[Congressional Record Volume 152, Number 86 (Wednesday, June 28, 2006)]
[Senate]
[Pages S6637-S6643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Ms. Snowe, Mr. Lautenberg, Mr. 
        Chafee, Mrs. Boxer, Mrs. Feinstein, Mrs. Clinton, Mr. 
        Lieberman, and Mr. Obama):
  S. 3591. A bill to improve efficiency in the Federal Government 
through the use of high-performance green buildings, and for other 
purposes; to the Committee on Environment and Public Works,
  Mr. JEFFORDS. Mr. President, it is with great pleasure that I rise 
today to introduce the High-Performance Green Buildings Act of 2006. 
This bipartisan bill will go far to further expand Federal green 
building initiatives and ensure our Federal buildings and schools are 
safe, efficient and good for the environment.
  I would like to thank all of the bill's cosponsors for working with 
me in a bipartisan manner to introduce this important legislation and 
implore my colleagues to join us in moving this legislation forward. 
Not only will this bill improve Federal building efficiency and 
employee health and productivity, it also demonstrates the leadership 
of the Federal Government on high-performance green buildings. This 
bill seeks to codify existing green building initiatives outlined in 
memorandums of understanding or executive orders, and further enhances 
ongoing green building programs all across the Federal Government, 
including the White House. I commend the past and current leadership of 
the White House Office of the Federal Environmental Executive for all 
they have done within the administration.
  Preliminary studies are showing that high-performance green buildings 
generate huge savings in utility 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. This in turn increases 
worker productivity and ensures fewer health related costs. All of 
these savings are generated, while sustaining very little impact on 
surrounding environments.
  According to the Department of Energy, throughout the United States 
buildings account for 39 percent of total energy use, 70 percent of 
electricity consumption, 38.1 percent of greenhouse gas emissions, and 
30 percent of raw materials use. The Environmental Protection Agency 
reports that building related construction and demolition debris 
account for nearly 37 percent of the total nonindustrial waste, 
generating 136 million tons of waste in a single year. Building 
occupants also consume 12 percent of potable water consumption. Why not 
build buildings that strive to conserve our precious resources, reduce 
the harmful pollutants that are damaging to the environment and utilize 
recycled building materials?
  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 U.S. 
Green Building Council, there are 500 certified green buildings across 
the United States with 3,000 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 
workplace for its employees.
  In my home State of Vermont, environmental quality and economic 
opportunity are inextricably linked and green buildings are a visible 
representation of this connection. The design, construction, and 
functioning of green buildings will not only enhance environmental 
quality, worker productivity, and student learning, but will also 
contribute to the enhancement of a new economy. Environmental 
technologies and applications represent a new value added area of 
economic growth that is both efficient and effective.
  The Federal Government can learn from progressive policies being 
implemented in the private sector, State government and our Nation's 
universities. For example, the University of Vermont, understanding the 
positive environmental, economic, and human resources benefits, 
recently adopted a green building policy for its campus that would 
ensure that all new construction and major renovations be at the 
certified level of the U.S. Green Building Council's, USGBC, Leadership 
in Energy and Environmental Design, LEED, green building rating system. 
This policy is both responsible and affordable.
  In the 108th Congress, I introduced S. 2620, the High-Performance 
Green Buildings Act of 2004. This new bill updates that earlier version 
and includes a few new provisions. This legislation will coordinate the 
efforts within the

[[Page S6638]]

Federal Government to promote high-performance green buildings, provide 
public outreach, and expand existing research.
  The General Services Administration, GSA, is the largest civilian 
landlord in the United States, with over 8,900 buildings in their 
current inventory. This legislation creates an office within GSA to 
oversee the green building efforts of agencies within the government. 
The GSA is a natural leader to focus on our Federal buildings and 
ensure that they are safe, healthy, and efficient. The GSA is working 
to provide quality work environments for Federal workers through green 
initiatives and is currently conducting research on how best to 
increase workplace effectiveness and occupant comfort. This bill will 
strengthen what they have already started.
  The bill creates a green building advisory committee to advise the 
office within GSA. The committee will be comprised of key 
representatives from each relevant agency, State, and local 
governments, green building associations, experts within the building 
community, and environmental health experts for both adults and 
children. This committee will enable the Federal Government to stay up 
to date with technology and the latest advancements to ensure that 
high-performance green buildings operate with the maximum efficiency 
and provide a healthier environment for their occupants.
  In addition, research efforts will be expanded to focus on buildings 
and the impact their systems have on human health and worker 
productivity. We just don't know enough about the impact of the built 
environment on its occupants. Take natural daylight for instance. 
Studies are showing that a simple thing like exposure to daylight 
actually makes employees more productive and reduces absences due to 
illness. I would like to pursue this further, as well as an indoor air 
quality program for all Federal facilities. We need to not only ensure 
the safety of working employees for existing buildings, but also during 
construction and renovation of facilities.
  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 full advantage of life-cycle costing. This means that 
we allow our financial experts to factor in savings that green 
buildings generate over time, and not 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 over 50 years. In the times of soaring 
budget deficits, it is imperative 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 
focuses on providing healthier, more efficient school facilities for 
our children. The Government Accountability Office reported years ago 
that over 14 million children have their health affected by poor 
conditions in schools. The Healthy Schools Network is now reporting 32 
million children are at high risk of getting sick from their school 
facility. It is unacceptable to stand by and let the Nation's children 
become ill from preventable causes. This bill takes a modest step 
forward and provides $10 million in grants to state and local education 
agencies for technical assistance and the implementation of 
Environmental Protection Agency's, EPA, programs to address 
environmental conditions of our schools like the Tools for Schools 
Program and the Healthy Schools Environmental Assessment Tool, Healthy 
SEAT. 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 these systems are having on student 
health and productivity. Our children deserve to learn in an 
environment that is safe and conducive to learning.
  This bill will also promote leadership within the Federal Government 
by requiring all new construction and acquisition be green, that leases 
for Federal employees be energy efficient facilities and include green 
design features, and that guidelines be issued on how to best 
renegotiate existing leases to adopt these principles. Leadership is 
also promoted through Federal incentives for government agencies to 
build high-performance green buildings, as well as expanding the 
monitoring of each Federal agency's performance in meeting green 
building requirements and initiatives. It also creates a clearinghouse 
to keep individuals and entities, including the Federal Government, 
informed on the information and services that the office would provide.
  Finally, by supporting this legislation, we will advance our 
understanding of green building technologies and implications and 
simultaneously advance our society. We have the capacity. This 
legislation provides the Federal leadership to convert our academic 
buildings to integral components of the curriculum rather than to just 
facilities that house programs. As learning centers and demonstration 
facilities, these green buildings will be an example to all of us to be 
environmentally responsible citizens.
  I strongly encourage your support of the High-Performance Green 
Buildings Act of 2006 and ask unanimous consent that the text of the 
High-Performance Green Buildings Act of 2006 be printed in the Record, 
as well as the attached letters of support for the bill.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3591

       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 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. Definitions.
Sec. 202. Grants for healthy school environments.
Sec. 203. Federal guidelines for siting of school facilities.
Sec. 204. Environmental health program.
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 that, during 
     its life-cycle--
       (A) reduces energy, water, and material resource use;
       (B) improves indoor environmental quality including, 
     reducing indoor pollution, improving thermal comfort, and 
     improving lighting and acoustic environments that affect 
     occupant health and productivity;
       (C) reduces negative impacts on the environment throughout 
     the life-cycle of the building, including air and water 
     pollution and waste generation;

[[Page S6639]]

       (D) increases the use of environmentally preferable 
     products, including biobased, recycled content, and nontoxic 
     products with lower life-cycle impacts;
       (E) increases reuse and recycling opportunities;
       (F) integrates systems in the building;
       (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
       (H) considers indoor and outdoor effects 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.
       (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 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 Federal 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); 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 require 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 
     for future high-performance green building initiatives; 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 a 
     committee to be known as the ``Green Building Advisory 
     Committee''.
       (b) Membership.--The Committee shall be composed of 
     representatives of, at a minimum--
       (1) each agency referred to in section 102(b)(1); and
       (2) other relevant entities, as determined by the Director, 
     including at least 1 representative of each of the following:
       (A) State and local governmental green building programs.
       (B) Independent green building associations or councils.
       (C) Building experts, including architects, material 
     suppliers, and construction contractors.
       (D) Security advisors focusing on national security needs, 
     natural disasters, and other dire emergency situations.
       (E) Children and adult environmental health experts.
       (c) Meetings.--The Director shall establish a regular 
     schedule of meetings for the Committee, which shall convene a 
     minimum of 6 times each year.
       (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 
     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

[[Page S6640]]

     hyperlinks to Internet sites that describe the 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) international organizations;
       (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, 
     particularly 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; and
       (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.

       (a) Establishment.--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 health, 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, 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.
       (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--
       (1) during new construction and renovation of facilities; 
     and
       (2) in existing facilities.

     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 $4,000,000 for each of fiscal years 2007 through 2012, 
     to remain available until expended.

               TITLE II--HEALTHY HIGH-PERFORMANCE SCHOOLS

     SEC. 201. DEFINITIONS.

       In this title:
       (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).
       (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).
       (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).

     SEC. 202. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.

       (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--
       (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, in partnership with the Environmental Protection 
     Agency, that include--
       (A) standards for healthy high-performance school building 
     design, construction, and renovation;
       (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;
       (C) proposals for the systematic improvement (including 
     benchmarks and timelines) of environmental conditions in 
     schools throughout the State, including--
       (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 
     classroom instruction and for maintenance;
       (vii) hazard identification and remediation; and
       (viii) modes of transportation available to students and 
     staff;
       (D) recommendations for improvements in the capacity of the 
     State to track child and adult health complaints relating to 
     schools; and
       (E) plans for operation as an emergency, self-sustaining 
     evacuation center.
       (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.
       (c) 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.
       (d) 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, 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.
       (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 overview of the impact of the funds, including--

       (I) general data regarding measures of student health and 
     attendance rates before and after grant intervention; and
       (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. 203. FEDERAL 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, as determined by the Administrator of the 
     Environmental Protection Agency, in consultation with the 
     Secretary of Education;

[[Page S6641]]

       (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. ENVIRONMENTAL HEALTH PROGRAM.

       (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--
       (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--
       (A) health, safety, and productivity; and
       (B) disabilities or special needs;
       (2) provides research using relevant tools identified or 
     developed in accordance with section 105 to quantify 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;
       (3) provides technical assistance on siting, design, 
     management, and operation of school facilities, including 
     facilities used by students with disabilities or special 
     needs;
       (4) collaborates with federally funded pediatric 
     environmental health centers to assist in on-site school 
     environmental investigations;
       (5) assists States and the public 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 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--
       (1) information from the Administrator of the Environmental 
     Protection Agency that is contained in the report described 
     in subsection (a)(6); and
       (2) 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 $10,000,000 for the period of fiscal years 2007 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 for use in reinvesting 
     in future green building initiatives.

     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--
       (A) to employ integrated design principles;
       (B) to improve site selection for environmental and 
     community benefits;
       (C) to optimize building and systems energy performance;
       (D) to protect and conserve water;
       (E) to enhance indoor environmental quality; and
       (F) 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--
       (A) are energy-efficient; and
       (B) to the maximum extent practicable, 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 instructions 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) 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.

                    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--
       (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--
       (A) provides for the evaluation of the information obtained 
     through the conduct of projects and activities under this 
     Act; and
       (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
       (2) no fewer than 4 demonstration projects at 4 
     universities, that, as competitively selected by the Director 
     in accordance with subsection (c)(2), have--
       (A) appropriate research resources and relevant projects to 
     meet the goals of the demonstration project established by 
     the Office; and
       (B) the ability--
       (i) to serve as a model for high-performance green building 
     initiatives, including research and education;
       (ii) to identify the most effective ways to use high-
     performance green building and landscape technologies to 
     engage and educate undergraduate and graduate students;
       (iii) to effectively implement a high-performance green 
     building education program for students and occupants;
       (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
       (v) to explore quantifiable and nonquantifiable beneficial 
     impacts on public health and employee and student 
     performance.
       (c) Criteria.--
       (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--
       (A) be an appropriate model for a project relating to--
       (i) the effectiveness of high-performance technologies;
       (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;
       (iii) life-cycle costing and life-cycle assessment of 
     building materials and systems; and
       (iv) location and design that promote access to the Federal 
     facility through walking, biking, and mass transit; 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, after careful 
     review of all applications received containing the required 
     information, as determined by the Director, based on--
       (i) successful and established public-private research and 
     development partnerships;

[[Page S6642]]

       (ii) demonstrated capabilities to construct or renovate 
     buildings that meet high indoor environmental quality 
     standards;
       (iii) organizational flexibility;
       (iv) technological adaptability;
       (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;
       (vi) the demonstrated capacity of at least 1 university to 
     have officially-adopted, institution-wide ``green building'' 
     guidelines for all campus building projects; and
       (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
       (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 temperate climate (including a climate with cold 
     winters and humid summers).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter through 
     September 30, 2013--
       (1) the Director shall submit to the Administrator a report 
     that describes the status of the demonstration projects; and
       (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.

     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) $10,000,000 for the 
     period of fiscal years 2008 through 2013, to remain available 
     until expended.
       (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.

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                            The American Institute


                                                of Architects,

                                    Washington, DC, June 15, 2006.
     Hon. James M. Jeffords,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Jeffords: The American Institute of Architects 
     has identified ``sustainability'' as the number one issue 
     among our 75,000 members nationwide. We are concerned about 
     the effects that America's pattern of energy use is having on 
     the world's climate. And we are particularly concerned about 
     the adverse effects that thoughtlessly designed buildings can 
     have on the natural environment.
       We believe that it is currently possible to design and 
     operate buildings of all types in ways that conserve 
     resources and drastically reduce their environmental impact. 
     For that reason, we strongly support incentives to create 
     more sustainable architecture.
       The High Performance Green Buildings Act of 2006, which you 
     are sponsoring, is an excellent start toward moving the 
     federal government in the direction of sustainable 
     architecture. The bill will create a specific Office of High 
     Performance Green Buildings within the General Services 
     Administration as well as an Advisory Committee of green 
     building experts to assist that office in advancing the cause 
     of sustainability within the federal government.
       The bill will also mandate the consideration of life-cycle 
     costing in the design and procurement of federal buildings; a 
     concept long supported by the AIA. The bill will create a 
     grants program for high performance and healthy schools, as 
     well as health-based guidelines for school construction. It 
     is a matter of great concern to the AIA that our Nation's 
     school facilities are in a degraded condition and that 
     significant improvement in student health and productivity 
     could be achieved through upgrading the structures that now 
     house our next generations.
       The AIA is particularly supportive of the provisions of the 
     bill that call for revisions to the Federal Acquisition 
     Regulations to incorporate green design criteria into Federal 
     contracting for construction or renovation of Federal 
     buildings.
       The AIA commends you for your leadership in taking on these 
     complex issues that are closely intertwined with the Nation's 
     environmental, energy and educational future. The AIA 
     supports your efforts, supports your bill and would like to 
     work with you to get it passed into law.
           Sincerely,
                                             Christine W. McEntee,
     Executive Vice President/CEO.
                                  ____



                                Healthy Schools Network, Inc.,

                                                    June 23, 2006.
     Support for High-Performance Green Buildings Act of 2006.

     Hon. James Jeffords,
     U.S. Senate, Dirksen Senate Office Building, Washington, DC.
       Dear Senator Jeffords: Children do better with a little 
     fresh air and sunshine, indoors and out. The call for 
     healthier schools is a ``back to basics'' drive, recalling 
     neighborhood schools with high ceilings and tall windows that 
     captured natural light and ventilation and with durable 
     floors and walls that were easy to maintain.
       Healthy Schools Network, Inc. is a national environmental 
     health not for profit representing parent, environment, 
     health, and education groups and individuals who are 
     dedicated to ensuring that every child and school employee 
     has an environmentally healthy school. Our reports, 
     informational services, and advocacy have shaped new 
     policies, laws, regulations, and funds for school facilities 
     in New York and Federally, and fostered local and state 
     coalitions Nationwide. We were honored to receive a US EPA 
     Children's Health Protection Award in 2005 for our Healthy 
     Schools/Healthy Kids Clearinghouse that has helped parents, 
     schools, and nonprofits in every state.
       We support the High-Performance Green Buildings Act of 2006 
     and the creation of an Office of High-Performance Green 
     Buildings. We strongly support the Act's Title II Healthy 
     High Performance Schools provisions to improve our nation's 
     school facilities and our children's health and learning.
       Title II authorizes U.S. EPA, advised by Education and 
     Health and Human Services, to make grants to the states to 
     develop school environmental quality plans, including state 
     standards for school design that incorporate energy 
     efficiency, indoor air quality, and low-emission interior 
     finishes and products, as well as resource conservation. This 
     one step alone will allow each state to adapt design 
     protocols for use by local schools, as well as to consider 
     how best to ``mix and match'' public and private resources 
     for implementation. In addition, the creation of systematic 
     state plans could identify ongoing school environmental 
     problems and propose locally appropriate and system-wide 
     improvements for siting, indoor air quality, lead 
     contamination and pest problems, ``green'' purchasing, and 
     outline plans for using schools as emergency centers.
       The Act also authorizes U.S. EPA to develop Federal 
     guidelines for the siting of schools, taking into account the 
     special vulnerability of children to hazardous substances, 
     modes of transportation, and the potential use of schools as 
     emergency shelters. U.S. EPA and the Agency for Toxic 
     Substances and Disease Registry have collected data on 
     schools sited near or adjacent to hazardous facilities.
       In addition, Title II authorizes US EPA, advised by 
     Education and Health and Human Services, to issue guidelines 
     for use by states in developing and implementing an 
     environmental health program for schools. This program would 
     provide research on children's health and school facilities 
     and provide technical assistance on siting, design, 
     management, and operation of schools; collaborate with the 
     Federally sponsored pediatric environmental health specialty 
     units to assist with any onsite environmental investigations; 
     and assist states and the public in understanding and 
     improving the environmental health of children.
       This Nation has a long way to go to ensure that our 
     children have healthy learning places. In 1996, the US GAO 
     estimated that the poor condition of schools daily eroded the 
     health of 14 million children. US EPA estimates that half of 
     the nation's 120,000 schools have compromised indoor 
     environmental quality. Indoor air pollution is a top-five 
     human health hazard; asthma is the leading cause of 
     absenteeism and the leading occupational disease among 
     teachers. In 2004, the US Department of Education Office of 
     the Under Secretary published its Congressionally mandated 
     National Priority Study A Summary of Scientific Findings on 
     Adverse Effects of Indoor Environments on Students' Health, 
     Academic Peiformance and Attendance (http://www.iehinc.com/
PDF/effects%20on%20students.pdf), finding that the evidence 
     suggested that poor environments adversely influences student 
     health, performance, and attendance. In the national report 
     Lessons Learned (2006), which presents state by state data 
     analyses and stories of sick or injured children, our office 
     and our two dozen organizational collaborators estimated the 
     number of children at high risk at 32 million of the 54 
     million enrolled. (See http://www.healthyschools.org/guides 
     materials.html)
       The need for healthier schools is now. At a time when our 
     nation is demanding a better performance from every child and 
     from every school, we need to ensure that every child has an 
     environmentally healthy school. Healthier school facilities, 
     designed, built, and cleaned and maintained as healthy high 
     performance facilities--often at no additional local cost--
     are known to positively affect children's performance and 
     attendance and teacher productivity. They are also associated 
     with lower suspension rates. Designing more energy efficient 
     facilities or replacing old heating and ventilating systems 
     with up to date efficient systems or systems using renewable 
     energy resources could save schools and their taxpayers 
     billions of dollars annually.
       We commend you for your leadership on these important 
     issues and look forward to working with you and the sponsors 
     towards the timely enactment and funding for this important 
     legislation.
           Sincerely,
                                                Claire L. Barnett,
                                               Executive Director.

[[Page S6643]]

     
                                  ____
                                          Environmental and Energy


                                              Study Institute,

                                    Washington, DC, June 27, 2006.
     Hon. James M. Jeffords,
     U.S. Senate,
     Washington, DC.
       Dear Senator Jeffords: The Environmental and Energy Study 
     Institute (EESI) strongly supports the High-Performance Green 
     Buildings Act of 2006 you are introducing to advance the 
     development of green building facilities for both federal 
     agencies and schools. This legislation will:
       --increase U.S. competitiveness in the increasingly global 
     green building market
       --accelerate expansion of the green building market within 
     the United States through widespread Federal procurement, 
     expanded research, and establishment of a green building 
     information clearinghouse
       --improve student and worker health and productivity 
     through better indoor air quality
       --increase U.S. energy savings
       --support the growth of domestic recycled and biobased 
     product markets that can help reduce the country's reliance 
     on imported oil and
       --reduce the environmental impacts of the country's built 
     environment.
       The General Services Administration (GSA) owns and operates 
     more than 500,000 buildings with over 3 billion square feet, 
     making it the largest landlord in the United States. With 
     this amount of owned space, the GSA has the influence to 
     ensure that Federal buildings across the country are shining 
     examples of smart building design. Through incentives laid 
     out in this legislation, the Federal Government can lead the 
     country by example in incorporating green building designs 
     that save buildings money in operational costs. That is good 
     government!
       Furthermore, green buildings have improved indoor air 
     quality; this too saves the Federal Government money due to 
     reduced sickness and absenteeism among its workforce. The 
     American Lung Association estimates that indoor air pollution 
     costs businesses more than $100 billion a year due to death, 
     sick days, direct medical costs, loss of productivity, and 
     damage to materials and equipment. The Environmental 
     Protection Agency projects that 3,500 to 6,500 premature 
     deaths per year are the result of the effects of indoor air 
     pollutants.
       Due to the heightened susceptibility of children to 
     airborne pollutants because of their less developed immune 
     systems, EESI applauds your bill's provisions to provide 
     schools grant assistance as well as technical assistance in 
     developing green building design. In fact, 20 percent of the 
     U.S. population, nearly 55 million people, are in U.S. 
     elementary and secondary schools, 110,000 of which were 
     reported to have unsatisfactory indoor air quality in the 
     1990s. Without grants like those outlined in your bill, most 
     school districts would not be able to fund green building 
     projects. EESI's previous work on this topic has found that 
     schools need Federal studies. They need a clearinghouse to 
     provide information, and they need grants to implement these 
     projects and realize their far-reaching benefits.
       EESI strongly supports the use of recycled and biobased 
     products as components of the bill's green building design. 
     Fabricated from renewable domestic crops, biobased products 
     do not ``offgas'' or emit airborne toxins like their 
     petroleum-based counterparts which can aggravate respiratory 
     systems and negatively affect health. Biobased products, 
     along with improvements in ventilation, enhance indoor air 
     quality and improve occupant health. They are also 
     biodegradable and therefore not harmful to the environment. 
     Furthermore, biobased products can be produced domestically; 
     providing evermore economic opportunities to every state's 
     agricultural sector.
       Even as U.S. Federal agencies and schools face tightening 
     budgets, many green building measures can be incorporated 
     with minimal up-front costs while yielding enormous savings 
     during a building's lifetime. Your bill's provision to 
     establish an Office of High Performance Green Buildings would 
     elevate attention to this issue and would play an essential 
     role as provider/distributor of solid information so that 
     agencies can pursue ``greening'' of buildings more easily, 
     efficiently and economically.
       Demonstration projects can engage undergraduate and 
     graduate students--the leaders of tomorrow--who will learn 
     first-hand about these innovations and take the experience 
     with them in their careers. These projects also will 
     incorporate smart siting and planning so that commuters can 
     access them through many modes of transportation including 
     mass transit, biking and walking. By incorporating these 
     concerns, these projects not only address the energy consumed 
     by the buildings themselves but the energy consumed in our 
     transportation sector.
       U.S. buildings consume about 40 percent of the country's 
     annual primary energy use. Because the Federal Government is 
     the country's largest energy consumer, your bill truly helps 
     the Federal Government lead by example.
           Sincerely,
                                                     Carol Werner,
     Executive Director, Environmental and Energy Study Institute.
                                 ______