[Congressional Record Volume 150, Number 93 (Thursday, July 8, 2004)]
[Senate]
[Pages S7829-S7834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Lautenberg, Mr. Reid, Mr. 
        Wyden, Mr. Carper, Mr. Harkin, Mr. Leahy, and Mrs. Clinton):
  S. 2620. A bill to provide for the establishment of an Office of 
High-Performance Green Buildings, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I rise today to introduce the ``High 
Performance Green Buildings Act of 2004.''
  I would like to thank Senator Lautenberg and the other cosponsors for 
working with me to introduce this important legislation.
  Preliminary studies are showing that high-performance green buildings 
generate huge savings in operations and maintenance costs due to their 
efficient operating systems. These studies have also demonstrated that 
high-performance green buildings provide a healthier work environment 
for the occupants, resulting in fewer absences due to illness. The 
outcome is huge savings in health related costs. All of these savings 
are generated, while sustaining very little impact on their surrounding 
environment.
  In the United States, buildings account for: 36 percent of total 
energy use; 65 percent of electricity consumption; 30 percent of 
greenhouse gas emissions; 30 percent of raw materials use; 30 percent 
of waste output and 12 percent of potable water consumption.

[[Page S7830]]

Why not build buildings that strive to conserve our precious resources 
and reduce the harmful pollutants that are damaging to the environment?
  In an era of great security concern, green buildings have reduced 
energy requirements and may use renewable sources of energy that are 
off the electricity grid. Green buildings also use less water and some 
even collect rainwater to use throughout the building. Should there be 
a terrorist act that damages or destroys our Nation's resources, these 
buildings could assist in keeping our government up and running.
  There is no downside to utilizing high-performance buildings. This 
initiative is taking off in the private sector. According to the US 
Green Building Council, there are 118 certified green buildings across 
the United States with 1,395 in the pipeline. This legislation would 
ensure that the Federal Government is keeping pace with the real world 
and doing its part to protect the environment and provide a safe work 
place for its employees.
  The General Services Administration, GSA, is the largest landlord in 
the United States, with over 8,700 buildings in their current 
inventory. This legislation creates an office within GSA to oversee the 
green building efforts of agencies within the government. GSA is a 
natural leader to focus on our federal buildings and ensure that they 
are safe, healthy, and efficient.
  This legislation will coordinate the efforts within the Federal 
Government to promote high-performance green buildings, provide public 
outreach, and expand existing research.
  The bill creates an Interagency Steering Committee to advise the 
Office within GSA. The Committee will be comprised of key 
representatives of each relevant agency, state and local governments, 
nongovernment organizations, and experts within the building community. 
This Committee will ensure that the Federal Government stays up to date 
with technology and the latest advancements to ensure that high-
performance buildings operate efficiently while continuing to provide a 
healthier environment for the occupants.
  In addition, research efforts will be expanded to focus on buildings 
and the impacts that their systems have on human health and worker 
productivity. We just don't know enough. Are we making our employees 
sick by providing poor workspace?
  The High-Performance Green Buildings Act also requires that a good 
hard look be taken at the budget process we have used for years and 
explore ways to improve the approval process for government projects. 
We need to grow with the times and ensure that our budget process 
allows us to take into account life-cycle costing. This means that we 
allow our financial experts to factor in savings that green buildings 
generate over time, and don't just look at the upfront cost of a 
building. It has been documented that high-performance green buildings 
recover any initial upfront costs from incorporating efficient systems 
within the first few years of operation. The average life of a federal 
building is 50 years. In the times of soaring budget deficits, it is 
imperative that the Federal Government pursue all cost-saving options.
  High-performance green buildings are not just for federal buildings, 
but involve any type of building, including schools. This legislation 
also focuses on providing healthier, more efficient school facilities 
for our children. The bill provides $10 million in grants to state and 
local education agencies for technical assistance and the 
implementation of the Environmental Protection Agency's, EPA, Tools for 
Schools Program. The bill will help schools develop plans to focus on 
the design, construction, and renovation of school facilities, and look 
at systematic improvements for school siting, indoor air quality, 
reducing contaminants, and other health issues. This legislation also 
encourages research to study the effects that these systems are having 
on student health and productivity. Our children deserve to learn in an 
environment that is safe and conducive to learning.
  Lastly, this bill will promote leadership within the Federal 
Government and provide incentives for government agencies to build 
high-performance green buildings. It also creates a clearinghouse to 
keep individuals and entities, including Congress and the government, 
informed on the information and services that the Office will provide.
  I strongly encourage your support of the ``High-Performance Green 
Buildings Act of 2004.'' This has been a long time coming and will 
benefit all of us.
  I ask unanimous consent that the ``High-Performance Green Buildings 
Act of 2004'' be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2620

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Definitions

          TITLE I--OFFICE OF HIGH-PERFORMANCE GREEN BUILDINGS.

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

              TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS.

Sec. 201. Grants for schools.
Sec. 202. Federal guidelines for siting of school facilities.
Sec. 203. Education research program.
Sec. 204. Authorization of appropriations.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP.

Sec. 301. General Accounting Office.

                    TITLE IV--DEMONSTRATION PROJECT.

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

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) buildings have profound impacts on the environment, 
     energy use, and health of individuals, and numerous studies 
     suggest that building environments affect worker 
     productivity;
       (2) buildings in the United States consume 37 percent of 
     the energy, 68 percent of the electricity, and 12 percent of 
     the potable water used in the United States, and overall 
     construction of buildings (including construction of related 
     infrastructure) consumes 60 percent of all raw materials used 
     in the economy of the United States (excluding materials used 
     for food or fuel);
       (3) in the United States, buildings generate--
       (A) 40 percent of the nonindustrial waste stream;
       (B) 31 percent of the mercury in municipal solid waste; and
       (C) 35 percent of the carbon dioxide (the primary 
     greenhouse gas associated with climate change), 49 percent of 
     the sulfur dioxide, and 25 percent of the nitrogen oxides 
     found in the air;
       (4) buildings contribute to the ``heat island effect'' by 
     eliminating vegetative cover and using paving and roofing 
     materials that absorb heat and raise ambient temperatures, 
     accelerating the reaction that forms ground-level ozone;
       (5) according to the Environmental Protection Agency, on 
     average, people in the United States spend approximately 90 
     percent of their time indoors, where the concentration of 
     pollutants may be 2 to 5 times and, in some cases, 100 times, 
     higher than pollution concentrations in outdoor air;
       (6) the Centers for Disease Control and the Environmental 
     Protection Agency have connected poor indoor air quality to 
     significantly elevated rates of mortality;
       (7) health impacts from building materials, such as 
     adhesives, paints, carpeting, and pressed-wood products, 
     which may emit pollutants such as formaldehyde or other 
     volatile organic compounds, are still uncertain but are 
     believed to be potentially significant;
       (8) according to the Building Owners and Managers 
     Association, because costs relating to employees, at $130 per 
     square foot annually (including health insurance costs), are 
     by far the highest business costs of a building, as opposed 
     to total energy costs at $1.81 per square foot, measures to 
     improve the indoor air quality of a building can be an 
     important investment in reducing long-term employee costs;
       (9) the use of energy efficient systems and alternative 
     sources of energy--
       (A) reduces building costs; and
       (B) improves the security of the United States by ensuring 
     continuing operations despite any potential interruptions in 
     the primary energy supply of the United States as a result of 
     terrorism or other disruptions of the electricity grid;
       (10) by integrating issues relating to natural resource 
     use, human health, materials use, transportation needs, and 
     other concerns into planning the life cycle of a building, 
     architects, designers, and developers can construct buildings 
     that--

[[Page S7831]]

       (A) are healthier for occupants;
       (B) reduce environmental impacts; and
       (C) are less wasteful of resources;
       (11) a well-designed high-performance green building can be 
     less expensive to build and operate throughout the lifetime 
     of the building than a building that is not a high-
     performance green building;
       (12) in 2003, in the document entitled ``The Federal 
     Commitment to Green Building: Experiences and Expectations'', 
     the Office of the Federal Environmental Executive found that 
     ``[t]here is a mixture of diverse Federal green building 
     mandates in law, regulation, and Executive Orders, but not 
     one definitive, clear, and unified policy statement on 
     environmental design. Many within the Federal government are 
     working on green buildings, but additional coordination and 
     integration are needed.'';
       (13) a central coordinating Federal authority for green 
     buildings would increase efficiency of, improve communication 
     between, and reduce duplication within green building 
     programs; and
       (14) the General Services Administration, as the largest 
     civilian landlord in the United States, managing more than 
     8,300 buildings owned or leased by the United States, is the 
     appropriate agency to provide Federal agency coordination of 
     green building programs.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Committee.--The term ``Committee'' means the steering 
     committee established under section 103(a).
       (3) High-performance green building.--The term ``high-
     performance green building'' means a building the life cycle 
     of which--
       (A) increases the efficiency with which the building--
       (i) reduces energy, water, and material resource use;
       (ii) improves indoor environmental quality, reduces indoor 
     pollution, improves thermal comfort, and improves lighting 
     and noise environments that affect occupant health and 
     productivity;
       (iii) reduces negative impacts on the environment 
     throughout the life cycle of the building, including air and 
     water pollution and waste generation;
       (iv) increases the use of environmentally preferable 
     products, including biobased, recycled content, and nontoxic 
     products with lower life-cycle impacts;
       (v) reduces the negative impacts of emissions under the 
     Clean Air Act (42 U.S.C. 7401 et seq.);
       (vi) integrates systems in the building; and
       (vii) reduces the environmental impacts of transportation 
     through building location and site design that support a full 
     range of transportation choices for users of the building;
       (B) considers indoor and outdoor impacts of the building on 
     human health and the environment, including--
       (i) improvements in worker productivity;
       (ii) the life-cycle impacts of building materials and 
     operations; and
       (iii) other factors that the Office considers to be 
     appropriate.
       (4) 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).
       (5) Life cycle.--The term ``life cycle'', with respect to a 
     high-performance green building, means all stages of the 
     useful life of the high-performance green building (including 
     components, equipment, systems, and controls of the building) 
     beginning at conception of a green building project and 
     continuing through siting, design, construction, landscaping, 
     commissioning, operation, maintenance, renovation, 
     deconstruction, and removal of the green building.
       (6) Life cycle assessment.--The term ``life cycle 
     assessment'' means a comprehensive system approach for 
     measuring the environmental performance of a product or 
     service that includes an analysis of the environmental 
     impacts of--
       (A) each stage in the life of the product or service 
     (including acquisition of raw materials, product manufacture, 
     transportation, installation, operation and maintenance, and 
     waste management); and
       (B) each component of the product or service.
       (7) Life-cycle costing.--The term ``life-cycle costing'', 
     with respect to a high-performance green building, means an 
     analysis of economic costs of impacts and choices made 
     regarding materials used and activities carried out with 
     respect to the life cycle of the high-performance green 
     building.
       (8) 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).
       (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 
     appropriate individual to, a position in the career-reserved 
     Senior Executive service to--
       (1) establish and oversee the Office of High-Performance 
     Green Buildings in accordance with section 102; and
       (2) carry out other duties as required under this Act.
       (b) Compensation.--The compensation of the individual 
     appointed under subsection (a) 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 individual appointed under section 
     101(a), in partnership with the Administrator of the 
     Environmental Protection Agency, the Office of the Federal 
     Environmental Executive, the Secretary of Energy, the 
     Secretary of Commerce, the Secretary of Defense, the 
     Secretary of Homeland Security, the Secretary of Health and 
     Human Services, the Director of the Office of Management and 
     Budget, and heads of other relevant Federal agencies, shall 
     establish within the General Services Administration an 
     Office of High-Performance Green Buildings.
       (b) Duties.--The Office shall--
       (1) ensure full coordination and collaboration with all 
     relevant agencies;
       (2) establish a senior-level Federal interagency steering 
     committee in accordance with section 103;
       (3) provide information through--
       (A) outreach;
       (B) education;
       (C) the provision of technical assistance; and
       (D) the development of a national high-performance green 
     building clearinghouse in accordance with section 104;
       (4) provide for research and development relating to high-
     performance green building initiatives under section 105(a);
       (5) in partnership with the Comptroller General, review and 
     analyze budget and life-cycle costing issues in accordance 
     with section 106;
       (6) complete and submit a report in accordance with 
     subsection (c); and
       (7) carry out implementation plans described in subsection 
     (d).
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, and biennially thereafter, the Office 
     shall submit to Congress and the Comptroller General a report 
     that--
       (1) describes the status of the implementation of programs 
     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 steps within the planning, budgeting, and 
     construction process of Federal facilities 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
       (B) an improved or higher rating standard as identified, 
     and reassessed biannually, by the Committee;
       (3) identifies inconsistency of Federal agencies with 
     Federal law in product acquisition guidelines and high-
     performance product guidelines;
       (4) recommends language for uniform standards for use by 
     Federal agencies in environmentally responsible acquisition; 
     and
       (5) includes, for the 2-year period covered by the report, 
     recommendations to address each of the matters, and a plan 
     and deadline for implementation of each of the 
     recommendations, described in paragraphs (1) through (4).
       (d) Implementation Plan.--The Office, in consultation with 
     the Comptroller General, shall carry out each plan for 
     implementation of recommendations under subsection (c)(5).

     SEC. 103. INTERAGENCY STEERING COMMITTEE.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Office shall establish within 
     the Office a steering committee.
       (b) Membership.--The Committee shall be composed of 
     representatives of, at a minimum--
       (1) each agency referred to in section 102(a);
       (2) State and local governments;
       (3) nongovernmental organizations, including the United 
     State Green Building Council, the American Council for an 
     Energy-Efficient Economy, and the Rocky Mountain Institute;
       (4) building design, development, and finance sectors in 
     the private sector; and
       (5) building owners, developers, and equipment 
     manufacturers, including renewable, control, combined heat 
     and power, and other relevant technologies, as determined by 
     the Office.
       (c) Duties.--The Committee shall--
       (1) assess Federal activities and compliance with Federal 
     law applicable to high-performance green buildings;
       (2) make recommendations for expansion of existing efforts 
     and development of new efforts to support activities relating 
     to the life cycles of high-performance green buildings by the 
     Federal Government, including consideration of the benefits 
     to national security and implementation of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

[[Page S7832]]

       (3) evaluate current high-performance green building 
     standards and recommend improved, higher, or supplemental 
     rating standards, as necessary, that are consistent with the 
     responsibilities of the Federal Government under this Act and 
     other applicable law; and
       (4) provide to the individual appointed under section 
     101(a) 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.

     SEC. 104. PUBLIC OUTREACH.

       (a) Establishment.--The Office, in close coordination with 
     Federal agencies and departments that perform related 
     functions, shall carry out public outreach--
       (1) to inform individuals and entities in the public 
     sector, including the Federal Government, of the information 
     and services available through the Office; and
       (2) to determine how to most effectively deliver that 
     information to the individuals and entities.
       (b) Duties.--In carrying out this section, the Office, in 
     close cooperation with Federal agencies and departments that 
     perform related functions, shall--
       (1) establish and maintain a national high-performance 
     green building clearinghouse on the Internet that--
       (A) coordinates and enhances existing similar efforts; and
       (B) provides information relating to high-performance green 
     buildings, including--
       (i) information on, and hyperlinks to Internet sites that 
     describe, the activities of the Federal Government;
       (ii) hyperlinks to Internet sites relating to--

       (I) State and local governments;
       (II) the private sector; and
       (III) international activities; and

       (iii) information on the exposure of children to 
     environmental hazards in school facilities, as provided by 
     the Administrator of the Environmental Protection Agency;
       (2) develop clear guidance and educational materials for 
     use by Federal agencies in implementing high-performance 
     green building practices;
       (3) develop 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;
       (4) provide technical assistance on methods of using tools 
     and resources to make more cost-effective, health protective, 
     and environmentally beneficial decisions for constructing 
     high-performance green buildings;
       (5) assist all branches of government at the Federal, 
     State, and local levels, and any other interested entity, by 
     providing information on relevant application processes for 
     certifying a high-performance green building, including 
     certification and commissioning;
       (6) assist interested persons, communities, businesses, and 
     branches of government with technical information, technical 
     assistance, market research, or other forms of assistance, 
     information, or advice that would be useful in planning and 
     constructing high-performance green buildings, particularly 
     with respect to tools available to conduct life-cycle cost 
     assessment;
       (7) provide technical training and guidance on high-
     performance green buildings; and
       (8) obtain such information from other Federal offices, 
     agencies and departments as is necessary to carry out this 
     Act.

     SEC. 105. RESEARCH AND DEVELOPMENT.

       (a) Establishment.--The Office shall carry out research and 
     development--
       (1) to survey and coordinate existing research and studies;
       (2) to recommend new areas for research; and
       (3) to promote the development and dissemination of high 
     performance green building tools.
       (b) Duties.--In carrying out this section, the Office 
     shall--
       (1) ensure interagency coordination of relevant research;
       (2) develop and direct a Federal high-performance green 
     building research plan that identifies information needs and 
     research that should be addressed and provides measurement 
     tools--
       (A) to quantify the relationships between human health and 
     occupant productivity and each of--
       (i) pollutant emissions from materials and products in the 
     building;
       (ii) natural day lighting;
       (iii) ventilation choices and technologies;
       (iv) heating and cooling 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;
       (B) to monitor and assess the life-cycle performance of 
     public facilities (including demonstration projects) built as 
     high-performance green buildings, including through 
     consideration of the report required under section 
     401(b)(1)(D); and
       (C) to quantify, review, and standardize techniques for use 
     in performing life cycle assessments;
       (3) assist the budget and life-cycle costing functions of 
     the Office under section 106 in the development and 
     implementation of performance-based standards and life-cycle 
     cost measures, including the development of performance 
     measure tools and software for use by Federal agencies and 
     other interested entities; and
       (4) support other research initiatives determined by the 
     Office to contribute to mainstreaming of high-performance 
     planning, design, construction, and operation and management 
     of buildings.

     SEC. 106. BUDGET AND LIFE-CYCLE COSTING.

       (a) Establishment.--The Office, in coordination with the 
     Office of Management and Budget and relevant agencies, shall 
     carry out budget and life-cycle costing for green buildings.
       (b) Duties.--In carrying out this section, the Office 
     shall--
       (1) consult, as necessary, the report of the Office of the 
     Federal Environmental Executive entitled ``The Federal 
     Commitment to Buildings: Experiences and Expectations'' and 
     dated September 2003;
       (2) be responsible for--
       (A) examining policy of the Office of Management and Budget 
     relating to life-cycle costing for Federal capital 
     investments;
       (B) assisting in the development of clear guidance and 
     implementation of life-cycle cost policy with budget offices 
     of other Federal agencies by establishing a consistent 
     standard of life-cycle cost practices for Federal agencies;
       (C) identifying tools that could support the use of life-
     cycle costing to assist sound Federal budget decisionmaking; 
     and
       (D) examining--
       (i) the practicability of linking high performance green 
     building life cycle stages with Federal budgets;
       (ii) the effect that such a link would have in reducing 
     barriers to the construction of high-performance green 
     buildings and renovation of existing buildings; and
       (iii) means by which to incorporate the short-term and 
     long-term cost savings that accrue from high-performance 
     green buildings.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $2,000,000 for each of fiscal years 2005 through 2010.

               TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

     SEC. 201. GRANTS FOR SCHOOLS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency may provide grants to State educational 
     agencies and local educational agencies for use in--
       (1) providing intensive technical assistance for and 
     assisting the implementation of the Tools for Schools Program 
     of the Environmental Protection Agency; and
       (2) development of State-level school environmental quality 
     plans, in partnership with the Environmental Protection 
     Agency, that may include--
       (A) standards for school building design, construction, and 
     renovation;
       (B) identification of ongoing school building environmental 
     problems in the State;
       (C) proposals for the systematic improvement (including 
     benchmarks and timelines) of environmental conditions in 
     schools throughout the State, including with respect to--
       (i) school building siting, construction, and maintenance;
       (ii) indoor air quality;
       (iii) pest control;
       (iv) radon contamination;
       (v) lead contamination;
       (vi) environmentally preferable purchasing of products for 
     instruction and maintenance;
       (vii) hazard identification and remediation; and
       (viii) maximization of transportation choices for students, 
     staff, and other members of the community; and
       (D) recommendations for improvements in the capacity of the 
     State to track child and adult health complaints relating to 
     schools.
       (b) Cost Sharing.--
       (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.
       (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, including goods and services used 
     to create prototypical designs.
       (c) Grant Priority.--
       (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 shall give priority to school districts that have a 
     demonstrated need for environmental improvement.
       (2) Responsibility of school districts and state 
     educational agencies.--
       (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--
       (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
       (ii) an evaluation of the impact of the funds, including--

       (I) general data regarding measures of student health and 
     attendance rates before and after the intervention; and

[[Page S7833]]

       (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

       (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.
       (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.

     SEC. 202. FEDERAL GUIDELINES FOR SITING OF SCHOOL FACILITIES.

       (a) In General.--Using as a model guidelines such as those 
     of the ``Child Proofing Our Communities'' School Siting 
     Committee of the State of California, the Administrator of 
     the Environmental Protection Agency shall develop school site 
     acquisition guidelines.
       (b) Vulnerability.--The guidelines should contain an 
     analysis of means by which to account for the special 
     vulnerability of children to chemical exposures in any case 
     in which the potential for contamination at a potential 
     school site is assessed.
       (c) Accessibility.--The guidelines shall include an 
     analysis of means by which to maximize transportation choices 
     for students, staff, and other members of the community.

     SEC. 203. EDUCATION RESEARCH PROGRAM.

       The Administrator of the Environmental Protection Agency, 
     in partnership with the Secretary of Education, shall carry 
     out an education research program that--
       (1) describes the status and findings of Federal research 
     initiatives established under this Act and other Federal law 
     with respect to education, including relevant updates on 
     trends in the field, such as the impact of school facility 
     environments on--
       (A) student and staff health, safety, and productivity;
       (B) students with disabilities or special needs; and
       (C) student learning capacity;
       (2) provides technical assistance on siting, design, 
     management, and operation of school facilities, including 
     facilities used by students with disabilities or special 
     needs;
       (3) once the relevant metrics have been identified or 
     developed in accordance with section 105, quantifies the 
     relationships between--
       (A) human health, occupant productivity, and student 
     performance; and
       (B) with respect to school facilities, each of--
       (i) pollutant emissions from materials and products;
       (ii) natural day lighting;
       (iii) ventilation choices and technologies;
       (iv) heating and cooling 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 school 
     facilities;
       (4) cooperates with federally funded pediatric 
     environmental health research centers to assist in on-site 
     school environmental investigations;
       (5) assists States and State entities in better 
     understanding and improving the environmental health of 
     children; and
       (6) provides to the Office a biennial report of all 
     activities carried out under this section.

     SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $10,000,000 for the period of fiscal years 2005 through 
     2010.

              TITLE III--STRENGTHENING FEDERAL LEADERSHIP

     SEC. 301. GENERAL ACCOUNTING OFFICE.

       (a) Restructuring of Capital Budgets.--Not later than 180 
     days after the date of submission of the report under 102(c), 
     the Comptroller General shall--
       (1) review the current budget process; and
       (2) develop and submit to Congress an implementation plan 
     for life-cycle costing that--
       (A) identifies and incorporates the short-term and long-
     term cost savings that accrue from high-performance green 
     buildings; and
       (B) includes recommendations for--
       (i) restructuring of budgets to require the use of complete 
     energy- and environmental-cost accounting;
       (ii) the use of 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); and
       (iii) means by which Federal agencies may be permitted to 
     retain and reuse all identified savings accrued as a result 
     of the use of high-performance life cycle costing for future 
     high-performance green building initiatives.
       (b) Audits.--The Comptroller General may conduct periodic 
     audits of a Federal project over the life of the project to 
     inspect whether--
       (1) the design stage of high performance green building 
     measures were achieved; and
       (2) the high performance building data were collected and 
     reported to the Office.

                    TITLE IV--DEMONSTRATION PROJECT

     SEC. 401. COORDINATION OF GOALS.

       (a) In General.--The Office shall establish guidelines for 
     a demonstration project conducted as a public-private 
     partnership to contribute to the research goals of the 
     Office.
       (b) Projects.--In accordance with guidelines established by 
     the Office under subsection (a) and the duties of the Office 
     described in section 101(b), the individual appointed under 
     section 101(a) shall carry out--
       (1) for each of fiscal years 2005 through 2008, a 
     demonstration project, in a Federal building selected by the 
     Office in accordance with the criteria described in 
     subsection (c)(1), that--
       (A) provides for the evaluation and, as practicable, use of 
     the information obtained through the conduct of projects and 
     activities under this Act;
       (B) requires at least 1 project or activity referred to in 
     subparagraph (A) to achieve 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), for each fiscal 
     year; and
       (C) requires the submission to the Office of an annual 
     report describing recommendations for the use of information 
     gathered as a result of programs carried out under this Act; 
     and
       (2) a demonstration project involving at least 4 
     universities, that, as determined by the Office in accordance 
     with subsection (c)(2), have appropriate research capability 
     and relevant projects to meet the goals of the demonstration 
     project established by the Office.
       (c) Criteria.--
       (1) Federal buildings.--With respect to the Federal 
     building at which a demonstration project under this section 
     is conducted, the Federal building shall--
       (A) be an appropriate model for a project involving--
       (i) location and design that promote access to the Federal 
     building through walking, biking, and mass transit;
       (ii) construction or renovation to meet high indoor 
     environmental criteria;
       (iii) deployment, and assessment of effectiveness, of high 
     performance technologies;
       (iv) analysis of life cycles of all materials, components, 
     and systems in the building; and
       (v) assessment of beneficial impacts on public health and 
     the health of individuals that enter or work in the building; 
     and
       (B) possess sufficient technological and organizational 
     adaptability.
       (2) Universities.--With respect to the 4 universities at 
     which a demonstration project under this section is 
     conducted--
       (A) the universities should be selected based on--
       (i) successful and established public-private research and 
     development partnerships;
       (ii) demonstrated capabilities to construct or renovate 
     buildings that meet high indoor environmental qualities;
       (iii) organizational flexibility;
       (iv) technological adaptability;
       (v) energy and environmental effectiveness throughout the 
     life cycles of all materials, components, and systems 
     deployed within the building; and
       (vi) 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;
       (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--
       (i) a hot, dry climate;
       (ii) a hot, humid climate;
       (iii) a cold climate; or
       (iv) a mild climate;
       (C) each university shall agree that the focuses of the 
     project shall be--
       (i) the effectiveness of various high performance 
     technologies in each of the 4 climatic regions of the United 
     States described in subparagraph (B);
       (ii) the identification of the most effective ways to use 
     high performance building and landscape technologies to 
     engage and educate undergraduate and graduate students; and
       (iii) quantifiable and nonquantifiable beneficial impacts 
     on public health and worker and student performance.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       (a) Federal Demonstration Project.--There is authorized to 
     be appropriated to carry out the Federal demonstration 
     project described in section 401(b)(1) $5,000,000 for the 
     period of fiscal years 2005 through 2010.
       (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 2005 through 2010.

  Mr. LAUTENBERG. Mr. President, I am pleased to join Senator Jeffords 
today in introducing the High-Performance Green Buildings Act. This 
legislation will reenergize the Federal Government's commitment to 
building design and construction into the 21st Century.
  Buildings have an enormous impact on environmental quality, on energy

[[Page S7834]]

use, and on natural resource consumption. The statistics are 
staggering. Buildings devour 37 percent of the energy used in this 
country, including 68 percent of electricity. They are responsible for 
35 percent of carbon dioxide emissions, the primary greenhouse gas 
associated with climate change. And they account for 49 percent of 
sulfur dioxide and 25 percent of nitrogen oxide emissions and generate 
40 percent of the Nation's non-industrial waste stream. Moreover, 
building construction and demolition produce 136 million tons of waste 
in this country, and use 12 percent of potable water in the U.S. Mr. 
President, for too long these prodigious effects have gone 
unrecognized.
  The impacts are even more far reaching than that. Since Americans 
spend an average of 90 percent of their time indoors, buildings have a 
considerable influence on public health. According to the Environmental 
Protection Agency, EPA, indoor air pollution concentrations may be two 
to five times, and in some cases 100 times, higher than in outdoor air. 
EPA scientists estimates that about 20,000 deaths occur related to 
indoor levels of radon, and that 3000 lung cancer deaths occur among 
nonsmoking adults due to second-hand smoke each year.
  Experts at the Centers for Disease Control and Prevention, CDC, 
estimate that an additional 35,000 coronary disease deaths occur each 
year in this country among nonsmoking adults due to second-hand smoke. 
These losses do not include exposure to toxic pollutants emitted from 
building materials, such as adhesives, paints, carpets, and pressed-
wood products, which many researchers believe to be significant. We 
must confront these environmental and public health challenges and to 
do so we need a vision for the future. Our legislation offers that 
vision.
  High-performance green buildings are designed and constructed in ways 
that significantly reduce or eliminate negative effects on the 
environment, on energy use, and on resource consumption. They are also 
designed to reduce or eliminate harmful pressures on the health and 
productivity of building occupants. According to the U.S. Green 
Building Council, a national nonprofit organization, green design and 
construction practices are directed at five broad areas: 1. Sustainable 
site planning; 2. Safeguarding water and water efficiency; 3. Energy 
efficiency and renewable energy; 4. Conservation of materials and 
resources; and 5. Indoor environmental quality.
  Green buildings have many benefits, and while the initial investment 
may be higher (although not necessarily) than for a traditional 
buildings, they significantly lower long-term costs for things such as 
heating and cooling. Since new government buildings are intended to be 
used for a long period of time--at least 50 years--it is easier to 
justify any initial higher investment costs. By improving working 
conditions and increasing daylighting, case studies have shown that 
green buildings improve occupant productivity and reduce employee 
absenteeism. This legislation would provide for research to capture and 
measure those impacts and incorporate the lessons learned into future 
construction.
  The High-Performance Green Building Act focuses Federal Government 
efforts to promote the environmental, energy, health, and economic 
benefits that can be realized from green buildings. This legislation 
incorporates the findings of two reports that make recommendations for 
improving the Federal Government's role in relation to high-performance 
green buildings. The first report, ``Building Momentum: National Trends 
and Prospects for High-Performance Green Buildings,'' was prepared by 
the U.S. Green Building Council and the second report, ``The Federal 
Commitment to Green Building: Experiences and Expectations,'' was 
released by the President's Office of the Federal Environmental 
Executive.
  Our legislation changes the way the Federal Government manages its 
thousands of buildings. The bill establishes an Office of High-
Performance Green Buildings within the General Services Administration, 
GSA, which is the logical place for this office since this agency is 
the Federal Government's primary landlord. GSA manages over 8,700 
buildings owned or leased by the United States. The new office will 
promote public outreach, coordinate and focus research and development, 
and improve life-cycle analysis and budgeting for building 
construction. This title also creates an Interagency Steering Committee 
to improve coordination across Federal agencies, and with state and 
local governments.
  This bill would expand the role of EPA in supporting healthier 
buildings at the nation's schools. Schools can serve as the vanguard 
for the effort to protect our children's health and the environment, so 
this title authorizes the Agency to administer grants to state and 
local education agencies to support implementation of EPA's effective 
Tools for Schools Program. It also authorizes the Agency to develop 
Federal guidelines for school location siting that take into account 
the special vulnerabilities of children to the contamination of land 
and water.
  This legislation would incorporate building life-cycle costing as a 
tool to achieve more efficient and economical long-term investments in 
government buildings, by requiring the Comptroller General to review 
the annual Federal budget process and submit a plan to reach these 
goals to Congress.
  In closing, investing in green buildings is good public policy for a 
variety of reasons. Our bill will allow the Federal Government to take 
a leadership role in promoting green buildings. We have a commitment to 
our children and grandchildren to protect and conserve the planet's 
resources and to safeguard public health. I urge my colleagues to 
support this important bill.
                                 ______