[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3591 Reported in Senate (RS)]






                                                       Calendar No. 660
109th CONGRESS
  2d Session
                                S. 3591

                          [Report No. 109-358]

  To improve efficiency in the Federal Government through the use of 
       high-performance green buildings, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2006

Mr. Jeffords (for himself, Ms. Snowe, Mr. Lautenberg, Mr. Chafee, Mrs. 
  Boxer, Mrs. Feinstein, Mrs. Clinton, Mr. Lieberman, Mr. Obama, Mr. 
 Menendez, Mr. Wyden, and Mr. Bingaman) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                           November 13, 2006

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL



  To improve efficiency in the Federal Government through the use of 
       high-performance green buildings, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``High-
Performance Green Buildings Act of 2006''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
      <DELETED>TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS

<DELETED>Sec. 101. Oversight.
<DELETED>Sec. 102. Office of High-Performance Green Buildings.
<DELETED>Sec. 103. Green Building Advisory Committee.
<DELETED>Sec. 104. Public outreach.
<DELETED>Sec. 105. Research and development.
<DELETED>Sec. 106. Budget and life-cycle costing and contracting.
<DELETED>Sec. 107. Authorization of appropriations.
          <DELETED>TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

<DELETED>Sec. 201. Definitions.
<DELETED>Sec. 202. Grants for healthy school environments.
<DELETED>Sec. 203. Federal guidelines for siting of school facilities.
<DELETED>Sec. 204. Environmental health program.
<DELETED>Sec. 205. Authorization of appropriations.
          <DELETED>TITLE III--STRENGTHENING FEDERAL LEADERSHIP

<DELETED>Sec. 301. Incentives.
<DELETED>Sec. 302. Federal procurement.
<DELETED>Sec. 303. Federal green building performance.
                <DELETED>TITLE IV--DEMONSTRATION PROJECT

<DELETED>Sec. 401. Coordination of goals.
<DELETED>Sec. 402. Authorization of appropriations.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administrator.--The term ``Administrator'' 
        means the Administrator of General Services.</DELETED>
        <DELETED>    (2) Committee.--The term ``Committee'' means the 
        Green Building Advisory Committee established under section 
        103(a).</DELETED>
        <DELETED>    (3) Director.--The term ``Director'' means the 
        individual appointed to the position established under section 
        101(a).</DELETED>
        <DELETED>    (4) Federal facility.--</DELETED>
                <DELETED>    (A) In general.--The term ``Federal 
                facility'' means any building or facility the intended 
                use of which requires the building or facility to be--
                </DELETED>
                        <DELETED>    (i) accessible to the public; 
                        and</DELETED>
                        <DELETED>    (ii) constructed or altered by or 
                        on behalf of the United States.</DELETED>
                <DELETED>    (B) Exclusions.--The term ``Federal 
                facility'' does not include a privately-owned 
                residential or commercial structure that is not leased 
                by the Federal Government.</DELETED>
        <DELETED>    (5) High-performance green building.--The term 
        ``high-performance green building'' means a building that, 
        during its life-cycle--</DELETED>
                <DELETED>    (A) reduces energy, water, and material 
                resource use;</DELETED>
                <DELETED>    (B) improves indoor environmental quality 
                including, reducing indoor pollution, improving thermal 
                comfort, and improving lighting and acoustic 
                environments that affect occupant health and 
                productivity;</DELETED>
                <DELETED>    (C) reduces negative impacts on the 
                environment throughout the life-cycle of the building, 
                including air and water pollution and waste 
                generation;</DELETED>
                <DELETED>    (D) increases the use of environmentally 
                preferable products, including biobased, recycled 
                content, and nontoxic products with lower life-cycle 
                impacts;</DELETED>
                <DELETED>    (E) increases reuse and recycling 
                opportunities;</DELETED>
                <DELETED>    (F) integrates systems in the 
                building;</DELETED>
                <DELETED>    (G) reduces the environmental and energy 
                impacts of transportation through building location and 
                site design that support a full range of transportation 
                choices for users of the building; and</DELETED>
                <DELETED>    (H) considers indoor and outdoor effects 
                of the building on human health and the environment, 
                including--</DELETED>
                        <DELETED>    (i) improvements in worker 
                        productivity;</DELETED>
                        <DELETED>    (ii) the life-cycle impacts of 
                        building materials and operations; 
                        and</DELETED>
                        <DELETED>    (iii) other factors that the 
                        Office considers to be appropriate.</DELETED>
        <DELETED>    (6) 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 components, 
        equipment, systems, and controls of the building) beginning at 
        conception of a green building project and continuing through 
        site selection, design, construction, landscaping, 
        commissioning, operation, maintenance, renovation, 
        deconstruction or demolition, removal, and recycling of the 
        green building.</DELETED>
        <DELETED>    (7) Life-cycle assessment.--The term ``life-cycle 
        assessment'' means a comprehensive system approach for 
        measuring the environmental performance of a product or service 
        over the life of the product or service, beginning at raw 
        materials acquisition and continuing through manufacturing, 
        transportation, installation, use, reuse, and end-of-life waste 
        management.</DELETED>
        <DELETED>    (8) Life-cycle costing.--The term ``life-cycle 
        costing'', with respect to a high-performance green building, 
        means a technique of economic evaluation that--</DELETED>
                <DELETED>    (A) sums, over a given study period, the 
                costs of initial investment (less resale value), 
                replacements, operations (including energy use), and 
                maintenance and repair of an investment decision; 
                and</DELETED>
                <DELETED>    (B) is expressed--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) in annual value terms, in the 
                        case of any other study period.</DELETED>
        <DELETED>    (9) Office.--The term ``Office'' means the Office 
        of High-Performance Green Buildings established under section 
        102(a).</DELETED>

 <DELETED>TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS</DELETED>

<DELETED>SEC. 101. OVERSIGHT.</DELETED>

<DELETED>    (a) In General.--The Administrator shall establish within 
the General Services Administration, and appoint an individual to serve 
as Director in, a position in the career-reserved Senior Executive 
service, to--</DELETED>
        <DELETED>    (1) establish and manage the Office in accordance 
        with section 102; and</DELETED>
        <DELETED>    (2) carry out other duties as required under this 
        Act.</DELETED>
<DELETED>    (b) Compensation.--The compensation of the 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 applicable locality-based comparability payment that may be 
authorized under section 5304(h)(2)(C) of that title.</DELETED>

<DELETED>SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN 
              BUILDINGS.</DELETED>

<DELETED>    (a) Establishment.--The Director shall establish within 
the General Services Administration an Office of High-Performance Green 
Buildings.</DELETED>
<DELETED>    (b) Duties.--The Director shall--</DELETED>
        <DELETED>    (1) ensure full coordination of high-performance 
        green building information and activities within the General 
        Services Administration and all relevant agencies, including, 
        at a minimum--</DELETED>
                <DELETED>    (A) the Environmental Protection 
                Agency;</DELETED>
                <DELETED>    (B) the Office of the Federal 
                Environmental Executive;</DELETED>
                <DELETED>    (C) the Office of Federal Procurement 
                Policy;</DELETED>
                <DELETED>    (D) the Department of Energy;</DELETED>
                <DELETED>    (E) the Department of Health and Human 
                Services;</DELETED>
                <DELETED>    (F) the Department of Defense; 
                and</DELETED>
                <DELETED>    (G) such other Federal agencies as the 
                Director considers to be appropriate;</DELETED>
        <DELETED>    (2) establish a senior-level Federal green 
        building advisory committee, which shall provide advice and 
        recommendations in accordance with section 103;</DELETED>
        <DELETED>    (3) identify and biennially reassess improved or 
        higher rating standards recommended by the Committee;</DELETED>
        <DELETED>    (4) establish a national high-performance green 
        building clearinghouse in accordance with section 104, which 
        shall provide green building information through--</DELETED>
                <DELETED>    (A) outreach;</DELETED>
                <DELETED>    (B) education; and</DELETED>
                <DELETED>    (C) the provision of technical 
                assistance;</DELETED>
        <DELETED>    (5) ensure full coordination of research and 
        development information relating to high-performance green 
        building initiatives under section 105;</DELETED>
        <DELETED>    (6) identify and develop green building standards 
        that could be used for all types of Federal facilities in 
        accordance with section 105;</DELETED>
        <DELETED>    (7) establish green practices that can be used 
        throughout the life of a Federal facility;</DELETED>
        <DELETED>    (8) review and analyze current Federal budget 
        practices and life-cycle costing issues, and make 
        recommendations to Congress, in accordance with section 106; 
        and</DELETED>
        <DELETED>    (9) complete and submit the report described in 
        subsection (c).</DELETED>
<DELETED>    (c) Report.--Not later than 2 years after the date of 
enactment of this Act, and biennially thereafter, the Director shall 
submit to Congress a report that--</DELETED>
        <DELETED>    (1) describes the status of the green building 
        initiatives under this Act and other Federal programs in effect 
        as of the date of the report, including--</DELETED>
                <DELETED>    (A) the extent to which the programs are 
                being carried out in accordance with this Act; 
                and</DELETED>
                <DELETED>    (B) the status of funding requests and 
                appropriations for those programs;</DELETED>
        <DELETED>    (2) identifies within the planning, budgeting, and 
        construction process all types of Federal facility procedures 
        that inhibit new and existing Federal facilities from becoming 
        high-performance green buildings as measured by--</DELETED>
                <DELETED>    (A) a silver rating, as defined by the 
                Leadership in Energy and Environmental Design Building 
                Rating System standard established by the United States 
                Green Building Council (or an equivalent rating); 
                or</DELETED>
                <DELETED>    (B) an improved or higher rating standard, 
                as identified by the Committee;</DELETED>
        <DELETED>    (3) identifies inconsistencies, as reported to the 
        Committee, in Federal law with respect to product acquisition 
        guidelines and high-performance product guidelines;</DELETED>
        <DELETED>    (4) recommends language for uniform standards for 
        use by Federal agencies in environmentally responsible 
        acquisition;</DELETED>
        <DELETED>    (5) in coordination with the Office of Management 
        and Budget, reviews the budget process for capital programs 
        with respect to alternatives for--</DELETED>
                <DELETED>    (A) restructuring of budgets to require 
                the use of complete energy- and environmental-cost 
                accounting;</DELETED>
                <DELETED>    (B) using operations expenditures in 
                budget-related decisions while simultaneously 
                incorporating productivity and health measures (as 
                those measures can be quantified by the Office, with 
                the assistance of universities and national 
                laboratories);</DELETED>
                <DELETED>    (C) permitting Federal agencies to retain 
                all identified savings accrued as a result of the use 
                of life-cycle costing for future high-performance green 
                building initiatives; and</DELETED>
                <DELETED>    (D) identifying short- and long-term cost 
                savings that accrue from high-performance green 
                buildings, including those relating to health and 
                productivity;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (7) summarizes and highlights development, at the 
        State and local level, of green building initiatives, including 
        executive orders, policies, or laws adopted promoting green 
        building (including the status of implementation of those 
        initiatives); and</DELETED>
        <DELETED>    (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 recommendation, described in 
        paragraphs (1) through (6).</DELETED>
<DELETED>    (d) Implementation.--The Office shall carry out each plan 
for implementation of recommendations under subsection 
(c)(7).</DELETED>

<DELETED>SEC. 103. GREEN BUILDING ADVISORY COMMITTEE.</DELETED>

<DELETED>    (a) Establishment.--Not later than 180 days after the date 
of enactment of this Act, the Director shall establish a committee to 
be known as the ``Green Building Advisory Committee''.</DELETED>
<DELETED>    (b) Membership.--The Committee shall be composed of 
representatives of, at a minimum--</DELETED>
        <DELETED>    (1) each agency referred to in section 102(b)(1); 
        and</DELETED>
        <DELETED>    (2) other relevant entities, as determined by the 
        Director, including at least 1 representative of each of the 
        following:</DELETED>
                <DELETED>    (A) State and local governmental green 
                building programs.</DELETED>
                <DELETED>    (B) Independent green building 
                associations or councils.</DELETED>
                <DELETED>    (C) Building experts, including 
                architects, material suppliers, and construction 
                contractors.</DELETED>
                <DELETED>    (D) Security advisors focusing on national 
                security needs, natural disasters, and other dire 
                emergency situations.</DELETED>
                <DELETED>    (E) Children and adult environmental 
                health experts.</DELETED>
<DELETED>    (c) Meetings.--The Director shall establish a regular 
schedule of meetings for the Committee, which shall convene a minimum 
of 6 times each year.</DELETED>
<DELETED>    (d) Duties.--The Committee shall provide advice and 
expertise for use by the Director in carrying out the duties under this 
Act, including such recommendations relating to Federal activities 
carried out under sections 104 through 106 as are agreed to by a 
majority of the members of the Committee.</DELETED>
<DELETED>    (e) FACA Exemption.--The Committee shall not be subject to 
the Federal Advisory Committee Act (5 U.S.C. App.).</DELETED>

<DELETED>SEC. 104. PUBLIC OUTREACH.</DELETED>

<DELETED>    The Director, in coordination with the Committee, shall 
carry out public outreach to inform individuals and entities of the 
information and services available Government-wide by--</DELETED>
        <DELETED>    (1) establishing and maintaining a national high-
        performance green building clearinghouse, including on the 
        Internet, that--</DELETED>
                <DELETED>    (A) identifies existing similar efforts 
                and coordinates activities of common interest; 
                and</DELETED>
                <DELETED>    (B) provides information relating to high-
                performance green buildings, including hyperlinks to 
                Internet sites that describe the activities, 
                information, and resources of--</DELETED>
                        <DELETED>    (i) the Federal 
                        Government;</DELETED>
                        <DELETED>    (ii) State and local 
                        governments;</DELETED>
                        <DELETED>    (iii) the private sector 
                        (including nongovernmental and nonprofit 
                        entities and organizations); and</DELETED>
                        <DELETED>    (iv) international 
                        organizations;</DELETED>
        <DELETED>    (2) identifying and recommending educational 
        resources for implementing high-performance green building 
        practices, including security and emergency benefits and 
        practices;</DELETED>
        <DELETED>    (3) providing access to technical assistance on 
        using tools and resources to make more cost-effective, energy-
        efficient, health-protective, and environmentally beneficial 
        decisions for constructing high-performance green buildings, 
        particularly tools available to conduct life-cycle costing and 
        life-cycle assessment;</DELETED>
        <DELETED>    (4) providing information on application processes 
        for certifying a high-performance green building, including 
        certification and commissioning;</DELETED>
        <DELETED>    (5) providing technical information, market 
        research, or other forms of assistance or advice that would be 
        useful in planning and constructing high-performance green 
        buildings; and</DELETED>
        <DELETED>    (6) using such other methods as are determined by 
        the Director to be appropriate.</DELETED>

<DELETED>SEC. 105. RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (a) Establishment.--The Director, in coordination with the 
Committee, shall--</DELETED>
        <DELETED>    (1)(A) survey existing research and studies 
        relating to high-performance green buildings; and</DELETED>
        <DELETED>    (B) coordinate activities of common 
        interest;</DELETED>
        <DELETED>    (2) develop and recommend a high-performance green 
        building research plan that--</DELETED>
                <DELETED>    (A) identifies information and research 
                needs, including the relationships between health, 
                occupant productivity, and each of--</DELETED>
                        <DELETED>    (i) pollutant emissions from 
                        materials and products in the 
                        building;</DELETED>
                        <DELETED>    (ii) natural day 
                        lighting;</DELETED>
                        <DELETED>    (iii) ventilation choices and 
                        technologies;</DELETED>
                        <DELETED>    (iv) heating, cooling, and system 
                        control choices and technologies;</DELETED>
                        <DELETED>    (v) moisture control and 
                        mold;</DELETED>
                        <DELETED>    (vi) maintenance, cleaning, and 
                        pest control activities;</DELETED>
                        <DELETED>    (vii) acoustics; and</DELETED>
                        <DELETED>    (viii) other issues relating to 
                        the health, comfort, productivity, and 
                        performance of occupants of the building; 
                        and</DELETED>
                <DELETED>    (B) promotes the development and 
                dissemination of high-performance green building 
                measurement tools that, at a minimum, may be used--
                </DELETED>
                        <DELETED>    (i) to monitor and assess the 
                        life-cycle performance of facilities (including 
                        demonstration projects) built as high-
                        performance green buildings; and</DELETED>
                        <DELETED>    (ii) to perform life-cycle 
                        assessments;</DELETED>
        <DELETED>    (3) assist the budget and life-cycle costing 
        functions of the Office under section 106;</DELETED>
        <DELETED>    (4) study and identify potential benefits of green 
        buildings relating to security, natural disaster, and emergency 
        needs of the Federal Government; and</DELETED>
        <DELETED>    (5) support other research initiatives determined 
        by the Office.</DELETED>
<DELETED>    (b) Indoor Air Quality.--The Director, in consultation 
with the Committee, shall develop and implement a comprehensive indoor 
air quality program for all Federal facilities to ensure the safety of 
Federal workers and facility occupants--</DELETED>
        <DELETED>    (1) during new construction and renovation of 
        facilities; and</DELETED>
        <DELETED>    (2) in existing facilities.</DELETED>

<DELETED>SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND 
              CONTRACTING.</DELETED>

<DELETED>    (a) Establishment.--The Director, in coordination with the 
Committee, shall--</DELETED>
        <DELETED>    (1) identify, review, and analyze current budget 
        and contracting practices that affect achievement of high-
        performance green buildings, including the identification of 
        barriers to green building life-cycle costing and budgetary 
        issues;</DELETED>
        <DELETED>    (2) develop guidance and conduct training sessions 
        with budget specialists and contracting personnel from Federal 
        agencies and budget examiners to apply life-cycle cost criteria 
        to actual projects;</DELETED>
        <DELETED>    (3) identify tools to aid life-cycle cost 
        decisionmaking; and</DELETED>
        <DELETED>    (4) explore the feasibility of incorporating the 
        benefits of green buildings, such as security benefits, into a 
        cost-budget analysis to aid in life-cycle costing for budget 
        and decision making processes.</DELETED>

<DELETED>SEC. 107. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
title $4,000,000 for each of fiscal years 2007 through 2012, to remain 
available until expended.</DELETED>

     <DELETED>TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS</DELETED>

<DELETED>SEC. 201. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) High-performance school.--The term ``high-
        performance school'' has the meaning given the term ``healthy, 
        high-performance school building'' in section 5586 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7277e).</DELETED>
        <DELETED>    (2) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).</DELETED>
        <DELETED>    (3) State educational agency.--The term ``State 
        educational agency'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).</DELETED>

<DELETED>SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.</DELETED>

<DELETED>    (a) In General.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of Education and 
the Secretary of Health and Human Services, may provide grants to State 
and local educational agencies for use in--</DELETED>
        <DELETED>    (1) providing technical assistance for programs of 
        the Environmental Protection Agency (including the Tools for 
        Schools Program and the Healthy School Environmental Assessment 
        Tool) to schools for use in addressing environmental issues; 
        and</DELETED>
        <DELETED>    (2) development of State school environmental 
        quality plans, in partnership with the Environmental Protection 
        Agency, that include--</DELETED>
                <DELETED>    (A) standards for healthy high-performance 
                school building design, construction, and 
                renovation;</DELETED>
                <DELETED>    (B) identification of ongoing school 
                building environmental problems in the State, including 
                assessment of information on the exposure of children 
                to environmental hazards in school facilities, as 
                provided by the Administrator of the Environmental 
                Protection Agency;</DELETED>
                <DELETED>    (C) proposals for the systematic 
                improvement (including benchmarks and timelines) of 
                environmental conditions in schools throughout the 
                State, including--</DELETED>
                        <DELETED>    (i) school building siting, 
                        construction, and maintenance;</DELETED>
                        <DELETED>    (ii) indoor air quality;</DELETED>
                        <DELETED>    (iii) pest control;</DELETED>
                        <DELETED>    (iv) radon 
                        contamination;</DELETED>
                        <DELETED>    (v) lead contamination;</DELETED>
                        <DELETED>    (vi) environmentally preferable 
                        purchasing of products for classroom 
                        instruction and for maintenance;</DELETED>
                        <DELETED>    (vii) hazard identification and 
                        remediation; and</DELETED>
                        <DELETED>    (viii) modes of transportation 
                        available to students and staff;</DELETED>
                <DELETED>    (D) recommendations for improvements in 
                the capacity of the State to track child and adult 
                health complaints relating to schools; and</DELETED>
                <DELETED>    (E) plans for operation as an emergency, 
                self-sustaining evacuation center.</DELETED>
<DELETED>    (b) Other Grants.--The Administrator of the Environmental 
Protection Agency may provide grants to qualified, nonprofit 
organizations to assist in community and public education on healthy 
school environments.</DELETED>
<DELETED>    (c) Cost Sharing.--</DELETED>
        <DELETED>    (1) Federal share.--The Federal share of the cost 
        of a project or activity carried out using funds from a grant 
        under subsection (a) shall not exceed 90 percent.</DELETED>
        <DELETED>    (2) Non-federal share.--The non-Federal share of 
        the cost of a project or activity carried out using funds from 
        a grant under subsection (a) may be provided in the form of 
        cash or in-kind goods and services.</DELETED>
<DELETED>    (d) Grant Priority.--</DELETED>
        <DELETED>    (1) In general.--In providing grants under this 
        section for use in carrying out the program referred to in 
        subsection (a)(1), the Administrator of the Environmental 
        Protection Agency, in consultation with the Secretary of 
        Education, shall give priority to school districts with need 
        for environmental improvement as identified in the school 
        environmental plans described in this section.</DELETED>
        <DELETED>    (2) Responsibility of school districts and state 
        educational agencies.--</DELETED>
                <DELETED>    (A) School districts.--Not later than 2 
                years after the date of enactment of this Act, and 
                annually thereafter, each school district that receives 
                funds from the Administrator of the Environmental 
                Protection Agency to carry out a program described in 
                subsection (a) shall submit to the State educational 
                agency with jurisdiction over the school district a 
                report that includes--</DELETED>
                        <DELETED>    (i) a list of schools in the 
                        districts that, as of the date of the report, 
                        have accepted funds or other assistance from 
                        the Environmental Protection Agency for use in 
                        carrying out this section; and</DELETED>
                        <DELETED>    (ii) an overview of the impact of 
                        the funds, including--</DELETED>
                                <DELETED>    (I) general data regarding 
                                measures of student health and 
                                attendance rates before and after grant 
                                intervention; and</DELETED>
                                <DELETED>    (II) descriptions of toxic 
                                or hazardous cleaning, maintenance, or 
                                instructional products eliminated or 
                                reduced in use as part of the promotion 
                                or remediation of the indoor air 
                                quality of schools within the school 
                                district; and</DELETED>
                        <DELETED>    (iii) basic information on the 
                        potential influence of other factors (such as 
                        the installation of carpet and HVAC systems and 
                        similar activities) on air quality.</DELETED>
                <DELETED>    (B) State educational agency reports.--Not 
                later than 180 days after the date on which each State 
                educational agency has received the annual reports 
                under subparagraph (A) from all participating school 
                districts, the State educational agency shall submit to 
                the Administrator of the Environmental Protection 
                Agency and Congress a consolidated report of all 
                information received from the school 
                districts.</DELETED>

<DELETED>SEC. 203. FEDERAL GUIDELINES FOR SITING OF SCHOOL 
              FACILITIES.</DELETED>

<DELETED>    The Administrator of the Environmental Protection Agency, 
in consultation with the Secretary of Education and the Secretary of 
Health and Human Services, shall develop school site selection 
guidelines that account for--</DELETED>
        <DELETED>    (1) the special vulnerability of children to 
        hazardous substances or pollution exposures in any case in 
        which the potential for contamination at a potential school 
        site exists, as determined by the Administrator of the 
        Environmental Protection Agency, in consultation with the 
        Secretary of Education;</DELETED>
        <DELETED>    (2) modes of transportation available to students 
        and staff; and</DELETED>
        <DELETED>    (3) the potential use of a school at the site as 
        an emergency shelter.</DELETED>

<DELETED>SEC. 204. ENVIRONMENTAL HEALTH PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Administrator of the Environmental 
Protection Agency, in consultation with the Secretary of Education, the 
Secretary of Health and Human Services, and other relevant agencies, 
shall issue guidelines for use by the State in developing and 
implementing an environmental health program for schools that--
</DELETED>
        <DELETED>    (1) takes into account the status and findings of 
        Federal research initiatives established under this Act and 
        other relevant Federal law with respect to school facilities, 
        including relevant updates on trends in the field, such as the 
        impact of school facility environments on student and staff--
        </DELETED>
                <DELETED>    (A) health, safety, and productivity; 
                and</DELETED>
                <DELETED>    (B) disabilities or special 
                needs;</DELETED>
        <DELETED>    (2) provides research using relevant tools 
        identified or developed in accordance with section 105 to 
        quantify the relationships between--</DELETED>
                <DELETED>    (A) human health, occupant productivity, 
                and student performance; and</DELETED>
                <DELETED>    (B) with respect to school facilities, 
                each of--</DELETED>
                        <DELETED>    (i) pollutant emissions from 
                        materials and products;</DELETED>
                        <DELETED>    (ii) natural day 
                        lighting;</DELETED>
                        <DELETED>    (iii) ventilation choices and 
                        technologies;</DELETED>
                        <DELETED>    (iv) heating and cooling choices 
                        and technologies;</DELETED>
                        <DELETED>    (v) moisture control and 
                        mold;</DELETED>
                        <DELETED>    (vi) maintenance, cleaning, and 
                        pest control activities;</DELETED>
                        <DELETED>    (vii) acoustics; and</DELETED>
                        <DELETED>    (viii) other issues relating to 
                        the health, comfort, productivity, and 
                        performance of occupants of the school 
                        facilities;</DELETED>
        <DELETED>    (3) provides technical assistance on siting, 
        design, management, and operation of school facilities, 
        including facilities used by students with disabilities or 
        special needs;</DELETED>
        <DELETED>    (4) collaborates with federally funded pediatric 
        environmental health centers to assist in on-site school 
        environmental investigations;</DELETED>
        <DELETED>    (5) assists States and the public in better 
        understanding and improving the environmental health of 
        children; and</DELETED>
        <DELETED>    (6) provides to the Office a biennial report of 
        all activities carried out under this title, which the Director 
        shall include in the report described in section 
        102(c).</DELETED>
<DELETED>    (b) Public Outreach.--The Director shall ensure, to the 
maximum extent practicable, that the public clearinghouse established 
under section 104 receives and makes available--</DELETED>
        <DELETED>    (1) information from the Administrator of the 
        Environmental Protection Agency that is contained in the report 
        described in subsection (a)(6); and</DELETED>
        <DELETED>    (2) information on the exposure of children to 
        environmental hazards in school facilities, as provided by the 
        Administrator of the Environmental Protection Agency.</DELETED>

<DELETED>SEC. 205. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
title $10,000,000 for the period of fiscal years 2007 through 2012, to 
remain available until expended.</DELETED>

     <DELETED>TITLE III--STRENGTHENING FEDERAL LEADERSHIP</DELETED>

<DELETED>SEC. 301. INCENTIVES.</DELETED>

<DELETED>    As soon as practicable after the date of enactment of this 
Act, the Director shall identify incentives to encourage the use of 
green buildings and related technology in the operations of the Federal 
Government, including through--</DELETED>
        <DELETED>    (1) the provision of recognition awards; 
        and</DELETED>
        <DELETED>    (2) the maximum feasible retention of financial 
        savings in the annual budgets of Federal agencies for use in 
        reinvesting in future green building initiatives.</DELETED>

<DELETED>SEC. 302. FEDERAL PROCUREMENT.</DELETED>

<DELETED>    (a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Director of the Office of Federal 
Procurement Policy, in consultation with the Director and the Under 
Secretary of Defense for Acquisition, Technology, and Logistics, shall 
promulgate revisions of the applicable acquisition regulations, to take 
effect as of the date of promulgation of the revisions--</DELETED>
        <DELETED>    (1) to direct any Federal procurement executives 
        involved in the acquisition, construction, or major renovation 
        (including contracting for the construction or major 
        renovation) of any facility--</DELETED>
                <DELETED>    (A) to employ integrated design 
                principles;</DELETED>
                <DELETED>    (B) to improve site selection for 
                environmental and community benefits;</DELETED>
                <DELETED>    (C) to optimize building and systems 
                energy performance;</DELETED>
                <DELETED>    (D) to protect and conserve 
                water;</DELETED>
                <DELETED>    (E) to enhance indoor environmental 
                quality; and</DELETED>
                <DELETED>    (F) to reduce environmental impacts of 
                materials and waste flows; and</DELETED>
        <DELETED>    (2) to direct Federal procurement executives 
        involved in leasing buildings, to give preference to the lease 
        of facilities that--</DELETED>
                <DELETED>    (A) are energy-efficient; and</DELETED>
                <DELETED>    (B) to the maximum extent practicable, 
                have applied contemporary high-performance and 
                sustainable design principles during construction or 
                renovation.</DELETED>
<DELETED>    (b) Guidance.--Not later than 90 days after the date of 
promulgation of the revised regulations under subsection (a), the 
Director shall issue guidance to all Federal procurement executives 
providing direction and instructions to renegotiate the design of 
proposed facilities, renovations for existing facilities, and leased 
facilities to incorporate improvements that are consistent with this 
section.</DELETED>

<DELETED>SEC. 303. FEDERAL GREEN BUILDING PERFORMANCE.</DELETED>

<DELETED>    (a) In General.--Not later than October 31 of each of the 
2 fiscal years following the fiscal year in which this Act is enacted, 
and at such times thereafter as the Comptroller General of the United 
States determines to be appropriate, the Comptroller General of the 
United States shall, with respect to the fiscal years that have passed 
since the preceding report--</DELETED>
        <DELETED>    (1) conduct an audit of the implementation of this 
        Act; and</DELETED>
        <DELETED>    (2) submit to the Office, the Committee, the 
        Administrator, and Congress a report describing the results of 
        the audit.</DELETED>
<DELETED>    (b) Contents.--An audit under subsection (a) shall include 
a review, with respect to the period covered by the report under 
subsection (a)(2), of--</DELETED>
        <DELETED>    (1) budget, life-cycle costing, and contracting 
        issues, using best practices identified by the Comptroller 
        General of the United States and heads of other agencies in 
        accordance with section 106;</DELETED>
        <DELETED>    (2) the level of coordination among the Office, 
        the Office of Management and Budget, and relevant 
        agencies;</DELETED>
        <DELETED>    (3) the performance of the Office in carrying out 
        the implementation plan;</DELETED>
        <DELETED>    (4) the design stage of high-performance green 
        building measures;</DELETED>
        <DELETED>    (5) high-performance building data that were 
        collected and reported to the Office; and</DELETED>
        <DELETED>    (6) such other matters as the Comptroller General 
        of the United States determines to be appropriate.</DELETED>
<DELETED>    (c) Consultation.--The Director shall consult with the 
Committee to enhance and assist the implementation of the Environmental 
Stewardship Scorecard announced at the White House Summit on Federal 
sustainable buildings in January 2006, to measure the implementation by 
each Federal agency of sustainable design and green building 
initiatives.</DELETED>

           <DELETED>TITLE IV--DEMONSTRATION PROJECT</DELETED>

<DELETED>SEC. 401. COORDINATION OF GOALS.</DELETED>

<DELETED>    (a) In General.--The Director shall establish guidelines 
to implement a demonstration project to contribute to the research 
goals of the Office.</DELETED>
<DELETED>    (b) Projects.--In accordance with guidelines established 
by the Director under subsection (a) and the duties of the Director 
described in title I, the Director shall carry out--</DELETED>
        <DELETED>    (1) for each of fiscal years 2008 through 2013, 1 
        demonstration project in a Federal building selected by the 
        Director in accordance with relevant agencies and described in 
        subsection (c)(1), that--</DELETED>
                <DELETED>    (A) provides for the evaluation of the 
                information obtained through the conduct of projects 
                and activities under this Act; and</DELETED>
                <DELETED>    (B) achieves a platinum rating, as defined 
                by the Leadership in Energy and Environmental Design 
                Building Rating System standard established by the 
                United States Green Building Council (or equivalent 
                rating); and</DELETED>
        <DELETED>    (2) no fewer than 4 demonstration projects at 4 
        universities, that, as competitively selected by the Director 
        in accordance with subsection (c)(2), have--</DELETED>
                <DELETED>    (A) appropriate research resources and 
                relevant projects to meet the goals of the 
                demonstration project established by the Office; 
                and</DELETED>
                <DELETED>    (B) the ability--</DELETED>
                        <DELETED>    (i) to serve as a model for high-
                        performance green building initiatives, 
                        including research and education;</DELETED>
                        <DELETED>    (ii) to identify the most 
                        effective ways to use high-performance green 
                        building and landscape technologies to engage 
                        and educate undergraduate and graduate 
                        students;</DELETED>
                        <DELETED>    (iii) to effectively implement a 
                        high-performance green building education 
                        program for students and occupants;</DELETED>
                        <DELETED>    (iv) to demonstrate the 
                        effectiveness of various high-performance 
                        technologies in each of the 4 climatic regions 
                        of the United States described in subsection 
                        (c)(2)(B); and</DELETED>
                        <DELETED>    (v) to explore quantifiable and 
                        nonquantifiable beneficial impacts on public 
                        health and employee and student 
                        performance.</DELETED>
<DELETED>    (c) Criteria.--</DELETED>
        <DELETED>    (1) Federal facilities.--With respect to the 
        existing or proposed Federal facility at which a demonstration 
        project under this section is conducted, the Federal facility 
        shall--</DELETED>
                <DELETED>    (A) be an appropriate model for a project 
                relating to--</DELETED>
                        <DELETED>    (i) the effectiveness of high-
                        performance technologies;</DELETED>
                        <DELETED>    (ii) analysis of materials, 
                        components, systems, and emergency operations 
                        in the building, and the impact of those 
                        materials, components, and systems, including 
                        the impact on the health of building 
                        occupants;</DELETED>
                        <DELETED>    (iii) life-cycle costing and life-
                        cycle assessment of building materials and 
                        systems; and</DELETED>
                        <DELETED>    (iv) location and design that 
                        promote access to the Federal facility through 
                        walking, biking, and mass transit; 
                        and</DELETED>
                <DELETED>    (B) possess sufficient technological and 
                organizational adaptability.</DELETED>
        <DELETED>    (2) Universities.--With respect to the 4 
        universities at which a demonstration project under this 
        section is conducted--</DELETED>
                <DELETED>    (A) the universities should be selected, 
                after careful review of all applications received 
                containing the required information, as determined by 
                the Director, based on--</DELETED>
                        <DELETED>    (i) successful and established 
                        public-private research and development 
                        partnerships;</DELETED>
                        <DELETED>    (ii) demonstrated capabilities to 
                        construct or renovate buildings that meet high 
                        indoor environmental quality 
                        standards;</DELETED>
                        <DELETED>    (iii) organizational 
                        flexibility;</DELETED>
                        <DELETED>    (iv) technological 
                        adaptability;</DELETED>
                        <DELETED>    (v) the demonstrated capacity of 
                        at least 1 university to replicate lessons 
                        learned among nearby or sister universities, 
                        preferably by participation in groups or 
                        consortia that promote 
                        sustainability;</DELETED>
                        <DELETED>    (vi) the demonstrated capacity of 
                        at least 1 university to have officially-
                        adopted, institution-wide ``green building'' 
                        guidelines for all campus building projects; 
                        and</DELETED>
                        <DELETED>    (vii) the demonstrated capacity of 
                        at least 1 university to have been recognized 
                        by similar institutions as a national leader in 
                        sustainability education and curriculum for 
                        students of the university; and</DELETED>
                <DELETED>    (B) each university shall be located in a 
                different climatic region of the United States, each of 
                which regions shall have, as determined by the Office--
                </DELETED>
                        <DELETED>    (i) a hot, dry climate;</DELETED>
                        <DELETED>    (ii) a hot, humid 
                        climate;</DELETED>
                        <DELETED>    (iii) a cold climate; or</DELETED>
                        <DELETED>    (iv) a temperate climate 
                        (including a climate with cold winters and 
                        humid summers).</DELETED>
<DELETED>    (d) Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter through September 30, 
2013--</DELETED>
        <DELETED>    (1) the Director shall submit to the Administrator 
        a report that describes the status of the demonstration 
        projects; and</DELETED>
        <DELETED>    (2) each University at which a demonstration 
        project under this section is conducted shall submit to the 
        Administrator a report that describes the status of the 
        demonstration projects under this section.</DELETED>

<DELETED>SEC. 402. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Federal Demonstration Project.--There is authorized to 
be appropriated to carry out the Federal demonstration project 
described in section 401(b)(1) $10,000,000 for the period of fiscal 
years 2008 through 2013, to remain available until expended.</DELETED>
<DELETED>    (b) University Demonstration Projects.--There is 
authorized to be appropriated to carry out the university demonstration 
projects described in section 401(b)(2) $10,000,000 for the period of 
fiscal years 2008 through 2013, to remain available until 
expended.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``High-Performance 
Green Buildings Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

          TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS

Sec. 101. Oversight.
Sec. 102. Office of High-Performance Green Buildings.
Sec. 103. Green Building Advisory Committee.
Sec. 104. Public outreach.
Sec. 105. Research and development.
Sec. 106. Budget and life-cycle costing and contracting.
Sec. 107. Authorization of appropriations.

               TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

Sec. 201. Definition of high-performance school.
Sec. 202. Grants for healthy school environments.
Sec. 203. Model guidelines for siting of school facilities.
Sec. 204. Public outreach.
Sec. 205. Authorization of appropriations.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP

Sec. 301. Incentives.
Sec. 302. Federal procurement.
Sec. 303. Federal green building performance.

                    TITLE IV--DEMONSTRATION PROJECT

Sec. 401. Coordination of goals.
Sec. 402. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Committee.--The term ``Committee'' means the Green 
        Building Advisory Committee established under section 103(a).
            (3) Director.--The term ``Director'' means the individual 
        appointed to the position established under section 101(a).
            (4) Federal facility.--
                    (A) In general.--The term ``Federal facility'' 
                means any building or facility the intended use of 
                which requires the building or facility to be--
                            (i) accessible to the public; and
                            (ii) constructed or altered by or on behalf 
                        of the United States.
                    (B) Exclusions.--The term ``Federal facility'' does 
                not include a privately-owned residential or commercial 
                structure that is not leased by the Federal Government.
            (5) High-performance green building.--The term ``high-
        performance green building'' means a building--
                    (A) that, during its life-cycle--
                            (i) reduces energy, water, and material 
                        resource use and the generation of waste;
                            (ii) improves indoor environmental quality, 
                        including protecting indoor air quality during 
                        construction, using low-emitting materials, 
                        improving thermal comfort, and improving 
                        lighting and acoustic environments that affect 
                        occupant health and productivity;
                            (iii) improves indoor and outdoor impacts 
                        of the building on human health and the 
                        environment;
                            (iv) increases the use of environmentally 
                        preferable products, including biobased, 
                        recycled content, and nontoxic products with 
                        lower life-cycle impacts;
                            (v) increases reuse and recycling 
                        opportunities; and
                            (vi) integrates systems in the building; 
                        and
                    (B) for which, during its planning, design, and 
                construction, the environmental and energy impacts of 
                building location and site design are considered.
            (6) 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 components, equipment, systems, 
        and controls of the building) beginning at conception of a 
        green building project and continuing through site selection, 
        design, construction, landscaping, commissioning, operation, 
        maintenance, renovation, deconstruction or demolition, removal, 
        and recycling of the green building.
            (7) Life-cycle assessment.--The term ``life-cycle 
        assessment'' means a comprehensive system approach for 
        measuring the environmental performance of a product or service 
        over the life of the product or service, beginning at raw 
        materials acquisition and continuing through manufacturing, 
        transportation, installation, use, reuse, and end-of-life waste 
        management.
            (8) Life-cycle costing.--The term ``life-cycle costing'', 
        with respect to a high-performance green building, means a 
        technique of economic evaluation that--
                    (A) sums, over a given study period, the costs of 
                initial investment (less resale value), replacements, 
                operations (including energy use), and maintenance and 
                repair of an investment decision; and
                    (B) is expressed--
                            (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.
            (9) Office.--The term ``Office'' means the Office of High-
        Performance Green Buildings established under section 102(a).

          TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS

SEC. 101. OVERSIGHT.

    (a) In General.--The Administrator shall establish within the 
General Services Administration, and appoint an individual to serve as 
Director in, a position in the career-reserved Senior Executive 
service, to--
            (1) establish and manage the Office in accordance with 
        section 102; and
            (2) carry out other duties as required under this Act.
    (b) Compensation.--The compensation of the 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 
applicable locality-based comparability payment that may be authorized 
under section 5304(h)(2)(C) of that title.

SEC. 102. OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.

    (a) Establishment.--The Director shall establish within the General 
Services Administration an Office of High-Performance Green Buildings.
    (b) Duties.--The Director shall--
            (1) ensure full coordination of high-performance green 
        building information and activities within the General Services 
        Administration and all relevant Federal agencies, including, at 
        a minimum--
                    (A) the Environmental Protection Agency;
                    (B) the Office of the Federal Environmental 
                Executive;
                    (C) the Office of Federal Procurement Policy;
                    (D) the Department of Energy;
                    (E) the Department of Health and Human Services;
                    (F) the Department of Defense; and
                    (G) such other Federal agencies as the Director 
                considers to be appropriate;
            (2) establish a senior-level green building advisory 
        committee, which shall provide advice and recommendations in 
        accordance with section 103;
            (3) identify and biennially reassess improved or higher 
        rating standards recommended by the Committee;
            (4) establish a national high-performance green building 
        clearinghouse in accordance with section 104, which shall 
        provide green building information through--
                    (A) outreach;
                    (B) education; and
                    (C) the provision of technical assistance;
            (5) ensure full coordination of research and development 
        information relating to high-performance green building 
        initiatives under section 105;
            (6) identify and develop green building standards that 
        could be used for all types of Federal facilities in accordance 
        with section 105;
            (7) establish green practices that can be used throughout 
        the life of a Federal facility;
            (8) review and analyze current Federal budget practices and 
        life-cycle costing issues, and make recommendations to 
        Congress, in accordance with section 106; and
            (9) complete and submit the report described in subsection 
        (c).
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, and biennially thereafter, the Director shall submit to 
Congress a report that--
            (1) describes the status of the green building initiatives 
        under this Act and other Federal programs 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 Act; and
                    (B) the status of funding requests and 
                appropriations for those programs;
            (2) identifies within the planning, budgeting, and 
        construction process all types of Federal facility procedures 
        that inhibit new and existing Federal facilities from becoming 
        high-performance green buildings as measured by--
                    (A) a silver rating, as defined by the Leadership 
                in Energy and Environmental Design Building Rating 
                System standard established by the United States Green 
                Building Council (or an equivalent rating obtained 
                through a comparable system); or
                    (B) an improved or higher rating standard, as 
                identified by the Committee;
            (3) identifies inconsistencies, as reported to the 
        Committee, in Federal law with respect to product acquisition 
        guidelines and high-performance product guidelines;
            (4) recommends language for uniform standards for use by 
        Federal agencies in environmentally responsible acquisition;
            (5) in coordination with the Office of Management and 
        Budget, reviews the budget process for capital programs with 
        respect to alternatives for--
                    (A) restructuring of budgets to recommend the use 
                of complete energy- and environmental-cost accounting;
                    (B) using operations expenditures in budget-related 
                decisions while simultaneously incorporating 
                productivity and health measures (as those measures can 
                be quantified by the Office, 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; and
                    (D) identifying short- 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 green building initiatives, including Executive 
        orders, policies, or laws adopted promoting green building 
        (including the status of implementation 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 recommendation, described in paragraphs 
        (1) through (6).
    (d) Implementation.--The Office shall carry out each plan for 
implementation of recommendations under subsection (c)(7).

SEC. 103. GREEN BUILDING ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Director shall establish an advisory 
committee, to be known as the ``Green Building Advisory Committee''.
    (b) Membership.--
            (1) In general.--The Committee shall be composed of 
        representatives of, at a minimum--
                    (A) each agency referred to in section 102(b)(1); 
                and
                    (B) other relevant agencies and entities, as 
                determined by the Director, including at least 1 
                representative of each of--
                            (i) State and local governmental green 
                        building programs;
                            (ii) independent green building 
                        associations or councils;
                            (iii) building experts, including 
                        architects, material suppliers, and 
                        construction contractors;
                            (iv) security advisors focusing on national 
                        security needs, natural disasters, and other 
                        dire emergency situations; and
                            (v) environmental health experts, including 
                        those with experience in children's health.
            (2) Non-federal members.--The total number of non-Federal 
        members on the Committee at any time shall not exceed 15.
    (c) Meetings.--The Director shall establish a regular schedule of 
meetings for the Committee.
    (d) Duties.--The Committee shall provide advice and expertise for 
use by the Director in carrying out the duties under this Act, 
including such recommendations relating to Federal activities carried 
out under sections 104 through 106 as are agreed to by a majority of 
the members of the Committee.
    (e) FACA Exemption.--The Committee shall not be subject to section 
14 of the Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 104. PUBLIC OUTREACH.

    The Director, in coordination with the Committee, shall carry out 
public outreach to inform individuals and entities of the information 
and services available Government-wide by--
            (1) establishing and maintaining a national high-
        performance green building clearinghouse, including on the 
        Internet, that--
                    (A) identifies existing similar efforts and 
                coordinates activities of common interest; and
                    (B) provides information relating to high-
                performance green buildings, including hyperlinks to 
                Internet sites that describe related activities, 
                information, and resources of--
                            (i) the Federal Government;
                            (ii) State and local governments;
                            (iii) the private sector (including 
                        nongovernmental and nonprofit entities and 
                        organizations); and
                            (iv) other relevant organizations, 
                        including those from other countries;
            (2) identifying and recommending educational resources for 
        implementing high-performance green building practices, 
        including security and emergency benefits and practices;
            (3) providing access to technical assistance on using tools 
        and resources to make more cost-effective, energy-efficient, 
        health-protective, and environmentally beneficial decisions for 
        constructing high-performance green buildings, including tools 
        available to conduct life-cycle costing and life-cycle 
        assessment;
            (4) providing information on application processes for 
        certifying a high-performance green building, including 
        certification and commissioning;
            (5) providing technical information, market research, or 
        other forms of assistance or advice that would be useful in 
        planning and constructing high-performance green buildings; and
            (6) using such other methods as are determined by the 
        Director to be appropriate.

SEC. 105. RESEARCH AND DEVELOPMENT.

    The Director, in coordination with the Committee, shall--
            (1)(A) survey existing research and studies relating to 
        high-performance green buildings; and
            (B) coordinate activities of common interest;
            (2) develop and recommend a high-performance green building 
        research plan that--
                    (A) identifies information and research needs, 
                including the relationships between human health, 
                occupant productivity, and each of--
                            (i) emissions from materials and products 
                        in the building;
                            (ii) natural day lighting;
                            (iii) ventilation choices and technologies;
                            (iv) heating, cooling, and system control 
                        choices and technologies;
                            (v) moisture control and mold;
                            (vi) maintenance, cleaning, and pest 
                        control activities;
                            (vii) acoustics; and
                            (viii) other issues relating to the health, 
                        comfort, productivity, and performance of 
                        occupants of the building; and
                    (B) promotes the development and dissemination of 
                high-performance green building measurement tools that, 
                at a minimum, may be used--
                            (i) to monitor and assess the life-cycle 
                        performance of facilities (including 
                        demonstration projects) built as high-
                        performance green buildings; and
                            (ii) to perform life-cycle assessments;
            (3) assist the budget and life-cycle costing functions of 
        the Office under section 106;
            (4) study and identify potential benefits of green 
        buildings relating to security, natural disaster, and emergency 
        needs of the Federal Government; and
            (5) support other research initiatives determined by the 
        Office.

SEC. 106. BUDGET AND LIFE-CYCLE COSTING AND CONTRACTING.

    (a) Establishment.--The Director, in coordination with the 
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 green building life-cycle costing and budgetary 
        issues;
            (2) develop guidance and conduct training sessions with 
        budget specialists and contracting personnel from Federal 
        agencies and budget examiners to apply life-cycle cost criteria 
        to actual projects;
            (3) identify tools to aid life-cycle cost decisionmaking; 
        and
            (4) explore the feasibility of incorporating the benefits 
        of green buildings, such as security benefits, into a cost-
        budget analysis to aid in life-cycle costing for budget and 
        decision making processes.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$3,000,000 for each of fiscal years 2008 through 2012, to remain 
available until expended.

               TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

SEC. 201. DEFINITION OF HIGH-PERFORMANCE SCHOOL.

    In this title, the term ``high-performance school'' has the meaning 
given the term ``healthy, high-performance school building'' in section 
5586 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7277e).

SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.

    The Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Education, may provide grants to 
qualified State agencies for use in--
            (1) providing technical assistance for programs of the 
        Environmental Protection Agency (including the Tools for 
        Schools Program and the Healthy School Environmental Assessment 
        Tool) to schools for use in addressing environmental issues; 
        and
            (2) development of State school environmental quality plans 
        that include--
                    (A) standards for school building design, 
                construction, and renovation; and
                    (B) identification of ongoing school building 
                environmental problems in the State and recommended 
                solutions to address those problems, including 
                assessment of information on the exposure of children 
                to environmental hazards in school facilities.

SEC. 203. MODEL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

    The Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Education and the Secretary of 
Health and Human Services, shall develop school site selection 
guidelines that account for--
            (1) the special vulnerability of children to hazardous 
        substances or pollution exposures in any case in which the 
        potential for contamination at a potential school site exists;
            (2) modes of transportation available to students and 
        staff; and
            (3) the potential use of a school at the site as an 
        emergency shelter.

SEC. 204. PUBLIC OUTREACH.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall provide to the Director information relating to all 
activities carried out under this title, which the Director shall 
include in the report described in section 102(c).
    (b) Public Outreach.--The Director shall ensure, to the maximum 
extent practicable, that the public clearinghouse established under 
section 104 receives and makes available information on the exposure of 
children to environmental hazards in school facilities, as provided by 
the Administrator of the Environmental Protection Agency.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$5,000,000 for the period of fiscal years 2008 through 2012, to remain 
available until expended.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP

SEC. 301. INCENTIVES.

    As soon as practicable after the date of enactment of this Act, the 
Director shall identify incentives to encourage the use of green 
buildings and related technology in the operations 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.

SEC. 302. FEDERAL PROCUREMENT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Director of the Office of Federal Procurement Policy, 
in consultation with the Director and the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, shall promulgate revisions 
of the applicable acquisition regulations, to take effect as of the 
date of promulgation of the revisions--
            (1) to direct any Federal procurement executives involved 
        in the acquisition, construction, or major renovation 
        (including contracting for the construction or major 
        renovation) of any facility, to the maximum extent 
        practicable--
                    (A) to employ integrated design principles;
                    (B) to optimize building and systems energy 
                performance;
                    (C) to protect and conserve water;
                    (D) to enhance indoor environmental quality; and
                    (E) to reduce environmental impacts of materials 
                and waste flows; and
            (2) to direct Federal procurement executives involved in 
        leasing buildings, to give preference to the lease of 
        facilities that, to the maximum extent practicable--
                    (A) are energy-efficient; and
                    (B) have applied contemporary high-performance and 
                sustainable design principles during construction or 
                renovation.
    (b) Guidance.--Not later than 90 days after the date of 
promulgation of the revised regulations under subsection (a), the 
Director shall issue guidance to all Federal procurement executives 
providing direction and the option to renegotiate the design of 
proposed facilities, renovations for existing facilities, and leased 
facilities to incorporate improvements that are consistent with this 
section.

SEC. 303. FEDERAL GREEN BUILDING PERFORMANCE.

    (a) In General.--Not later than October 31 of each of the 2 fiscal 
years following the fiscal year in which this Act is enacted, and at 
such times thereafter as the Comptroller General of the United States 
determines to be appropriate, the Comptroller General of the United 
States shall, with respect to the fiscal years that have passed since 
the preceding report--
            (1) conduct an audit of the implementation of this Act; and
            (2) submit to the Office, the Committee, the Administrator, 
        and Congress a report describing the results of the audit.
    (b) Contents.--An audit under subsection (a) shall include a 
review, with respect to the period covered by the report under 
subsection (a)(2), of--
            (1) budget, life-cycle costing, and contracting issues, 
        using best practices identified by the Comptroller General of 
        the United States and heads of other agencies in accordance 
        with section 106;
            (2) the level of coordination among the Office, the Office 
        of Management and Budget, and relevant agencies;
            (3) the performance of the Office in carrying out the 
        implementation plan;
            (4) the design stage of high-performance green building 
        measures;
            (5) high-performance building data that were collected and 
        reported to the Office; and
            (6) such other matters as the Comptroller General of the 
        United States determines to be appropriate.
    (c) Environmental Stewardship Scorecard.--The Director shall 
consult with the Committee to enhance, and assist in the implementation 
of, the Environmental Stewardship Scorecard announced at the White 
House summit on Federal sustainable buildings in January 2006, to 
measure the implementation by each Federal agency of sustainable design 
and green building initiatives.

                    TITLE IV--DEMONSTRATION PROJECT

SEC. 401. COORDINATION OF GOALS.

    (a) In General.--The Director shall establish guidelines to 
implement a demonstration project to contribute to the research goals 
of the Office.
    (b) Projects.--In accordance with guidelines established by the 
Director under subsection (a) and the duties of the Director described 
in title I, the Director shall carry out a demonstration project, in a 
Federal building in the State of Vermont in accordance with subsection 
(c), that--
            (1) provides for the evaluation of the information obtained 
        through the conduct of projects and activities under this Act; 
        and
            (2) achieves a platinum rating, as defined by the 
        Leadership in Energy and Environmental Design Building Rating 
        System standard established by the United States Green Building 
        Council (or an equivalent rating obtained through a comparable 
        system).
    (c) Criteria.--With respect to the existing or proposed Federal 
facility at which a demonstration project under this section is 
conducted, the Federal facility shall--
            (1) be an appropriate model for a project relating to--
                    (A) the effectiveness of high-performance 
                technologies;
                    (B) analysis of materials, components, and systems, 
                including the impact on the health of building 
                occupants;
                    (C) life-cycle costing and life-cycle assessment of 
                building materials and systems; and
                    (D) location and design that promote access to the 
                Federal facility through walking, biking, and mass 
                transit; and
            (2) possess sufficient technological and organizational 
        adaptability.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter through September 30, 2013, the 
Director shall submit to the Administrator a report that describes the 
status of and findings regarding the demonstration project.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the Federal 
demonstration project described in section 401(b) $5,000,000 for the 
period of fiscal years 2008 through 2012, to remain available until 
expended.
                                                       Calendar No. 660

109th CONGRESS

  2d Session

                                S. 3591

                          [Report No. 109-358]

_______________________________________________________________________

                                 A BILL

  To improve efficiency in the Federal Government through the use of 
       high-performance green buildings, and for other purposes.

_______________________________________________________________________

                           November 13, 2006

                       Reported with an amendment