[House Report 117-610]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-610

======================================================================



 
 BULB REPLACEMENT IMPROVING GOVERNMENT WITH HIGH-EFFICIENCY TECHNOLOGY 
                                  ACT

                                _______
                                

December 8, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. DeFazio, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 7636]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7636) to amend title 40, United 
States Code, to require the Administrator of General Services 
to procure the most life-cycle cost effective and energy 
efficient lighting products and to issue guidance on the 
efficiency, effectiveness, and economy of those products, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     4
Duplication of Federal Programs..................................     4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                         Purpose of Legislation

    The purpose of H.R. 7636, the Bulb Replacement Improving 
Government with High-Efficiency Technology (BRIGHT) Act, is to 
ensure that public buildings are using the most life-cycle cost 
effective and energy efficient technology when performing 
normal maintenance, altering, or constructing public buildings.

                  Background and Need for Legislation

    From 2012 to 2018, the General Services Administration 
(GSA) released a series of reports evaluating the cost and 
energy-saving potential of utilizing the most efficient light 
bulbs, fixtures, and controls.\1\ Currently, federal energy 
guidance for lighting directs the GSA Administrator to use 
energy efficient options to the extent feasible.\2\ All ENERGY 
STAR light bulbs satisfy this requirement, using at least two-
thirds less energy than a standard incandescent bulb. Since the 
ENERGY STAR guidance was established, technology has improved 
significantly. However, the prevailing lighting guidance from 
the Energy Independence and Security Act of 2007 (EISA, P.L. 
110-140) does not ask GSA to use the most cost-efficient 
lighting fixture and bulb procurement, nor does it mention 
efficient lighting systems to fully encompass all relevant 
equipment, including lamps, sensors, controls, daylighting, 
etc.
---------------------------------------------------------------------------
    \1\https://www.gsa.gov/governmentwide-initiatives/sustainability/
emerging-building-technologies /published-findings/lighting.
    \2\https://www.sustainability.gov/pdfs/
guiding_principles_for_sustainable_federal_buildings.pdf.
---------------------------------------------------------------------------
    The BRIGHT Act directs GSA to procure the most life-cycle 
cost effective and energy efficient lighting for public 
buildings. Such guidance will codify GSA's report suggestions 
to ensure they pursue and use the most up to date, efficient 
lighting for all routine maintenance, alterations, and 
construction to the extent feasible as technology continues to 
evolve. The bill does not endorse, nor does it prohibit 
specific technology, but rather it guides GSA to pursue the 
most efficient option. Finally, the bill requires GSA to issue 
guidance to federal agencies, and state, local and Tribal 
entities to further streamline efficiency and effectiveness 
across government.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
117th Congress, the following hearings were used to develop or 
consider H.R. 7636:
    On November 2, 2021, the Subcommittee on Economic 
Development, Public Buildings, and Emergency Management held a 
hearing titled ``The General Services Administration's 
Priorities for 2021 and Beyond.'' The Subcommittee received 
testimony from Hon. Robin Carnahan, Administrator, General 
Services Administration; and, Ms. Nina Albert, Commissioner, 
Public Buildings Services, General Services Administration. 
This hearing examined the current and future priorities of the 
GSA.
    On June 22, 2022, the Subcommittee on Economic Development, 
Public Buildings, and Emergency Management held a hearing 
titled ``Capital Investment Program: Identifying Risk to GSA 
Facilities.'' The Subcommittee received testimony from Ms. Nina 
Albert, Commissioner, Public Buildings Service, General 
Services Administration.

                 Legislative History and Consideration

    H.R. 7636, the ``Bulb Replacement Improving Government with 
High-Efficiency Technology (BRIGHT) Act'', was introduced in 
the House on April 28, 2022, by Ms. Titus and referred to the 
Committee on Transportation and Infrastructure. Within the 
Committee on Transportation and Infrastructure, H.R. 7636 was 
referred to the Subcommittee on Economic Development, Public 
Buildings, and Emergency Management.
    The Subcommittee on Economic Development, Public Buildings, 
and Emergency Management was discharged from further 
consideration of H.R. 7636 on July 20, 2022.
    The Committee considered H.R. 7636 on July 20, 2022, and 
ordered the measure to be favorably reported to the House by a 
record vote of 49 yeas and 4 nays (Roll Call No. 100).

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call No. 100

    On: Agreeing to Amendment #1 offered by Mr. Perry (732)
    Agreed to: 49 yeas and 4 nays

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. DeFazio.....................................          Yea   Mr. Graves of MO..................  ............
Ms. Norton......................................          Yea   Mr. Crawford......................          Yea
Ms. Johnson of TX...............................          Yea   Mr. Gibbs.........................  ............
Mr. Larsen of WA................................          Yea   Mr. Webster.......................          Yea
Mrs. Napolitano.................................          Yea   Mr. Massie........................  ............
Mr. Cohen.......................................  ............  Mr. Perry.........................          Nay
Mr. Sires.......................................          Yea   Mr. Rodney Davis of IL............  ............
Mr. Garamendi...................................          Yea   Mr. Katko.........................  ............
Mr. Johnson of GA...............................          Yea   Mr. Babin.........................          Yea
Mr. Carson......................................          Yea   Mr. Graves of LA..................  ............
Ms. Titus.......................................          Yea   Mr. Rouzer........................          Nay
Mr. Maloney of NY...............................          Yea   Mr. Bost..........................          Yea
Mr. Huffman.....................................          Yea   Mr. Weber of TX...................          Nay
Ms. Brownley....................................          Yea   Mr. LaMalfa.......................          Yea
Ms. Wilson of FL................................  ............  Mr. Westerman.....................  ............
Mr. Payne.......................................          Yea   Mr. Mast..........................          Yea
Mr. Lowenthal...................................          Yea   Mr. Gallagher.....................          Yea
Mr. DeSaulnier..................................          Yea   Mr. Fitzpatrick...................          Yea
Mr. Lynch.......................................          Yea   Miss Gonzalez-Colon...............  ............
Mr. Carbajal....................................          Yea   Mr. Balderson.....................          Yea
Mr. Brown of MD.................................          Yea   Mr. Stauber.......................          Yea
Mr. Malinowski..................................          Yea   Mr. Burchett......................  ............
Mr. Stanton.....................................          Yea   Mr. Johnson of SD.................          Yea
Mr. Allred......................................          Yea   Mr. Van Drew......................          Yea
Ms. Davids of KS................................          Yea   Mr. Guest.........................          Yea
Mr. Garcia of IL................................          Yea   Mr. Nehls.........................          Yea
Mr. Pappas......................................          Yea   Ms. Mace..........................  ............
Mr. Lamb........................................          Yea   Ms. Malliotakis...................          Yea
Mr. Moulton.....................................  ............  Ms. Van Duyne.....................          Nay
Mr. Auchincloss.................................  ............  Mr. Gimenez.......................          Yea
Ms. Bourdeaux...................................          Yea   Mrs. Steel........................          Yea
Mr. Kahele......................................          Yea
Ms. Strickland..................................          Yea
Ms. Williams of GA..............................  ............
Ms. Newman......................................          Yea
Mr. Carter of LA................................          Yea
Mrs. Cherfilus-McCormack........................          Yea
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. The Chairman of the Committee shall cause such 
estimate and statement to be printed in the Congressional 
Record upon its receipt by the Committee.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives, a cost 
estimate provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
made available to the Committee in time for the filing of this 
report. The Chairman of the Committee shall cause such estimate 
to be printed in the Congressional Record upon its receipt by 
the Committee.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to ensure 
that public buildings are using the most life-cycle cost 
effective and energy efficient technology when performing 
normal maintenance, altering, or constructing public buildings.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 7636 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    An estimate of federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 7636 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Title

    This section provides that this bill may be cited as the 
``Bulb Replacement Improving Government with High-Efficiency 
Technology Act'' or ``BRIGHT Act''.

Sec. 2. Guidance

    This section directs GSA within one year to issue guidance 
to Federal agencies for the procurement and use of the most 
life-cycle cost effective and energy efficient lighting 
systems.

Sec. 3. Procurement of life-cycle cost effective and energy efficient 
        lighting systems

    This section directs GSA to the maximum extent practicable 
to procure the most life-cycle cost effective and energy 
efficient lighting systems during construction, alteration, 
acquisition or leasing of public buildings.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 40, UNITED STATES CODE



           *       *       *       *       *       *       *
SUBTITLE II--PUBLIC BUILDINGS AND WORKS

           *       *       *       *       *       *       *


PART A--GENERAL

           *       *       *       *       *       *       *


         CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION

Sec.
     * * * * * * *
[3313. Use of energy efficient lighting fixtures and bulbs.]
3313. Procurement of life-cycle cost effective and energy efficient 
          lighting systems.
     * * * * * * *

Sec. 3313. [Use of energy efficient lighting fixtures and bulbs] 
                    Procurement of life-cycle cost effective and energy 
                    efficient lighting systems

  [(a) Construction, Alteration, and Acquisition of Public 
Buildings.--Each public building constructed, altered, or 
acquired by the Administrator of General Services shall be 
equipped, to the maximum extent feasible as determined by the 
Administrator, with lighting fixtures and bulbs that are energy 
efficient.
  [(b) Maintenance of Public Buildings.--Each lighting fixture 
or bulb that is replaced by the Administrator in the normal 
course of maintenance of public buildings shall be replaced, to 
the maximum extent feasible, with a lighting fixture or bulb 
that is energy efficient.
  [(c) Considerations.--In making a determination under this 
section concerning the feasibility of installing a lighting 
fixture or bulb that is energy efficient, the Administrator 
shall consider--
          [(1) the life-cycle cost effectiveness of the fixture 
        or bulb;
          [(2) the compatibility of the fixture or bulb with 
        existing equipment;
          [(3) whether use of the fixture or bulb could result 
        in interference with productivity;
          [(4) the aesthetics relating to use of the fixture or 
        bulb; and
          [(5) such other factors as the Administrator 
        determines appropriate.]
  (a) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of General Services.
          (2) Lighting system.--The term ``lighting system'' 
        means the elements required to maintain a desired light 
        level, including lamps, light fixtures, fixture 
        distribution, sensors and control technologies, 
        interior design elements, and daylighting sources.
  (b) Procurement.--
          (1) In general.--To the maximum extent practicable, 
        the Administrator shall--
                  (A) procure the most life-cycle cost 
                effective and energy efficient lighting 
                systems; and
                  (B) ensure that procurements after the date 
                of enactment of the BRIGHT Act of lighting 
                systems or the individual components of 
                lighting systems maximize life-cycle cost 
                effectiveness and energy efficiency.
          (2) Use.--Each public building constructed, altered, 
        acquired, or leased by the Administrator shall be 
        equipped, to the maximum extent practicable as 
        determined by the Administrator, with the most life-
        cycle cost effective and energy efficient lighting 
        systems for each application.
  (c) Maintenance of Public Buildings.--Each individual 
component of a lighting system, including a lamp or fixture, 
that is replaced by the Administrator in the normal course of 
maintenance of public buildings shall be replaced, to the 
maximum extent practicable, with the most life-cycle cost 
effective and energy efficient lighting system possible for the 
application.
  (d) Considerations.--
          (1) Contracting options.--In carrying out this 
        section, the Administrator shall consider appropriate 
        contracting options for the procurement of the most 
        life-cycle cost effective and energy efficient lighting 
        systems.
          (2) Procurement and use.--In making a determination 
        under this section concerning the practicability of 
        procuring and installing the most life-cycle cost 
        effective and energy efficient lighting system, the 
        Administrator shall consider--
                  (A) the compatibility of the lighting system 
                with existing equipment, including 
                consideration of a cost effective retrofit;
                  (B) whether procurement and use of the 
                lighting system could result in interference 
                with productivity;
                  (C) the aesthetics relating to the use of the 
                lighting system; and
                  (D) such other factors as the Administrator 
                determines to be appropriate.
  (e) Life-Cycle Cost Effective.--The Administrator shall use 
the procedures and methods established under section 544(a) of 
the National Energy Conservation Policy Act (42 U.S.C. 8254(a)) 
in determining whether a lighting system is life-cycle cost 
effective.
  [(d)] (f) Energy Star.--A [lighting fixture or bulb] lighting 
system shall be treated as being energy efficient for purposes 
of this section if--
          (1) [the fixture or bulb is] the lighting system or 
        the individual components of the lighting system are 
        certified under the Energy Star program established by 
        section 324A of the Energy Policy and Conservation Act 
        (42 U.S.C. 6294a);
          (2) in the case of all light-emitting diode (LED) 
        luminaires, lamps, and systems whose efficacy (lumens 
        per watt) and Color Rendering Index (CRI) meet the 
        Department of Energy requirements for minimum luminaire 
        efficacy and CRI for the Energy Star certification, as 
        verified by an independent third-party testing 
        laboratory that the Administrator and the Secretary of 
        Energy determine conducts its tests according to the 
        procedures and recommendations of the Illuminating 
        Engineering Society of North America, even if the 
        luminaires, lamps, and systems have not received such 
        certification; or
          (3) the Administrator and the Secretary of Energy 
        have otherwise determined that the [fixture or bulb] 
        lighting system is energy efficient.
  [(e)] (g) Additional Energy Efficient Lighting 
Designations.--The Administrator of the Environmental 
Protection Agency and the Secretary of Energy shall give 
priority to establishing Energy Star performance criteria or 
Federal Energy Management Program designations for additional 
lighting product categories that are appropriate for 
procurement and use in public buildings.
  [(f)] (h) Guidelines.--The Administrator shall develop 
guidelines for the procurement and use of energy efficient 
lighting technologies that contain mercury in child care 
centers in public buildings.
  [(g)] (i) Applicability of Buy American Act.--Acquisitions 
carried out pursuant to this section shall be subject to the 
requirements of the Buy American Act (41 U.S.C. 10c et seq.).
  [(h) Effective Date.--The requirements of subsections (a) and 
(b) shall take effect 1 year after the date of enactment of 
this subsection.]

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