79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–210 

AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER OF THE HOUSE OF 

REPRESENTATIVES TO CARRY OUT A SERIES OF DEMONSTRATION 

PROJECTS TO PROMOTE THE USE OF INNOVATIVE TECHNOLOGIES IN 

REDUCING ENERGY CONSUMPTION AND PROMOTING ENERGY EFFICIENCY AND COST SAVINGS IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. BRADY of Pennsylvania, from the Committee on House 

Administration, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 1196] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

the bill (H.R. 1196) to authorize the Chief Administrative Officer 

of the House of Representatives to carry out a series of demonstration projects to promote the use of innovative technologies in reducing energy consumption and promoting energy efficiency and cost 

savings in the House of Representatives, having considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

To authorize the Chief Administrative Officer of the House of 

Representatives to carry out a series of demonstration projects to 

promote the use of innovative technologies in reducing energy consumption and promoting energy efficiency and cost savings in the 

House of Representatives. 

BACKGROUND AND NEED FOR H.R. 1196

H.R. 1196 promotes innovative technologies for energy generation and efficiency to demonstrate the House’s leadership role for 

businesses, governments and homeowners in energy use and greenVerDate Nov 24 2008 07:18 Jul 17, 2009 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR210.XXX HR210

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ing efforts. In 2007 Speaker of the House Nancy Pelosi launched 

a 10-year plan to reduce energy consumption in the House. This 

plan calls for a reduction of 5 percent a year, which is twice the 

efficiency required of federal buildings by the 2005 Energy Policy 

Act. H.R. 1196 is also consistent with the goals of H.R. 2454, the 

American Clean Energy and Security Act of 2009. Demonstration 

projects develop and commercialize technologies that expand the 

production of renewable fuels, which in turn reduces our dependence on oil, and confronts the challenge of global climate change. 

Such projects increase our energy security and make America 

stronger, safer, and cleaner for future generations. 

The legislation is designed to encourage the CAO to pursue cutting edge and innovative new technologies for power generation as 

pilot projects. The House can provide leadership and encourage 

new products by piloting technologies in the beta testing phase. 

This should include new technologies that can generate power off 

of the grid. The legislation would also support projects that further 

the goals of the ‘‘Greening of the Capitol’’ initiative that can reduce 

energy consumption and promote energy efficiency. 

The Committee believes that no aspect of a manufacturing process or office building operation should be excluded in the efforts to 

encourage sustainable operations. Reducing energy consumption, 

better management and controls on energy use, and similar green 

practices will result in operating cost reductions and savings to taxpayers. Increased energy efficiency improvements are available to 

every company or government agency through improvements in 

lighting, window treatments, computer rooms, and heating and 

cooling systems; this legislation will move the House of Representatives forward as a leader in all aspects of energy efficiency and renewable energy use. 

COMMITTEE CONSIDERATION

On Wednesday, June 10th, 2009, the Committee met to mark up 

H.R. 1196, and by a voice vote ordered the bill reported favorably 

to the House without amendment. 

ANALYSIS OF THE BILL (AS REPORTED)

Section 1. Demonstration projects to promote innovations to reducing energy consumption of the House of Representatives 

(a) Authority to Carry Out Demonstration Projects— 

(1) The Chief Administrative Officer of the House of Representatives may carry out a series of demonstration projects to promote 

the use of innovative technologies in reducing energy consumption 

and promoting energy efficiency and cost savings. 

(2) Contracts—In carrying out such projects, the Chief Administrative Officer may enter into contracts with entities which have 

developed new methods of using energy more efficiently, generating 

electric power in a more sustainable manner, or improving the efficiency and lowering the costs of existing renewable power systems, 

consistent with the regulations promulgated by the Committee on 

House Administration for contracts entered into by the Chief Administrative Officer. 

(b) The Chief Administrative Officer shall submit a report to the 

Committees on House Administration and Appropriations of the 


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House of Representatives including analysis of the extent to which 

the project reduced energy consumption and promoted energy efficiency and cost savings in the House of Representatives. 

Section 2. Authorizing appropriations 

There are authorized to be appropriated $25,000,000 for fiscal 

year 2010 to carry out demonstration projects under this Act. 

Amounts appropriated pursuant to the authorization under this 

section shall remain available without fiscal year limitation until 

expended. 

MATTERS REQUIRED UNDER THE RULES OF THE HOUSE 

CONSTITUTIONAL AUTHORITY

Clause 3(d)(1) of House Rule XIII requires each committee report 

on a public bill or joint resolution to include a statement citing the 

specific constitutional power(s) granted to the Congress on which 

the Committee relies for enactment of the measure under consideration. The Committee cites the legislative power granted to Congress in Article I, Section 8, Clause 18. 

COMMITTEE RECORD VOTES

Clause 3(b) of House Rule XIII requires the results of each record 

vote on an amendment or motion to report, together with the 

names of those voting for and against, to be printed in the committee report. 

The Committee then voted on the Harper Amendment which 

would require the Chief Administrative Officer to seek the Committee’s approval for each demonstration project. The amendment was 

not agreed to, 2 ayes to 4 noes. 

Ayes Noes Present 

Ms. Lofgren ......................................................................................................................... — X — 

Mr. Capuano ....................................................................................................................... — X — 

Mr. Gonzalez ........................................................................................................................ — — — 

Mrs. Davis (CA) ................................................................................................................... — X — 

Mr. Davis (AL) ..................................................................................................................... — — — 

Mr. Lungren ......................................................................................................................... — — — 

Mr. McCarthy ....................................................................................................................... X — — 

Mr. Harper ........................................................................................................................... X — — 

Chairman Brady .................................................................................................................. — X — 

Total ........................................................................................................................... 2 4 — 

The Committee then considered the McCarthy Amendment 

which would require the Chief Administrative Officer to obtain the 

approval of the Architect of the Capitol before implementing any 

demonstration project that modifies a building or grounds under 

the jurisdiction of the Architect of the Capitol. The amendment was 

not agreed to, 2 ayes to 4 noes. 

Ayes Noes Present 

Ms. Lofgren ......................................................................................................................... — X — 

Mr. Capuano ....................................................................................................................... — X — 

Mr. Gonzalez ........................................................................................................................ — — — 

Mrs. Davis (CA) ................................................................................................................... — X — 

Mr. Davis (AL) ..................................................................................................................... — — — 

Mr. Lungren ......................................................................................................................... — — — 


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Ayes Noes Present 

Mr. McCarthy ....................................................................................................................... X — — 

Mr. Harper ........................................................................................................................... X — — 

Chairman Brady .................................................................................................................. — X — 

Total ........................................................................................................................... 2 4 — 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, the following estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 24, 2009. 

Hon. ROBERT A. BRADY, Chairman, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1196, a bill to authorize 

the Chief Administrative Officer of the House of Representatives to 

carry out a series of demonstration projects to promote the use of 

innovative technologies in reducing energy consumption and promoting energy efficiency and cost savings in the House of Representatives. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 1196—A bill to authorize the Chief Administrative Officer of 

the House of Representatives to carry out a series of demonstration projects to promote the use of innovative technologies in reducing energy consumption and promoting energy efficiency 

and cost savings in the House of Representatives 

H.R. 1196 would authorize the Chief Administrative Officer 

(CAO) of the House of Representatives to conduct demonstration 

projects to reduce energy consumption. The CAO would be required 

to submit reports to the Committees on House Administration and 

Appropriations after completing each project, detailing how the 

project affects energy use in the House of Representatives. Finally, 

the bill would authorize the appropriation of $25 million for fiscal 

year 2010. 

Assuming appropriation of the authorized amount, CBO estimates that implementing H.R. 1196 would cost the federal government $25 million over the 2010–2014 period. Enacting the legislation would not affect direct spending or revenues. 

H.R. 1196 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 


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The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES

Section 423 of the CBA requires a committee report on any public bill or joint resolution that includes a federal mandate to include 

specific information about such mandates. The Committee states 

that H.R. 1196 includes no federal mandates. 

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 

committee statement on the extent to which the bill or joint resolution is intended to preempt state or local law. The Committee 

states that H.R. 1196 is not intended to preempt any state or local 

law. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee states that the findings 

and recommendations of the Committee, based on the oversight activities under clause 2(b)(1) of rule X of the Rules of the House of 

Representatives, are incorporated in the descriptive portions of this 

report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The Committee states, with respect to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, that the goal and objective of H.R. 1196 is to increase energy efficiency in the House 

of Representatives and thereby result in cost savings to the House. 

CONGRESSIONAL ‘‘EARMARKS’’ 

Clause 9 of House Rule XXI requires committee reports on public 

bills and resolutions to contain an identification of congressional 

‘‘earmarks,’’ limited tax benefits, limited tariff benefits, and the 

names of requesting Members. The bill contains no such items. 

CONGRESSIONAL ACCOUNTABILITY

Section 102(b)(3) of the Congressional Accountability Act of 1995 

(P. L. 104–1) requires each report on a public bill or joint resolution 

relating to terms and conditions of employment or access to public 

services or accommodations to describe the manner in which the 

legislation applies to the Legislative Branch. The Committee finds 

that H.R. 1196 does not relate to the terms and conditions of employment or access to public services or accommodations within the 

meaning of the Act. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H.R. 1196 makes no changes in existing law. 


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MINORITY VIEWS OF THE HONORABLE DANIEL E. LUNGREN, THE HONORABLE KEVIN MCCARTHY, AND THE 

HONORABLE GREGG HARPER 

I. INTRODUCTION

On Wednesday, June 10, 2009, the Committee ordered H.R. 1196 

reported favorably to the House. H.R. 1196 authorizes the Chief 

Administrative Officer (CAO) of the House of Representatives to 

carry out a series of demonstration projects to promote the use of 

innovative technologies in reducing energy consumption and promoting energy efficiency and cost savings in the House of Representatives. Further, H.R. 1196 authorizes a total of $25 million 

in order to carry out these projects. While many activities have 

been initiated under the auspices of the ‘‘Green the Capitol Initiative,’’ this is only the second instance in which the Committee has 

publicly considered any proposed action, the first being consideration of a preceding version of this bill in 2008. We applaud the 

Chairman for engaging on these important matters within the 

Committee’s jurisdiction. We look forward to reconvening for a public and comprehensive review of Capitol complex energy matters, to 

include how the Congress integrates with other operations of the 

Federal government in the National Capital Region. We remain 

deeply troubled by H.R. 1196, which through its structure and purpose illustrates the deeply flawed approach of the Majority to matters of energy efficiency and sustainability. 

II. KEY ISSUES

Structure and authority 

The Architect of the Capitol (AOC) is responsible for meeting the 

mandatory energy efficiency requirements for Federal Buildings included in the Energy Policy Act of 2005 and the energy Independence and Security Act of 2007. These mandates include the reduction of energy consumption from an FY 2003 baseline totaling 30 

percent by FY 2015. Additionally, as the entity responsible for the 

Capitol complex energy infrastructure, the AOC is also subject to 

specific statutory mandates for use of renewable energy, with a requirement that 7.5 percent of electricity be from renewable sources 

by 2015. The AOC has incorporated energy savings goals into its 

regular project planning process, and has achieved its annual energy reduction goals through a number of initiatives that have become the foundation of a successful, long term energy reduction 

program. These combined efforts reduced Capitol complex energy 

consumption by 6.5 percent in FY 2006 and 6.7 percent in FY 2007, 

substantially exceeding the minimum reduction goals set by the 

Energy Policy Act of 2005. During FY 2007, the AOC invested significant effort in developing Energy Saving Performance Contracts 

(ESPC), as well as a prioritized list of potential energy saving 


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projects. Through these combined initiatives, the AOC identified 

projects capable of reducing energy consumption 30 percent by 

2015. The AOC estimates that it will cost $300 million to meet this 

30 percent mandate. 

The authority granted to the Chief Administrative Officer in H.R. 

1196 conflicts with the Architect of the Capitol’s clear responsibility 

for energy infrastructure in the Capitol complex, including matters 

of energy efficiency and the provision of renewable electricity. The 

Chief Administrative Officer has neither the statutory responsibility nor the organizational capacity to manage the capitol complex energy infrastructure. Given the nature of business in the 

House of Representatives, it is essential that energy services are 

reliable and operate without unscheduled disruptions. To this end, 

the Representative McCarthy introduced an amendment requiring 

that the Chief Administrative Officer consult with and obtain the 

approval of the AOC prior to engaging in any project that would 

modify Capitol buildings and grounds. This amendment was designed to ensure communication across the two organizations and 

to prevent any adverse impact on energy services by activities carried out by the CAO organization. The amendment was defeated. 

Demonstrated shortfalls 

While the Architect of the Capitol has demonstrated a capacity 

to properly identify, document, and measure energy-saving projects 

based on clear processes that assign value based on costs relative 

to results, the Chief Administrative Officer has demonstrated no 

such capacity. In the CAO’s lone foray into executing a project to 

increase energy efficiency, the House sent nearly $700K to study 

the re-lighting of the Capitol dome. An analysis of current energy 

usage and costs related to the Capitol dome lights reveals that, 

with a top-end savings of $12K annually, the CAO’s study will not 

achieve economic payback for over 50 years. Factoring in the cost 

of construction and installation, the project has a payback period 

well over a century. It is difficult to identify any processes within 

the CAO that identified this as a priority project, to take precedence over other energy-saving projects also in need of funding. As 

such, our confidence in the CAO’s ability to deliver value to the 

taxpayer is justifiably weak. 

Further, the CAO’s past violations of Committee procurement 

regulations and inability to provide the transparency and reporting 

accuracy expected of his position calls into concern the manner in 

which the CAO will utilize the authority provided in H.R. 1196. 

The degree to which the CAO reports on contracting activities, and 

the degree to which sole source contract awards are used to meet 

the objectives of the legislation remain open questions and present 

obvious concerns. To address these concerns, Representative Harper introduced an amendment to require Committee approval for all 

contracts entered into under the authority provided by H.R. 1196, 

not just those contracts exceeding $250K in value or one year in 

length. The amendment additionally strengthened the requirement 

that the CAO operate in strict adherence to the Committee’s procurement regulations in order to ensure open and fair competition 

and achieve best value for the House of Representatives. The 

amendment was defeated. 


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III. CONCLUSION

We believe that H.R. 1196 is deeply flawed in its structure, and 

that its enactment would result in organizational confusion and implementation risks that would undermine the collective goal of reducing energy consumption in the House. It is essential that the 

Committee act in a manner that sets a proper example for how organizations and individuals can achieve cost-effective energy savings. This requires processes of the type incorporated into the 

AOC’s project planning that ensure that the best value is achieved 

for each project investment. The CAO’s demonstrated record of engaging in high-profile but poor-value projects undermines the credibility of the Congress, and should not continue to be encouraged. 

The Committee minority presented two very simple amendments 

designed to maintain the spirit of the legislation while correcting 

its flaws, but each was defeated by the Majority. 

DANIEL E. LUNGREN. KEVIN MCCARTHY. GREGG HARPER. 

Æ 


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