(4) procurement and acquisition source selec-
tion criteria, requests for proposals, and best value 
determinations. 
(c) REVISION OF ANALYTICAL TOOLS.—If a Federal 
agency employs models, simulations, wargames, or other 
analytical tools that require substantial upgrades to enable 
compliance with this section, the agency shall complete 
such necessary upgrades not later than 2 years after the 
date of enactment of this Act. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘fully burdened cost of fuel’’ means the commodity 
price for the fuel plus the total cost of all personnel and 
assets required to move and, where applicable, protect, the 
fuel from the point at which the fuel is received from the 
commercial supplier to the point of use. 
SEC. 203. FEDERAL PROCUREMENT OF ENERGY EFFICIENT 
PRODUCTS. 
(a) AMENDMENTS.—Section 553 of the National En-
ergy Conservation Policy Act (42 U.S.C. 8259b) is amend-
ed— 
(1) in subsection (b)(1), by inserting ‘‘in a 
product category covered by the Energy Star pro-
gram or the Federal Energy Management Program 
for designated products’’ after ‘‘energy consuming 
product’’; 
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(2) in subsection (b)(2)— 
(A) by striking ‘‘in writing that’’ and all 
that follows through ‘‘(A) an Energy Star’’ and 
inserting ‘‘in writing that an Energy Star’’; and 
(B) by striking ‘‘account; or’’ and all that 
follows through ‘‘requirements of the agency’’ 
and inserting ‘‘account’’; and 
(3) in subsection (c)— 
(A) by inserting ‘‘list in their catalogues, 
represent as available, and’’ after ‘‘Logistics 
Agency shall’’; 
(B) by striking ‘‘where the agency’’ and in-
serting ‘‘where the head of the agency’’; and 
(C) by striking ‘‘writing that no Energy 
Star product’’ and all that follows through ‘‘re-
quirements, or’’ and inserting ‘‘writing’’. 
(b) CATALOGUE LISTING DEADLINE.—Not later than 
6 months after the date of enactment of this Act, the Gen-
eral Services Administration and the Defense Logistics 
Agency shall ensure that the prohibition in the amendment 
made under subsection (a)(2)(A) has been fully complied 
with. 
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SEC. 204. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE STANDARDS. 
(a) STANDARDS.—Section 305(a)(3) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)) 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(D) Not later than 1 year after the date of enact-
ment of the Carbon-Neutral Government Act of 2007, the 
Secretary shall establish, by rule, revised Federal building 
energy efficiency performance standards that require that: 
‘‘(i) For new Federal buildings and Federal 
buildings undergoing major renovations: 
‘‘(I) The buildings shall be designed so 
that the fossil fuel-generated energy consump-
tion of the buildings is reduced, as compared 
with such energy consumption by a similar 
building in fiscal year 2003 (as measured by 
Commercial Buildings Energy Consumption 
Survey or Residential Energy Consumption 
Survey data from the Energy Information 
Agency), by the percentage specified in the fol-
lowing table: 
‘‘Fiscal Year 
Percentage Reduction
2010 .......................................................................
2015 .......................................................................
2020 .......................................................................
2025 .......................................................................
2030 .......................................................................
100. 
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‘‘(II) Sustainable design principles shall be 
applied to the siting, design, and construction 
of such buildings. For building types for which 
the United States Green Building Council 
Leadership in Energy and Environmental De-
sign (LEED) certification for New Construction 
and Major Renovation is applicable, such build-
ings shall be designed to meet, at a minimum, 
the LEED silver level standard (or any suc-
cessor standard thereto), or if any additional 
capital cost is projected to be recoverable 
through energy and other operational cost sav-
ings within 10 years, the LEED gold level 
standard (or any successor standard thereto). 
‘‘(ii) In addition to any use of water conserva-
tion technologies otherwise required by this section, 
water conservation technologies shall be applied to 
the extent that the technologies are life-cycle cost-ef-
fective.’’. 
(b) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed— 
(1) in paragraph (6), by striking ‘‘which is not 
legally subject to State or local building codes or 
similar requirements.’’ and inserting ‘‘. Such term 
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shall include buildings built for the purpose of being 
leased by a Federal agency, and privatized military 
housing.’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(17) The term ‘major renovation’ means the 
renovation of a major component or substantial 
structural part of a building that materially in-
creases the value of the building, substantially pro-
longs the useful life of the building, or adapts the 
building to a new or different use.’’. 
SEC. 205. MANAGEMENT OF FEDERAL BUILDING EFFI-
CIENCY. 
(a) BENCHMARKING AND RECOMMISSIONING.—Sec-
tion 543 of the National Energy Conservation Policy Act 
(42 U.S.C. 8253) is amended by adding at the end the 
following new subsections: 
‘‘(f) ENERGY PERFORMANCE BENCHMARKING.— 
‘‘(1) REQUIREMENTS.—Each Federal agency 
shall, with respect to each of its Federal buildings 
with greater than 40,000 square feet of space or 
greater than $75,000 per year in energy costs, annu-
ally benchmark the energy efficiency performance of 
the building and, where feasible, rate that perform-
ance compared to similar buildings. 
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‘‘(2) BENCHMARKING
AND
RATING
TOOL.—A 
Federal agency shall use the Energy Star Portfolio 
Manager Buildings Benchmark Tool in carrying out 
paragraph (1). If the building is a type of building 
for which that tool does not allow rating the build-
ing’s comparative performance, and the Federal En-
ergy Management Program has identified an appro-
priate tool for rating the building’s comparative per-
formance, the agency may use such tool to bench-
mark and rate the building’s performance. 
‘‘(3) USE
OF
INFORMATION
TO
ENHANCE 
BUILDING
MANAGEMENT.—The Federal facilities 
manager for each building subject to the require-
ments in paragraph (1) shall use the benchmark 
performance, rating, and annual energy costs to 
identify and evaluate opportunities for improving the 
building’s energy efficiency performance and reduc-
ing costs. 
‘‘(4) 
PUBLIC
DISCLOSURE.—Each 
Federal 
agency shall post the benchmarking information gen-
erated under this subsection, along with each build-
ing’s annual energy use per square foot and energy 
costs, on the agency’s website. The agency shall up-
date such information each year, and shall include in 
such reporting previous years’ information to allow 
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changes in building performance to be tracked over 
time. 
‘‘(g) RECOMMISSIONING AND DIAGNOSTIC ENERGY 
AUDIT.— 
‘‘(1) REQUIREMENT.—Each Federal agency 
shall each year recommission or retrocommission, as 
applicable, and conduct a diagnostic energy audit 
with respect to, approximately 20 percent of its Fed-
eral buildings with greater than 40,000 square feet 
of space or greater than $75,000 per year in energy 
costs, so that all such buildings are recommissioned 
or retrocommissioned, as applicable, and audited at 
least once every 5 years. 
‘‘(2) USE
OF
INFORMATION
TO
ENHANCE 
BUILDING
MANAGEMENT.—The Federal facilities 
manager for each building and the agency official re-
sponsible for facilities management shall use the in-
formation produced from the energy audits under 
paragraph (1) as a management tool for prioritizing 
capital expenditures for maintenance and building 
upgrades and allocating such expenditures within a 
facility and across all of the agency’s facilities, as 
applicable. 
‘‘(h) LARGE CAPITAL ENERGY INVESTMENTS.—Each 
Federal agency shall ensure that any large capital energy 
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investment in an existing building that is not a major ren-
ovation but involves replacement of installed equipment, 
such as heating and cooling systems, or involves renova-
tion, rehabilitation, expansion, or remodeling of existing 
space, employs the most energy efficient designs, systems, 
equipment, and controls that are life-cycle cost effective. 
Not later than 6 months after the date of enactment of 
the Carbon-Neutral Government Act of 2007, each Fed-
eral agency shall develop a process for reviewing each such 
large capital energy investment decision to ensure that the 
requirement of this subsection is met, and shall report to 
the Office of Management and Budget on the process es-
tablished. This process shall incorporate the information 
produced under subsections (f) and (g). Not later than one 
year after the date of enactment of the Carbon-Neutral 
Government Act of 2007, the Office of Management and 
Budget shall evaluate and report to Congress on each 
agency’s compliance with this subsection.’’. 
(b) METERING.—Section 543(e)(1) of the National 
Energy Conservation Policy Act (42 U.S.C. 8253(e)(1)) 
is amended by inserting ‘‘By October 1, 2016, each agency 
shall also provide for equivalent metering of natural gas, 
steam, chilled water, and water, in accordance with guide-
lines established by the Secretary under paragraph (2).’’ 
after ‘‘buildings of the agency.’’. 
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SEC. 206. LEASING. 
(a) IN GENERAL.—Except as provided in subsection 
(b), effective 3 years after the date of enactment of this 
Act, no Federal agency shall enter into a new contract 
to lease space in a building that has not earned the Energy 
Star label in the most recent year. 
(b) EXCEPTION.—If— 
(1) no space is available in such a building that 
meets an agency’s functional requirements, including 
locational needs; or 
(2) the agency is proposing to remain in a 
building that the agency has occupied previously, 
the agency may enter into a contract to lease space in 
a building that has not earned the Energy Star label in 
the most recent year if the lease contract includes provi-
sions requiring that, prior to occupancy, or in the case 
of a contract described in paragraph (2) not later than 
6 months after signing the contract, the space will be ren-
ovated for all energy efficiency improvements that would 
be cost effective over a 5-year period or the life of the 
lease, whichever is greater, including improvements in 
lighting, windows, and heating, ventilation, and air condi-
tioning systems. 
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SEC. 207. PROCUREMENT AND ACQUISITION OF ALTER-
NATIVE FUELS. 
No Federal agency shall enter into a contract for pro-
curement of an alternative or synthetic fuel, including a 
fuel produced from non-conventional petroleum sources, 
for any mobility-related use, other than for research or 
testing, unless the contract specifies that the lifecycle 
greenhouse gas emissions associated with the production 
and combustion of the fuel supplied under the contract 
must, on an ongoing basis, be less than or equal to or 
less than such emissions from the equivalent conventional 
fuel produced from conventional petroleum sources. 
SEC. 208. CONTRACTS FOR RENEWABLE ENERGY FOR EX-
ECUTIVE AGENCIES. 
Section 501(b)(1) of title 40, United States Code, is 
amended— 
(1) in subparagraph (B), by striking ‘‘A con-
tract’’ and inserting ‘‘Except as provided in subpara-
graph (C), a contract’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) RENEWABLE ENERGY CONTRACTS.— 
A contract for renewable energy may be made 
for a period of not more than 20 years. For the 
purposes of this subparagraph, the term ‘renew-
able energy’ has the meaning given that term in 
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section 203(b) of the Energy Policy Act of 
2005 (42 U.S.C. 15852(b)(2)), except that en-
ergy generated from municipal solid waste shall 
not be considered renewable energy.’’. 
SEC. 209. GOVERNMENT EFFICIENCY STATUS REPORTS. 
(a) IN GENERAL.—Each Federal agency subject to 
any of the requirements of this Act and the amendments 
made by this Act shall compile and submit to the Director 
of the Office of Management and Budget an annual Gov-
ernment efficiency status report on— 
(1) compliance by the agency with each of the 
requirements of this Act and the amendments made 
by this Act; and 
(2) the status of the implementation by the 
agency of initiatives to improve energy efficiency, re-
duce energy costs, and reduce emissions of green-
house gases. 
(b) SUBMISSION.—Such report shall be submitted— 
(1) to the Director at such time as the Director 
requires; 
(2) in electronic, not paper, format; and 
(3) consistent with related reporting require-
ments. 
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SEC. 210. OMB GOVERNMENT EFFICIENCY REPORTS AND 
SCORECARDS. 
(a) REPORTS.—Not later than April 1 of each year, 
the Director of the Office of Management and Budget 
shall submit an Annual Government Efficiency report to 
the Committee on Oversight and Government Reform of 
the House of Representatives and the Committee on Gov-
ernmental Affairs of the Senate, which shall contain— 
(1) a summary of the information reported by 
agencies under section 209; 
(2) an evaluation of the Government’s overall 
progress toward achieving the goals of this Act and 
the amendments made by this Act; and 
(3) recommendations for additional actions nec-
essary to meet the goals of this Act and the amend-
ments made by this Act. 
(b) SCORECARDS.—The Office of Management and 
Budget shall include in any annual energy scorecard it is 
otherwise required to submit a description of each agen-
cy’s compliance with the requirements of this Act and the 
amendments made by this Act. 
SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to implement this title. 
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SEC. 212. JUDICIAL REVIEW. 
(a) FINAL AGENCY ACTION.—Any nondiscretionary 
act or duty under this Act or any amendment made by 
this Act is a final agency action for the purposes of judi-
cial review under chapter 7 of title 5, United States Code. 
Except as inconsistent with this section, the provisions of 
such chapter shall apply to actions under this section. 
(b) CITIZEN SUITS.—Except as otherwise provided in 
subsection (c), a person aggrieved within the meaning of 
this Act may commence a civil action against any Federal 
agency that has a responsibility under this Act or any 
amendment made by this Act where there is an alleged 
failure of such agency— 
(1) to collect and report information to the pub-
lic via its website as required under this Act or any 
amendment made by this Act, including collecting 
and reporting such information according to the 
schedules set forth in this Act or any amendment 
made by this Act; 
(2) to perform any nondiscretionary act or duty 
under this Act or any amendment made by this Act 
other than those duties identified in paragraph (1); 
or 
(3) to perform any nondiscretionary act or duty 
according to the schedules set forth in this Act or 
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any amendment made by this Act other than those 
duties identified in paragraph (1). 
In a civil action under this subsection, the district courts 
of the United States shall have jurisdiction, without re-
gard to the amount in controversy or the citizenship of 
the parties, to order a Federal agency to perform such 
act or duty. The courts shall advance on the docket, and 
expedite the disposition of, all causes filed therein pursu-
ant to this subsection. If the court finds that a Federal 
agency has failed to comply with a deadline established 
in this Act or any amendment made by this Act, the court 
shall have jurisdiction to order appropriate relief, includ-
ing relief that will ensure the Federal agency’s compliance 
with future deadlines for the same circumstances. 
(c) LIMITATION.—No action may be commenced 
under subsection (b) prior to 60 days after the date on 
which the plaintiff has given notice of the alleged failure 
to the Federal agency concerned. 
(d) LITIGATION COSTS.—In any judicial proceeding 
under this section, the court may award costs of litigation, 
including reasonable attorney fees and expert fees, to any 
substantially prevailing plaintiff or to any other plaintiff 
whenever the court determines such an award is appro-
priate. Such an award, and an award under subsection 
(e), is appropriate when such litigation contributes to a 
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Federal agency’s compliance with this Act or any amend-
ment made by this Act. 
(e) REMEDY.—With respect to a claim under sub-
section (b)(2) or (b)(3), in addition to any relief author-
ized under chapter 7 of title 5, United States Code, a 
court may award a payment up to the amount provided 
in section 1332(b) of title twenty-eight, United States 
Code, for a significant violation of this Act, payable by 
the United States Treasury, to a plaintiff to mitigate any 
impact from global warming suffered by the plaintiff, or 
to be used in a beneficial mitigation project selected by 
the plaintiff that is consistent with this Act. 
(f) PRESERVATION OF OTHER RELIEF.—Nothing in 
this section shall restrict any right which any person, or 
class of persons, may have under any statute or common 
law to seek enforcement of this Act or any amendment 
made by this Act, or any rule thereunder, or to seek any 
other relief. 
(g) DEFINITION.—For the purposes of this section, 
and consistent with the findings in section 2, a person is 
‘‘aggrieved’’ if a Federal agency fails to reduce its green-
house gas emissions in accordance with the requirements 
under this Act or any amendment made by this Act, or 
if a Federal agency fails to collect and provide information 
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to the public as required by this Act or any amendment 
made by this Act. 
Æ 
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