II 

116TH CONGRESS 

1ST SESSION S. 1857 

To amend the National Energy Conservation Policy Act to improve Federal 

energy and water performance requirements for Federal buildings and 

establish a Federal Energy Management Program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2019 

Ms. MURKOWSKI (for herself, Mr. MANCHIN, Mr. PORTMAN, Mrs. SHAHEEN, 

Mr. GARDNER, and Ms. HIRONO) introduced the following bill; which was 

read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the National Energy Conservation Policy Act to 

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

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Energy and 

5 Water Management Performance Act of 2019’’. 


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

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

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

7 WATER’’ after ‘‘ENERGY’’; 

8 (2) in subsection (a)— 

9 (A) in the subsection heading, by inserting 

10 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

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

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

14 the head of each Federal agency shall— 

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

16 2030, reduce average building energy intensity 

17 (as measured in British thermal units per gross 

18 square foot) at facilities of the agency by 2.5 

19 percent each fiscal year relative to the average 

20 building energy intensity of the facilities of the 

21 agency in fiscal year 2018; 

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

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


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1 water consumption intensity (as measured in 

2 gallons per gross square foot)— 

3 ‘‘(i) by 54 percent by fiscal year 2030, 

4 relative to the water consumption of the 

5 agency in fiscal year 2007; and 

6 ‘‘(ii) through reductions of 2 percent 

7 each fiscal year; and 

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

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

10 measures that are life cycle cost effective (as 

11 defined in subsection (f)(1)).’’; 

12 (C) in paragraph (2)— 

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

14 inserting the following: 

15 ‘‘(2) ENERGY AND WATER INTENSIVE BUILDING

16 EXCLUSION.—An agency’’; and 

17 (ii) in the first sentence, by inserting 

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

19 appears; and 

20 (D) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) RECOMMENDATIONS.—Not later than De23 cember 31, 2029, the Secretary shall— 

24 ‘‘(A) review the results of the implementa25 tion of the energy and water performance reVerDate Sep 11 2014 18:36 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.IS S1857

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1 quirements established under paragraph (1); 

2 and 

3 ‘‘(B) submit to Congress recommendations 

4 concerning energy and water performance re5 quirements for fiscal years 2031 through 

6 2040.’’; 

7 (3) in subsection (b)— 

8 (A) in the subsection heading, by inserting 

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

10 (B) by striking paragraph (1) and insert11 ing the following: 

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

13 ‘‘(A) not later than October 1, 2019, to 

14 the maximum extent practicable, begin install15 ing in Federal buildings owned by the United 

16 States all energy and water conservation meas17 ures determined by the Secretary to be life cycle 

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

19 and 

20 ‘‘(B) complete the installation described in 

21 subparagraph (A) as soon as practicable after 

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

23 (4) in subsection (c)(1)— 

24 (A) in subparagraph (A)— 


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

2 by striking ‘‘An agency’’ and inserting 

3 ‘‘The head of each agency’’; and 

4 (ii) by inserting ‘‘or water’’ after ‘‘en5 ergy’’ each place it appears; and 

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

7 ‘‘or water’’ after ‘‘energy’’; 

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

9 water’’ after ‘‘energy’’; 

10 (6) in subsection (e)— 

11 (A) in the subsection heading, by inserting 

12 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

13 (B) in paragraph (1)— 

14 (i) in the first sentence— 

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

16 and inserting ‘‘October 1, 2020’’; 

17 (II) by inserting ‘‘and water’’ 

18 after ‘‘energy’’; and 

19 (III) by inserting ‘‘and water’’ 

20 after ‘‘electricity’’; 

21 (ii) in the second sentence, by insert22 ing ‘‘and water’’ after ‘‘electricity’’; and 

23 (iii) in the fourth sentence, by insert24 ing ‘‘and water’’ after ‘‘energy’’; 

25 (C) in paragraph (2)— 


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1 (i) in subparagraph (A)— 

2 (I) by striking ‘‘and’’ before 

3 ‘‘Federal’’; and 

4 (II) by inserting ‘‘and any other 

5 person the Secretary deems nec6 essary,’’ before ‘‘shall’’; 

7 (ii) in subparagraph (B)— 

8 (I) in clause (i)(II), by inserting 

9 ‘‘and water’’ after ‘‘energy’’ each 

10 place it appears; 

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

12 ‘‘and water’’ after ‘‘energy’’; and 

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

14 ‘‘and water’’ after ‘‘energy’’; and 

15 (iii) by adding at the end the fol16 lowing: 

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

18 after the date of enactment of this subpara19 graph, the Secretary shall update the guidelines 

20 established under subparagraph (A) to take into 

21 account water efficiency requirements under 

22 this section.’’; 

23 (D) in paragraph (3), in the matter pre24 ceding subparagraph (A), by striking ‘‘estabVerDate Sep 11 2014 18:36 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.IS S1857

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1 lished under paragraph (2)’’ and inserting ‘‘up2 dated under paragraph (2)(C)’’; and 

3 (E) in paragraph (4)— 

4 (i) in subparagraph (A)— 

5 (I) by striking ‘‘this paragraph’’ 

6 and inserting ‘‘the Federal Energy 

7 and Water Management Performance 

8 Act of 2019’’; and 

9 (II) by inserting ‘‘and water’’ be10 fore ‘‘use in’’; and 

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

12 matter preceding clause (I), by inserting 

13 ‘‘and water’’ after ‘‘energy’’; and 

14 (7) in subsection (f)— 

15 (A) in paragraph (2)— 

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

17 ‘‘and water’’ before ‘‘use’’; and 

18 (ii) in subparagraph (B)— 

19 (I) by striking ‘‘energy’’ before 

20 ‘‘efficiency’’; and 

21 (II) by inserting ‘‘or water’’ be22 fore ‘‘use’’; 

23 (B) in paragraph (7)(B)(ii)(II), by insert24 ing ‘‘and water’’ after ‘‘energy’’; and 


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1 (C) in paragraph (9)(A), in the matter 

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

3 after ‘‘energy’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents for the National Energy Conservation Policy Act 

6 (Public Law 95–619; 92 Stat. 3206) is amended by strik7 ing the item relating to section 543 and inserting the fol8 lowing: 

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

9 SEC. 3. FEDERAL ENERGY MANAGEMENT PROGRAM. 

10 Section 543 of the National Energy Conservation 

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

12 end the following: 

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

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish a program, to be known as the ‘Federal Energy 

16 Management Program’ (referred to in this sub17 section as the ‘Program’), to facilitate the implemen18 tation by the Federal Government of cost-effective 

19 energy and water management and energy-related 

20 investment practices— 

21 ‘‘(A) to coordinate and strengthen Federal 

22 energy and water resilience; and 

23 ‘‘(B) to promote environmental steward24 ship. 

25 ‘‘(2) PROGRAM ACTIVITIES.— 


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1 ‘‘(A) STRATEGIC PLANNING AND TECH2 NICAL ASSISTANCE.—Under the Program, the 

3 Federal Director appointed under paragraph 

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

5 ‘Federal Director’) shall— 

6 ‘‘(i) provide technical assistance and 

7 project implementation support and guid8 ance to Federal agencies to identify, imple9 ment, procure, and track energy and water 

10 conservation measures required under this 

11 Act and under other provisions of law (in12 cluding regulations); 

13 ‘‘(ii) in coordination with the Admin14 istrator of the General Services Adminis15 tration, establish appropriate procedures, 

16 methods, and best practices for use by 

17 Federal agencies to select, monitor, and 

18 terminate contracts entered into under sec19 tion 546 with utilities; 

20 ‘‘(iii) in coordination with the Federal 

21 Acquisition Regulatory Council, establish 

22 appropriate procedures, methods, and best 

23 practices for use by Federal agencies to se24 lect, monitor, and terminate contracts enVerDate Sep 11 2014 18:36 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.IS S1857

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1 tered into under section 801 with energy 

2 service contractors and utilities; 

3 ‘‘(iv) establish and maintain internet4 based information resources and project 

5 tracking systems and tools for energy and 

6 water management; 

7 ‘‘(v) coordinate comprehensive and 

8 strategic approaches to energy and water 

9 resilience planning for Federal agencies; 

10 and 

11 ‘‘(vi) establish a recognition program 

12 for Federal achievement in energy and 

13 water management, energy-related invest14 ment practices, environmental stewardship, 

15 and other relevant areas, through events 

16 such as individual recognition award cere17 monies and public announcements. 

18 ‘‘(B) ENERGY AND WATER MANAGEMENT

19 AND REPORTING.—Under the Program, the 

20 Federal Director shall— 

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

22 of Federal agencies in meeting the require23 ments of the agency under this section; 


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1 ‘‘(ii) make publicly available annual 

2 Federal agency performance data required 

3 under— 

4 ‘‘(I) this section and sections 544 

5 through 548; and 

6 ‘‘(II) section 203 of the Energy 

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

8 15852); 

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

10 and consumption data from each Federal 

11 agency; and 

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

13 each Federal agency a report that will fa14 cilitate the energy and water management, 

15 energy-related investment practices, and 

16 environmental stewardship of the agency in 

17 support of Federal goals under this Act 

18 and under other provisions of law (includ19 ing regulations); 

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

21 energy efficiency standards; and 

22 ‘‘(II) in consultation with the Admin23 istrator of the General Services Adminis24 tration, acting through the head of the Of25 fice of High-Performance Green Buildings, 


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1 implement new Federal building sustain2 able design principles for new Federal fa3 cilities; 

4 ‘‘(v) manage the implementation of 

5 Federal building energy efficiency stand6 ards and sustainable design principles es7 tablished under section 305 of the Energy 

8 Conservation and Production Act (42 

9 U.S.C. 6834); and 

10 ‘‘(vi) designate products for categories 

11 not covered under the Energy Star pro12 gram established under section 324A of 

13 the Energy Policy and Conservation Act 

14 (42 U.S.C. 6294a). 

15 ‘‘(C) FEDERAL POLICY COORDINATION.— 

16 Under the Program, the Federal Director 

17 shall— 

18 ‘‘(i) develop and implement accredited 

19 training consistent with existing Federal 

20 programs and activities— 

21 ‘‘(I) relating to energy and water 

22 use, management, and resilience in 

23 Federal buildings, energy-related in24 vestment practices, and environmental 

25 stewardship; and 


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1 ‘‘(II) that includes in-person 

2 training, internet-based programs, 

3 and national in-person training 

4 events; 

5 ‘‘(ii) coordinate and facilitate energy 

6 and water management, energy-related in7 vestment practices, and environmental 

8 stewardship through the Interagency En9 ergy Management Task Force established 

10 under section 547; and 

11 ‘‘(iii) report on the implementation of 

12 the priorities of the President, including 

13 Executive orders, relating to energy and 

14 water use in Federal buildings, in coordi15 nation with— 

16 ‘‘(I) the Office of Management 

17 and Budget; 

18 ‘‘(II) the Council on Environ19 mental Quality; and 

20 ‘‘(III) any other entity, as consid21 ered necessary by the Federal Direc22 tor. 

23 ‘‘(D) FACILITY AND FLEET OPTIMIZA24 TION.—Under the Program, the Federal DirecVerDate Sep 11 2014 18:36 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1857.IS S1857

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1 tor shall develop guidance, supply assistance to, 

2 and track the progress of Federal agencies— 

3 ‘‘(i) in conducting portfolio-wide facil4 ity energy and water resilience planning 

5 and project integration; 

6 ‘‘(ii) in building new construction and 

7 major renovations to meet the sustainable 

8 design and energy and water performance 

9 standards required under this section; 

10 ‘‘(iii) in developing guidelines for— 

11 ‘‘(I) building commissioning; and 

12 ‘‘(II) facility operations and 

13 maintenance; and 

14 ‘‘(iv) in coordination with the Admin15 istrator of the General Services Adminis16 tration, in meeting statutory and agency 

17 goals for Federal fleet vehicles. 

18 ‘‘(3) FEDERAL DIRECTOR.— 

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

20 appoint an individual to serve as Federal Direc21 tor of the Program, which shall be a career po22 sition in the Senior Executive service, to man23 age the Program and carry out the activities of 

24 the Program described in paragraph (2). 


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1 ‘‘(B) DUTIES.—The Federal Director 

2 shall— 

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

4 the Program; 

5 ‘‘(ii) provide leadership in energy and 

6 water management, energy-related invest7 ment practices, and environmental stew8 ardship through coordination with Federal 

9 agencies and other appropriate entities; 

10 and 

11 ‘‘(iii) establish a management council 

12 to advise the Federal Director that shall— 

13 ‘‘(I) convene not less frequently 

14 than once every quarter; and 

15 ‘‘(II) consist of representatives 

16 from— 

17 ‘‘(aa) the Council on Envi18 ronmental Quality; 

19 ‘‘(bb) the Office of Manage20 ment and Budget; and 

21 ‘‘(cc) the Office of Federal 

22 High-Performance Green Build23 ings in the General Services Ad24 ministration. 


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1 ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub2 section impedes, supersedes, or alters the authority 

3 of the Secretary to carry out the remainder of this 

4 section or section 305 of the Energy Conservation 

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

6 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to the Sec8 retary to carry out this subsection $36,000,000 for 

9 each of fiscal years 2020 through 2030.’’. 

Æ 


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