[House Report 110-890]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-890
======================================================================
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
_______
September 25, 2008.--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. 6474]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 6474) 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. 6474
H.R. 6474 promotes innovative technologies for energy
generation and efficiency demonstrating the House leadership
role for businesses, governments and homeowners in energy use
and greening 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
2005 Energy Policy Act. H.R. 6474 is also consistent with the
goals of H.R. 6, Energy Independence and Security Act of 2007.
Demonstration projects develop and commercialize technologies
that expand the production of renewable fuels, which in turn
reduces our dependence on oil, and confronts global climate
change challenge. 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, July 30th, 2008, the Committee met to markup
H.R. 6474, and by a record vote of 4 ayes to 3 noes, 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 Bill provides that--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 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
The bill authorizes $5,000,000 for each of the fiscal years
2009 and 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 first recorded vote on H.R. 6474 was on an amendment in
the nature of a substitute offered by Mr. Ehlers. The amendment
would change the text of the legislation so that the assignment
of the work to be done would be given to the Architect of the
Capitol rather than the Chief Administrative Officer.
Additionally, the funding for fiscal years 2009-2010 to carry
out demonstration projects under this Act would be increased
from 5 million to 10 million. Furthermore, the title of the
legislation would be amended to read: ``A bill to authorize the
Architect of the Capitol to carry out a series of demonstration
projects to assist the House of Representatives in meeting
applicable energy conservation and renewable energy usage
requirements under law.''
The Committee then voted on the amendment in the nature of
a substitute. The amendment was not agreed to, 3 ayes to 5
noes.
------------------------------------------------------------------------
Ayes Noes Present
------------------------------------------------------------------------
Ms. Lofgren.................... X
Mr. Capuano.................... X
Mr. Gonzalez...................
Mrs. Davis (CA)................ X
Mr. Davis (AL)................. X
Mr. Ehlers..................... X
Mr. Lungren.................... X
Mr. McCarthy................... X
Chairman Brady................. X
----------------------------------------
Total.................... 3 5
------------------------------------------------------------------------
The Committee then considered Mr. Ehlers' Amendment #2,
which would require that if any demonstration project includes
a modification of any building or ground under the jurisdiction
of the Office of the Architect of the Capitol, that the Chief
Administrative Officer consults with and obtains the approval
of the Architect before the modification is made. The amendment
was not agreed to, 3 ayes to 5 noes.
------------------------------------------------------------------------
Ayes Noes Present
------------------------------------------------------------------------
Ms. Lofgren.................... X
Mr. Capuano.................... X
Mr. Gonzalez...................
Mrs. Davis (CA)................ X
Mr. Davis (AL)................. X
Mr. Ehlers..................... X
Mr. Lungren.................... X
Mr. McCarthy................... X
Chairman Brady................. X
----------------------------------------
Total.................... 3 5
------------------------------------------------------------------------
The Committee then considered Mr. Ehlers' Amendment #3,
which would require that in carrying out such demonstration
projects, the Chief Administrative Officer first receive the
approval of the Committee on House Administration prior to
entering into contracts with entities which have developed new
methods of using energy more efficiently. The amendment was not
agreed to, 3 ayes to 4 noes.
------------------------------------------------------------------------
Ayes Noes Present
------------------------------------------------------------------------
Ms. Lofgren.................... X
Mr. Capuano.................... X
Mr. Gonzalez...................
Mrs. Davis (CA)................ X
Mr. Davis (AL).................
Mr. Ehlers..................... X
Mr. Lungren.................... X
Mr. McCarthy................... X
Chairman Brady................. X
----------------------------------------
Total.................... 3 4
------------------------------------------------------------------------
The Committee then voted to favorably report H.R. 6474. The
motion to report favorably was agreed to by a vote 4 ayes to 3
noes.
------------------------------------------------------------------------
Ayes Noes Present
------------------------------------------------------------------------
Ms. Lofgren.................... X
Mr. Capuano.................... X
Mr. Gonzalez...................
Mrs. Davis (CA)................ X
Mr. Davis (AL).................
Mr. Ehlers..................... X
Mr. Lungren.................... X
Mr. McCarthy................... X
Chairman Brady................. X
----------------------------------------
Total.................... 4 3
------------------------------------------------------------------------
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, August 22, 2008.
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. 6474, 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 Tyler
Kruzich.
Sincerely,
Peter A. Fontaine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 6474--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. 6474 would authorize the Chief Administrative Officer
(CAO) of the House of Representatives to conduct demonstration
projects to reduce energy consumption in the House of
Representatives. The CAO would be required to submit reports to
the Committees on House Administration and Appropriations upon
completion of each project detailing how the project affects
energy use in the House of Representatives.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 6474 would cost the federal
government $10 million over the 2009-2013 period, subject to
the availability of appropriated funds. Enacting the
legislation would not affect direct spending or revenues.
H.R. 6474 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.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Peter H. Fontaine, 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. 6474 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. 6474 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. 6474 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. 6474 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. 6467 makes no changes in existing law.
MINORITY VIEWS OF THE HONORABLE VERNON J. EHLERS, THE HONORABLE DANIEL
P. LUNGREN, AND THE HONORABLE KEVIN McCARTHY
I. Introduction
On Wednesday, July 30, 2008, the Committee ordered H.R.
6474 reported favorably to the House by a recorded 4-3 vote.
H.R. 6474 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. 6474 authorizes a total of $10
million over Fiscal Years 2009 and 2010 in order to carry out
these projects. While many activities have been initiated under
the auspices of the ``Green the Capitol Initiative'', this is
the first instance in which the Committee has publicly
considered any proposed action. We applaud the Committee for
deciding to engage on these important matters within the
Committee's jurisdiction. We look forward to reconvening for
the public and comprehensive review of Capitol complex energy
matters as agreed to by the Chairman, 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. 6474, 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 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. 6474 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. To address this conflict,
the Ranking Member introduced an amendment in the nature of a
substitute that maintained all of the authorities as introduced
in H.R. 6474 but granted them to the Architect of the Capitol
rather than the Chief Administrative Officer, in order to
assist the AOC in achieving its statutory mandates. Further, as
the AOC estimated that achieving its energy reduction mandate
would cost $300 million, the Ranking Member's substitute
doubled the authorized monies available to carry out the
demonstration projects. The amendment was defeated.
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 Ranking Member 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 spent 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 recent 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. 6474. 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, the Ranking Member introduced an
amendment to require Committee approval for all contracts
entered into under the authority provided by H.R. 6474, 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 best value for the
House of Representatives. The amendment was defeated.
III. CONCLUSION
We believe that H.R. 6474 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 Ranking Member presented three very simple
amendments designed to maintain the spirit of the legislation
while correcting its flaws, but each was defeated by the
Majority.
Vernon J. Ehlers.
Daniel E. Lungren.
Kevin McCarthy.