Short title

This Act may be cited as the

National Capital Region Leadership in Environmental and Energy Stewardship Commission Act

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.

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.

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.

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.

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.

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.

Termination

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