I 
117TH CONGRESS 
1ST SESSION H. R. 2060 
To amend the Energy Independence and Security Act of 2007 to fund 
job-creating improvements in energy and resiliency for Federal buildings, 
to enable a portfolio of clean buildings by 2030, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2021 
Mr. SARBANES (for himself, Mr. WELCH, Ms. NORTON, Ms. DEGETTE, Mr. 
MCNERNEY, Mrs. HAYES, Ms. BLUNT ROCHESTER, Mr. RASKIN, Mr. 
CA´RDENAS, Ms. MATSUI, and Mr. NADLER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Transportation and Infrastructure, Over-
sight and Reform, Armed Services, Veterans’ Affairs, and Homeland Se-
curity, 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 committee concerned 
A BILL 
To amend the Energy Independence and Security Act of 
2007 to fund job-creating improvements in energy and 
resiliency for Federal buildings, to enable a portfolio 
of clean buildings by 2030, 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. 
This Act may be cited as the ‘‘Federal Building Clean 
Jobs Act of 2021’’. 
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SEC. 2. FEDERAL BUILDING LEASING. 
(a) IN GENERAL.—Section 435 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17091) is 
amended to read as follows: 
‘‘SEC. 435. LEASING. 
‘‘(a) DEFINITION OF LESSOR.—In this section, the 
term ‘lessor’ means any individual, firm, partnership, lim-
ited liability company, trust, association, State, unit of 
local government, or legal entity that is the rightful owner 
of a property leased to the Federal Government. 
‘‘(b) LEASING REQUIREMENTS.—Except as provided 
in subsection (c), effective beginning on the date that is 
1 year after the date of enactment of the Federal Building 
Clean Jobs Act of 2021, no Federal agency shall enter 
into a contract to lease space unless— 
‘‘(1) the space is for a building or space in a 
building that— 
‘‘(A) in the most recent year, has earned 
the Energy Star label under the Energy Star 
program established by section 324A of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6294a); and 
‘‘(B) has obtained or will obtain as a re-
quired performance specification a green build-
ing certification consistent with recommenda-
tions of the Administrator of General Services 
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based on the review of high-performance build-
ing certification systems carried out by the Ad-
ministrator pursuant to section 436(h) (42 
U.S.C. 17092(h)); and 
‘‘(2) the contract includes— 
‘‘(A) a requirement for the lessor of the 
building to disclose data on consumption of util-
ities (energy and water)— 
‘‘(i) for the portion of the building oc-
cupied by the agency; and 
‘‘(ii) that is provided by the lessor 
through submetering or an alternative 
method identified by the Administrator for 
buildings lacking submeters; and 
‘‘(B) 1 or more mechanisms to ensure that 
the lessor of the building reasonably maintains 
the requirements of the building described in 
paragraph (1). 
‘‘(c) WAIVER.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
Federal agency may enter into a contract to lease 
space that does not meet a requirement described in 
subparagraph (A) or (B) of subsection (b)(1) if— 
‘‘(A) no other space is available that can 
meet that requirement within a reasonable pe-
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riod and meet the functional requirements of 
the agency, including locational needs; 
‘‘(B) the agency proposes to remain in a 
building or a space in a building— 
‘‘(i) that the agency has occupied pre-
viously; and 
‘‘(ii) less than 50 percent of the 
leasable space of which is leased by the 
Federal Government; 
‘‘(C) the agency proposes to lease a build-
ing or space in a building of historical, architec-
tural, or cultural significance (as defined in sec-
tion 3306(a) of title 40, United States Code); 
or 
‘‘(D) the lease is for not more than 10,000 
gross square feet of space in a building less 
than 50 percent of the leasable space of which 
is leased by the Federal Government. 
‘‘(2) WAIVER APPROVAL.— 
‘‘(A) IN GENERAL.—A Federal agency may 
enter into a contract under paragraph (1) if— 
‘‘(i)(I) the agency submits a request 
to the Federal Director of the Office of 
Federal High-Performance Green Build-
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ings indicating the basis for the request 
under paragraph (1); and 
‘‘(II) the Federal Director of that 
Office approves the request; and 
‘‘(ii) in the case of a waiver under 
subparagraph (A), (B), or (C) of para-
graph (1), the contract includes the re-
quirements 
described 
in 
subparagraph 
(B)(ii), which— 
‘‘(I) in the case of a waiver under 
subparagraph (A) of that paragraph, 
shall be required to be implemented 
prior to occupancy of the building or 
space in the building by the Federal 
agency; and 
‘‘(II) in the case of a waiver 
under subparagraph (B) or (C) of 
that paragraph, shall be required to 
be implemented not later than 1 year 
after the Federal agency signs the 
contract. 
‘‘(B) CONTRACT REQUIREMENTS.— 
‘‘(i) 
DEFINITION
OF 
NONBENCHMARKED
SPACE.—In this sub-
paragraph, the term ‘nonbenchmarked 
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space’ means a building or space in a 
building for which owners cannot access 
whole building utility consumption data, 
including buildings— 
‘‘(I) that are located in States 
that do not require utilities to provide, 
and utilities do not provide, such ag-
gregated information to multitenant 
building owners; and 
‘‘(II) the tenants of which do not 
provide energy consumption informa-
tion to the commercial building owner 
in response to a request from that 
owner. 
‘‘(ii) REQUIREMENTS.—The require-
ments referred to in subparagraph (A)(ii) 
are the following: 
‘‘(I) The building or space in a 
building— 
‘‘(aa) meets the requirement 
described in subsection (b)(1)(A); 
or 
‘‘(bb) is renovated for all 
feasible energy efficiency and 
conservation improvements that 
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will be cost effective over the life 
of the lease (including any nego-
tiated optional extensions or re-
newals of the lease), including 
improvements in lighting, win-
dows, heating, ventilation, and 
air conditioning systems and con-
trols. 
‘‘(II) The building or space in a 
building is— 
‘‘(aa) benchmarked under a 
nationally recognized, online, and 
free benchmarking program, and 
the benchmark is publicly dis-
closed; or 
‘‘(bb) 
a 
nonbenchmarked 
space. 
‘‘(III) In the case of a building 
or space in a building that is a 
nonbenchmarked space, the Federal 
agency provides to the building owner, 
or authorizes the owner to obtain 
from the utility, the energy consump-
tion data of the space to enable 
benchmarking of the building. 
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‘‘(C) INCORPORATION OF ASSISTANCE INTO 
LEASE.—In the case of a contract to lease 
space that receives a waiver under paragraph 
(1)(A), the Administrator may— 
‘‘(i) include in the relevant lease pro-
curement documents a statement about the 
availability of financial incentives and tech-
nical assistance under the pilot program 
established under subsection (g); or 
‘‘(ii)(I) incorporate into the terms of 
the lease with the lessor any financial in-
centive or technical assistance provided to 
that lessor under that pilot program; and 
‘‘(II) if subclause (I) is carried 
out, extend the deadline required 
under subparagraph (A)(ii)(I). 
‘‘(d) REVISION OF FEDERAL REGULATIONS.—Not 
later than 1 year after the date of enactment of the Fed-
eral Building Clean Jobs Act of 2021, the Administrator 
shall revise Part 102–73(c) of the Federal Management 
Regulation and Part 570 of the General Services Adminis-
tration Acquisition Manual, as appropriate, to reflect the 
requirements of this section. 
‘‘(e) REPORT.—The Administrator shall annually 
publish on the website of the General Services Administra-
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