I 
110TH CONGRESS 
2D SESSION 
H. R. 6937 
To improve energy and water efficiencies and conservation throughout the 
Department of Veterans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2008 
Mr. BUYER (for himself, Mr. MICHAUD, Mr. MILLER of Florida, Mr. 
BOOZMAN, Mr. LAMBORN, Mr. SALAZAR, Mr. WALZ of Minnesota, Mr. 
BILIRAKIS, Mr. BROWN of South Carolina, and Mr. HARE) introduced 
the following bill; which was referred to the Committee on Veterans’ Af-
fairs, 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 com-
mittee concerned 
A BILL 
To improve energy and water efficiencies and conservation 
throughout the Department of Veterans Affairs, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Department of Veterans Affairs Energy Sustainability 
Act of 2008’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Department of Veterans 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. Installation of fueling stations for alternative fuels. 
Sec. 9. Installation of energy efficient and renewable energy systems in Depart-
ment buildings. 
Sec. 10. Use of electrical sub-metering of buildings of the Department of Vet-
erans Affairs. 
Sec. 11. Energy Star acquisition requirements. 
Sec. 12. Grants for adaptive housing to encourage use of high efficiency sys-
tems 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 Admin-
istration. 
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. 2. DEPARTMENT OF VETERANS AFFAIRS SUSTAIN-
ABILITY PROGRAM. 
(a) SUSTAINABILITY PROGRAM.—Not later than two 
years after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs shall implement a comprehen-
sive program (to be known as the ‘‘Energy Sustainability 
Program’’) throughout the Department of Veterans Af-
fairs for the purpose of using resources in a manner so 
that the resources are used in a manner that minimizes 
consumption and encourages the use of alternative sources 
of energy while still meeting the responsibilities of the De-
partment. 
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(b) GOALS OF PROGRAM.—The goals of the Sustain-
ability Program are— 
(1) to reduce overall energy consumption by the 
Department of Veterans Affairs, per unit of measure 
determined by the Secretary of Veterans Affairs; 
(2) to reduce overall water usage by each of the 
Veterans Health Administration, National Cemetery 
Administration, and Veterans Benefits Administra-
tion, per unit of measure determined by the Sec-
retary; 
(3) to reduce the non-biohazard and non-toxic 
waste stream generated by activities of the Depart-
ment; 
(4) to increase, whenever appropriate, the use 
of products that promote and support an integrated 
approach to sustainability; and 
(5) to cooperate to the maximum extent pos-
sible with State and local jurisdictions in matters of 
sustainability. 
(c) OUTREACH.—The Secretary of Veterans Affairs 
shall take immediate action to inform all personnel of the 
Department of Veterans Affairs about the need for the 
Sustainability Program and its goals and to encourage 
feedback from Department personnel. 
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(d) MANAGEMENT ORGANIZATION.—Not later than 
90 days after the date of the enactment of this Act, the 
Secretary of Veterans Affairs shall establish a manage-
ment organization, to be led by the Assistant Secretary 
for Management, to develop the Sustainability Program. 
To assist the management organization, the Secretary 
shall appoint an advisory council, to be comprised of Gov-
ernment employees, private persons, and industry officials 
with experience and expertise in developing sustainability 
programs. 
(e) STRATEGIC PLAN.— 
(1) PLAN REQUIRED.—As part of the Energy 
Sustainability Program, the Secretary of Veterans 
Affairs shall develop a strategic plan for energy sus-
tainability for the Department of Veterans Affairs. 
(2) REPORT
TO
CONGRESS.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary shall submit to Congress a report on 
the progress made by the Secretary in developing 
the plan required by subsection (a). 
SEC. 3. DATABASE ON ENERGY AND WATER USAGE AND EX-
PENDITURES. 
(a) DATABASE REQUIRED.—The Secretary of Vet-
erans Affairs shall establish and maintain a database to 
track and report on energy and water expenditures by the 
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Department of Veterans Affairs. The database will provide 
a baseline to compare changes in Department energy and 
water expenditures. 
(b) DATABASE CATEGORIES.—At a minimum in 
maintaining the database, the Secretary of Veterans Af-
fairs shall maintain summary statistics by facility type, 
major census region, size and age of facility, and energy 
and water source. In the case of health care facilities, the 
Secretary shall use subcategories of inpatient, outpatient, 
nursing home, and domiciliary care. Data on energy 
sources shall include the percentage of energy supplied by 
petroleum, natural gas, coal, and alternative energy. 
SEC. 4. ANNUAL ENERGY USAGE AUDIT REQUIREMENTS. 
(a) BASELINE.— 
(1) ESTABLISHMENT.—Not later than Sep-
tember 30, 2009, the Secretary of Veterans Affairs 
shall complete an audit of energy usage by the De-
partment of Veterans Affairs during fiscal year 
2009. 
(2) SUBMISSION.—Not later than March 30, 
2010, the Secretary shall submit to Congress, in 
electronic form, a report containing the results of 
the energy audit. 
(3) USE.—The energy audit shall serve as a 
baseline for the Sustainability Program required by 
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section 2 and identify the potential impact of the 
Sustainability Program on the budget of the Depart-
ment of Veterans Affairs. 
(b) ANNUAL ENERGY AUDIT UPDATE
AND RE-
PORT.—As part of the annual report required to be sub-
mitted under section 546(e)(b) of title 38, United States 
Code, as added by section 5, the Secretary shall include 
a report comparing energy usage by the Department of 
Veterans Affairs during the last fiscal year that ended be-
fore the submission of the report to the fiscal year 2009 
baseline. 
SEC. 5. OFFICE OF ENERGY MANAGEMENT. 
(a) ESTABLISHMENT OF OFFICE.—Chapter 3 of title 
38, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 321. Office of Energy Management 
‘‘(a) ESTABLISHMENT.—There is in the Department 
an Office of Energy Management. 
‘‘(b) HEAD.—There is at the head of the Office a Di-
rector, who shall be a Deputy Assistant Secretary. The 
Director reports directly to the Assistant Secretary for 
Management. 
‘‘(c) RESPONSIBILITIES.—The Director is responsible 
for— 
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‘‘(1) the formulation of policy and planning re-
lated to, and the implementation of, energy manage-
ment programs of the Department; and 
‘‘(2) the monitoring of Department compliance 
with— 
‘‘(A) Executive Orders, Department Direc-
tives, and statutory requirements relating to en-
ergy management; 
‘‘(B) Department energy audits; and 
‘‘(C) reporting requirements to Congress 
relating to the Department energy policies; and 
‘‘(3) serving as the chair of the Advisory Com-
mittee on Energy Management and Sustainability 
under section 546 of this title. 
‘‘(d) STAFF AND SUPPORT.—The Office shall employ 
a sufficient number of personnel as are necessary to carry 
out the responsibilities of the Office. The Secretary shall 
ensure that the Office is furnished sufficient resources in 
addition to personnel to enable the Office to carry out its 
responsibilities in a timely manner.’’. 
(b) INCREASE IN MAXIMUM NUMBER OF DEPUTY 
ASSISTANT SECRETARIES.—Section 308(d)(1) of such 
title is amended by striking ‘‘not exceeding 19’’ and insert-
ing ‘‘not exceeding 20’’. 
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(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘321. Office of Energy Management.’’. 
SEC. 6. ADVISORY COMMITTEE ON ENERGY MANAGEMENT 
AND SUSTAINABILITY. 
(a) ESTABLISHMENT.—Chapter 5 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 546. Advisory Committee on Energy Management 
and Sustainability 
‘‘(a) ESTABLISHMENT.—There is in the Department 
the Advisory Committee on Energy Management and Sus-
tainability (hereinafter in this section referred to as the 
‘Committee’). The chair of the Committee is the Director 
of the Office of Energy Management under section 321 
of this title. 
‘‘(b) MEMBERSHIP.—(1) The Committee shall consist 
of members appointed by the Secretary from the general 
public, including— 
‘‘(A) individuals who are recognized authorities 
in fields pertinent to energy management and sus-
tainability; and 
‘‘(B) representatives of industries relating to 
energy management and sustainability. 
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‘‘(2) The Committee shall include, as ex officio mem-
bers, the following: 
‘‘(A) The Under Secretary for Health, or the 
Under Secretary’s designee. 
‘‘(B) The Under Secretary for Benefits, or the 
Under Secretary’s designee. 
‘‘(C) The Under Secretary for Memorial Af-
fairs, or the Under Secretary’s designee 
‘‘(D) The Assistant Secretary for Management, 
or the Assistant Secretary’s designee. 
‘‘(E) The Chief Information Officer, or the 
Chief Information Officer’s designee. 
‘‘(F) Such other officers of the Department as 
the Secretary considers appropriate. 
‘‘(3) The Secretary shall ensure that the members of 
the Committee have expertise in the areas covered by the 
memorandum of understanding entitled ‘Federal Leader-
ship in High Performance and Sustainable Buildings’ en-
tered into on March 6, 2006, as in effect on the date of 
the enactment of this section, namely— 
‘‘(A) employment of integrated design prin-
ciples; 
‘‘(B) optimization of energy performance; 
‘‘(C) protection and conservation of water; 
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‘‘(D) enhancement of indoor environmental 
quality; and 
‘‘(E) reduction of the environmental impact of 
materials. 
‘‘(4) The Secretary shall determine the number, 
terms of service, and pay and allowances of members of 
the Committee appointed by the Secretary, except that a 
term of service of any such member may not exceed three 
years. The Secretary may reappoint any such member for 
additional terms of service. 
‘‘(c) RESPONSIBILITIES.—(1) The Committee shall 
provide advice, coordination, and recommendations related 
to the implementation of the sustainability construction 
projects for the Department of Veterans Affairs. 
‘‘(d) CONSULTATION.—(1) The Secretary shall, on a 
regular basis, consult with and seek the advice of the Com-
mittee with respect to the implementation of energy and 
sustainability programs at the Department. 
‘‘(2) In providing advice to the Secretary under this 
subsection, the Committee shall— 
‘‘(A) assemble and review information relating 
to the needs of the Department as part of a whole 
sustainability and energy savings program; 
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‘‘(B) provide an assessment of the effectiveness 
of the policies, organizational structures, and serv-
ices of the Department’s sustainability program; and 
‘‘(C) provide on-going advice on the most ap-
propriate means of responding to additional energy 
and sustainability requirements as may be imposed 
upon the Department through additional Acts of 
Congress, or through Presidential Executive Orders 
for each of the Department’s business lines. 
‘‘(e) ANNUAL REPORTS.—(1) Not later than Decem-
ber 31 of each year, the Committee shall submit to the 
Secretary an electronic report on the programs and activi-
ties of the Department relating to sustainability programs 
and energy efficiency programs developed by the Depart-
ment. Each such report shall include— 
‘‘(A) an assessment of the needs of each of the 
Department’s business lines to enhance sustain-
ability programs within each administration; 
‘‘(B) a review of the programs and activities of 
the Department designed to meet such needs; and 
‘‘(C) such recommendations (including rec-
ommendations for administrative and legislative ac-
tion) as the Committee considers appropriate. 
‘‘(2) Not later than 90 days after receipt of a report 
under paragraph (1), the Secretary shall transmit elec-
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tronically to the Committees on Veterans’ Affairs of the 
Senate and House of Representatives a copy of the report, 
together with any comments and recommendations con-
cerning the report that the Secretary considers appro-
priate. 
‘‘(3) The Committee may also submit to the Sec-
retary such other reports and recommendations as the 
Committee considers appropriate. 
‘‘(4) The Secretary shall submit with each annual re-
port submitted to the Congress pursuant to section 529 
of this title a summary of all reports and recommendations 
of the Committee submitted to the Secretary since the pre-
vious annual report of the Secretary submitted pursuant 
to that section. 
‘‘(f) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—(1) Except as provided in paragraph (2), 
the provisions of the Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the activities of the Committee 
under this section. 
‘‘(2) Section 14 of such Act shall not apply to the 
Committee.’’. 
(b) STAFF AWARENESS CAMPAIGNS TO ENCOURAGE 
SUPPORT AND ADOPTION OF ENERGY SAVINGS PRAC-
TICES.—The Secretary of Veterans Affairs shall conduct 
a campaign to encourage personnel of the Department of 
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Veterans Affairs to support and adopt energy savings 
practices. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘546. Advisory Committee on Energy Management and Sustainability.’’. 
SEC. 7. COMPLIANCE WITH EXECUTIVE ORDER 13423 AND 
DEPARTMENT OF VETERANS AFFAIRS DIREC-
TIVE 0055. 
(a) EXECUTIVE ORDER 13423.—The Secretary of 
Veterans Affairs shall ensure that the Department of Vet-
erans Affairs complies with Executive Order 13423. Not 
later than 30 days after the date of the enactment of this 
Act, the Secretary shall notify Congress of the current sta-
tus of the Department’s compliance. 
(b) DEPARTMENT OF VETERANS AFFAIRS DIREC-
TIVE 0055.—The Secretary of Veterans Affairs shall no-
tify Congress— 
(1) of the anticipated completion dates for 
meeting the energy objectives contained in Depart-
ment of Veterans Affairs Directive 0055 using the 
management tools specified in that Directive; and 
(2) of the actual completion date for meeting 
each objective. 
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SEC. 8. INSTALLATION OF FUELING STATIONS FOR ALTER-
NATIVE FUELS. 
(a) INSTALLATION ON DEPARTMENT PROPERTY OF 
FUELING STATIONS FOR ALTERNATIVE FUELS.—To pro-
vide fuel sources for alternate fuel vehicles acquired by the 
Department of Veterans Affairs, the Secretary of Veterans 
Affairs shall install alternative fueling stations on at least 
35 Department of Veterans Affairs medical facility cam-
puses. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $7,000,000 to carry out 
subsection (a). 
SEC. 9. INSTALLATION OF ENERGY EFFICIENT AND RENEW-
ABLE ENERGY SYSTEMS IN DEPARTMENT 
BUILDINGS. 
(a) PLAN TO INCREASE USE OF RENEWABLE EN-
ERGY AND ENERGY EFFICIENCY TECHNOLOGIES IN DE-
PARTMENT FACILITIES.—Not later than March 30, 2009, 
the Secretary of Veterans Affairs shall submit to Con-
gress, in electronic form, a detailed plan for increasing the 
use of energy efficient and renewable energy technologies 
in Department of Veterans Affairs facilities and oper-
ations, including— 
(1) qualified solar technologies such as distrib-
uted amorphous, crystalline and nano-photovoltaic 
technologies systems, solar heating systems, solar 
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cooling systems, solar hot water systems, solar light-
ing systems, and hybrid technologies that incor-
porate one or more of such systems; and 
(2) qualified energy efficient roof and building 
envelope systems such as systems with high solar re-
flectance or thermal emittance, including high albedo 
systems, systems with high thermal resistance, in-
cluding use of enhanced roof insulation, systems 
with high thermal inertia, including use of ballasted 
or vegetated roof systems. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $150,000,000 to carry out 
subsection (a). 
SEC. 10. USE OF ELECTRICAL SUB-METERING OF BUILD-
INGS OF THE DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) INSTALLATION REQUIRED.—The Secretary of 
Veterans Affairs shall provide for the installation of indi-
vidual electrical sub-metering equipment for— 
(1) each boiler plant, chiller building, energy 
center, and laundry of the Department of Veterans 
Affairs, whether in existence as of the date of the 
enactment of this Act or constructed after the date 
of the enactment of this Act; and 
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(2) all other buildings of the Department of 
Veterans Affairs constructed after the date of the 
enactment of this Act. 
(b) PURPOSE.—The sub-metering required by this 
section is intended to record building electrical energy con-
sumption for economic analysis and energy conservation 
measures. 
(c) INSTALLATION LOCATION.— 
(1) IN GENERAL.—In the case of boiler plants, 
chiller buildings, energy centers, and laundry build-
ings, the sub-metering equipment shall be installed 
at the building’s low-voltage switchboard. If high- 
voltage chillers are used, additional sub-metering 
equipment for the chillers shall be installed. The me-
ters for boiler plants shall be located separately from 
the energy center, where feasible. 
(2) NEW SEPARATE BUILDINGS.—In the case of 
buildings described in subsection (a)(2), the sub-me-
tering equipment shall be installed with the build-
ing’s utilization voltage equipment. 
(3) METER FUNCTIONS.—At a minimum, the 
meter shall monitor voltage, current, kW, kW de-
mand, kW hours, kVA, kVAR, and power factor. 
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SEC. 11. ENERGY STAR ACQUISITION REQUIREMENTS. 
The Secretary of Veterans Affairs shall ensure, to the 
maximum extent practicable, that energy efficient prod-
ucts meeting the requirements of the Department of Vet-
erans Affairs are purchased whenever the Department 
purchases items that consume electricity. In determining 
the energy efficiency of products, the Secretary shall con-
sider products that— 
(1) meet or exceed Energy Star specifications; 
or 
(2) are listed on the Federal Energy Manage-
ment Program Product Energy Efficiency Rec-
ommendations product list of the Department of En-
ergy. 
SEC. 12. GRANTS FOR ADAPTIVE HOUSING TO ENCOURAGE 
USE OF HIGH EFFICIENCY SYSTEMS AND 
PRODUCTS AND OTHER ENERGY REDUCTION 
ITEMS. 
Section 2102 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e) The dollar limitations specified in subsections (b) 
and (d) may be increased by the lesser of— 
‘‘(1) an amount equal to the actual cost of any 
high efficiency systems or products or other energy- 
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use reduction items incorporated into the housing 
unit; or 
‘‘(2) $10,000.’’. 
SEC. 13. GRANTS FOR ADAPTIVE VEHICLES TO ENCOURAGE 
PURCHASE OF ALTERNATIVE FUEL VEHI-
CLES. 
Section 3902(a) of title 38, United States Code, is 
amended by adding at the end the following new sentence: 
‘‘The amount otherwise available to an eligible individual 
under this subsection may be increased by an amount 
equal to the difference between the cost of an alternative 
fuel vehicle and the cost of a comparable gas or diesel 
model of the vehicle if the eligible person elects to pur-
chase an alternative fuel vehicle.’’. 
SEC. 14. STUDY ON WATER AND ENERGY CONSUMPTION BY 
NATIONAL CEMETERY ADMINISTRATION. 
(a) WATER CONSUMPTION STUDY.—The Secretary of 
Veterans Affairs shall conduct a study on water consump-
tion by activities of the National Cemetery Administration 
and ways to reduce water consumption. The study shall 
also examine the extent to which the use of grasses and 
other vegetation that is not native to the location of a na-
tional cemetery affects water consumption and evaluate 
the feasibility of composting grass clippings and other 
vegetation collected during cleanup of national cemeteries. 
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(b) FUEL CONSUMPTION STUDY.—The Secretary of 
Veterans Affairs shall conduct a study on fuel consump-
tion by equipment of the National Cemetery Administra-
tion used in maintaining national cemeteries and ways to 
improve fuel efficiency at cemeteries and other facilities 
under the control of the National Cemetery Administra-
tion. 
(c) DEADLINE FOR COMPLETION OF STUDIES.—The 
Secretary of Veterans Affairs shall complete the studies 
required under subsections (a) and (b) by not later than 
September 30, 2009. 
(d) REPORT.—Not later than March 31, 2010, the 
Secretary of Veterans Affairs shall submit to the Commit-
tees on Veterans’ Affairs of the Senate and House of Rep-
resentatives a report on the studies conducted under this 
section. 
SEC. 15. USE BY DEPARTMENT OF VETERANS AFFAIRS OF 
EXPERTISE 
OF 
THE 
NATIONAL 
LABORA-
TORIES REGARDING ENERGY AND WATER EF-
FICIENT TECHNOLOGIES. 
(a) MEMORANDUM OF UNDERSTANDING.—The Sec-
retary of Veterans Affairs and the Secretary of Energy 
shall enter into a memorandum of understanding for the 
purpose of improving and facilitating the use by the De-
partment of Veterans Affairs of the expertise of the na-
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tional laboratories to evaluate energy and water efficient 
technologies for use by the Department to implement this 
Act. 
(b) ASSISTANCE.—The memorandum of under-
standing shall provide that the Secretary of Veterans Af-
fairs shall request assistance from the national labora-
tories with respect to energy and water efficient tech-
nologies as the Secretary of Veterans Affairs and the Sec-
retary of Energy determine can be provided through the 
technical skills and experience of the national laboratories, 
using such financial arrangements as the Secretaries de-
termine are appropriate. 
(c) 
ACTIVITIES.—The 
memorandum 
of 
under-
standing shall provide that the national laboratories shall 
carry out those activities necessary to respond to requests 
for assistance from the Secretary of Veterans Affairs re-
ferred to in subsection (b). 
(d) NATIONAL LABORATORIES.—In this section, the 
term ‘‘national laboratory’’ has the meaning given that 
term in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
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SEC. 16. PILOT PROGRAM FOR THE SALE OF AIR POLLU-
TION 
EMISSION 
REDUCTION 
INCENTIVES 
AND RETENTION OF PROCEEDS FROM SALES. 
(a) AUTHORITY.—The Secretary of Veterans Affairs, 
in consultation with the Administrator of General Serv-
ices, may carry out a pilot program to sell economic incen-
tives for the reduction of emission of air pollutants attrib-
utable to a facility of the Department of Veterans Affairs. 
(b) INCENTIVES AVAILABLE FOR SALE.—Under the 
program, the Secretary of Veterans Affairs may sell eco-
nomic incentives for the reduction of emission of air pol-
lutants attributable to a facility of the Department only 
if such incentives are not otherwise required for the activi-
ties or operations of the Department. 
(c) USE OF PROCEEDS.— 
(1) CREDIT TO DEPARTMENT FACILITIES.—The 
proceeds of sale of economic incentives attributable 
to a facility of the Department shall be credited to 
the funds available to the facility for the costs of 
identifying, quantifying, or valuing economic incen-
tives for the reduction of emission of air pollutants. 
The amount credited shall be equal to the cost in-
curred in identifying, quantifying, or valuing the 
economic incentives sold. 
(2) ALLOCATION TO DEPARTMENT PROGRAMS, 
PROJECTS, 
AND
ACTIVITIES.—If after crediting 
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under paragraph (1) a balance remains, the amount 
of such balance shall be available to the Department 
for allocation by the Secretary of Veterans Affairs 
for programs, projects, and activities of the Depart-
ment necessary for compliance with Federal environ-
mental laws, including the purchase of economic in-
centives for the reduction of emission of air pollut-
ants. To the extent practicable, amounts allocated 
under this paragraph shall be made available to the 
facilities that generated the economic incentives pro-
viding the basis for the amounts. 
(3) TREATMENT OF PROCEEDS.—Funds cred-
ited under paragraph (1) or allocated under para-
graph (2) shall be merged with the funds to which 
credited or allocated, as the case may be, and shall 
be available for the same purposes and for the same 
period as the funds with which merged. 
(d) DEFINITION.—In this section, the term ‘‘eco-
nomic incentives for the reduction of emission of air pol-
lutants’’ means any transferable economic incentives (in-
cluding marketable permits and emission rights) necessary 
or appropriate to meet air quality requirements under the 
Clean Air Act (42 U.S.C. 7401 et seq.). 
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(e) TERMINATION.—The authority to carry out a 
pilot program under this section shall terminate on Sep-
tember 30, 2010. 
Æ 
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