671 
sion or retrocommission each such building and 
facility as applicable. 
‘‘(3) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND WATER EFFICIENCY MEASURES.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the completion of each evaluation under 
paragraph (1), each energy manager— 
‘‘(i) shall fully implement each energy 
and water-saving measure identified in the 
evaluation conducted under paragraph (2) 
that is life-cycle cost-effective and has a 
12-year or shorter simple payback period; 
‘‘(ii) may implement any energy or 
water-saving measure that the Federal 
agency identified in the evaluation con-
ducted under paragraph (1) that is life- 
cycle cost-effective and has longer than a 
12-year simple payback period; and 
‘‘(iii) may bundle individual measures 
of varying paybacks together into combined 
projects. 
‘‘(B) PAYBACK PERIOD.—For the purpose 
of subparagraph (A), the simple payback period 
of a measure shall be obtained by dividing—
672 
‘‘(i) the estimated initial implementa-
tion cost of the measure (other than fi-
nancing costs); by 
‘‘(ii) the annual cost savings from the 
measure. 
‘‘(C) COST SAVINGS.—For the purpose of 
subparagraph (B), cost savings shall include net 
savings in estimated— 
‘‘(i) energy and water costs; and 
‘‘(ii) operations, maintenance, repair, 
replacement, and other direct costs. 
‘‘(D) EXCEPTIONS.—The Secretary may 
modify or make exceptions to the calculation of 
a 12-year simple payback under this paragraph 
in the guidelines issued by the Secretary under 
paragraph (5), if necessary and appropriate to 
achieve the purposes of this Act. 
‘‘(E) LIFE-CYCLE
COST-EFFECTIVE.—For 
the purpose of subparagraph (A), determination 
of whether a measure is life-cycle cost-effective 
shall use methods and procedures developed 
pursuant to section 544. 
‘‘(4) FOLLOW-UP
ON
IMPLEMENTED
MEAS-
URES.—For each measure implemented under para-
graph (3), each energy manager shall ensure that—
673 
‘‘(A) equipment, including building and 
equipment controls, is fully commissioned at ac-
ceptance to be operating at design specifica-
tions; 
‘‘(B) a plan for appropriate operations, 
maintenance, and repair of the equipment is in 
place at acceptance and is followed; 
‘‘(C) equipment and system performance is 
measured during its entire life to ensure proper 
operations, maintenance, and repair; and 
‘‘(D) energy and water savings are meas-
ured and verified. 
‘‘(5) GUIDELINES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
issue guidelines and necessary criteria that each 
Federal agency shall follow for implementation 
of— 
‘‘(i) paragraphs (1) and (2) not later 
than 180 days after the date of enactment 
of this subsection; and 
‘‘(ii) paragraphs (3) and (4) not later 
than 1 year after the date of enactment of 
this subsection. 
‘‘(B) 
RELATIONSHIP
TO
FUNDING 
SOURCE.—The guidelines issued by the Sec-
674 
retary under subparagraph (A) shall be appro-
priate and uniform for measures funded with 
each type of funding made available under 
paragraph (9), but may distinguish between dif-
ferent types of measures project size, and other 
criteria the Secretary determines are relevant. 
‘‘(6) WEB-BASED CERTIFICATION.— 
‘‘(A) IN GENERAL.—For each building or 
facility that meets the criteria established by 
the Secretary under paragraph (1), the energy 
manager shall use the web-based tracking sys-
tem under subparagraph (B) to certify compli-
ance with the requirements for— 
‘‘(i) energy and water evaluations and 
recommissioning and retrocommissioning 
under paragraph (2); 
‘‘(ii) implementation of identified en-
ergy and water measures under paragraph 
(3); and 
‘‘(iii) follow-up on implemented meas-
ures under paragraph (4). 
‘‘(B) DEPLOYMENT.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of this 
subsection, the Secretary shall develop and
675 
deploy the web-based tracking system re-
quired under this paragraph in a manner 
that tracks, at a minimum— 
‘‘(I) the covered buildings and fa-
cilities; 
‘‘(II) the status of meeting the 
requirements specified in subpara-
graph (A); 
‘‘(III) the estimated cost and 
savings for measures required to be 
implemented in a building or facility; 
and 
‘‘(IV) the measured savings and 
persistence of savings for implemented 
measures. 
‘‘(ii) EASE
OF
COMPLIANCE.—The 
Secretary shall ensure that energy man-
ager compliance with the requirements in 
this paragraph, to the greatest extent prac-
ticable, can be accomplished with the use 
of streamlined procedures, and templates 
that minimize the time demands on Fed-
eral employees. 
‘‘(C) AVAILABILITY.—
697 
unpaid amount from the Commercial Di-
rector. 
(ii) 
PAYMENT
REQUIRED.—Within 
such period as may be specified in the 
guarantee or related agreements, the Com-
mercial Director shall pay to the holder of 
the guarantee the unpaid interest on, and 
unpaid principal of the obligation as to 
which the borrower has defaulted, unless 
the Commercial Director finds that there 
was no default by the borrower in the pay-
ment of interest or principal or that the 
default has been remedied. 
(iii) FORBEARANCE.—Nothing in this 
paragraph precludes any forbearance by 
the holder of the obligation for the benefit 
of the borrower which may be agreed upon 
by the parties to the obligation and ap-
proved by the Commercial Director. 
(B) SUBROGATION.— 
(i) IN GENERAL.—If the Commercial 
Director makes a payment under subpara-
graph (A), the Commercial Director shall 
be subrogated to the rights of the recipient 
of the payment as specified in the guar-
698 
antee or related agreements including, 
where appropriate, the authority (notwith-
standing any other provision of law) to— 
(I) complete, maintain, operate, 
lease, or otherwise dispose of any 
property acquired pursuant to such 
guarantee or related agreements; or 
(II) permit the borrower, pursu-
ant to an agreement with the Com-
mercial Director, to continue to pur-
sue the purposes of the project if the 
Commercial Director determines this 
to be in the public interest. 
(ii) SUPERIORITY
OF
RIGHTS.—The 
rights of the Commercial Director, with re-
spect to any property acquired pursuant to 
a guarantee or related agreements, shall be 
superior to the rights of any other person 
with respect to the property. 
(iii) TERMS
AND
CONDITIONS.—A 
guarantee agreement shall include such de-
tailed terms and conditions as the Com-
mercial Director determines appropriate 
to—
699 
(I) protect the interests of the 
United States in the case of default; 
and 
(II) have available all the patents 
and technology necessary for any per-
son selected, including the Commer-
cial Director, to complete and operate 
the project. 
(C) PAYMENT OF PRINCIPAL AND INTER-
EST BY COMMERCIAL DIRECTOR.—With respect 
to any obligation guaranteed under this section, 
the Commercial Director may enter into a con-
tract to pay, and pay, holders of the obligation, 
for and on behalf of the borrower, from funds 
appropriated for that purpose, the principal and 
interest payments which become due and pay-
able on the unpaid balance of the obligation if 
the Commercial Director finds that— 
(i)(I) the borrower is unable to meet 
the payments and is not in default; 
(II) it is in the public interest to per-
mit the borrower to continue to pursue the 
purposes of the project; and 
(III) the probable net benefit to the 
Federal Government in paying the prin-
700 
cipal and interest will be greater than that 
which would result in the event of a de-
fault; 
(ii) the amount of the payment that 
the Commercial Director is authorized to 
pay shall be no greater than the amount of 
principal and interest that the borrower is 
obligated to pay under the agreement 
being guaranteed; and 
(iii) the borrower agrees to reimburse 
the Commercial Director for the payment 
(including interest) on terms and condi-
tions that are satisfactory to the Commer-
cial Director. 
(D) ACTION BY ATTORNEY GENERAL.— 
(i) NOTIFICATION.—If the borrower 
defaults on an obligation, the Commercial 
Director shall notify the Attorney General 
of the default. 
(ii) RECOVERY.—On notification, the 
Attorney General shall take such action as 
is appropriate to recover the unpaid prin-
cipal and interest due from—
701 
(I) such assets of the defaulting 
borrower as are associated with the 
obligation; or 
(II) any other security pledged to 
secure the obligation. 
(9) FEES.— 
(A) IN GENERAL.—The Commercial Direc-
tor shall charge and collect fees for guarantees 
in amounts the Commercial Director determines 
are sufficient to cover applicable administrative 
expenses. 
(B) AVAILABILITY.—Fees collected under 
this paragraph shall— 
(i) be deposited by the Commercial 
Director into the Treasury; and 
(ii) remain available until expended, 
subject to such other conditions as are con-
tained in annual appropriations Acts. 
(10) RECORDS; AUDITS.— 
(A) IN GENERAL.—A recipient of a guar-
antee shall keep such records and other perti-
nent documents as the Commercial Director 
shall prescribe by regulation, including such 
records as the Commercial Director may require 
to facilitate an effective audit.
705 
(i) current use of geothermal heat 
pump technologies in General Services Ad-
ministration facilities; and 
(ii) the availability to managers of 
General Services Administration facilities 
of geothermal heat pumps. 
(B) REQUIREMENTS.—The review under 
subparagraph (A) shall— 
(i) examine the use of geothermal heat 
pumps by Federal agencies in General 
Services Administration facilities; and 
(ii) as prepared in consultation with 
the Administrator of the Environmental 
Protection Agency, identify geothermal 
heat pump technology standards that could 
be used for all types of General Services 
Administration facilities. 
(2) REPLACEMENT.— 
(A) IN GENERAL.—As part of the program 
under this section, not later than 180 days 
after the date of enactment of this Act, the Ad-
ministrator shall establish, using available ap-
propriations, a geothermal heat pump tech-
nology acceleration program to achieve max-
imum feasible replacement of existing heating
706 
and cooling technologies with geothermal heat 
pump technologies in each General Services Ad-
ministration facility. 
(B) ACCELERATION PLAN TIMETABLE.— 
(i) IN GENERAL.—To implement the 
program established under subparagraph 
(A), not later than 1 year after the date of 
enactment of this Act, the Administrator 
shall establish a timetable, including mile-
stones for specific activities needed to re-
place existing heating and cooling tech-
nologies with geothermal heat pump tech-
nologies, to the maximum extent feasible 
(including at the maximum rate feasible), 
at each General Services Administration 
facility. 
(ii) GOAL.—The goal of the timetable 
under clause (i) shall be to complete, using 
available appropriations, maximum feasible 
replacement of existing heating and cooling 
technologies with geothermal heat pump 
technologies by not later than the date that 
is 5 years after the date of enactment of 
this Act.
707 
(d) GENERAL SERVICES ADMINISTRATION FACILITY 
GEOTHERMAL HEAT PUMP TECHNOLOGIES AND PRAC-
TICES.— Not later than 180 days after the date of enact-
ment of this Act, and annually thereafter, the Adminis-
trator shall— 
(1) ensure that a manager responsible for accel-
erating the use of geothermal heat pump tech-
nologies is designated for each General Services Ad-
ministration facility geothermal heat pump tech-
nologies and practices facility; and 
(2) submit to Congress a plan, to be imple-
mented to the maximum extent feasible (including at 
the maximum rate feasible) using available appro-
priations, by not later than the date that is 5 years 
after the date of enactment of this Act, that— 
(A) includes an estimate of the funds nec-
essary to carry out this section; 
(B) describes the status of the implementa-
tion of geothermal heat pump technologies and 
practices at General Services Administration fa-
cilities, including— 
(i) the extent to which programs, in-
cluding the program established under sub-
section (b), are being carried out in ac-
cordance with this Act; and
708 
(ii) the status of funding requests and 
appropriations for those programs; 
(C) identifies within the planning, budg-
eting, and construction processes, all types of 
General Services Administration facility-related 
procedures that inhibit new and existing Gen-
eral Services Administration facilities from im-
plementing geothermal heat pump technologies; 
(D) recommends language for uniform 
standards for use by Federal agencies in imple-
menting geothermal heat pump technologies 
and practices; 
(E) in coordination with the Office of Man-
agement and Budget, reviews the budget proc-
ess for capital programs with respect to alter-
natives for— 
(i) permitting Federal agencies to re-
tain all identified savings accrued as a re-
sult of the use of geothermal heat pump 
technologies; and 
(ii) identifying short- and long-term 
cost savings that accrue from the use of 
geothermal heat pump technologies and 
practices;
709 
(F) achieves substantial operational cost 
savings through the application of geothermal 
heat pump technologies; and 
(G) includes recommendations to address 
each of the matters, and a plan for implementa-
tion of each recommendation, described in sub-
paragraphs (A) through (F). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section, to remain available until 
expended. 
SEC. 9054. GREEN MEETINGS. 
(a) PURCHASE
OF MEETING
AND CONFERENCE 
SERVICES.—Not later than 180 days after the date of the 
enactment of this Act, the Administrator for Federal Pro-
curement Policy shall ensure that the Federal Acquisition 
Regulation is revised to require each Federal agency to 
consider, in each purchase of meeting and conference serv-
ices, the environmentally preferable features and practices 
of a vendor in a manner substantially similar to that re-
quired of the Environmental Protection Agency in section 
1523.703–1 (relating to acquisition of environmentally 
preferable meeting and conference services) and section 
1552.223–71 (relating to EPA Green Meetings and Con-
ferences) of title 48, Code of Federal Regulations, as set
758 
(1) Development and implementation of an En-
ergy Efficiency Strategy under section 9095. 
(2) Retaining technical consultant services to 
assist an eligible entity in the development of such 
Strategy, including— 
(A) formulation of energy efficiency, en-
ergy conservation, and energy usage goals; 
(B) identification of strategies to meet 
such goals through efforts to increase energy ef-
ficiency and reduce energy consumption; 
(C) identification of strategies to encour-
age behavioral changes among the populace 
that will help achieve such goals; 
(D) development of methods to measure 
progress in achieving such goals; 
(E) development and preparation of annual 
reports to the citizenry of the eligible entity’s 
energy efficiency strategies and goals, and 
progress in achieving them; and 
(F) other services to assist in the imple-
mentation of the Energy Efficiency Strategy. 
(3) Conducting energy audits. 
(4) Development and implementation of weath-
erization programs.
759 
(5) Creation of financial incentive programs for 
energy efficiency retrofits, including zero-interest or 
low-interest revolving loan funds. 
(6) Grants to nonprofit organizations and gov-
ernmental agencies for energy retrofits. 
(7) Development and implementation of energy 
efficiency programs and technologies for buildings 
and facilities of nonprofit organizations and govern-
mental agencies. 
(8) Development and implementation of build-
ing and home energy conservation programs, includ-
ing— 
(A) design and operation of the programs; 
(B) identifying the most effective methods 
for achieving maximum participation and effi-
ciency rates; 
(C) public education; 
(D) measurement protocols; and 
(E) identification of energy efficient tech-
nologies. 
(9) Development and implementation of energy 
conservation programs, including— 
(A) use of flex time by employers; 
(B) satellite work centers; and
760 
(C) other measures that have the effect of 
increasing energy efficiency and decreasing en-
ergy consumption. 
(10) Development and implementation of build-
ing codes and inspection services for public, commer-
cial, industrial, and single and multifamily residen-
tial buildings to promote energy efficiency. 
(11) Application and implementation of alter-
native energy and energy distribution technologies 
that significantly increase energy efficiency and pro-
mote distributed resources and district heating and 
cooling systems. 
(12) Development and promotion of zoning 
guidelines or requirements that result in increased 
energy efficiency, efficient development, active living 
land use planning, and infrastructure such as bike 
lanes and pathways, and pedestrian walkways. 
(13) Promotion of greater participation and ef-
ficiency rates for material conservation programs, in-
cluding source reduction, recycling, and recycled 
content procurement programs that lead to increases 
in energy efficiency. 
(14) Establishment of a State, county, or city 
office to assist in the development and implementa-
tion of the Energy Efficiency Strategy.
761 
SEC. 9095. REQUIREMENTS. 
(a) REQUIREMENTS FOR ELIGIBLE UNITS OF LOCAL 
GOVERNMENT.— 
(1) PROPOSED STRATEGY.—Not later than 1 
year after being awarded a grant under this part, an 
eligible unit of local government shall submit to the 
Secretary a proposed Energy Efficiency Strategy 
which establishes goals for increased energy effi-
ciency in the jurisdiction of the eligible units of local 
government. The Strategy shall include plans for the 
use of funds received under the grant to assist the 
eligible unit of local government in the achievement 
of such goals, consistent with section 9094. In devel-
oping such a Strategy, an eligible unit of local gov-
ernment shall take into account any plans for the 
use of funds by adjoining eligible units of local gov-
ernments funded under this part. 
(2) APPROVAL.—The Secretary shall approve or 
disapprove a proposed Strategy submitted under 
paragraph (1) not later than 90 days after receiving 
it. If the Secretary disapproves a proposed Strategy, 
the Secretary shall provide to the eligible unit of 
local government the reasons for such disapproval. 
The eligible unit of local government may revise and 
resubmit the Strategy, as many times as required, 
until approval is granted.
762 
(3) FUNDING
FOR
PREPARATION
OF
STRAT-
EGY.— 
(A) IN GENERAL.—Until the Secretary has 
approved a proposed Energy Efficiency Strat-
egy under paragraph (2), the Secretary shall 
only disburse to an eligible unit of local govern-
ment $200,000 or 20 percent of the grant, 
whichever is greater, which may be used only 
for preparation of the Strategy. 
(B) REMAINDER OF FUNDS.—The remain-
der of an eligible unit of local government’s 
grant funds awarded but not disbursed under 
subparagraph (A) shall remain available and 
shall be disbursed by the Secretary upon ap-
proval of the Strategy. 
(4) LIMITATIONS ON USE OF FUNDS.—Of the 
amounts provided through a grant under this part, 
an eligible unit of local government may use— 
(A) not more than 10 percent, or $75,000, 
whichever is greater, for administrative ex-
penses, not including expenses needed to meet 
reporting requirements under this part; 
(B) not more than 20 percent, or 
$250,000, whichever is greater, for the estab-
lishment of revolving loan funds; and