I 

113TH CONGRESS 

1ST SESSION H. R. 540 

To amend the National Energy Conservation Policy Act and 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 6, 2013 

Ms. ESHOO (for herself, Mr. ROGERS of Michigan, Mr. WELCH, Mr. MCKINLEY, Mr. TONKO, and Mr. GARDNER) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend the National Energy Conservation Policy Act and 

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 AND COMMUNICATIONS TECH3 NOLOGIES. 

4 Section 543 of the National Energy Conservation 

5 Policy Act (42 U.S.C. 8253) is amended— 

6 (1) by redesignating the second subsection (f) 

7 (relating to large capital energy investments) as sub8 section (g); and 

9 (2) by adding at the end the following: 

10 ‘‘(h) FEDERAL IMPLEMENTATION STRATEGY FOR

11 ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION

12 AND COMMUNICATIONS TECHNOLOGIES.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this subsection, each Fed15 eral agency shall collaborate with the Director of the 

16 Office of Management and Budget (referred to in 

17 this subsection as the ‘Director’) to develop an im18 plementation strategy (including best-practices and 

19 measurement and verification techniques) for the 

20 maintenance, purchase, and use by the Federal 

21 agency of energy-efficient and energy-saving infor22 mation and communications technologies and prac23 tices. Each implementation strategy shall be flexible, 

24 cost-effective, and based on the specific operating re25 quirements and statutory mission of the agency. 


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1 ‘‘(2) ADMINISTRATION.—In developing an im2 plementation strategy, each Federal agency shall— 

3 ‘‘(A) consider information and communica4 tions technologies (ICT) and related infrastruc5 ture and practices, such as— 

6 ‘‘(i) advanced metering infrastructure; 

7 ‘‘(ii) ICT services and products; 

8 ‘‘(iii) efficient data center strategies 

9 and methods of increasing ICT asset and 

10 related infrastructure utilization; 

11 ‘‘(iv) ICT and related infrastructure 

12 power management; 

13 ‘‘(v) building information modeling, 

14 including building energy management; 

15 and 

16 ‘‘(vi) secure telework and travel sub17 stitution tools; and 

18 ‘‘(B) ensure that the agency realizes the 

19 savings and rewards brought about through in20 creased efficiency and utilization. 

21 ‘‘(3) PERFORMANCE GOALS.— 

22 ‘‘(A) IN GENERAL.—Not later than 180 

23 days after the date of enactment of this sub24 section, the Director, in consultation with the 

25 Secretary, shall establish performance goals for 


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1 evaluating the efforts of Federal agencies in im2 proving the maintenance, purchase, and use of 

3 energy-efficient and energy-saving information 

4 and communications technology systems and 

5 practices. 

6 ‘‘(B) ENERGY EFFICIENT DATA CEN7 TERS.—The Director shall include within the 

8 performance goals established under this para9 graph— 

10 ‘‘(i) specifications and benchmarks 

11 that will enable Federal data center opera12 tors to make more informed decisions 

13 about the energy efficiency and cost sav14 ings of data centers, including an overall 

15 Federal target for increased energy effi16 ciency, with initial reliance on the Power 

17 Usage Effectiveness metric; 

18 ‘‘(ii) overall ICT asset utilization and 

19 related infrastructure utilization; and 

20 ‘‘(iii) recommendations and best prac21 tices for how the benchmarks will be at22 tained, with such recommendations to in23 clude a requirement for agencies to evalu24 ate the use of energy savings performance 


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1 contracting as a preferred acquisition 

2 method for data center efficiency. 

3 ‘‘(C) ADMINISTRATION.—The performance 

4 goals established under this paragraph shall— 

5 ‘‘(i) measure information technology 

6 costs over a specific time period of 3 to 5 

7 years; 

8 ‘‘(ii) measure cost savings attained via 

9 the use of energy-efficient and energy-sav10 ing information and communications solu11 tions during the same time period; and 

12 ‘‘(iii) provide, to the maximum extent 

13 practicable, a complete picture of all costs 

14 and savings, including energy costs and 

15 savings. 

16 ‘‘(4) FEDERAL DATA CENTERS TASK FORCE.— 

17 The Director shall maintain a Government-wide 

18 Data Center Task Force comprised of Federal data 

19 center program managers, facilities managers, and 

20 sustainability officers. The members of such task 

21 force shall be responsible for working together to 

22 share progress toward individual agency goals and 

23 the overall Federal target for increased energy effi24 ciency, and shall regularly exchange best practices 


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1 and other strategic information related to energy ef2 ficiency with the private sector. 

3 ‘‘(5) REPORTS.— 

4 ‘‘(A) AGENCY REPORTS.—Each Federal 

5 agency subject to the requirements of this sub6 section shall include in the report of the agency 

7 under section 527 of the Energy Independence 

8 and Security Act of 2007 (42 U.S.C. 17143) a 

9 description of the efforts and results of the 

10 agency under this subsection. 

11 ‘‘(B) OMB GOVERNMENT EFFICIENCY RE12 PORTS AND SCORECARDS.—Effective beginning 

13 not later than October 1, 2013, the Director 

14 shall include in the annual report and scorecard 

15 of the Director required under section 528 of 

16 the Energy Independence and Security Act of 

17 2007 (42 U.S.C. 17144) a description of the ef18 forts and results of Federal agencies under this 

19 subsection.’’. 

20 SEC. 3. ENERGY EFFICIENT DATA CENTERS. 

21 Section 453 of the Energy Independence and Security 

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

23 (1) by amending subsection (c)(1) to read as 

24 follows: 


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1 ‘‘(1) IN GENERAL.—Not later than 30 days 

2 after the date of enactment of the Energy Efficient 

3 Government Technology Act, the Secretary and the 

4 Administrator shall designate an established infor5 mation technology industry organization to coordi6 nate the program described in subsection (b), and 

7 shall make such designation public, including on an 

8 appropriate website.’’; 

9 (2) by amending subsections (e) and (f) to read 

10 as follows: 

11 ‘‘(e) STUDY.—The Secretary, with assistance from 

12 the Administrator, shall— 

13 ‘‘(1) not later than December 31, 2013, make 

14 available to the public an update to the Report to 

15 Congress on Server and Data Center Energy Effi16 ciency published on August 2, 2007, under Public 

17 Law 109–431, providing— 

18 ‘‘(A) a comparison and gap analysis of the 

19 estimates and projections contained in the origi20 nal report with new data regarding the period 

21 from 2007 though 2012; 

22 ‘‘(B) an analysis considering the impact of 

23 ICT asset and related infrastructure utilization 

24 solutions, to include virtualization and cloud 


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1 computing-based solutions, in the public and 

2 private sectors; and 

3 ‘‘(C) updated projections and recommenda4 tions for best practices; and 

5 ‘‘(2) collaborate with the organization des6 ignated under subsection (c) in preparing such re7 port. 

8 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO9 GRAM.—The Secretary, in collaboration with the organiza10 tion designated under subsection (c) and the United 

11 States Chief Information Officer in the Office of Manage12 ment and Budget, shall maintain a data center energy 

13 practitioner program that leads to the certification of en14 ergy practitioners qualified to evaluate the energy usage 

15 and efficiency opportunities in data centers. Each Federal 

16 agency shall have its data centers evaluated annually by 

17 energy practitioners certified pursuant to such program, 

18 whenever practicable using certified practitioners em19 ployed by that agency.’’; 

20 (3) by redesignating subsection (g) as sub21 section (j); and 

22 (4) by inserting after subsection (f) the fol23 lowing new subsections: 

24 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col25 laboration with the organization designated under subVerDate Mar 15 2010 03:25 Feb 15, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H540.IH H540

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1 section (c) and the United States Chief Information Offi2 cer in the Office of Management and Budget, shall estab3 lish an open data initiative for Federal data center energy 

4 usage data, with the purpose of making such data avail5 able and accessible in a manner that empowers further 

6 data center innovation while protecting United States na7 tional security interests. In establishing this initiative, the 

8 Secretary shall consider use of the online Data Center Ma9 turity Model. 

10 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

11 METRICS.—The Secretary, in collaboration with the orga12 nization designated under subsection (c), shall actively 

13 participate in efforts to harmonize global specifications 

14 and metrics for data center energy efficiency. 

15 ‘‘(i) ICT ASSET UTILIZATION METRIC.—The Sec16 retary, in collaboration with the organization designated 

17 under subsection (c), shall assist in the development of 

18 an efficiency metric that measures the energy efficiency 

19 of the overall data center, including information tech20 nology systems and related infrastructure.’’. 

Æ 


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