II 

Calendar No. 265 

116TH CONGRESS 

1ST SESSION H. R. 1420 

[Report No. 116–145] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2019 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

OCTOBER 23, 2019 

Reported by Ms. MURKOWSKI, without amendment 

AN ACT 

To amend the Energy Independence and Security Act of 

2007 to promote energy efficiency via information and 

computing technologies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Efficient Gov5 ernment Technology Act’’. 


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1 SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR2 MATION TECHNOLOGIES. 

3 (a) IN GENERAL.—Subtitle C of title V of the Energy 

4 Independence and Security Act of 2007 (Public Law 110– 

5 140; 121 Stat. 1661) is amended by adding at the end 

6 the following: 

7 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR8 MATION TECHNOLOGIES. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

11 the Director of the Office of Management and Budg12 et. 

13 ‘‘(2) INFORMATION TECHNOLOGY.—The term 

14 ‘information technology’ has the meaning given that 

15 term in section 11101 of title 40, United States 

16 Code. 

17 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT18 EGY.—Not later than 1 year after the date of enactment 

19 of this section, each Federal agency shall coordinate with 

20 the Director, the Secretary, and the Administrator of the 

21 Environmental Protection Agency to develop an implemen22 tation strategy (that includes best practices and measure23 ment and verification techniques) for the maintenance, 

24 purchase, and use by the Federal agency of energy-effi25 cient and energy-saving information technologies at or for 

26 federally owned and operated facilities, taking into considVerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420

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1 eration the performance goals established under sub2 section (d). 

3 ‘‘(c) ADMINISTRATION.—In developing an implemen4 tation strategy under subsection (b), each Federal agency 

5 shall consider— 

6 ‘‘(1) advanced metering infrastructure; 

7 ‘‘(2) energy-efficient data center strategies and 

8 methods of increasing asset and infrastructure utili9 zation; 

10 ‘‘(3) advanced power management tools; 

11 ‘‘(4) building information modeling, including 

12 building energy management; 

13 ‘‘(5) secure telework and travel substitution 

14 tools; and 

15 ‘‘(6) mechanisms to ensure that the agency re16 alizes the energy cost savings brought about through 

17 increased efficiency and utilization. 

18 ‘‘(d) PERFORMANCE GOALS.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after the date of enactment of this section, the Di21 rector, in consultation with the Secretary, shall es22 tablish performance goals for evaluating the efforts 

23 of Federal agencies in improving the maintenance, 

24 purchase, and use of energy-efficient and energy-savVerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420

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1 ing information technology at or for federally owned 

2 and operated facilities. 

3 ‘‘(2) BEST PRACTICES.—The Chief Information 

4 Officers Council established under section 3603 of 

5 title 44, United States Code, shall recommend best 

6 practices for the attainment of the performance 

7 goals, which shall include Federal agency consider8 ation of, to the extent applicable by law, the use 

9 of— 

10 ‘‘(A) energy savings performance con11 tracting; and 

12 ‘‘(B) utility energy services contracting. 

13 ‘‘(e) REPORTS.— 

14 ‘‘(1) AGENCY REPORTS.—Each Federal agency 

15 shall include in the report of the agency under sec16 tion 527 a description of the efforts and results of 

17 the agency under this section. 

18 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

19 AND SCORECARDS.—Effective beginning not later 

20 than October 1, 2019, the Director shall include in 

21 the annual report and scorecard of the Director re22 quired under section 528 a description of the efforts 

23 and results of Federal agencies under this section.’’. 

24 (b) CONFORMING AMENDMENT.—The table of con25 tents for the Energy Independence and Security Act of 


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1 2007 is amended by adding after the item relating to sec2 tion 529 the following: 

‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. 

3 SEC. 3. ENERGY EFFICIENT DATA CENTERS. 

4 Section 453 of the Energy Independence and Security 

5 Act of 2007 (42 U.S.C. 17112) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (2)(D)(iv), by striking 

8 ‘‘determined by the organization’’ and inserting 

9 ‘‘proposed by the stakeholders’’; and 

10 (B) by striking paragraph (3); and 

11 (2) by striking subsections (c) through (g) and 

12 inserting the following: 

13 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 

14 and the Administrator shall carry out subsection (b) in 

15 collaboration with information technology industry and 

16 other key stakeholders, with the goal of producing results 

17 that accurately reflect the most relevant and useful infor18 mation. In such collaboration, the Secretary and the Ad19 ministrator shall pay particular attention to organizations 

20 that— 

21 ‘‘(1) have members with expertise in energy ef22 ficiency and in the development, operation, and 

23 functionality of data centers, information technology 

24 equipment, and software, such as representatives of 


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1 hardware manufacturers, data center operators, and 

2 facility managers; 

3 ‘‘(2) obtain and address input from Department 

4 of Energy National Laboratories or any college, uni5 versity, research institution, industry association, 

6 company, or public interest group with applicable ex7 pertise; 

8 ‘‘(3) follow— 

9 ‘‘(A) commonly accepted procedures for 

10 the development of specifications; and 

11 ‘‘(B) accredited standards development 

12 processes; and 

13 ‘‘(4) have a mission to promote energy effi14 ciency for data centers and information technology. 

15 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 

16 Secretary and the Administrator shall consider and assess 

17 the adequacy of the specifications, measurements, best 

18 practices, and benchmarks described in subsection (b) for 

19 use by the Federal Energy Management Program, the En20 ergy Star Program, and other efficiency programs of the 

21 Department of Energy or the Environmental Protection 

22 Agency. 

23 ‘‘(e) STUDY.—The Secretary, in collaboration with 

24 the Administrator, shall, not later than 4 years after the 

25 date of enactment of the Energy Efficient Government 


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1 Technology Act, make available to the public an update 

2 to the report of the Lawrence Berkeley National Labora3 tory entitled ‘United States Data Center Energy Usage 

4 Report’ and dated June, 2016 (prepared as an update to 

5 the Report to Congress on Server and Data Center Energy 

6 Efficiency, published on August 2, 2007, under section 1 

7 of Public Law 109–431 (120 Stat. 2920)), that includes— 

8 ‘‘(1) a comparison and gap analysis of the esti9 mates and projections contained in the report with 

10 new data regarding the period from 2015 through 

11 2019; 

12 ‘‘(2) an analysis considering the impact of in13 formation technologies, including virtualization and 

14 cloud computing, in the public and private sectors; 

15 ‘‘(3) an evaluation of the impact of the com16 bination of cloud platforms, mobile devices, social 

17 media, and big data on data center energy usage; 

18 ‘‘(4) an evaluation of water usage in data cen19 ters and recommendations for reductions in such 

20 water usage; and 

21 ‘‘(5) updated projections and recommendations 

22 for best practices through fiscal year 2025. 

23 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO24 GRAM.—The Secretary, in collaboration with key stake25 holders and the Director of the Office of Management and 


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1 Budget, shall maintain a data center energy practitioner 

2 program that leads to the certification of energy practi3 tioners qualified to evaluate the energy usage and effi4 ciency opportunities in federally owned and operated data 

5 centers. Each Federal agency shall consider having the 

6 data centers of the agency evaluated every 4 years, in ac7 cordance with section 543(f) of the National Energy Con8 servation Policy Act, by energy practitioners certified pur9 suant to such program. 

10 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col11 laboration with key stakeholders and the Office of Man12 agement and Budget, shall establish an open data initia13 tive relating to energy usage at federally owned and oper14 ated data centers, with the purpose of making such data 

15 available and accessible in a manner that encourages fur16 ther data center innovation, optimization, and consolida17 tion. In establishing the initiative, the Secretary shall con18 sider the use of the online Data Center Maturity Model. 

19 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

20 METRICS.—The Secretary, in collaboration with key 

21 stakeholders, shall actively participate in efforts to har22 monize global specifications and metrics for data center 

23 energy and water efficiency. 

24 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec25 retary, in collaboration with key stakeholders, shall faciliVerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420

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1 tate in the development of an efficiency metric that meas2 ures the energy efficiency of a data center (including 

3 equipment and facilities). 

4 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 

5 The Secretary and the Administrator shall not disclose 

6 any proprietary information or trade secrets provided by 

7 any individual or company for the purposes of carrying 

8 out this section or the programs and initiatives established 

9 under this section.’’. 

10 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 

11 The budgetary effects of this Act, for the purpose of 

12 complying with the Statutory Pay-As-You-Go Act of 2010, 

13 shall be determined by reference to the latest statement 

14 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

15 Act, submitted for printing in the Congressional Record 

16 by the Chairman of the House Budget Committee, pro17 vided that such statement has been submitted prior to the 

18 vote on passage. 


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Calendar No. 265 

116TH CONGRESS 

1ST SESSION H. R. 1420 

[Report No. 116–145] 

AN ACT 

To amend the Energy Independence and Security 

other purposes. formation and computing technologies, and for Act of 2007 to promote energy efficiency via inOCTOBER 23, 2019 

Reported without amendment 


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