I 

111TH CONGRESS 

1ST SESSION H. R. 292 

To improve energy and water efficiencies and conservation throughout the 

Department of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. BUYER (for himself, Mr. MICHAUD, Mr. WALZ, Mr. BROWN of South 

Carolina, Mr. BILIRAKIS, Mr. BOOZMAN, Mr. LAMBORN, Mr. HARE, Mr. 

BUCHANAN, and Mr. MILLER of Florida) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve energy and water efficiencies and conservation 

throughout the Department of Veterans Affairs, 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 ‘‘Department of Veterans Affairs Energy Sustainability 

6 Act of 2009’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Department of Veteran Affairs Sustainability Program. 

Sec. 3. Database on energy and water usage and expenditures. 

Sec. 4. Annual energy usage audit requirements. 

Sec. 5. Office of Energy Management. 

Sec. 6. Advisory Committee on Energy Management and Sustainability. 

Sec. 7. Compliance with Executive Order 13423 and Department of Veterans 

Affairs Directive 0055. 

Sec. 8. Report on installation of fueling stations for alternative fuels. 

Sec. 9. Installation of energy efficient and renewable energy systems in Department buildings. 

Sec. 10. Use of electrical sub-metering of buildings of the Department of Veterans Affairs. 

Sec. 11. Energy Star acquisition requirements. 

Sec. 12. Grants for adaptive housing to encourage use of high efficiency systems and products and other energy reduction items. 

Sec. 13. Grants for adaptive vehicles to encourage purchase of alternative fuel 

vehicles. 

Sec. 14. Study on water and energy consumption by National Cemetery Administration. 

Sec. 15. Use by Department of Veterans Affairs of expertise of the national 

laboratories regarding energy and water efficient technologies. 

Sec. 16. Pilot program for the sale of air pollution emission reduction incentives 

and retention of proceeds from sales. 

Sec. 17. Submission of reports to Congress by Secretary of Veterans Affairs in 

electronic form. 

3 SEC. 2. DEPARTMENT OF VETERAN AFFAIRS SUSTAIN4 ABILITY PROGRAM. 

5 (a) SUSTAINABILITY PROGRAM.—Not later than two 

6 years after the date of the enactment of this Act, the Sec7 retary of Veterans Affairs shall implement a comprehen8 sive program (to be known as the ‘‘Energy Sustainability 

9 Program’’) throughout the Department of Veterans Af10 fairs for the purpose of using resources in a manner so 

11 that the resources are used in a manner that minimizes 

12 consumption and encourages the use of alternative sources 


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1 of energy while still meeting the responsibilities of the De2 partment. 

3 (b) GOALS OF PROGRAM.—The goals of the Sustain4 ability Program are— 

5 (1) to reduce overall energy consumption by the 

6 Department of Veterans Affairs, per unit of measure 

7 determined by the Secretary of Veterans Affairs; 

8 (2) to reduce overall water usage by each of the 

9 Veterans Health Administration, National Cemetery 

10 Administration, and Veterans Benefits Administra11 tion, per unit of measure determined by the Sec12 retary; 

13 (3) to reduce the non-bio hazard and non-toxic 

14 waste stream generated by activities of the Depart15 ment; 

16 (4) to increase, whenever appropriate, the use 

17 of products that promote and support an integrated 

18 approach to sustainability; and 

19 (5) to cooperate to the maximum extent pos20 sible with State and local jurisdictions in matters of 

21 sustainability. 

22 (c) OUTREACH.—The Secretary of Veterans Affairs 

23 shall take immediate action to inform all personnel of the 

24 Department of Veterans Affairs about the need for the 


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1 Sustainability Program and its goals and to encourage 

2 feedback from Department personnel. 

3 (d) MANAGEMENT ORGANIZATION.—Not later than 

4 90 days after the date of the enactment of this Act, the 

5 Secretary of Veterans Affairs shall establish a manage6 ment organization, to be led by the Assistant Secretary 

7 for Management, to develop the Sustainability Program. 

8 To assist the management organization, the Secretary 

9 shall appoint an advisory committee, to be comprised of 

10 Government employees, private persons, and industry offi11 cials with experience and expertise in developing sustain12 ability programs. 

13 (e) STRATEGIC PLAN.— 

14 (1) PLAN REQUIRED.—As part of the Energy 

15 Sustainability Program, the Secretary of Veterans 

16 Affairs shall develop a strategic plan for energy sus17 tainability for the Department of Veterans Affairs. 

18 (2) REPORT TO CONGRESS.—Not later than 

19 180 days after the date of the enactment of this Act, 

20 the Secretary shall submit to Congress a report on 

21 the progress made by the Secretary in developing 

22 the plan required by subsection (a). 


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1 SEC. 3. DATABASE ON ENERGY AND WATER USAGE AND EX2 PENDITURES. 

3 (a) DATABASE REQUIRED.—The Secretary of Vet4 erans Affairs shall establish and maintain a database to 

5 track and report on energy and water expenditures by the 

6 Department of Veterans Affairs. The database will provide 

7 a baseline to compare changes in Department energy and 

8 water expenditures. 

9 (b) DATABASE CATEGORIES.—At a minimum in 

10 maintaining the database, the Secretary of Veterans Af11 fairs shall maintain summary statistics by facility type, 

12 major census region, size and age of facility, and energy 

13 and water source. In the case of health care facilities, the 

14 Secretary shall use subcategories of inpatient, outpatient, 

15 nursing home, and domiciliary care. Data on energy 

16 sources shall include the percentage of energy supplied by 

17 petroleum, natural gas, coal, and alternative energy. 

18 SEC. 4. ANNUAL ENERGY USAGE AUDIT REQUIREMENTS. 

19 (a) BASELINE.— 

20 (1) ESTABLISHMENT.—Not later than Sep21 tember 30, 2010, the Secretary of Veterans Affairs 

22 shall complete an audit of energy usage by the De23 partment of Veterans Affairs during fiscal year 

24 2010. 

25 (2) SUBMISSION.—Not later than March 30, 

26 2011, the Secretary shall submit to Congress, in 


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1 electronic form, a report containing the results of 

2 the energy audit. 

3 (3) USE.—The energy audit shall serve as a 

4 baseline for the Sustainability Program required by 

5 section 2 and identify the potential impact of the 

6 Sustainability Program on the budget of the Depart7 ment of Veterans Affairs. 

8 (b) ANNUAL ENERGY AUDIT UPDATE AND RE9 PORT.—As part of the annual report required to be sub10 mitted under section 546(e)(b) of title 38, United States 

11 Code, as added by section 5, the Secretary shall include 

12 a report comparing energy usage by the Department of 

13 Veterans Affairs during the last fiscal year that ended be14 fore the submission of the report to the fiscal year 2010 

15 baseline. 

16 SEC. 5. OFFICE OF ENERGY MANAGEMENT. 

17 (a) ESTABLISHMENT OF OFFICE.—Chapter 3 of title 

18 38, United States Code, is amended by adding at the end 

19 the following new section: 

20 ‘‘§ 323. Office of Energy Management 

21 ‘‘(a) ESTABLISHMENT.—There is in the Department 

22 an Office of Energy Management. 

23 ‘‘(b) HEAD.—There is at the head of the Office a Di24 rector, who shall be a Deputy Assistant Secretary. The 


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1 Director reports directly to the Assistant Secretary for 

2 Management. 

3 ‘‘(c) RESPONSIBILITIES.—The Director is responsible 

4 for— 

5 ‘‘(1) the formulation of policy and planning re6 lated to, and the implementation of, energy manage7 ment programs of the Department; and 

8 ‘‘(2) the monitoring of Department compliance 

9 with— 

10 ‘‘(A) Executive Orders, Department Direc11 tives, and statutory requirements relating to en12 ergy management; 

13 ‘‘(B) Department energy audits; and 

14 ‘‘(C) reporting requirements to Congress 

15 relating to the Department energy policies; and 

16 ‘‘(3) serving as the chair of the Advisory Com17 mittee on Energy Management and Sustainability 

18 under section 546 of this title. 

19 ‘‘(d) STAFF AND SUPPORT.—The Office shall employ 

20 a sufficient number of personnel as are necessary to carry 

21 out the responsibilities of the Office. The Secretary shall 

22 ensure that the Office is furnished sufficient resources in 

23 addition to personnel to enable the Office to carry out its 

24 responsibilities in a timely manner.’’. 


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1 (b) INCREASE IN MAXIMUM NUMBER OF DEPUTY

2 ASSISTANT SECRETARIES.—Section 308(d)(1) of such 

3 title is amended by striking ‘‘not exceeding 19’’ and insert4 ing ‘‘not exceeding 20’’. 

5 (c) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by adding 

7 at the end the following new item: 

‘‘323. Office of Energy Management.’’. 

8 SEC. 6. ADVISORY COMMITTEE ON ENERGY MANAGEMENT 

9 AND SUSTAINABILITY. 

10 (a) ESTABLISHMENT.—Chapter 5 of title 38, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 547. Advisory Committee on Energy Management 

14 and Sustainability 

15 ‘‘(a) ESTABLISHMENT.—There is in the Department 

16 the Advisory Committee on Energy Management and Sus17 tainability (hereinafter in this section referred to as the 

18 ‘Committee’). The chair of the Committee is the Director 

19 of the Office of Energy Management under section 321 

20 of this title. 

21 ‘‘(b) MEMBERSHIP.—(1) The Committee shall consist 

22 of members appointed by the Secretary from the general 

23 public, including— 


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1 ‘‘(A) individuals who are recognized authorities 

2 in fields pertinent to energy management and sus3 tainability; and 

4 ‘‘(B) representatives of industries relating to 

5 energy management and sustainability. 

6 ‘‘(2) The Committee shall include, as ex officio mem7 bers, the following: 

8 ‘‘(A) The Under Secretary for Health, or the 

9 Under Secretary’s designee. 

10 ‘‘(B) The Under Secretary for Benefits, or the 

11 Under Secretary’s designee. 

12 ‘‘(C) The Under Secretary for Memorial Af13 fairs, or the Under Secretary’s designee 

14 ‘‘(D) The Assistant Secretary for Management, 

15 or the Assistant Secretary’s designee. 

16 ‘‘(E) The Chief Information Officer, or the 

17 Chief Information Officer’s designee. 

18 ‘‘(F) Such other officers of the Department as 

19 the Secretary considers appropriate. 

20 ‘‘(3) The Secretary shall ensure that the members of 

21 the Committee have expertise in the areas covered by the 

22 memorandum of understanding entitled ‘Federal Leader23 ship in High Performance and Sustainable Buildings’ en24 tered into on March 6, 2006, as in effect on the date of 

25 the enactment of this section, namely— 


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1 ‘‘(A) employment of integrated design prin2 ciples; 

3 ‘‘(B) optimization of energy performance; 

4 ‘‘(C) protection and conservation of water; 

5 ‘‘(D) enhancement of indoor environmental 

6 quality; and 

7 ‘‘(E) reduction of the environmental impact of 

8 materials. 

9 ‘‘(4) The Secretary shall determine the number, 

10 terms of service, and pay and allowances of members of 

11 the Committee appointed by the Secretary, except that a 

12 term of service of any such member may not exceed three 

13 years. The Secretary may reappoint any such member for 

14 additional terms of service. 

15 ‘‘(c) RESPONSIBILITIES.—(1) The Committee shall 

16 provide advice, coordination, and recommendations related 

17 to the implementation of the sustainability construction 

18 projects for the Department of Veterans Affairs. 

19 ‘‘(d) CONSULTATION.—(1) The Secretary shall, on a 

20 regular basis, consult with and seek the advice of the Com21 mittee with respect to the implementation of energy and 

22 sustainability programs at the Department. 

23 ‘‘(2) In providing advice to the Secretary under this 

24 subsection, the Committee shall— 


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1 ‘‘(A) assemble and review information relating 

2 to the needs of the Department as part of a whole 

3 sustainability and energy savings program; 

4 ‘‘(B) provide an assessment of the effectiveness 

5 of the policies, organizational structures, and serv6 ices of the Department’s sustainability program; and 

7 ‘‘(C) provide on-going advice on the most ap8 propriate means of responding to additional energy 

9 and sustainability requirements as may be imposed 

10 upon the Department through additional Acts of 

11 Congress, or through Presidential Executive Orders 

12 for each of the Department’s business lines. 

13 ‘‘(e) ANNUAL REPORTS.—(1) Not later than Decem14 ber 31 of each year, the Committee shall submit to the 

15 Secretary an electronic report on the programs and activi16 ties of the Department relating to sustainability programs 

17 and energy efficiency programs developed by the Depart18 ment. Each such report shall include— 

19 ‘‘(A) an assessment of the needs of each of the 

20 Department’s business lines to enhance sustain21 ability programs within each administration; 

22 ‘‘(B) a review of the programs and activities of 

23 the Department designed to meet such needs; and 


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1 ‘‘(C) such recommendations (including rec2 ommendations for administrative and legislative ac3 tion) as the Committee considers appropriate. 

4 ‘‘(2) Not later than 90 days after receipt of a report 

5 under paragraph (1), the Secretary shall transmit elec6 tronically to the Committees on Veterans’ Affairs of the 

7 Senate and House of Representatives a copy of the report, 

8 together with any comments and recommendations con9 cerning the report that the Secretary considers appro10 priate. 

11 ‘‘(3) The Committee may also submit to the Sec12 retary such other reports and recommendations as the 

13 Committee considers appropriate. 

14 ‘‘(4) The Secretary shall submit with each annual re15 port submitted to the Congress pursuant to section 529 

16 of this title a summary of all reports and recommendations 

17 of the Committee submitted to the Secretary since the pre18 vious annual report of the Secretary submitted pursuant 

19 to that section. 

20 ‘‘(f) APPLICABILITY OF FEDERAL ADVISORY COM21 MITTEE ACT.—(1) Except as provided in paragraph (2), 

22 the provisions of the Federal Advisory Committee Act (5 

23 U.S.C. App.) shall apply to the activities of the Committee 

24 under this section. 


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1 ‘‘(2) Section 14 of such Act shall not apply to the 

2 Committee.’’. 

3 (b) STAFF AWARENESS CAMPAIGNS TO ENCOURAGE

4 SUPPORT AND ADOPTION OF ENERGY SAVINGS PRAC5 TICES.—The Secretary of Veterans Affairs shall conduct 

6 a campaign to encourage personnel of the Department of 

7 Veterans Affairs to support and adopt energy savings 

8 practices. 

9 (c) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by adding 

11 at the end the following new item: 

‘‘547. Advisory Committee on Energy Management and Sustainability.’’. 

12 SEC. 7. COMPLIANCE WITH EXECUTIVE ORDER 13423 AND 

13 DEPARTMENT OF VETERANS AFFAIRS DIREC14 TIVE 0055. 

15 (a) EXECUTIVE ORDER 13423.—The Secretary of 

16 Veterans Affairs shall ensure that the Department of Vet17 erans Affairs complies with Executive Order 13423. Not 

18 later than 30 days after the date of the enactment of this 

19 Act, the Secretary shall notify Congress of the current sta20 tus of the Department’s compliance. 

21 (b) DEPARTMENT OF VETERANS AFFAIRS DIREC22 TIVE 0055.—The Secretary of Veterans Affairs shall no23 tify Congress— 

24 (1) of the anticipated completion dates for 

25 meeting the energy objectives contained in DepartVerDate Nov 24 2008 03:18 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H292.IH H292

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1 ment of Veterans Affairs Directive 0055 using the 

2 management tools specified in that Directive; and 

3 (2) of the actual completion date for meeting 

4 each objective. 

5 SEC. 8. REPORT ON INSTALLATION OF FUELING STATIONS 

6 FOR ALTERNATIVE FUELS. 

7 (a) REPORT REQUIRED.—The Secretary of Veterans 

8 Affairs shall submit to Congress a report on the use of 

9 funds appropriated for ‘‘Construction, minor projects’’ for 

10 the installation of alternative fueling stations at 35 med11 ical facility campuses under title II of the Military Con12 struction and Veterans Affairs and Related Agencies Ap13 propriations Act, 2009 (division E of Public Law 110– 

14 329; 122 Stat. 3708). Such report shall include— 

15 (1) a list of the 35 medical facility campuses at 

16 which the Secretary plans to install alternative fuel17 ing stations; 

18 (2) the types of alternative fuels to be made 

19 available at each station; and 

20 (3) the cost of installing each station. 

21 (b) REQUIREMENT FOR ALTERNATIVE FUELS.—The 

22 alternative fuel made available through the alternative 

23 fueling stations on Department of Veterans Affairs med24 ical facility campuses referred to in subsection (a) shall 

25 include domestically produced and refined E–85. 


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1 SEC. 9. INSTALLATION OF ENERGY EFFICIENT AND RENEW2 ABLE ENERGY SYSTEMS IN DEPARTMENT 

3 BUILDINGS. 

4 (a) PLAN TO INCREASE USE OF RENEWABLE EN5 ERGY AND ENERGY EFFICIENCY TECHNOLOGIES IN DE6 PARTMENT FACILITIES.—Not later than March 30, 2010, 

7 the Secretary of Veterans Affairs shall submit to Con8 gress, in electronic form, a detailed plan for increasing the 

9 use of energy efficient and renewable energy technologies 

10 in Department of Veterans Affairs facilities and oper11 ations, including— 

12 (1) qualified solar technologies such as distrib13 uted amorphous, crystalline and nano-photovoltaic 

14 technologies systems, solar heating systems, solar 

15 cooling systems, solar hot water systems, solar light16 ing systems, and hybrid technologies that incor17 porate one or more of such systems; 

18 (2) qualified energy efficient roof and building 

19 envelope systems such as systems with high solar re20 flectance or thermal emittance, including high albedo 

21 systems, systems with high thermal resistance, in22 cluding use of enhanced roof insulation, systems 

23 with high thermal inertia, including use of ballasted 

24 or vegetated roof systems; 

25 (3) qualified wind technologies; and 


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1 (4) qualified biomass materials such as wood2 based renewable fuels to be used for fueling boilers 

3 and heaters. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $150,000,000 to carry out 

6 subsection (a). 

7 SEC. 10. USE OF ELECTRICAL SUB-METERING OF BUILD8 INGS OF THE DEPARTMENT OF VETERANS 

9 AFFAIRS. 

10 (a) INSTALLATION REQUIRED.—The Secretary of 

11 Veterans Affairs shall provide for the installation of indi12 vidual electrical sub-metering equipment for— 

13 (1) each boiler plant, chiller building, energy 

14 center, and laundry of the Department of Veterans 

15 Affairs, whether in existence as of the date of the 

16 enactment of this Act or constructed after the date 

17 of the enactment of this Act; and 

18 (2) all other buildings of the Department of 

19 Veterans Affairs constructed after the date of the 

20 enactment of this Act. 

21 (b) PURPOSE.—The sub-metering required by this 

22 section is intended to record building electrical energy con23 sumption for economic analysis and energy conservation 

24 measures. 

25 (c) INSTALLATION LOCATION.— 


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1 (1) IN GENERAL.—In the case of boiler plants, 

2 chiller buildings, energy centers, and laundry build3 ings, the sub-metering equipment shall be installed 

4 at the building’s low-voltage switchboard. If high5 voltage chillers are used, additional sub-metering 

6 equipment for the chillers shall be installed. The me7 ters for boiler plants shall be located separately from 

8 the energy center, where feasible. 

9 (2) NEW SEPARATE BUILDINGS.—In the case of 

10 buildings described in subsection (a)(2), the sub-me11 tering equipment shall be installed with the build12 ing’s utilization voltage equipment. 

13 (3) METER FUNCTIONS.—At a minimum, the 

14 meter shall monitor voltage, current, kW, kW de15 mand, kW hours, kVA, kVAR, and power factor. 

16 SEC. 11. ENERGY STAR ACQUISITION REQUIREMENTS. 

17 The Secretary of Veterans Affairs shall ensure, to the 

18 maximum extent practicable, that energy efficient prod19 ucts meeting the requirements of the Department of Vet20 erans Affairs are purchased whenever the Department 

21 purchases items that consume electricity. In determining 

22 the energy efficiency of products, the Secretary shall con23 sider products that— 

24 (1) meet or exceed Energy Star specifications; 

25 or 


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1 (2) are listed on the Federal Energy Manage2 ment Program Product Energy Efficiency Rec3 ommendations product list of the Department of En4 ergy. 

5 SEC. 12. GRANTS FOR ADAPTIVE HOUSING TO ENCOURAGE 

6 USE OF HIGH EFFICIENCY SYSTEMS AND 

7 PRODUCTS AND OTHER ENERGY REDUCTION 

8 ITEMS. 

9 Section 2102 of title 38, United States Code, is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(f) The dollar limitations in effect under subsections 

13 (b) and (d) may be increased by the lesser of— 

14 ‘‘(1) an amount equal to the actual cost of any 

15 high efficiency systems or products or other energy16 use reduction items incorporated into the housing 

17 unit; or 

18 ‘‘(2) $10,000.’’. 

19 SEC. 13. GRANTS FOR ADAPTIVE VEHICLES TO ENCOURAGE 

20 PURCHASE OF ALTERNATIVE FUEL VEHI21 CLES. 

22 Section 3902(a) of title 38, United States Code, is 

23 amended by adding at the end the following new sentence: 

24 ‘‘The amount otherwise available to an eligible individual 

25 under this subsection may be increased by an amount 


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1 equal to the difference between the cost of an alternative 

2 fuel vehicle and the cost of a comparable gas or diesel 

3 model of the vehicle if the eligible person elects to pur4 chase an alternative fuel vehicle.’’. 

5 SEC. 14. STUDY ON WATER AND ENERGY CONSUMPTION BY 

6 NATIONAL CEMETERY ADMINISTRATION. 

7 (a) WATER CONSUMPTION STUDY.—The Secretary of 

8 Veterans Affairs shall conduct a study on water consump9 tion by activities of the National Cemetery Administration 

10 and ways to reduce water consumption. The study shall 

11 also examine the extent to which the use of grasses and 

12 other vegetation that is not native to the location of a na13 tional cemetery affects water consumption and evaluate 

14 the feasibility of composting grass clippings and other 

15 vegetation collected during cleanup of national cemeteries. 

16 (b) FUEL CONSUMPTION STUDY.—The Secretary of 

17 Veterans Affairs shall conduct a study on fuel consump18 tion by equipment of the National Cemetery Administra19 tion used in maintaining national cemeteries and ways to 

20 improve fuel efficiency at cemeteries and other facilities 

21 under the control of the National Cemetery Administra22 tion. 

23 (c) DEADLINE FOR COMPLETION OF STUDIES.—The 

24 Secretary of Veterans Affairs shall complete the studies 


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1 required under subsections (a) and (b) by not later than 

2 September 30, 2010. 

3 (d) REPORT.—Not later than March 31, 2011, the 

4 Secretary of Veterans Affairs shall submit to the Commit5 tees on Veterans’ Affairs of the Senate and House of Rep6 resentatives a report on the studies conducted under this 

7 section. 

8 SEC. 15. USE BY DEPARTMENT OF VETERANS AFFAIRS OF 

9 EXPERTISE OF THE NATIONAL LABORA10 TORIES REGARDING ENERGY AND WATER EF11 FICIENT TECHNOLOGIES. 

12 (a) MEMORANDUM OF UNDERSTANDING.—The Sec13 retary of Veterans Affairs and the Secretary of Energy 

14 shall enter into a memorandum of understanding for the 

15 purpose of improving and facilitating the use by the De16 partment of Veterans Affairs of the expertise of the na17 tional laboratories to evaluate energy and water efficient 

18 technologies for use by the Department to implement this 

19 Act. 

20 (b) ASSISTANCE.—The memorandum of under21 standing shall provide that the Secretary of Veterans Af22 fairs shall request assistance from the national labora23 tories with respect to energy and water efficient tech24 nologies as the Secretary of Veteran Affairs and the Sec25 retary of Energy determine can be provided through the 


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1 technical skills and experience of the national laboratories, 

2 using such financial arrangements as the Secretaries de3 termine are appropriate. 

4 (c) ACTIVITIES.—The memorandum of under5 standing shall provide that the national laboratories shall 

6 carry out those activities necessary to respond to requests 

7 for assistance from the Secretary of Veterans Affairs re8 ferred to in subsection (b). 

9 (d) NATIONAL LABORATORIES.—In this section, the 

10 term ‘‘national laboratory’’ has the meaning given that 

11 term in section 2 of the Energy Policy Act of 2005 (42 

12 U.S.C. 15801). 

13 SEC. 16. PILOT PROGRAM FOR THE SALE OF AIR POLLU14 TION EMISSION REDUCTION INCENTIVES 

15 AND RETENTION OF PROCEEDS FROM SALES. 

16 (a) AUTHORITY.—The Secretary of Veterans Affairs, 

17 in consultation with the Administrator of General Serv18 ices, may carry out a pilot program to sell economic incen19 tives for the reduction of emission of air pollutants attrib20 utable to a facility of the Department of Veterans Affairs. 

21 (b) INCENTIVES AVAILABLE FOR SALE.—Under the 

22 program, the Secretary of Veterans Affairs may sell eco23 nomic incentives for the reduction of emission of air pol24 lutants attributable to a facility of the Department only 


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1 if such incentives are not otherwise required for the activi2 ties or operations of the Department. 

3 (c) USE OF PROCEEDS.— 

4 (1) CREDIT TO DEPARTMENT FACILITIES.—The 

5 proceeds of sale of economic incentives attributable 

6 to a facility of the Department shall be credited to 

7 the funds available to the facility for the costs of 

8 identifying, quantifying, or valuing economic incen9 tives for the reduction of emission of air pollutants. 

10 The amount credited shall be equal to the cost in11 curred in identifying, quantifying, or valuing the 

12 economic incentives sold. 

13 (2) ALLOCATION TO DEPARTMENT PROGRAMS, 

14 PROJECTS, AND ACTIVITIES.—If after crediting 

15 under paragraph (1) a balance remains, the amount 

16 of such balance shall be available to the Department 

17 for allocation by the Secretary of Veterans Affairs 

18 for programs, projects, and activities of the Depart19 ment necessary for compliance with Federal environ20 mental laws, including the purchase of economic in21 centives for the reduction of emission of air pollut22 ants. To the extent practicable, amounts allocated 

23 under this paragraph shall be made available to the 

24 facilities that generated the economic incentives pro25 viding the basis for the amounts. 


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1 (3) TREATMENT OF PROCEEDS.—Funds cred2 ited under paragraph (1) or allocated under para3 graph (2) shall be merged with the funds to which 

4 credited or allocated, as the case may be, and shall 

5 be available for the same purposes and for the same 

6 period as the funds with which merged. 

7 (d) DEFINITION.—In this section, the term ‘‘eco8 nomic incentives for the reduction of emission of air pol9 lutants’’ means any transferable economic incentives (in10 cluding marketable permits and emission rights) necessary 

11 or appropriate to meet air quality requirements under the 

12 Clean Air Act (42 U.S.C. 7401 et seq.). 

13 (e) TERMINATION.—The authority to carry out a 

14 pilot program under this section shall terminate on Sep15 tember 30, 2011. 

16 SEC. 17. SUBMISSION OF REPORTS TO CONGRESS BY SEC17 RETARY OF VETERANS AFFAIRS IN ELEC18 TRONIC FORM. 

19 (a) SUBMISSION OF REPORTS.—Chapter 1 of title 38, 

20 United States Code, is amended by adding at the end the 

21 following: 

22 ‘‘§ 117. Reports to Congress: submission in electronic 

23 form 

24 ‘‘(a) REQUIREMENT.—Whenever the Secretary or 

25 any other official of the Department is required by law 


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1 to submit to Congress (or any committee of either House 

2 of Congress) a report, the Secretary or other official shall 

3 submit to Congress (or such committee) a copy of the re4 port in an electronic format. 

5 ‘‘(b) TREATMENT.—The submission of a copy of a 

6 report in accordance with this section shall be treated as 

7 meeting any requirement of law to submit such report to 

8 Congress (or any committee of either House of Congress). 

9 ‘‘(c) DEFINITION.—For the purposes of this section, 

10 the term ‘report’ includes any certification, notification, 

11 or other communication in writing.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by adding 

14 at the end the following new item: 

‘‘117. Reports to Congress: submission in electronic form.’’. 

15 (c) EFFECTIVE DATE.—Section 117 of title 38, 

16 United States Code, as added by subsection (a), shall 

17 apply with respect to a report submitted after the date 

18 that is 90 days after the date of the enactment of this 

19 Act. 

Æ 


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