II 

109TH CONGRESS 

2D SESSION S. 3591 

To improve efficiency in the Federal Government through the use of highperformance green buildings, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2006 

Mr. JEFFORDS (for himself, Ms. SNOWE, Mr. LAUTENBERG, Mr. CHAFEE, 

Mrs. BOXER, Mrs. FEINSTEIN, Mrs. CLINTON, Mr. LIEBERMAN, and Mr. 

OBAMA) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To improve efficiency in the Federal Government through 

the use of high-performance green buildings, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘High-Performance Green Buildings Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS 

Sec. 101. Oversight. 

Sec. 102. Office of High-Performance Green Buildings. 

Sec. 103. Green Building Advisory Committee. 

Sec. 104. Public outreach. 

Sec. 105. Research and development. 

Sec. 106. Budget and life-cycle costing and contracting. 

Sec. 107. Authorization of appropriations. 

TITLE II—HEALTHY HIGH-PERFORMANCE SCHOOLS 

Sec. 201. Definitions. 

Sec. 202. Grants for healthy school environments. 

Sec. 203. Federal guidelines for siting of school facilities. 

Sec. 204. Environmental health program. 

Sec. 205. Authorization of appropriations. 

TITLE III—STRENGTHENING FEDERAL LEADERSHIP 

Sec. 301. Incentives. 

Sec. 302. Federal procurement. 

Sec. 303. Federal green building performance. 

TITLE IV—DEMONSTRATION PROJECT 

Sec. 401. Coordination of goals. 

Sec. 402. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of General Serv5 ices. 

6 (2) COMMITTEE.—The term ‘‘Committee’’ 

7 means the Green Building Advisory Committee es8 tablished under section 103(a). 

9 (3) DIRECTOR.—The term ‘‘Director’’ means 

10 the individual appointed to the position established 

11 under section 101(a). 

12 (4) FEDERAL FACILITY.— 


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1 (A) IN GENERAL.—The term ‘‘Federal fa2 cility’’ means any building or facility the in3 tended use of which requires the building or fa4 cility to be— 

5 (i) accessible to the public; and 

6 (ii) constructed or altered by or on be7 half of the United States. 

8 (B) EXCLUSIONS.—The term ‘‘Federal fa9 cility’’ does not include a privately-owned resi10 dential or commercial structure that is not 

11 leased by the Federal Government. 

12 (5) HIGH-PERFORMANCE GREEN BUILDING.— 

13 The term ‘‘high-performance green building’’ means 

14 a building that, during its life-cycle— 

15 (A) reduces energy, water, and material re16 source use; 

17 (B) improves indoor environmental quality 

18 including, reducing indoor pollution, improving 

19 thermal comfort, and improving lighting and 

20 acoustic environments that affect occupant 

21 health and productivity; 

22 (C) reduces negative impacts on the envi23 ronment throughout the life-cycle of the build24 ing, including air and water pollution and waste 

25 generation; 


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1 (D) increases the use of environmentally 

2 preferable products, including biobased, recycled 

3 content, and nontoxic products with lower life4 cycle impacts; 

5 (E) increases reuse and recycling opportu6 nities; 

7 (F) integrates systems in the building; 

8 (G) reduces the environmental and energy 

9 impacts of transportation through building loca10 tion and site design that support a full range 

11 of transportation choices for users of the build12 ing; and 

13 (H) considers indoor and outdoor effects of 

14 the building on human health and the environ15 ment, including— 

16 (i) improvements in worker produc17 tivity; 

18 (ii) the life-cycle impacts of building 

19 materials and operations; and 

20 (iii) other factors that the Office con21 siders to be appropriate. 

22 (6) LIFE-CYCLE.—The term ‘‘life-cycle’’, with 

23 respect to a high-performance green building, means 

24 all stages of the useful life of the building (including 

25 components, equipment, systems, and controls of the 


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1 building) beginning at conception of a green building 

2 project and continuing through site selection, design, 

3 construction, landscaping, commissioning, operation, 

4 maintenance, renovation, deconstruction or demoli5 tion, removal, and recycling of the green building. 

6 (7) LIFE-CYCLE ASSESSMENT.—The term ‘‘life7 cycle assessment’’ means a comprehensive system 

8 approach for measuring the environmental perform9 ance of a product or service over the life of the prod10 uct or service, beginning at raw materials acquisition 

11 and continuing through manufacturing, transpor12 tation, installation, use, reuse, and end-of-life waste 

13 management. 

14 (8) LIFE-CYCLE COSTING.—The term ‘‘life-cycle 

15 costing’’, with respect to a high-performance green 

16 building, means a technique of economic evaluation 

17 that— 

18 (A) sums, over a given study period, the 

19 costs of initial investment (less resale value), re20 placements, operations (including energy use), 

21 and maintenance and repair of an investment 

22 decision; and 

23 (B) is expressed— 

24 (i) in present value terms, in the case 

25 of a study period equivalent to the longest 


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1 useful life of the building, determined by 

2 taking into consideration the typical life of 

3 such a building in the area in which the 

4 building is to be located; or 

5 (ii) in annual value terms, in the case 

6 of any other study period. 

7 (9) OFFICE.—The term ‘‘Office’’ means the Of8 fice of High-Performance Green Buildings estab9 lished under section 102(a). 

10 TITLE I—OFFICE OF HIGH-PER11 FORMANCE GREEN BUILD12 INGS 

13 SEC. 101. OVERSIGHT. 

14 (a) IN GENERAL.—The Administrator shall establish 

15 within the General Services Administration, and appoint 

16 an individual to serve as Director in, a position in the ca17 reer-reserved Senior Executive service, to— 

18 (1) establish and manage the Office in accord19 ance with section 102; and 

20 (2) carry out other duties as required under 

21 this Act. 

22 (b) COMPENSATION.—The compensation of the Di23 rector shall not exceed the maximum rate of basic pay for 

24 the Senior Executive Service under section 5382 of title 

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1 based comparability payment that may be authorized 

2 under section 5304(h)(2)(C) of that title. 

3 SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN BUILD4 INGS. 

5 (a) ESTABLISHMENT.—The Director shall establish 

6 within the General Services Administration an Office of 

7 High-Performance Green Buildings. 

8 (b) DUTIES.—The Director shall— 

9 (1) ensure full coordination of high-performance 

10 green building information and activities within the 

11 General Services Administration and all relevant 

12 agencies, including, at a minimum— 

13 (A) the Environmental Protection Agency; 

14 (B) the Office of the Federal Environ15 mental Executive; 

16 (C) the Office of Federal Procurement Pol17 icy; 

18 (D) the Department of Energy; 

19 (E) the Department of Health and Human 

20 Services; 

21 (F) the Department of Defense; and 

22 (G) such other Federal agencies as the Di23 rector considers to be appropriate; 

24 (2) establish a senior-level Federal green build25 ing advisory committee, which shall provide advice 


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1 and recommendations in accordance with section 

2 103; 

3 (3) identify and biennially reassess improved or 

4 higher rating standards recommended by the Com5 mittee; 

6 (4) establish a national high-performance green 

7 building clearinghouse in accordance with section 

8 104, which shall provide green building information 

9 through— 

10 (A) outreach; 

11 (B) education; and 

12 (C) the provision of technical assistance; 

13 (5) ensure full coordination of research and de14 velopment information relating to high-performance 

15 green building initiatives under section 105; 

16 (6) identify and develop green building stand17 ards that could be used for all types of Federal fa18 cilities in accordance with section 105; 

19 (7) establish green practices that can be used 

20 throughout the life of a Federal facility; 

21 (8) review and analyze current Federal budget 

22 practices and life-cycle costing issues, and make rec23 ommendations to Congress, in accordance with sec24 tion 106; and 


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1 (9) complete and submit the report described in 

2 subsection (c). 

3 (c) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, and biennially thereafter, the Di5 rector shall submit to Congress a report that— 

6 (1) describes the status of the green building 

7 initiatives under this Act and other Federal pro8 grams in effect as of the date of the report, includ9 ing— 

10 (A) the extent to which the programs are 

11 being carried out in accordance with this Act; 

12 and 

13 (B) the status of funding requests and ap14 propriations for those programs; 

15 (2) identifies within the planning, budgeting, 

16 and construction process all types of Federal facility 

17 procedures that inhibit new and existing Federal fa18 cilities from becoming high-performance green build19 ings as measured by— 

20 (A) a silver rating, as defined by the Lead21 ership in Energy and Environmental Design 

22 Building Rating System standard established by 

23 the United States Green Building Council (or 

24 an equivalent rating); or 


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1 (B) an improved or higher rating standard, 

2 as identified by the Committee; 

3 (3) identifies inconsistencies, as reported to the 

4 Committee, in Federal law with respect to product 

5 acquisition guidelines and high-performance product 

6 guidelines; 

7 (4) recommends language for uniform stand8 ards for use by Federal agencies in environmentally 

9 responsible acquisition; 

10 (5) in coordination with the Office of Manage11 ment and Budget, reviews the budget process for 

12 capital programs with respect to alternatives for— 

13 (A) restructuring of budgets to require the 

14 use of complete energy- and environmental-cost 

15 accounting; 

16 (B) using operations expenditures in budg17 et-related decisions while simultaneously incor18 porating productivity and health measures (as 

19 those measures can be quantified by the Office, 

20 with the assistance of universities and national 

21 laboratories); 

22 (C) permitting Federal agencies to retain 

23 all identified savings accrued as a result of the 

24 use of life-cycle costing for future high-perform25 ance green building initiatives; and 


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1 (D) identifying short- and long-term cost 

2 savings that accrue from high-performance 

3 green buildings, including those relating to 

4 health and productivity; 

5 (6) identifies green, self-sustaining technologies 

6 to address the operational needs of Federal facilities 

7 in times of national security emergencies, natural 

8 disasters, or other dire emergencies; 

9 (7) summarizes and highlights development, at 

10 the State and local level, of green building initia11 tives, including executive orders, policies, or laws 

12 adopted promoting green building (including the sta13 tus of implementation of those initiatives); and 

14 (8) includes, for the 2-year period covered by 

15 the report, recommendations to address each of the 

16 matters, and a plan for implementation of each rec17 ommendation, described in paragraphs (1) through 

18 (6). 

19 (d) IMPLEMENTATION.—The Office shall carry out 

20 each plan for implementation of recommendations under 

21 subsection (c)(7). 

22 SEC. 103. GREEN BUILDING ADVISORY COMMITTEE. 

23 (a) ESTABLISHMENT.—Not later than 180 days after 

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1 lish a committee to be known as the ‘‘Green Building Ad2 visory Committee’’. 

3 (b) MEMBERSHIP.—The Committee shall be com4 posed of representatives of, at a minimum— 

5 (1) each agency referred to in section 

6 102(b)(1); and 

7 (2) other relevant entities, as determined by the 

8 Director, including at least 1 representative of each 

9 of the following: 

10 (A) State and local governmental green 

11 building programs. 

12 (B) Independent green building associa13 tions or councils. 

14 (C) Building experts, including architects, 

15 material suppliers, and construction contrac16 tors. 

17 (D) Security advisors focusing on national 

18 security needs, natural disasters, and other dire 

19 emergency situations. 

20 (E) Children and adult environmental 

21 health experts. 

22 (c) MEETINGS.—The Director shall establish a reg23 ular schedule of meetings for the Committee, which shall 

24 convene a minimum of 6 times each year. 


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1 (d) DUTIES.—The Committee shall provide advice 

2 and expertise for use by the Director in carrying out the 

3 duties under this Act, including such recommendations re4 lating to Federal activities carried out under sections 104 

5 through 106 as are agreed to by a majority of the mem6 bers of the Committee. 

7 (e) FACA EXEMPTION.—The Committee shall not be 

8 subject to the Federal Advisory Committee Act (5 U.S.C. 

9 App.). 

10 SEC. 104. PUBLIC OUTREACH. 

11 The Director, in coordination with the Committee, 

12 shall carry out public outreach to inform individuals and 

13 entities of the information and services available Govern14 ment-wide by— 

15 (1) establishing and maintaining a national 

16 high-performance green building clearinghouse, in17 cluding on the Internet, that— 

18 (A) identifies existing similar efforts and 

19 coordinates activities of common interest; and 

20 (B) provides information relating to high21 performance green buildings, including 

22 hyperlinks to Internet sites that describe the ac23 tivities, information, and resources of— 

24 (i) the Federal Government; 

25 (ii) State and local governments; 


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1 (iii) the private sector (including non2 governmental and nonprofit entities and 

3 organizations); and 

4 (iv) international organizations; 

5 (2) identifying and recommending educational 

6 resources for implementing high-performance green 

7 building practices, including security and emergency 

8 benefits and practices; 

9 (3) providing access to technical assistance on 

10 using tools and resources to make more cost-effec11 tive, energy-efficient, health-protective, and environ12 mentally beneficial decisions for constructing high13 performance green buildings, particularly tools avail14 able to conduct life-cycle costing and life-cycle as15 sessment; 

16 (4) providing information on application proc17 esses for certifying a high-performance green build18 ing, including certification and commissioning; 

19 (5) providing technical information, market re20 search, or other forms of assistance or advice that 

21 would be useful in planning and constructing high22 performance green buildings; and 

23 (6) using such other methods as are determined 

24 by the Director to be appropriate. 


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1 SEC. 105. RESEARCH AND DEVELOPMENT. 

2 (a) ESTABLISHMENT.—The Director, in coordination 

3 with the Committee, shall— 

4 (1)(A) survey existing research and studies re5 lating to high-performance green buildings; and 

6 (B) coordinate activities of common interest; 

7 (2) develop and recommend a high-performance 

8 green building research plan that— 

9 (A) identifies information and research 

10 needs, including the relationships between 

11 health, occupant productivity, and each of— 

12 (i) pollutant emissions from materials 

13 and products in the building; 

14 (ii) natural day lighting; 

15 (iii) ventilation choices and tech16 nologies; 

17 (iv) heating, cooling, and system con18 trol choices and technologies; 

19 (v) moisture control and mold; 

20 (vi) maintenance, cleaning, and pest 

21 control activities; 

22 (vii) acoustics; and 

23 (viii) other issues relating to the 

24 health, comfort, productivity, and perform25 ance of occupants of the building; and 


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1 (B) promotes the development and dissemi2 nation of high-performance green building 

3 measurement tools that, at a minimum, may be 

4 used— 

5 (i) to monitor and assess the life-cycle 

6 performance of facilities (including dem7 onstration projects) built as high-perform8 ance green buildings; and 

9 (ii) to perform life-cycle assessments; 

10 (3) assist the budget and life-cycle costing func11 tions of the Office under section 106; 

12 (4) study and identify potential benefits of 

13 green buildings relating to security, natural disaster, 

14 and emergency needs of the Federal Government; 

15 and 

16 (5) support other research initiatives deter17 mined by the Office. 

18 (b) INDOOR AIR QUALITY.—The Director, in con19 sultation with the Committee, shall develop and implement 

20 a comprehensive indoor air quality program for all Federal 

21 facilities to ensure the safety of Federal workers and facil22 ity occupants— 

23 (1) during new construction and renovation of 

24 facilities; and 

25 (2) in existing facilities. 


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1 SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND CON2 TRACTING. 

3 (a) ESTABLISHMENT.—The Director, in coordination 

4 with the Committee, shall— 

5 (1) identify, review, and analyze current budget 

6 and contracting practices that affect achievement of 

7 high-performance green buildings, including the 

8 identification of barriers to green building life-cycle 

9 costing and budgetary issues; 

10 (2) develop guidance and conduct training ses11 sions with budget specialists and contracting per12 sonnel from Federal agencies and budget examiners 

13 to apply life-cycle cost criteria to actual projects; 

14 (3) identify tools to aid life-cycle cost decision15 making; and 

16 (4) explore the feasibility of incorporating the 

17 benefits of green buildings, such as security benefits, 

18 into a cost-budget analysis to aid in life-cycle costing 

19 for budget and decision making processes. 

20 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated to carry out 

22 this title $4,000,000 for each of fiscal years 2007 through 

23 2012, to remain available until expended. 


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1 TITLE II—HEALTHY HIGH2 PERFORMANCE SCHOOLS 

3 SEC. 201. DEFINITIONS. 

4 In this title: 

5 (1) HIGH-PERFORMANCE SCHOOL.—The term 

6 ‘‘high-performance school’’ has the meaning given 

7 the term ‘‘healthy, high-performance school build8 ing’’ in section 5586 of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 7277e). 

10 (2) LOCAL EDUCATIONAL AGENCY.—The term 

11 ‘‘local educational agency’’ has the meaning given 

12 the term in section 9101 of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C. 7801). 

14 (3) STATE EDUCATIONAL AGENCY.—The term 

15 ‘‘State educational agency’’ has the meaning given 

16 the term in section 9101 of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 7801). 

18 SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 

19 (a) IN GENERAL.—The Administrator of the Envi20 ronmental Protection Agency, in consultation with the 

21 Secretary of Education and the Secretary of Health and 

22 Human Services, may provide grants to State and local 

23 educational agencies for use in— 

24 (1) providing technical assistance for programs 

25 of the Environmental Protection Agency (including 


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1 the Tools for Schools Program and the Healthy 

2 School Environmental Assessment Tool) to schools 

3 for use in addressing environmental issues; and 

4 (2) development of State school environmental 

5 quality plans, in partnership with the Environmental 

6 Protection Agency, that include— 

7 (A) standards for healthy high-perform8 ance school building design, construction, and 

9 renovation; 

10 (B) identification of ongoing school build11 ing environmental problems in the State, in12 cluding assessment of information on the expo13 sure of children to environmental hazards in 

14 school facilities, as provided by the Adminis15 trator of the Environmental Protection Agency; 

16 (C) proposals for the systematic improve17 ment (including benchmarks and timelines) of 

18 environmental conditions in schools throughout 

19 the State, including— 

20 (i) school building siting, construction, 

21 and maintenance; 

22 (ii) indoor air quality; 

23 (iii) pest control; 

24 (iv) radon contamination; 

25 (v) lead contamination; 


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1 (vi) environmentally preferable pur2 chasing of products for classroom instruc3 tion and for maintenance; 

4 (vii) hazard identification and remedi5 ation; and 

6 (viii) modes of transportation avail7 able to students and staff; 

8 (D) recommendations for improvements in 

9 the capacity of the State to track child and 

10 adult health complaints relating to schools; and 

11 (E) plans for operation as an emergency, 

12 self-sustaining evacuation center. 

13 (b) OTHER GRANTS.—The Administrator of the En14 vironmental Protection Agency may provide grants to 

15 qualified, nonprofit organizations to assist in community 

16 and public education on healthy school environments. 

17 (c) COST SHARING.— 

18 (1) FEDERAL SHARE.—The Federal share of 

19 the cost of a project or activity carried out using 

20 funds from a grant under subsection (a) shall not 

21 exceed 90 percent. 

22 (2) NON-FEDERAL SHARE.—The non-Federal 

23 share of the cost of a project or activity carried out 

24 using funds from a grant under subsection (a) may 


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1 be provided in the form of cash or in-kind goods and 

2 services. 

3 (d) GRANT PRIORITY.— 

4 (1) IN GENERAL.—In providing grants under 

5 this section for use in carrying out the program re6 ferred to in subsection (a)(1), the Administrator of 

7 the Environmental Protection Agency, in consulta8 tion with the Secretary of Education, shall give pri9 ority to school districts with need for environmental 

10 improvement as identified in the school environ11 mental plans described in this section. 

12 (2) RESPONSIBILITY OFSCHOOL DISTRICTS

13 AND STATE EDUCATIONAL AGENCIES.— 

14 (A) SCHOOL DISTRICTS.—Not later than 2 

15 years after the date of enactment of this Act, 

16 and annually thereafter, each school district 

17 that receives funds from the Administrator of 

18 the Environmental Protection Agency to carry 

19 out a program described in subsection (a) shall 

20 submit to the State educational agency with ju21 risdiction over the school district a report that 

22 includes— 

23 (i) a list of schools in the districts 

24 that, as of the date of the report, have ac25 cepted funds or other assistance from the 


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1 Environmental Protection Agency for use 

2 in carrying out this section; and 

3 (ii) an overview of the impact of the 

4 funds, including— 

5 (I) general data regarding meas6 ures of student health and attendance 

7 rates before and after grant interven8 tion; and 

9 (II) descriptions of toxic or haz10 ardous cleaning, maintenance, or in11 structional products eliminated or re12 duced in use as part of the promotion 

13 or remediation of the indoor air qual14 ity of schools within the school dis15 trict; and 

16 (iii) basic information on the potential 

17 influence of other factors (such as the in18 stallation of carpet and HVAC systems 

19 and similar activities) on air quality. 

20 (B) STATE EDUCATIONAL AGENCY RE21 PORTS.—Not later than 180 days after the date 

22 on which each State educational agency has re23 ceived the annual reports under subparagraph 

24 (A) from all participating school districts, the 

25 State educational agency shall submit to the 


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1 Administrator of the Environmental Protection 

2 Agency and Congress a consolidated report of 

3 all information received from the school dis4 tricts. 

5 SEC. 203. FEDERAL GUIDELINES FOR SITING OF SCHOOL 

6 FACILITIES. 

7 The Administrator of the Environmental Protection 

8 Agency, in consultation with the Secretary of Education 

9 and the Secretary of Health and Human Services, shall 

10 develop school site selection guidelines that account for— 

11 (1) the special vulnerability of children to haz12 ardous substances or pollution exposures in any case 

13 in which the potential for contamination at a poten14 tial school site exists, as determined by the Adminis15 trator of the Environmental Protection Agency, in 

16 consultation with the Secretary of Education; 

17 (2) modes of transportation available to stu18 dents and staff; and 

19 (3) the potential use of a school at the site as 

20 an emergency shelter. 

21 SEC. 204. ENVIRONMENTAL HEALTH PROGRAM. 

22 (a) IN GENERAL.—The Administrator of the Envi23 ronmental Protection Agency, in consultation with the 

24 Secretary of Education, the Secretary of Health and 

25 Human Services, and other relevant agencies, shall issue 


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1 guidelines for use by the State in developing and imple2 menting an environmental health program for schools 

3 that— 

4 (1) takes into account the status and findings 

5 of Federal research initiatives established under this 

6 Act and other relevant Federal law with respect to 

7 school facilities, including relevant updates on trends 

8 in the field, such as the impact of school facility en9 vironments on student and staff— 

10 (A) health, safety, and productivity; and 

11 (B) disabilities or special needs; 

12 (2) provides research using relevant tools iden13 tified or developed in accordance with section 105 to 

14 quantify the relationships between— 

15 (A) human health, occupant productivity, 

16 and student performance; and 

17 (B) with respect to school facilities, each 

18 of— 

19 (i) pollutant emissions from materials 

20 and products; 

21 (ii) natural day lighting; 

22 (iii) ventilation choices and tech23 nologies; 

24 (iv) heating and cooling choices and 

25 technologies; 


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1 (v) moisture control and mold; 

2 (vi) maintenance, cleaning, and pest 

3 control activities; 

4 (vii) acoustics; and 

5 (viii) other issues relating to the 

6 health, comfort, productivity, and perform7 ance of occupants of the school facilities; 

8 (3) provides technical assistance on siting, de9 sign, management, and operation of school facilities, 

10 including facilities used by students with disabilities 

11 or special needs; 

12 (4) collaborates with federally funded pediatric 

13 environmental health centers to assist in on-site 

14 school environmental investigations; 

15 (5) assists States and the public in better un16 derstanding and improving the environmental health 

17 of children; and 

18 (6) provides to the Office a biennial report of 

19 all activities carried out under this title, which the 

20 Director shall include in the report described in sec21 tion 102(c). 

22 (b) PUBLIC OUTREACH.—The Director shall ensure, 

23 to the maximum extent practicable, that the public clear24 inghouse established under section 104 receives and makes 

25 available— 


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1 (1) information from the Administrator of the 

2 Environmental Protection Agency that is contained 

3 in the report described in subsection (a)(6); and 

4 (2) information on the exposure of children to 

5 environmental hazards in school facilities, as pro6 vided by the Administrator of the Environmental 

7 Protection Agency. 

8 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

9 There is authorized to be appropriated to carry out 

10 this title $10,000,000 for the period of fiscal years 2007 

11 through 2012, to remain available until expended. 

12 TITLE III—STRENGTHENING 

13 FEDERAL LEADERSHIP 

14 SEC. 301. INCENTIVES. 

15 As soon as practicable after the date of enactment 

16 of this Act, the Director shall identify incentives to encour17 age the use of green buildings and related technology in 

18 the operations of the Federal Government, including 

19 through— 

20 (1) the provision of recognition awards; and 

21 (2) the maximum feasible retention of financial 

22 savings in the annual budgets of Federal agencies 

23 for use in reinvesting in future green building initia24 tives. 


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1 SEC. 302. FEDERAL PROCUREMENT. 

2 (a) IN GENERAL.—Not later than 2 years after the 

3 date of enactment of this Act, the Director of the Office 

4 of Federal Procurement Policy, in consultation with the 

5 Director and the Under Secretary of Defense for Acquisi6 tion, Technology, and Logistics, shall promulgate revisions 

7 of the applicable acquisition regulations, to take effect as 

8 of the date of promulgation of the revisions— 

9 (1) to direct any Federal procurement execu10 tives involved in the acquisition, construction, or 

11 major renovation (including contracting for the con12 struction or major renovation) of any facility— 

13 (A) to employ integrated design principles; 

14 (B) to improve site selection for environ15 mental and community benefits; 

16 (C) to optimize building and systems en17 ergy performance; 

18 (D) to protect and conserve water; 

19 (E) to enhance indoor environmental qual20 ity; and 

21 (F) to reduce environmental impacts of 

22 materials and waste flows; and 

23 (2) to direct Federal procurement executives in24 volved in leasing buildings, to give preference to the 

25 lease of facilities that— 

26 (A) are energy-efficient; and 


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1 (B) to the maximum extent practicable, 

2 have applied contemporary high-performance 

3 and sustainable design principles during con4 struction or renovation. 

5 (b) GUIDANCE.—Not later than 90 days after the 

6 date of promulgation of the revised regulations under sub7 section (a), the Director shall issue guidance to all Federal 

8 procurement executives providing direction and instruc9 tions to renegotiate the design of proposed facilities, ren10 ovations for existing facilities, and leased facilities to in11 corporate improvements that are consistent with this sec12 tion. 

13 SEC. 303. FEDERAL GREEN BUILDING PERFORMANCE. 

14 (a) IN GENERAL.—Not later than October 31 of each 

15 of the 2 fiscal years following the fiscal year in which this 

16 Act is enacted, and at such times thereafter as the Comp17 troller General of the United States determines to be ap18 propriate, the Comptroller General of the United States 

19 shall, with respect to the fiscal years that have passed 

20 since the preceding report— 

21 (1) conduct an audit of the implementation of 

22 this Act; and 

23 (2) submit to the Office, the Committee, the 

24 Administrator, and Congress a report describing the 

25 results of the audit. 


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1 (b) CONTENTS.—An audit under subsection (a) shall 

2 include a review, with respect to the period covered by the 

3 report under subsection (a)(2), of— 

4 (1) budget, life-cycle costing, and contracting 

5 issues, using best practices identified by the Comp6 troller General of the United States and heads of 

7 other agencies in accordance with section 106; 

8 (2) the level of coordination among the Office, 

9 the Office of Management and Budget, and relevant 

10 agencies; 

11 (3) the performance of the Office in carrying 

12 out the implementation plan; 

13 (4) the design stage of high-performance green 

14 building measures; 

15 (5) high-performance building data that were 

16 collected and reported to the Office; and 

17 (6) such other matters as the Comptroller Gen18 eral of the United States determines to be appro19 priate. 

20 (c) CONSULTATION.—The Director shall consult with 

21 the Committee to enhance and assist the implementation 

22 of the Environmental Stewardship Scorecard announced 

23 at the White House Summit on Federal sustainable build24 ings in January 2006, to measure the implementation by 


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1 each Federal agency of sustainable design and green 

2 building initiatives. 

3 TITLE IV—DEMONSTRATION 

4 PROJECT 

5 SEC. 401. COORDINATION OF GOALS. 

6 (a) IN GENERAL.—The Director shall establish 

7 guidelines to implement a demonstration project to con8 tribute to the research goals of the Office. 

9 (b) PROJECTS.—In accordance with guidelines estab10 lished by the Director under subsection (a) and the duties 

11 of the Director described in title I, the Director shall carry 

12 out— 

13 (1) for each of fiscal years 2008 through 2013, 

14 1 demonstration project in a Federal building se15 lected by the Director in accordance with relevant 

16 agencies and described in subsection (c)(1), that— 

17 (A) provides for the evaluation of the in18 formation obtained through the conduct of 

19 projects and activities under this Act; and 

20 (B) achieves a platinum rating, as defined 

21 by the Leadership in Energy and Environ22 mental Design Building Rating System stand23 ard established by the United States Green 

24 Building Council (or equivalent rating); and 


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1 (2) no fewer than 4 demonstration projects at 

2 4 universities, that, as competitively selected by the 

3 Director in accordance with subsection (c)(2), 

4 have— 

5 (A) appropriate research resources and rel6 evant projects to meet the goals of the dem7 onstration project established by the Office; and 

8 (B) the ability— 

9 (i) to serve as a model for high-per10 formance green building initiatives, includ11 ing research and education; 

12 (ii) to identify the most effective ways 

13 to use high-performance green building 

14 and landscape technologies to engage and 

15 educate undergraduate and graduate stu16 dents; 

17 (iii) to effectively implement a high18 performance green building education pro19 gram for students and occupants; 

20 (iv) to demonstrate the effectiveness 

21 of various high-performance technologies in 

22 each of the 4 climatic regions of the 

23 United States described in subsection 

24 (c)(2)(B); and 


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1 (v) to explore quantifiable and non2 quantifiable beneficial impacts on public 

3 health and employee and student perform4 ance. 

5 (c) CRITERIA.— 

6 (1) FEDERAL FACILITIES.—With respect to the 

7 existing or proposed Federal facility at which a dem8 onstration project under this section is conducted, 

9 the Federal facility shall— 

10 (A) be an appropriate model for a project 

11 relating to— 

12 (i) the effectiveness of high-perform13 ance technologies; 

14 (ii) analysis of materials, components, 

15 systems, and emergency operations in the 

16 building, and the impact of those mate17 rials, components, and systems, including 

18 the impact on the health of building occu19 pants; 

20 (iii) life-cycle costing and life-cycle as21 sessment of building materials and sys22 tems; and 

23 (iv) location and design that promote 

24 access to the Federal facility through walk25 ing, biking, and mass transit; and 


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1 (B) possess sufficient technological and or2 ganizational adaptability. 

3 (2) UNIVERSITIES.—With respect to the 4 uni4 versities at which a demonstration project under this 

5 section is conducted— 

6 (A) the universities should be selected, 

7 after careful review of all applications received 

8 containing the required information, as deter9 mined by the Director, based on— 

10 (i) successful and established public11 private research and development partner12 ships; 

13 (ii) demonstrated capabilities to con14 struct or renovate buildings that meet high 

15 indoor environmental quality standards; 

16 (iii) organizational flexibility; 

17 (iv) technological adaptability; 

18 (v) the demonstrated capacity of at 

19 least 1 university to replicate lessons 

20 learned among nearby or sister univer21 sities, preferably by participation in groups 

22 or consortia that promote sustainability; 

23 (vi) the demonstrated capacity of at 

24 least 1 university to have officially-adoptVerDate Aug 31 2005 22:05 Jun 29, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3591.IS S3591

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1 ed, institution-wide ‘‘green building’’ guide2 lines for all campus building projects; and 

3 (vii) the demonstrated capacity of at 

4 least 1 university to have been recognized 

5 by similar institutions as a national leader 

6 in sustainability education and curriculum 

7 for students of the university; and 

8 (B) each university shall be located in a 

9 different climatic region of the United States, 

10 each of which regions shall have, as determined 

11 by the Office— 

12 (i) a hot, dry climate; 

13 (ii) a hot, humid climate; 

14 (iii) a cold climate; or 

15 (iv) a temperate climate (including a 

16 climate with cold winters and humid sum17 mers). 

18 (d) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, and annually thereafter through 

20 September 30, 2013— 

21 (1) the Director shall submit to the Adminis22 trator a report that describes the status of the dem23 onstration projects; and 

24 (2) each University at which a demonstration 

25 project under this section is conducted shall submit 


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1 to the Administrator a report that describes the sta2 tus of the demonstration projects under this section. 

3 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) FEDERAL DEMONSTRATION PROJECT.—There is 

5 authorized to be appropriated to carry out the Federal 

6 demonstration project described in section 401(b)(1) 

7 $10,000,000 for the period of fiscal years 2008 through 

8 2013, to remain available until expended. 

9 (b) UNIVERSITY DEMONSTRATION PROJECTS.— 

10 There is authorized to be appropriated to carry out the 

11 university demonstration projects described in section 

12 401(b)(2) $10,000,000 for the period of fiscal years 2008 

13 through 2013, to remain available until expended. 

Æ 


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