[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6171 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6171

    To provide for the establishment of a commission and a national 
   competition to significantly improve the energy efficiency of and 
reduce emissions from Federal buildings in the National Capital Region.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2008

  Mr. Daniel E. Lungren of California introduced the following bill; 
 which was referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
    To provide for the establishment of a commission and a national 
   competition to significantly improve the energy efficiency of and 
reduce emissions from Federal buildings in the National Capital Region.

    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 ``National Capital Region Leadership 
in Environmental and Energy Stewardship Commission Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) to set the example in environmental and energy 
        stewardship for our Nation and the rest of the world, the 
        Federal Government must lead by creating a big, bold, and 
        innovative vision to push the envelope of technology;
            (2) in 1792, George Washington and Thomas Jefferson 
        initiated a competition for the design of Congress' House to 
        generate interest in the new Federal City and recognize a place 
        for noble architecture in a young and rugged Nation;
            (3) in the spirit of that competition, the Federal 
        Government should create a commission to hold another 
        competition to generate greater interest in environmental and 
        energy stewardship;
            (4) this competition should recognize America's 
        technological ingenuity and innovative spirit;
            (5) the Capitol is the symbol of freedom and democracy, and 
        the National Capital Region should be the symbol of energy and 
        environmental stewardship;
            (6) the footprint of the Federal Government in the National 
        Capital Region is in excess of 120 large facilities and 
        55,000,000 square feet;
            (7) the Federal Government will spend in excess of 
        2,000,000,000 dollars over the next 10 years on facility energy 
        costs in the National Capital Region, to include electricity, 
        natural gas, coal, and fuel oil;
            (8) Federal Government facilities emit numerous air 
        pollutants for which permits are required under title V of the 
        Clean Air Act and several hundred thousand tons of greenhouse 
        gases annually; and
            (9) the Federal Government is completely tied into the 
        national power grid and would be significantly impacted by a 
        large electrical outage.
    (b) Purpose.--The purpose of this Act is to establish a commission 
to--
            (1) analyze the overall facility environmental and energy 
        footprint and impact of the Federal Government in the National 
        Capital Region;
            (2) hold a nationwide competition with cash prizes up to 
        $1,000,000 to find innovative solutions with the singular goal 
        to significantly eliminate National Capital Region Federal 
        Government facility emissions and reduce its dependence on the 
        national power grid by making local combustion facilities 
        climate neutral or implementing other technologies to achieve 
        the same goals;
            (3) analyze existing and upcoming technologies which the 
        Federal Government can implement to eliminate facility 
        pollution and reduce its dependence on the national power grid;
            (4) recommend innovative, economical, clean, multifuel, 
        self sustaining, reliable, secure, and long-term solutions to 
        significantly eliminate Federal Government facility emissions 
        and reduce their dependence on the national power grid; and
            (5) submit to the Congress the results of the competition 
        and study, together with recommended solutions and draft 
        legislation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Climate neutral combustion facility.--The term 
        ``climate neutral combustion facility'' means any facility 
        which--
                    (A) burns or uses matter to produce electricity;
                    (B) captures the carbon dioxide released during 
                combustion; and
                    (C) neither produces, nor leads to the production 
                of, atmospheric emissions of mercury or greenhouse 
                gasses and no emissions that form fine particulate, 
                smog, or acid rain.
            (2) Federal government facilities.--The term ``Federal 
        Government facilities'' means all Federal Government executive, 
        legislative, and judicial branch facilities.
            (3) National capital region.--The term ``National Capital 
        Region'' has the meaning given that term in the National 
        Capital Planning Act of 1952 (40 U.S.C. 71) and includes the 
        District of Columbia; Montgomery and Prince George's Counties 
        of Maryland; Arlington, Fairfax, Loudon, and Prince William 
        Counties of Virginia; and all cities now or hereafter existing 
        in Maryland or Virginia within the geographic area bounded by 
        the outer boundaries of the combined area of said counties.

SEC. 4. ESTABLISHMENT AND DUTIES.

    (a) Establishment.--There is established the National Capital 
Region Leadership in Environmental and Energy Stewardship Commission 
(hereinafter in this Act referred to as the ``Commission'').
    (b) Duties.--The Commission shall perform the following duties:
            (1) Analyze the overall facility environmental and energy 
        footprint and impact of the Federal Government in the National 
        Capital Region. The Commission shall--
                    (A) determine the overall facility footprint of the 
                Federal Government in the National Capital Region and 
                identify which organizations are responsible for the 
                operations and maintenance of those facilities;
                    (B) determine all Federal Government facility 
                emissions of air pollutants for which permits are 
                required under title V of the Clean Air Act or 
                greenhouse gases;
                    (C) determine which Federal Government facilities 
                need the ability to operate off the national electrical 
                grid for national security purposes; and
                    (D) determine which guidelines, codes, ordinances, 
                executive orders, regulations, and laws apply for each 
                Federal facility in the National Capital Region.
            (2) Hold a nationwide competition for a cash prize to find 
        innovative solutions to significantly eliminate National 
        Capital Region Federal Government facility emissions and reduce 
        dependence on the national power grid by making local 
        combustion facilities climate neutral or implementing other 
        technologies to achieve the same goals. The Commission shall--
                    (A) determine the rules and submission requirements 
                for the competition;
                    (B) ensure the competition is open to all 
                businesses and universities in the United States;
                    (C) determine the winner of the competition; and
                    (D) award cash prizes up to one million dollars for 
                feasible solutions which can be implemented by the 
                Federal Government.
            (3) Analyze existing and upcoming technologies which the 
        Federal Government can implement to eliminate facility 
        pollution and reduce dependence on the national power grid. The 
        Commission shall--
                    (A) benchmark successful environmental and energy 
                strategies from cities or regions around the world;
                    (B) obtain data on existing and upcoming 
                environmental and energy technologies to determine 
                feasibility and economics of implementation in the 
                National Capital Region; and
                    (C) determine if any guidelines, codes, ordinances, 
                executive orders, regulations, and laws would prevent 
                implementation in the National Capital Region.
            (4) Recommend appropriate ways for the Federal Government 
        to significantly eliminate facility pollution emissions, 
        including greenhouse gases, and reduce its dependence on the 
        national electrical grid. The solutions shall take into account 
        current funding streams (both short-term and long-term), 
        reliability, security, enhancing Federal Government economies 
        of scale, and use of multiple fuels such as natural gas, coal, 
        and fuel oil.
    (c) Reports to Congress.--
            (1) Interim report.--The Commission may submit to the 
        Congress and President interim reports containing such 
        findings, conclusions, and recommendations for corrective 
        measures as have been agreed to by a majority of Commission 
        members.
            (2) Final report.--Not later than 18 months after the date 
        on which the Commission first meets, the Commission shall 
        submit to the Congress and the President a report. The report 
        shall include the following:
                    (A) The findings and conclusions of the Commission, 
                including its findings and conclusions with respect to 
                the matters referred to in subsection (b).
                    (B) The recommendations of the Commission for 
                improving the Federal Government environmental and 
                energy situation in the National Capital Region with 
                respect to total emissions, multiple sources of power, 
                and the feasibility of implementing the results of the 
                national competition to accomplish such goals.
                    (C) Other information, recommendations, and 
                proposed legislation with respect to such environmental 
                concerns in the National Capital Region as the 
                Commission considers appropriate.
    (d) Approval of the Final Report.--A Commission report submitted 
under subsection (c) shall require the approval of not less than \2/3\ 
of the members of the Commission. A minority view may be submitted as 
part of the Commission report.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) The intent of the Commission is to be bipartisan, 
        bicameral, and span multiple committees. The Commission shall 
        be composed of 19 members, who shall be appointed, within 90 
        days after the date of enactment of this Act, as follows:
                    (A) Seven members shall be appointed by the 
                President, including the Secretary of Energy (or his 
                designee), the Administrator of the Environmental 
                Protection Agency (or his designee), the Administrator 
                of General Services (or his designee), and the 
                Architect of the Capitol (or his designee).
                    (B) The Speaker of the House shall appoint--
                            (i) one Member of Congress from the House 
                        Administration Committee upon the 
                        recommendation of the Chairman;
                            (ii) one Member of Congress from the House 
                        Transportation and Infrastructure Committee 
                        upon the recommendation of the Chairman; and
                            (iii) one Member of Congress from the House 
                        Oversight and Government Reform Committee upon 
                        the recommendation of the Chairman.
                    (C) The minority leader of the House shall 
                appoint--
                            (i) one Member of Congress from the House 
                        Administration Committee upon the 
                        recommendation of the Ranking Member;
                            (ii) one Member of Congress from the House 
                        Transportation and Infrastructure Committee 
                        upon the recommendation of the Ranking Member; 
                        and
                            (iii) one Member of Congress from the House 
                        Oversight and Government Reform Committee upon 
                        the recommendation of the Ranking Member.
                    (D) The Senate majority leader shall appoint--
                            (i) one Senator from the Senate Rules and 
                        Administration Committee upon the 
                        recommendation of the Chairman;
                            (ii) one Senator from the Senate Homeland 
                        Security and Governmental Affairs Committee 
                        upon the recommendation of the Chairman; and
                            (iii) one Senator from the Senate 
                        Environment and Public Works Committee upon the 
                        recommendation of the Chairman.
                    (E) The Senate minority leader shall appoint--
                            (i) one Senator from the Senate Rules and 
                        Administration Committee upon the 
                        recommendation of the Ranking Member;
                            (ii) one Senator from the Senate Homeland 
                        Security and Governmental Affairs Committee 
                        upon the recommendation of the Ranking Member; 
                        and
                            (iii) one Senator from the Senate 
                        Environment and Public Works Committee upon the 
                        recommendation of the Ranking Member.
            (2) All members of the Commission shall be persons who are 
        especially qualified to serve on the Commission by virtue of 
        their education, training, or experience, particularly in the 
        field of environmental and energy stewardship.
    (b) Terms.--The term of office for members shall be for the life of 
the Commission. A vacancy in the Commission shall not affect the powers 
of the Commission, and shall be filled in the same manner in which the 
original appointment was made.
    (c) First Meeting.--The Commission shall meet and begin operations 
as soon as practicable.
    (d) Quorum.--12 members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (e) Chair and Vice Chair.--The Commission shall elect a Chair from 
among its members. The term of office shall be for the life of the 
Commission.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out the provisions of this Act, hold such hearings and sit and 
act at such times and at such places in the United States, and request 
the attendance and testimony of such witnesses and the production of 
such books, records, correspondence, memoranda, papers, and documents, 
as the Commission considers appropriate.
    (b) Powers of Subcommittees and Members.--Any subcommittee or 
member of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may acquire directly 
from the head of any department, agency, or instrumentality of the 
executive branch of the Government, available information which the 
Commission considers useful in the discharge of its duties. All 
departments, agencies, and instrumentalities of the executive branch of 
the Government shall cooperate with the Commission with respect to such 
information and shall furnish all information requested by the 
Commission to the extent permitted by law.
    (d) Nonapplicability of Federal Advisory Committee Act.--
            (1) In general.--The Federal Advisory Committee Act (5 
        U.S.C. App.) shall not apply to the Commission.
            (2) Public meetings and release of public versions of 
        reports.--The Commission shall--
                    (A) hold public hearings and meetings to the extent 
                appropriate; and
                    (B) release public versions of the reports required 
                under section 3(c)(1) and (2).
            (3) Public hearings.--Any public hearings of the Commission 
        shall be conducted in a manner consistent with the protection 
        of information provided to or developed for or by the 
        Commission as required by any applicable statute, regulation, 
        or Executive order.

SEC. 7. ADMINISTRATION PROVISIONS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the United States may be compensated at a 
rate equal to the daily equivalent of the annual rate of basic pay 
prescribed for level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day (including travel time) 
during which the member is engaged in the performance of the duties of 
the Commission. All members of the Commission who are officers or 
employees of the United States shall serve without compensation in 
addition to that received for their services as officers or employees 
of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--
            (1) The Chair of the Commission may, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable for a 
        position at level V of the Executive Schedule under section 
        5316 of title 5, United States Code.
            (2) The Chair of the Commission may fix the compensation of 
        the executive director and other personnel without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, relating to classification of 
        positions and General Schedule pay rates, except that the rate 
        of pay for the executive director and other personnel may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
    (d) Detail of Government Employees.--Upon request of the Chair of 
the Commission, the head of any Federal department or agency may 
detail, on a nonreimbursable basis, any personnel of that department or 
agency to the Commission to assist it in carrying out its duties.
    (e) Procurement of Temporary and Intermittent Services.--The Chair 
of the Commission may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.
    (f) Experts and Consultants.--The Commission may procure the 
services of experts and consultants in accordance with the provisions 
of section 3109(b) of title 5, United States Code, but at rates for 
individuals not to exceed the daily equivalent of the highest rate 
payable under section 5332 of such title.
    (g) Contracts.--The Commission may--
            (1) procure supplies, services, and property by contract in 
        accordance with applicable laws and regulations and to the 
        extent or in such amounts as are provided in appropriations 
        Acts; and
            (2) enter into contracts with departments, agencies, and 
        instrumentalities of the Federal Government, State agencies, 
        and private firms, institutions, and agencies, for the conduct 
        of research or surveys, the preparation of reports, and other 
        activities necessary for the discharge of the duties of the 
        Commission, to the extent or in such amounts as are provided in 
        appropriations Acts.
    (h) Funding.--The Commission is authorized to be appropriated such 
sums as are necessary to carry out the purposes of the Commission. Any 
sums made available to the Commission shall remain available, without 
fiscal year limitation, until the termination of the Commission.
    (i) General Services Administration.--The Administrator of General 
Services shall provide to the Commission on a reimbursable basis 
administrative support and other services for the performance of the 
Commission's functions.
    (j) Other Departments and Agencies.--In addition to the assistance 
prescribed in subsection (i), departments and agencies of the United 
States may provide to the Commission such services, funds, facilities, 
staff, and other support services as they may determine advisable and 
as may be authorized by law.
    (k) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (l) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    (m) Authority To Accept Voluntary Services.--Notwithstanding the 
provisions of section 1342 of title 31, United States Code, the 
Commission is authorized to accept and utilize the services of 
volunteers serving without compensation. The Commission may reimburse 
such volunteers for local travel and office supplies, and for other 
travel expenses, including per diem in lieu of substance, as authorized 
by section 5703 of title 5, United States Code. A person providing 
volunteer services to the Commission shall be considered an employee of 
the Federal Government in the performance of those services for the 
purposes of the following provisions of law:
            (1) Chapter 81 of title 5, United States Code, relating to 
        compensation for work-related injuries.
            (2) Chapter 171 of title 28, United States Code, relating 
        to tort claims.
            (3) Chapter 11 of title 18, United States Code, relating to 
        conflicts of interests.

SEC. 8. TERMINATION.

    The Commission shall terminate 60 days after the date on which the 
Commission submits its final report under section 3(c).
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