I 

116TH CONGRESS 

2D SESSION H. R. 5650 

To amend the National Energy Conservation Policy Act to improve Federal 

energy and water performance requirements for Federal buildings and 

establish a Federal Energy Management Program. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2020 

Mr. WELCH (for himself, Mr. KINZINGER, and Mr. MOULTON) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the National Energy Conservation Policy Act to 

improve Federal energy and water performance requirements for Federal buildings and establish a Federal Energy Management Program. 

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 ‘‘Federal Energy and 

5 Water Management Performance Act of 2020’’. 

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1 SEC. 2. ENERGY AND WATER PERFORMANCE REQUIRE2 MENT FOR FEDERAL BUILDINGS. 

3 (a) IN GENERAL.—Section 543 of the National En4 ergy Conservation Policy Act (42 U.S.C. 8253) is amend5 ed— 

6 (1) in the section heading, by inserting ‘‘AND

7 WATER’’ after ‘‘ENERGY’’; 

8 (2) in subsection (a)— 

9 (A) in the subsection heading, by inserting 

10 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

11 (B) by striking paragraph (1) and insert12 ing the following: 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 the head of each Federal agency shall— 

15 ‘‘(A) for each of fiscal years 2020 through 

16 2030, reduce average building energy intensity 

17 (as measured in British thermal units per gross 

18 square foot) at facilities of the agency by 2.5 

19 percent each fiscal year relative to the average 

20 building energy intensity of the facilities of the 

21 agency in fiscal year 2018; 

22 ‘‘(B) for each of fiscal years 2020 through 

23 2030, improve water use efficiency and manage24 ment, including stormwater management, at fa25 cilities of the agency by reducing agency water 

26 consumption intensity— 

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1 ‘‘(i) by reducing the potable water 

2 consumption by 54 percent by fiscal year 

3 2030, relative to the potable water con4 sumption of the agency in fiscal year 2007, 

5 through reductions of 2 percent each fiscal 

6 year (as measured in gallons per gross 

7 square foot); 

8 ‘‘(ii) by reducing the industrial, land9 scaping, and agricultural water consump10 tion of the agency, as compared to a base11 line of that consumption by the agency in 

12 fiscal year 2010, through reductions of 2 

13 percent each fiscal year (as measured in 

14 gallons); and 

15 ‘‘(iii) by installing appropriate infra16 structure features on federally owned prop17 erty to improve stormwater and waste18 water management; and 

19 ‘‘(C) to the maximum extent practicable, in 

20 carrying out subparagraphs (A) and (B), take 

21 measures that are life cycle cost effective (as 

22 defined in subsection (f)(1)).’’; 

23 (C) in paragraph (2)— 

24 (i) by striking ‘‘(2) An agency’’ and 

25 inserting the following: 

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1 ‘‘(2) ENERGY AND WATER INTENSIVE BUILDING

2 EXCLUSION.—An agency’’; and 

3 (ii) in the first sentence, by inserting 

4 ‘‘and water’’ after ‘‘energy’’ each place it 

5 appears; and 

6 (D) by striking paragraph (3) and insert7 ing the following: 

8 ‘‘(3) RECOMMENDATIONS.—Not later than De9 cember 31, 2029, the Secretary shall— 

10 ‘‘(A) review the results of the implementa11 tion of the energy and water performance re12 quirements established under paragraph (1); 

13 and 

14 ‘‘(B) submit to Congress recommendations 

15 concerning energy and water performance re16 quirements for fiscal years 2031 through 

17 2040.’’; 

18 (3) in subsection (b)— 

19 (A) in the subsection heading, by inserting 

20 ‘‘AND WATER’’ after ‘‘ENERGY’’; and 

21 (B) by striking paragraph (1) and insert22 ing the following: 

23 ‘‘(1) IN GENERAL.—Each agency shall— 

24 ‘‘(A) not later than October 1, 2020, to 

25 the maximum extent practicable, begin installVerDate Sep 11 2014 23:53 Jan 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5650.IH H5650
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1 ing in Federal buildings owned by the United 

2 States all energy and water conservation meas3 ures determined by the Secretary to be life cycle 

4 cost effective (as defined in subsection (f)(1)); 

5 and 

6 ‘‘(B) complete the installation described in 

7 subparagraph (A) as soon as practicable after 

8 the date referred to in that subparagraph.’’; 

9 (4) in subsection (c)(1)— 

10 (A) in subparagraph (A)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘An agency’’ and inserting 

13 ‘‘The head of each agency’’; and 

14 (ii) by inserting ‘‘or water’’ after ‘‘en15 ergy’’ each place it appears; and 

16 (B) in subparagraph (B)(i), by inserting 

17 ‘‘or water’’ after ‘‘energy’’; 

18 (5) in subsection (d)(2), by inserting ‘‘and 

19 water’’ after ‘‘energy’’; 

20 (6) in subsection (e)— 

21 (A) in the subsection heading, by inserting 

22 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

23 (B) in paragraph (1)— 

24 (i) in the first sentence— 

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1 (I) by striking ‘‘October 1, 2012’’ 

2 and inserting ‘‘October 1, 2020’’; 

3 (II) by inserting ‘‘and water’’ 

4 after ‘‘energy’’; and 

5 (III) by inserting ‘‘and water’’ 

6 after ‘‘electricity’’; 

7 (ii) in the second sentence, by insert8 ing ‘‘and water’’ after ‘‘electricity’’; and 

9 (iii) in the fourth sentence, by insert10 ing ‘‘and water’’ after ‘‘energy’’; 

11 (C) in paragraph (2)— 

12 (i) in subparagraph (A)— 

13 (I) by striking ‘‘and’’ before 

14 ‘‘Federal’’; and 

15 (II) by inserting ‘‘and any other 

16 person the Secretary deems nec17 essary,’’ before ‘‘shall’’; 

18 (ii) in subparagraph (B)— 

19 (I) by amending clause (i)(II) to 

20 read as follows: 

21 ‘‘(II) the extent to which meter22 ing is expected to result in increased 

23 potential for energy and water man24 agement, increased potential for en25 ergy and water savings, energy and 

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1 water efficiency improvements, and 

2 cost, energy, and water savings due to 

3 utility contract aggregation; and’’. 

4 (II) in clause (ii), by inserting 

5 ‘‘and water’’ after ‘‘energy’’; and 

6 (III) in clause (iv), by inserting 

7 ‘‘and water’’ after ‘‘energy’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(C) UPDATE.—Not later than 180 days 

11 after the date of enactment of this subpara12 graph, the Secretary shall update the guidelines 

13 established under subparagraph (A) to take into 

14 account water efficiency requirements under 

15 this section.’’; 

16 (D) in paragraph (3), in the matter pre17 ceding subparagraph (A), by striking ‘‘estab18 lished under paragraph (2)’’ and inserting ‘‘up19 dated under paragraph (2)(C)’’; and 

20 (E) in paragraph (4)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘this paragraph’’ 

23 and inserting ‘‘the Federal Energy 

24 and Water Management Performance 

25 Act of 2020’’; and 

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1 (II) by inserting ‘‘and water’’ be2 fore ‘‘use in’’; and 

3 (ii) in subparagraph (B)(ii), in the 

4 matter preceding clause (I), by inserting 

5 ‘‘and water’’ after ‘‘energy’’; 

6 (7) in subsection (f)— 

7 (A) in paragraph (1)(B)(i)(II), by inserting 

8 ‘‘and water’’ after ‘‘energy’’; 

9 (B) in paragraph (2)— 

10 (i) in subparagraph (A), by inserting 

11 ‘‘and water’’ before ‘‘use’’; and 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘energy’’ before 

14 ‘‘efficiency’’; and 

15 (II) by inserting ‘‘or water’’ be16 fore ‘‘use’’; 

17 (C) in paragraph (7)(B)(ii)(II), by insert18 ing ‘‘and water’’ after ‘‘energy’’; and 

19 (D) in paragraph (9)(A), in the matter 

20 preceding clause (i), by inserting ‘‘and water’’ 

21 after ‘‘energy’’; and 

22 (8) in subsection (g)(1), by striking ‘‘energy ef23 ficient’’ and inserting ‘‘energy and water efficient’’. 

24 (b) CONFORMING AMENDMENT.—The table of con25 tents for the National Energy Conservation Policy Act 

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1 (Public Law 95–619; 92 Stat. 3206) is amended by strik2 ing the item relating to section 543 and inserting the fol3 lowing: 

‘‘Sec. 543. Energy and water management requirements.’’. 

4 SEC. 3. FEDERAL ENERGY MANAGEMENT PROGRAM. 

5 Section 543 of the National Energy Conservation 

6 Policy Act (42 U.S.C. 8253) is amended by adding at the 

7 end the following: 

8 ‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall carry 

10 out a program, to be known as the ‘Federal Energy 

11 Management Program’ (referred to in this sub12 section as the ‘Program’), to facilitate the implemen13 tation by the Federal Government of cost-effective 

14 energy and water management and energy-related 

15 investment practices— 

16 ‘‘(A) to coordinate and strengthen Federal 

17 energy and water resilience; and 

18 ‘‘(B) to promote environmental steward19 ship. 

20 ‘‘(2) PROGRAM ACTIVITIES.— 

21 ‘‘(A) STRATEGIC PLANNING AND TECH22 NICAL ASSISTANCE.—Under the Program, the 

23 Federal Director appointed under paragraph 

24 (3)(A) (referred to in this subsection as the 

25 ‘Federal Director’) shall— 

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1 ‘‘(i) provide technical assistance and 

2 project implementation support and guid3 ance to Federal agencies to identify, imple4 ment, procure, and track energy and water 

5 conservation measures required under this 

6 Act and under other provisions of law (in7 cluding regulations); 

8 ‘‘(ii) in coordination with the Admin9 istrator of the General Services Adminis10 tration, establish appropriate procedures, 

11 methods, and best practices for use by 

12 Federal agencies to select, monitor, and 

13 terminate contracts entered into under sec14 tion 546 with utilities; 

15 ‘‘(iii) in coordination with the Federal 

16 Acquisition Regulatory Council, establish 

17 appropriate procedures, methods, and best 

18 practices for use by Federal agencies to se19 lect, monitor, and terminate contracts en20 tered into under section 801 with energy 

21 service contractors and utilities; 

22 ‘‘(iv) establish and maintain internet23 based information resources and project 

24 tracking systems and tools for energy and 

25 water management; 

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1 ‘‘(v) coordinate comprehensive and 

2 strategic approaches to energy and water 

3 resilience planning for Federal agencies; 

4 and 

5 ‘‘(vi) establish a recognition program 

6 for Federal achievement in energy and 

7 water management, energy-related invest8 ment practices, environmental stewardship, 

9 and other relevant areas, through events 

10 such as individual recognition award cere11 monies and public announcements. 

12 ‘‘(B) ENERGY AND WATER MANAGEMENT

13 AND REPORTING.—Under the Program, the 

14 Federal Director shall— 

15 ‘‘(i) track and report on the progress 

16 of Federal agencies in meeting the require17 ments of the agency under this section; 

18 ‘‘(ii) make publicly available annual 

19 Federal agency performance data required 

20 under— 

21 ‘‘(I) this section and sections 544 

22 through 548; and 

23 ‘‘(II) section 203 of the Energy 

24 Policy Act of 2005 (42 U.S.C. 

25 15852); 

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1 ‘‘(iii)(I) collect energy and water use 

2 and consumption data from each Federal 

3 agency; and 

4 ‘‘(II) based on that data, submit to 

5 each Federal agency a report that will fa6 cilitate the energy and water management, 

7 energy-related investment practices, and 

8 environmental stewardship of the agency in 

9 support of Federal goals under this Act 

10 and under other provisions of law (includ11 ing regulations); 

12 ‘‘(iv)(I) establish new Federal building 

13 energy efficiency standards; and 

14 ‘‘(II) in consultation with the Admin15 istrator of the General Services Adminis16 tration, acting through the head of the Of17 fice of High-Performance Green Buildings, 

18 establish and implement Federal building 

19 sustainable design principles for Federal 

20 facilities; 

21 ‘‘(v) manage the implementation of 

22 Federal building energy efficiency stand23 ards established under section 305 of the 

24 Energy Conservation and Production Act 

25 (42 U.S.C. 6834); and 

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1 ‘‘(vi) designate products that meet the 

2 highest energy conservation standards for 

3 categories not covered under the Energy 

4 Star program established under section 

5 324A of the Energy Policy and Conserva6 tion Act (42 U.S.C. 6294a). 

7 ‘‘(C) FEDERAL POLICY COORDINATION.— 

8 Under the Program, the Federal Director 

9 shall— 

10 ‘‘(i) develop and implement accredited 

11 training consistent with existing Federal 

12 programs and activities— 

13 ‘‘(I) relating to energy and water 

14 use, management, and resilience in 

15 Federal buildings, energy-related in16 vestment practices, and environmental 

17 stewardship; and 

18 ‘‘(II) that includes in-person 

19 training, internet-based programs, 

20 and national in-person training 

21 events; 

22 ‘‘(ii) coordinate and facilitate energy 

23 and water management, energy-related in24 vestment practices, and environmental 

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1 ergy Management Task Force established 

2 under section 547; and 

3 ‘‘(iii) report on the implementation of 

4 the priorities of the President, including 

5 Executive orders, relating to energy and 

6 water use in Federal buildings, in coordi7 nation with— 

8 ‘‘(I) the Office of Management 

9 and Budget; 

10 ‘‘(II) the Council on Environ11 mental Quality; and 

12 ‘‘(III) any other entity, as consid13 ered necessary by the Federal Direc14 tor. 

15 ‘‘(D) FACILITY AND FLEET OPTIMIZA16 TION.—Under the Program, the Federal Direc17 tor shall develop guidance, supply assistance to, 

18 and track the progress of Federal agencies— 

19 ‘‘(i) in conducting portfolio-wide facil20 ity energy and water resilience planning 

21 and project integration; 

22 ‘‘(ii) in building new construction and 

23 major renovations to meet the sustainable 

24 design and energy and water performance 

25 standards required under this section; 

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1 ‘‘(iii) in developing guidelines for— 

2 ‘‘(I) building commissioning; and 

3 ‘‘(II) facility operations and 

4 maintenance; and 

5 ‘‘(iv) in coordination with the Admin6 istrator of the General Services Adminis7 tration, in meeting statutory and agency 

8 goals for Federal fleet vehicles. 

9 ‘‘(3) FEDERAL DIRECTOR.— 

10 ‘‘(A) APPOINTMENT.—The Secretary shall 

11 appoint an individual to serve as Federal Direc12 tor of the Program, which shall be a career po13 sition in the Senior Executive service, to man14 age the Program and carry out the activities of 

15 the Program described in paragraph (2). 

16 ‘‘(B) DUTIES.—The Federal Director 

17 shall— 

18 ‘‘(i) oversee, manage, and administer 

19 the Program; 

20 ‘‘(ii) provide leadership in energy and 

21 water management, energy-related invest22 ment practices, and environmental stew23 ardship through coordination with Federal 

24 agencies and other appropriate entities; 

25 and 

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1 ‘‘(iii) establish a management council 

2 to advise the Federal Director that shall— 

3 ‘‘(I) convene not less frequently 

4 than once every quarter; and 

5 ‘‘(II) consist of representatives 

6 from— 

7 ‘‘(aa) the Council on Envi8 ronmental Quality; 

9 ‘‘(bb) the Office of Manage10 ment and Budget; and 

11 ‘‘(cc) the Office of Federal 

12 High-Performance Green Build13 ings in the General Services Ad14 ministration. 

15 ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub16 section impedes, supersedes, or alters the authority 

17 of the Secretary to carry out the remainder of this 

18 section or section 305 of the Energy Conservation 

19 and Production Act (42 U.S.C. 6834). 

20 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to the Sec22 retary to carry out this subsection $36,000,000 for 

23 each of fiscal years 2020 through 2024.’’. 

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