II 

Calendar No. 222 

116TH CONGRESS 

1ST SESSION S. 1857 

[Report No. 116–119] 

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 

SEPTEMBER 25, 2019 

Reported by Ms. MURKOWSKI, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Water Management Performance Act of 2019’’. 

4 SEC. 2. ENERGY AND WATER PERFORMANCE REQUIRE5 MENT FOR FEDERAL BUILDINGS. 

6 (a) IN GENERAL.—Section 543 of the National En7 ergy Conservation Policy Act (42 U.S.C. 8253) is amend8 ed— 

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

10 WATER’’ after ‘‘ENERGY’’; 

11 (2) in subsection (a)— 

12 (A) in the subsection heading, by inserting 

13 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

14 (B) by striking paragraph (1) and insert15 ing the following: 

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

17 the head of each Federal agency shall— 

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

19 2030, reduce average building energy intensity 

20 (as measured in British thermal units per gross 

21 square foot) at facilities of the agency by 2.5 

22 percent each fiscal year relative to the average 

23 building energy intensity of the facilities of the 

24 agency in fiscal year 2018; 

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

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1 ment, including stormwater management, at fa2 cilities of the agency by reducing agency potable 

3 water consumption intensity— 

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

5 relative to the water consumption of the 

6 agency in fiscal year 2007, through reduc7 tions of 2 percent each fiscal year (as meas8 ured in gallons per gross square foot); 

9 ‘‘(ii) by reducing the industrial, land10 scaping, and agricultural water consump11 tion of the agency, as compared to a base12 line of that consumption by the agency in 

13 fiscal year 2010, through reductions of 2 

14 percent each fiscal year (as measured in 

15 gallons); and 

16 ‘‘(iii) by installing appropriate infra17 structure features on federally owned prop18 erty to improve stormwater and wastewater 

19 management; and water consumption in20 tensity (as measured in gallons per gross 

21 square foot)— 

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

23 relative to the water consumption of the 

24 agency in fiscal year 2007; and 


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1 ‘‘(ii) through reductions of 2 percent 

2 each fiscal year; and 

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

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

5 measures that are life cycle cost effective (as 

6 defined in subsection (f)(1)).’’; 

7 (C) in paragraph (2)— 

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

9 inserting the following: 

10 ‘‘(2) ENERGY AND WATER INTENSIVE BUILDING

11 EXCLUSION.—An agency’’; and 

12 (ii) in the first sentence, by inserting 

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

14 appears; and 

15 (D) by striking paragraph (3) and insert16 ing the following: 

17 ‘‘(3) RECOMMENDATIONS.—Not later than De18 cember 31, 2029, the Secretary shall— 

19 ‘‘(A) review the results of the implementa20 tion of the energy and water performance re21 quirements established under paragraph (1); 

22 and 

23 ‘‘(B) submit to Congress recommendations 

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1 quirements for fiscal years 2031 through 

2 2040.’’; 

3 (3) in subsection (b)— 

4 (A) in the subsection heading, by inserting 

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

6 (B) by striking paragraph (1) and insert7 ing the following: 

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

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

10 the maximum extent practicable, begin install11 ing in Federal buildings owned by the United 

12 States all energy and water conservation meas13 ures determined by the Secretary to be life cycle 

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

15 and 

16 ‘‘(B) complete the installation described in 

17 subparagraph (A) as soon as practicable after 

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

19 (4) in subsection (c)(1)— 

20 (A) in subparagraph (A)— 

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

22 by striking ‘‘An agency’’ and inserting 

23 ‘‘The head of each agency’’; and 

24 (ii) by inserting ‘‘or water’’ after ‘‘en25 ergy’’ each place it appears; and 


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

2 ‘‘or water’’ after ‘‘energy’’; 

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

4 water’’ after ‘‘energy’’; 

5 (6) in subsection (e)— 

6 (A) in the subsection heading, by inserting 

7 ‘‘AND WATER’’ after ‘‘ENERGY’’; 

8 (B) in paragraph (1)— 

9 (i) in the first sentence— 

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

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

12 (II) by inserting ‘‘and water’’ 

13 after ‘‘energy’’; and 

14 (III) by inserting ‘‘and water’’ 

15 after ‘‘electricity’’; 

16 (ii) in the second sentence, by insert17 ing ‘‘and water’’ after ‘‘electricity’’; and 

18 (iii) in the fourth sentence, by insert19 ing ‘‘and water’’ after ‘‘energy’’; 

20 (C) in paragraph (2)— 

21 (i) in subparagraph (A)— 

22 (I) by striking ‘‘and’’ before 

23 ‘‘Federal’’; and 


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1 (II) by inserting ‘‘and any other 

2 person the Secretary deems nec3 essary,’’ before ‘‘shall’’; 

4 (ii) in subparagraph (B)— 

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

6 ‘‘and water’’ after ‘‘energy’’ each 

7 place it appears; 

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

9 ‘‘and water’’ after ‘‘energy’’; and 

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

11 ‘‘and water’’ after ‘‘energy’’; and 

12 (iii) by adding at the end the fol13 lowing: 

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

15 after the date of enactment of this subpara16 graph, the Secretary shall update the guidelines 

17 established under subparagraph (A) to take into 

18 account water efficiency requirements under 

19 this section.’’; 

20 (D) in paragraph (3), in the matter pre21 ceding subparagraph (A), by striking ‘‘estab22 lished under paragraph (2)’’ and inserting ‘‘up23 dated under paragraph (2)(C)’’; and 

24 (E) in paragraph (4)— 

25 (i) in subparagraph (A)— 


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1 (I) by striking ‘‘this paragraph’’ 

2 and inserting ‘‘the Federal Energy 

3 and Water Management Performance 

4 Act of 2019’’; and 

5 (II) by inserting ‘‘and water’’ be6 fore ‘‘use in’’; and 

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

8 matter preceding clause (I), by inserting 

9 ‘‘and water’’ after ‘‘energy’’; and 

10 (7) in subsection (f)— 

11 (A) in paragraph (2)— 

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

13 ‘‘and water’’ before ‘‘use’’; and 

14 (ii) in subparagraph (B)— 

15 (I) by striking ‘‘energy’’ before 

16 ‘‘efficiency’’; and 

17 (II) by inserting ‘‘or water’’ be18 fore ‘‘use’’; 

19 (B) in paragraph (7)(B)(ii)(II), by insert20 ing ‘‘and water’’ after ‘‘energy’’; and 

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

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

23 after ‘‘energy’’. 

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


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

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

4 SEC. 3. FEDERAL ENERGY MANAGEMENT PROGRAM. 

5 Section 543 of the National Energy Conservation 

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

7 end the following: 

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

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a program, to be known as the ‘Federal Energy 

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

14 energy and water management and energy-related 

15 investment practices— 

16 ‘‘(A) to coordinate and strengthen Federal 

17 energy and water resilience; and 

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

20 ‘‘(2) PROGRAM ACTIVITIES.— 

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

23 Federal Director appointed under paragraph 

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

25 ‘Federal Director’) shall— 


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1 ‘‘(i) provide technical assistance and 

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

5 conservation measures required under this 

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

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

11 methods, and best practices for use by 

12 Federal agencies to select, monitor, and 

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

15 ‘‘(iii) in coordination with the Federal 

16 Acquisition Regulatory Council, establish 

17 appropriate procedures, methods, and best 

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

21 service contractors and utilities; 

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

24 tracking systems and tools for energy and 

25 water management; 


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1 ‘‘(v) coordinate comprehensive and 

2 strategic approaches to energy and water 

3 resilience planning for Federal agencies; 

4 and 

5 ‘‘(vi) establish a recognition program 

6 for Federal achievement in energy and 

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

9 and other relevant areas, through events 

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

12 ‘‘(B) ENERGY AND WATER MANAGEMENT

13 AND REPORTING.—Under the Program, the 

14 Federal Director shall— 

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

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

18 ‘‘(ii) make publicly available annual 

19 Federal agency performance data required 

20 under— 

21 ‘‘(I) this section and sections 544 

22 through 548; and 

23 ‘‘(II) section 203 of the Energy 

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

25 15852); 


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

2 and consumption data from each Federal 

3 agency; and 

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

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

7 energy-related investment practices, and 

8 environmental stewardship of the agency in 

9 support of Federal goals under this Act 

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

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

13 energy efficiency standards; and 

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

18 implement new establish and implement 

19 Federal building sustainable design prin20 ciples for new Federal facilities; 

21 ‘‘(v) manage the implementation of 

22 Federal building energy efficiency stand23 ards and sustainable design principles es24 tablished under section 305 of the Energy 


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1 Conservation and Production Act (42 

2 U.S.C. 6834); and 

3 ‘‘(vi) designate products that meet the 

4 highest energy conservation standards for 

5 categories not covered under the Energy 

6 Star program established under section 

7 324A of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6294a). 

9 ‘‘(C) FEDERAL POLICY COORDINATION.— 

10 Under the Program, the Federal Director 

11 shall— 

12 ‘‘(i) develop and implement accredited 

13 training consistent with existing Federal 

14 programs and activities— 

15 ‘‘(I) relating to energy and water 

16 use, management, and resilience in 

17 Federal buildings, energy-related in18 vestment practices, and environmental 

19 stewardship; and 

20 ‘‘(II) that includes in-person 

21 training, internet-based programs, 

22 and national in-person training 

23 events; 

24 ‘‘(ii) coordinate and facilitate energy 

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1 vestment practices, and environmental 

2 stewardship through the Interagency En3 ergy Management Task Force established 

4 under section 547; and 

5 ‘‘(iii) report on the implementation of 

6 the priorities of the President, including 

7 Executive orders, relating to energy and 

8 water use in Federal buildings, in coordi9 nation with— 

10 ‘‘(I) the Office of Management 

11 and Budget; 

12 ‘‘(II) the Council on Environ13 mental Quality; and 

14 ‘‘(III) any other entity, as consid15 ered necessary by the Federal Direc16 tor. 

17 ‘‘(D) FACILITY AND FLEET OPTIMIZA18 TION.—Under the Program, the Federal Direc19 tor shall develop guidance, supply assistance to, 

20 and track the progress of Federal agencies— 

21 ‘‘(i) in conducting portfolio-wide facil22 ity energy and water resilience planning 

23 and project integration; 

24 ‘‘(ii) in building new construction and 

25 major renovations to meet the sustainable 


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1 design and energy and water performance 

2 standards required under this section; 

3 ‘‘(iii) in developing guidelines for— 

4 ‘‘(I) building commissioning; and 

5 ‘‘(II) facility operations and 

6 maintenance; and 

7 ‘‘(iv) in coordination with the Admin8 istrator of the General Services Adminis9 tration, in meeting statutory and agency 

10 goals for Federal fleet vehicles. 

11 ‘‘(3) FEDERAL DIRECTOR.— 

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

13 appoint an individual to serve as Federal Direc14 tor of the Program, which shall be a career po15 sition in the Senior Executive service, to man16 age the Program and carry out the activities of 

17 the Program described in paragraph (2). 

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

19 shall— 

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

21 the Program; 

22 ‘‘(ii) provide leadership in energy and 

23 water management, energy-related invest24 ment practices, and environmental stew25 ardship through coordination with Federal 


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1 agencies and other appropriate entities; 

2 and 

3 ‘‘(iii) establish a management council 

4 to advise the Federal Director that shall— 

5 ‘‘(I) convene not less frequently 

6 than once every quarter; and 

7 ‘‘(II) consist of representatives 

8 from— 

9 ‘‘(aa) the Council on Envi10 ronmental Quality; 

11 ‘‘(bb) the Office of Manage12 ment and Budget; and 

13 ‘‘(cc) the Office of Federal 

14 High-Performance Green Build15 ings in the General Services Ad16 ministration. 

17 ‘‘(4) SAVINGS CLAUSE.—Nothing in this sub18 section impedes, supersedes, or alters the authority 

19 of the Secretary to carry out the remainder of this 

20 section or section 305 of the Energy Conservation 

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

22 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated to the Sec24 retary to carry out this subsection $36,000,000 for 

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


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Calendar No. 222 

116TH CONGRESS 

1ST SESSION S. 1857 

[Report No. 116–119] 

A BILL 

To amend the National Energy Conservation Policy 

gram. establish a Federal Energy Management Proformance requirements for Federal buildings and Act to improve Federal energy and water perSEPTEMBER 25, 2019 

Reported with amendments 


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