‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Di-
rector, in consultation with the Secretary, shall es-
tablish performance goals for evaluating the efforts 
of Federal agencies in improving the maintenance, 
purchase, and use of energy-efficient and energy-sav-
ing information technology. 
‘‘(2) BEST PRACTICES.—The Chief Information 
Officers Council established under section 3603 of 
title 44, United States Code, shall recommend best 
practices for the attainment of the performance 
goals, which shall include Federal agency consider-
ation of the use of— 
‘‘(A) energy savings performance con-
tracting; and 
‘‘(B) utility energy services contracting. 
‘‘(e) REPORTS.— 
‘‘(1) AGENCY REPORTS.—Each Federal agency 
shall include in the report of the agency under sec-
tion 527 a description of the efforts and results of 
the agency under this section. 
‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS 
AND
SCORECARDS.—Effective beginning not later 
than October 1, 2015, the Director shall include in 
the annual report and scorecard of the Director re-
quired under section 528 a description of the efforts 
and results of Federal agencies under this section.’’. 
SEC. 303. ENERGY EFFICIENT DATA CENTERS. 
Section 453 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17112) is amended— 
(1) by striking subsection (b)(3); and 
(2) by striking subsections (c) through (g) and 
inserting the following: 
‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 
and the Administrator shall carry out subsection (b) in 
collaboration with information technology industry and 
other key stakeholders, with the goal of producing results 
that accurately reflect the best knowledge in the most per-
tinent domains. In such collaboration, the Secretary and 
the Administrator shall pay particular attention to organi-
zations that— 
‘‘(1) have members with expertise in energy ef-
ficiency and in the development, operation, and 
functionality of data centers, information technology 
equipment, and software, such as representatives of 
hardware manufacturers, data center operators, and 
facility managers; 
‘‘(2) obtain and address input from Department 
of Energy National Laboratories or any college, uni-
versity, research institution, industry association,
company, or public interest group with applicable ex-
pertise; 
‘‘(3) follow— 
‘‘(A) commonly accepted procedures for 
the development of specifications; and 
‘‘(B) accredited standards development 
processes; and 
‘‘(4) have a mission to promote energy effi-
ciency for data centers and information technology. 
‘‘(d) MEASUREMENTS
AND SPECIFICATIONS.—The 
Secretary and the Administrator shall consider and assess 
the adequacy of the specifications, measurements, and 
benchmarks described in subsection (b) for use by the 
Federal Energy Management Program, the Energy Star 
Program, and other efficiency programs of the Depart-
ment of Energy or the Environmental Protection Agency. 
‘‘(e) STUDY.—The Secretary, in collaboration with 
the Administrator, shall, not later than 18 months after 
the date of enactment of the Energy Efficient Government 
Technology Act, make available to the public an update 
to the Report to Congress on Server and Data Center En-
ergy Efficiency published on August 2, 2007, under sec-
tion 1 of Public Law 109–431 (120 Stat. 2920), that pro-
vides—
‘‘(1) a comparison and gap analysis of the esti-
mates and projections contained in the original re-
port with new data regarding the period from 2007 
through 2014; 
‘‘(2) an analysis considering the impact of in-
formation technologies, to include virtualization and 
cloud computing, in the public and private sectors; 
‘‘(3) an evaluation of the impact of the com-
bination of cloud platforms, mobile devices, social 
media, and big data on data center energy usage; 
and 
‘‘(4) updated projections and recommendations 
for best practices through fiscal year 2020. 
‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO-
GRAM.—The Secretary, in collaboration with key stake-
holders and the Director of the Office of Management and 
Budget, shall maintain a data center energy practitioner 
program that leads to the certification of energy practi-
tioners qualified to evaluate the energy usage and effi-
ciency opportunities in Federal data centers. Each Federal 
agency shall consider having the data centers of the agen-
cy evaluated every 4 years by energy practitioners certified 
pursuant to such program, whenever practicable using cer-
tified practitioners employed by the agency.
‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col-
laboration with key stakeholders and the Office of Man-
agement and Budget, shall establish an open data initia-
tive for Federal data center energy usage data, with the 
purpose of making such data available and accessible in 
a manner that encourages further data center innovation, 
optimization, and consolidation. In establishing the initia-
tive, the Secretary shall consider the use of the online 
Data Center Maturity Model. 
‘‘(h) 
INTERNATIONAL
SPECIFICATIONS
AND 
METRICS.—The Secretary, in collaboration with key 
stakeholders, shall actively participate in efforts to har-
monize global specifications and metrics for data center 
energy efficiency. 
‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec-
retary, in collaboration with key stakeholders, shall facili-
tate in the development of an efficiency metric that meas-
ures the energy efficiency of a data center (including 
equipment and facilities). 
‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary and the Administrator shall not disclose 
any proprietary information or trade secrets provided by 
any individual or company for the purposes of carrying 
out this section or the programs and initiatives established 
under this section.’’.
TITLE 
IV—ENERGY 
INFORMA-
TION 
FOR 
COMMERCIAL 
BUILDINGS 
SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILD-
INGS. 
(a) REQUIREMENT OF BENCHMARKING AND DISCLO-
SURE FOR LEASING BUILDINGS WITHOUT ENERGY STAR 
LABELS.—Section 435(b)(2) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is 
amended— 
(1) by striking ‘‘paragraph (2)’’ and inserting 
‘‘paragraph (1)’’; and 
(2) by striking ‘‘signing the contract,’’ and all 
that follows through the period at the end and in-
serting the following: 
‘‘signing the contract, the following requirements are 
met: 
‘‘(A) The space is renovated for all energy 
efficiency and conservation improvements that 
would be cost effective over the life of the lease, 
including improvements in lighting, windows, 
and heating, ventilation, and air conditioning 
systems. 
‘‘(B)(i) Subject to clause (ii), the space is 
benchmarked under a nationally recognized, on-
line, free benchmarking program, with public 
disclosure, unless the space is a space for which 
owners cannot access whole building utility con-
sumption data, including spaces— 
‘‘(I) that are located in States with 
privacy laws that provide that utilities shall 
not provide such aggregated information to 
multitenant building owners; and 
‘‘(II) for which tenants do not provide 
energy consumption information to the 
commercial building owner in response to a 
request from the building owner. 
‘‘(ii) A Federal agency that is a tenant of 
the space shall provide to the building owner, or 
authorize the owner to obtain from the utility, 
the energy consumption information of the 
space for the benchmarking and disclosure re-
quired by this subparagraph.’’. 
(b) STUDY.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of 
Energy, in collaboration with the Administrator of 
the Environmental Protection Agency, shall complete 
a study— 
(A) on the impact of—
(i) 
State 
and 
local 
performance 
benchmarking and disclosure policies, and 
any associated building efficiency policies, 
for commercial and multifamily buildings; 
and 
(ii) programs and systems in which 
utilities provide aggregated information re-
garding whole building energy consumption 
and usage information to owners of multi-
tenant commercial, residential, and mixed- 
use buildings; 
(B) that identifies best practice policy ap-
proaches studied under subparagraph (A) that 
have resulted in the greatest improvements in 
building energy efficiency; and 
(C) that considers— 
(i) compliance rates and the benefits 
and costs of the policies and programs on 
building owners, utilities, tenants, and 
other parties; 
(ii) utility practices, programs, and 
systems that provide aggregated energy 
consumption information to multitenant 
building owners, and the impact of public
utility commissions and State privacy laws 
on those practices, programs, and systems; 
(iii) exceptions to compliance in exist-
ing laws where building owners are not 
able to gather or access whole building en-
ergy information from tenants or utilities; 
(iv) the treatment of buildings with— 
(I) multiple uses; 
(II) uses for which baseline infor-
mation is not available; and 
(III) uses that require high levels 
of energy intensities, such as data 
centers, trading floors, and televisions 
studios; 
(v) implementation practices, includ-
ing disclosure methods and phase-in of 
compliance; 
(vi) 
the 
safety 
and 
security 
of 
benchmarking tools offered by government 
agencies, and the resiliency of those tools 
against cyber-attacks; and 
(vii) international experiences with re-
gard to building benchmarking and disclo-
sure laws and data aggregation for multi-
tenant buildings.
(2) SUBMISSION TO CONGRESS.—At the conclu-
sion of the study, the Secretary shall submit to the 
Committee on Energy and Commerce of the House 
of Representatives and Committee on Energy and 
Natural Resources of the Senate a report on the re-
sults of the study. 
(c) CREATION AND MAINTENANCE OF DATABASE.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act and following 
opportunity for public notice and comment, the Sec-
retary of Energy, in coordination with other relevant 
agencies, shall maintain, and if necessary create, a 
database for the purpose of storing and making 
available public energy-related information on com-
mercial and multifamily buildings, including— 
(A) data provided under Federal, State, 
local, and other laws or programs regarding 
building benchmarking and energy information 
disclosure; 
(B) information on buildings that have dis-
closed energy ratings and certifications; and 
(C) energy-related information on buildings 
provided voluntarily by the owners of the build-
ings, only in an anonymous form unless the 
owner provides otherwise.
(2) COMPLEMENTARY
PROGRAMS.—The data-
base maintained pursuant to paragraph (1) shall 
complement and not duplicate the functions of the 
Environmental Protection Agency’s Energy Star 
Portfolio Manager tool. 
(d) INPUT FROM STAKEHOLDERS.—The Secretary of 
Energy shall seek input from stakeholders to maximize the 
effectiveness of the actions taken under this section. 
(e) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and every 2 years thereafter, 
the Secretary of Energy shall submit to the Committee 
on Energy and Commerce of the House of Representatives 
and Committee on Energy and Natural Resources of the 
Senate a report on the progress made in complying with 
this section. 
Passed the House of Representatives March 5, 
2014. 
Attest: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 2126 
AN ACT 
To promote energy efficiency, and for other 
purposes.