egories of projects that reduce greenhouse gas emis-
sions or sequester carbon in accordance with sub-
section (c); and 
(2) establish criteria for qualified renewable en-
ergy certificates to ensure that energy generated is re-
newable and is in accordance with subsection (d). 
(f) REPORT.—The Comptroller General of the United 
States shall evaluate the pilot program established by this 
section, including identifying environmental and other ben-
efits of the program, as well as its financial costs and any 
disadvantages associated with the program. No later than 
April 1, 2011, the Comptroller General shall provide a re-
port to the Committee on Oversight and Government Re-
form of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate providing the details of the evaluation and any rec-
ommendations for improvement. 
(g) ADDITIONAL DEFINITIONS.—In this section: 
(1) Notwithstanding section 105(3) of this Act, 
the term ‘‘Executive agency’’ has the meaning given 
to such term in section 105 of title 5, United States 
Code. 
(2) The term ‘‘renewable energy’’ has the mean-
ing given that term in section 203(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15852(b)(2)), except 
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that energy generated from municipal solid waste 
shall not be renewable energy. 
(h) AUTHORIZATION.—Of the amount of discretionary 
funds available to each Executive agency or legislative 
branch office for each of fiscal years 2009 and 2010, not 
more than 0.01 percent of such amount may be used for 
the purpose of carrying out this section. Such funding shall 
be in addition to any other funds available to the Executive 
agency or legislative branch office for such purpose. 
(i) SUNSET CLAUSE.—This section ceases to be effec-
tive at the end of fiscal year 2010. 
SEC. 104. SAVINGS CLAUSE. 
Nothing in this Act or any amendment made by this 
Act shall be interpreted to preempt or limit the authority 
of a State to take any action to address global warming. 
SEC. 105. DEFINITIONS. 
In this title: 
(1) The term ‘‘Administrator’’ means the Admin-
istrator of the Environmental Protection Agency. 
(2) The term ‘‘carbon dioxide equivalent’’ means, 
for each greenhouse gas, the quantity of the green-
house gas that makes the same contribution to global 
warming as 1 metric ton of carbon dioxide, as deter-
mined by the Administrator, taking into account the 
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global warming potentials published by the Intergov-
ernmental Panel on Climate Change. 
(3) The term ‘‘agency’’ has the meaning given to 
that term in section 551 of the National Energy Con-
servation Policy Act (42 U.S.C. 8259). 
(4) The term ‘‘greenhouse gas’’ means— 
(A) carbon dioxide; 
(B) methane; 
(C) nitrous oxide; 
(D) hydrofluorocarbons; 
(E) perfluorocarbons; 
(F) sulfur hexafluoride; or 
(G) any other anthropogenically-emitted gas 
that the Administrator, after notice and com-
ment, determines contributes to global warming 
to a non-negligible degree. 
SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as 
may be necessary to implement this title. 
TITLE 
II—FEDERAL 
GOVERN-
MENT ENERGY EFFICIENCY 
SEC. 201. FEDERAL VEHICLE FLEETS. 
Section 303 of the Energy Policy Act of 1992 (42 
U.S.C. 13212) is amended— 
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(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) VEHICLE EMISSION REQUIREMENTS.— 
‘‘(1) PROHIBITION.—No Federal agency shall ac-
quire a light duty motor vehicle or medium duty pas-
senger vehicle that is not a low greenhouse gas emit-
ting vehicle. 
‘‘(2) GUIDANCE.—Each year, the Administrator 
of the Environmental Protection Agency shall issue 
guidance identifying the makes and model numbers of 
vehicles that are low greenhouse gas emitting vehicles. 
In identifying such vehicles, the Administrator shall 
take into account the most stringent standards for ve-
hicle greenhouse gas emissions applicable to and en-
forceable against motor vehicle manufacturers for ve-
hicles sold anywhere in the United States. The Ad-
ministrator shall not identify any vehicle as a low 
greenhouse gas emitting vehicle if the vehicle emits 
greenhouse gases at a higher rate than such standards 
allow for the manufacturer’s fleet average grams per 
mile of carbon dioxide-equivalent emissions for that 
class of vehicle, taking into account any emissions al-
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lowances and adjustment factors such standards pro-
vide. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘medium duty passenger vehicle’ has 
the meaning given that term section 523.2 of title 49 
of the Code of Federal Regulations.’’. 
SEC. 202. AGENCY ANALYSES FOR MOBILITY ACQUISITIONS. 
(a) COST ESTIMATE REQUIREMENT.—Each Federal 
agency that owns, operates, maintains, or otherwise funds 
infrastructure, assets, or personnel to provide delivery of 
fuel to its operations shall apply activity based cost ac-
counting principles to estimate the fully burdened cost of 
fuel. 
(b) USE OF COST ESTIMATE.—Each agency shall use 
the fully burdened cost of fuel, as estimated under subsection 
(a), in conducting analyses and making decisions regarding 
its activities that create a demand for energy. Such analyses 
and decisions shall include— 
(1) the use of models, simulations, wargames, 
and other analytical tools to determine the types of 
energy consuming equipment that an agency needs to 
conduct its missions; 
(2) life-cycle cost benefit analyses and other 
trade-off analyses for determining the cost effective-
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ness of measures that improve the energy efficiency of 
an agency’s equipment and systems; 
(3) analyses and decisions conducted or made by 
others for the agency; and 
(4) procurement and acquisition source selection 
criteria, requests for proposals, and best value deter-
minations. 
(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— 
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(1) in subsection (b)(1), by inserting ‘‘in a prod-
uct category covered by the Energy Star program or 
the Federal Energy Management Program for des-
ignated products’’ after ‘‘energy consuming product’’; 
(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 General 
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 subpara-
graph: 
‘‘(D) Not later than 1 year after the date of enactment 
of the Carbon-Neutral Government Act of 2007, the Sec-
retary shall establish, by rule, revised Federal building en-
ergy 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 consumption of 
the buildings is reduced, as compared with such 
energy consumption by a similar building in fis-
cal year 2003 (as measured by Commercial 
Buildings Energy Consumption Survey or Resi-
dential Energy Consumption Survey data from 
the Energy Information Agency), by the percent-
age specified in the following 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 Leader-
ship in Energy and Environmental Design 
(LEED) certification for New Construction and 
Major Renovation is applicable, such buildings 
shall be designed to meet, at a minimum, the 
LEED silver level standard (or any successor 
standard thereto), or if any additional capital 
cost is projected to be recoverable through energy 
and other operational cost savings 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-effec-
tive.’’. 
(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 simi-
lar requirements.’’ and inserting ‘‘. Such term shall 
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include buildings built for the purpose of being leased 
by a Federal agency, and privatized military hous-
ing.’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(17) The term ‘major renovation’ means the 
renovation of a major component or substantial struc-
tural part of a building that materially increases the 
value of the building, substantially prolongs 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.—Section 
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 great-
er than $75,000 per year in energy costs, annually 
benchmark the energy efficiency performance of the 
building and, where feasible, rate that performance 
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 benchmark 
and rate the building’s performance. 
‘‘(3) USE OF INFORMATION TO ENHANCE BUILD-
ING MANAGEMENT.—The Federal facilities manager 
for each building subject to the requirements in para-
graph (1) shall use the benchmark performance, rat-
ing, and annual energy costs to identify and evaluate 
opportunities for improving the building’s energy effi-
ciency performance and reducing costs. 
‘‘(4) PUBLIC DISCLOSURE.—Each Federal agen-
cy shall post the benchmarking information generated 
under this subsection, along with each building’s an-
nual energy use per square foot and energy costs, on 
the agency’s website. The agency shall update such in-
formation each year, and shall include in such report-
ing previous years’ information to allow changes in 
building performance to be tracked over time. 
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‘‘(g) RECOMMISSIONING
AND DIAGNOSTIC ENERGY 
AUDIT.— 
‘‘(1) REQUIREMENT.—Each Federal agency shall 
each year recommission or retrocommission, as appli-
cable, and conduct a diagnostic energy audit with re-
spect to, approximately 20 percent of its Federal 
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 BUILD-
ING MANAGEMENT.—The Federal facilities manager 
for each building and the agency official responsible 
for facilities management shall use the information 
produced from the energy audits under paragraph (1) 
as a management tool for prioritizing capital expend-
itures for maintenance and building upgrades and al-
locating 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 
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 renovation, 
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rehabilitation, expansion, or remodeling of existing space, 
employs the most energy efficient designs, systems, equip-
ment, 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 Federal agency shall 
develop a process for reviewing each such large capital en-
ergy investment decision to ensure that the requirement of 
this subsection is met, and shall report to the Office of Man-
agement and Budget on the process established. This process 
shall incorporate the information produced under sub-
sections (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 En-
ergy 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.’’. 
SEC. 206. LEASING. 
(a) IN GENERAL.—Except as provided in subsection 
(b), effective 3 years after the date of enactment of this Act, 
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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 provisions 
requiring that, prior to occupancy, or in the case of a con-
tract described in paragraph (2) not later than 6 months 
after signing the contract, the space will be renovated for 
all energy efficiency improvements that would be cost effec-
tive over a 5-year period or the life of the lease, whichever 
is greater, including improvements in lighting, windows, 
and heating, ventilation, and air conditioning systems. 
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, 
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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 such emissions from the equiv-
alent conventional fuel produced from conventional petro-
leum sources. 
SEC. 208. CONTRACTS FOR RENEWABLE ENERGY FOR EXEC-
UTIVE 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 pur-
poses of this subparagraph, the term ‘renewable 
energy’ has the meaning given that term in sec-
tion 203(b) of the Energy Policy Act of 2005 (42 
U.S.C. 15852(b)(2)), except that energy gen-
erated from municipal solid waste shall not be 
considered renewable energy.’’. 
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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 Government 
efficiency status report on— 
(1) compliance by the agency with each of the re-
quirements of this Act and the amendments made by 
this Act; 
(2) the status of the implementation by the agen-
cy of initiatives to improve energy efficiency, reduce 
energy costs, and reduce emissions of greenhouse 
gases; and 
(3) savings to American taxpayers resulting 
from mandated improvements under this Act and the 
amendments made by this Act. 
(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. 
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 
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submit an Annual Government Efficiency report to the 
Committee on Oversight and Government Reform of the 
House of Representatives and the Committee on Govern-
mental 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 agency’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. 
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 judicial 
review under chapter 7 of title 5, United States Code. 
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(b) VENUE
FOR
CERTAIN
ACTIONS.—The United 
States Court of Appeals for the District of Columbia Circuit 
shall have exclusive jurisdiction over any petition for review 
of action of the Administrator in promulgating any rule 
under title I of this Act. 
(c) LIMITATIONS.—No action under chapter 7 of title 
5, United States Code, may be commenced prior to 60 days 
after the date on which the plaintiff has given notice to the 
Federal agency concerned of the alleged violation of this Act 
or any amendment made by this Act. 
(d) COMMON CLAIMS.—When civil actions arising 
under this Act or any amendment made by this Act are 
pending in the same court and involve one or more common 
questions of fact or common claims regarding the same al-
leged Federal agency failure or failures to act, the court 
may consolidate such claims into a single action for judicial 
review. When civil actions arising under this Act or any 
amendment made by this Act are pending in different dis-
tricts and involve one or more common questions of fact 
or common claims regarding the same alleged Federal agen-
cy failure or failures to act, such actions may be consoli-
dated pursuant to section 1407 of title 28, United States 
Code. 
(e) AGGRIEVED PERSONS.—A person shall be consid-
ered aggrieved within the meaning of this Act or any 
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amendment made by this Act for purposes of obtaining ju-
dicial review under chapter 7 of title 5, United States Code, 
if the person alleges— 
(1) harm attributable to a Federal agency’s fail-
ure to reduce its greenhouse gas emissions in accord-
ance with the requirements under this Act or any 
amendment made by this Act, or take other actions 
required under this Act or any amendment made by 
this Act; or 
(2) a Federal agency’s failure to collect and pro-
vide information to the public as required by this Act 
or any amendment made by this Act. 
For purposes of this section, the term ‘‘harm’’ includes any 
effect of global warming, currently occurring or at risk of 
occurring, and the incremental exacerbation of any such ef-
fect or risk that is associated with relatively small incre-
ments of greenhouse gas emissions, even if the effect or risk 
is widely shared. An effect or risk associated with global 
warming is ‘‘attributable’’ to a Federal agency’s failure to 
act as described in paragraph (1) if the failure to act results 
in larger emissions of greenhouse gases than would have 
been emitted had the Federal agency followed the require-
ments of this Act or any amendment made by this Act, as 
any such incremental additional emissions will exacerbate 
the pace, extent, and risks of global warming. 
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(f) REMEDY.— 
(1) IN GENERAL.—In addition to the remedies 
available under chapter 7 of title 5, United States 
Code, a court may provide the remedies specified in 
this subsection. 
(2) PAYMENT.—In any civil action alleging a 
violation of this Act, if the court finds that an agency 
has significantly violated this Act in its failure to 
perform any nondiscretionary act or duty under this 
Act or any amendment made by this Act, the court 
may award a payment, payable by the United States 
Treasury, to be used for a beneficial mitigation 
project recommended by the plaintiff or to compensate 
the plaintiff for any impact from global warming suf-
fered by the plaintiff. The total payment for all 
claims by all plaintiffs in any such action shall not 
exceed the amount provided in section 1332(b) of title 
28, United States Code. A court may deny a second 
payment under this section if the court determines 
that the plaintiff has filed multiple separate actions 
that could reasonably have been combined into a sin-
gle action. No payment may be awarded under this 
paragraph for violations of an agency’s obligation to 
collect or report information to the public. No court 
may award any payment under this paragraph in 
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any given year if the cumulative payments awarded 
by courts under this paragraph in such year are 
equal to or greater than $1,500,000. 
(3) COSTS.—A court may award costs of litiga-
tion to any substantially prevailing plaintiff or to 
any other plaintiff whenever the court determines 
such an award is appropriate. Such an award is ap-
propriate when such litigation contributes to the Fed-
eral agency’s compliance with this Act or any amend-
ment made by this Act. Costs of litigation include 
reasonable attorney fees and expert fees. 
(4) EXCLUSIVE REMEDY.—Notwithstanding any 
other provision of Federal law— 
(A) no plaintiff who is awarded a payment 
under this subsection for a failure to perform a 
mandatory duty under this Act or any amend-
ment made by this Act may be awarded a pay-
ment for such failure under any other Federal 
law; and 
(B) no plaintiff may be awarded a payment 
under this subsection for a failure to perform a 
mandatory duty under this Act or any amend-
ment made by this Act if the plaintiff has been 
awarded a payment for such failure under any 
other Federal law. 
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(g) NO STATE COURT ACTION.—No person may bring 
any action in State court alleging a violation of this Act 
or any amendment made by this Act. 
(h) DEFINITION.—In this section, the term ‘‘person’’ 
means a United States person. In the case of an individual, 
such term means a citizen or national of the United States. 
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Union Calendar No. 187 
110TH CONGRESS 
1ST SESSION 
H. R. 2635 
[Report No. 110–297, Part I] 
A BILL 
To reduce the Federal Government’s contribution 
to global warming through measures that pro-
mote efficiency in the Federal Government’s 
management and operations, and for other pur-
poses. 
AUGUST 3, 2007 
Reported from the Committee on Oversight and 
Government Reform with an amendment 
AUGUST 3, 2007 
Committees on Energy and Commerce, Armed Services, 
Transportation and Infrastructure, Natural Resources, 
and Agriculture discharged; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
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