HR 6 PCS 
‘‘(3) Not later than 180 days after the date of enact-
ment of this paragraph, the Secretary shall issue guide-
lines that establish criteria for exclusions under paragraph 
(1).’’. 
(f) RETENTION OF ENERGY AND WATER SAVINGS.— 
Section 546 of the National Energy Conservation Policy 
Act (42 U.S.C. 8256) is amended by adding at the end 
the following new subsection: 
‘‘(e) RETENTION
OF ENERGY
AND WATER SAV-
INGS.—An agency may retain any funds appropriated to 
that agency for energy expenditures, water expenditures, 
or wastewater treatment expenditures, at buildings subject 
to the requirements of section 543(a) and (b), that are 
not made because of energy savings or water savings. Ex-
cept as otherwise provided by law, such funds may be used 
only for energy efficiency, water conservation, or uncon-
ventional and renewable energy resources projects.’’. 
(g) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 
amended— 
(1) in the subsection heading, by inserting 
‘‘THE PRESIDENT AND’’ before ‘‘CONGRESS’’; and 
(2) by inserting ‘‘President and’’ before ‘‘Con-
gress’’.
HR 6 PCS 
(h) CONFORMING AMENDMENT.—Section 550(d) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8258b(d)) is amended in the second sentence by striking 
‘‘the 20 percent reduction goal established under section 
543(a) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(a)).’’ and inserting ‘‘each of the energy 
reduction goals established under section 543(a).’’. 
SEC. 103. ENERGY USE MEASUREMENT AND ACCOUNT-
ABILITY. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is further amended by adding 
at the end the following: 
‘‘(e) METERING OF ENERGY USE.— 
‘‘(1) DEADLINE.—By October 1, 2012, in ac-
cordance with guidelines established by the Sec-
retary under paragraph (2), all Federal buildings 
shall, for the purposes of efficient use of energy and 
reduction in the cost of electricity used in such 
buildings, be metered or submetered. Each agency 
shall use, to the maximum extent practicable, ad-
vanced meters or advanced metering devices that 
provide data at least daily and that measure at least 
hourly consumption of electricity in the Federal 
buildings of the agency. Such data shall be incor-
porated into existing Federal energy tracking sys-
HR 6 PCS 
tems and made available to Federal facility energy 
managers. 
‘‘(2) GUIDELINES.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary, in consultation with the 
Department of Defense, the General Services 
Administration, representatives from the meter-
ing industry, utility industry, energy services in-
dustry, energy efficiency industry, energy effi-
ciency advocacy organizations, national labora-
tories, universities, and Federal facility energy 
managers, shall establish guidelines for agencies 
to carry out paragraph (1). 
‘‘(B) REQUIREMENTS FOR GUIDELINES.— 
The guidelines shall— 
‘‘(i) take into consideration— 
‘‘(I) the cost of metering and 
submetering and the reduced cost of 
operation and maintenance expected 
to result from metering and sub-
metering; 
‘‘(II) the extent to which meter-
ing and submetering are expected to 
result in increased potential for en-
HR 6 PCS 
ergy management, increased potential 
for energy savings and energy effi-
ciency improvement, and cost and en-
ergy savings due to utility contract 
aggregation; and 
‘‘(III) 
the 
measurement 
and 
verification protocols of the Depart-
ment of Energy; 
‘‘(ii) include recommendations con-
cerning the amount of funds and the num-
ber of trained personnel necessary to gath-
er and use the metering information to 
track and reduce energy use; 
‘‘(iii) establish priorities for types and 
locations of buildings to be metered and 
submetered based on cost-effectiveness and 
a schedule of 1 or more dates, not later 
than 1 year after the date of issuance of 
the guidelines, on which the requirements 
specified in paragraph (1) shall take effect; 
and 
‘‘(iv) establish exclusions from the re-
quirements specified in paragraph (1) 
based on the de minimis quantity of energy
HR 6 PCS 
use of a Federal building, industrial proc-
ess, or structure. 
‘‘(3) PLAN.—Not later than 6 months after the 
date guidelines are established under paragraph (2), 
in a report submitted by the agency under section 
548(a), each agency shall submit to the Secretary a 
plan describing how the agency will implement the 
requirements of paragraph (1), including (A) how 
the agency will designate personnel primarily respon-
sible for achieving the requirements and (B) dem-
onstration by the agency, complete with documenta-
tion, of any finding that advanced meters or ad-
vanced metering devices, as defined in paragraph 
(1), are not practicable.’’. 
SEC. 104. PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS. 
(a) REQUIREMENTS.—Part 3 of title V of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8251 
et seq.), as amended by section 101, is amended by adding 
at the end the following: 
‘‘SEC. 553. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS. 
‘‘(a) DEFINITIONS.—In this section:
HR 6 PCS 
‘‘(1) AGENCY.—The term ‘agency’ has the 
meaning given that term in section 7902(a) of title 
5, United States Code. 
‘‘(2) ENERGY STAR PRODUCT.—The term ‘En-
ergy Star product’ means a product that is rated for 
energy efficiency under an Energy Star program. 
‘‘(3) ENERGY STAR PROGRAM.—The term ‘En-
ergy Star program’ means the program established 
by section 324A of the Energy Policy and Conserva-
tion Act. 
‘‘(4) FEMP DESIGNATED PRODUCT.—The term 
‘FEMP designated product’ means a product that is 
designated under the Federal Energy Management 
Program of the Department of Energy as being 
among the highest 25 percent of equivalent products 
for energy efficiency. 
‘‘(b) PROCUREMENT OF ENERGY EFFICIENT PROD-
UCTS.— 
‘‘(1) REQUIREMENT.—To meet the require-
ments of an agency for an energy consuming prod-
uct, the head of the agency shall, except as provided 
in paragraph (2), procure— 
‘‘(A) an Energy Star product; or 
‘‘(B) a FEMP designated product.
HR 6 PCS 
‘‘(2) EXCEPTIONS.—The head of an agency is 
not required to procure an Energy Star product or 
FEMP designated product under paragraph (1) if 
the head of the agency finds in writing that— 
‘‘(A) an Energy Star product or FEMP 
designated product is not cost-effective over the 
life of the product taking energy cost savings 
into account; or 
‘‘(B) no Energy Star product or FEMP 
designated product is reasonably available that 
meets the functional requirements of the agen-
cy. 
‘‘(3) PROCUREMENT PLANNING.—The head of 
an agency shall incorporate into the specifications 
for all procurements involving energy consuming 
products and systems, including guide specifications, 
project specifications, and construction, renovation, 
and services contracts that include provision of en-
ergy consuming products and systems, and into the 
factors for the evaluation of offers received for the 
procurement, criteria for energy efficiency that are 
consistent with the criteria used for rating Energy 
Star products and for rating FEMP designated 
products.