[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1072 Introduced in Senate (IS)]
1st Session
S. 1072
To require Federal agencies to conduct their environmental,
transportation, and energy-related activities in support of their
respective missions in an environmentally, economically, and fiscally
sound manner, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2007
Mr. Stevens introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
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A BILL
To require Federal agencies to conduct their environmental,
transportation, and energy-related activities in support of their
respective missions in an environmentally, economically, and fiscally
sound manner, and for other purposes.
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 ``Federal Agency
Environmental Responsibility Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. short title; table of contents.
TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY
Sec. 101. Declaration of policy.
Sec. 102. Agency goals.
Sec. 103. Duties of heads of agencies.
Sec. 104. Additional duties of the chairman of the Council on
Environmental Quality.
Sec. 105. Duties of the Director of the Office of Management and
Budget.
Sec. 106. Duties of the Federal Environmental Executive.
Sec. 107. Limitations.
Sec. 108. Exemption authority.
Sec. 109. General provisions.
Sec. 110. Energy efficient standby power devices.
Sec. 111. Public utility contracting authority.
Sec. 112. Project costs for energy innovations.
Sec. 113. Definitions.
TITLE II--ENERGY EFFICIENT LIGHTING
Sec. 201. Statement of purpose.
Sec. 202. Replacement of low energy efficient bulbs.
Sec. 203. Disposal plan.
Sec. 204. Progress report.
Sec. 205. Working with industry.
Sec. 206. Definitions.
TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY
SEC. 101. DECLARATION OF POLICY.
The Congress finds and declares that it is the policy of the United
States that Federal agencies conduct their environmental,
transportation, and energy-related activities under the law in support
of their respective missions in an environmentally, economically and
fiscally sound, integrated, continuously improving, efficient, and
sustainable manner.
SEC. 102. AGENCY GOALS.
The head of each agency shall--
(1) improve energy efficiency and reduce greenhouse gas
emissions of the agency, through reduction of energy intensity
by--
(A) 3 percent annually through the end of fiscal
year 2014; or
(B) 30 percent by the end of fiscal year 2014,
relative to the baseline of the agency's energy use in
fiscal year 2003;
(2) ensure that--
(A) at least half of the statutorily required
renewable energy consumed by the agency in a fiscal
year comes from new renewable sources; and
(B) to the extent feasible, the agency implements
renewable energy generation projects on agency property
for agency use;
(3) beginning in fiscal year 2008, reduce water consumption
intensity, relative to the baseline of the agency's water
consumption in fiscal year 2007 and including both indoor and
outdoor consumption, through life-cycle cost-effective measures
by 2 percent annually through the end of fiscal year 2014 or 16
percent by the end of fiscal year 2014;
(4) require in agency acquisitions of goods and services--
(A) the use of sustainable environmental practices,
including acquisition of biobased, environmentally
preferable, energy-efficient, water-efficient, and
recycled-content products; and
(B) the use of paper that has at least 30 percent
post-consumer fiber content;
(5) ensure that the agency--
(A) reduces the quantity of toxic and hazardous
chemicals and materials acquired, used, or disposed of
by the agency;
(B) increases diversion of solid waste as
appropriate; and
(C) maintains cost-effective waste prevention and
recycling programs in its facilities;
(6) ensure that if the agency operates a fleet of at least
20 motor vehicles, the agency, relative to agency baselines for
fiscal year 2005--
(A) reduces the fleet's total consumption of
petroleum products by 2 percent annually through the
end of fiscal year 2014;
(B) increases the total fuel consumption that is
non-petroleum-based by 10 percent annually; and
(C) uses plug-in hybrid vehicles when such vehicles
are commercially available at a cost reasonably
comparable, on the basis of life-cycle cost, to other
vehicles; and
(8) ensure that the agency--
(A) when acquiring an electronic product to meet
its requirements, meets at least 95 percent of those
requirements with an electronic product that is
registered for the Electronic Product Environmental
Assessment Tool, unless there is no Electronic Product
Environmental Assessment Tool standard for such
product;
(B) enables the Energy Star feature on agency
computers and monitors;
(C) establishes and implements policies to extend
the useful life of agency electronic equipment; and
(D) uses environmentally sound practices with
respect to disposition of agency electronic equipment
that has reached the end of its useful life.
SEC. 103. DUTIES OF HEADS OF AGENCIES.
The head of each agency shall--
(1) implement sustainable practices within the agency for--
(A) energy efficiency, greenhouse gas emissions
avoidance or reduction, and petroleum products use
reduction;
(B) renewable energy, including bioenergy;
(C) water conservation;
(D) acquisition;
(E) pollution and waste prevention and recycling;
(F) reduction or elimination of acquisition and use
of toxic or hazardous chemicals;
(G) high performance construction, lease,
operation, and maintenance of buildings;
(H) vehicle fleet management; and
(I) electronic equipment management;
(2) implement within the agency environmental management
systems at all appropriate organizational levels to ensure--
(A) the use of environmental management systems as
the primary management approach for addressing
environmental aspects of internal agency operations and
activities, including environmental aspects of energy
and transportation functions;
(B) establishment of agency objectives and targets
to ensure implementation of this title; and
(C) collection, analysis, and reporting of
information to measure performance in the
implementation of this title;
(3) establish within the agency programs for--
(A) environmental management training;
(B) environmental compliance review and audit; and
(C) leadership awards to recognize outstanding
environmental, energy, or transportation management
performance in the agency;
(4) within 30 days after the date of enactment of this
Act--
(A) designate a senior civilian officer of the
United States, compensated annually in an amount at or
above the amount payable at level IV of the Executive
Schedule, to be responsible for implementation of this
title within the agency;
(B) report such designation to the Director of the
Office of Management and Budget and the Chairman of the
Council on Environmental Quality; and
(C) assign the designated official the authority
and duty--
(i) to monitor and report to the head of
the agency on agency activities to carry out
paragraphs (1) and (2) of this subsection; and
(ii) to perform such other duties relating
to the implementation of this title within the
agency as the head of the agency deems
appropriate;
(5) ensure that contracts entered into after the date of
enactment of this Act for contractor operation of government-
owned facilities or vehicles require the contractor to comply
with the provisions of this title with respect to such
facilities or vehicles to the same extent as the agency would
be required to comply if the agency operated the facilities or
vehicles;
(6) ensure that agreements, permits, leases, licenses, or
other legally-binding obligations between the agency and a
tenant or concessionaire entered into after the date of
enactment of this Act, to the extent the head of the agency
determines appropriate, that the tenant or concessionaire take
actions relating to matters within the scope of the contract
that facilitate the agency's compliance with the requirements
of this section;
(7) provide reports on agency implementation of this title
to the Chairman of the Council on such schedule and in such
format as the Chairman of the Council may require; and
(8) provide information and assistance to the Director of
the Office of Management and Budget, the Chairman of the
Council, and the Federal Environmental Executive.
SEC. 104. ADDITIONAL DUTIES OF THE CHAIRMAN OF THE COUNCIL ON
ENVIRONMENTAL QUALITY.
The Chairman of the Council on Environmental Quality--
(1)(A) shall establish a Steering Committee on
Strengthening Federal Environmental, Energy, and Transportation
Management to advise the Director of the Office of Management
and Budget and the Chairman of the Council on the performance
of their functions under this title that shall consist
exclusively of--
(i) the Federal Environmental Executive, who shall
chair, convene, and preside at meetings of, determine
the agenda of, and direct the work of, the Steering
Committee; and
(ii) the senior officials designated under section
103(4)(A); and
(B) may establish subcommittees of the Steering Committee,
to assist it in developing its advice on particular subjects;
(2) may, after consultation with the Director of the Office
of Management and Budget and the Steering Committee, issue
instructions to implement this title, other than instructions
within the authority of the Director to issue under section
105; and
(3) shall administer a presidential leadership award
program to recognize exceptional and outstanding environmental,
energy, or transportation management performance and excellence
in agency efforts to implement this title.
SEC. 105. DUTIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET.
In implementing the policy of this title, the Director of the
Office of Management and Budget shall, after consultation with the
Chairman of the Council and the Steering Committee, issue instructions
to the heads of agencies concerning--
(1) the periodic evaluation of agency implementation of
this title;
(2) budget and appropriations matters relating to
implementation of this title;
(3) implementation of section 102(4) of this title; and
(4) amendments of the Federal Acquisition Regulation
necessary to implement this title.
SEC. 106. DUTIES OF THE FEDERAL ENVIRONMENTAL EXECUTIVE.
(a) Establishment of Office.--There is established within the
Environmental Protection Agency a Federal Environmental Office. The
Office shall be headed by the Federal Environmental Executive, who
shall be appointed by the President.
(b) Duties.--The Federal Environmental Executive shall--
(1) monitor, and advise the Chairman of the Council on,
performance by agencies with the requirements of sections 102
and 103 of this title;
(2) submit a report to the President, through the Chairman
of the Council, not less often than once every 2 years, on the
activities of agencies to comply with the requirements of this
title; and
(3) advise the Chairman of the Council on the Chairman's
exercise of the authority provided by section 104(3) of this
title.
SEC. 107. LIMITATIONS.
(a) United States Operations.--Except as provided in subsection
(b), this title shall apply to an agency only with respect to the
activities, personnel, resources, and facilities of the agency that are
located within the United States.
(b) Foreign Operations.--
(1) In general.--The head of an agency may provide that
this title shall apply in whole or in part with respect to the
activities, personnel, resources, and facilities of the agency
that are not located within the United States, if the head of
the agency determines that such application is in the interest
of the United States.
(2) Other foreign operations.--The head of an agency shall
manage activities, personnel, resources, and facilities of the
agency that are not located within the United States, and with
respect to which the head of the agency has not made a
determination under subsection (a) of this section, in a manner
consistent with the policy of this title to the extent the head
of the agency determines practicable.
SEC. 108. EXEMPTION AUTHORITY.
(a) Intelligence Activities.--The Director of National Intelligence
may exempt an intelligence activity of the United States, and related
personnel, resources, and facilities, from the provisions of this title
to the extent the Director determines necessary to protect intelligence
sources and methods from unauthorized disclosure.
(b) Law Enforcement Activities.--The head of an agency may exempt
law enforcement activities of that agency, and related personnel,
resources, and facilities, from the provisions of this title to the
extent the head of an agency determines necessary to protect undercover
operations from unauthorized disclosure.
(c) Special Purpose Vehicles.--The head of an agency may exempt law
enforcement, protective, emergency response, or military tactical
vehicle fleets of that agency from the provisions of this title.
Notwithstanding any such exemption, the head of an agency shall manage
fleets of such vehicles in a manner consistent with the policy of this
title to the extent practicable.
(d) Activities.--The head of an agency may submit to the President,
through the Chairman of the Council, a request for an exemption of an
agency activity and related personnel, resources, and facilities from
this title.
SEC. 109. GENERAL PROVISIONS.
(a) In General.--This title shall be implemented in a manner
consistent with applicable law and subject to the availability of
appropriations.
(b) OMB Functions.--Nothing in this title shall be construed to
impair or otherwise affect the functions of the Director of the Office
of Management and Budget relating to budget, administrative, or
legislative proposals.
(c) No Right of Recourse.--This title is intended only to improve
the internal management of the Federal Government and is not intended
to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, instrumentalities, entities,
officers, employees or agents, or any other person.
SEC. 110. ENERGY EFFICIENT STANDBY POWER DEVICES.
(a) In General.--Whenever a Federal agency purchases a commercially
available, off-the-shelf product that uses an external standby power
device, or that contains an internal standby power function, it shall
purchase--
(1) products that use no more than 1 Watt in their standby
power mode; or
(2) when such a product is not available, products with the
lowest standby power wattage while in their standby power mode.
(b) Limitation.--Subsection (a) applies only if compliance with its
requirements is practicable and life-cycle cost-effective, and a
product's utility and performance is not be compromised by compliance
with those requirements.
(c) Guidelines.--The Secretary of Energy, in consultation with the
Secretary of Defense and the Administrator of the General Services
Administration shall compile and maintain a list of products subject to
subsection (a) and a list of products that meet the requirements of
that subsection.
SEC. 111. PUBLIC UTILITY CONTRACTING AUTHORITY.
Section 501(b)(1)(B) of title 40, United States Code, is amended to
read as follows:
``(B) Public utility contracts.--
``(i) In general.--A contract for public
utility services may be made for a period of
not more than 10 years.
``(ii) Renewable energy contracts.--A
contract for renewable energy may be made for a
period of not more than 20 years.
``(iii) Definitions.--In this subparagraph:
``(I) Public utility services.--The
term `public utility services' means
generation, transmission, distribution,
or other services directly used in