[Congressional Record (Bound Edition), Volume 156 (2010), Part 5]
[Senate]
[Pages 6171-6176]
[From the U.S. Government Publishing Office, www.gpo.gov]




             STATEMENTS ON INTRODUCED AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself and Mr. Thune):
  S. 3246. A bill to exclude from consideration as income under the 
Native American Housing Assistance and Self-Determination Act of 1996 
amounts received by a family from the Department of Veterans Affairs 
for service-related disabilities of a member of the family; to the 
Committee on Indian Affairs.
  Mr. WYDEN. Mr. President, today, my colleague Senator Thune and I are 
introducing a piece of legislation that will correct a flaw in the 
Native American Housing and Self-Determination Act of 1996, NAHASDA, 
that could leave some disabled Native American Veterans having to 
choose between living with their families or having enough money to 
survive without them. No veteran should ever be faced with having to 
make that painful choice. Their service to our nation demands that they 
be treated with the greatest care, and this bill would help ensure 
that.
  Native Americans serve in the U.S. military at a higher rate, per 
capita, than any other group. However, if a Native American veteran 
returns home with injuries suffered in battle, they face additional 
challenges because of the rules covering tribal lands.
  Currently, NAHASDA counts veterans disability payments and survivor 
benefits as income when determining both eligibility for housing 
assistance and rental payments. Since virtually the only criteria for 
receiving public housing assistance on tribal lands is income--and the 
income levels on tribal lands are historically low--it does not take a 
large veterans disability payment to make them cross the threshold of 
being ``too wealthy'' to qualify for tribal housing. And in Indian 
Country, alternatives to tribal housing are few and far between.
  In addition, because disability payments are based on the level of 
disability, the larger the sacrifice a soldier has made, the less 
likely he or she will be able to return to tribal housing. This also 
means that a soldier who has been disabled could not move in with his 
family if they receive housing assistance without putting the entire 
family at risk of losing their housing if the payments would put them 
above 80 percent of area median income. No family should have to choose 
between a roof over their head and caring for a wounded son or 
daughter, father or mother. Nor should they have to choose between 
living on their native homelands or being forced to move off the 
reservation to care for this wounded veteran. Yet, this is the Catch-22 
that wounded Native American veterans currently face, and it must be 
fixed.
  Our bill would do that, in a very simple way. It would exempt 
veterans' disability and survivor benefits from counting as ``income'' 
for tribal housing programs. This does not affect the amount of money 
Congress appropriates for tribally designated housing entities. It 
would just allow those programs to serve Native American veterans who 
have been injured in combat, or the families of those killed on the 
battlefield. Our bill is a simple, budget-neutral way to fix a law 
written with the best of intentions. I urge the speedy passage of this 
bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3246

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Veterans Housing 
     Opportunity Act of 2010''.

     SEC. 2. EXCLUSION FROM INCOME.

       Paragraph (9) of section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103(9)) is amended by adding at the end the following new 
     subparagraph:
       ``(C) Any amounts received by any member of the family as 
     disability compensation under chapter 11 of title 38, United 
     States Code, or dependency and indemnity compensation under 
     chapter 13 of such title.''.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself, Mr. Lugar, Mr. Brown of 
        Massachusetts, Mrs. Hagan, Mr. Levin, Mr. Lieberman, Mr. 
        Menendez, Ms. Klobuchar, Mrs. Shaheen, and Mr. Udall of New 
        Mexico):
  S. 3247. A bill to amend the Fair Credit Reporting Act with respect 
to fair and reasonable fees for credit scores; to the Committee on 
Banking, Housing, and Urban Affairs.
  Mr. UDALL of Colorado. Mr. President, earlier, I listened to the 
colloquy between the two members of the Banking Committee as they 
outlined the importance of true Wall Street accountability and the Wall 
Street reforms we will consider in the future.
  I rise to speak about a particular opportunity we have as we consider 
this important and far-reaching reform legislation, and that is to 
discuss a piece of legislation I have introduced today called the Fair 
Access to Credit Scores Act of 2010.
  Senator Lugar and I joined along with eight other colleagues, to 
introduce this bill that would put consumers back in control of their 
finances. This bill takes a commonsense yet significant step in that 
direction by offering Americans annual access to their credit score 
when they access their annual free credit report.
  Making the distinction between your score and your report, a report 
tells consumers what outstanding credit accounts they have open, such 
as student loans or credit cards, maybe a car or home loan. 
Unfortunately, it tells Americans little else. Often, they already 
know--they hopefully should know that information in their credit 
report. In contrast, your credit score, which our legislation would 
make available, is what banks and lenders and increasingly even 
employers have access to. It is critical information that each one of 
us needs to know.
  Today, you and I would have to jump through hoop after hoop and 
ultimately have to pay to have access to our credit score, while banks 
and lenders can get this information more easily. Mr. President, I know 
you have been a strong advocate for fairness in America, and that is 
simply not fair.
  In 2003, Congress enacted legislation that required the three major 
consumer credit reporting agencies to provide a free annual report to 
each one of us on a yearly basis. This was known as the FACT Act. It 
was an important step in ensuring that financial records of American 
consumers are accurate. You could cross-check, as a consumer, what was 
in your report.
  Many of my constituents in Colorado have seen frequent television 
commercials and Internet advertisements, and they are led to believe 
that the annual credit report under law includes this credit score I am 
discussing. Unfortunately, we were all disappointed--I have been 
personally--to find out that you only have access to your credit 
report, not the critical information that helps you judge your 
creditworthiness. You actually have to purchase your score or subscribe 
to a credit-monitoring service that costs you up to $200 a year to 
receive it. There are some troubling cases that even go further, where 
consumers believe they are signing up for a free credit score, only to 
find out later that they have actually signed up for a costly monthly 
monitoring service instead. This is simply

[[Page 6172]]

not fair. It is why the Consumer Federation of America and the 
Consumers Union support this legislation.
  Your credit score is a critical piece of information that impacts 
your interest rates, your monthly payments on home loans, and it could 
be the difference between whether a child is able to afford college or 
not. As I alluded to earlier, this information is increasingly being 
used to decide whether you will be offered a job. When you apply for a 
job, your potential employer has access to that information, and you 
don't even know what it is. This is personal information, and the 
consumers themselves seem to be the only people who don't have easy 
access to it.
  We are talking about empowering American consumers when we pass--and 
I know we will--Wall Street accountability legislation. We want to 
empower consumers to be able to shape their own financial futures and 
thereby the country's financial future. To do that, we have to have 
transparency.
  When you have free access to your credit score, although that is a 
small part of the larger reforms we need, it addresses one of the 
fundamental inequities that pervade our current financial system. Put 
simply, the one-sided marketplace today is rigged to benefit large 
financial institutions at the expense of hard-working Americans who are 
struggling to support their families and save for retirement. Consumers 
continually find themselves on the losing end of this bargain.
  With so much at stake, this legislation we filed today is a small 
step to help restore balance and put Americans back in charge of their 
financial health. My hope is that, as this Chamber considers the Wall 
Street accountability bill, we will consider adding this legislation as 
an amendment and restore a greater dose of fairness to consumers in 
Colorado, to the Presiding Officer's constituents, and to all the rest 
of our Nation.
  Let me close by thanking a group of Senators who have joined me: 
Senators Lugar, Scott Brown, Hagan, Levin, Lieberman, Klobuchar, 
Menendez, Shaheen, and Tom Udall. They have all joined me in putting 
consumers first by cosponsoring this commonsense, proconsumer 
legislation.
  I ask each one of my colleagues as well to join me in supporting its 
passage.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Udall of Colorado, Mr. McCain, 
        and Mr. Reid):
  S. 3248. A bill to designate the Department of the Interior Building 
in Washington, District of Columbia, as the ``Stewart Lee Udall 
Department of the Interior Building''; to the Committee on Environment 
and Public Works.
  Mr. BINGAMAN. Mr. President, last month our country lost a great 
American with the passing of Stewart Udall, who, among his many 
achievements, is probably best remembered for his accomplishments as 
Secretary of the Interior during the Presidencies of President Kennedy 
and President Johnson. His lifetime of work to protect our public lands 
and his efforts to improve the quality of our environment are 
unequaled. Stewart Udall was instrumental in the passage of virtually 
all of our Nation's landmark environmental laws, including the Clean 
Air Act of 1963, the Wilderness Act of 1964, the Federal Water 
Pollution Control Act of 1965, the Endangered Species Act of 1966, the 
National Historic Preservation Act of 1966, the National Trails System 
Act of 1968, and the Wild and Scenic Rivers Act of 1968. Nearly half a 
century later, these laws remain the key protections for our Nation's 
land, air, and water. In addition, he oversaw significant additions to 
the National Park System and the National Wildlife Refuge System. Many 
years after he left office, he was a driving force behind the enactment 
of the Radiation Exposure Compensation Act of 1990.
  In the 161-year history of the Department of the Interior, there have 
been many exceptional individuals who have served as Secretary of the 
Interior, and Stewart Udall certainly ranks among the best of those. In 
recognition of his lifetime of work pursuing the common good and 
protecting our Nation's public lands and waters and in particular his 
achievements as the Secretary of the Interior, today I am introducing 
legislation to designate the Department of the Interior Building in 
Washington, DC, as the ``Stewart Lee Udall Department of the Interior 
Building.'' I am pleased to have Senator Mark Udall, Senator John 
McCain, and Senator Harry Reid, our majority leader, as cosponsors of 
this bill. Dedication of the Department of the Interior's headquarters 
here in Washington will be a small but fitting tribute to Stewart 
Udall's legendary accomplishments, many of which took place in that 
very building.
  I know my colleague, Senator Mark Udall, is here to also speak in 
support of this legislation. Let me defer to him, and then I will ask 
recognition again on a somewhat separate matter.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. UDALL of Colorado. Mr. President, I thank the Senator from New 
Mexico for his courtesy.
  I rise in support of this legislation. I intend at some later date to 
spend additional time on the floor talking about my Uncle Stewart, who 
was a wonderful man, an uncle to me, but more than that, he was a 
mentor, he was a leader. In the last 12 years of his life after my 
father died, he really served as a second father to me; therefore, I 
feel as though I lost a second father recently.
  I thank the Senator on behalf of at least my side of the family. I 
know my cousin Tom will, at the right time and in the right way, 
express his thanks as well.
  My uncle was many things, but he was at his heart a student of the 
West. He was a son of the West. He always looked for the lessons that 
the landscapes and the people of the West could provide all of us.
  I know the Senator from New Mexico knows of the many books he wrote. 
He wrote over half a dozen books. One of the books I took the most 
insight from was a book called ``The Founding Fathers and Mothers of 
the West.'' He pointed out in that book that people came to the West--
the Presiding Officer will be interested in this--to find a new life. 
He continued in that vein by talking about the great western director 
of western movies, John Ford. He once asked John Ford if his movies 
portrayed the West as it was. Ford's answer was: No; they portrayed the 
West as it should have been, doggone it. My uncle's point was that the 
West was not settled by the gunfighters and those who had gotten into 
conflicts. The West was settled by those who came looking to create 
communities and to work together. It was the people standing on the 
wooden sidewalks watching the gunfights who in the end settled the 
West, established the West as we know the West today.
  My uncle in particular had great affection and respect for the Native 
populations in the West. That led him to have great passion and even 
outrage about the way Native Americans had been treated. In his later 
years, as the Presiding Officer knows, he went to battle in the courts 
through his words in every form possible advocating justice and fair 
treatment for our Native American brothers and sisters. In our family, 
we characterized him as being outraged without being outrageous.
  We are going to, obviously, miss him. I am going to miss his wise 
counsel. I will do everything I can to live by the credo he carried 
forward, I say to Senator Bingaman, which he believed deeply: We didn't 
inherit the Earth from our parents; we are borrowing it from our 
children. I think that is the fundamental lesson our uncle left with 
us. The inspiring step of the Senator from New Mexico to name the 
Interior Building after my uncle will help us keep that firmly in our 
view and keep committed to that purpose for our time on this Earth.
  I thank the Senator from New Mexico for his graciousness. I look 
forward to this bill becoming the law of the land.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I thank my colleague, Senator Udall, for 
his very eloquent statement. Obviously, the Udall family has a great 
deal

[[Page 6173]]

of which to be proud: his father's great public service, his uncle's 
great public service, and, of course, he is carrying on with that 
tradition, as is Tom Udall, my colleague from New Mexico. We are very 
fortunate in this country to have the Udall family working hard to make 
this a better place.
  I hope this legislation I have introduced today can become law soon. 
We will have that additional recognition for Stewart Udall and his 
contribution to the country.
                                 ______
                                 
      By Mr. CARPER (for himself and Ms. Collins):
  S. 3250. A bill to provide for the training of Federal building 
personnel, and for other purposes; to the Committee on Environment and 
Public Works.
  Mr. CARPER. Mr. President, I rise today to introduce two pieces of 
legislation that I believe will help the Federal Government cut its 
energy bill, save taxpayers' money and benefit the environment. Today 
is Earth Day, when people are thinking about how they can take better 
care of our planet. Federal agencies need to do the same.
  Also important, the last few years have underscored the need for our 
Nation to rethink its energy use. Constantly shifting energy costs and 
our Nation's severe economic problems have resulted in families, 
homeowners, and businesses all taking a hard look at how much they are 
spending, including for energy needs. Governments should be no 
different, and they are no different.
  Over the past few months, my Subcommittee on Federal Financial 
Management, Government Information, Federal Services, and International 
Security held hearings to examine how the Federal Government can lead 
by example in being more energy efficient. We learned, among other 
things, that the Federal Government is the single largest energy user 
in the Nation.
  In fiscal year 2008, the total energy consumption of Federal 
Government buildings and operations was roughly 1.5 percent of all 
energy consumption in the United States. The energy bill for the 
Federal Government that year was $24.5 billion. Of that $24.5 billion, 
over $7 billion was spent on energy to operate Federal buildings alone.
  With a price tag that large, there are significant opportunities for 
savings. Today, I offer a series of proposals that I believe will allow 
the Federal Government to take better advantage of these opportunities.
  The Government Accountability Office has noted that Federal agencies 
face a number of challenges in meeting their energy management goals. 
One of those is rapidly building and retrofitting our buildings with 
advanced technologies, without regard for the skills necessary to 
operate and maintain these facilities to their optimum efficiency.
  The Federal Government has spent billions of dollars on technology 
and hardware to improve the energy efficiency of its buildings. 
However, if this significant investment is not safeguarded by well-
trained individuals, we will never be able to achieve the biggest bang 
for our buck. New technology demands new skills. My legislation would 
better ensure that the individuals who manage our Federal facilities 
possess the knowledge they need to meet these demands.
  The Federal Buildings Personnel Training Act of 2010, which I am 
introducing today along with Senator Collins, and Representatives 
Carnahan and Biggert in the House, will ensure that the General 
Services Administration has all of the tools necessary to not only 
upgrade our infrastructure, but also guarantee that these buildings are 
properly maintained and operated at their highest performance levels. 
You wouldn't give a race car to an inexperienced driver and expect them 
to win the Indy 500. In the same way, we can't expect our Federal 
buildings to run at peak efficiency if we don't make sure our personnel 
have adequate training.
  I am also introducing a second bill, the Improving Energy Efficiency 
and Renewable Energy Use By Federal Agencies Act of 2010.
  Federal agencies are pursuing many ideas and technologies to reduce 
the amount of energy they consume, and adopt renewable energy such as 
solar panels on top of Federal buildings. These proven technologies 
have resulted in financial savings that have more than paid for the 
initial financial investment. This is in addition to the environmental 
and energy security benefits of reduced energy use.
  In fact, earlier this year the Administration announced plans for 
Federal agencies to reduce its greenhouse gas pollution by 28 percent 
by 2020, representing between $8 billion and $11 billion in cost 
savings. These goals are part of a very useful and effective executive 
order signed last year directing agencies to not only devote more 
attention to energy reduction, but share their best ideas.
  While the Administration's Executive Order, Federal Leadership in 
Environmental, Energy and Economic Performance, represents an important 
step forward, there is more we can do.
  Federal agencies can make use of some creative financial tools where 
government partners with the private sector. For example, with Power 
Purchasing Agreements a Federal agency allows a company to use 
government land, for example an unused portion of military base, to 
build solar, wind or other renewable power production with private 
sector funding, and in exchange gives the Federal facility cheaper 
electricity. This means that governments can reduce the cost of its 
energy use and help clean up the environment by promoting renewable 
energy--all without having to spend a single taxpayer dollar. Not a bad 
way to do business.
  Currently, DOD is more successful with Power Purchasing Agreements 
because their facilities are allowed to enter into longer term 
agreements, as compared to civilian agencies which are restricted to 
only 10 years. My bill will allow longer-term agreements for all 
agencies.
  It is important to remember, the cleanest, most efficient--and 
cheapest--energy, is the energy we don't use. That is why I would like 
Federal agencies to quicken the pace of its efforts to implement energy 
efficiency measures. To help accomplish this, my bill establishes a 
$500 million revolving fund to provide financial support for Federal 
agency energy efficiency and renewable projects. This fund would 
increase the number of agency energy efficiency projects, such as new 
heating and cooling systems, which save on operations costs. Savings 
from the projects would be paid back into the fund over time, and 
eventually fund additional projects.
  Other provisions of my bill adopt some good, common-sense ideas. For 
example, President Obama's fiscal year 2011 budget proposal outlined 
how the Department of Veterans Affairs is saving money by operating 
their computers more efficiently. Using new computers that use less 
energy, and software that automates when a computer is turned on and 
off, the agency plans to save around $32 million over the next 5 years. 
My bill would require other Federal agencies to consider and adopt 
steps similar to that of the Department of Veteran Affairs' successful 
example.
  I am also interested in expanding cutting edge advanced metering 
technology throughout government. There's an old saying that goes, 
``You can't manage, what you can't measure.'' It can easily be applied 
to energy use. At my recent hearings I learned that, with new digital 
technology, we can save energy and money by connecting facilities 
across an organization and monitoring buildings--and even parts of 
buildings and individual pieces of machinery--on their energy use in 
real-time. Wal-Mart uses this technology because they understand the 
financial savings it brings. From their headquarters in Bentonville, 
AR, they will know if a freezer door has been left open for too long at 
their store in Middletown, Delaware. The Federal Government should do 
the same so that building managers can make more effective decisions. 
The best part about deploying advanced metering is the fact that the 
investment pays for itself in less than a year.
  As America's largest consumer of energy, Federal agencies can and 
should be good stewards of precious taxpayer

[[Page 6174]]

dollars by using energy as efficiently as possible. The proposals 
contained in my two pieces of legislation will help the Federal 
Government lead by example, and demonstrate to the American people that 
energy efficiency efforts can pay real dividends in saving both money 
and the environment. I look forward to working with my colleagues and 
the Administration to get these two bills signed into law, and 
implement these important ideas.
  Mr. President, I ask unanimous consent that the text of these two 
bills be printed in the Record.
  There being no objection, the text of the bills were ordered to be 
printed in the Record, as follows:

                                S. 3250

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Buildings Personnel 
     Training Act of 2010''.

     SEC. 2. TRAINING OF FEDERAL BUILDING PERSONNEL.

       (a) Identification of Core Competencies.--Not later than 18 
     months after the date of enactment of this Act, and annually 
     thereafter, the Administrator of General Services, in 
     consultation with representatives of relevant professional 
     societies, industry associations, and apprenticeship training 
     providers, and after providing notice and an opportunity for 
     comment, shall identify the core competencies necessary for 
     Federal personnel performing building operations and 
     maintenance, energy management, safety, and design functions 
     to comply with requirements under Federal law. The core 
     competencies identified shall include competencies relating 
     to building operations and maintenance, energy management, 
     sustainability, water efficiency, safety (including 
     electrical safety), and building performance measures.
       (b) Designation of Relevant Courses, Certifications, 
     Degrees, Licenses, and Registrations.--The Administrator, in 
     consultation with representatives of relevant professional 
     societies, industry associations, and apprenticeship training 
     providers, shall identify a course, certification, degree, 
     license, or registration to demonstrate each core competency, 
     and for ongoing training with respect to each core 
     competency, identified for a category of personnel specified 
     in subsection (a).
       (c) Identified Competencies.--An individual shall 
     demonstrate each core competency identified by the 
     Administrator under subsection (a) for the category of 
     personnel that includes such individual. An individual shall 
     demonstrate each core competency through the means identified 
     under subsection (b) not later than one year after the date 
     on which such core competency is identified under subsection 
     (a) or, if the date of hire of such individual occurs after 
     the date of such identification, not later than one year 
     after such date of hire. In the case of an individual hired 
     for an employment period not to exceed one year, such 
     individual shall demonstrate each core competency at the 
     start of the employment period.
       (d) Continuing Education.--The Administrator, in 
     consultation with representatives of relevant professional 
     societies, industry associations, and apprenticeship training 
     providers, shall develop or identify comprehensive continuing 
     education courses to ensure the operation of Federal 
     buildings in accordance with industry best practices and 
     standards.
       (e) Curriculum With Respect to Facility Management and 
     Operation of High-Performance Buildings.--Not later than 18 
     months after the date of enactment of this Act, and annually 
     thereafter, the Administrator, acting through the head of the 
     Office of Federal High-Performance Green Buildings, and the 
     Secretary of Energy, acting through the head of the Office of 
     Commercial High-Performance Green Buildings, in consultation 
     with the heads of other appropriate Federal departments and 
     agencies and representatives of relevant professional 
     societies, industry associations, and apprenticeship training 
     providers, shall develop a recommended curriculum relating to 
     facility management and the operation of high-performance 
     buildings.
       (f) Applicability of This Section to Functions Performed 
     Under Contract.--Training requirements under this section 
     shall apply to non-Federal personnel performing building 
     operations and maintenance, energy management, safety, and 
     design functions under a contract with a Federal department 
     or agency. A contractor shall provide training to, and 
     certify the demonstration of core competencies for, non-
     Federal personnel in a manner that is approved by the 
     Administrator.
                                  ____


                                S. 3251

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving Energy Efficiency 
     and Renewable Energy Use By Federal Agencies Act of 2010''.

     SEC. 2. POWER PURCHASE AGREEMENT PROGRAM.

       (a) Definitions.--In this section:
       (1) Cost-effective.--The term ``cost-effective'' means, 
     with respect to a power purchase agreement entered into by 
     the head of an executive agency for a Federal facility that 
     is owned or controlled by the executive agency, that the 30-
     year average cost for the purchase of electricity under the 
     power purchase agreement from 1 or more renewable energy 
     generating systems is not greater than an amount equal to 110 
     percent of the cost of an equal quantity of electricity from 
     the current electricity supplier of the Federal facility, 
     taking into consideration each--
       (A) applicable cost, including any cost resulting from--
       (i) a demand charge;
       (ii) an applicable rider;
       (iii) a fuel adjustment charge; or
       (iv) any other surcharge; and
       (B) reasonably anticipated increase in the cost of the 
     electricity resulting from--
       (i) inflation;
       (ii) increased regulatory requirements;
       (iii) decreased availability of fossil fuels; and
       (iv) any other factor that may increase the cost of 
     electricity.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 4 of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403).
       (3) Federal facility.--The term ``Federal facility'' has 
     the meaning given the term in section 543(f)(C) of the 
     National Energy Conservation Policy Act (42 U.S.C. 
     8253(f)(C)).
       (4) Government corporation.--The term ``Government 
     corporation'' has the meaning given the term in section 103 
     of title 5, United States Code.
       (5) Renewable energy source.--The term ``renewable energy 
     source'' has the meaning given the term in section 551 of the 
     National Energy Conservation Policy Act (42 U.S.C. 8259).
       (b) Power Purchase Agreement Projects.--
       (1) Authorization of heads of executive agencies.--In 
     accordance with paragraphs (2) and (3), the head of each 
     executive agency or a designee may establish 1 or more 
     projects under which the head of the executive agency may 
     offer to enter into power purchase agreements during the 10-
     year period beginning on the date of enactment of this Act 
     for the purchase of electricity from 1 or more Federal 
     facilities that are owned or controlled by the executive 
     agency from renewable energy sources located at the Federal 
     facility.
       (2) Cost-effective requirement.--A head of an executive 
     agency described in paragraph (1) may offer to enter into a 
     power purchase agreement described in that paragraph only if 
     the power purchase agreement is cost-effective.
       (3) Term of power purchase agreement.--Notwithstanding any 
     other provision of law (including regulations), the term of a 
     power purchase agreement described in paragraph (1) may not 
     be longer than a period of 30 years.
       (4) Allocation of incremental costs.--Each head of an 
     executive agency (including the Administrator of General 
     Services) who enters into a power purchase agreement under 
     paragraph (1) for the purchase of electricity at a Federal 
     facility that is owned or controlled by the executive agency 
     for distribution to 1 or more other executive agencies shall 
     allocate, on an annual basis for the period covered by the 
     power purchase agreement, the incremental cost or incremental 
     savings of the power purchase agreement for the purchase of 
     electricity at a Federal facility from renewable energy 
     sources (as compared to the cost of electricity from the 
     electricity supplier of the Federal facility) among each user 
     of the Federal facility based on the proportion that--
       (A) the electricity usage of the user of the Federal 
     facility; bears to
       (B) the aggregate electricity usage of all users of the 
     Federal facility.
       (c) Power Purchase Agreements With Multiple Federal 
     Facilities.--An executive agency may enter into an 
     interagency agreement as part of a power purchase agreement 
     that involves more than 1 Federal facility.
       (d) Negotiated Rate as Basis for Determining Cost 
     Effectiveness of Future Energy Efficiency or Renewable Energy 
     Projects.--An executive agency that enters into a power 
     purchase agreement may not use the negotiated rate as a basis 
     for determining the business case or economic feasibility of 
     future energy efficiency or renewable energy projects.
       (e) Regulations.--The Secretary of Energy shall promulgate 
     such regulations as are necessary to carry out this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for each of fiscal years 2010 through 2019, to 
     remain available until expended.

     SEC. 3. FEDERAL FACILITY ENERGY EFFICIENCY AND RENEWABLE 
                   ENERGY PROJECTS FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the 
     ``Federal

[[Page 6175]]

     Facility Energy Efficiency and Renewable Energy Projects 
     Fund'' (referred to in this section as the ``Fund''), 
     consisting of such amounts as are appropriated to the Fund 
     under subsection (b).
       (b) Transfers to Fund.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated to the Fund $500,000,000, to remain 
     available until expended.
       (2) Loan repayments.--There are appropriated to the Fund, 
     out of funds of the Treasury not otherwise appropriated, 
     amounts equivalent to loan amounts repaid and received in the 
     Treasury under subsection (e).
       (c) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Secretary of Energy (referred to in this section as the 
     ``Secretary''), the Secretary of the Treasury shall transfer 
     from the Fund to the Secretary such amounts as the Secretary 
     determines are necessary to provide assistance for energy 
     efficiency and renewable energy projects carried out at 
     Federal facilities in accordance with subsection (e).
       (2) Administrative expenses.--An amount not exceeding 10 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this section.
       (d) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (e) Federal Facility Energy Efficiency and Renewable Energy 
     Projects Fund Program.--
       (1) In general.--The Secretary of Energy shall establish a 
     Federal facility energy efficiency and renewable energy 
     projects fund program under which the Secretary shall make 
     loans to Federal agencies to assist the agencies in reducing 
     energy use and related purposes, as determined by the 
     Secretary.
       (2) Guidelines for applications.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary shall 
     issue guidelines for Federal agencies to submit applications 
     for loans under this subsection.
       (3) Eligibility.--Each Federal agency shall be eligible to 
     submit an application for a loan under this subsection.
       (4) Loan awards.--
       (A) In general.--The Secretary shall award loans under this 
     subsection on a competitive basis.
       (B) Allocation.--The Secretary shall convene a committee of 
     Federal agencies to determine allocation from the Fund to 
     carry out this subsection after a competitive assessment of 
     the technical and economic effectiveness of each application 
     for a loan under this subsection.
       (C) Selection.--In determining whether to provide a loan to 
     a Federal agency for a project under this subsection, the 
     Secretary shall consider--
       (i) the cost-effectiveness of the project;
       (ii) the amount of energy and cost savings anticipated to 
     the Federal Government;
       (iii) the amount of funding committed to the project by the 
     agency;
       (iv) the extent that a project will leverage financing from 
     other non-Federal sources; and
       (v) any other factor that the Secretary determines will 
     result in the greatest amount of energy and cost savings to 
     the Federal Government.

     SEC. 4. INCENTIVES FOR FEDERAL AGENCIES FOR UTILITY ENERGY 
                   SAVINGS CONTRACTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Energy, in consultation with the 
     Secretary of Defense and the Administrator of General 
     Services, shall promulgate regulations that enable Federal 
     agencies to retain the financial savings that result from 
     entering into utility energy savings contracts.

     SEC. 5. RENEWABLE ENERGY FACILITIES SURVEYS BY FEDERAL 
                   AGENCIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Secretary of Defense and the 
     Administrator of General Services, shall promulgate 
     regulations that establish appropriate methods and procedures 
     for use by Federal agencies to implement, unless inconsistent 
     with the mission of the Federal agencies or impracticable due 
     to environmental constraints, the identification of all 
     potential locations at Federal facilities of the agencies for 
     renewable energy projects (including available land, building 
     roofs, and parking structures).
       (b) Identification of Potential Locations.--Not later than 
     1 year after the date of the promulgation of regulations 
     under subsection (a), each Federal agency shall complete the 
     report of the agency that identifies potential locations 
     described in subsection (a).

     SEC. 6. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS 
                   TECHNIQUES BY FEDERAL AGENCIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Secretary of Defense, the Secretary of 
     Veterans Affairs, and the Administrator of General Services, 
     shall issue guidance for Federal agencies to employ advanced 
     tools allowing energy savings through the use of computer 
     hardware, energy efficiency software, and power management 
     tools.
       (b) Reports on Plans and Savings.--Not later than 90 days 
     after the date of the issuance of the guidance under 
     subsection (a), each Federal agency shall submit to the 
     Secretary of Energy a report that describes--
       (1) the plan of the agency for implementing the guidance 
     within the agency; and
       (2) estimated energy and financial savings from employing 
     the tools described in subsection (a).

     SEC. 7. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION 
                   STANDARD.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Secretary of Defense, the Administrator 
     of General Services, and relevant industry and nonprofit 
     groups, shall develop and issue guidance on a Federal energy 
     management and data collection standard.
       (b) Requirements.--Guidance described in subsection (a) 
     shall include, at a minimum, a plan for the General Services 
     Administration to publish energy consumption data for 
     individual Federal facilities on a single, searchable 
     website, accessible by the public at no cost to access.

     SEC. 8. ADVANCED METERING BEST PRACTICES FOR ADVANCED 
                   METERING.

       Section 543(e) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8253(e) is amended by striking paragraph (3) 
     and inserting the following:
       ``(3) Plan.--
       ``(A) In general.--Not later than 180 days after the date 
     on which guidelines are established under paragraph (2), in a 
     report submitted by the agency under section 548(a), each 
     agency shall submit to the Secretary a plan describing the 
     manner in which the agency will implement the requirements of 
     paragraph (1), including--
       ``(i) how the agency will designate personnel primarily 
     responsible for achieving the requirements; and
       ``(ii) a demonstration by the agency, complete with 
     documentation, of any finding that advanced meters or 
     advanced metering devices (as those terms are used in 
     paragraph (1)), are not practicable.
       ``(B) Updates.--Reports submitted under subparagraph (A) 
     shall be updated annually.
       ``(4) Best practices report.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Improving Energy Efficiency and Renewable 
     Energy Use By Federal Agencies Act of 2010, the Secretary of 
     Energy, in consultation with the Secretary of Defense and the 
     Administrator of General Services, shall develop, and issue a 
     report on, best practices for the use of advanced metering of 
     energy use in Federal facilities, buildings, and equipment by 
     Federal agencies.
       ``(B) Updating.--The report described under subparagraph 
     (A) shall be updated annually.
       ``(C) Components.--The report shall include, at a minimum--
       ``(i) summaries and analysis of the reports by agencies 
     under paragraph (3) ;
       ``(ii) recommendations on standard requirements or 
     guidelines for automated energy management systems, 
     including--

       ``(I) potential common communications standards to allow 
     data sharing and reporting;
       ``(II) means of facilitating continuous commissioning of 
     buildings and evidence-based maintenance of buildings and 
     building systems; and
       ``(III) standards for sufficient levels of security and 
     protection against cyber threats to ensure systems cannot be 
     controlled by unauthorized persons; and

       ``(iii) an analysis of--

       ``(I) the types of advanced metering and monitoring systems 
     being piloted, tested, or installed in Federal buildings; and
       ``(II) existing techniques used within the private sector 
     or other non-Federal government buildings.''.

     SEC. 9. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

       Section 3307, of title 40, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as 
     subsections (e) through (i). respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Availability of Funds for Design Updates.--
       ``(1) In general.--Subject to paragraph (2), for any 
     project for which congressional approval is received under 
     subsection (a) and for which the design has been 
     substantially completed but construction has not begun, the 
     Administrator of General Services may use appropriated funds 
     to update the project design to meet applicable Federal 
     building energy efficiency standards established under 
     section 305 of the Energy Conservation and Production Act (42 
     U.S.C. 6834) and other requirements established under section 
     3312.
       ``(2) Limitation.--The use of funds under paragraph (1) 
     shall not exceed 125 percent of

[[Page 6176]]

     the estimated energy or other cost savings associated with 
     the updates as determined by a life-cycle cost analysis under 
     section 544 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8254).''.

     SEC. 10. CONTINUOUS COMMISSIONING WITHIN THE FEDERAL BUILDING 
                   STOCK.

       (a) In General.--Section 3312 of title 40, United States 
     Code, is amended--
       (1) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Continuous Commissioning Within the Federal Building 
     Stock.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Improving Energy Efficiency and Renewable 
     Energy Use By Federal Agencies Act of 2010, the Administrator 
     and the Secretary of Energy shall incorporate commissioning 
     and recommissioning standards (as those terms are defined in 
     section 543(f) of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253(f))), for all real property that--
       ``(A) is more than $10,000,000 in value;
       ``(B) has more than 50,000 square feet; or
       ``(C) has energy intensity of more than $2 per square foot.
       ``(2) Regulations.--Not later than 180 days after the date 
     of enactment of the Improving Energy Efficiency and Renewable 
     Energy Use By Federal Agencies Act of 2010, the Administrator 
     and the Secretary of Energy shall promulgate such regulations 
     as are necessary to carry out this subsection.''.
       (b) Conforming Amendments.--Section 3312 of title 40, 
     United States Code, is amended--
       (1) in subsection (e)(1) (as redesignated by subsection 
     (a)(1)), by striking ``and (c)'' and inserting ``and (d)'';
       (2) in the first sentence of subsection (f) (as so 
     redesignated), by striking ``and (c)'' and inserting ``and 
     (d)''; and
       (3) in subsection (g) (as so redesignated), by striking 
     ``subsection (b), (c), or (d) or for failure to carry out any 
     recommendation under subsection (e)'' and inserting 
     ``subsection (b), (d), or (e) or for failure to carry out any 
     recommendation under subsection (f)''.

     SEC. 11. ELIMINATION OF STATE MATCHING REQUIREMENT FOR ENERGY 
                   EFFICIENCY UPGRADES AT GUARD AND RESERVE 
                   ARMORIES AND READINESS CENTERS.

       Section 18236 of title 10, United States Code, is amended--
       (1) in subsection (b), by striking ``A contribution'' and 
     inserting ``Except as provided under subsection (e), a 
     contribution''; and
       (2) by adding at the end the following new subsection:
       ``(e) A contribution made at an armory or readiness center 
     under paragraph (4) or (5) of section 18233(a) of this title 
     for an energy efficiency upgrade shall cover--
       ``(1) 100 percent of the cost of architectural, engineering 
     and design services related to the upgrade (including advance 
     architectural, engineering and design services under section 
     18233(e) of this title); and
       ``(2) 100 percent of the cost of construction related to 
     the upgrade (exclusive of the cost of architectural, 
     engineering and design services).''.

     SEC. 12. AUDIT; REPORT.

       (a) Audit.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall carry out an audit to determine--
       (1) the cost-effectiveness of energy savings performance 
     contracts; and
       (2) the ability of Federal agencies to manage effectively 
     energy savings performance contracts.
       (b) Report.--Not later than 90 days after the date 
     described in subsection (a), the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report that contains a description of the results 
     of the audit carried out under subsection (a).

                          ____________________