datamatters24/research-document-archive huggingface dataset:
563 
‘‘(ii) is the efficiency level required by a 
regulation of that State for which the Secretary 
has issued a rule granting a waiver under sub-
section (d) of this section; or 
‘‘(iii) is a level that, when evaluated in the 
baseline building design, the State has found to 
be feasible and cost-effective.’’. 
SEC. 9034. REAUTHORIZATION OF WEATHERIZATION AS-
SISTANCE PROGRAM. 
(a) AMENDMENT.—Section 422 of the Energy Con-
servation and Production Act (42 U.S.C. 6872) is amend-
ed by striking ‘‘$500,000,000 for fiscal year 2006, 
$600,000,000 for fiscal year 2007, and $700,000,000 for 
fiscal year 2008’’ and inserting ‘‘$600,000,000 for fiscal 
year 2007, and $750,000,000 for each of fiscal years 
2008, 2009, 2010, 2011, and 2012. From those sums, the 
Secretary is authorized to initiate an Alternative Delivery 
System Pilot Project to examine options for decreasing en-
ergy consumption associated with heating and cooling 
while increasing household participation by focusing on 
key energy saving components. Alternative Delivery Sys-
tem Pilot Projects should be undertaken in both hot and 
cold urban areas’’. 
(b) SUSTAINABLE ENERGY RESOURCES FOR CON-
SUMERS GRANTS.—(1) The Secretary of Energy may 
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make funding available to local Weatherization agencies 
from amounts authorized under the amendment made by 
subsection (a) to expand the weatherization assistance 
program for residential buildings to include materials, 
benefits, and renewable and domestic energy technologies 
not currently covered by the program, provided that the 
State Weatherization grantee has certified that the appli-
cant has the capacity to carry out the proposed activities 
and that the grantee will include the project in its finan-
cial oversight of the Weatherization Assistance program. 
(2) In selecting the grants, the program shall give 
priority to— 
(A) the expected effectiveness and benefits of 
the proposed project to low- and moderate income 
energy consumers; 
(B) the potential for replication of successful 
results; 
(C) the impact on the health and safety and en-
ergy costs of those served; and 
(D) the extent of partnerships with other public 
and private entities that contribute to the resources 
and implementation of the program, including finan-
cial partnerships. 
(3) Funding for such projects may equal up to two 
percent of funding in any fiscal year, provided that no 
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funding is utilized for Sustainable Energy Resources for 
Consumers grants in any fiscal year in which Weatheriza-
tion appropriations are less than $275,000,000. 
PART 4—COMMERCIAL AND FEDERAL BUILDING 
EFFICIENCY 
SEC. 9041. DEFINITIONS. 
In this part: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Green Building Advi-
sory 
Committee 
established 
under 
section 
9042(c)(2). 
(3) COMMERCIAL DIRECTOR.—The term Com-
mercial Director means the individual appointed to 
the position established under section 9043(a). 
(4) CONSORTIUM.—The term ‘‘Consortium’’ 
means the High-Performance Green Building Part-
nership Consortium created in response to section 
9042(c)(1) to represent the private sector in a pub-
lic-private partnership to promote high-performance 
green buildings and zero-net-energy commercial 
buildings. 
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(5) FEDERAL DIRECTOR.—The term ‘‘Federal 
Director’’ means the individual appointed to the po-
sition established under section 9042(a). 
(6) FEDERAL
FACILITY.—The term ‘‘Federal 
facility’’ means any building that is constructed, ren-
ovated, leased, or purchased in part or in whole for 
use by the Federal Government. 
(7) HIGH-PERFORMANCE
GREEN
BUILDING.— 
The term ‘‘high-performance green building’’ means 
a building that, during its life-cycle, as compared 
with similar buildings (as measured by Commercial 
Buildings Energy Consumption Survey or Residen-
tial Energy Consumption Survey data from the En-
ergy Information Agency)— 
(A) reduces energy, water, and material re-
source use; 
(B) improves indoor environmental quality, 
including reducing indoor pollution, improving 
thermal comfort, and improving lighting and 
acoustic environments that affect occupant 
health and productivity; 
(C) reduces negative impacts on the envi-
ronment throughout the life-cycle of the build-
ing, including air and water pollution and waste 
generation; 
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(D) increases the use of environmentally 
preferable products, including biobased, recycled 
content, and nontoxic products with lower life- 
cycle impacts; 
(E) increases reuse and recycling opportu-
nities; 
(F) integrates systems in the building; 
(G) reduces the environmental and energy 
impacts of transportation through building loca-
tion and site design that support a full range 
of transportation choices for users of the build-
ing; and 
(H) considers indoor and outdoor effects of 
the building on human health and the environ-
ment, including— 
(i) improvements in worker produc-
tivity; 
(ii) the life-cycle impacts of building 
materials and operations; and 
(iii) other factors that the Federal Di-
rector or the Commercial Director consider 
to be appropriate. 
(8) LIFE-CYCLE.—The term ‘‘life-cycle’’, with 
respect to a high-performance green building, means 
all stages of the useful life of the building (including 
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components, equipment, systems, and controls of the 
building) beginning at conception of a high-perform-
ance green building project and continuing through 
site selection, design, construction, landscaping, 
commissioning, operation, maintenance, renovation, 
deconstruction or demolition, removal, and recycling 
of the high-performance green building. 
(9) LIFE-CYCLE ASSESSMENT.—The term ‘‘life- 
cycle assessment’’ means a comprehensive system 
approach for measuring the environmental perform-
ance of a product or service over the life of the prod-
uct or service, beginning at raw materials acquisition 
and continuing through manufacturing, transpor-
tation, installation, use, reuse, and end-of-life waste 
management. 
(10) LIFE-CYCLE
COSTING.—The term ‘‘life- 
cycle costing’’, with respect to a high-performance 
green building, means a technique of economic eval-
uation that— 
(A) sums, over a given study period, the 
costs of initial investment (less resale value), re-
placements, operations (including energy use), 
and maintenance and repair of an investment 
decision; and 
(B) is expressed— 
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(i) in present value terms, in the case 
of a study period equivalent to the longest 
useful life of the building, determined by 
taking into consideration the typical life of 
such a building in the area in which the 
building is to be located; or 
(ii) in annual value terms, in the case 
of any other study period. 
(11) OFFICE OF COMMERCIAL HIGH-PERFORM-
ANCE
GREEN
BUILDINGS.—The term ‘‘Office of 
Commercial High-Performance Green Buildings’’ re-
fers to the office established under section 9043(a). 
(12) OFFICE OF FEDERAL HIGH-PERFORMANCE 
GREEN BUILDINGS.—The term ‘‘Office of Federal 
High-Performance Green Buildings’’ refers to the 
Office established undersection 9042(a). 
(13) PRACTICES.—The term ‘‘practices’’ means 
design, financing, permitting, construction, commis-
sioning, operation and maintenance, and other prac-
tices that contribute to achieving zero-net-energy 
buildings or facilities. 
(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Energy. 
(15) ZERO-NET-ENERGY
COMMERCIAL
BUILD-
ING.—The term ‘‘zero-net-energy commercial build-
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ing’’ means a commercial building that is designed, 
constructed, and operated to— 
(A) require a greatly reduced quantity of 
energy to operate; 
(B) meet the balance of energy needs from 
sources of energy that do not produce green-
house gases; 
(C) therefore result in no net emissions of 
greenhouse gases; and 
(D) be economically viable. 
SEC. 9042. HIGH-PERFORMANCE GREEN FEDERAL BUILD-
INGS. 
(a) ESTABLISHMENT OF OFFICE.—Not later than 60 
days after the date of enactment of this Act, the Adminis-
trator shall establish within the General Services Adminis-
tration an Office of Federal High-Performance Green 
Buildings, and appoint an individual to serve as Federal 
Director in, a position in the career-reserved Senior Exec-
utive service, to— 
(1) establish and manage the Office of Com-
mercial High-Performance Green Buildings; and 
(2) carry out other duties as required under 
this part. 
(b) COMPENSATION.—The compensation of the Fed-
eral Director shall not exceed the maximum rate of basic 
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pay for the Senior Executive Service under section 5382 
of title 5, United States Code, including any applicable 
locality-based comparability payment that may be author-
ized under section 5304(h)(2)(C) of that title. 
(c) DUTIES.—The Federal Director shall— 
(1) coordinate the activities of the Office of 
Federal High-Performance Green Buildings with the 
activities of the Office of Commercial High-Perform-
ance Green Buildings; 
(2) ensure full coordination of high-performance 
green building information and activities within the 
General Services Administration and all relevant 
agencies, including, at a minimum— 
(A) the Environmental Protection Agency; 
(B) the Office of the Federal Environ-
mental Executive; 
(C) the Office of Federal Procurement Pol-
icy; 
(D) the Department of Energy; 
(E) the Department of Health and Human 
Services; and 
(F) the Department of Defense; 
(3) establish a senior-level Federal Green Build-
ing Advisory Committee, which shall provide advice 
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and recommendations in accordance with subsection 
(d); 
(4) identify and biennially reassess improved or 
higher rating standards recommended by the Advi-
sory Committee; 
(5) ensure full coordination of research and de-
velopment information relating to Federal high-per-
formance green building initiatives; 
(6) identify and develop Federal high-perform-
ance green building standards that could be used for 
all types of Federal facilities; 
(7) establish green practices that can be used 
throughout the life of a Federal facility; and 
(8) review and analyze current Federal budget 
practices and life-cycle costing issues, and make rec-
ommendations to Congress, in accordance with sub-
section (d). 
(d) ADDITIONAL DUTIES.—The Federal Director, in 
coordination with the Commercial Director and the Advi-
sory Committee, shall— 
(1) identify, review, and analyze current budget 
and contracting practices that affect achievement of 
high-performance green buildings, including the 
identification of barriers to high-performance green 
building life-cycle costing and budgetary issues; 
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(2) develop guidance and conduct training ses-
sions with budget specialists and contracting per-
sonnel from Federal agencies and budget examiners 
to apply life-cycle cost criteria to actual projects; 
(3) identify tools to aid life-cycle cost decision-
making; and 
(4) explore the feasibility of incorporating the 
benefits of high-performance green buildings, such 
as security benefits, into a cost-budget analysis to 
aid in life-cycle costing for budget and decision-
making processes. 
(e) INCENTIVES.—As soon as practicable after the 
date of enactment of this Act, the Federal Director shall 
identify incentives to encourage the use of high-perform-
ance green buildings and related technology in the oper-
ations of the Federal Government, including through— 
(1) the provision of recognition awards; and 
(2) the maximum feasible retention of financial 
savings in the annual budgets of Federal agencies 
for use in reinvesting in future high-performance 
green building initiatives. 
(f) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the 
Federal Director shall submit to Congress a report that— 
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(1) describes the status of the Federal high-per-
formance green building initiatives in effect as of the 
date of the report, including— 
(A) the extent to which the programs are 
being carried out in accordance with this part; 
and 
(B) the status of funding requests and ap-
propriations for those programs; 
(2) identifies within the planning, budgeting, 
and construction process all types of Federal facility 
procedures that inhibit new and existing Federal fa-
cilities from becoming high-performance green build-
ings; 
(3) identifies inconsistencies, as reported to the 
Advisory Committee, in Federal law with respect to 
product acquisition guidelines and high-performance 
product guidelines; 
(4) recommends language for uniform stand-
ards for use by Federal agencies in environmentally 
responsible acquisition; 
(5) in coordination with the Office of Manage-
ment and Budget, reviews the budget process for 
capital programs with respect to alternatives for— 
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(A) restructuring of budgets to require the 
use of complete energy and environmental cost 
accounting; 
(B) using operations expenditures in budg-
et-related decisions while simultaneously incor-
porating productivity and health measures (as 
those measures can be quantified by the Office 
of Federal High-Performance Green Buildings, 
with the assistance of universities and national 
laboratories); 
(C) permitting Federal agencies to retain 
all identified savings accrued as a result of the 
use of life-cycle costing for future high-perform-
ance green building initiatives; and 
(D) identifying short-term and long-term 
cost savings that accrue from high-performance 
green buildings, including those relating to 
health and productivity; 
(6) identifies green, self-sustaining technologies 
to address the operational needs of Federal facilities 
in times of national security emergencies, natural 
disasters, or other dire emergencies; 
(7) summarizes and highlights development, at 
the State and local level, of high-performance green 
building initiatives, including executive orders, poli-
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cies, or laws adopted promoting high-performance 
green building (including the status of implementa-
tion of those initiatives); and 
(8) includes, for the 2-year period covered by 
the report, recommendations to address each of the 
matters, and a plan for implementation of each rec-
ommendation, described in paragraphs (1) through 
(7). 
(g) IMPLEMENTATION.—The Office of Federal High- 
Performance Green Buildings shall carry out each plan 
for implementation of recommendations under subsection 
(f)(8). 
SEC. 
9043. 
COMMERCIAL 
HIGH-PERFORMANCE 
GREEN 
BUILDINGS. 
(a) ESTABLISHMENT OF OFFICE.—Not later than 60 
days after the date of enactment of this Act, the Secretary 
shall establish within the Department of Energy, Office 
of Energy Efficiency and Renewable Energy, an Office of 
Commercial High-Performance Green Buildings, and ap-
point an individual to serve as Commercial Director in, 
a position in the career-reserved Senior Executive service, 
to— 
(1) establish and manage the Office of Com-
mercial High-Performance Green Buildings; and 
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(2) carry out other duties as required under 
this part. 
(b) COMPENSATION.—The compensation of the Com-
mercial Director shall not exceed the maximum rate of 
basic pay for the Senior Executive Service under section 
5382 of title 5, United States Code, including any applica-
ble locality-based comparability payment that may be au-
thorized under section 5304(h)(2)(C) of that title. 
(c) DUTIES.—The Commercial Director shall, with 
respect to development of high-performance green build-
ings and zero-energy commercial buildings nationwide— 
(1) coordinate the activities of the Office of 
Commercial High-Performance Green Buildings with 
the activities of the Office of Federal High-Perform-
ance Green Buildings; 
(2) develop the legal predicates and agreements 
for, negotiate, and establish one or more public-pri-
vate partnerships with the Consortium, members of 
the Consortium, and other capable parties meeting 
the qualifications of the Consortium, to further such 
development; 
(3) represent the public and the Department of 
Energy in negotiating and performing in accord with 
such public-private partnerships; 
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(4) use appropriated funds in an effective man-
ner to encourage the maximum investment of private 
funds to achieve such development; and 
(5) establish a national high-performance green 
building clearinghouse in accordance withsection 
9045(1), which shall provide high-performance green 
building information through— 
(A) outreach; 
(B) education; and 
(C) the provision of technical assistance. 
(d) REPORTING.—The Commercial Director shall re-
port directly to the Assistant Secretary for Energy Effi-
ciency and Renewable Energy, or to other senior officials 
in a way that facilitates the integrated program of this 
part for both energy efficiency and renewable energy and 
both technology development and technology deployment. 
(e) COORDINATION.—The Commercial Director shall 
ensure full coordination of high-performance green build-
ing information and activities, including activities under 
this part, within the Federal Government by working with 
the General Services Administration and all relevant agen-
cies, including, at a minimum— 
(1) the Environmental Protection Agency; 
(2) the Office of the Federal Environmental 
Executive; 
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(3) the Office of Federal Procurement Policy; 
(4) the Department of Energy, particularly the 
Federal Energy Management Program; 
(5) the Department of Health and Human 
Services; 
(6) the Department of Housing and Urban De-
velopment; 
(7) the Department of Defense; and 
(8) such nonprofit high-performance green 
building rating and analysis entities as the Commer-
cial Director determines can offer support, expertise, 
and review services. 
(f) HIGH-PERFORMANCE GREEN BUILDING PART-
NERSHIP CONSORTIUM.— 
(1) RECOGNITION.—Not later than 90 days 
after the date of enactment of this Act, the Commer-
cial Director shall formally recognize one or more 
groups that qualify as a high-performance green 
building partnership consortium. 
(2) REPRESENTATION TO QUALIFY.—To qualify 
under this section, any consortium shall include rep-
resentation from— 
(A) the design professions, including na-
tional associations of architects and of profes-
sional engineers; 
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(B) the development, construction, finan-
cial, and real estate industries; 
(C) building owners and operators from 
the public and private sectors; 
(D) academic and research organizations, 
including at least one national laboratory with 
extensive commercial building energy expertise; 
(E) building code agencies and organiza-
tions, including a model energy code-setting or-
ganization; 
(F) independent high-performance green 
building associations or councils; 
(G) experts in indoor air quality and envi-
ronmental factors; 
(H) experts in intelligent buildings and in-
tegrated building information systems; 
(I) utility energy efficiency programs; and 
(J) nongovernmental energy efficiency or-
ganizations. 
(3) FUNDING.—The Secretary may make pay-
ments to the Consortium pursuant to the terms of 
a public-private partnership for such activities of the 
Consortium undertaken under such a partnership as 
described in this part directly to the Consortium or 
through one or more of its members. 
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(g) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the 
Commercial Director, in consultation with the Consor-
tium, shall submit to Congress a report that— 
(1) describes the status of the high-performance 
green building initiatives under this part and other 
Federal programs affecting commercial high-per-
formance green buildings in effect as of the date of 
the report, including— 
(A) the extent to which the programs are 
being carried out in accordance with this part; 
and 
(B) the status of funding requests and ap-
propriations for those programs; and 
(2) summarizes and highlights development, at 
the State and local level, of high-performance green 
building initiatives, including executive orders, poli-
cies, or laws adopted promoting high-performance 
green building (including the status of implementa-
tion of those initiatives). 
SEC. 9044. ZERO-ENERGY COMMERCIAL BUILDINGS INITIA-
TIVE. 
(a) GOAL.—The Commercial Director, in partnership 
with the Consortium, shall periodically study and refine 
a national goal to reduce commercial building energy use 
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