II 

Calendar No. 660 

109TH CONGRESS 

2D SESSION S. 3591 

[Report No. 109–358] 

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, Mr. 

OBAMA, Mr. MENENDEZ, Mr. WYDEN, and Mr. BINGAMAN) introduced 

the following bill; which was read twice and referred to the Committee 

on Environment and Public Works 

NOVEMBER 13, 2006 

Reported by Mr. INHOFE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


bajohnson on PROD1PC77 with BILLS
2 

•S 3591 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of General Serv10 ices. 


bajohnson on PROD1PC77 with BILLS
3 

•S 3591 RS

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

2 means the Green Building Advisory Committee es3 tablished under section 103(a). 

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

5 the individual appointed to the position established 

6 under section 101(a). 

7 (4) FEDERAL FACILITY.— 

8 (A) IN GENERAL.—The term ‘‘Federal fa9 cility’’ means any building or facility the in10 tended use of which requires the building or fa11 cility to be— 

12 (i) accessible to the public; and 

13 (ii) constructed or altered by or on be14 half of the United States. 

15 (B) EXCLUSIONS.—The term ‘‘Federal fa16 cility’’ does not include a privately-owned resi17 dential or commercial structure that is not 

18 leased by the Federal Government. 

19 (5) HIGH-PERFORMANCE GREEN BUILDING.— 

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

21 a building that, during its life-cycle— 

22 (A) reduces energy, water, and material re23 source use; 

24 (B) improves indoor environmental quality 

25 including, reducing indoor pollution, improving 


bajohnson on PROD1PC77 with BILLS
4 

•S 3591 RS

1 thermal comfort, and improving lighting and 

2 acoustic environments that affect occupant 

3 health and productivity; 

4 (C) reduces negative impacts on the envi5 ronment throughout the life-cycle of the build6 ing, including air and water pollution and waste 

7 generation; 

8 (D) increases the use of environmentally 

9 preferable products, including biobased, recycled 

10 content, and nontoxic products with lower life11 cycle impacts; 

12 (E) increases reuse and recycling opportu13 nities; 

14 (F) integrates systems in the building; 

15 (G) reduces the environmental and energy 

16 impacts of transportation through building loca17 tion and site design that support a full range 

18 of transportation choices for users of the build19 ing; and 

20 (H) considers indoor and outdoor effects of 

21 the building on human health and the environ22 ment, including— 

23 (i) improvements in worker produc24 tivity; 


bajohnson on PROD1PC77 with BILLS
5 

•S 3591 RS

1 (ii) the life-cycle impacts of building 

2 materials and operations; and 

3 (iii) other factors that the Office con4 siders to be appropriate. 

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

6 respect to a high-performance green building, means 

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

8 components, equipment, systems, and controls of the 

9 building) beginning at conception of a green building 

10 project and continuing through site selection, design, 

11 construction, landscaping, commissioning, operation, 

12 maintenance, renovation, deconstruction or demoli13 tion, removal, and recycling of the green building. 

14 (7) LIFE-CYCLE ASSESSMENT.—The term ‘‘life15 cycle assessment’’ means a comprehensive system 

16 approach for measuring the environmental perform17 ance of a product or service over the life of the prod18 uct or service, beginning at raw materials acquisition 

19 and continuing through manufacturing, transpor20 tation, installation, use, reuse, and end-of-life waste 

21 management. 

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

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

24 building, means a technique of economic evaluation 

25 that— 


bajohnson on PROD1PC77 with BILLS
6 

•S 3591 RS

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

2 costs of initial investment (less resale value), re3 placements, operations (including energy use), 

4 and maintenance and repair of an investment 

5 decision; and 

6 (B) is expressed— 

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

8 of a study period equivalent to the longest 

9 useful life of the building, determined by 

10 taking into consideration the typical life of 

11 such a building in the area in which the 

12 building is to be located; or 

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

14 of any other study period. 

15 (9) OFFICE.—The term ‘‘Office’’ means the Of16 fice of High-Performance Green Buildings estab17 lished under section 102(a). 

18 TITLE I—OFFICE OF HIGH-PER19 FORMANCE GREEN BUILD20 INGS 

21 SEC. 101. OVERSIGHT. 

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

23 within the General Services Administration, and appoint 

24 an individual to serve as Director in, a position in the ca25 reer-reserved Senior Executive service, to— 


bajohnson on PROD1PC77 with BILLS
7 

•S 3591 RS

1 (1) establish and manage the Office in accord2 ance with section 102; and 

3 (2) carry out other duties as required under 

4 this Act. 

5 (b) COMPENSATION.—The compensation of the Di6 rector shall not exceed the maximum rate of basic pay for 

7 the Senior Executive Service under section 5382 of title 

8 5, United States Code, including any applicable locality9 based comparability payment that may be authorized 

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

11 SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN BUILD12 INGS. 

13 (a) ESTABLISHMENT.—The Director shall establish 

14 within the General Services Administration an Office of 

15 High-Performance Green Buildings. 

16 (b) DUTIES.—The Director shall— 

17 (1) ensure full coordination of high-performance 

18 green building information and activities within the 

19 General Services Administration and all relevant 

20 agencies, including, at a minimum— 

21 (A) the Environmental Protection Agency; 

22 (B) the Office of the Federal Environ23 mental Executive; 

24 (C) the Office of Federal Procurement Pol25 icy; 


bajohnson on PROD1PC77 with BILLS
8 

•S 3591 RS

1 (D) the Department of Energy; 

2 (E) the Department of Health and Human 

3 Services; 

4 (F) the Department of Defense; and 

5 (G) such other Federal agencies as the Di6 rector considers to be appropriate; 

7 (2) establish a senior-level Federal green build8 ing advisory committee, which shall provide advice 

9 and recommendations in accordance with section 

10 103; 

11 (3) identify and biennially reassess improved or 

12 higher rating standards recommended by the Com13 mittee; 

14 (4) establish a national high-performance green 

15 building clearinghouse in accordance with section 

16 104, which shall provide green building information 

17 through— 

18 (A) outreach; 

19 (B) education; and 

20 (C) the provision of technical assistance; 

21 (5) ensure full coordination of research and de22 velopment information relating to high-performance 

23 green building initiatives under section 105; 


bajohnson on PROD1PC77 with BILLS
9 

•S 3591 RS

1 (6) identify and develop green building stand2 ards that could be used for all types of Federal fa3 cilities in accordance with section 105; 

4 (7) establish green practices that can be used 

5 throughout the life of a Federal facility; 

6 (8) review and analyze current Federal budget 

7 practices and life-cycle costing issues, and make rec8 ommendations to Congress, in accordance with sec9 tion 106; and 

10 (9) complete and submit the report described in 

11 subsection (c). 

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

13 of enactment of this Act, and biennially thereafter, the Di14 rector shall submit to Congress a report that— 

15 (1) describes the status of the green building 

16 initiatives under this Act and other Federal pro17 grams in effect as of the date of the report, includ18 ing— 

19 (A) the extent to which the programs are 

20 being carried out in accordance with this Act; 

21 and 

22 (B) the status of funding requests and ap23 propriations for those programs; 

24 (2) identifies within the planning, budgeting, 

25 and construction process all types of Federal facility 


bajohnson on PROD1PC77 with BILLS
10 

•S 3591 RS

1 procedures that inhibit new and existing Federal fa2 cilities from becoming high-performance green build3 ings as measured by— 

4 (A) a silver rating, as defined by the Lead5 ership in Energy and Environmental Design 

6 Building Rating System standard established by 

7 the United States Green Building Council (or 

8 an equivalent rating); or 

9 (B) an improved or higher rating standard, 

10 as identified by the Committee; 

11 (3) identifies inconsistencies, as reported to the 

12 Committee, in Federal law with respect to product 

13 acquisition guidelines and high-performance product 

14 guidelines; 

15 (4) recommends language for uniform stand16 ards for use by Federal agencies in environmentally 

17 responsible acquisition; 

18 (5) in coordination with the Office of Manage19 ment and Budget, reviews the budget process for 

20 capital programs with respect to alternatives for— 

21 (A) restructuring of budgets to require the 

22 use of complete energy- and environmental-cost 

23 accounting; 

24 (B) using operations expenditures in budg25 et-related decisions while simultaneously incorVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
11 

•S 3591 RS

1 porating productivity and health measures (as 

2 those measures can be quantified by the Office, 

3 with the assistance of universities and national 

4 laboratories); 

5 (C) permitting Federal agencies to retain 

6 all identified savings accrued as a result of the 

7 use of life-cycle costing for future high-perform8 ance green building initiatives; and 

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

10 savings that accrue from high-performance 

11 green buildings, including those relating to 

12 health and productivity; 

13 (6) identifies green, self-sustaining technologies 

14 to address the operational needs of Federal facilities 

15 in times of national security emergencies, natural 

16 disasters, or other dire emergencies; 

17 (7) summarizes and highlights development, at 

18 the State and local level, of green building initia19 tives, including executive orders, policies, or laws 

20 adopted promoting green building (including the sta21 tus of implementation of those initiatives); and 

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

23 the report, recommendations to address each of the 

24 matters, and a plan for implementation of each recVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
12 

•S 3591 RS

1 ommendation, described in paragraphs (1) through 

2 (6). 

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

4 each plan for implementation of recommendations under 

5 subsection (c)(7). 

6 SEC. 103. GREEN BUILDING ADVISORY COMMITTEE. 

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

8 the date of enactment of this Act, the Director shall estab9 lish a committee to be known as the ‘‘Green Building Ad10 visory Committee’’. 

11 (b) MEMBERSHIP.—The Committee shall be com12 posed of representatives of, at a minimum— 

13 (1) each agency referred to in section 

14 102(b)(1); and 

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

16 Director, including at least 1 representative of each 

17 of the following: 

18 (A) State and local governmental green 

19 building programs. 

20 (B) Independent green building associa21 tions or councils. 

22 (C) Building experts, including architects, 

23 material suppliers, and construction contrac24 tors. 


bajohnson on PROD1PC77 with BILLS
13 

•S 3591 RS

1 (D) Security advisors focusing on national 

2 security needs, natural disasters, and other dire 

3 emergency situations. 

4 (E) Children and adult environmental 

5 health experts. 

6 (c) MEETINGS.—The Director shall establish a reg7 ular schedule of meetings for the Committee, which shall 

8 convene a minimum of 6 times each year. 

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

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

11 duties under this Act, including such recommendations re12 lating to Federal activities carried out under sections 104 

13 through 106 as are agreed to by a majority of the mem14 bers of the Committee. 

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

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

17 App.). 

18 SEC. 104. PUBLIC OUTREACH. 

19 The Director, in coordination with the Committee, 

20 shall carry out public outreach to inform individuals and 

21 entities of the information and services available Govern22 ment-wide by— 

23 (1) establishing and maintaining a national 

24 high-performance green building clearinghouse, in25 cluding on the Internet, that— 


bajohnson on PROD1PC77 with BILLS
14 

•S 3591 RS

1 (A) identifies existing similar efforts and 

2 coordinates activities of common interest; and 

3 (B) provides information relating to high4 performance green buildings, including 

5 hyperlinks to Internet sites that describe the ac6 tivities, information, and resources of— 

7 (i) the Federal Government; 

8 (ii) State and local governments; 

9 (iii) the private sector (including non10 governmental and nonprofit entities and 

11 organizations); and 

12 (iv) international organizations; 

13 (2) identifying and recommending educational 

14 resources for implementing high-performance green 

15 building practices, including security and emergency 

16 benefits and practices; 

17 (3) providing access to technical assistance on 

18 using tools and resources to make more cost-effec19 tive, energy-efficient, health-protective, and environ20 mentally beneficial decisions for constructing high21 performance green buildings, particularly tools avail22 able to conduct life-cycle costing and life-cycle as23 sessment; 


bajohnson on PROD1PC77 with BILLS
15 

•S 3591 RS

1 (4) providing information on application proc2 esses for certifying a high-performance green build3 ing, including certification and commissioning; 

4 (5) providing technical information, market re5 search, or other forms of assistance or advice that 

6 would be useful in planning and constructing high7 performance green buildings; and 

8 (6) using such other methods as are determined 

9 by the Director to be appropriate. 

10 SEC. 105. RESEARCH AND DEVELOPMENT. 

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

12 with the Committee, shall— 

13 (1)(A) survey existing research and studies re14 lating to high-performance green buildings; and 

15 (B) coordinate activities of common interest; 

16 (2) develop and recommend a high-performance 

17 green building research plan that— 

18 (A) identifies information and research 

19 needs, including the relationships between 

20 health, occupant productivity, and each of— 

21 (i) pollutant emissions from materials 

22 and products in the building; 

23 (ii) natural day lighting; 

24 (iii) ventilation choices and tech25 nologies; 


bajohnson on PROD1PC77 with BILLS
16 

•S 3591 RS

1 (iv) heating, cooling, and system con2 trol choices and technologies; 

3 (v) moisture control and mold; 

4 (vi) maintenance, cleaning, and pest 

5 control activities; 

6 (vii) acoustics; and 

7 (viii) other issues relating to the 

8 health, comfort, productivity, and perform9 ance of occupants of the building; and 

10 (B) promotes the development and dissemi11 nation of high-performance green building 

12 measurement tools that, at a minimum, may be 

13 used— 

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

15 performance of facilities (including dem16 onstration projects) built as high-perform17 ance green buildings; and 

18 (ii) to perform life-cycle assessments; 

19 (3) assist the budget and life-cycle costing func20 tions of the Office under section 106; 

21 (4) study and identify potential benefits of 

22 green buildings relating to security, natural disaster, 

23 and emergency needs of the Federal Government; 

24 and 


bajohnson on PROD1PC77 with BILLS
17 

•S 3591 RS

1 (5) support other research initiatives deter2 mined by the Office. 

3 (b) INDOOR AIR QUALITY.—The Director, in con4 sultation with the Committee, shall develop and implement 

5 a comprehensive indoor air quality program for all Federal 

6 facilities to ensure the safety of Federal workers and facil7 ity occupants— 

8 (1) during new construction and renovation of 

9 facilities; and 

10 (2) in existing facilities. 

11 SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND CON12 TRACTING. 

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

14 with the Committee, shall— 

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

16 and contracting practices that affect achievement of 

17 high-performance green buildings, including the 

18 identification of barriers to green building life-cycle 

19 costing and budgetary issues; 

20 (2) develop guidance and conduct training ses21 sions with budget specialists and contracting per22 sonnel from Federal agencies and budget examiners 

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

24 (3) identify tools to aid life-cycle cost decision25 making; and 


bajohnson on PROD1PC77 with BILLS
18 

•S 3591 RS

1 (4) explore the feasibility of incorporating the 

2 benefits of green buildings, such as security benefits, 

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

4 for budget and decision making processes. 

5 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated to carry out 

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

8 2012, to remain available until expended. 

9 TITLE II—HEALTHY HIGH10 PERFORMANCE SCHOOLS 

11 SEC. 201. DEFINITIONS. 

12 In this title: 

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

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

15 the term ‘‘healthy, high-performance school build16 ing’’ in section 5586 of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 7277e). 

18 (2) LOCAL EDUCATIONAL AGENCY.—The term 

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

20 the term in section 9101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 7801). 

22 (3) STATE EDUCATIONAL AGENCY.—The term 

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

24 the term in section 9101 of the Elementary and Sec25 ondary Education Act of 1965 (20 U.S.C. 7801). 


bajohnson on PROD1PC77 with BILLS
19 

•S 3591 RS

1 SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 

2 (a) IN GENERAL.—The Administrator of the Envi3 ronmental Protection Agency, in consultation with the 

4 Secretary of Education and the Secretary of Health and 

5 Human Services, may provide grants to State and local 

6 educational agencies for use in— 

7 (1) providing technical assistance for programs 

8 of the Environmental Protection Agency (including 

9 the Tools for Schools Program and the Healthy 

10 School Environmental Assessment Tool) to schools 

11 for use in addressing environmental issues; and 

12 (2) development of State school environmental 

13 quality plans, in partnership with the Environmental 

14 Protection Agency, that include— 

15 (A) standards for healthy high-perform16 ance school building design, construction, and 

17 renovation; 

18 (B) identification of ongoing school build19 ing environmental problems in the State, in20 cluding assessment of information on the expo21 sure of children to environmental hazards in 

22 school facilities, as provided by the Adminis23 trator of the Environmental Protection Agency; 

24 (C) proposals for the systematic improve25 ment (including benchmarks and timelines) of 


bajohnson on PROD1PC77 with BILLS
20 

•S 3591 RS

1 environmental conditions in schools throughout 

2 the State, including— 

3 (i) school building siting, construction, 

4 and maintenance; 

5 (ii) indoor air quality; 

6 (iii) pest control; 

7 (iv) radon contamination; 

8 (v) lead contamination; 

9 (vi) environmentally preferable pur10 chasing of products for classroom instruc11 tion and for maintenance; 

12 (vii) hazard identification and remedi13 ation; and 

14 (viii) modes of transportation avail15 able to students and staff; 

16 (D) recommendations for improvements in 

17 the capacity of the State to track child and 

18 adult health complaints relating to schools; and 

19 (E) plans for operation as an emergency, 

20 self-sustaining evacuation center. 

21 (b) OTHER GRANTS.—The Administrator of the En22 vironmental Protection Agency may provide grants to 

23 qualified, nonprofit organizations to assist in community 

24 and public education on healthy school environments. 

25 (c) COST SHARING.— 


bajohnson on PROD1PC77 with BILLS
21 

•S 3591 RS

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

2 the cost of a project or activity carried out using 

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

4 exceed 90 percent. 

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

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

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

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

9 services. 

10 (d) GRANT PRIORITY.— 

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

12 this section for use in carrying out the program re13 ferred to in subsection (a)(1), the Administrator of 

14 the Environmental Protection Agency, in consulta15 tion with the Secretary of Education, shall give pri16 ority to school districts with need for environmental 

17 improvement as identified in the school environ18 mental plans described in this section. 

19 (2) RESPONSIBILITY OF SCHOOL DISTRICTS

20 AND STATE EDUCATIONAL AGENCIES.— 

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

22 years after the date of enactment of this Act, 

23 and annually thereafter, each school district 

24 that receives funds from the Administrator of 

25 the Environmental Protection Agency to carry 


bajohnson on PROD1PC77 with BILLS
22 

•S 3591 RS

1 out a program described in subsection (a) shall 

2 submit to the State educational agency with ju3 risdiction over the school district a report that 

4 includes— 

5 (i) a list of schools in the districts 

6 that, as of the date of the report, have ac7 cepted funds or other assistance from the 

8 Environmental Protection Agency for use 

9 in carrying out this section; and 

10 (ii) an overview of the impact of the 

11 funds, including— 

12 (I) general data regarding meas13 ures of student health and attendance 

14 rates before and after grant interven15 tion; and 

16 (II) descriptions of toxic or haz17 ardous cleaning, maintenance, or in18 structional products eliminated or re19 duced in use as part of the promotion 

20 or remediation of the indoor air qual21 ity of schools within the school dis22 trict; and 

23 (iii) basic information on the potential 

24 influence of other factors (such as the inVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
23 

•S 3591 RS

1 stallation of carpet and HVAC systems 

2 and similar activities) on air quality. 

3 (B) STATE EDUCATIONAL AGENCY RE4 PORTS.—Not later than 180 days after the date 

5 on which each State educational agency has re6 ceived the annual reports under subparagraph 

7 (A) from all participating school districts, the 

8 State educational agency shall submit to the 

9 Administrator of the Environmental Protection 

10 Agency and Congress a consolidated report of 

11 all information received from the school dis12 tricts. 

13 SEC. 203. FEDERAL GUIDELINES FOR SITING OF SCHOOL 

14 FACILITIES. 

15 The Administrator of the Environmental Protection 

16 Agency, in consultation with the Secretary of Education 

17 and the Secretary of Health and Human Services, shall 

18 develop school site selection guidelines that account for— 

19 (1) the special vulnerability of children to haz20 ardous substances or pollution exposures in any case 

21 in which the potential for contamination at a poten22 tial school site exists, as determined by the Adminis23 trator of the Environmental Protection Agency, in 

24 consultation with the Secretary of Education; 


bajohnson on PROD1PC77 with BILLS
24 

•S 3591 RS

1 (2) modes of transportation available to stu2 dents and staff; and 

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

4 an emergency shelter. 

5 SEC. 204. ENVIRONMENTAL HEALTH PROGRAM. 

6 (a) IN GENERAL.—The Administrator of the Envi7 ronmental Protection Agency, in consultation with the 

8 Secretary of Education, the Secretary of Health and 

9 Human Services, and other relevant agencies, shall issue 

10 guidelines for use by the State in developing and imple11 menting an environmental health program for schools 

12 that— 

13 (1) takes into account the status and findings 

14 of Federal research initiatives established under this 

15 Act and other relevant Federal law with respect to 

16 school facilities, including relevant updates on trends 

17 in the field, such as the impact of school facility en18 vironments on student and staff— 

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

20 (B) disabilities or special needs; 

21 (2) provides research using relevant tools iden22 tified or developed in accordance with section 105 to 

23 quantify the relationships between— 

24 (A) human health, occupant productivity, 

25 and student performance; and 


bajohnson on PROD1PC77 with BILLS
25 

•S 3591 RS

1 (B) with respect to school facilities, each 

2 of— 

3 (i) pollutant emissions from materials 

4 and products; 

5 (ii) natural day lighting; 

6 (iii) ventilation choices and tech7 nologies; 

8 (iv) heating and cooling choices and 

9 technologies; 

10 (v) moisture control and mold; 

11 (vi) maintenance, cleaning, and pest 

12 control activities; 

13 (vii) acoustics; and 

14 (viii) other issues relating to the 

15 health, comfort, productivity, and perform16 ance of occupants of the school facilities; 

17 (3) provides technical assistance on siting, de18 sign, management, and operation of school facilities, 

19 including facilities used by students with disabilities 

20 or special needs; 

21 (4) collaborates with federally funded pediatric 

22 environmental health centers to assist in on-site 

23 school environmental investigations; 


bajohnson on PROD1PC77 with BILLS
26 

•S 3591 RS

1 (5) assists States and the public in better un2 derstanding and improving the environmental health 

3 of children; and 

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

5 all activities carried out under this title, which the 

6 Director shall include in the report described in sec7 tion 102(c). 

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

9 to the maximum extent practicable, that the public clear10 inghouse established under section 104 receives and makes 

11 available— 

12 (1) information from the Administrator of the 

13 Environmental Protection Agency that is contained 

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

15 (2) information on the exposure of children to 

16 environmental hazards in school facilities, as pro17 vided by the Administrator of the Environmental 

18 Protection Agency. 

19 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated to carry out 

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

22 through 2012, to remain available until expended. 


bajohnson on PROD1PC77 with BILLS
27 

•S 3591 RS

1 TITLE III—STRENGTHENING 

2 FEDERAL LEADERSHIP 

3 SEC. 301. INCENTIVES. 

4 As soon as practicable after the date of enactment 

5 of this Act, the Director shall identify incentives to encour6 age the use of green buildings and related technology in 

7 the operations of the Federal Government, including 

8 through— 

9 (1) the provision of recognition awards; and 

10 (2) the maximum feasible retention of financial 

11 savings in the annual budgets of Federal agencies 

12 for use in reinvesting in future green building initia13 tives. 

14 SEC. 302. FEDERAL PROCUREMENT. 

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

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

17 of Federal Procurement Policy, in consultation with the 

18 Director and the Under Secretary of Defense for Acquisi19 tion, Technology, and Logistics, shall promulgate revisions 

20 of the applicable acquisition regulations, to take effect as 

21 of the date of promulgation of the revisions— 

22 (1) to direct any Federal procurement execu23 tives involved in the acquisition, construction, or 

24 major renovation (including contracting for the con25 struction or major renovation) of any facility— 


bajohnson on PROD1PC77 with BILLS
28 

•S 3591 RS

1 (A) to employ integrated design principles; 

2 (B) to improve site selection for environ3 mental and community benefits; 

4 (C) to optimize building and systems en5 ergy performance; 

6 (D) to protect and conserve water; 

7 (E) to enhance indoor environmental qual8 ity; and 

9 (F) to reduce environmental impacts of 

10 materials and waste flows; and 

11 (2) to direct Federal procurement executives in12 volved in leasing buildings, to give preference to the 

13 lease of facilities that— 

14 (A) are energy-efficient; and 

15 (B) to the maximum extent practicable, 

16 have applied contemporary high-performance 

17 and sustainable design principles during con18 struction or renovation. 

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

20 date of promulgation of the revised regulations under sub21 section (a), the Director shall issue guidance to all Federal 

22 procurement executives providing direction and instruc23 tions to renegotiate the design of proposed facilities, ren24 ovations for existing facilities, and leased facilities to inVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
29 

•S 3591 RS

1 corporate improvements that are consistent with this sec2 tion. 

3 SEC. 303. FEDERAL GREEN BUILDING PERFORMANCE. 

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

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

6 Act is enacted, and at such times thereafter as the Comp7 troller General of the United States determines to be ap8 propriate, the Comptroller General of the United States 

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

10 since the preceding report— 

11 (1) conduct an audit of the implementation of 

12 this Act; and 

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

14 Administrator, and Congress a report describing the 

15 results of the audit. 

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

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

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

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

20 issues, using best practices identified by the Comp21 troller General of the United States and heads of 

22 other agencies in accordance with section 106; 

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

24 the Office of Management and Budget, and relevant 

25 agencies; 


bajohnson on PROD1PC77 with BILLS
30 

•S 3591 RS

1 (3) the performance of the Office in carrying 

2 out the implementation plan; 

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

4 building measures; 

5 (5) high-performance building data that were 

6 collected and reported to the Office; and 

7 (6) such other matters as the Comptroller Gen8 eral of the United States determines to be appro9 priate. 

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

11 the Committee to enhance and assist the implementation 

12 of the Environmental Stewardship Scorecard announced 

13 at the White House Summit on Federal sustainable build14 ings in January 2006, to measure the implementation by 

15 each Federal agency of sustainable design and green 

16 building initiatives. 

17 TITLE IV—DEMONSTRATION 

18 PROJECT 

19 SEC. 401. COORDINATION OF GOALS. 

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

21 guidelines to implement a demonstration project to con22 tribute to the research goals of the Office. 

23 (b) PROJECTS.—In accordance with guidelines estab24 lished by the Director under subsection (a) and the duties 


bajohnson on PROD1PC77 with BILLS
31 

•S 3591 RS

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

2 out— 

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

4 1 demonstration project in a Federal building se5 lected by the Director in accordance with relevant 

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

7 (A) provides for the evaluation of the in8 formation obtained through the conduct of 

9 projects and activities under this Act; and 

10 (B) achieves a platinum rating, as defined 

11 by the Leadership in Energy and Environ12 mental Design Building Rating System stand13 ard established by the United States Green 

14 Building Council (or equivalent rating); and 

15 (2) no fewer than 4 demonstration projects at 

16 4 universities, that, as competitively selected by the 

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

18 have— 

19 (A) appropriate research resources and rel20 evant projects to meet the goals of the dem21 onstration project established by the Office; and 

22 (B) the ability— 

23 (i) to serve as a model for high-per24 formance green building initiatives, includ25 ing research and education; 


bajohnson on PROD1PC77 with BILLS
32 

•S 3591 RS

1 (ii) to identify the most effective ways 

2 to use high-performance green building 

3 and landscape technologies to engage and 

4 educate undergraduate and graduate stu5 dents; 

6 (iii) to effectively implement a high7 performance green building education pro8 gram for students and occupants; 

9 (iv) to demonstrate the effectiveness 

10 of various high-performance technologies in 

11 each of the 4 climatic regions of the 

12 United States described in subsection 

13 (c)(2)(B); and 

14 (v) to explore quantifiable and non15 quantifiable beneficial impacts on public 

16 health and employee and student perform17 ance. 

18 (c) CRITERIA.— 

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

20 existing or proposed Federal facility at which a dem21 onstration project under this section is conducted, 

22 the Federal facility shall— 

23 (A) be an appropriate model for a project 

24 relating to— 


bajohnson on PROD1PC77 with BILLS
33 

•S 3591 RS

1 (i) the effectiveness of high-perform2 ance technologies; 

3 (ii) analysis of materials, components, 

4 systems, and emergency operations in the 

5 building, and the impact of those mate6 rials, components, and systems, including 

7 the impact on the health of building occu8 pants; 

9 (iii) life-cycle costing and life-cycle as10 sessment of building materials and sys11 tems; and 

12 (iv) location and design that promote 

13 access to the Federal facility through walk14 ing, biking, and mass transit; and 

15 (B) possess sufficient technological and or16 ganizational adaptability. 

17 (2) UNIVERSITIES.—With respect to the 4 uni18 versities at which a demonstration project under this 

19 section is conducted— 

20 (A) the universities should be selected, 

21 after careful review of all applications received 

22 containing the required information, as deter23 mined by the Director, based on— 


bajohnson on PROD1PC77 with BILLS
34 

•S 3591 RS

1 (i) successful and established public2 private research and development partner3 ships; 

4 (ii) demonstrated capabilities to con5 struct or renovate buildings that meet high 

6 indoor environmental quality standards; 

7 (iii) organizational flexibility; 

8 (iv) technological adaptability; 

9 (v) the demonstrated capacity of at 

10 least 1 university to replicate lessons 

11 learned among nearby or sister univer12 sities, preferably by participation in groups 

13 or consortia that promote sustainability; 

14 (vi) the demonstrated capacity of at 

15 least 1 university to have officially-adopt16 ed, institution-wide ‘‘green building’’ guide17 lines for all campus building projects; and 

18 (vii) the demonstrated capacity of at 

19 least 1 university to have been recognized 

20 by similar institutions as a national leader 

21 in sustainability education and curriculum 

22 for students of the university; and 

23 (B) each university shall be located in a 

24 different climatic region of the United States, 


bajohnson on PROD1PC77 with BILLS
35 

•S 3591 RS

1 each of which regions shall have, as determined 

2 by the Office— 

3 (i) a hot, dry climate; 

4 (ii) a hot, humid climate; 

5 (iii) a cold climate; or 

6 (iv) a temperate climate (including a 

7 climate with cold winters and humid sum8 mers). 

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

10 of enactment of this Act, and annually thereafter through 

11 September 30, 2013— 

12 (1) the Director shall submit to the Adminis13 trator a report that describes the status of the dem14 onstration projects; and 

15 (2) each University at which a demonstration 

16 project under this section is conducted shall submit 

17 to the Administrator a report that describes the sta18 tus of the demonstration projects under this section. 

19 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) FEDERAL DEMONSTRATION PROJECT.—There is 

21 authorized to be appropriated to carry out the Federal 

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

23 $10,000,000 for the period of fiscal years 2008 through 

24 2013, to remain available until expended. 


bajohnson on PROD1PC77 with BILLS
36 

•S 3591 RS

1 (b) UNIVERSITY DEMONSTRATION PROJECTS.— 

2 There is authorized to be appropriated to carry out the 

3 university demonstration projects described in section 

4 401(b)(2) $10,000,000 for the period of fiscal years 2008 

5 through 2013, to remain available until expended. 

6 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

10 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. Definition of high-performance school. 

Sec. 202. Grants for healthy school environments. 

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

Sec. 204. Public outreach. 

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. 

11 SEC. 2. DEFINITIONS. 

12 In this Act: 


bajohnson on PROD1PC77 with BILLS
37 

•S 3591 RS

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of General Services. 

3 (2) COMMITTEE.—The term ‘‘Committee’’ means 

4 the Green Building Advisory Committee established 

5 under section 103(a). 

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

7 individual appointed to the position established under 

8 section 101(a). 

9 (4) FEDERAL FACILITY.— 

10 (A) IN GENERAL.—The term ‘‘Federal facil11 ity’’ means any building or facility the intended 

12 use of which requires the building or facility to 

13 be— 

14 (i) accessible to the public; and 

15 (ii) constructed or altered by or on be16 half of the United States. 

17 (B) EXCLUSIONS.—The term ‘‘Federal facil18 ity’’ does not include a privately-owned residen19 tial or commercial structure that is not leased by 

20 the Federal Government. 

21 (5) HIGH-PERFORMANCE GREEN BUILDING.—The 

22 term ‘‘high-performance green building’’ means a 

23 building— 

24 (A) that, during its life-cycle— 


bajohnson on PROD1PC77 with BILLS
38 

•S 3591 RS

1 (i) reduces energy, water, and material 

2 resource use and the generation of waste; 

3 (ii) improves indoor environmental 

4 quality, including protecting indoor air 

5 quality during construction, using low6 emitting materials, improving thermal com7 fort, and improving lighting and acoustic 

8 environments that affect occupant health 

9 and productivity; 

10 (iii) improves indoor and outdoor im11 pacts of the building on human health and 

12 the environment; 

13 (iv) increases the use of environ14 mentally preferable products, including 

15 biobased, recycled content, and nontoxic 

16 products with lower life-cycle impacts; 

17 (v) increases reuse and recycling op18 portunities; and 

19 (vi) integrates systems in the building; 

20 and 

21 (B) for which, during its planning, design, 

22 and construction, the environmental and energy 

23 impacts of building location and site design are 

24 considered. 


bajohnson on PROD1PC77 with BILLS
39 

•S 3591 RS

1 (6) LIFE CYCLE.—The term ‘‘life cycle’’, with re2 spect to a high-performance green building, means all 

3 stages of the useful life of the building (including com4 ponents, equipment, systems, and controls of the 

5 building) beginning at conception of a green building 

6 project and continuing through site selection, design, 

7 construction, landscaping, commissioning, operation, 

8 maintenance, renovation, deconstruction or demoli9 tion, removal, and recycling of the green building. 

10 (7) LIFE-CYCLE ASSESSMENT.—The term ‘‘life11 cycle assessment’’ means a comprehensive system ap12 proach for measuring the environmental performance 

13 of a product or service over the life of the product or 

14 service, beginning at raw materials acquisition and 

15 continuing through manufacturing, transportation, 

16 installation, use, reuse, and end-of-life waste manage17 ment. 

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

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

20 building, means a technique of economic evaluation 

21 that— 

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

23 costs of initial investment (less resale value), re24 placements, operations (including energy use), 


bajohnson on PROD1PC77 with BILLS
40 

•S 3591 RS

1 and maintenance and repair of an investment 

2 decision; and 

3 (B) is expressed— 

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

5 of a study period equivalent to the longest 

6 useful life of the building, determined by 

7 taking into consideration the typical life of 

8 such a building in the area in which the 

9 building is to be located; or 

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

11 of any other study period. 

12 (9) OFFICE.—The term ‘‘Office’’ means the Office 

13 of High-Performance Green Buildings established 

14 under section 102(a). 

15 TITLE I—OFFICE OF HIGH-PER16 FORMANCE GREEN BUILD17 INGS 

18 SEC. 101. OVERSIGHT. 

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

20 within the General Services Administration, and appoint 

21 an individual to serve as Director in, a position in the ca22 reer-reserved Senior Executive service, to— 

23 (1) establish and manage the Office in accord24 ance with section 102; and 


bajohnson on PROD1PC77 with BILLS
41 

•S 3591 RS

1 (2) carry out other duties as required under this 

2 Act. 

3 (b) COMPENSATION.—The compensation of the Direc4 tor shall not exceed the maximum rate of basic pay for the 

5 Senior Executive Service under section 5382 of title 5, 

6 United States Code, including any applicable locality-based 

7 comparability payment that may be authorized under sec8 tion 5304(h)(2)(C) of that title. 

9 SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN BUILD10 INGS. 

11 (a) ESTABLISHMENT.—The Director shall establish 

12 within the General Services Administration an Office of 

13 High-Performance Green Buildings. 

14 (b) DUTIES.—The Director shall— 

15 (1) ensure full coordination of high-performance 

16 green building information and activities within the 

17 General Services Administration and all relevant 

18 Federal agencies, including, at a minimum— 

19 (A) the Environmental Protection Agency; 

20 (B) the Office of the Federal Environmental 

21 Executive; 

22 (C) the Office of Federal Procurement Pol23 icy; 

24 (D) the Department of Energy; 


bajohnson on PROD1PC77 with BILLS
42 

•S 3591 RS

1 (E) the Department of Health and Human 

2 Services; 

3 (F) the Department of Defense; and 

4 (G) such other Federal agencies as the Di5 rector considers to be appropriate; 

6 (2) establish a senior-level green building advi7 sory committee, which shall provide advice and rec8 ommendations in accordance with section 103; 

9 (3) identify and biennially reassess improved or 

10 higher rating standards recommended by the Com11 mittee; 

12 (4) establish a national high-performance green 

13 building clearinghouse in accordance with section 

14 104, which shall provide green building information 

15 through— 

16 (A) outreach; 

17 (B) education; and 

18 (C) the provision of technical assistance; 

19 (5) ensure full coordination of research and de20 velopment information relating to high-performance 

21 green building initiatives under section 105; 

22 (6) identify and develop green building stand23 ards that could be used for all types of Federal facili24 ties in accordance with section 105; 


bajohnson on PROD1PC77 with BILLS
43 

•S 3591 RS

1 (7) establish green practices that can be used 

2 throughout the life of a Federal facility; 

3 (8) review and analyze current Federal budget 

4 practices and life-cycle costing issues, and make rec5 ommendations to Congress, in accordance with section 

6 106; and 

7 (9) complete and submit the report described in 

8 subsection (c). 

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

10 enactment of this Act, and biennially thereafter, the Direc11 tor shall submit to Congress a report that— 

12 (1) describes the status of the green building ini13 tiatives under this Act and other Federal programs in 

14 effect as of the date of the report, including— 

15 (A) the extent to which the programs are 

16 being carried out in accordance with this Act; 

17 and 

18 (B) the status of funding requests and ap19 propriations for those programs; 

20 (2) identifies within the planning, budgeting, 

21 and construction process all types of Federal facility 

22 procedures that inhibit new and existing Federal fa23 cilities from becoming high-performance green build24 ings as measured by— 


bajohnson on PROD1PC77 with BILLS
44 

•S 3591 RS

1 (A) a silver rating, as defined by the Lead2 ership in Energy and Environmental Design 

3 Building Rating System standard established by 

4 the United States Green Building Council (or an 

5 equivalent rating obtained through a comparable 

6 system); or 

7 (B) an improved or higher rating standard, 

8 as identified by the Committee; 

9 (3) identifies inconsistencies, as reported to the 

10 Committee, in Federal law with respect to product ac11 quisition guidelines and high-performance product 

12 guidelines; 

13 (4) recommends language for uniform standards 

14 for use by Federal agencies in environmentally re15 sponsible acquisition; 

16 (5) in coordination with the Office of Manage17 ment and Budget, reviews the budget process for cap18 ital programs with respect to alternatives for— 

19 (A) restructuring of budgets to recommend 

20 the use of complete energy- and environmental21 cost accounting; 

22 (B) using operations expenditures in budg23 et-related decisions while simultaneously incor24 porating productivity and health measures (as 

25 those measures can be quantified by the Office, 


bajohnson on PROD1PC77 with BILLS
45 

•S 3591 RS

1 with the assistance of universities and national 

2 laboratories); 

3 (C) permitting Federal agencies to retain 

4 all identified savings accrued as a result of the 

5 use of life cycle costing; and 

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

7 savings that accrue from high-performance green 

8 buildings, including those relating to health and 

9 productivity; 

10 (6) identifies green, self-sustaining technologies 

11 to address the operational needs of Federal facilities 

12 in times of national security emergencies, natural dis13 asters, or other dire emergencies; 

14 (7) summarizes and highlights development, at 

15 the State and local level, of green building initiatives, 

16 including Executive orders, policies, or laws adopted 

17 promoting green building (including the status of im18 plementation of those initiatives); and 

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

20 report, recommendations to address each of the mat21 ters, and a plan for implementation of each rec22 ommendation, described in paragraphs (1) through 

23 (6). 


bajohnson on PROD1PC77 with BILLS
46 

•S 3591 RS

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

2 each plan for implementation of recommendations under 

3 subsection (c)(7). 

4 SEC. 103. GREEN BUILDING ADVISORY COMMITTEE. 

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

6 the date of enactment of this Act, the Director shall establish 

7 an advisory committee, to be known as the ‘‘Green Building 

8 Advisory Committee’’. 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Committee shall be com11 posed of representatives of, at a minimum— 

12 (A) each agency referred to in section 

13 102(b)(1); and 

14 (B) other relevant agencies and entities, as 

15 determined by the Director, including at least 1 

16 representative of each of— 

17 (i) State and local governmental green 

18 building programs; 

19 (ii) independent green building asso20 ciations or councils; 

21 (iii) building experts, including archi22 tects, material suppliers, and construction 

23 contractors; 


bajohnson on PROD1PC77 with BILLS
47 

•S 3591 RS

1 (iv) security advisors focusing on na2 tional security needs, natural disasters, and 

3 other dire emergency situations; and 

4 (v) environmental health experts, in5 cluding those with experience in children’s 

6 health. 

7 (2) NON-FEDERAL MEMBERS.—The total number 

8 of non-Federal members on the Committee at any 

9 time shall not exceed 15. 

10 (c) MEETINGS.—The Director shall establish a regular 

11 schedule of meetings for the Committee. 

12 (d) DUTIES.—The Committee shall provide advice and 

13 expertise for use by the Director in carrying out the duties 

14 under this Act, including such recommendations relating 

15 to Federal activities carried out under sections 104 through 

16 106 as are agreed to by a majority of the members of the 

17 Committee. 

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

19 subject to section 14 of the Federal Advisory Committee Act 

20 (5 U.S.C. App.). 

21 SEC. 104. PUBLIC OUTREACH. 

22 The Director, in coordination with the Committee, 

23 shall carry out public outreach to inform individuals and 

24 entities of the information and services available Govern25 ment-wide by— 


bajohnson on PROD1PC77 with BILLS
48 

•S 3591 RS

1 (1) establishing and maintaining a national 

2 high-performance green building clearinghouse, in3 cluding on the Internet, that— 

4 (A) identifies existing similar efforts and 

5 coordinates activities of common interest; and 

6 (B) provides information relating to high7 performance green buildings, including 

8 hyperlinks to Internet sites that describe related 

9 activities, information, and resources of— 

10 (i) the Federal Government; 

11 (ii) State and local governments; 

12 (iii) the private sector (including non13 governmental and nonprofit entities and or14 ganizations); and 

15 (iv) other relevant organizations, in16 cluding those from other countries; 

17 (2) identifying and recommending educational 

18 resources for implementing high-performance green 

19 building practices, including security and emergency 

20 benefits and practices; 

21 (3) providing access to technical assistance on 

22 using tools and resources to make more cost-effective, 

23 energy-efficient, health-protective, and environ24 mentally beneficial decisions for constructing highVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
49 

•S 3591 RS

1 performance green buildings, including tools available 

2 to conduct life-cycle costing and life-cycle assessment; 

3 (4) providing information on application proc4 esses for certifying a high-performance green building, 

5 including certification and commissioning; 

6 (5) providing technical information, market re7 search, or other forms of assistance or advice that 

8 would be useful in planning and constructing high9 performance green buildings; and 

10 (6) using such other methods as are determined 

11 by the Director to be appropriate. 

12 SEC. 105. RESEARCH AND DEVELOPMENT. 

13 The Director, in coordination with the Committee, 

14 shall— 

15 (1)(A) survey existing research and studies relat16 ing to high-performance green buildings; and 

17 (B) coordinate activities of common interest; 

18 (2) develop and recommend a high-performance 

19 green building research plan that— 

20 (A) identifies information and research 

21 needs, including the relationships between 

22 human health, occupant productivity, and each 

23 of— 

24 (i) emissions from materials and prod25 ucts in the building; 


bajohnson on PROD1PC77 with BILLS
50 

•S 3591 RS

1 (ii) natural day lighting; 

2 (iii) ventilation choices and tech3 nologies; 

4 (iv) heating, cooling, and system con5 trol choices and technologies; 

6 (v) moisture control and mold; 

7 (vi) maintenance, cleaning, and pest 

8 control activities; 

9 (vii) acoustics; and 

10 (viii) other issues relating to the 

11 health, comfort, productivity, and perform12 ance of occupants of the building; and 

13 (B) promotes the development and dissemi14 nation of high-performance green building meas15 urement tools that, at a minimum, may be 

16 used— 

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

18 performance of facilities (including dem19 onstration projects) built as high-perform20 ance green buildings; and 

21 (ii) to perform life-cycle assessments; 

22 (3) assist the budget and life-cycle costing func23 tions of the Office under section 106; 


bajohnson on PROD1PC77 with BILLS
51 

•S 3591 RS

1 (4) study and identify potential benefits of green 

2 buildings relating to security, natural disaster, and 

3 emergency needs of the Federal Government; and 

4 (5) support other research initiatives determined 

5 by the Office. 

6 SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND CON7 TRACTING. 

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

9 with the Committee, shall— 

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

11 and contracting practices that affect achievement of 

12 high-performance green buildings, including the iden13 tification of barriers to green building life-cycle cost14 ing and budgetary issues; 

15 (2) develop guidance and conduct training ses16 sions with budget specialists and contracting per17 sonnel from Federal agencies and budget examiners to 

18 apply life-cycle cost criteria to actual projects; 

19 (3) identify tools to aid life-cycle cost decision20 making; and 

21 (4) explore the feasibility of incorporating the 

22 benefits of green buildings, such as security benefits, 

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

24 for budget and decision making processes. 


bajohnson on PROD1PC77 with BILLS
52 

•S 3591 RS

1 SEC. 107. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this title $3,000,000 for each of fiscal years 2008 through 

4 2012, to remain available until expended. 

5 TITLE II—HEALTHY HIGH6 PERFORMANCE SCHOOLS 

7 SEC. 201. DEFINITION OF HIGH-PERFORMANCE SCHOOL. 

8 In this title, the term ‘‘high-performance school’’ has 

9 the meaning given the term ‘‘healthy, high-performance 

10 school building’’ in section 5586 of the Elementary and Sec11 ondary Education Act of 1965 (20 U.S.C. 7277e). 

12 SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS. 

13 The Administrator of the Environmental Protection 

14 Agency, in consultation with the Secretary of Education, 

15 may provide grants to qualified State agencies for use in— 

16 (1) providing technical assistance for programs 

17 of the Environmental Protection Agency (including 

18 the Tools for Schools Program and the Healthy School 

19 Environmental Assessment Tool) to schools for use in 

20 addressing environmental issues; and 

21 (2) development of State school environmental 

22 quality plans that include— 

23 (A) standards for school building design, 

24 construction, and renovation; and 

25 (B) identification of ongoing school building 

26 environmental problems in the State and recVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
53 

•S 3591 RS

1 ommended solutions to address those problems, 

2 including assessment of information on the expo3 sure of children to environmental hazards in 

4 school facilities. 

5 SEC. 203. MODEL GUIDELINES FOR SITING OF SCHOOL FA6 CILITIES. 

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 de10 velop 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; 

15 (2) modes of transportation available to students 

16 and staff; and 

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

18 emergency shelter. 

19 SEC. 204. PUBLIC OUTREACH. 

20 (a) IN GENERAL.—The Administrator of the Environ21 mental Protection Agency shall provide to the Director in22 formation relating to all activities carried out under this 

23 title, which the Director shall include in the report described 

24 in section 102(c). 


bajohnson on PROD1PC77 with BILLS
54 

•S 3591 RS

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

2 the maximum extent practicable, that the public clearing3 house established under section 104 receives and makes 

4 available information on the exposure of children to envi5 ronmental hazards in school facilities, as provided by the 

6 Administrator of the Environmental Protection Agency. 

7 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to carry out 

9 this title $5,000,000 for the period of fiscal years 2008 

10 through 2012, to remain available until expended. 

11 TITLE III—STRENGTHENING 

12 FEDERAL LEADERSHIP 

13 SEC. 301. INCENTIVES. 

14 As soon as practicable after the date of enactment of 

15 this Act, the Director shall identify incentives to encourage 

16 the use of green buildings and related technology in the op17 erations of the Federal Government, including through— 

18 (1) the provision of recognition awards; and 

19 (2) the maximum feasible retention of financial 

20 savings in the annual budgets of Federal agencies. 

21 SEC. 302. FEDERAL PROCUREMENT. 

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

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

24 Federal Procurement Policy, in consultation with the Di25 rector and the Under Secretary of Defense for Acquisition, 


bajohnson on PROD1PC77 with BILLS
55 

•S 3591 RS

1 Technology, and Logistics, shall promulgate revisions of the 

2 applicable acquisition regulations, to take effect as of the 

3 date of promulgation of the revisions— 

4 (1) to direct any Federal procurement executives 

5 involved in the acquisition, construction, or major 

6 renovation (including contracting for the construction 

7 or major renovation) of any facility, to the maximum 

8 extent practicable— 

9 (A) to employ integrated design principles; 

10 (B) to optimize building and systems en11 ergy performance; 

12 (C) to protect and conserve water; 

13 (D) to enhance indoor environmental qual14 ity; and 

15 (E) to reduce environmental impacts of ma16 terials and waste flows; and 

17 (2) to direct Federal procurement executives in18 volved in leasing buildings, to give preference to the 

19 lease of facilities that, to the maximum extent prac20 ticable— 

21 (A) are energy-efficient; and 

22 (B) have applied contemporary high-per23 formance and sustainable design principles dur24 ing construction or renovation. 


bajohnson on PROD1PC77 with BILLS
56 

•S 3591 RS

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

2 of promulgation of the revised regulations under subsection 

3 (a), the Director shall issue guidance to all Federal procure4 ment executives providing direction and the option to re5 negotiate the design of proposed facilities, renovations for 

6 existing facilities, and leased facilities to incorporate im7 provements that are consistent with this section. 

8 SEC. 303. FEDERAL GREEN BUILDING PERFORMANCE. 

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

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

11 Act is enacted, and at such times thereafter as the Comp12 troller General of the United States determines to be appro13 priate, the Comptroller General of the United States shall, 

14 with respect to the fiscal years that have passed since the 

15 preceding report— 

16 (1) conduct an audit of the implementation of 

17 this Act; and 

18 (2) submit to the Office, the Committee, the Ad19 ministrator, and Congress a report describing the re20 sults of the audit. 

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

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

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

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

25 issues, using best practices identified by the CompVerDate Aug 31 2005 00:55 Nov 14, 2006 Jkt 059200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\S3591.RS S3591

bajohnson on PROD1PC77 with BILLS
57 

•S 3591 RS

1 troller General of the United States and heads of other 

2 agencies in accordance with section 106; 

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

4 the Office of Management and Budget, and relevant 

5 agencies; 

6 (3) the performance of the Office in carrying out 

7 the implementation plan; 

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

9 building measures; 

10 (5) high-performance building data that were 

11 collected and reported to the Office; and 

12 (6) such other matters as the Comptroller Gen13 eral of the United States determines to be appro14 priate. 

15 (c) ENVIRONMENTAL STEWARDSHIP SCORECARD.— 

16 The Director shall consult with the Committee to enhance, 

17 and assist in the implementation of, the Environmental 

18 Stewardship Scorecard announced at the White House sum19 mit on Federal sustainable buildings in January 2006, to 

20 measure the implementation by each Federal agency of sus21 tainable design and green building initiatives. 


bajohnson on PROD1PC77 with BILLS
58 

•S 3591 RS

1 TITLE IV—DEMONSTRATION 

2 PROJECT 

3 SEC. 401. COORDINATION OF GOALS. 

4 (a) IN GENERAL.—The Director shall establish guide5 lines to implement a demonstration project to contribute 

6 to the research goals of the Office. 

7 (b) PROJECTS.—In accordance with guidelines estab8 lished by the Director under subsection (a) and the duties 

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

10 out a demonstration project, in a Federal building in the 

11 State of Vermont in accordance with subsection (c), that— 

12 (1) provides for the evaluation of the information 

13 obtained through the conduct of projects and activities 

14 under this Act; and 

15 (2) achieves a platinum rating, as defined by the 

16 Leadership in Energy and Environmental Design 

17 Building Rating System standard established by the 

18 United States Green Building Council (or an equiva19 lent rating obtained through a comparable system). 

20 (c) CRITERIA.—With respect to the existing or pro21 posed Federal facility at which a demonstration project 

22 under this section is conducted, the Federal facility shall— 

23 (1) be an appropriate model for a project relat24 ing to— 


bajohnson on PROD1PC77 with BILLS
59 

•S 3591 RS

1 (A) the effectiveness of high-performance 

2 technologies; 

3 (B) analysis of materials, components, and 

4 systems, including the impact on the health of 

5 building occupants; 

6 (C) life-cycle costing and life-cycle assess7 ment of building materials and systems; and 

8 (D) location and design that promote access 

9 to the Federal facility through walking, biking, 

10 and mass transit; and 

11 (2) possess sufficient technological and organiza12 tional adaptability. 

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

14 enactment of this Act, and annually thereafter through Sep15 tember 30, 2013, the Director shall submit to the Adminis16 trator a report that describes the status of and findings re17 garding the demonstration project. 

18 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated to carry out 

20 the Federal demonstration project described in section 

21 401(b) $5,000,000 for the period of fiscal years 2008 

22 through 2012, to remain available until expended. 


bajohnson on PROD1PC77 with BILLS
Calendar No. 660 

109TH CONGRESS 

2D SESSION S. 3591 

[Report No. 109

–358] 

A BILL 

To improve efficiency in the Federal Government 

ings, and for other purposes. through the use of high-performance green buildNOVEMBER 13, 2006 

Reported with an amendment 


bajohnson on PROD1PC77 with BILLS