II 

114TH CONGRESS 

1ST SESSION S. 939 

To require the evaluation and consolidation of duplicative green building 

programs within the Department of Energy. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2015 

Mr. FLAKE (for himself and Mr. BOOKER) 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. EVALUATION AND CONSOLIDATION OF DUPLI4 CATIVE GREEN BUILDING PROGRAMS WITH5 IN DEPARTMENT OF ENERGY. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATIVE EXPENSES.— 

8 (A) IN GENERAL.—The term ‘‘administra9 tive expenses’’ has the meaning given the term 

10 by the Director of the Office of Management 


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1 and Budget under section 504(b)(2) of the En2 ergy and Water Development and Related 

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

4 1105 note; Public Law 111–85). 

5 (B) INCLUSIONS.—The term ‘‘administra6 tive expenses’’ includes, with respect to an 

7 agency— 

8 (i) costs incurred by— 

9 (I) the agency; or 

10 (II) any grantee, subgrantee, or 

11 other recipient of funds from a grant 

12 program or other program adminis13 tered by the agency; and 

14 (ii) expenses relating to personnel sal15 aries and benefits, property management, 

16 travel, program management, promotion, 

17 reviews and audits, case management, and 

18 communication regarding, promotion of, 

19 and outreach for programs and program 

20 activities administered by the agency. 

21 (2) APPLICABLE PROGRAM.—The term ‘‘appli22 cable program’’ means any program that is— 

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

24 the report of the Government Accountability 

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1 nities to Reduce Duplication, Overlap and 

2 Fragmentation, Achieve Savings, and Enhance 

3 Revenue’’; and 

4 (B) administered by the Secretary. 

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

6 the Secretary of Energy. 

7 (4) SERVICE.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the term ‘‘service’’ has the meaning 

10 given the term by the Director of the Office of 

11 Management and Budget. 

12 (B) REQUIREMENTS.—For purposes of 

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

14 limited to activities, assistance, or other aid 

15 that provides a direct benefit to a recipient, 

16 such as— 

17 (i) the provision of technical assist18 ance; 

19 (ii) assistance for housing or tuition; 

20 or 

21 (iii) financial support (including 

22 grants, loans, tax credits, and tax deduc23 tions). 

24 (b) REPORT.— 


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1 (1) IN GENERAL.—Not later than October 1, 

2 2015, the Secretary shall submit to Congress and 

3 make available on the public Internet website of the 

4 Department of Energy a report that describes the 

5 outcomes of all applicable programs. 

6 (2) REQUIREMENTS.—In preparing the report 

7 under paragraph (1), the Secretary shall— 

8 (A) determine the total administrative ex9 penses of each applicable program; 

10 (B) determine the expenditures for services 

11 for each applicable program; 

12 (C) estimate the number of— 

13 (i) clients served by each applicable 

14 program; and 

15 (ii) beneficiaries who received services 

16 under the applicable program (if applica17 ble); 

18 (D) estimate— 

19 (i) the number of full-time employees 

20 who administer each applicable program; 

21 and 

22 (ii) the number of full-time equiva23 lents (the salary of whom is paid in part 

24 or full by the Federal Government through 

25 a grant or contract, a subaward of a grant 


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1 or contract, a cooperative agreement, or 

2 another form of financial award or assist3 ance) who assist in administering the ap4 plicable program; 

5 (E) describe the type of services each ap6 plicable program provides, such as grants, tech7 nical assistance, loans, tax credits, or tax de8 ductions; 

9 (F) describe the type of recipient who ben10 efits from the services provided under the appli11 cable program, such as individual property own12 ers or renters, local governments, businesses, 

13 nonprofit organizations, or State governments; 

14 and 

15 (G) identify whether written program goals 

16 are available for each applicable program. 

17 (c) RECOMMENDATIONS.—Not later than January 1, 

18 2016, the Secretary shall submit to Congress a report that 

19 includes— 

20 (1) an analysis of whether any applicable pro21 gram should be eliminated or consolidated, including 

22 any legislative changes that would be necessary to 

23 eliminate or consolidate applicable programs; and 

24 (2) methods to improve the applicable programs 

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1 ration to reduce the overlap and duplication identi2 fied in— 

3 (A) the 2011 report of the Government Ac4 countability Office entitled ‘‘Federal Initiatives 

5 for the NonFederal Sector Could Benefit from 

6 More Interagency Collaboration’’; and 

7 (B) the report of the Government Account8 ability Office entitled ‘‘2012 Annual Report: 

9 Opportunities to Reduce Duplication, Overlap 

10 and Fragmentation, Achieve Savings, and En11 hance Revenue’’. 

12 (d) ANALYSES.—Not later than January 1, 2016, the 

13 Secretary shall identify— 

14 (1) which applicable programs were specifically 

15 authorized by Congress; and 

16 (2) which applicable programs are carried out 

17 solely under the discretionary authority of the Sec18 retary. 

Æ 


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