I 

116TH CONGRESS 

1ST SESSION H. R. 1420 

To amend the Energy Independence and Security Act of 2007 to promote 

energy efficiency via information and computing technologies, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2019 

Ms. ESHOO (for herself, Mr. KINZINGER, Mr. WELCH, and Mr. TONKO) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

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’’. 

6 SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR7 MATION TECHNOLOGIES. 

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

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


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1 140; 121 Stat. 1661) is amended by adding at the end 

2 the following: 

3 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR4 MATION TECHNOLOGIES. 

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

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

7 the Director of the Office of Management and Budg8 et. 

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

10 ‘information technology’ has the meaning given that 

11 term in section 11101 of title 40, United States 

12 Code. 

13 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT14 EGY.—Not later than 1 year after the date of enactment 

15 of this section, each Federal agency shall coordinate with 

16 the Director, the Secretary, and the Administrator of the 

17 Environmental Protection Agency to develop an implemen18 tation strategy (that includes best practices and measure19 ment and verification techniques) for the maintenance, 

20 purchase, and use by the Federal agency of energy-effi21 cient and energy-saving information technologies at or for 

22 federally owned and operated facilities, taking into consid23 eration the performance goals established under sub24 section (d). 


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1 ‘‘(c) ADMINISTRATION.—In developing an implemen2 tation strategy under subsection (b), each Federal agency 

3 shall consider— 

4 ‘‘(1) advanced metering infrastructure; 

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

6 methods of increasing asset and infrastructure utili7 zation; 

8 ‘‘(3) advanced power management tools; 

9 ‘‘(4) building information modeling, including 

10 building energy management; 

11 ‘‘(5) secure telework and travel substitution 

12 tools; and 

13 ‘‘(6) mechanisms to ensure that the agency re14 alizes the energy cost savings brought about through 

15 increased efficiency and utilization. 

16 ‘‘(d) PERFORMANCE GOALS.— 

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

18 after the date of enactment of this section, the Di19 rector, in consultation with the Secretary, shall es20 tablish performance goals for evaluating the efforts 

21 of Federal agencies in improving the maintenance, 

22 purchase, and use of energy-efficient and energy-sav23 ing information technology at or for federally owned 

24 and operated facilities. 


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

2 Officers Council established under section 3603 of 

3 title 44, United States Code, shall recommend best 

4 practices for the attainment of the performance 

5 goals, which shall include Federal agency consider6 ation of, to the extent applicable by law, the use 

7 of— 

8 ‘‘(A) energy savings performance con9 tracting; and 

10 ‘‘(B) utility energy services contracting. 

11 ‘‘(e) REPORTS.— 

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

13 shall include in the report of the agency under sec14 tion 527 a description of the efforts and results of 

15 the agency under this section. 

16 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

17 AND SCORECARDS.—Effective beginning not later 

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

19 the annual report and scorecard of the Director re20 quired under section 528 a description of the efforts 

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

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for the Energy Independence and Security Act of 

24 2007 is amended by adding after the item relating to sec25 tion 529 the following: 

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


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1 SEC. 3. ENERGY EFFICIENT DATA CENTERS. 

2 Section 453 of the Energy Independence and Security 

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

4 (1) in subsection (b)— 

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

6 ‘‘determined by the organization’’ and inserting 

7 ‘‘proposed by the stakeholders’’; and 

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

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

10 inserting the following: 

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

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

13 collaboration with information technology industry and 

14 other key stakeholders, with the goal of producing results 

15 that accurately reflect the most relevant and useful infor16 mation. In such collaboration, the Secretary and the Ad17 ministrator shall pay particular attention to organizations 

18 that— 

19 ‘‘(1) have members with expertise in energy ef20 ficiency and in the development, operation, and 

21 functionality of data centers, information technology 

22 equipment, and software, such as representatives of 

23 hardware manufacturers, data center operators, and 

24 facility managers; 

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

26 of Energy National Laboratories or any college, uniVerDate Sep 11 2014 04:03 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.IH H1420

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1 versity, research institution, industry association, 

2 company, or public interest group with applicable ex3 pertise; 

4 ‘‘(3) follow— 

5 ‘‘(A) commonly accepted procedures for 

6 the development of specifications; and 

7 ‘‘(B) accredited standards development 

8 processes; and 

9 ‘‘(4) have a mission to promote energy effi10 ciency for data centers and information technology. 

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

12 Secretary and the Administrator shall consider and assess 

13 the adequacy of the specifications, measurements, best 

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

15 use by the Federal Energy Management Program, the En16 ergy Star Program, and other efficiency programs of the 

17 Department of Energy or the Environmental Protection 

18 Agency. 

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

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

21 date of enactment of the Energy Efficient Government 

22 Technology Act, make available to the public an update 

23 to the report of the Lawrence Berkeley National Labora24 tory entitled ‘United States Data Center Energy Usage 

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


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1 the Report to Congress on Server and Data Center Energy 

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

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

4 ‘‘(1) a comparison and gap analysis of the esti5 mates and projections contained in the report with 

6 new data regarding the period from 2015 through 

7 2019; 

8 ‘‘(2) an analysis considering the impact of in9 formation technologies, including virtualization and 

10 cloud computing, in the public and private sectors; 

11 ‘‘(3) an evaluation of the impact of the com12 bination of cloud platforms, mobile devices, social 

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

14 ‘‘(4) an evaluation of water usage in data cen15 ters and recommendations for reductions in such 

16 water usage; and 

17 ‘‘(5) updated projections and recommendations 

18 for best practices through fiscal year 2025. 

19 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO20 GRAM.—The Secretary, in collaboration with key stake21 holders and the Director of the Office of Management and 

22 Budget, shall maintain a data center energy practitioner 

23 program that leads to the certification of energy practi24 tioners qualified to evaluate the energy usage and effi25 ciency opportunities in federally owned and operated data 


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1 centers. Each Federal agency shall consider having the 

2 data centers of the agency evaluated every 4 years, in ac3 cordance with section 543(f) of the National Energy Con4 servation Policy Act, by energy practitioners certified pur5 suant to such program. 

6 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col7 laboration with key stakeholders and the Office of Man8 agement and Budget, shall establish an open data initia9 tive relating to energy usage at federally owned and oper10 ated data centers, with the purpose of making such data 

11 available and accessible in a manner that encourages fur12 ther data center innovation, optimization, and consolida13 tion. In establishing the initiative, the Secretary shall con14 sider the use of the online Data Center Maturity Model. 

15 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

16 METRICS.—The Secretary, in collaboration with key 

17 stakeholders, shall actively participate in efforts to har18 monize global specifications and metrics for data center 

19 energy and water efficiency. 

20 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec21 retary, in collaboration with key stakeholders, shall facili22 tate in the development of an efficiency metric that meas23 ures the energy efficiency of a data center (including 

24 equipment and facilities). 


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

2 The Secretary and the Administrator shall not disclose 

3 any proprietary information or trade secrets provided by 

4 any individual or company for the purposes of carrying 

5 out this section or the programs and initiatives established 

6 under this section.’’. 

Æ 


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