[Pages S2588-S2593]
From the Congressional Record Online through the 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,

[[Page S2589]]

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 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.

[[Page S2590]]

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 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

[[Page S2591]]

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 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

[[Page S2592]]

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 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).

[[Page S2593]]

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 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).

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