GAO 

United States Government Accountability Office

Report to Congressional Committees

FEDERAL ENERGY 

MANAGEMENT 

Agencies Are Taking 

Steps to Meet 

High-Performance 

Federal Building 

Requirements, but 

Face Challenges 

October 2009 

GAO-10-22 
What GAO Found

United States Government Accountability Office

Why GAO Did This Study

Highlights

Accountability Integrity Reliability

October 2009

FEDERAL ENERGY MANAGEMENT

Agencies Are Taking Steps to Meet High-Performance 

Federal Building Requirements, but Face Challenges

Highlights of GAO-10-22, a report to 

congressional committees 

The federal government is the 

nation’s largest energy consumer. 

The Energy Independence and 

Security Act of 2007 (EISA) 

establishes high-performance 

federal building requirements that 

include reducing energy use and 

managing storm water runoff. The 

Department of Energy (DOE), 

General Services Administration 

(GSA), Office of Management and 

Budget (OMB), and Environmental 

Protection Agency (EPA) are 

implementing and, in turn, helping 

other agencies to implement EISA 

requirements. The American 

Recovery and Reinvestment Act of 

2009 (Recovery Act) provides 

funding that some agencies can use 

to carry out EISA high-performance 

federal building requirements. 

This report, required by EISA, 

addresses (1) what implementing 

agencies are doing to direct and 

assist other agencies in meeting 

key EISA high-performance federal 

building requirements, (2) how 

implementing agencies are 

planning to use Recovery Act funds 

to meet key requirements, and (3) 

what challenges implementing and 

other agencies might face. To do 

this, GAO reviewed legal materials, 

guidance, draft energy data, and 

other documents and interviewed 

agency officials and stakeholders. 

DOE and GSA generally agreed 

with the report’s findings and 

conclusions and provided written 

comments. OMB neither agreed nor 

disagreed with the report and 

provided technical comments. 

EPA did not provide comments. 

Agency comments were 

incorporated as appropriate. 

Implementing agencies—DOE, GSA, OMB, and EPA—are taking steps to meet 

key EISA high-performance federal building requirements and, in so doing, are 

assisting and providing direction for other federal agencies toward this end. 

DOE, for example, has issued guidance for agencies to carry out EISA energy 

and water management activities and is developing regulations for agencies to 

reduce the use of energy generated from fossil fuels and to identify a green 

building certification system for federal buildings—all EISA requirements. 

However, as DOE officials noted, EISA does not require a certification system 

to ensure that agencies meet all EISA high-performance federal building 

requirements, and these systems are not designed to do so. GSA, which acts as 

the leasing agent for most federal agencies, is incorporating into its federal 

leases EISA requirements for leasing space with a recent ENERGY STAR 

label—an energy use rating system—and has established an Office of Federal 

High-Performance Green Buildings. OMB is incorporating information on 

agencies’ progress in implementing EISA requirements into scorecards it uses 

to rate agencies’ energy and water management. EPA is developing guidance 

to assist agencies in meeting EISA requirements for managing storm water 

runoff. 

Two implementing agencies—GSA and DOE—are planning to use Recovery 

Act funds to meet key EISA high-performance federal building requirements. 

GSA received a $4 million Recovery Act appropriation to fund its Office of 

Federal High-Performance Green Buildings and plans to use this funding to 

hire staff and carry out the office’s functions. In addition, GSA received a far 

larger amount—$4.5 billion—in Recovery Act funding to convert some GSA 

facilities to high-performance green buildings. DOE plans to use about $73 

million in Recovery Act funding to collect and manage energy usage data, 

provide technical assistance, and fund building energy efficiency research. 

OMB did not receive Recovery Act funds, and while EPA did, the funds were 

directed for purposes other than implementing EISA high-performance federal 

building requirements. 

Agencies will likely face challenges meeting EISA requirements for (1) 

increasing energy efficiency and conservation, (2) decreasing and eventually 

eliminating the use of energy generated from fossil fuels, (3) conducting 

federal energy and water management activities, and (4) leasing ENERGY 

STAR rated space. In addition, long-term funding and capital budgeting 

issues—specifically, requirements for recognizing capital costs up front in the 

federal budget—present overarching challenges for agencies in meeting all 

EISA high-performance federal building requirements. According to officials 

from agencies and stakeholder organizations and GAO’s prior work, effective 

energy management practices, such as ensuring accurate data are collected 

and monitored, can help agencies address some of these challenges. 

View GAO-10-22 or key components.

For more information, contact Terrell Dorn at 

(202) 512-6923 or DornT@gao.gov or Mark 

Gaffigan at (202) 512-3841 or 

GaffiganM@gao.gov. 
Page i GAO-10-22 

Contents 

Letter 1

Background 5 

DOE, GSA, OMB, and EPA Are Taking Steps, Which Direct and 

Assist Federal Agencies in Implementing EISA 8 

GSA and DOE Have Plans Under Way to Use Recovery Act Funds 

to Help Meet Key EISA High-Performance Federal Building 

Requirements 19 

Agencies Will Likely Face Challenges Meeting EISA Energy 

Reduction and Energy and Water Management Requirements 23 

Concluding Observations 37 

Agency Comments 37 

Appendix I Objectives, Scope, and Methodology 40 

Appendix II Summary of EISA Provisions Contained in Title IV, 

Subtitle C—High-Performance Federal Buildings 44 

Appendix III Status of Agencies’ Implementation of Key 

EISA Requirements Contained in Title IV, 

Subtitle C 46 

Appendix IV Comments from the Department of Energy 56 

Appendix V Comments from the General Services Administration 58 

Appendix VI Comments from the Department of Defense 61 

Appendix VII GAO Contacts and Staff Acknowledgments 63 

 Federal Energy Management 
Tables 

Table 1: Status of Agencies’ Implementation of Key EISA 

Requirements Contained in Title IV, Subtitle C—HighPerformance Federal Buildings, as of October 2009 15 

Table 2: Energy Intensity Reduction Goals for Federal Buildings in 

EISA Title IV, Subtitle C, Section 431 23 

Table 3: Fossil Fuel Generated Energy Use Reduction 

Requirements in EISA Title IV, Subtitle C, Section 433 for 

New Buildings and Those Undergoing Major Renovations 27 

Figure 

Figure 1: Agencies’ Reductions in Energy Intensity, Including 

Partial Credits for Purchases of Renewable Energy and 

Renewable Energy Certificates, Fiscal Year 2008 25 

Page ii GAO-10-22 Federal Energy Management
Abbreviations 

AIA American Institute of Architects 

ASHRAE American Society for Heating, Refrigeration, and AirConditioning Engineers 

Btu British thermal unit 

DOD Department of Defense 

DOE Department of Energy 

EISA Energy Independence and Security Act of 2007 

EPA Environmental Protection Agency 

EPAct 2005 Energy Policy Act of 2005 

FEMP Federal Energy Management Program 

GSA General Services Administration 

LEED Leadership in Energy and Environmental Design 

MOU memorandum of understanding 

NECPA National Energy Conservation Policy Act of 1978 

NIBS National Institute of Building Sciences 

OMB Office of Management and Budget 

Recovery Act American Recovery and Reinvestment Act of 2009 

VA Department of Veterans Affairs 

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Page iii GAO-10-22 Federal Energy Management
Page 1 GAO-10-22 

 

United States Government Accountability Office

Washington, DC 20548 

 

October 30, 2009 

The Honorable Barbara Boxer 

Chairman 

The Honorable James M. Inhofe 

Ranking Member 

Committee on Environment 

 and Public Works 

United States Senate 

The Honorable Henry A. Waxman 

Chairman 

The Honorable Joe L. Barton 

Ranking Member 

Committee on Energy and Commerce 

House of Representatives 

The federal government is the nation’s single largest energy consumer, and 

federal buildings accounted for about 35 percent of the government’s total 

energy usage in fiscal year 2008.1

 Over the last several years, a number of 

laws and executive orders have established new requirements and 

direction for reducing energy and water consumption in federal facilities. 

In December 2007, the Energy Independence and Security Act (EISA) was 

enacted to, among other things, make federal buildings more energy 

efficient and reduce energy and water consumption.2

 Specifically, EISA 

Title IV, Subtitle C—High-Performance Federal Buildings3

 established new 

energy and water management requirements and standards for federal 

buildings and for the agencies that oversee them, among other things.4

 For 

1

U.S. Department of Energy preliminary fiscal year 2008 data. 

2

Energy Independence and Security Act of 2007, Pub. L. No. 110-140, Title IV, Subtitle C—

High-Performance Federal Buildings, 121 Stat. 1492, 1607-23. 

3

According to Section 401(12) of EISA, a high-performance building is a building that 

integrates and optimizes on a life cycle basis all major high-performance attributes, 

including energy conservation, environment, safety, security, durability, accessibility, costbenefit, productivity, sustainability, functionality, and operational considerations. 

4

For the purposes of this report, when we refer to high-performance federal building 

requirements or sections, we are referring specifically to those sections contained in EISA 

Title IV, Subtitle C—High-Performance Federal Buildings. Additionally, for the purposes of 

this report, when we refer to EISA, we are specifically referring to Title IV, Subtitle C. 

 Federal Energy Management 
 

example, EISA establishes requirements for reducing energy use at federal 

buildings, conducting energy and water evaluations, reducing the use of 

energy generated from fossil fuels for certain federal buildings, and 

managing storm water runoff. Currently, Congress is considering a new 

energy bill, which, if enacted in 2009, would be another significant piece of 

energy-related legislation enacted in the last 5 years.5

EISA directs certain agencies—including the Department of Energy 

(DOE), the General Services Administration (GSA), and the Office of 

Management and Budget (OMB)—to develop regulations and guidance, 

collect information, report on agencies’ progress, and coordinate activities 

across the federal government, among other activities. In addition, the 

Environmental Protection Agency (EPA), although not specifically 

required to do so under EISA, has taken on responsibilities for 

implementing some of EISA’s high-performance federal building 

requirements and will continue to do so under a recently issued Executive 

Order.6

 Because of the roles these agencies are taking on with respect to 

EISA high-performance federal building requirements, for the purposes of 

this report, we refer to these four agencies as “implementing agencies.” In 

addition, EISA directs federal agencies, including the implementing 

agencies identified above and other agencies, such as the Departments of 

Defense (DOD) and Veterans Affairs (VA), to meet other federal building 

requirements contained in Title IV, Subtitle C of EISA.7

The American Recovery and Reinvestment Act of 2009 (Recovery Act) 

recently provided about $787 billion to stimulate the economy, promote 

 

5

Congress is considering the American Clean Energy and Security Act of 2009, H.R. 2454, 

111th Cong. (2009), which was passed by the House on June 26, 2009. Provisions in the 

proposed bill could affect a number of provisions contained in EISA, including §§ 433, 436, 

and 440 contained in Title IV, Subtitle C, which are within the scope of this audit. See H.R. 

2454, title I, subtitle G, § 161, which contains technical corrections to EISA. Additionally, 

the proposed American Clean Energy Leadership Act of 2009, S. 1462, 111th Cong. (2009) 

would impact a number of provisions of EISA outside the scope of this audit. Prior to 

EISA’s enactment, the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 594, was 

signed into law on August 8, 2005. 

6

Issued in October 2009, Executive Order 13514—Federal Leadership in Environmental, 

Energy, and Economic Performance, directs EPA, in coordination with other federal 

agencies as appropriate, to issue guidance on implementation of EISA Section 438 within 

60 days of the date of the order. 

7

We have selected key high-performance federal building requirements contained in EISA 

Title IV, Subtitle C as part of our audit, as outlined in table 1 of this report. For a detailed 

description of all the requirements contained in Title IV, Subtitle C, see app. II. 

Page 2 GAO-10-22 Federal Energy Management
 

job creation,8 and in some cases, further other policy goals such as 

carrying out EISA high-performance federal building requirements. This 

funding represents the first specific appropriation to carry out these 

requirements—although funding was authorized by EISA to carry out 

several of these requirements,9

 funds were not appropriated.10

Additionally, some Recovery Act funding targeted more generally for 

energy efficiency activities, although not specifically appropriated to car

out EISA high-performance federal building requirements, can 

nevertheless b

ry 

e used for this purpose. 

 

EISA requires us to report to Congress on the implementation of its highperformance federal building requirements by October 31, 2009.11 To 

provide you with information on implementing agencies’ progress in 

carrying out key EISA high-performance federal building requirements, 

this report addresses (1) what the implementing agencies—DOE, GSA, 

OMB, and EPA—are doing to carry out their responsibilities under EISA, 

which direct and assist federal agencies in meeting key EISA highperformance federal building requirements; (2) how implementing 

agencies are planning to use Recovery Act funds to meet key EISA highperformance federal building requirements; and (3) what challenges 

implementing and other agencies may face as they take steps to meet EISA 

high-performance federal building requirements. During the course of our 

review, we also identified energy management practices that can help 

agencies meet EISA high-performance federal building requirements, 

which we discuss in the third section of this report. 

To identify the steps implementing agencies are taking, which direct and 

assist agencies in meeting key EISA high-performance federal building 

requirements, we first reviewed EISA Title IV, Subtitle C—HighPerformance Federal Building requirements. We then identified DOE, 

GSA, OMB, and EPA as implementing agencies because EISA either 

assigns implementation responsibilities to them, such as developing 

8

Pub. L. No. 111-5, 123 Stat. 115. 

9

Pub. L. No. 110-140, § 440, 121 Stat. 1492, 1623 (2007). 

10Despite a lack of specific appropriations to carry out EISA high-performance federal 

building provisions, agencies must still comply with such requirements using annual or 

other appropriations. 

11EISA also required us to report to Congress by October 31, 2008. See GAO, Status of 

GSA’s Implementation of Selected Green Building Provisions of the Energy Independence 

and Security Act of 2007, GAO-09-111R (Washington, D.C.: Oct. 31, 2008). 

Page 3 GAO-10-22 Federal Energy Management
 

regulations or guidance, or they have assumed some such responsibilities. 

To identify those EISA requirements that we designated as key, we met 

with implementing agency officials and stakeholder organizations—

industry and advocacy groups such as the Building Owners and Managers 

Association and the Alliance to Save Energy—and identified which 

provisions contained specific requirements for the implementing agencies 

that were applicable during the time frame covered by our review.12 We 

met with officials from DOE’s Federal Energy Management Program, 

GSA’s Office of Federal High-Performance Green Buildings,13 EPA’s 

ENERGY STAR Program and Office of Water, and OMB’s Energy and GSA 

Branches and reviewed agency-provided documentation, including draft 

and final regulations and guidance, and draft energy and water data. We 

also attended a meeting of the Interagency Sustainability Working Group 

in February 2009 to learn more about the government’s efforts to 

implement EISA high-performance federal building requirements.14

Additionally, we assessed the reliability of the draft energy intensity and 

energy and water management data we reviewed and determined that the 

 

12As previously noted, we have audited specific sections and provisions contained in Title 

IV, Subtitle C of EISA. For an outline of the key requirements identified and contained in 

this report, see table 1. For a more detailed summary of all requirements contained in Title 

IV, Subtitle C, see app. II. 

13According to EISA Section 401, a high-performance green building is a building that, 

during its life cycle, achieves a number of environmental goals. Specifically, compared with 

similar buildings (as measured by Commercial Buildings Energy Consumption Survey or 

Residential Energy Consumption Survey data from the Energy Information Agency), a highperformance green building (1) reduces energy, water, and material resource use; (2) 

improves indoor environmental quality, including reducing indoor pollution, improving 

thermal comfort, and improving lighting and acoustic environments that affect occupant 

health and productivity; (3) reduces negative impacts on the environment throughout the 

life cycle of the building, including air and water pollution and waste generation; (4) 

increases the use of environmentally preferable products, including biobased, recycled 

content, and nontoxic products with lower life cycle impacts; (5) increases reuse and 

recycling opportunities; (6) integrates systems in the building; (7) reduces the 

environmental and energy impacts of transportation through building location and site 

design that support a full range of transportation choices for users of the building; and (8) 

considers indoor and outdoor effects of the building on human health and the environment, 

including: (a) improvements in worker productivity; (b) the life cycle impacts of building 

materials and operations; and (c) other factors that the Federal Director [of the Office of 

Federal High-Performance Green Buildings] or the Commercial Director [of the Office of 

Commercial High-Performance Green Buildings] consider to be appropriate. 

14The Interagency Sustainability Working Group serves as the coordinating body for efforts 

involving the sustainability of the built environment in the federal sector. According to the 

working group, participating agencies include all of the Cabinet departments and a number 

of independent federal agencies and offices. 

Page 4 GAO-10-22 Federal Energy Management
 

data were sufficiently reliable for our purposes.15 To determine how 

implementing agencies are planning to use Recovery Act funds to 

implement key EISA high-performance federal building requirements, we 

reviewed DOE’s, GSA’s, and EPA’s plans to use such funds.16 OMB did not 

receive any Recovery Act funding. To determine what challenges 

implementing and other agencies may face as they take steps to meet EISA 

high-performance federal building requirements, we met with officials 

from the previously identified agencies and from DOD and VA (whose real 

property portfolios together account for 63 percent of federal building 

energy use), as well as stakeholder organizations with expertise in this 

area, and reviewed relevant documentation provided by these sources, 

such as reports on high-performance federal buildings and energy 

conservation measures, and contained in our prior reports. We selected 

these stakeholder organizations because of several factors, including 

agency recommendations and documentation, the organizations’ varied 

areas of expertise, and the organizations’ involvement in developing or 

helping to implement EISA requirements. Appendix I contains a more 

detailed discussion of our objectives, scope, and methodology. 

We conducted this performance audit from December 2008 through 

October 2009 in accordance with generally accepted government auditing 

standards. Those standards require that we plan and perform the audit to 

obtain sufficient, appropriate evidence to provide a reasonable basis for 

our findings and conclusions based on our audit objectives. We believe 

that the evidence obtained provides a reasonable basis for our findings 

and conclusions based on our audit objectives. 

For decades, the federal government has attempted to improve energy 

efficiency and energy and water conservation at federal facilities. 

Recently, several laws, executive orders, and other agreements added new 

energy efficiency and energy and water conservation requirements for 

federal facilities. Specifically, 

Background 

 

15Energy intensity is defined as energy consumption, measured in British thermal units 

(Btu), per gross square foot. 

16While the Recovery Act provides funds to stimulate the economy and create jobs as well 

as, in some cases, further other policy goals, we did not examine how the key 

implementing agencies’ planned use of Recovery Act funds would contribute to meeting 

the Recovery Act’s goals. 

Page 5 GAO-10-22 Federal Energy Management
 

• The Energy Policy Act of 2005 (EPAct 2005) set energy reduction and 

efficiency requirements for federal facilities, among other things.17 For 

example, EPAct 2005 Section 103 Energy Use Measurement and 

Accountability directs that all federal buildings be metered “...for the 

purposes of efficient use of energy and reduction in the cost of electricity 

used in such buildings...” by October 1, 2012. 

• The Federal Leadership in High-Performance and Sustainable Buildings 

Memorandum of Understanding (MOU), signed by a number of federal 

agencies in 2006, established guiding principles and goals to, among other 

things, improve energy efficiency and water conservation in federal 

buildings. 

• Executive Order 13423—Strengthening Federal Environmental, Energy, 

and Transportation Management, issued in January 2007, directs that all 

new construction and major renovations in agency buildings comply with 

the guiding principles established in the 2006 MOU, as described above. 

This executive order further directs that 15 percent of the existing federal 

capital asset building inventory of an agency incorporate sustainable 

practices outlined in the MOU by the end of fiscal year 2015. Additionally, 

the executive order increased energy intensity reduction goals and 

sustainable building measures, such as decreasing water usage, among 

other goals for federal agencies. 

• Executive Order 13514—Federal Leadership in Environmental, Energy, 

and Economic Performance, issued in October 2009, directs agencies to 

establish reduction targets for certain greenhouse gas emissions, among 

other things. Additionally, the executive order directs EPA, in 

coordination with other federal agencies as appropriate, to issue guidance 

on EISA’s requirements for managing storm water runoff. 

Building upon many of these and other previous efforts to enhance 

efficiency in federal facilities, EISA includes a number of highperformance federal building requirements. Appendix II summarizes all of 

EISA’s high-performance federal building requirements contained in Title 

IV, Subtitle C. 

The four agencies that we have designated as implementing agencies play 

prominent roles in helping the federal government carry out energy and 

 

17Pub. L. No. 109-58, 119 Stat. 594. 

Page 6 GAO-10-22 Federal Energy Management
 

water management activities. Brief descriptions of each agency’s roles 

follow. 

• DOE’s Federal Energy Management Program (FEMP) in the Office of 

Energy Efficiency and Renewable Energy promotes energy efficiency and 

the use of renewable energy resources at federal facilities. FEMP works to 

assist federal agencies in meeting the goals for saving energy set forth in 

mandates and executive orders. In addition, FEMP chairs interagency 

working groups that coordinate federal energy efficiency activities, 

including the Interagency Sustainability Working Group. Also, EISA 

requires DOE to establish an Office of Commercial High-Performance 

Green Buildings. 

• GSA is directed by EISA Section 436 to establish an Office of Federal HighPerformance Green Buildings and is tasked with, among other activities, 

coordinating green building activities across the federal government and 

establishing an interagency Federal Green Building Advisory Committee. 

EISA also requires the office to work in coordination with DOE’s Office of 

Commercial High-Performance Green Buildings. Relevant to EISA’s 

leasing requirements, contained in Section 435, GSA also acts as the 

leasing agent for most federal agencies, representing a cross-section of the 

federal government. As the federal agency that leases the most space, GSA 

leases space for a variety of purposes; however, 90 percent of its leasing 

portfolio is exclusively for federal offices.18

• OMB issues semiannual Executive Branch Management Scorecards to 

track agencies’ progress toward achieving various federal goals and 

requirements, including those for energy management. To do so, OMB 

develops standards to measure agencies’ success in meeting certain goals, 

such as progress in meeting federal requirements for reducing energy use. 

These scorecards give a green, yellow, or red score by agency, with green 

indicating success, yellow indicating mixed results, and red indicating 

unsatisfactory results. OMB has also provided guidance to federal agencies 

on using Recovery Act funds for high-performance federal building 

projects. 

• EPA’s ENERGY STAR program, run jointly with DOE, was originally 

designed as a voluntary program to label and promote energy-efficient 

products (such as major appliances, office equipment, lighting, and home 

 

18Some federal agencies, such as DOD and VA, also have their own independent statutory 

authority related to real property, including leasing authority. 

Page 7 GAO-10-22 Federal Energy Management
 

electronics) to reduce greenhouse gas emissions. EPA has extended the 

label to cover commercial and industrial buildings. To support this effort, 

ENERGY STAR provides an online energy management tool, called 

Portfolio Manager, which allows agencies to track and assess energy and 

water consumption across an entire portfolio of buildings. Agencies can 

enter energy consumption and cost data into Portfolio Manager to 

benchmark building energy performance, assess progress toward energy 

management goals over time, and identify opportunities for savings. EPA 

also has expertise relevant to EISA Section 438 storm water runoff 

requirements. Specifically, EPA’s Office of Water helps federal agencies 

develop guidance to assist in their water management activities. 

Implementing agencies—DOE, GSA, OMB, and EPA—are taking steps to 

carry out their responsibilities under Title IV, Subtitle C, and as a result, 

are directing and assisting federal agencies in meeting key EISA highperformance federal building requirements. As the following sections 

summarize, these steps include developing federal regulations and 

guidance, collecting information, reporting on agencies’ progress, and 

assessing federal agencies’ implementation of EISA high-performance 

federal building requirements. DOE, for example, is developing guidance 

for agencies to carry out EISA energy and water management activities 

and regulations to help agencies meet new EISA requirements for reducing 

their use of energy generated from fossil fuels. DOE is also developing 

regulations to assist agencies in identifying a green building certification 

system for federal buildings; however officials noted that EISA does not 

require a certification system to ensure compliance with EISA and these 

systems are not designed to do so. GSA, which acts as the leasing agent for 

most federal agencies, is incorporating into its federal leases EISA 

requirements for leasing buildings with a recent ENERGY STAR label—an 

energy use rating system—and has established an Office of Federal HighPerformance Green Buildings. OMB is incorporating information on 

agencies’ progress in implementing EISA requirements into scorecards it 

uses to rate agencies’ energy and water management. EPA is developing 

guidance to assist agencies in meeting EISA requirements for managing 

storm water runoff. For more detailed information on the implementing 

agencies’ activities, see appendix III. 

DOE, GSA, OMB, and 

EPA Are Taking Steps, 

Which Direct and 

Assist Federal 

Agencies in 

Implementing EISA 

Page 8 GAO-10-22 Federal Energy Management
 

Section 431 of EISA requires agencies to annually reduce their energy 

consumption, measured as energy intensity, in federal buildings, resulting 

in a 30 percent reduction by fiscal year 2015, as compared with the energy 

consumption in the same buildings in fiscal year 2003.19 Since 1978, DOE 

has been collecting and reporting on agencies’ energy consumption 

annually, as required prior to EISA.20

DOE Is Collecting 

Information and 

Developing Regulations 

and Guidance, Which Help 

Federal Agencies Meet 

EISA Requirements 

Under Section 432 of EISA agencies are to, among other activities, 

designate facility energy managers to conduct energy and water 

evaluations for certain federal facilities.21 To facilitate compliance with 

this section, DOE is to issue guidelines for federal agencies to carry out 

this section, develop and deploy a Web-based tracking system, and select

or develop a building energy use benchmarking system.

 out 

 

22 In November 

2008 and May 2009, DOE issued guidance for federal agencies to carry

energy and water management activities, as required by Section 432. This 

guidance addresses how agencies should (1) identify covered facilities, 

(2) designate facility energy managers, (3) conduct initial evaluations, and 

(4) report on their activities to DOE. DOE has begun collecting 

information from federal agencies on their energy and water management 

activities in federal buildings and has also begun developing a Web-based 

19Section 431 of EISA amends section 543(a)(1) of the National Energy Conservation Policy 

Act of 1978 (NECPA), Pub. L. No. 95-619, 92 Stat. 3206, 3277 (1978), codified as amended at 

42 U.S.C. § 8253(a)(1). Sec. 431 of EISA increases federal agency energy intensity goals, 

while also reinforcing existing energy intensity reduction goals outlined in Executive Order 

13423 (2006). Agencies must reduce energy intensity in federal buildings by 3 percentage 

points annually from fiscal year 2008 through fiscal year 2015. 

20According to draft DOE energy data, 19 of 22 federal agencies reporting in fiscal year 2008 

met the EISA energy intensity reduction goal of 9 percent. For a summary of agencies’ 

progress in meeting energy intensity goals for fiscal year 2008, see fig. 1 of this report. 

21Section 432 requires agencies to designate facility energy managers who shall conduct 

comprehensive energy and water evaluations annually for approximately 25 percent of 

covered facilities so that each facility is evaluated at least once every 4 years. Covered 

facilities must cover, at a minimum, those federal facilities that constitute at least 75 

percent of facility energy use at each agency. 

22Section 432 of EISA requires DOE to issue guidelines and necessary criteria for agencies 

to implement the section not later than 180 days after the date of enactment of EISA (June 

19, 2008); develop and deploy a Web-based tracking system for energy and water 

management activities not later than 1 year after enactment of EISA (Dec. 19, 2008); and 

select and develop a building energy use benchmarking system, such as the ENERGY STAR 

Portfolio Manager , and issue related guidance within 1 year of the date of enactment of 

EISA (Dec. 19, 2008). Building energy use benchmarking systems help agencies track and 

assess energy and water consumption in federal buildings by allowing them to compare 

their buildings with similar buildings. 

Page 9 GAO-10-22 Federal Energy Management
 

tracking system for agencies to directly report this information in a central 

repository, as EISA requires. Specifically, DOE collected information from 

agencies on their designated energy managers in January 2009 and on their 

initial energy and water evaluation activities in June 2009, according to 

DOE officials.23 DOE plans to test its Web-based tracking system in 

November 2009, make it available for wider agency use in January 2010, 

and make it publicly available via the Internet in August 2010. Further, as 

required by Section 432, DOE is selecting a preferred building energy use 

benchmarking system for facility energy managers, likely to be EPA’s 

ENERGY STAR Portfolio Manager, and developing guidance for use of this 

system; agency officials provided no expected completion dates for the 

development of this guidance. 

As required by Section 433, DOE is also developing draft regulations which 

direct agencies in meeting new EISA requirements for reducing their 

consumption of energy generated from fossil fuels in new federal buildings 

and those undergoing major renovation.24 DOE officials anticipate that the 

draft regulations will be issued for public comment in early 2010. 

Furthermore, as Section 433 requires, DOE is developing regulations for 

agencies to identify a certification system for federal buildings to, 

according to the law, “encourage a comprehensive and environmentally 

sound approach to certification of green buildings.”25 DOE officials expect 

draft regulations to be issued for public comment in early 2010. DOE 

officials noted that EISA does not require this certification system to 

ensure agencies meet all EISA high-performance federal building 

requirements and these systems are not designed to guarantee EISA 

compliance. Consequently, agencies could meet green building 

 

23According to draft data collected by DOE, 22 out of 23 federal agencies reported to DOE 

in January 2009 identifying their designated energy managers and covered buildings, and 20 

out of 23 federal agencies reported to DOE in June 2009 on their initial energy and water 

evaluations. 

24Section 433 of EISA requires DOE to establish, by rule, revised federal building energy 

efficiency performance standards for new federal buildings and those undergoing major 

renovations not later than 1 year after the date of enactment of EISA (Dec. 19, 2008). 

Section 433 states that buildings shall be designed so that the fossil-fuel-generated energy 

consumption of the buildings is reduced, compared with such energy consumption by a 

similar building in fiscal year 2003. These requirements call for a 55 percent reduction by 

fiscal year 2010 and the elimination of all such energy consumption in federal buildings by 

fiscal year 2030, relative to a fiscal year 2003 baseline. 

25Section 433 of EISA requires DOE to identify a certification system and level for green 

buildings not later than 90 days after the date of enactment of EISA (Mar. 19, 2008). 

Page 10 GAO-10-22 Federal Energy Management
 

certification system requirements without meeting all EISA highperformance federal building requirements. 

GSA Is Preparing for 

Upcoming Leasing 

Requirements and Has 

Established an Office to 

Coordinate HighPerformance Federal 

Building Activities 

Required under EISA 

GSA anticipates incorporating ENERGY STAR leasing requirements 

contained in Section 435 into its federal leases by late October 2009, 

according to GSA officials. Effective in December 2010, Section 435 

prohibits federal agencies from entering into a contract to lease building 

space that, with certain exceptions, has not earned an ENERGY STAR 

label within the most recent year.26 Because GSA acts as the leasing agent 

for most federal agencies, the agency’s action will help enable federal 

agencies using GSA leases to comply with EISA’s leasing requirement, 

according to the Acting Director of GSA’s Office of Federal HighPerformance Green Buildings. 

GSA established the Office of Federal High-Performance Green Buildings 

in March of 2008, as required by Section 436, primarily to promote and 

coordinate high-performance building information and activities 

throughout the federal government.27 According to GSA officials, among 

other activities required by Section 436, GSA’s Office of Federal HighPerformance Green Buildings identified and recommended to DOE a 

certification system for federal buildings in April 2008,28 anticipates 

establishing a senior-level interagency Federal Green Building Advisory 

 

26See app. II for a list of exceptions. Additionally, not later than 3 years after EISA’s 

enactment (Dec. 19, 2010), the Federal Acquisition Regulatory Council must revise the 

Federal Acquisition Regulation, in consultation with GSA’s Office of Federal HighPerformance Green Buildings and DOE’s Office of Commercial High-Performance Green 

Buildings, to comply with these requirements when leasing buildings. 

27We previously reported on GSA’s and the office’s activities in October 2008. See GAO, 

Status of GSA’s Implementation of Selected Green Building Provisions of the Energy 

Independence and Security Act of 2007, GAO-09-111R (Washington, D.C.: Oct. 31, 2008). 

28Section 436 requires the Office of Federal High-Performance Green Buildings to identify 

and provide to DOE the certification system that is most likely to encourage a 

comprehensive and environmentally sound approach to the certification of green buildings 

within 60 days of enactment (Feb. 19, 2008). GSA determined the Leadership in Energy and 

Environmental Design (LEED) Green Building Rating System to be the most appropriate 

system for the federal real property inventory and conveyed this to DOE in April 2008. 

LEED is a third-party certification program and a national benchmark for the design, 

construction, and operation of high-performance green buildings, according to the U.S. 

Green Building Council. 

Page 11 GAO-10-22 Federal Energy Management
 

Committee and holding its first meeting by November 2009,29 and plans to 

issue a report for Congress fully outlining the agency’s activities related to 

the implementation of EISA high-performance federal building 

requirements in December 2009.30 With regard to GSA’s identification of a 

green building certification system for federal agencies, as mentioned 

previously, DOE officials said they anticipate issuing draft regulations for 

agencies in early 2010 to assist agencies in choosing a green building 

certification system. However, as also mentioned previously, EISA does 

not require this certification system to ensure agencies meet all EISA highperformance federal building requirements. The Acting Director of GSA’s 

Office of Federal High-Performance Green Buildings said that GSA 

anticipates issuing additional guidance to supplement DOE’s regulations 

to ensure that agencies will also meet federal energy and water 

requirements, including EISA high-performance federal building 

requirements. He added that a certification system’s value is its 

independent, third-party review and verification process.31

As required by Section 439,32 GSA established a program to accelerate the 

use of more cost-effective technologies in GSA facilities in May 2009, 

according to the Acting Director of GSA’s Office of Federal HighPerformance Green Buildings. This program includes identifying costeffective lighting technologies for use in GSA buildings, as well as 

 

29Section 436 of EISA requires GSA’s Office of Federal High-Performance Green Buildings 

to establish a senior-level Federal Green Building Advisory Committee, which is to, among 

other things, provide advice and recommendations on current budget and contracting 

practices and identify tools to aid life cycle cost decision making. EISA requires GSA to 

ensure coordination with nine relevant agencies and offices including EPA; the Office of 

the Federal Environmental Executive; the Office of Federal Procurement Policy; the 

Departments of Energy, Health and Human Services, Defense, and Transportation; the 

National Institute of Standards and Technology; and the Office of Science and Technology. 

30Section 436 requires the Office of Federal High-Performance Green Buildings to report to 

Congress on compliance issues and other federal green building initiatives within 2 years of 

EISA’s enactment (Dec. 19, 2009) and biennially thereafter. 

31In commenting on a draft of this report, GSA further stated that it requires its contractors 

to meet the LEED Silver level as well as other requirements, including fossil fuel reduction, 

water conservation, and energy requirements. 

32Section 439 requires GSA to review the current use and availability of cost-effective 

lighting technologies and geothermal heat pumps in GSA facilities as part of a program to 

accelerate the use of more cost-effective technologies and practices at GSA facilities within 

90 days of EISA’s enactment (Mar. 19, 2008). 

Page 12 GAO-10-22 Federal Energy Management
 

opportunities to use geothermal heat pump technology.33 For example, 

GSA is working with DOE’s Oak Ridge National Laboratory to assist in the 

development, management, and performance of a geothermal technology 

acceleration program. 

OMB Is Collecting 

Information and Assessing 

Agencies’ Progress in 

Meeting Energy Efficiency 

Goals 

As previously outlined, Section 431 requires agencies to reduce energy 

consumption (measured as energy intensity) in their federal buildings. 

OMB officials said they continue to collect and incorporate energy 

intensity information into agencies’ energy management scorecards, as 

they have done since the scorecard’s inception in January 2006. OMB uses 

these scorecards to assess federal agencies’ status and progress in meeting 

federal energy management goals.34 Additionally, since January 2009, OMB 

officials said they have been analyzing and incorporating information on 

energy and water management activities into the scorecard’s progress 

milestone semiannually, as required by Section 432.35 As required by 

Section 434, OMB has also reported collecting information on agencies’ 

processes for reviewing decisions on large capital energy investments, 

 

33Geothermal heat pumps, also known as ground-source heat pumps, can be used to heat, 

cool and, if so equipped, supply a facility with hot water by using the constant temperature 

of the earth as the exchange medium instead of the outside air temperature. Relative to airsource heat pumps, geothermal heat pumps are highly efficient, last longer, and need less 

maintenance. 

3442 U.S.C. § 8253(f)(9) requires OMB to incorporate this information into its scorecards. In 

the status milestone for energy in OMB’s July 2009 Management Scorecard, 11 agencies 

received a green light, 4 agencies received a yellow light, and 7 agencies received a red 

light. 

35Section 432 requires OMB to issue semiannual scorecards to Congress, other federal 

agencies, and the public for energy management activities carried out by federal agencies 

under this provision. OMB incorporated information on agencies’ identification of covered 

facilities and designation of energy managers in the progress milestone of energy 

management scorecards it issued in January 2009, and information on initial energy and 

water evaluation activities in the progress milestone in the scorecard it issued in July 2009. 

In the progress milestone for energy in OMB’s January 2009 Management Scorecard, 21 

agencies received a green light and 1 agency received a yellow light. In the progress 

milestone for energy in OMB’s July 2009 Management Scorecard, 18 agencies received a 

green light, 3 agencies received a yellow light, and 1 agency received a red light. 

Page 13 GAO-10-22 Federal Energy Management
 

such as heating and cooling systems.36 OMB provided a report on agencies’ 

progress to Congress in July 2009, as Section 434 also requires.37

EPA Is Working with DOE 

on Selecting an Energy 

Use Benchmarking System 

and Is Developing Storm 

Water Runoff Guidance 

EPA is coordinating with DOE to develop EPA’s ENERGY STAR Portfolio 

Manager as the preferred building energy use benchmarking system per 

Section 432, which requires DOE to select or develop a building energy use 

benchmarking system, according to EPA officials. EPA is also developing 

guidance to assist federal agencies in meeting EISA’s storm water runoff 

requirements contained in Section 438.38 Although not designated in EISA 

to develop guidance to control storm water runoff, EPA issued draft 

technical storm water runoff guidance for agency comment in February 

2009, at the request of the Interagency Sustainability Working Group 

because of EPA’s expertise in water management. Issued in October 2009, 

Executive Order 13514—Federal Leadership in Environmental, Energy, 

and Economic Performance directs EPA, in coordination with other 

federal agencies as appropriate, to issue guidance on implementation of 

Section 438 within 60 days of the date of the order. EPA officials said that 

the agency expects to issue guidance by the order’s December 2009 

deadline. 

 

36Section 434 of EISA requires federal agencies to ensure that any large capital energy 

investment in an existing building that is not a major renovation but involves the 

replacement of installed equipment (such as heating and cooling systems), or the 

renovation, rehabilitation, expansion, or remodeling of existing space, employs the most 

energy efficient designs, systems, equipment, and controls that are life cycle cost effective. 

Not later than 180 days after the date of enactment of EISA (June 19, 2008), federal 

agencies must develop a process for reviewing these decisions and report to OMB on the 

process established. 

37OMB is required to submit a report to Congress on agencies’ compliance within 1 year of 

EISA’s enactment (Dec. 19, 2008). According to OMB, of the 22 agencies that OMB tracks 

as part of its energy management scorecard, all 22 agencies reported that they have 

incorporated language on EISA Section 434 compliance into existing agency guidance 

documents. In addition, OMB reports including language in its recent guidance to federal 

agencies on implementation of the Recovery Act to require that all federal infrastructure 

investments using Recovery Act funds meet the requirements of Section 434. 

38Section 438 applies to sponsors of federal facility development or redevelopment projects 

with a footprint of more than 5,000 square feet. For particular project sponsors, use of site 

planning, design, construction, and maintenance strategies to maintain or restore the 

predevelopment hydrology of properties, to the maximum extent technically feasible, is 

required. 

Page 14 GAO-10-22 Federal Energy Management
 

DOE, GSA, OMB, and EPA 

Are Developing 

Regulations and Guidance, 

Collecting Relevant 

Information, and Assessing 

Federal Agencies’ 

Implementation of EISA 

Table 1 summarizes the steps these four implementing agencies are taking, 

which direct and assist federal agencies in implementing key EISA highperformance federal building requirements. For more detailed information 

on implementing agencies’ activities, see appendix III. 

Table 1: Status of Agencies’ Implementation of Key EISA Requirements Contained in Title IV, Subtitle C—High-Performance 

Federal Buildings, as of October 2009 

EISA sectiona

Implementing 

agency Key EISA requirement Status of implementation 

Section 431 –

Energy Reduction 

Goals for Federal 

Buildings 

DOE Agenciesb must reduce energy intensity in 

federal buildings by 3 percentage points 

annually from fiscal year 2008 through 

fiscal year 2015.c

 

DOE is collecting and reporting data 

annually on reductions in energy intensity in 

federal buildings.d

OMB Not specifically required by EISA. OMB is incorporating agencies’ progress in 

meeting energy intensity goals into 

semiannual agency scorecards, as required 

prior to EISA.e

Page 15 GAO-10-22 Federal Energy Management
 

EISA sectiona

Implementing 

agency Key EISA requirement Status of implementation 

Section 432 –

Management of 

Energy and Water 

Efficiency in Federal 

Buildings 

DOE Issue guidelines and necessary criteria for 

agencies to implement requirements for 

facility energy managers and energy and 

water evaluations within 180 days of EISA’s 

enactment (June 19, 2008). 

Agenciesf

 must designate facility energy 

managers who shall conduct 

comprehensive energy and water 

evaluations annually for approximately 25 

percent of covered facilities so that each 

facility is evaluated at least once every 4 

years. Covered facilities must cover, at a 

minimum, those federal facilities that 

constitute at least 75 percent of facility 

energy use at each agency. 

Develop and deploy a publicly available 

Web-based tracking system for energy and 

water management activities within 1 year 

of enactment (Dec. 19, 2008). 

Select or develop a building energy use 

benchmarking system, such as the 

ENERGY STAR Portfolio Manager, within 1 

year of enactment (Dec. 19, 2008).h

DOE issued guidance in November 2008 

and May 2009 for federal agencies to 

implement initial energy and water 

management requirements. The guidance 

addresses how agencies should (1) identify 

covered facilities, (2) designate facility 

energy managers, (3) conduct initial 

evaluations, and (4) report on their 

activities. 

DOE collected information from agencies 

on their covered facilities and designated 

energy managers in January 2009 and on 

their initial energy and water evaluation 

activities in June 2009.g 

DOE has begun to develop a Web-based 

tracking system, which it plans to test in 

November 2009, make available for agency 

use in January 2010, and make publicly 

available via the Internet in August 2010. 

DOE is selecting a preferred building 

energy use benchmarking system for facility 

energy managers, likely to be EPA’s 

ENERGY STAR Portfolio Manager, and 

developing guidance for use of this system; 

agency officials provided no expected 

completion dates for these activities. 

EPA Not specifically required by EISA. EPA is coordinating with DOE on using 

EPA’s ENERGY STAR Portfolio Manager 

as the preferred building energy use 

benchmarking system, according to EPA. 

OMB Issue semiannual scorecards to Congress, 

other federal agencies, and the public for 

energy management activities carried out 

by federal agencies under this provision. 

OMB has incorporated information on 

agencies’ identification of covered facilities 

and designation of energy managers in the 

progress milestone of its energy 

management scorecard issued January 

2009, and initial energy and water 

evaluation activities into its scorecard 

issued July 2009.i

Page 16 GAO-10-22 Federal Energy Management
 

EISA sectiona

Implementing 

agency Key EISA requirement Status of implementation 

Section 433 – 

Federal Building 

Energy Efficiency 

Performance 

Standards 

DOE Issue revised federal building energy 

efficiency performance standards, which 

require reduction of fossil fuel-generated 

energy consumption in new federal 

buildings and those undergoing major 

renovations within 1 year of EISA’s 

enactment (Dec. 19, 2008).j

Identify a certification system and level for 

green buildings, in consultation with GSA 

and DOD, within 90 days of enactment 

(Mar. 19, 2008). 

DOE expects to issue draft regulations for 

public comment in early 2010. 

DOE is developing regulations to provide 

agencies with criteria for identifying a 

certification system; agency officials expect 

draft regulations to be issued for public 

comment in early 2010. 

Section 434 – 

Management of 

Federal Building 

Efficiency 

OMB Agenciesk must report to OMB on the 

process they have established to ensure 

that large capital energy investments are 

life cycle cost effective.l

 OMB is required to 

report to Congress on agencies’ 

compliance within 1 year of EISA’s 

enactment (Dec. 19, 2008). 

Agencies have reported this information, 

according to OMB. OMB provided this 

report to Congress in July 2009. 

Section 435 – 

Leasing 

GSA Limits agencies from entering into contracts 

to lease building space only in buildings 

that have earned an ENERGY STAR label 

within the most recent year, with certain 

exceptions, effective 3 years after EISA’s 

enactment (Dec. 19, 2010).m

GSA expects to incorporate provisions into 

its leases by late October 2009. 

Section 436 – HighPerformance Green 

Federal Buildings 

GSA Establish an Office of Federal HighPerformance Green Buildings within 60 

days of EISA’s enactment (Feb. 19, 2008) 

to coordinate green building information 

and activities across the federal 

government, among other activities. 

Establish a senior-level Federal Green 

Building Advisory Committee. 

Identify and provide to DOE the certification 

system that is most likely to encourage a 

comprehensive and environmentally sound 

approach to the certification of green 

buildings within 60 days of enactment (Feb. 

19, 2008). 

Report to Congress on compliance issues 

and other federal green building initiatives 

within 2 years of EISA’s enactment (Dec. 

19, 2009) and biennially thereafter. 

GSA established the Office of Federal HighPerformance Green Buildings and 

appointed an Acting Director in March 2008 

and is coordinating with other agencies 

primarily through the Interagency 

Sustainability Working Group. 

GSA is forming an interagency Federal 

Green Building Advisory Committee with a 

first meeting anticipated for November 

2009. 

GSA determined the Leadership in Energy 

and Environmental Design (LEED) Green 

Building Rating Systemn

 to be the most 

appropriate system for the federal real 

property inventory and conveyed this 

determination to DOE in April 2008. 

GSA is developing a report for Congress 

fully outlining the agency’s activities related 

to implementation of Title IV, Subtitle C, 

which officials expect will be issued by Dec. 

19, 2009. 

Page 17 GAO-10-22 Federal Energy Management
 

EISA sectiona

Implementing 

agency Key EISA requirement Status of implementation 

Section 438 – 

Storm Water Runoff 

Requirements for 

Federal 

Development 

Projects 

EPAo

 For particular project sponsors, use site 

planning, design, construction, and 

maintenance strategies to maintain or 

restore the predevelopment hydrology of 

properties, to the maximum extent 

technically feasible.p

 EISA does not identify 

an oversight agency to issue regulations or 

guidance. 

EPA issued draft technical guidance for 

agency comment in February 2009. EPA 

expects this guidance to be made final in 

December 2009. 

Section 439 – CostEffective 

Technology 

Acceleration 

Program 

GSA Review the current use and availability of 

cost-effective lighting technologies and 

geothermal heat pumps in GSA facilities as 

part of a program to accelerate the use of 

more cost-effective technologies and 

practices at GSA facilities within 90 days of 

EISA’s enactment (Mar. 19, 2008). 

GSA established a program to accelerate 

the use of more cost-effective technologies 

and practices at GSA facilities in May 2009. 

For example, GSA is working with DOE’s 

Oak Ridge National Laboratory to assist in 

the development, management, and 

performance of a geothermal technology 

acceleration program.q

Source: GAO analysis of EISA Title IV, Subtitle C, comments by agency officials, and agency documents. 

Notes: 

See app. II for a summary of all requirements contained in Title IV, Subtitle C. 

This table summarizes actions taken to address key EISA high-performance federal building 

requirements. For the purposes of this audit, we did not address all requirements contained in all 

sections of Title IV, Subtitle C. 

Most activities outlined in this table are specifically designed to meet EISA requirements. In some 

cases, activities are not required by EISA, but help to provide the means used to assess EISA 

implementation, help other federal agencies implement EISA requirements, or both. 

a

This table does not include Sections 437, 440, and 441. Section 437 directs us to audit the 

implementation of EISA Title IV, Subtitle C, High-Performance Federal Buildings and report to 

Congress by October 31, 2008, and October 31, 2009. Section 440 authorizes appropriations to carry 

out EISA’s high-performance federal building requirements. Section 441 amends a prior law to 

provide a technical change on public building life cycle costs. 

b

For purposes of this section, agency includes executive agencies as defined in 5 U.S.C. § 105 and 

each entity specified in subparagraphs (B) through (I) of subsection (I) of 5 U.S.C. § 5721. See 42 

U.S.C. § 8241. 

c

Energy intensity is defined as energy consumption, measured in British thermal units (Btu), per gross 

square foot. Annual goals are measured against a fiscal year 2003 baseline. 

d

According to draft DOE energy data, 19 of 22 federal agencies reporting in fiscal year 2008 met the 

EISA energy intensity reduction goal of 9 percent. For a summary of agencies’ progress in meeting 

energy intensity goals for fiscal year 2008, see fig. 1 of this report. 

e

42 U.S.C. § 8253(f)(9) requires OMB to incorporate this information into its scorecards. OMB has 

been incorporating energy intensity information into its scorecards since their inception in January 

2006, according to OMB officials. In the status milestone for energy in OMB’s July 2009 Management 

Scorecard, 11 agencies received a green light, 4 agencies received a yellow light, and 7 agencies 

received a red light. 

f

For purposes of this section, agency has the same meaning as that in Section 431. 

g

According to draft data collected by DOE, 22 out of 23 federal agencies reported to DOE in January 

2009 identifying their designated energy managers and covered buildings, and 20 out of 23 federal 

agencies reported to DOE in June 2009 on their initial energy and water evaluations. 

h

ENERGY STAR Portfolio Manager is administered by EPA and is an interactive energy management 

tool that allows agencies to track and assess energy and water consumption across a portfolio of 

buildings through a secure online Web site. 

Page 18 GAO-10-22 Federal Energy Management
 

i

In the progress milestone for energy in OMB’s January 2009 Management Scorecard, 21 agencies 

received a green light and 1 agency received a yellow light. In the progress milestone for energy in 

OMB’s July 2009 Management Scorecard, 18 agencies received a green light, 3 agencies received a 

yellow light, and 1 agency received a red light. 

j

For these buildings, the reduction must be 55 percent by 2010 (relative to the fiscal year 2003 level), 

and continue to be reduced each year before finally being reduced by 100 percent by 2030. 

k

For purposes of this section, agency has the same meaning given in Sections 431 and 432. 

l

Large capital energy investments include major replacements of heating and cooling systems, or 

projects to expand existing space, employ energy-efficient designs, systems, equipment, and 

controls. Life cycle cost effective means that the estimated savings from an investment exceed its 

costs over its lifetime. According to OMB, of the 22 agencies that OMB tracks as part of its energy 

management scorecard, all 22 agencies reported that they have incorporated language on EISA 

Section 434 compliance into existing agency guidance documents 

m

Not later than 3 years after EISA’s enactment (Dec. 19, 2010), the Federal Acquisition Regulatory 

Council must revise the Federal Acquisition Regulation, in consultation with GSA’s Office of Federal 

High-Performance Green Buildings and DOE’s Office of Commercial High-Performance Green 

Buildings, to carry out the requirements. 

n

LEED is a third-party certification program and a national benchmark for the design, construction, 

and operation of high-performance green buildings, according to the U.S. Green Building Council. 

o

Although EISA does not designate an implementing agency for Section 438, Executive Order 

13514—Federal Leadership in Environmental, Energy, and Economic Performance, issued in 

October 2009, directs EPA, in coordination with other federal agencies as appropriate, to issue 

guidance on implementation of Section 438 within 60 days of the date of the order. 

p

Applies to sponsors of federal facility development or redevelopment projects with a footprint of more 

than 5,000 square feet. Section 438 does not define the term predevelopment hydrology. 

q

Geothermal heat pumps can be used to heat, cool and, if so equipped, supply a facility with hot water 

by using the constant temperature of the earth as the exchange medium instead of the outside air 

temperature. Relative to air-source heat pumps, geothermal heat pumps are highly efficient, last 

longer, need little maintenance, and do not depend on the temperature of the outside air. 

Two implementing agencies—GSA and DOE—have plans to address key 

EISA high-performance federal building requirements with Recovery Act 

funds. Specifically, GSA plans to use about $4 million in Recovery Act 

funding specifically appropriated to fund its Office of Federal HighPerformance Green Buildings.39 In addition, GSA received a far larger 

amount—$4.5 billion—in Recovery Act funding to convert some GSA 

facilities to high-performance green buildings and has developed a specific 

list of projects for this funding. These funding amounts were specifically 

appropriated for these purposes. DOE also received Recovery Act funding 

that, although not specifically appropriated for meeting key EISA highperformance federal building requirements, is available for more general 

energy efficiency activities. DOE officials said DOE plans to use some of 

this funding—at least $73 million—to help meet EISA high-performance 

federal building requirements, such as collecting and managing energy use 

GSA and DOE Have 

Plans Under Way to 

Use Recovery Act 

Funds to Help Meet 

Key EISA HighPerformance Federal 

Building 

Requirements 

 

39Pub. L. No. 111-5, title IV, 123 Stat. 149 (2009). 

Page 19 GAO-10-22 Federal Energy Management
 

data.40 OMB received no Recovery Act funds. While EPA did receive 

Recovery Act funds, the funds were directed for purposes other than 

implementing EISA high-performance federal building requirements.41

GSA Plans to Use 

Recovery Act Funds to 

Operate Its Office of 

Federal High-Performance 

Green Buildings and 

Implement Identified 

Energy Efficiency Projects 

The Recovery Act appropriated $4 million for GSA’s Office of Federal 

High-Performance Green Buildings. Although EISA authorized funding for 

this office, these funds were never appropriated. GSA nevertheless 

established this office in March 2008, using funds from the agency’s annual 

appropriations act. According to the Acting Director of GSA’s Office of 

Federal High-Performance Green Buildings, prior to the infusion of 

Recovery Act funds, the office was staffed by an Acting Director and other 

nondedicated staff who were pulled in to conduct the office’s activities as 

necessary. The GSA Recovery Act plan for this office explains that the 

Recovery Act funds are to provide for salaries and expenses for the office, 

including resources for nine full-time-equivalent positions,42 travel, 

training, supplies, and other support costs. 

In addition, GSA received a far larger amount—$4.5 billion—in Recovery 

Act funding to convert some GSA facilities to high-performance green 

buildings and has developed a specific list of projects for this funding.43

 

40Other agencies with significant real property holdings, such as DOD and VA, have 

received Recovery Act funding that is available to help them meet EISA high-performance 

federal building requirements. For example, the Recovery Act provides various service 

branches of DOD with a total of $3.84 billion targeted for improving, repairing, and 

modernizing DOD facilities; restoring and modernizing real property (including barracks); 

and investing in energy efficiency improvements for DOD facilities. In addition, the 

Recovery Act provides VA with $1 billion for nonrecurring maintenance, including energy 

projects, for its medical facilities. 

41Even if agencies do not receive specific appropriations to carry out EISA highperformance federal building requirements, they must still comply with the requirements 

using annual or other appropriations. 

42A full-time equivalent position generally consists of one or more employed individuals 

who collectively complete 2,080 work hours in a given year. Therefore, either one full-time 

employee or two half-time employees equal one full-time equivalent. 

43This amount includes $127 million for building operations and the administrative costs of 

completing these projects; $108 million for space rental in connection with these projects; 

and $3 million for on-the-job training programs registered with the Department of Labor for 

the construction, repair, and alteration of federal buildings. The Recovery Act also provides 

$750 million for federal buildings and U.S. courthouses and $300 million for border stations 

and land ports of entry, and GSA has similarly identified specific projects for this funding. 

GSA’s Recovery Act spending plan states that these projects will meet EISA highperformance federal building requirements. 

Page 20 GAO-10-22 Federal Energy Management
 

GSA has developed a plan that identifies specific energy efficiency 

projects for this funding. These projects will help GSA and other agencies 

meet EISA high-performance federal building requirements.44 To select 

these projects, GSA considered two criteria: their potential for job 

creation (a key Recovery Act goal) and for transforming federal buildings 

into high-performance green buildings.45 According to the Acting Director 

of GSA’s Office of Federal High-Performance Green Buildings, Congress 

expects GSA to revise project designs that predated EISA to ensure they 

meet EISA high-performance federal building requirements. Accordingly, 

GSA is revising existing designs to improve their design performance. 

ederal Energy Management

DOE plans to use at least $73 million in Recovery Act funds to help 

implement EISA high-performance federal building requirements, 

according to DOE officials. DOE plans to use this funding to collect and 

manage energy data, provide technical assistance, and for research, as 

detailed below. 

• Implementing a Web-based tracking system. DOE plans to use $1.4 

million to implement the Web-based tracking system required by EISA 

Section 432. This system will collect agency-provided data on energy and 

water management activities in federal buildings. DOE officials said that, 

without the funding provided in the Recovery Act, DOE would not have 

had the resources to develop the required Web-based tracking system this 

year, since no other specific appropriations were made. 

DOE Plans to Use at Least 

$73 Million in Recovery 

Act Funds for Data 

Collection and 

Management, Technical 

Assistance, and Research 

• Transferring energy intensity data. DOE plans to use $1.1 million to 

transfer energy intensity data from a legacy system the agency has used to 

collect this information since 1978 to a new system it plans to acquire. 

Moreover, the new system will link with EPA’s ENERGY STAR Portfolio 

Manager to streamline data collection for the agencies that use Portfolio 

Manager, according to DOE. Linking Portfolio Manager to the new system 

is important because, according to DOE officials, DOE is likely to identify 

 

44Although GSA will be responsible for these energy efficiency projects, other federal 

agencies that lease facilities from GSA will benefit from the reduction in energy 

consumption and will therefore be in a better position to meet EISA requirements. 

45These projects are outside the scope of this report; however, we are currently reviewing 

GSA’s planned use of the Recovery Act funding to convert GSA facilities to highperformance green buildings and will issue a separate report on our results. 

Page 21 GAO-10-22 F
 

Portfolio Manager as the preferred benchmarking system under EISA 

Section 432 for agencies to track energy and water use.46

• Providing technical assistance. DOE will spend $20.5 million to provide 

technical assistance to federal agencies through its national laboratories, 

in part to help agencies meet EISA high-performance federal building 

requirements. As part of this effort, in March 2009, DOE’s FEMP notified 

federal agencies that FEMP plans to expand support to agencies and 

provide funding to laboratories to assist agencies in making management 

decisions on investments in energy efficiency and the deployment of 

renewable energy sources. Citing the challenges and opportunities posed 

by the Recovery Act and EISA, FEMP highlighted the capabilities and 

expertise at 10 national laboratories and contractors and offered its 

assistance in working with the labs. Finally, FEMP provided details on the 

national laboratories’ specialty areas. For example, among many other 

specialty areas, DOE’s Argonne National Laboratory in Chicago, Illinois, 

specializes in strategic energy planning and analysis, and the Lawrence 

Berkeley National Laboratory in Berkeley, California, specializes in 

renewable energy procurement and lighting technologies. 

• Conducting building energy efficiency research. DOE plans to award up 

to $50 million to one or more of its national laboratories for research 

associated with improving building energy efficiency. Specifically, on June 

29, 2009, DOE called for project nominations from its laboratories to either 

construct or alter an existing building to conduct research on building 

system design, integration, and control to achieve the ultimate goal of 

more energy efficient buildings. 

OMB and EPA Did Not 

Receive Recovery Act 

Funds for Implementing 

EISA High-Performance 

Federal Building 

Requirements 

OMB received no Recovery Act funds. While EPA did receive Recovery 

Act funds, the funds were directed for purposes other than implementing 

EISA high-performance federal building requirements. EPA and OMB have 

been using annual appropriations to carry out activities to implement key 

EISA high-performance federal building requirements. 

 

46According to an EPA official, as of February 2009, Portfolio Manager contained data on 

11.5 billion square feet of office space and 83,000 separate offices. 

Page 22 GAO-10-22 Federal Energy Management
 

In the future, agencies will likely face challenges meeting requirements for 

(1) reducing energy intensity, (2) decreasing and eventually eliminating 

the use of energy generated from fossil fuels, (3) conducting new federal 

energy and water management activities, and (4) meeting ENERGY STAR 

leasing requirements. In addition, long-term funding and capital budgeting 

issues, specifically the requirements for recognizing capital costs up front 

in the federal budget, will continue to pose overarching challenges to 

agencies’ ability to meet all of EISA’s high-performance federal building 

requirements. Effective energy management practices, such as ensuring 

accurate data are collected or monitored, can help agencies address some 

of these challenges. 

Agencies Will Likely 

Face Challenges 

Meeting EISA Energy 

Reduction and Energy 

and Water 

Management 

Requirements 

Meeting More Stringent 

Requirements for 

Reducing Energy Intensity 

without Credits for 

Renewable Energy and 

Other Factors May Pose 

Challenges 

As federal agencies make progress in meeting EISA requirements, some 

agencies will likely face challenges achieving more stringent energy 

intensity reduction goals, as set forth in Section 431, particularly as the use 

of credits for renewable energy purchases, which currently can be used 

for meeting EISA’s energy intensity goals, is phased out by 2012, pursuant 

to DOE guidance.47 These requirements are shown in table 2. 

Table 2: Energy Intensity Reduction Goals for Federal Buildings in EISA Title IV, 

Subtitle C, Section 431 

Fiscal year Percentage reduction goal from baseline fiscal year 2003

2008 9

2009 12

2010 15

2011 18

2012 21

2013 24

 

47Agencies can receive credit toward meeting energy intensity goals through the purchase 

of renewable energy or renewable energy certificates. Under current DOE guidance, buyers 

of renewable energy and renewable energy certificates can claim the credit for the 

renewable energy and use it to offset a percentage of their annual electricity consumption. 

According to DOE, the amendments to NECPA made by EPAct 2005 and EISA are silent on 

whether purchases of renewable energy can be used to achieve energy intensity reduction 

goals. Under Executive Order 13123, 64 Fed. Reg. 30851 (June 8, 1999), which was revoked 

by Executive Order 13423, 72 Fed. Reg. 3919 (Jan. 26, 2007), agencies were permitted to 

credit renewable energy purchases toward meeting energy intensity goals. In fiscal year 

2008, these credits began to be phased out for this purpose, per DOE’s Renewable Energy 

Requirement Guidance for EPAct 2005 and Executive Order 13423. 

Page 23 GAO-10-22 Federal Energy Management
 

Fiscal year Percentage reduction goal from baseline fiscal year 2003

2014 27

2015 30

Source: EISA Section 431. 

Note: Energy intensity is defined as energy consumption, measured in British thermal units (Btu) per 

gross square foot. 

According to draft DOE data, 19 of 22 federal agencies met EISA’s fiscal 

year 2008 requirement for reducing energy intensity by 9 percent. 

However, without the use of credits for renewable energy purchases, 6 

fewer agencies would have met the requirement. Furthermore, with the 

use of credits, the federal government as a whole decreased its building 

energy use by 12.4 percent in fiscal year 2008, but without the use of 

credits, the total decrease was 9.4 percent, or 0.4 percent beyond the goal. 

Figure 1 shows the fiscal year 2008 reduction in energy intensity for these 

22 agencies. 

Page 24 GAO-10-22 Federal Energy Management
 

Figure 1: Agencies’ Reductions in Energy Intensity, Including Partial Credits for Purchases of Renewable Energy and 

Renewable Energy Certificates, Fiscal Year 2008 

-5 0 5 10 15 20 25 30

Agency 2008 Goal: 9 percent reduction

Percent reduction in Btu per gross square foot, fiscal years 2003-2008

Percent reduction in energy intensity (Btu per gross square foot)

Reduction attributable to credits for purchases of renewable energy and renewable energy certificates

Percent increase in energy intensity (Btu per gross square foot)

5.0

-3.3

6.7

9.4

10.7

11.2

11.4

12.2

12.4

13.1

15.6

14.0

15.3

17.2

19.9

1.2

21.7

21.9

22.6

22.7

27.6

24.4

13.1

Source: DOE draft data.

Transportation

Railroad Retirement Board

Social Security Administration

Tennessee Valley Authority 

DOD

Housing and Urban Development

VA

GSA

Total reporting agencies

National Aeronautics and Space Administration

Homeland Security 

Treasury

DOE

State

Postal Service

Commerce

Labor

Agriculture

Interior

Health and Human Services

Justice

EPA

National Archives

According to DOE officials, some agencies will have difficulty meeting 

future requirements without the use of credits for renewable energy 

purchases. For example, as figure 1 shows, neither GSA, DOD, nor VA 

would have met the fiscal year 2008 energy intensity requirements without 

the use of credits. Combined, these three agencies represent 

approximately 70 percent of the federal government’s total building energy 

use. VA officials told us their agency was preparing to meet EISA energy 

intensity goals without credits but that the credits’ phase-out would create 

Page 25 GAO-10-22 Federal Energy Management
 

challenges for the agency over the next 2 to 3 years. Furthermore, the

Acting Director of GSA’s Office of Federal High-Performance Green 

Buildings said that without the availability of Recovery Act funds, it woul

be very difficult for GSA to meet energy intensity requirements over the 

next 2 years 

d 

as the use of credits for the purchase of renewable energy is 

phased out. 

, 

e, a 

er 

l 

nd 

ic 

er 

yees 

tensity is likely to increase, conflicting with EISA 

energy intensity goals. 

 

Along with the phase-out of credits for renewable energy purchases

agency officials identified other challenges that are likely to affect 

agencies’ ability to meet EISA energy intensity requirements. DOE, EPA,

and VA officials cited increases in agency workloads or facility use as a 

challenge to meeting EISA energy intensity requirements. For exampl

senior EPA official responsible for the agency’s energy planning and

facility management said that increases in EPA’s workload due to a 

planned expansion of climate change research in EPA’s laboratories, 

which use a large amount of energy, would likely lead to higher energy 

demands in the future. VA officials observed that increases in the numb

of patients or in the level of care provided at an individual VA hospita

facility could increase the facility’s operating hours, energy use, a

energy intensity even if the facility’s space was being used more 

efficiently. Furthermore, VA officials attributed much of VA hospitals’ 

energy use to equipment with high energy demands, such as Magnet

Resonance Imaging machines.48 Finally, agency officials noted that 

increases in building and facility use present challenges in meeting EISA

energy intensity requirements. Specifically, agency officials noted that 

energy intensity, which is annually measured as energy consumption p

gross square foot, may not always provide the best metric to measure 

agencies’ energy efficiency and conservation progress. For example, DOE 

and GSA officials said that if an agency increases the number of emplo

working in a single facility, such as through staff consolidation, total 

energy consumption may decrease and the space may be used more 

efficiently, but energy in

48Although DOD, EPA, and VA officials acknowledged that agencies are permitted to 

exempt certain high energy intensity buildings from this requirement, they said their 

agencies would try to meet these goals and, to date, have avoided using exemptions. 42 

U.S.C. § 8253(2) allows agencies to exempt buildings, and the associated energy 

consumption and gross square footage, in which energy intensive activities are carried out. 

According to draft DOE data for fiscal year 2008, neither EPA nor VA exempted any of their 

facilities. DOD exempted facilities equaling roughly 5 percent of its total facility energy use. 

Page 26 GAO-10-22 Federal Energy Management
 

Finally, agency officials and stakeholder organizations said it can be 

challenging to upgrade older, particularly historic, federal buildings because 

these buildings are more difficult and expensive to upgrade and plans for 

their renovation may conflict with historic preservation rules. Officials from 

EPA and the National Institute of Building Sciences (NIBS) stated that many 

of the easy, cost-effective energy savings techniques have already been 

implemented in existing federal buildings and that in the future it will be 

more difficult and expensive to achieve additional energy savings. Historic 

federal buildings may be particularly difficult to upgrade, in part because of 

historic building preservation rules that, according to VA officials, can 

greatly limit the available energy efficiency renovation options. They noted, 

for example, that state historic preservation officials have denied requests 

to install new, more energy efficient windows in historic buildings. 

Agencies Will Likely Face 

Challenges in Meeting 

EISA Requirements for 

Reducing Their Use of 

Energy Generated from 

Fossil Fuels 

Beginning in 2010, Section 433 of EISA requires agencies to substantially 

decrease and eventually eliminate their consumption of energy generated 

from fossil fuels in new federal buildings and those undergoing major 

renovations by fiscal year 2030. Table 3 shows the required reductions.49

Table 3: Fossil Fuel Generated Energy Use Reduction Requirements in EISA Title 

IV, Subtitle C, Section 433 for New Buildings and Those Undergoing Major 

Renovations 

Fiscal year Percentage reduction required from baseline year 2003

2010 55

2015 65

2020 80

2025 90

2030 100

Source: EISA Section 433. 

Note: The baseline will be determined by DOE regulations and may be calculated based on the 

Commercial Buildings Energy Consumption Survey. 

Because this requirement has not yet gone into effect and, at the time of 

our review, DOE had not issued the final regulations for achieving 

reductions in energy generated from fossil fuels, we were not able to fully 

 

49Specifically, Section 433 directs DOE to issue, by rule, revised federal building energy 

efficiency performance standards requiring agencies to eliminate the use of energy 

generated from fossil fuel in federal buildings by fiscal year 2030. As part of its regulatory 

process for Section 433, DOE will also issue a definition of the term “major renovation” 

using specific criteria set forth in Section 433 (a). 

Page 27 GAO-10-22 Federal Energy Management
 

review the challenges agencies will face in implementing this provision. 

Notwithstanding these limitations, numerous agency officials and 

stakeholder organizations we spoke with stated that meeting the long-term 

requirements of this provision would be very challenging and impractical 

and would require significant capital investments and technological 

advancements by 2030. Specific challenges identified by agency officials 

include the following: 

• Energy efficiency and conservation efforts will not be enough; renewable 

energy generation will be needed. A DOE official with the office 

responsible for developing DOE’s regulations stated that the requirement, 

particularly the long-term goal of eliminating the use of energy generated 

from fossil fuels in new buildings and major renovations by 2030, is very 

stringent and cannot be met with energy efficiency and conservation 

efforts alone. To meet this goal, the official stated that agencies will need 

to generate their own energy from renewable sources, which at this time is 

expensive and difficult because these technologies have limited energy 

production capabilities. 

• Buildings may lack space to generate renewable energy. The Acting 

Director of GSA’s Office of Federal High-Performance Green Buildings 

stated that while near-term goals for reducing fossil fuel energy use by 55 

percent would largely be attainable through energy efficiency and 

conservation efforts,50 the long-term goals of eliminating the use of such 

energy would be very difficult to meet, particularly for facilities in cities. 

The official said this overall goal, in his view, could more easily be met if 

DOE regulations allow agencies to use the total renewable energy 

generated by all of their buildings together, rather than require each 

individual facility to generate all of its own power. For example, GSA 

buildings in more rural locations could generate more renewable energy 

on-site than they would need for their own consumption, offsetting 

consumption in more urban GSA buildings that lack space for renewable 

 

50In commenting on a draft of this report, GSA stated that preliminary assessments from 

DOE and the American Society for Heating, Refrigeration, and Air-Conditioning Engineers 

(ASHRAE) indicate that the near-term EISA goal of a 55 percent reduction in energy 

generated from fossil fuels would be achieved by meeting the prior statutory requirement 

to perform 30 percent better than the energy code (ASHRAE 90.1), which is contained in 

EPAct 2005. GSA further stated that the costs of complying with EISA Section 433 

requirements are incorporated into GSA’s budgets for any facility designs beginning in 

fiscal year 2010 and appropriate Recovery Act contracts. 

Page 28 GAO-10-22 Federal Energy Management
 

energy generation. Therefore, although the agency might not attain the 

goal for each building, it could achieve it overall.51

• High energy intensity buildings may be unable to generate enough 

renewable energy. EPA, VA, and DOD officials we spoke with said it would 

be very difficult and impractical for their agencies to meet the long-term 

requirement for many of their high energy intensity buildings. For 

example, a senior EPA official responsible for energy planning and facility 

management stated that energy intensive buildings, including laboratories 

and data centers, make up about 94 percent of EPA’s facilities.52 Given the 

nature of its building portfolio, EPA would be required to develop 

significant on-site renewable energy generation capabilities, which the 

official said would be expensive and impractical. The same official also 

said it would be nearly impossible for certain EPA facilities to meet this 

requirement without the use of credits for purchases of renewable energy. 

VA officials similarly stated that even with enormous upfront expenditures 

for renewable energy, this requirement could not be met for certain VA 

high energy intensity facilities, such as hospitals that rely extensively on 

high energy intensity equipment or are located in certain geographic areas 

lacking in good sources of renewable energy. A senior DOD official 

responsible for facilities and installations energy management also noted 

that this requirement would be very difficult to meet for high energy 

intensity buildings such as intelligence centers. The official further noted 

that while the section allows individual building exemptions,53 applying for 

the exemptions would likely be difficult administratively, particularly 

because DOD has numerous installations with multiple buildings.54

 

51The GSA official noted that while other agencies can submit a request for an exemption 

from this requirement for specific buildings, GSA cannot. The American Clean Energy and 

Security Act of 2009, H.R. 2454, 111th Cong. (2009), which was passed by the House on 

June 26, 2009 would, if passed as written, authorize GSA to make a determination where 

applicable, that it is technically impracticable to achieve the required fossil fuel reduction 

for specific federal buildings and petition Congress for a waiver of those facilities. See H.R. 

2454, § 161(b)(3)(B)(ii), 111th Cong. (2009). 

52This percent refers to EPA’s reporting facilities—those for which EPA directly pays the 

utility bills. According to EPA, of EPA’s 175 facilities, 34 are reporting facilities and 32 are 

energy intensive. 

53Section 433 of EISA allows for agencies, with the exception of GSA, to apply for 

exemptions for certain facilities through the Secretary of Energy. 

54We are conducting a separate review of DOD’s use of credits for purchases of renewable 

energy. 

Page 29 GAO-10-22 Federal Energy Management
 

Although agencies and stakeholder organizations said that agencies would 

likely not achieve the long-term fossil fuel energy reduction goal with 

current technology, some stakeholder organizations we spoke with, 

including the American Society for Heating, Refrigeration, and AirConditioning Engineers (ASHRAE) and the American Institute of 

Architects (AIA), said they were optimistic agencies would be able to meet 

this goal because, in their opinion, new guidance and technologies, such as 

those for improved renewable energy generation, would be available by 

2030.55

Agencies Will Likely Face 

Challenges Meeting EISA’s 

Energy and Water 

Management Requirements 

Under Section 432 of EISA, agencies are required to designate facility 

energy managers who are responsible for reducing energy use at covered 

facilities, conducting comprehensive energy and water evaluations of such 

facilities, and benchmarking their covered facilities’ energy use—that is, 

comparing energy and water use in their facilities and in other similar 

buildings. As part of these efforts, facility energy managers must identify 

and assess measures for recommissioning or retrocommissioning their 

facilities—techniques used to ensure that building systems are operating 

as efficiently as intended.56 While we and officials from agencies and 

stakeholder organizations have noted the importance of effective energy 

management practices, such as conducting energy evaluations and 

commissioning, agency officials told us that some agencies may still find it 

difficult to benchmark their facilities because their portfolios include a 

 

55There are requirements outside of EISA Title IV, Subtitle C that might help achieve the 

development of this new technology. Specifically, Section 422 of EISA established the ZeroNet-Energy Commercial Buildings Initiative within DOE, with the goal of advancing the 

development and establishment of zero net energy for any commercial building 

constructed in the United States by 2030, among other goals. To help achieve this goal, the 

Zero-Net-Energy Commercial Buildings Initiative conducts research, conducts pilot and 

demonstration projects, and develops training materials, among other activities. 

56Section 432 of EISA defines commissioning, with respect to a facility, as a systematic 

process of ensuring, through the use of appropriate verification and documentation, that 

beginning with the initial day of the design phase of the facility and ending not earlier than 

1 year after the date of completion of the facility’s construction, that all facility systems 

perform interactively, in accordance with (1) the design documentation and intent of the 

facility and (2) the operational needs of the owner of the facility, including the preparation 

of operations personnel. According to EISA, the primary goal of commissioning is to ensure 

the full functioning of systems so that they can be properly operated and maintained during 

the useful life of the facility. Recommissioning is the process of commissioning a facility or 

system beyond the project development and warranty phases, and its primary goal is to 

ensure optimum performance over the facility’s useful life, while meeting building 

occupancy requirements. Retrocommissioning is a process of commissioning a facility or 

system that was not commissioned at the time of construction. 

Page 30 GAO-10-22 Federal Energy Management
 

large number of unique building types. For example, a senior DOD official 

responsible for facilities and installations energy management stated that 

DOD is currently unable to benchmark DOD’s facility energy and water 

use by using EPA’s Portfolio Manager because DOD has many unique 

facilities that are not comparable to commercial facilities or even to other 

DOD facilities. For example, military bases such as Fort Bragg and Camp 

Lejeune have different missions and, as a consequence, varying levels of 

energy and water use. The official said that DOD has had discussions with 

DOE to resolve this issue. Additionally, a DOE official responsible for 

collecting agency energy data said that some agencies have unique 

building structures, such as radar stations, which may make up a 

significant portion of these agencies’ total buildings. The official said that 

while evaluating these structures will not necessarily pose a challenge, 

agencies will likely reap limited savings from required energy and water 

evaluations because most of these energy and water needs are fixed and 

typical building efficiency measures are not applicable. 

According to DOE, VA, and DOD officials, conducting energy and water 

evaluations and commissioning activities required by Section 432 can be 

costly. Section 432 requires federal agencies to designate energy managers 

to conduct energy and water evaluations annually for approximately 25 

percent of an agency’s covered federal facilities so that each facility is 

evaluated at least once every 4 years. DOE stated that the optimal 

frequency for recommissioning electro-mechanical equipment is 4 years 

and that longer than 4 years would be unresponsive to the need for 

periodic maintenance and the potential opportunities for using new 

technologies. DOE officials acknowledged, however, that 

recommissioning every 4 years could be costly. VA officials estimate, for 

example, that VA would spend between 8 cents and 15 cents per square 

foot to evaluate approximately 38 million square feet of facility space each 

year to meet EISA high-performance federal building requirements, which 

would cost approximately $3 million to $5.7 million annually. Moreover, a 

senior official responsible for DOD’s facilities and installations energy 

management stated that an evaluation would not likely be needed every 4 

years because limited energy and water saving opportunities could be 

realized within such a short time frame. The official suggested that it 

would be more efficient and practical to conduct these activities over a 

longer interval, such as every 10 years. 

Page 31 GAO-10-22 Federal Energy Management
 

Finally, our previous work has shown that agencies sometimes lack 

dedicated, knowledgeable energy management staff with the right 

expertise to help them achieve energy goals.57 An EPA official noted that 

finding and retaining facility energy managers with the appropriate level of 

expertise is important but challenging; without effective energy 

management, agencies could have difficulty achieving certain EISA energy 

and water management requirements. 

EISA ENERGY STAR 

Leasing Requirements May 

Be Difficult for Federal 

Agencies to Meet in 

Certain Situations 

Agency officials we spoke with provided differing assessments of the 

impact of Section 435’s leasing requirements, which will take effect on 

December 19, 2010. For example, a DOD leasing official noted that DOD 

leases a large amount of space both domestically and internationally and 

that implementing EISA’s leasing requirements will be particularly difficult 

in certain circumstances. Furthermore, DOD stated that while this section 

provides a number of exceptions to leasing space in an ENERGY STAR 

rated building, agencies must still ensure the landlords carry out energy 

efficiency and conservation measures for any new government lease 

executed under one of the exceptions. DOD officials stated that these 

additional requirements would also be onerous to implement. Conversely, 

an official with EPA’s ENERGY STAR program and a representative with 

the Building Owners and Managers Association said that the exceptions to 

Section 435 appear to greatly limit the impact of the requirement.58 The 

Acting Director for GSA’s Office of Federal High-Performance Green 

Buildings said he does not anticipate that Section 435’s leasing 

requirements will be particularly onerous to meet initially, particularly in 

major metropolitan areas, which have a robust market for commercial 

office space. However, in commenting on a draft of this report, GSA 

acknowledged that there is a potential cost consequence of the EISA 

ENERGY STAR leasing requirement, since it inherently limits competition 

to the top 25 percent of buildings in energy efficiency. 59

 

57GAO, Federal Energy Management: Addressing Challenges Through Better Plans and 

Clarifying the Greenhouse Gas Emission Measure Will Help Meet Long-Term Goals for 

Buildings, GAO-08-977 (Washington, D.C.: Sept. 30, 2008). 

58For a list of exceptions to ENERGY STAR leasing requirements, see app. II. 

59To receive an ENERGY STAR label, a building must rank in the top 25th percentile for its 

building type in EPA’s Portfolio Manager database. Additionally, the whole building must 

be certified and therefore the agency must take energy efficiency and conservation steps 

throughout the building for it to receive a certification. 

Page 32 GAO-10-22 Federal Energy Management
 

Despite differing assessments about the impact of this provision, DOD, 

GSA, and VA officials agreed that in some circumstances it may be difficult 

for agencies to meet Section 435’s ENERGY STAR leasing requirements. 

Specifically, these officials told us that if an agency leases a relatively 

small percentage of a building’s total space and the building does not 

already have an ENERGY STAR label, the agency may have difficulty 

persuading the landlord to make the improvements needed to achieve 

certification. For example, DOD leases space in approximately 2,945 

different locations to house its recruiting centers. These centers are 

typically retail space within strip malls that may have many other tenants. 

In such locations, it will be difficult to lease ENERGY STAR-rated space or 

to require landlords to make energy efficiency and conservation 

improvements to the entire strip mall, according to a DOD leasing official. 

In commenting on a draft of this report, DOD added it is also concerned 

about the impact this requirement will have on leased housing for its 

recruiters. DOD commented that the agency faces difficulties finding 

housing for its recruiters in small markets and this requirement will add to 

that difficulty. VA officials also noted that VA leases space for health 

clinics in locations convenient to its patients and, in some cases, would 

face similar challenges in meeting this requirement. Furthermore, the DOD 

official expressed concern that while Section 435, as written, appears to 

apply to leased space in typical commercial buildings in the United States, 

it also appears to contain no explicit exclusion that recognizes the 

different circumstances encountered when leasing in foreign locations. 

According to the official, it would not be possible for DOD to lease 

ENERGY STAR-rated space in the buildings and facilities it leases in 

locations such as Afghanistan and Iraq. Moreover, requiring landlords to 

implement substantial energy efficiency and conservation improvements 

in these locations would be very difficult and impractical, according to the 

official. 

Page 33 GAO-10-22 Federal Energy Management
 

Although Recovery Act funds provide resources to help some agencies 

implement energy savings projects and meet EISA high-performance 

federal building requirements in the near future, long-term funding and 

capital budgeting issues will pose implementation challenges in later 

years, according to agency officials and stakeholder organizations. For 

example, to meet energy intensity requirements alone, DOE estimated that 

from fiscal year 2009 through fiscal year 2015, the federal government as a 

whole would need to invest approximately $1.4 billion annually in energyrelated projects. Such investments compete with other priorities for 

agency funding, as agency officials and we have noted in previous 

reports.60 Already, budget constraints and limited funding have contributed 

to agencies’ increased reliance on energy savings performance contracts 

and other alternative financing mechanisms to implement energy 

efficiency projects.61 However, officials with DOD and EPA, as well as our 

previous work, have indicated that such contracts can be very difficult and 

time consuming to establish and cannot be used to fully meet agencies’ 

capital needs.62 Furthermore, we have previously reported that although 

these contracts allow agencies to avoid up-front project costs, they pose 

management challenges and are typically more expensive in the long term 

than up-front funding. 

Long-Term Funding and 

Budgeting Issues Pose 

Overarching Challenges 

for Agencies in Meeting All 

EISA High-Performance 

Federal Building 

Requirements in the 

Future 

In addition to funding issues, agency officials, stakeholder organizations, 

and we have noted that capital budgeting issues, specifically requirements 

for recognizing capital costs up front in the federal budget, can discourage 

capital investments even though such investments can be more cost 

effective in the long term. Hence, these budgeting requirements could 

discourage investments in high-performance federal building 

improvements because the improvements often entail up-front capital 

costs. Even though such improvements are often paid for through future 

energy savings and reduced operating costs, these long-term benefits may 

not be sufficient to offset the immediate disincentive created by the initial 

up-front costs, which compete with other agency priorities. For example, a 

senior EPA official responsible for energy planning and facilities noted 

that although the agency’s offices are able to receive some immediate 

 

60GAO, Energy Savings: Performance Contracts Offer Benefits, but Vigilance Is Needed to 

Protect Government Interests, GAO-05-340 (Washington, D.C.: June 22, 2005). 

61Energy savings performance contracts are alternative financing mechanisms that 

primarily rely on third parties to fund projects with the promise that the agencies will repay 

the third parties from energy savings. 

62GAO-05-340. 

Page 34 GAO-10-22 Federal Energy Management
 

financial benefits from energy savings, future budgets will be based on 

smaller operating costs that will not allow EPA’s offices to recoup their 

initial investment, creating a disincentive for EPA offices to pursue energy 

savings projects. We have previously reported that the federal government 

faces competing pressures associated with supporting energy-saving 

investments while at the same time seeking to ensure budgetary 

transparency of full program costs to protect the government’s financial 

interests.63

Effective Energy 

Management Practices Can 

Help Agencies Meet Key 

EISA High-Performance 

Federal Building 

Requirements 

To help overcome the challenges to meeting EISA high-performance 

federal building requirements, officials from agencies and stakeholder 

organizations and our previous work have discussed the importance of 

effective energy management. In particular, our previous work has 

recognized that agencies face challenges in meeting federal energy goals. 

These challenges include not having dedicated energy staff with 

appropriate expertise and not having reliable energy use data. We have 

recommended that DOE issue guidance for agencies on how to develop 

long-term energy plans to meet future federal energy goals.64 Additionally, 

officials from agencies and stakeholder organizations and our previous 

work have identified the three following effective energy management 

practices: 

• Ensuring energy management staff have proper expertise and training. 

We previously reported that some agencies lacked the staff expertise 

needed to oversee energy management activities.65 Specifically, we 

reported that some agencies lacked dedicated, skilled energy managers as 

well as trained staff capable of overseeing and managing energy savings 

performance contracts. An EPA official told us that, along with providing 

training, it is important for agencies to employ staff with the right 

technical expertise to operate sites efficiently to meet EISA goals. 

According to a VA official, VA requires its energy managers to be engineers 

and has lead engineers who provide guidance and additional training to 

 

63GAO, Capital Financing: Partnerships and Energy Savings Performance Contracts 

Raise Budgeting and Monitoring Concerns, GAO-05-55 (Washington, D.C.: Dec. 16, 2004). 

64GAO-08-977. In response to our recommendation, DOE developed draft long-term 

planning guidance and reported making it available to agencies (who participated in its 

development) in 2008 as part of energy reporting guidance for fiscal year 2007. DOE also 

reported that it would include elements of this guidance in its guidance implementing 

Section 432 of EISA. 

65GAO-08-977. 

Page 35 GAO-10-22 Federal Energy Management
 

less experienced staff. AIA officials emphasized the importance both of 

having expertise and of providing ongoing training to keep managers at all 

levels abreast of the latest energy efficiency technology. Finally, ASHRAE 

officials stated that it is important for personnel to have the right expertise 

and training at all levels of energy management, including the project 

managers, facilities management personnel, and procurement officers, as 

well as the building’s occupants to ensure that facilities function as 

intended and that limited resources are used effectively. 

• Ensuring accurate data are collected and monitored. Our previous work 

has shown that some federal facilities lack accurate data and that accurate 

monitoring of energy use is an important part of effective energy 

management and is needed to meet energy intensity goals.66 A DOE official 

responsible for collecting agency energy data stated that federal agencies 

currently use different mechanisms to collect data on energy use, some of 

which are less accurate than others. For instance, some agencies use 

financial systems that provide data on utility bills for a group of buildings 

rather than for individual buildings, thereby making it difficult to identify 

particularly problematic buildings for energy efficiency improvements. We 

have previously noted that there is no federal energy management or data 

collection standard. Additionally, agency officials and officials from AIA, 

the Alliance to Save Energy, and the U.S. Green Building Council noted the 

importance of actively monitoring building energy use to ensure that a 

building continues to be operated efficiently after construction. 

• Using Integrated Project Delivery. Finally, officials from AIA, ASHRAE, 

and NIBS all discussed the benefits of using a process called Integrated 

Project Delivery in new building construction and renovations. This 

process integrates people, systems, business structures, and practices and 

collaboratively employs all participants to optimize project results. AIA 

officials noted that this process is particularly critical to successful and 

efficient green building because it helps ensure that a building’s 

stakeholders (designers, builders, operators, and tenants) collaborate on 

important issues associated with the facility’s construction and operation 

at the beginning of the process, when any problems are least costly to fix. 

NIBS officials further stated that spending more time on front-end 

planning would help remove long-term barriers agencies face in attaining 

energy efficiency goals. Furthermore, according to the Federal Leadership 

in High Performance and Sustainable Buildings MOU, signed by a number 

of federal agencies in 2006, employing integrated design principles is an 

 

66GAO-08-977. 

Page 36 GAO-10-22 Federal Energy Management
 

important strategy for designing, constructing, and operating federal 

facilities in an energy efficient and sustainable manner. 

While DOE, GSA, OMB, and EPA are making progress in implementing and 

supporting other federal agencies’ efforts to implement, EISA highperformance federal building requirements, their efforts are still largely in 

the early stages and thus provide only a limited picture of what agencies 

must do to meet EISA requirements and transform their facilities into highperformance federal buildings. The Recovery Act has provided critical 

near-term funding for GSA and DOE to help them carry out their EISA 

responsibilities. However, because agencies will continue to face limited 

funding and capital budgeting issues, along with the specific challenges 

presented by EISA high-performance federal building requirements, they 

are likely to find it difficult to meet some EISA requirements for reducing 

energy and water use. By engaging in practices such as properly training 

energy management staff and collecting accurate data, agencies will be in 

a better position to address these challenges. 

Concluding 

Observations 

Issues related to EISA’s Section 433 requirement for DOE to identify a 

green building certification system raise important questions for the 

future. Because the building certification systems likely to be chosen by 

federal agencies are not required to ensure agencies will meet EISA highperformance federal building requirements, agencies will need to develop 

strategies to ensure that EISA energy and water requirements, among 

others, are met regardless of whether they attain green building 

certifications for their buildings. While actions in this area could be 

problematic in the future, we are not making recommendations at this 

time because DOE has not issued regulations to help agencies identify a 

green building certification system and it is too early to tell what, if any, 

additional actions may need to be taken. 

We provided DOE, GSA, OMB, EPA, DOD, and VA with a draft of this 

report for their review and comment. In commenting on a draft of this 

report, DOE, GSA, and DOD generally agreed with our findings and 

conclusions and provided written comments, which appear in appendixes 

IV, V, and VI. VA also generally agreed with the report and provided 

technical comments. OMB neither agreed nor disagreed with the report 

and provided technical comments. EPA did not provide comments on our 

report. We incorporated the technical and clarifying comments that we 

received from the agencies as appropriate. 

Agency Comments 

Page 37 GAO-10-22 Federal Energy Management
 

When we sent the draft of this report to the agencies for official comment, 

it contained a recommendation that the Secretary of Energy, the 

Administrators of EPA and GSA, and the Director of OMB work together 

and, in conjunction with the Interagency Sustainability Working Group 

and the future Federal Green Building Advisory Committee, identify and 

recommend to Congress an entity responsible for overseeing the 

implementation of EISA’s storm water runoff requirements for federal 

development projects so that Congress can designate the appropriate 

entity. During the official comment period, Executive Order 13514 was 

issued, which directs EPA to issue guidance on EISA’s storm water runoff 

requirements, directs agencies to follow EPA’s guidance, and directs 

multiple entities, such as OMB, to monitor agencies’ progress in 

implementing EPA’s guidance. These activities appear to address the goal 

of our recommendation; therefore we deleted this recommendation from 

our final report. 

We are sending copies of this report to interested congressional 

committees; the Secretary of Energy; the Administrators of the General 

Services Administration and the Environmental Protection Agency; the 

Director of the Office of Management and Budget; and the Secretaries of 

Defense and Veterans Affairs. In addition, this report will be available at 

no charge on GAO’s Web site at http://www.gao.gov. 

If you or your staff have any questions about this report, please contact 

Terrell Dorn at 202-512-6923 or DornT@gao.gov, or Mark Gaffigan at 

202-512-3841 or GaffiganM@gao.gov. Contact points for our Offices of 

Congressional Relations and Public Affairs may be found on the last page 

of this report. GAO staff who made major contributions to this report are 

Terrell Dorn 

listed in appendix VII. 

Director, Physical Infrastructure 

Page 38 GAO-10-22 Federal Energy Management
 

Mark Gaffigan 

Director, Natural Resources and Environment 

Page 39 GAO-10-22 Federal Energy Management
Appendix I: Objectives, Scope, and 

Methodology 

Page 40 GAO-10-22 

Appendix I: Objectives, Scope, and 

Methodology 

The Energy Independence and Security Act of 20071 (EISA) requires GAO 

to audit federal agencies’ implementation of Title IV, Subtitle C 

requirements and report to Congress by October 31, 2009.2

 To do so, this 

report addresses: (1) what the implementing agencies—the Department of 

Energy (DOE), the General Services Administration (GSA), the Office of 

Management and Budget (OMB), and the Environmental Protection 

Agency (EPA)—are doing to carry out their responsibilities under EISA, 

which are directing and assisting federal agencies in meeting key EISA 

high-performance federal building requirements; (2) how implementing 

agencies are planning to use American Recovery and Reinvestment Act of 

2009 (Recovery Act) funds to meet key EISA high-performance federal 

building requirements; and (3) what challenges implementing and other 

agencies may face as they take steps to meet EISA’s high-performance 

federal building requirements. 

To identify the steps implementing agencies are taking, which direct and 

assist agencies in meeting key EISA high-performance federal building 

requirements, we first reviewed EISA requirements contained in Title IV, 

Subtitle C of the act. We identified DOE, GSA, OMB, and EPA as 

implementing agencies because EISA assigns implementation 

responsibilities to them or they have assumed certain implementation 

responsibilities. We then identified key EISA high-performance federal 

building requirements through discussions with agency officials and 

stakeholder organizations. In addition, we determined which provisions 

contain specific requirements for the implementing agencies that are 

applicable during the period covered by this review. We ultimately chose 

not to review several requirements. For example, we did not review the 

requirements in Sections 433 and 435 for the Federal Acquisition 

Regulatory Committee to develop regulations because they had yet to take 

effect.3

 We met with officials from DOE’s Federal Energy Management 

 

1

Pub. L. No. 110-140,121 Stat. 1492. 

2

Pub. L. No. 110-140, § 437, 121 Stat. 1492, 1619—20. The act also required GAO to report by 

October 31, 2008. GAO met this requirement by issuing a report (GAO-09-111R) on that 

date. 

3

For an outline of the key requirements contained in this report, see table 1. For a more 

detailed summary of all requirements contained in Title IV, Subtitle C, see app. II. 

 Federal Energy Management 
Appendix I: Objectives, Scope, and 

Methodology 

Program, GSA’s Office of Federal High-Performance Green Buildings,4

EPA’s Energy Star Program and Office of Water, and OMB’s Energy and 

GSA Branches, and reviewed agency-provided documentation, including 

draft and final regulations and guidance, and draft energy and water data. 

We attended a meeting of the Interagency Sustainability Working Group in 

February 2009 and the U.S. Green Buildings Council Federal Summit in 

May 2009 to learn more about the government’s efforts to make federal 

buildings more energy efficient. Moreover, we met with officials from the 

Office of the Federal Environmental Executive, a body responsible for 

overseeing energy efficiency and sustainable building goals, to determine 

this office’s role in EISA implementation.5

 We also reviewed prior GAO, 

Congressional Research Service, and Congressional Budget Office reports 

on federal green building efforts. Additionally, we obtained from DOE 

draft energy intensity data for fiscal year 2008 and draft data on agencies’ 

energy and water management activities as of June 2009. We assessed the 

reliability of the data and determined that the data were sufficiently 

reliable for our purposes, which was to provide preliminary information 

on agencies’ progress in implementing certain EISA requirements. 

To determine how implementing agencies are planning to use funds 

provided by the Recovery Act to implement key EISA high-performance 

federal building requirements, we reviewed DOE’s, GSA’s, and EPA’s plans 

 

4

According to EISA Section 401, a high-performance green building is a building that, 

during its life cycle, achieves a number of environmental goals. Specifically, compared with 

similar buildings (as measured by Commercial Buildings Energy Consumption Survey or 

Residential Energy Consumption Survey data from the Energy Information Agency), a highperformance green building (1) reduces energy, water, and material resource use; (2) 

improves indoor environmental quality, including reducing indoor pollution, improving 

thermal comfort, and improving lighting and acoustic environments that affect occupant 

health and productivity; (3) reduces negative impacts on the environment throughout the 

life cycle of the building, including air and water pollution and waste generation; (4) 

increases the use of environmentally preferable products, including biobased, recycled 

content, and nontoxic products with lower life cycle impacts; (5) increases reuse and 

recycling opportunities; (6) integrates systems in the building; (7) reduces the 

environmental and energy impacts of transportation through building location and site 

design that support a full range of transportation choices for users of the building; and (8) 

considers indoor and outdoor effects of the building on human health and the environment, 

including: (a) improvements in worker productivity; (b) the life cycle impacts of building 

materials and operations; and (c) other factors that the Federal Director or the Commercial 

Director consider to be appropriate. 

5

Specifically, the Office of the Federal Environmental Executive oversees the 

implementation of Executive Order 13423. 

Page 41 GAO-10-22 Federal Energy Management
Appendix I: Objectives, Scope, and 

Methodology 

to use Recovery Act funds and interviewed agency officials.6 OMB did not 

receive any Recovery Act funding. We also reviewed OMB’s guidance to 

federal agencies for using Recovery Act funds. 

To determine what challenges agencies might face as they take steps to 

meet EISA high-performance federal building requirements, we met with 

the previously identified agency officials as well as officials from the 

Departments of Defense (DOD) and Veterans Affairs (VA). We chose to 

include DOD and VA because they both manage a significant stock of 

federal facilities and together account for approximately 63 percent of the 

energy consumed by federal facilities. In addition, we met with officials 

from the following nongovernmental stakeholder organizations with 

expertise in this area: 

• Alliance to Save Energy 

• American Institute of Architects 

• American Society for Heating, Refrigeration, and Air Conditioning 

Engineers 

• Building Owners and Managers Association 

• National Association of Energy Services Companies 

• National Institute of Building Sciences 

• Natural Resources Defense Council 

• U.S. Green Building Council 

We selected these organizations, including industry and advocacy groups, 

because of several factors, including agency recommendations and 

documentation, their varied areas of expertise, and their involvement in 

developing or aiding implementation of EISA requirements. We also 

reviewed relevant documentation provided by these sources, such as 

 

6

American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115. While 

the Recovery Act provides funds to stimulate the economy and create jobs as well as, in 

some cases, further other policy goals, we did not examine how the key implementing 

agencies’ planned use of Recovery Act funds would contribute to meeting the Recovery 

Act’s goals. 

Page 42 GAO-10-22 Federal Energy Management
Appendix I: Objectives, Scope, and 

Methodology 

reports on high-performance federal buildings and energy conservation 

measures, and prior GAO reports. Furthermore, during our discussions 

with agency officials and stakeholder organizations, we identified energy 

management practices that can help agencies meet EISA high-performance 

federal building requirements, which we discuss in the third section of this 

report. 

We conducted this performance audit between December 2008 and 

October 2009, in accordance with generally accepted government auditing 

standards. Those standards require that we plan and perform the audit to 

obtain sufficient, appropriate evidence to provide a reasonable basis for 

our findings and conclusions based on our audit objectives. We believe 

that the evidence obtained provides a reasonable basis for our findings 

and conclusions based on our audit objectives. 

Page 43 GAO-10-22 Federal Energy Management
Appendix II: Summary of EISA Provisions 

Contained in Title IV, Subtitle C—HighPerformance Federal Buildings 

EISA section EISA provision 

Section 431 – Energy Reduction 

Goals for Federal Buildings 

Agencies must reduce energy consumption per gross square foot in their federal buildings by 3 

percentage points annually from fiscal year 2008 through fiscal year 2015, as compared with the 

energy consumption per gross square foot of federal buildings of the agency in fiscal year 2003.a

Section 432 – Management of 

Energy and Water Efficiency in 

Federal Buildings 

Agencies must designate facility energy managers responsible for reducing energy use at covered 

facilities and conducting comprehensive water and energy evaluations for approximately 25 percent 

of covered facilities at least once every 4 years. These covered facilities, at a minimum, must 

include those that constitute at least 75 percent of facility energy use at each agency. Directs the 

Secretary of Energy to issue guidelines and necessary criteria for agencies to implement these 

requirements within 180 days of EISA’s enactment. 

Directs the Secretary of Energy to develop and deploy a Web-based tracking system and select or 

develop a building energy use benchmarking system, such as the Energy Star Portfolio Manager, 

for energy managers to use and issue guidance for use of these systems within 1 year of 

enactment.b

Requires OMB to issue semiannual scorecards for energy management activities carried out by 

federal agencies under this section, and make them available to Congress, other federal agencies, 

and the public through the Internet. 

Section 433 – Federal Building 

Energy Efficiency Performance 

Standards 

Directs the Secretary of Energy, by December 2008, to issue revised federal building energy 

efficiency performance standards, by rule, which require that for new federal buildings and those 

undergoing major renovations, fossil-fuel-generated energy consumption is reduced. For these 

buildings, the reduction must be 55 percent by 2010 (relative to the 2003 level), and continue to be 

reduced each year before reaching 100 percent by 2030. 

Requires the Secretary of Energy, in consultation with the Administrator of General Services and 

the Secretary of Defense, and using specific criteria, to identify a certification system and level for 

green buildings within 90 days of EISA’s enactment. 

Section 434 – Management of 

Federal Building Efficiency 

Requires agencies to report to OMB on the process they establish to ensure that large capital 

energy investments, such as major replacements of heating and cooling systems or projects to 

expand existing space, employ energy-efficient designs, systems, equipment, and controls that are 

life cycle cost effective.c

Requires OMB to submit a report to Congress on agency compliance within 1 year of EISA’s 

enactment. 

Section 435 – Leasing Effective 3 years after EISA’s enactment, no federal agency may enter into a contract to lease 

space in a building that has not earned an ENERGY STAR label within the most recent year. 

Certain exceptions include: (a) no space is available that meets functional requirements of the 

agency, including locational needs; (b) the agency proposes to remain in the building that the 

agency has occupied previously; and (c) the agency proposes to lease a building (or space in a 

building) of historical, architectural, or cultural significance (see 40 U.S.C. § 3306(a)); or (d) the 

lease is not more than 10,000 gross square feet of space. If certain conditions are met, the agency 

may enter into a contract to lease space without the ENERGY STAR label in the most recent year if 

prior to occupancy, or in the case in which the agency remains in the same building it has 

previously occupied, the space will be renovated within 1 year for specific energy efficiency and 

conservation improvements. 

Requires the Federal Acquisition Regulation (FAR), as described in 41 U.S.C. § 405(a), to be 

revised to require federal officers and employees to comply with this section in leasing buildings. 

This shall be done in consultation with the directors of the Offices of Federal and Commercial HighPerformance Green Buildings. 

Appendix II: Summary of EISA Provisions 

Contained in Title IV, Subtitle C—HighPerformance Federal Buildings 

Page 44 GAO-10-22 Federal Energy Management 
Appendix II: Summary of EISA Provisions 

Contained in Title IV, Subtitle C—HighPerformance Federal Buildings 

EISA section EISA provision 

Section 436 – High-Performance 

Green Federal Buildings 

Requires GSA to establish an Office of Federal High-Performance Green Buildings within 60 days 

and directs this office to, among other activities, coordinate green building information and activities 

within GSA and across relevant federal agencies; establish a senior-level Federal Green Building 

Advisory Committee; establish green practices and high-performance green building standards for 

federal facilities in the federal sector; identify incentives, review, and analyze federal budget and 

contracting practices and life cycle costing issues that affect the achievement of high-performance 

green buildings; within 60 days of EISA’s enactment, identify a certification system that is most 

likely to encourage a comprehensive and environmentally sound approach to the certification of 

green buildings; and report to Congress on compliance issues and other federal high-performance 

green building initiatives within 2 years of enactment and biennially thereafter. 

Section 437 – Federal Green 

Building Performance 

Directs GAO to audit the implementation of EISA Title IV, Subtitle C, High-Performance Federal 

Buildings and report to Congress by October 31, 2008, and October 31, 2009. 

Section 438 – Storm Water 

Runoff Requirements for Federal 

Development Projects 

Requires sponsors of federal facility development or redevelopment projects with a footprint of 

more than 5,000 square feet to use site planning, design, construction, and maintenance strategies 

to maintain or restore the predevelopment hydrology of the property, to the maximum extent 

technically feasible. 

Section 439 – Cost-Effective 

Technology Acceleration 

Program 

The Administrator of GSA must establish a program to accelerate the use of more cost-effective 

technologies and practices at GSA facilities. As part of this program, the Administrator must review 

the current use and availability of cost-effective lighting technologies and geothermal heat pumps in 

GSA facilities not later than 90 days after EISA’s enactment. 

Section 440 – Authorization of 

Appropriations 

Authorized $4,000,000 to be appropriated to carry out sections 434 through 439 and 482 for each 

of fiscal years 2008 through 2012. 

Section 441 – Public Building 

Life Cycle Costs 

Amends Section 544(a)(1) of the National Energy Conservation Policy Act, codified at 42 U.S.C. § 

8254(a)(1), to reflect a 40-year period as opposed to a 25-year period to be used as a potential 

input in the calculation for estimating and comparing life cycle costs for federal buildings. 

Source: GAO analysis of the EISA Title IV, Subtitle C. 

Notes: These are a summary of EISA high-performance federal building provisions. For the purposes 

of this audit, we did not address all requirements contained in all provisions of Title IV, Subtitle C. 

a

Section 431 amends a provision contained in the National Energy Conservation Policy Act (NECPA), 

codified at 42 U.S.C. § 8253(a)(1) to increase prior energy intensity reduction requirements consistent 

with energy intensity reduction goals established in Executive Order 13423. 

b

ENERGY STAR Portfolio Manager is administered by EPA and is an interactive energy management 

tool that allows agencies to track and assess energy and water consumption across a portfolio of 

buildings through a secure online Web site. 

c

Life cycle cost effective means that the estimated savings from an investment exceed its costs over 

its lifetime. 

Page 45 GAO-10-22 Federal Energy Management
Appendix III: S

Imple

C

tatus of Agencies’ 

mentation of Key EISA Requirements 

ontained in Title IV, Subtitle C 

Page 46 GAO-10-22 

Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

Implementing agencies—DOE, GSA, OMB, and EPA—are taking steps to 

carry out their responsibilities under Title IV, Subtitle C and, as a result, 

are directing and assisting federal agencies in meeting key EISA highperformance federal building requirements. These steps include 

developing federal regulations and guidance, collecting information, 

reporting on agencies’ progress, and assessing federal agencies’ 

implementation of EISA high-performance federal building requirements. 

DOE Is Collecting 

Information and 

Developing Regulations 

and Guidance, Which Help 

Federal Agencies Meet 

EISA Requirements 

DOE is collecting information from federal agencies on energy use and 

energy and water evaluation activities, issuing federal regulations and 

guidance, and developing systems to help agencies implement EISA highperformance federal building requirements. A section-by-section summary 

of DOE’s activities follows. 

Section 431 requires annual reductions in energy consumption (measured 

as energy intensity) in federal buildings, resulting in a 30 percent reduction 

by fiscal year 2015, as compared with the energy consumption in the same 

buildings in fiscal year 2003.1

 DOE has collected and reported on this 

information since 1978 and continues to do so. These data provide the 

information needed to assess federal agencies’ progress in meeting EISA’s 

energy reduction goals for federal buildings.2

 See figure 1 of this report for 

a summary of agencies’ progress in meeting EISA’s energy intensity goals 

for fiscal year 2008. 

Section 431 – Energy Reduction 

Goals for Federal Buildings 

Section 432 of EISA establishes energy and water management 

requirements for federal facilities, requiring agencies to, among other 

activities, designate facility energy managers to conduct energy and water 

evaluations for certain facilities. To facilitate compliance with this section, 

DOE must issue guidelines for federal agencies to carry out this section, 

Section 432 – Management of 

Energy and Water Efficiency in 

Federal Buildings 

 

1

Section 431 of EISA amends section 543(a)(1) of the National Energy Conservation Policy 

Act (NECPA), Pub. L. No. 95-619, 92 Stat. 3206, 3277 (1978), codified as amended at 42 

U.S.C. § 8253(a)(1). Section 431 of EISA increases federal agency energy intensity goals, 

while also reinforcing existing energy intensity reduction goals outlined in Executive Order 

13423 (2006). 

2

According to draft DOE energy data, 19 of 22 federal agencies reporting in fiscal year 2008 

met the EISA energy intensity reduction goal of 9 percent, as shown in fig. 1 of this report. 

 Federal Energy Management 
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

develop and deploy a Web-based tracking system, and select or develop a 

building energy use benchmarking system.3

In November 2008 and May 2009, DOE issued guidance for federal 

agencies to implement initial stages of Section 432’s requirements.4

 This 

guidance provides information for federal agencies on how they should (1) 

identify federal facilities that are affected by these requirements (defined 

as covered facilities), (2) designate facility energy managers, (3) conduct 

initial rounds of energy and water evaluations, and (4) report to DOE on 

their activities. DOE’s guidance instructed federal agencies to submit 

master lists of their covered buildings and designated energy managers to 

DOE by January 2009 and advised agencies to complete their initial round 

of energy and water evaluations for calendar year 2009 by mid-June 2009.5

DOE interim guidance also instructed federal agencies to report to DOE by 

June 30, 2009, on their initial findings from energy and water evaluations. 6

In the spring of 2009, DOE developed the statement of work for a Webbased tracking system for agencies to directly report information on their 

energy and water management activities in a central repository. The Webbased tracking system is to allow agencies to report on the status of their 

energy and water evaluations to DOE and eventually is to be made 

available to the public through the Internet, as required. According to DOE 

officials, DOE plans to test the system in November 2009 and agencies 

should then be able to enter data into the system in January 2010. The 

 

3

Section 432 of EISA requires DOE to issue guidelines and necessary criteria for agencies to 

implement the section not later than 180 days after the date of enactment of EISA (June 19, 

2008); develop and deploy a Web-based tracking system not later than 1 year after 

enactment of EISA (Dec. 19, 2008); and select and develop a building energy use 

benchmarking system and issue related guidance within 1 year of the date of enactment of 

EISA (Dec. 19, 2008). Building energy use benchmarking systems help agencies track and 

assess energy and water consumption in federal buildings by allowing them to compare 

their buildings with similar buildings. 

4

Facility Energy Management Guidelines and Criteria for Energy and Water Evaluations in 

Covered Facilities (42 U.S.C. 8253 Subsection (f), Use of Energy and Water Efficiency 

Measures in Federal Buildings) issued November 25, 2008, and Interim Guidance: Initial 

Reporting of Findings from Comprehensive Energy and Water Evaluations in Covered 

Facilities (42 U.S.C. 8253 Subsection (f), Use of Energy and Water Efficiency Measures in 

Federal Buildings) issued May 26, 2009. 

5

According to draft data collected by DOE, 22 out of 23 federal agencies reported to DOE in 

January 2009 identifying their designated energy managers and covered buildings. 

6

According to draft data collected by DOE, 20 out of 23 federal agencies reported to DOE in 

June 2009 on their initial energy and water evaluations. 

Page 47 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

officials said they plan for the information to be made available to the 

public through the Internet in August 2010. Furthermore, DOE officials 

told us they are drafting guidance for agencies to use to select a building 

energy use benchmarking system, as required by Section 432, in which 

energy managers will input energy use data for their buildings. Agency 

officials provided no expected issuance date for this guidance. The 

ENERGY STAR Portfolio Manager Tool—EPA’s interactive energy 

management tool that allows agencies to track and assess energy and 

water consumption across their entire portfolio of buildings online—is 

likely to be the preferred system for meeting the EISA benchmarking 

requirements, according to DOE officials.7

According to DOE officials, DOE is developing draft regulations required 

by Section 433 to assist agencies in meeting new EISA requirements for 

reducing their consumption of energy generated from fossil fuels in new 

federal buildings and those undergoing major renovation.8

 DOE 

anticipates issuing draft regulations for public comment in e

Section 433 – Federal Building 

Energy Efficiency Performance 

Standards 

arly 2010.9

 

Section 433 also requires DOE to identify a certification system and level 

for green buildings. This requirement is meant to, according to the law, 

“encourage a comprehensive and environmentally sound approach to 

certification of green buildings.”10 DOE officials said the agency developed 

a draft notice identifying DOE’s choice for a preferred green building 

rating system for federal agencies; however, DOE received agency 

7

According to DOE, GSA, EPA, and DOE are also working together to integrate a Federal 

High-Performance Sustainable Buildings Checklist into the ENERGY STAR Portfolio 

Manager. The purpose of this checklist is to assist federal agencies with assessing their 

existing building stock against the Guiding Principles for Sustainable Existing Buildings, 

and for reporting on the sustainability data element in the Federal Real Property Profile. 

DOE anticipates the checklist will be launched in the fall of 2009. 

8

Section 433 states that buildings shall be designed so that the fossil-fuel-generated energy 

consumption of the buildings is reduced, compared with such energy efficiency 

consumption by a similar building in fiscal year 2003, as measured by the Commercial 

Buildings Energy Consumption Survey or the Residential Energy Consumption Survey data 

from the Energy Information Agency. These requirements call for a 55 percent reduction by 

fiscal year 2010 and the elimination of all such energy consumption in federal buildings by 

fiscal year 2030, relative to a fiscal year 2003 baseline. 

9

Section 433 of EISA requires DOE to establish, by rule, revised federal building energy 

efficiency performance standards for new federal buildings and those undergoing major 

renovations not later than 1 year after enactment of EISA (Dec. 19, 2008). 

10Section 433 of EISA requires DOE to identify a certification system and level for green 

buildings not later than 90 days after the date of enactment of EISA (Mar. 19, 2008). 

Page 48 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

comments that compelled it to rescind the notice. DOE officials explained 

that agencies wanted the flexibility to choose the green building rating 

system that best suited their needs. For example, a DOE official noted that 

the appropriate green building rating system for federal health care 

facilities may differ from the system most appropriate for federal office 

buildings. As a result, DOE does not plan on identifying a single green 

building rating system as required by EISA, but instead plans to issue draft 

regulations in early 2010 that will provide criteria for agencies to help 

them choose their own green building rating system. DOE officials noted 

that EISA does not require this certification system to ensure that agencies 

meet all EISA high-performance federal building requirements and existing 

systems are not designed to guarantee EISA compliance. Consequently, 

agencies could meet building certification requirements without meeting 

EISA federal high-performance building requirements. For example, 

according to an EPA official, an agency could potentially meet the 

requirements of a green building rating system, such as the commonly 

used Leadership in Energy and Environmental Design (LEED) Green 

Building Rating System, without implementing specific storm water 

management activities required in Section 438 of EISA.11

GSA Is Preparing for 

Upcoming Leasing 

Requirements and Has 

Established an Office to 

Coordinate HighPerformance Federal 

Building Activities 

Required under EISA 

GSA, which acts as the leasing agent for much of the federal government, 

is incorporating ENERGY STAR labeling requirements into its federal 

leases in preparation for upcoming EISA leasing requirements. In addition, 

as required, GSA has established an Office of Federal High-Performance 

Green Buildings to, among other things, develop and identify highperformance federal building standards and promote and coordinate highperformance federal building information and activities throughout the 

federal government. GSA is also identifying cost-effective lighting 

technologies for use in GSA buildings, as well as opportunities to use 

geothermal heat pump technology.12 A section-by-section analysis of GSA’s 

activities follows. 

 

11LEED is a third-party certification program and a national benchmark for the design, 

construction, and operation of high-performance green buildings, according to the U.S. 

Green Building Council. 

12Geothermal heat pumps, also known as ground-source heat pumps, can be used to heat, 

cool and, if so equipped, supply a facility with hot water by using the constant temperature 

of the earth as the exchange medium instead of the outside air temperature. Relative to airsource heat pumps, geothermal heat pumps are highly efficient, last longer, and need less 

maintenance. 

Page 49 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

Effective December 2010, Section 435 requires that no federal agency 

enter into a contract to lease space in a building that has not earned an 

ENERGY STAR label within the most recent year, with certain 

exceptions.13 GSA expects to incorporate provisions into its leases in 

anticipation of the upcoming ENERGY STAR leasing requirement in late 

October 2009.14 GSA’s incorporation of EISA’s leasing requirements into its 

leases is significant because GSA, as the landlord for most civilian 

agencies, is authorized to enter into leases and manages a significant 

percentage of total federal leases, while other agencies, including DOD 

and VA, administer the remaining federal leases under their own statutory 

or delegated authority. Because GSA acts as the leasing agent for most 

federal agencies, the agency’s action will help enable federal agencies 

using GSA leases to comply with EISA’s leasing requirement, according to 

the Acting Director of GSA’s Office of Federal High-Performance Green 

Buildings. 

Section 435 – Leasing 

Section 436 requires GSA to establish an Office of Federal HighPerformance Green Buildings to promote and coordinate highperformance green building information and activities throughout the 

federal government, among other activities.15 In March of 2008, GSA 

established the Office of Federal High-Performance Green Buildings and 

appointed an Acting Director. GSA planned to select a permanent director 

for the office in July 2009; however officials told us the agency cannot 

select a permanent director until the Administrator of GSA is appointed 

and confirmed. GSA officials plan to select program staff following the 

selection of a permanent director, and anticipate completing the staffing 

by December 2009. 

Section 436 – HighPerformance Green Federal 

Buildings 

According to GSA officials, the Office of Federal High-Performance Green 

Buildings is undertaking a number of activities to (1) promote and 

coordinate high-performance federal building information and activities 

throughout the federal government, (2) serve as the federal government’s 

 

13See app. II for a list of exceptions to Section 435. 

14The Acting Director for GSA’s Office of Federal High-Performance Green Buildings said 

that the agency anticipates the ENERGY STAR leasing requirement will apply to 

approximately 35 percent of the agency’s total leases, covering approximately 70 percent of 

the total square footage. The official said that the remainder of GSA’s leases will fall under 

one of the exceptions to Section 435; however there are additional requirements in Section 

435 for these excepted leases, as well. 

15Section 436 of EISA requires GSA to establish an Office of Federal High-Performance 

Green Buildings not later than 60 days after the date of enactment of EISA (Feb. 19, 2008). 

Page 50 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

green building advocate, and (3) develop standards and establish green 

practices for all types of federal facilities.16 According to agency officials, 

GSA’s Office of Federal High-Performance Green Buildings is undertaking 

multiple activities to address requirements in Section 436 of EISA, 

including the following: 

• Establishing a senior-level interagency Federal Green Building Advisory 

Committee.

17 The Office of Federal High-Performance Green Buildings 

reported sending letters requesting nominees for the Federal Green 

Building Advisory Committee to federal agencies and relevant offices in 

April 2008.18 GSA officials anticipate the first meeting of the Federal Green 

Building Advisory Committee will take place in November 2009. Until that 

committee is formed, the office has primarily been coordinating with other 

federal agencies, including DOE’s Office of Commercial High-Performance 

Green Buildings, through DOE’s Interagency Sustainability Working 

Group. 

• Identifying a federal high-performance building certification system for 

federal buildings.

19 According to GSA, the Office of Federal HighPerformance Green Buildings conducted a study of green building rating 

standards to identify a certification system for federal buildings, as 

required by EISA, and conveyed the results of this study to the Secretary 

of Energy in April 2008. According to the study, the LEED Green Building 

Rating System is the most appropriate system for the federal real property 

inventory. GSA officials said they have since consulted with DOE and 

 

16We previously reported on GSA’s and the office’s activities in October 2008. See GAO, 

Status of GSA’s Implementation of Selected Green Building Provisions of the Energy 

Independence and Security Act of 2007, GAO-09-111R (Washington, D.C.: Oct. 31, 2008). 

17EISA requires GSA’s Office of Federal High-Performance Green Buildings to establish a 

senior-level Federal Green Building Advisory Committee, which is to, among other things, 

provide advice and recommendations on current budget and contracting practices and 

identify tools to aid life cycle cost decision making. 

18EISA requires GSA to ensure coordination with nine relevant agencies and offices 

including EPA; the Office of the Federal Environmental Executive; the Office of Federal 

Procurement Policy; the Departments of Energy, Health and Human Services, Defense, and 

Transportation; the National Institute of Standards and Technology; and the Office of 

Science and Technology. 

19Section 436 of EISA requires that the Office of Federal High-Performance Green Buildings 

identify and provide to DOE a certification system that the Director determines to be the 

most likely to encourage a comprehensive and environmentally sound approach to the 

certification of green buildings not later than 60 days after enactment of EISA (Feb. 19, 

2008). 

Page 51 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

recommended LEED as the preferred building certification system for 

federal buildings. As mentioned previously, DOE officials said they 

anticipate issuing draft regulations for agencies in early 2010 that will 

assist agencies in choosing a building certification system. The Acting 

Director of GSA’s Office of Federal High-Performance Green Buildings 

said that GSA anticipates issuing additional guidance to supplement these 

regulations to ensure that agencies will also meet federal energy and water 

requirements, including EISA’s federal high-performance building 

requirements. 

• Preparing a public report fully outlining the office’s activities related to 

EISA implementation.

20 According to GSA officials, this report will be 

available to Congress no later than December 19, 2009. In addition to 

providing information on the status of compliance with EISA, this report is 

to, among other things, (1) identify inconsistencies in federal law that may 

serve as barriers to implementing EISA; (2) recommend language for 

uniform standards for environmentally responsible acquisition by federal 

agencies; (3) review the federal budget process to identify alternative 

treatments of energy and environmental costs and benefits; (4) identify 

federal facility procedures that may affect green building certification; and 

(5) make recommendations to address the issues identified in the report, 

as well as plans for implementing the recommendations. 

According to GSA’s Acting Director of the Office of Federal HighPerformance Green Buildings, GSA established a technology acceleration 

program in May 2009, as required by Section 439 of EISA, to help all 

relevant federal agencies that are tenants of GSA buildings increase the 

use of cost-effective technologies, including use of efficient lighting 

technologies and geothermal heat pumps.21 As part of this effort, GSA 

reviewed the use of cost-effective lighting technologies in GSA facilities in 

the spring of 2008, according to a GSA official, and has begun to accelerate 

Section 439 – Cost-Effective 

Technology Acceleration 

Program 

 

20Section 436 of EISA requires, not later than 2 years after the date of enactment of EISA 

(Dec. 19, 2009), that the Office of Federal High-Performance Green Buildings submit a 

report to Congress describing the status of GSA’s compliance with Title IV, Subtitle C. 

21Section 439 requires GSA to review the current use and availability of cost-effective 

lighting technologies and geothermal heat pumps in GSA facilities as part of a program to 

accelerate the use of more cost-effective technologies and practices at GSA facilities within 

90 days of EISA’s enactment (Mar. 19, 2008). 

Page 52 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

the use of these technologies in these facilities.22 Additionally, GSA is 

working with DOE’s Oak Ridge National Laboratory to assist in the 

development, management, and performance of a geothermal technology 

acceleration program. The Acting Director for GSA’s Office of Federal 

High-Performance Green Buildings said that GSA evaluates the feasibility 

of using geothermal heat pumps on a case-by-case basis as it undertakes 

major renovations of federal buildings. He said he anticipates this will be 

an ongoing process, with the assistance of the Oak Ridge National 

Laboratory. 

OMB Is Collecting 

Information and Assessing 

Agencies’ Progress in 

Meeting Energy Efficiency 

Goals 

OMB is incorporating information from federal agencies on energy use and 

energy and water evaluation activities into scorecards used to assess 

agencies’ progress in meeting federal energy management goals. OMB has 

also reported collecting information on agencies’ processes for reviewing 

decisions on large capital energy investments and reporting to Congress. A 

section-by-section analysis of OMB’s activities follows. 

As previously outlined, Section 431 requires agencies to reduce energy 

consumption (measured as energy intensity) in their federal buildings. 

OMB is working with DOE to collect information on energy intensity and 

incorporate this information into OMB’s agency scorecards on energy 

management, which OMB uses to assess federal agencies’ status and 

progress in meeting energy management goals.23 OMB has been 

incorporating energy intensity data into these scorecards since their 

inception in January 2006. 

Section 431 – Energy Reduction 

Goals for Federal Buildings 

Pursuant to Section 432, OMB officials told us they are now also 

incorporating information on agencies’ progress in implementing EISA’s 

energy and water management requirements into semiannual agency 

scorecards on energy management. Specifically, OMB officials told us that 

OMB included agencies’ identification of covered facilities and designation 

of energy managers in the progress milestone of the energy management 

Section 432 – Management of 

Energy and Water Efficiency in 

Federal Buildings 

 

22Specifically, the Acting Director of GSA’s Office of Federal High-Performance Green 

Buildings told us that GSA has used Recovery Act funds to identify nearly 100 GSA 

buildings with the highest energy use to conduct complete lighting replacements as part of 

the cost-effective technology acceleration program required by EISA Section 439. 

2342 U.S.C. § 8253(f)(9) requires OMB to incorporate this information into its scorecards. In 

the status milestone for energy in OMB’s July 2009 Management Scorecard, 11 agencies 

received a green light, 4 agencies received a yellow light, and 7 agencies received a red 

light. 

Page 53 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

scorecard it issued in January 2009 and included agencies’ progress in 

conducting initial energy and water evaluations in the progress milestone 

of scorecards it issued in July 2009.24

As EISA Section 434 requires, OMB officials reported collecting 

information from agencies on their process for reviewing decisions for 

ensuring that large capital energy investments are cost effective. EISA 

requires each federal agency to ensure that major replacements of 

installed equipment (such as heating and cooling systems), or renovations 

or expansions of existing space, are energy efficient and life cycle cost 

effective.25 OMB provided a report on agencies’ progress to Congress in 

July 2009, as also required by Section 434.26

Section 434 – Management of 

Federal Building Efficiency 

EPA Is Working with DOE 

on Selecting an Energy 

Use Benchmarking System 

and Is Developing Storm 

Water Runoff Guidance 

EPA is working with DOE to select a building energy use benchmarking 

system and is developing storm water runoff guidance. A section-bysection analysis of EPA’s activities follows. 

Because Section 432 of EISA requires DOE to select or develop a building 

energy use benchmarking system to assist agencies in carrying out this 

section, EPA officials told us they are working with DOE to explore the 

Section 432 – Management of 

Energy and Water Efficiency in 

Federal Buildings 

 

24In the progress milestone for energy in OMB’s January 2009 Management Scorecard, 21 

agencies received a green light and 1 agency received a yellow light. In the progress 

milestone for energy in OMB’s July 2009 Management Scorecard, 18 agencies received a 

green light, 3 agencies received a yellow light, and 1 agency received a red light. 

25Section 434 of EISA requires federal agencies to ensure that any large capital energy 

investment in an existing building that is not a major renovation but involves the 

replacement of installed equipment (such as heating and cooling systems), or the 

renovation, rehabilitation, expansion, or remodeling of existing space, employs the most 

energy efficient designs, systems, equipment, and controls that are life cycle cost effective. 

Not later than 180 days after the date of enactment of EISA (June 19, 2008), federal 

agencies must develop a process for reviewing these decisions and report to OMB on the 

process established. 

26Section 434 of EISA requires OMB to evaluate and report to Congress on the compliance 

of each agency not later than 1 year after the date of EISA’s enactment (Dec. 19, 2008). 

According to OMB, of the 22 agencies that OMB tracks as part of its energy management 

scorecard, all 22 agencies reported that they have incorporated language on EISA Section 

434 compliance into existing agency guidance documents. In addition, OMB reports 

including language in its recent guidance to federal agencies on implementation of the 

Recovery Act to require that all federal infrastructure investments using Recovery Act 

funds meet the requirements of Section 434. 

Page 54 GAO-10-22 Federal Energy Management
Appendix III: Status of Agencies’ 

Implementation of Key EISA Requirements 

Contained in Title IV, Subtitle C 

use of the ENERGY STAR program’s Portfolio Manager as the preferred 

benchmarking system for federal agencies. 

Section 438 sets forth requirements for federal facility development or 

redevelopment projects (with a footprint of more than 5,000 square feet) 

to control storm water runoff but does not identify a lead agency for this 

provision. At the request of the Interagency Sustainability Working Group, 

EPA has taken the lead in developing technical guidance for federal 

agencies to implement EISA’s storm water runoff requirements for federal 

buildings. EPA issued its draft technical guidance for comment in 

February 2009. Through the working group, agencies have provided 

comments to EPA on this technical guidance. Issued in October 2009, 

Executive Order 13514—Federal Leadership in Environmental, Energy, 

and Economic Performance directs EPA, in coordination with other 

federal agencies as appropriate, to issue guidance on implementation of 

Section 438 within 60 days of the date of the order. EPA officials said that 

the agency expects to issue guidance by the order’s December 2009 

deadline. 

Section 438 – Storm Water 

Runoff Requirements for 

Federal Development Projects 

Page 55 GAO-10-22 Federal Energy Management
Appendix IV: Comments from the Department Appendix IV: Comments from the of Energy 

Department of Energy 

Page 56 GAO-10-22 Federal Energy Management 
Appendix IV: Comments from the Department 

of Energy 

Page 57 GAO-10-22 Federal Energy Management
Appendix V: Comments from the General Appendix V: Comments from the General Services Administration 

Services Administration 

Note: GAO’s comment 

supplementing those in 

the report text appears at 

the end of this appendix. 

See comment 1. 

Page 58 GAO-10-22 Federal Energy Management 
Appendix V: Comments from the General 

Services Administration 

Page 59 GAO-10-22 Federal Energy Management
Appendix V: Comments from the General 

Services Administration 

Page 60 GAO-10-22 Federal Energy Management
Appendix V: Comments from the General 

Services Administration 

Page 61 GAO-10-22 

The following is GAO’s comment on the General Services Administration’s 

letter dated October 14, 2009. 

1. When we sent the draft of this report to the agencies for official 

comment, it contained a recommendation that the Secretary of Energy, 

the Administrators of EPA and GSA, and the Director of OMB work 

together and, in conjunction with the Interagency Sustainability 

Working Group and the future Federal Green Building Advisory 

Committee, identify and recommend to Congress an entity responsible 

for overseeing the implementation of EISA’s storm water runoff 

requirements for federal development projects so that Congress can 

designate the appropriate entity. During the official comment period, 

Executive Order 13514 was issued, which directs EPA to issue 

guidance on EISA’s storm water runoff requirements, directs agencies 

to follow EPA’s guidance, and directs multiple entities, such as OMB, to 

monitor agencies’ progress in implementing EPA’s guidance. These 

activities appear to address the goal of our recommendation; therefore 

we deleted this recommendation from our final report. 

GAO Comment 

 Federal Energy Management 
Appendix VI: Comments from the Department Appendix VI: Comments from the of Defense 

Department of Defense 

Page 62 GAO-10-22 Federal Energy Management
Appendix VII: GAO Contacts Appendix VII: GAO Contacts and Staff and Staff Acknowledgments 

Acknowledgments 

Terrell Dorn, (202) 512-6923 or DornT@gao.gov

Mark Gaffigan, (202) 512-3841 or GaffiganM@gao.gov

In addition to the individuals named above, other key contributors to this 

report were Steve Cohen and Karla Springer, Assistant Directors; Lauren 

Calhoun; Jean Cook; Elizabeth Eisenstadt; Brandon Haller; Carol Henn; 

Mark Keenan; Susan Michal-Smith; Gary Stofko; Barbara Timmerman; and 

Nicholas Weeks. 

Page 63 GAO-10-22 Federal Energy Management

GAO Contacts 

Staff 

Acknowledgments 

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