The Department of Defense (DOD) accounts for approximately 63% of the energy consumed by federal facilities and buildings. This makes DOD the single largest energy consumer in the United States, even though consuming only 1% of national site-delivered energy. Its annual spending on facility energy has averaged over $3.4 billion recently. In the early 1970s, Congress began mandating reductions in energy consumed by federal agencies, primarily by improving the efficiency of buildings and facilities, and by reducing fossil fuel use. Initially, a 10% energy reduction goal was established for federal buildings as measured against a 1985 baseline. By fiscal year (FY) 2005, DOD reported a 28.3% reduction in energy consumption compared to the baseline. Recent legislation and Executive Orders establish further energy reduction goals. President-elect Obama's recently publicized economic recovery plans include improvements in public building energy efficiency. Recently introduced bills in Congress have called for establishing national building efficiency codes. This report reviews the energy conservation provisions in past and recent legislation applicable to DOD, Executive Orders that apply to all federal facilities and operations, and the Office of the Secretary of Defense (OSD) directives and instructions to the military departments and agencies. DOD spending on facility energy is annually reported to Congress as originally mandated by the National Energy Conservation Policy Act (NECPA). Data reported over the last decade have been summarized in this report. Annual defense appropriations that fund energy conservation measures along with DOD energy conservation investments are also summarized. This report does not cover the subject of transportation fuels. Federal government initiatives aimed at reducing energy consumption can be traced back to the start of the Federal Energy Management Program (FEMP) in 1973. The 1978 National Energy Conservation Policy Act (NECPA), Public Law (P.L.) 95-619, began the program of retrofitting federal buildings to improve energy efficiency. The 1985 Deficit Reduction Act ( P.L. 99-272 ) amended NECPA by authorizing energy savings contracts of up to 25 years. The 1992 Energy Policy Act further amended NECPA by adopting Energy Savings Performance Contracts (ESPCs) that offered federal agencies a novel means of making energy efficiency improvements to aging buildings and facilities (see discussion below). NECPA required federal agencies, including DOD, to report annually on the energy consumption by their buildings, operations, and vehicles. Overall federal energy consumption is reported annually to Congress by the Department of Energy (DOE) Federal Energy Management Program (FEMP). The Federal Energy Management Improvement Act of 1988 ( P.L. 100-615 ) amended NECPA by requiring each agency to achieve a 10% reduction in energy consumption in federal buildings by FY1995 when measured against an FY1985 baseline in terms of British thermal units per gross square foot (Btu/gsf) of building area. More recently, two major energy bills have been enacted with provisions generally pertaining to all federal agency facilities—the Energy Policy Act of 2005 (EPACT – P.L. 109-58 ) and the Energy Independence and Security Act of 2007 (EISA – P.L. 110-140 ). Annual DOD appropriation bills have also included energy provisions specifically pertaining to defense facilities. Legislation pertaining to the energy efficiency of federal and DOD buildings is summarized below. For bills introduced since the 107 th Congress, refer to the Appendix of this report. Section 103. Energy Use Measurement and Accountability amended Section 543 of the NECPA with the mandate for using advanced meters to reduce electricity use in federal buildings by October 1, 2012. Section 109. Federal Building Performance Standards amended the Energy Conservation and Production Act by adopting the 2004 International Energy Conservation Code, and requiring revised energy efficiency standards and a 30% reduction in energy consumption of new federal buildings over the previous standards. Section 203. Federal Purchase Requirement requires that the federal government offset its electric energy consumption with an increasing percentage of "renewable energy" from 3% starting in 2005 to not less than 7.5% by 2013 and each fiscal year thereafter. Renewable energy is defined as electrical energy generated from solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. Section 431. Energy Reduction Goals for Federal Buildings amends the National Energy Conservation Policy Act (NECPA) by mandating a 30% energy reduction in federal buildings by 2015 relative to a 2005 baseline. Section 432. Management of Energy and Water Efficiency in Federal Buildings requires DOE to issue guidelines and criteria that each federal agency will follow for designating "covered facilities", assigning energy managers, and implementing comprehensive energy and water evaluations. For the purpose of energy and water evaluations, covered facilities constitute at least 75% of facility energy use at each facility. Section 433. Federal Building Energy Efficiency Performance Standards requires 55% reduced fossil energy use in new federal buildings and major renovations by 2010 relative to a 2003 baseline, and 100% by 2030. Section 434. Management of Federal Building Efficiency requires that federal agencies ensure the energy life-cycle cost effectiveness of major equipment replacements (such as heating and cooling systems) and renovations or expansion of existing space. Section 435. Leasing prohibits federal agencies from leasing buildings that have not earned an EPA Energy Star label. Section 436. High Performance Green Federal Buildings directs the establishment of federal high-performance green building standards for all types of federal facilities, and the establishment of green practices that can be used throughout the life of a federal facility. Section 512. Financing Flexibility authorizes federal agencies to use a combination of appropriated funds and private financing for Energy Savings Performance Contracts (ESPC). Section 514. Permanent Authorization enacts permanent authorization of ESPCs, and restricts federal agencies from limiting the duration of ESPCs to less than 25 years or limiting the total amount of obligations. Sec. 518. Study of Energy and Cost Savings in Nonbuilding Applications directs DOD to study the potential use of ESPCs in nonbuilding applications, which include vehicles and federally owned equipment that generate electricity or transport water. Section 526. Procurement and Acquisition of Alternative Fuels prohibits federal agencies from procuring alternative or synthetic fuels, unless contract provisions stipulate that life-cycle greenhouse gas emissions do not exceed equivalent conventional fuel emissions produced from conventional petroleum sources. Subtitle E (Energy Security), reorganizes 10 U.S.C 2865 to establish new energy performance goals for DOD, establish new goals for using renewable energy, and encourage energy efficiency products and renewable forms of energy in new construction. More specifically: Section 2851. Consolidation and Enhancement of Laws to Improve Department of Defense Energy Efficiency and Conservation reorganizes 10 U.S.C. 2865 by the insertion of (new) Chapter 173— Energy Security , which requires the establishment of energy performance goals for transportation systems, support systems, utilities and infrastructure; leaves any appropriated funds equal to energy cost savings available for obligation until expended; requires development of a simplified method for contracting energy savings contract services; and authorizes energy conservation construction projects not previously authorized using appropriated funds after notification to Congress. Section 2852. Department of Defense Goal Regarding Use of Renewable Energy to Meet Electricity Needs amends 10 U.S.C. 2911 by making it DOD's goal to produce or procure at least 25% of its electric energy consumption from renewable sources by the year 2025. Section 2853. Congressional Notification of Cancellation Ceiling for Department of Defense Energy Savings Performance Contracts requires Congressional notice when federal agencies award an energy savings performance contract that contains a clause setting forth a cancellation ceiling in excess of $7,000,000. Section 2854. Use of Energy Efficiency Products in New Construction requires that to the maximum extent practicable, energy efficient products meeting Defense Department requirements must be used in new facility construction. Section 828. Multiyear Contract Authority For Electricity From Renewable Energy Sources authorizes contracts periods of up to 10 years for purchasing electricity from sources of renewable energy. Sec. 2861. Repeal of Congressional Notification Requirement Regarding Cancellation Ceiling for Department of Defense Energy Savings Performance Contracts amends 10 U.S.C § 2913 by striking subsection (e) requiring notification of an ESPC awarded with a cancellation ceiling clause exceeding $7 million. Section 902. Director of Operational Energy Plans and Programs amends 10 U.S.C. 139 by directing the appointment of a director responsible for the oversight of energy required for training, moving, and sustaining military forces and weapons platforms for military operations. Section 2831. Certification of Enhanced Use Leases for Energy-related Projects amends 10 U.S.C. 26679(h) by requiring certification that a lease exceeding 20 years for an energy production project is consistent with DOD performance goals. Section 2832. Annual Report on Department of Defense Installations Energy Management amends 10 U.S.C. 29259(a) by revising the subsection heading to "Annual Report Related to Installations Energy Management" and adding the reporting requirement for a description and estimate of the progress made by the military departments in meeting the certification requirements for sustainable green-building standards in construction and major renovations as required by Section 433 of EISA 2007. In signing Executive Order (EO) 13423 - Strengthening Federal Environmental, Energy and Transportation Management , President Bush revoked five earlier executive orders affecting federal agencies' energy and environmental management. Section 11 of the order consolidates and strengthens the five Executive Orders and two Memorandums of Understanding (MOU) and establishes new and updated goals, practices, and reporting requirements for environmental, energy, and transportation performance and accountability. In some cases the new executive order puts in place replacement energy and environmental efficiency goals for previous goals with target dates that have passed.