II 

115TH CONGRESS 

1ST SESSION S. 1071 

To require the evaluation and consolidation of duplicative green building 

programs within the Department of Energy. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2017 

Mr. FLAKE (for himself and Mrs. MCCASKILL) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To require the evaluation and consolidation of duplicative 

green building programs within the Department of Energy. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Duplicative Green 

5 Building Program Evaluation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATIVE EXPENSES.— 

9 (A) IN GENERAL.—The term ‘‘administra10 tive expenses’’ has the meaning given the term 


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1 by the Director of the Office of Management 

2 and Budget under section 504(b)(2) of the En3 ergy and Water Development and Related 

4 Agencies Appropriations Act, 2010 (31 U.S.C. 

5 1105 note; Public Law 111–85). 

6 (B) INCLUSIONS.—The term ‘‘administra7 tive expenses’’ includes, with respect to an 

8 agency— 

9 (i) costs incurred by— 

10 (I) the agency; or 

11 (II) any grantee, subgrantee, or 

12 other recipient of funds from a grant 

13 program or other program adminis14 tered by the agency; and 

15 (ii) expenses relating to personnel sal16 aries and benefits, property management, 

17 travel, program management, promotion, 

18 reviews and audits, case management, and 

19 communication regarding, promotion of, 

20 and outreach for programs and program 

21 activities administered by the agency. 

22 (2) APPLICABLE PROGRAM.—The term ‘‘appli23 cable program’’ means any program that is— 

24 (A) listed in Table 9 (pages 348–350) of 

25 the report of the Government Accountability 


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1 Office entitled ‘‘2012 Annual Report: Opportu2 nities to Reduce Duplication, Overlap and 

3 Fragmentation, Achieve Savings, and Enhance 

4 Revenue’’; and 

5 (B) administered by the Secretary. 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Energy. 

8 (4) SERVICE.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), the term ‘‘service’’ has the meaning 

11 given the term by the Director of the Office of 

12 Management and Budget. 

13 (B) REQUIREMENTS.—For purposes of 

14 subparagraph (A), the term ‘‘service’’ shall be 

15 limited to activities, assistance, or other aid 

16 that provides a direct benefit to a recipient, 

17 such as— 

18 (i) the provision of technical assist19 ance; 

20 (ii) assistance for housing or tuition; 

21 or 

22 (iii) financial support (including 

23 grants, loans, tax credits, and tax deduc24 tions). 


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1 SEC. 3. EVALUATION AND CONSOLIDATION OF DUPLICA2 TIVE GREEN BUILDING PROGRAMS WITHIN 

3 THE DEPARTMENT OF ENERGY. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary 

7 shall submit to Congress and make available on the 

8 public Internet website of the Department of Energy 

9 a report that describes the outcomes of all applicable 

10 programs. 

11 (2) REQUIREMENTS.—In preparing the report 

12 under paragraph (1), the Secretary shall— 

13 (A) determine the total administrative ex14 penses of each applicable program; 

15 (B) determine the expenditures for services 

16 for each applicable program; 

17 (C) estimate the number of— 

18 (i) clients served by each applicable 

19 program; and 

20 (ii) beneficiaries who received services 

21 under the applicable program (if applica22 ble); 

23 (D) estimate— 

24 (i) the number of full-time employees 

25 who administer each applicable program; 

26 and 


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1 (ii) the number of full-time equiva2 lents (the salary of whom is paid in part 

3 or full by the Federal Government through 

4 a grant or contract, a subaward of a grant 

5 or contract, a cooperative agreement, or 

6 another form of financial award or assist7 ance) who assist in administering the ap8 plicable program; 

9 (E) describe the type of services each ap10 plicable program provides, such as grants, tech11 nical assistance, loans, tax credits, or tax de12 ductions; 

13 (F) describe the type of recipient who ben14 efits from the services provided under the appli15 cable program, such as individual property own16 ers or renters, local governments, businesses, 

17 nonprofit organizations, or State governments; 

18 and 

19 (G) identify whether written program goals 

20 are available for each applicable program. 

21 (b) RECOMMENDATIONS.—Not later than 1 year 

22 after the date of enactment of this Act, the Secretary shall 

23 submit to Congress a report that includes— 

24 (1) an analysis of whether any applicable pro25 gram should be eliminated or consolidated, including 


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1 any legislative changes that would be necessary to 

2 eliminate or consolidate applicable programs; and 

3 (2) methods to improve the applicable programs 

4 by establishing program goals or increasing collabo5 ration to reduce the overlap and duplication identi6 fied in— 

7 (A) the 2011 report of the Government Ac8 countability Office entitled ‘‘Federal Initiatives 

9 for the Nonfederal Sector Could Benefit from 

10 More Interagency Collaboration’’; and 

11 (B) the report of the Government Account12 ability Office entitled ‘‘2012 Annual Report: 

13 Opportunities to Reduce Duplication, Overlap 

14 and Fragmentation, Achieve Savings, and En15 hance Revenue’’. 

16 (c) ANALYSES.—Not later than 1 year after the date 

17 of enactment of this Act, the Secretary shall identify— 

18 (1) which applicable programs were specifically 

19 authorized by Congress; and 

20 (2) which applicable programs are carried out 

21 solely under the discretionary authority of the Sec22 retary. 

Æ 


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