S 1830

S 1830 IS

To establish the Chief Conservation Officers Council to improve the energy efficiency of Federal agencies, and for other purposes.

October 21, 2009

Ms. COLLINS (for herself, Mr. LIEBERMAN, and Mr. CARPER) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To establish the Chief Conservation Officers Council to improve the energy efficiency of Federal agencies, 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.

This Act may be cited as the ‘Federal Agency Energy Efficiency Improvement Act of 2009’.

SEC. 2. DEFINITIONS.

In this Act:

(1) CHIEF CONSERVATION OFFICER- The term ‘Chief Conservation Officer’ means an individual designated as a Chief Conservation Officer under section 3(a)(1).

(2) COUNCIL- The term ‘Council’ means the Chief Conservation Officers Council established by section 4(a).

(3) FEDERAL AGENCY- The term ‘Federal agency’ means an agency of the Federal Government described in section 901(b) of title 31, United States Code.

SEC. 3. CHIEF CONSERVATION OFFICERS.

(a) Designation-

(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, each head of a Federal agency shall designate a Chief Conservation Officer.

(2) REQUIREMENTS-

(A) EMPLOYMENT STATUS- An individual designated as a Chief Conservation Officer under paragraph (1) shall serve in a Senior Executive Service position.

(B) PRIMARY RESPONSIBILITY-

(i) IN GENERAL- The primary responsibility of an individual designated as a Chief Conservation Officer for a Federal agency under paragraph (1) shall be to serve as Chief Conservation Officer for the Federal agency.

(ii) OTHER CAPACITIES- Subject to clause (i), an individual described in clause (i) may serve in another capacity in the Federal Government.

(3) AGENCY ENVIRONMENTAL EXECUTIVES- If the head of a Federal agency has designated an Agency Environmental Executive in accordance with Executive Order 13101 (63 Fed. Reg. 49643), the head of the Federal agency may designate the Agency Environmental Executive as a Chief Conservation Officer.

(b) General Responsibilities- A Chief Conservation Officer of a Federal agency shall--

(1) ensure that the Federal agency--

(A) complies with each energy policy of the Federal Government; and

(B) takes steps to ensure the compliance of the Federal agency with each energy policy of the Federal Government;

(2) provide advice and other assistance to the head of the Federal agency (including other applicable senior executive management personnel of the Federal agency) to enhance the conservation efforts of the Federal agency (including the review of acquisition plans and requirements developments at the earliest practicable stage in a contracting process);

(3) collect data to determine--

(A) the energy consumption of each building owned or operated by the Federal agency; and

(B) the energy consumption of major equipment located within each building described in subparagraph (A);

(4) provide to the Council the results of the data collected under paragraph (3);

(5) develop and implement policies for the Federal agency to minimize the quantities of energy consumed by the Federal agency;

(6) collect additional data as requested by the Council;

(7) take actions--

(A) to increase the energy efficiency of the Federal agency; and

(B) to maintain or increase the energy security and cost savings of the Federal agency;

(8) develop, facilitate, and maintain the implementation of a sound energy efficiency information technology architecture for the Federal agency;

(9) promote the effective and efficient design and operation of all major information resources management processes of the Federal agency; and

(10) participate in each activity carried out by the Council.

(c) Duties-

(1) PRIMARY DUTY- A Chief Conservation Officer shall be responsible for the management of the energy efficiency of the Federal agency under the jurisdiction of the Chief Conservation Officer.

(2) GENERAL DUTIES- In carrying out the primary duty of the Chief Conservation Officer under paragraph (1), the Chief Conservation Officer shall--

(A) monitor the performance of each energy efficiency program of the Federal agency;

(B) evaluate the performance of each program described in subparagraph (A) on the basis of applicable performance measurements, as determined by the Chief Conservation Officer;

(C) advise the head of the Federal agency regarding whether to continue, modify, or terminate any program or project carried out by the Federal agency; and

(D) in conjunction with the Chief Information Officer of the Federal agency, prepare an energy usage report, which shall--

(i) include data regarding the information technology energy usage of the Federal agency; and

(ii) be included in the first budget submitted to Congress under section 1105(a) of title 31, United States Code, after the report is prepared.

SEC. 4. CHIEF CONSERVATION OFFICERS COUNCIL.

(a) Establishment- There is established in the executive branch a council to be known as the ‘Chief Conservation Officers Council’.

(b) Composition- The Council shall be composed of--

(1) the Secretary of Energy;

(2) the Administrator of the Environmental Protection Agency;

(3) the Deputy Director for Management of the Office of Management and Budget;

(4) the Program Manager for the Federal Energy Management Program of the Department of Energy;

(5) the Chief Information Officer of each Federal agency;

(6) each Chief Conservation Officer;

(7) the Federal Environmental Executive; and

(8) any other officer or employee of the Federal Government, as designated by the Chairperson or Vice Chairperson.

(c) Chairperson; Vice Chairperson-

(1) CHAIRPERSON- The Deputy Director for Management of the Office of Management and Budget shall serve as the Chairperson of the Council.

(2) VICE CHAIRPERSON- The Program Manager for the Federal Energy Management Program of the Department of Energy shall serve as the Vice Chairperson of the Council.

(d) Duties of Certain Heads of Federal Agencies-

(1) SECRETARY OF ENERGY- The Secretary of Energy shall carry out each activity of the Council on behalf of the Chairperson of the Council.

(2) ADMINISTRATOR OF GENERAL SERVICES- The Administrator of General Services shall provide administrative and other related support to the Council.

(e) Function- The Council shall function as the principal interagency forum for improving the practices of Federal agencies relating to the design, acquisition, development, modernization, use, operation, sharing, and performance of energy efficiency efforts of the Federal Government.

(f) Duties of Council-

(1) IN GENERAL- The Council shall carry out appropriate actions, including the collection of information from each Chief Conservation Officer regarding the energy usage of the Federal agency of the Chief Conservation Officer, including the ratio that--

(A) the equipment energy usage of the Federal agency; bears to

(B) the building energy usage of the Federal agency.

(2) EFFICIENCY DUTIES- The Council shall--

(A) require each Chief Conservation Officer to collect and report any necessary additional energy usage data of the Federal agency of the Chief Conservation Officer;

(B) assist each Chief Conservation Officer in developing energy baselines and goals;

(C) provide guidance and develop recommendations for each Chief Conservation Officer to assist each Chief Conservation Officer in developing policies to enable the Federal agency of the Chief Conservation Officer to meet the energy efficiency goals of the Federal agency;

(D) provide guidance and develop recommendations for each Chief Conservation Officer to assist each Chief Conservation Officer in implementing energy policies;

(E) share experiences, ideas, best practices, and innovative approaches relating to the development of energy efficiencies;

(F) develop a universal metric to be used by Federal agencies to measure the effectiveness of the conservation efforts of the Federal agencies; and

(G) provide reports (including recommendations) regarding energy efficiency policies of Federal agencies covered by the reports to--

(i) the appropriate committees of Congress; and

(ii) the Office of Management and Budget.

(3) CONSULTATION REQUIREMENT- In carrying out each duty of the Council under this subsection, the Council shall consult regularly with representatives of appropriate State, local, and tribal governments.

(g) Office of Management and Budget Government Efficiency Reports and Scorecards- Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall--

(1) include in the annual report and scorecard of the Director under section 528 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17144) a description of the efforts of Federal agencies under this section; and

(2) make the description under paragraph (1) available on the website of the Office of Management and Budget.

SEC. 5. AUTHORIZATION FOR ACQUISITIONS.