I 
116TH CONGRESS 
1ST SESSION H. R. 3962 
To promote energy savings in residential buildings and industry, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2019 
Mr. WELCH (for himself and Mr. MCKINLEY) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committees on Transportation and Infrastructure, 
Science, Space, and Technology, Financial Services, the Budget, and 
Oversight and Reform, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To promote energy savings in residential buildings and 
industry, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Energy Savings and Industrial Competitiveness Act of 
2019’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
Sec. 1. Short title; table of contents. 
Sec. 2. Definition of Secretary. 
TITLE I—BUILDINGS 
Subtitle A—Building Energy Codes 
Sec. 101. Greater energy efficiency in building codes. 
Sec. 102. Cost-effective codes implementation for efficiency and resilience. 
Sec. 103. Commercial building energy consumption information sharing. 
Subtitle B—Worker Training and Capacity Building 
Sec. 111. Building training and assessment centers. 
Sec. 112. Career skills training. 
Subtitle C—School Buildings 
Sec. 121. Coordination of energy retrofitting assistance for schools. 
TITLE II—INDUSTRIAL EFFICIENCY AND COMPETITIVENESS 
Subtitle A—Manufacturing Energy Efficiency 
Sec. 201. Purposes. 
Sec. 202. Future of Industry program and industrial research and assessment 
centers. 
Sec. 203. Sustainable manufacturing initiative. 
Sec. 204. Conforming amendments. 
Subtitle B—Extended Product System Rebate Program 
Sec. 211. Extended Product System Rebate Program. 
Subtitle C—Transformer Rebate Program 
Sec. 221. Energy Efficient Transformer Rebate Program. 
TITLE III—FEDERAL AGENCY ENERGY EFFICIENCY 
Sec. 301. Energy-efficient and energy-saving information technologies. 
Sec. 302. Energy efficient data centers. 
TITLE IV—REGULATORY PROVISIONS 
Subtitle A—Third-Party Certification Under Energy Star Program 
Sec. 401. Third-Party Certification Under Energy Star Program. 
Subtitle B—Federal Green Buildings 
Sec. 411. High-performance green Federal buildings. 
Subtitle C—Energy and Water Performance Requirements for Federal 
Buildings 
Sec. 421. Energy and water performance requirements for Federal buildings. 
Sec. 422. Federal Energy Management Program. 
Sec. 423. Federal building energy efficiency performance standards; certifi-
cation system and level for green buildings. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
Sec. 424. Enhanced energy efficiency underwriting. 
TITLE V—MISCELLANEOUS 
Sec. 501. Budgetary effects. 
Sec. 502. Advance appropriations required. 
SEC. 2. DEFINITION OF SECRETARY. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Energy. 
TITLE I—BUILDINGS 
Subtitle A—Building Energy Codes 
SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed— 
(1) by striking paragraph (14) and inserting 
the following: 
‘‘(14) MODEL BUILDING ENERGY CODE.—The 
term ‘model building energy code’ means a voluntary 
building energy code or standard developed and up-
dated by interested persons, such as the code or 
standard developed by— 
‘‘(A) the Council of American Building Of-
ficials, or its legal successor, International Code 
Council, Inc.; 
‘‘(B) the American Society of Heating, Re-
frigerating, and Air-Conditioning Engineers; or 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(C) other appropriate organizations.’’; 
and 
(2) by adding at the end the following: 
‘‘(17) IECC.—The term ‘IECC’ means the 
International Energy Conservation Code. 
‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103).’’. 
(b) 
STATE
BUILDING
ENERGY
EFFICIENCY 
CODES.—Section 304 of the Energy Conservation and 
Production Act (42 U.S.C. 6833) is amended to read as 
follows: 
‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-
CIENCY CODES. 
‘‘(a) VOLUNTARY CODES
AND STANDARDS.—Not-
withstanding any other provision of this section, any 
model building code or standard established under section 
304 shall not be binding on a State, local government, or 
Indian tribe as a matter of Federal law. 
‘‘(b) ACTION BY SECRETARY.—The Secretary shall— 
‘‘(1) encourage and support the adoption of 
building energy codes by States, Indian tribes, and, 
as appropriate, by local governments that meet or 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
exceed the model building energy codes, or achieve 
equivalent or greater energy savings; and 
‘‘(2) support full compliance with the State and 
local codes. 
‘‘(c) STATE AND INDIAN TRIBE CERTIFICATION OF 
BUILDING ENERGY CODE UPDATES.— 
‘‘(1) REVIEW
AND
UPDATING
OF
CODES
BY 
EACH STATE AND INDIAN TRIBE.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of publication of a revision to a 
model building energy code, each State or In-
dian tribe shall certify whether the State or In-
dian tribe, respectively, has reviewed and up-
dated the energy provisions of the building code 
of the State or Indian tribe, respectively. 
‘‘(B) DEMONSTRATION.—The certification 
shall include a demonstration of whether the 
energy savings for the code provisions that are 
in effect throughout the territory of the State 
or Indian tribe meet or exceed the energy sav-
ings of the updated model building energy code. 
‘‘(C) NO MODEL BUILDING ENERGY CODE 
UPDATE.—If a model building energy code is 
not updated by a target date established under 
section 307(b)(2)(E), each State or Indian tribe 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(A) at least 90 percent of building space 
covered by the code in the preceding year sub-
stantially meets all the requirements of the ap-
plicable code specified in paragraph (1), or 
achieves equivalent or greater energy savings 
level; or 
‘‘(B) the estimated excess energy use of 
buildings that did not meet the applicable code 
specified in paragraph (1) in the preceding 
year, compared to a baseline of comparable 
buildings that meet this code, is not more than 
5 percent of the estimated energy use of all 
buildings covered by this code during the pre-
ceding year. 
‘‘(4) 
SIGNIFICANT
PROGRESS
TOWARD 
ACHIEVEMENT OF COMPLIANCE.—A State or Indian 
tribe shall be considered to have made significant 
progress toward achieving compliance for purposes 
of paragraph (1) if the State or Indian tribe— 
‘‘(A) has developed and is implementing a 
plan for achieving compliance during the 8- 
year-period beginning on the date of enactment 
of the Energy Savings and Industrial Competi-
tiveness Act of 2019, including annual targets 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
for compliance and active training and enforce-
ment programs; and 
‘‘(B) has met the most recent target under 
subparagraph (A). 
‘‘(5) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the State or In-
dian tribe has demonstrated meeting the cri-
teria of this subsection, including accurate 
measurement of compliance; and 
‘‘(B) if the determination is positive, vali-
date the certification. 
‘‘(e) STATES
OR INDIAN TRIBES THAT DO NOT 
ACHIEVE COMPLIANCE.— 
‘‘(1) REPORTING.—A State or Indian tribe that 
has not made a certification required under sub-
section (c) or (d) by the applicable deadline shall 
submit to the Secretary a report describing— 
‘‘(A) the status of the State or Indian tribe 
with respect to meeting the requirements and 
submitting the certification; and 
‘‘(B) a plan for meeting the requirements 
and submitting the certification. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(2) FEDERAL SUPPORT.—For any State or In-
dian tribe for which the Secretary has not validated 
a certification by a deadline under subsection (c) or 
(d), the lack of the certification may be a consider-
ation for Federal support authorized under this sec-
tion for code adoption and compliance activities. 
‘‘(3) LOCAL
GOVERNMENT.—In any State or 
Indian tribe for which the Secretary has not vali-
dated a certification under subsection (c) or (d), a 
local government may be eligible for Federal support 
under subsections (f) and (g) by meeting the certifi-
cation requirements of subsections (c) and (d). 
‘‘(4) REPORTS BY SECRETARY.— 
‘‘(A) IN
GENERAL.—Not later than De-
cember 31, 2020, and not less frequently than 
once every 3 years thereafter, the Secretary 
shall submit to Congress and publish a report 
describing— 
‘‘(i) the status of model building en-
ergy codes; 
‘‘(ii) the status of code adoption and 
compliance in the States and Indian tribes; 
‘‘(iii) implementation of this section; 
and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(iv) improvements in energy savings 
over time as result of the targets estab-
lished under section 307(b)(2). 
‘‘(B) IMPACTS.—The report shall include 
estimates of impacts of past action under this 
section, and potential impacts of further action, 
on— 
‘‘(i) upfront financial and construction 
costs, cost benefits and returns (using in-
vestment analysis), and lifetime energy use 
for buildings; 
‘‘(ii) resulting energy costs to individ-
uals and businesses; and 
‘‘(iii) resulting overall annual building 
ownership and operating costs. 
‘‘(f) TECHNICAL ASSISTANCE TO STATES AND IN-
DIAN TRIBES.—The Secretary shall provide technical as-
sistance to States and Indian tribes to implement the goals 
and requirements of this section, including procedures and 
technical analysis for States and Indian tribes— 
‘‘(1) to improve and implement State residential 
and commercial building energy codes; 
‘‘(2) to demonstrate that the code provisions of 
the States and Indian tribes achieve equivalent or 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
greater energy savings than the model building en-
ergy codes and targets; 
‘‘(3) to document the rate of compliance with a 
building energy code; and 
‘‘(4) to otherwise promote the design and con-
struction of energy- and water-efficient buildings. 
‘‘(g) AVAILABILITY OF INCENTIVE FUNDING.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
incentive funding to States and Indian tribes— 
‘‘(A) to implement the requirements of this 
section; 
‘‘(B) to improve and implement residential 
and commercial building energy codes, including 
increasing and verifying compliance with the 
codes and training of State, tribal, and local 
building code officials to implement and enforce 
the codes; and 
‘‘(C) to promote building energy and water 
efficiency through the use of the codes and 
standards. 
‘‘(2) ADDITIONAL FUNDING.—Additional fund-
ing shall be provided under this subsection for im-
plementation of a plan to achieve and document full 
compliance with residential and commercial building 
energy codes under subsection (d)— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(A) to a State or Indian tribe for which 
the Secretary has validated a certification under 
subsection (c) or (d); and 
‘‘(B) in a State or Indian tribe that is not 
eligible under subparagraph (A), to a local gov-
ernment that is eligible under this section. 
‘‘(3) TRAINING.—Of the amounts made avail-
able under this subsection, the State or Indian tribe 
may use amounts required, but not to exceed 
$750,000 for a State, to train State and local build-
ing code officials to implement and enforce codes de-
scribed in paragraph (2). 
‘‘(4) LOCAL GOVERNMENTS.—States may share 
grants under this subsection with local governments 
that implement and enforce the codes. 
‘‘(h) STRETCH
CODES
AND
ADVANCED
STAND-
ARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical and financial support for the development 
of stretch codes and advanced standards for residen-
tial and commercial buildings for use as— 
‘‘(A) an option for adoption as a building 
energy code by local, tribal, or State govern-
ments; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(B) guidelines for energy-efficient build-
ing design. 
‘‘(2) TARGETS.—The stretch codes and ad-
vanced standards shall be designed— 
‘‘(A) to achieve substantial energy savings 
compared to the model building energy codes; 
and 
‘‘(B) to meet targets under section 307(b), 
if available, at least 3 to 6 years in advance of 
the target years. 
‘‘(i) STUDIES.—The Secretary, in consultation with 
building science experts from the National Laboratories 
and institutions of higher education, designers and build-
ers of energy-efficient residential and commercial build-
ings, code officials, code and standards developers, and 
other stakeholders, shall undertake a study of the feasi-
bility, impact, economics, and merit of— 
‘‘(1) code and standards improvements that 
would require that buildings be designed, sited, and 
constructed in a manner that makes the buildings 
more adaptable in the future to become zero-net-en-
ergy after initial construction, as advances are 
achieved in energy-saving technologies; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(2) code procedures to incorporate measured 
lifetimes, not just first-year energy use, in trade-offs 
and performance calculations; 
‘‘(3) legislative options for increasing energy 
savings from building energy codes and standards, 
including additional incentives for effective State 
and local action, and verification of compliance with 
and enforcement of a code or standard other than by 
a State or local government; and 
‘‘(4) code and standards improvements that 
consider energy efficiency and water efficiency and, 
to the maximum extent practicable, consider energy 
efficiency and water efficiency in an integrated man-
ner. 
‘‘(j) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion or section 307 supersedes or modifies the application 
of sections 321 through 346 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291 et seq.). 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
and section 307 $200,000,000, to remain available until 
expended.’’. 
(c) FEDERAL
BUILDING
ENERGY
EFFICIENCY 
STANDARDS.—Section 305 of the Energy Conservation 
and Production Act (42 U.S.C. 6834) is amended by strik-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
ing ‘‘voluntary building energy code’’ each place it appears 
in subsections (a)(2)(B) and (b) and inserting ‘‘model 
building energy code’’. 
(d) MODEL BUILDING ENERGY CODES.—Section 307 
of the Energy Conservation and Production Act (42 
U.S.C. 6836) is amended to read as follows: 
‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 
CODES. 
‘‘(a) IN GENERAL.—The Secretary shall support the 
updating of model building energy codes. 
‘‘(b) TARGETS.— 
‘‘(1) IN GENERAL.—The Secretary shall sup-
port the updating of the model building energy codes 
to enable the achievement of aggregate energy sav-
ings targets established under paragraph (2). 
‘‘(2) TARGETS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
work with State, Indian tribes, local govern-
ments, code and standards developers (such as 
the entities described in section 303(14)), and 
other interested parties to support the updating 
of model building energy codes by establishing 
1 or more national aggregate energy savings 
targets to achieve the purposes of this section. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(B) SEPARATE TARGETS.—The Secretary 
shall establish separate targets for commercial 
and residential buildings. 
‘‘(C) BASELINES.—The baseline for updat-
ing model building energy codes shall be the 
2009 IECC for residential buildings and 
ASHRAE Standard 90.1–2010 for commercial 
buildings. 
‘‘(D) CODE CYCLES.—The targets estab-
lished under subparagraph (A) shall align with 
the respective code development cycles deter-
mined by the model building energy code-setting 
and standards development organizations de-
scribed in section 303(14). 
‘‘(E) SPECIFIC YEARS.— 
‘‘(i) IN GENERAL.—Targets for spe-
cific years shall be established and revised 
by the Secretary through rulemaking and 
coordinated with code and standards devel-
opers (such as the entities described in sec-
tion 303(14)) at a level that— 
‘‘(I) is at the maximum level of 
energy efficiency that is techno-
logically feasible and lifecycle cost ef-
fective, while accounting for the eco-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
nomic considerations under paragraph 
(4); 
‘‘(II) is higher than the preceding 
target; 
‘‘(III) promotes the achievement 
of commercial and residential high- 
performance buildings (as defined in 
section 401 of the Energy Independ-
ence and Security Act of 2007 (42 
U.S.C. 17061)) through high perform-
ance energy efficiency; and 
‘‘(IV) takes into consideration 
the variations in climate zones used in 
model building energy codes. 
‘‘(ii) INITIAL
TARGETS.—Not later 
than 1 year after the date of enactment of 
this clause, the Secretary shall establish 
initial targets under this subparagraph. 
‘‘(iii) DIFFERENT
TARGET
YEARS.— 
Subject to clause (i), prior to the applica-
ble year, the Secretary may set a later tar-
get year for any of the model building en-
ergy codes described in subparagraph (A) 
if the Secretary determines that a target 
cannot be met. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(iv) SMALL BUSINESS.—When estab-
lishing 
targets 
under 
this 
paragraph 
through rulemaking, the Secretary shall 
ensure compliance with the Small Business 
Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 601 note; Public Law 104– 
121). 
‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-
TORS AFFECTING BUILDING ENERGY USE.—In es-
tablishing building code targets under paragraph 
(2), the Secretary shall develop and adjust the tar-
gets in recognition of potential savings and costs re-
lating to— 
‘‘(A) efficiency gains made in appliances, 
lighting, windows, insulation, and building enve-
lope sealing; 
‘‘(B) advancement of distributed genera-
tion and on-site renewable power generation 
technologies; 
‘‘(C) equipment improvements for heating, 
cooling, and ventilation systems; 
‘‘(D) building management systems and 
smart technologies to reduce energy use; and 
‘‘(E) other technologies, practices, and 
building systems that the Secretary considers 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
appropriate regarding building plug load and 
other energy uses. 
‘‘(4) ECONOMIC
CONSIDERATIONS.—In estab-
lishing and revising building code targets under 
paragraph (2), the Secretary shall consider the eco-
nomic feasibility of achieving the proposed targets 
established under this section and the potential costs 
and savings for consumers and building owners, in-
cluding a return on investment analysis. 
‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING 
ENERGY CODE-SETTING AND STANDARDS DEVELOPMENT 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall, on a 
timely basis, provide technical assistance to model 
building energy code-setting and standards develop-
ment organizations consistent with the goals of this 
section. 
‘‘(2) ASSISTANCE.—The assistance shall in-
clude, as requested by the organizations, technical 
assistance in— 
‘‘(A) evaluating code or standards pro-
posals or revisions; 
‘‘(B) building energy and water analysis 
and design tools; 
‘‘(C) building demonstrations; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(D) developing definitions of energy use 
intensity and building types for use in model 
building energy codes to evaluate the efficiency 
impacts of the model building energy codes; 
‘‘(E) performance-based standards; 
‘‘(F) evaluating economic considerations 
under subsection (b)(4); and 
‘‘(G) developing model building energy 
codes by Indian tribes in accordance with tribal 
law. 
‘‘(3) AMENDMENT PROPOSALS.—The Secretary 
may submit timely model building energy code 
amendment proposals to the model building energy 
code-setting and standards development organiza-
tions, with supporting evidence, sufficient to enable 
the model building energy codes to meet the targets 
established under subsection (b)(2). 
‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 
shall make publicly available the entire calculation 
methodology (including input assumptions and data) 
used by the Secretary to estimate the energy savings 
of code or standard proposals and revisions. 
‘‘(d) DETERMINATION.— 
‘‘(1) REVISION OF MODEL BUILDING ENERGY 
CODES.—If the provisions of the IECC or ASHRAE 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
Standard 90.1 regarding building energy use are 
proposed to be revised, the Secretary shall make a 
preliminary determination, by not later than 90 days 
after the date of receipt of the proposed revision, 
and a final determination by not later than 15 
months after the date of publication of the revision, 
regarding whether the revision will— 
‘‘(A) improve energy efficiency in build-
ings, as compared to the existing model build-
ing energy code; and 
‘‘(B) meet the applicable targets under 
subsection (b)(2). 
‘‘(2) CODES OR STANDARDS NOT MEETING TAR-
GETS.— 
‘‘(A) PRELIMINARY
DETERMINATION
BY 
SECRETARY.—If the Secretary makes a prelimi-
nary determination under paragraph (1)(B) 
that a code or standard does not meet an appli-
cable target under subsection (b)(2), the Sec-
retary shall contemporaneously provide to the 
developer of the model building energy code or 
standard not fewer than 2 proposed changes 
that would result in a model building energy 
code that meets the applicable target, together 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
with supporting evidence, taking into consider-
ation— 
‘‘(i) whether the modified code is tech-
nically feasible and lifecycle cost effective; 
‘‘(ii) available appliances, technologies, 
materials, and construction practices; and 
‘‘(iii) the economic considerations 
under subsection (b)(4). 
‘‘(B) DETERMINATION
OR
ELECTION
BY 
DEVELOPER.—Not later than 270 days after 
the date of receipt of proposed changes of the 
Secretary under subparagraph (A), a developer 
shall— 
‘‘(i) determine whether— 
‘‘(I) to publish a new revised 
code accepting the proposed changes; 
or 
‘‘(II) to reject the proposed 
changes; or 
‘‘(ii) if the developer elects not to 
make a determination under clause (i), 
publish a notice of that election, together 
with the proposed changes. 
‘‘(C) FINAL
DETERMINATION
BY
SEC-
RETARY.— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(i) IN GENERAL.—A final determina-
tion by the Secretary shall be made on the 
model building energy code or standard, as 
modified by the changes proposed by the 
Secretary under subparagraph (A). 
‘‘(ii) 
ADDITIONAL
DETERMINA-
TIONS.—If a model building energy code or 
standards developer makes an election pur-
suant to subparagraph (B)(ii), the Sec-
retary shall make the following final deter-
minations for purposes of this subsection: 
‘‘(I) A final determination re-
garding whether the code or standard 
of the developer, absent any changes 
proposed by the Secretary under sub-
paragraph (A), will— 
‘‘(aa) improve energy effi-
ciency in buildings, as compared 
to the existing model building en-
ergy code; and 
‘‘(bb) meet the applicable 
targets under subsection (b)(2). 
‘‘(II) A final determination re-
garding whether the code or standard 
of the developer, as modified by the 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
changes proposed by the Secretary 
under subparagraph (A), would— 
‘‘(aa) improve energy effi-
ciency in buildings, as compared 
to the existing model building en-
ergy code; and 
‘‘(bb) meet the applicable 
targets under subsection (b)(2). 
‘‘(e) ADMINISTRATION.—In carrying out this section, 
the Secretary shall— 
‘‘(1) publish notice of targets and supporting 
analysis and determinations under this section in the 
Federal Register to provide an explanation of and 
the basis for such actions, including any supporting 
modeling, data, assumptions, protocols, and cost- 
benefit analysis, including return on investment; and 
‘‘(2) provide an opportunity for public comment 
on targets and supporting analysis and determina-
tions under this section.’’. 
SEC. 102. COST-EFFECTIVE CODES IMPLEMENTATION FOR 
EFFICIENCY AND RESILIENCE. 
(a) IN GENERAL.—Title III of the Energy Conserva-
tion and Production Act (42 U.S.C. 6831 et seq.) is 
amended by adding at the end the following: 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR 
EFFICIENCY AND RESILIENCE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a relevant State agency, as deter-
mined by the Secretary, such as a State build-
ing code agency or State energy office; and 
‘‘(B) a partnership. 
‘‘(2) PARTNERSHIP.—The term ‘partnership’ 
means a partnership between an eligible entity de-
scribed in paragraph (1)(A) and 1 or more of the 
following entities: 
‘‘(A) Local building code agencies. 
‘‘(B) Codes and standards developers. 
‘‘(C) Associations of builders and design 
and construction professionals. 
‘‘(D) Local and utility energy efficiency 
programs. 
‘‘(E) Consumer, energy efficiency, and en-
vironmental advocates. 
‘‘(F) Other entities, as determined by the 
Secretary. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(b) ESTABLISHMENT.— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish within the Building Technologies Office of the 
Department of Energy a program under which the 
Secretary shall award grants on a competitive basis 
to eligible entities to enable sustained cost-effective 
implementation of updated building energy codes. 
‘‘(2) UPDATED BUILDING ENERGY CODE.—An 
update to a building energy code under this section 
shall include any update made available after the ex-
isting building energy code, even if it is not the most 
recent updated code available. 
‘‘(c) CRITERIA; PRIORITY.—In awarding grants 
under subsection (b), the Secretary shall— 
‘‘(1) consider— 
‘‘(A) prospective energy savings and plans 
to measure the savings; 
‘‘(B) the long-term sustainability of those 
measures and savings; 
‘‘(C) prospective benefits, and plans to as-
sess the benefits, including benefits relating 
to— 
‘‘(i) resilience and peak load reduc-
tion; 
‘‘(ii) occupant safety and health; and 
‘‘(iii) environmental performance; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(D) the demonstrated capacity of the eli-
gible entity to carry out the proposed project; 
and 
‘‘(E) the need of the eligible entity for as-
sistance; and 
‘‘(2) give priority to applications from partner-
ships. 
‘‘(d) ELIGIBLE ACTIVITIES.— 
‘‘(1) IN GENERAL.—An eligible entity awarded 
a grant under this section may use the grant 
funds— 
‘‘(A) to create or enable State or regional 
partnerships to provide training and materials 
to— 
‘‘(i) builders, contractors and sub-
contractors, architects, and other design 
and construction professionals, relating to 
meeting updated building energy codes in a 
cost-effective manner; and 
‘‘(ii) building code officials, relating to 
improving implementation of and compli-
ance with building energy codes; 
‘‘(B) to collect and disseminate quan-
titative data on construction and codes imple-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
mentation, including code pathways, perform-
ance metrics, and technologies used; 
‘‘(C) to develop and implement a plan for 
highly effective codes implementation, including 
measuring compliance; 
‘‘(D) to address various implementation 
needs in rural, suburban, and urban areas; and 
‘‘(E) to implement updates in energy codes 
for— 
‘‘(i) new residential and commercial 
buildings (including multifamily buildings); 
and 
‘‘(ii) additions and alterations to ex-
isting residential and commercial buildings 
(including multifamily buildings). 
‘‘(2) RELATED
TOPICS.—Training and mate-
rials provided using a grant under this section may 
include information on the relationship between en-
ergy codes and— 
‘‘(A) cost-effective, high-performance, and 
zero-net-energy buildings; 
‘‘(B) improving resilience, health, and safe-
ty; 
‘‘(C) water savings and other environ-
mental impacts; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(D) the economic impacts of energy 
codes. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section— 
‘‘(1) $25,000,000 for each of fiscal years 2020 
through 2029; and 
‘‘(2) for fiscal year 2030 and each fiscal year 
thereafter, such sums as are necessary.’’. 
(b) CONFORMING AMENDMENT.—Section 303 of the 
Energy Conservation and Production Act (42 U.S.C. 
6832) is amended, in the matter preceding paragraph (1), 
by striking ‘‘As used in’’ and inserting ‘‘Except as other-
wise provided, in’’. 
SEC. 103. COMMERCIAL BUILDING ENERGY CONSUMPTION 
INFORMATION SHARING. 
(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, the Administrator of the 
Energy Information Administration (referred to in this 
section as the ‘‘Administrator’’) and the Administrator of 
the Environmental Protection Agency shall sign, and sub-
mit to Congress, an information sharing agreement (re-
ferred to in this section as the ‘‘agreement’’) relating to 
commercial building energy consumption data. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(b) CONTENT
OF
AGREEMENT.—The agreement 
shall— 
(1) provide that the Administrator shall have 
access to building-specific data in the Portfolio Man-
ager database of the Environmental Protection 
Agency; 
(2) describe the manner in which the Adminis-
trator shall incorporate appropriate data (including 
the data described in subsection (c)) into any Com-
mercial Buildings Energy Consumption Survey (re-
ferred to in this section as ‘‘CBECS’’) published 
after the date of enactment of this Act for the pur-
pose of analyzing and estimating building popu-
lation, size, location, activity, energy usage, and any 
other relevant building characteristic; and 
(3) describe and compare— 
(A) the methodologies that the Energy In-
formation Administration, the Environmental 
Protection Agency, and State and local govern-
ment managers use to maximize the quality, re-
liability, and integrity of data collected through 
CBECS, the Portfolio Manager database of the 
Environmental Protection Agency, and State 
and local building energy disclosure laws (in-
cluding regulations), respectively, and the man-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
ner in which those methodologies can be im-
proved; and 
(B) consistencies and variations in data for 
buildings that were captured in the 2012 
CBECS cycle and in the Portfolio Manager 
database of the Environmental Protection 
Agency. 
(c) DATA.—The data referred in subsection (b)(2) in-
cludes data that— 
(1) is collected through the Portfolio Manager 
database of the Environmental Protection Agency; 
(2) is required to be publicly available on the 
internet under State and local government building 
energy disclosure laws (including regulations); and 
(3) includes information on private sector build-
ings that are not less than 250,000 square feet. 
(d) PROTECTION OF INFORMATION.—In carrying out 
the agreement, the Administrator and the Administrator 
of the Environmental Protection Agency shall protect in-
formation in accordance with— 
(1) section 552(b)(4) of title 5, United States 
Code (commonly known as the ‘Freedom of Informa-
tion Act’); 
(2) subchapter III of chapter 35 of title 44, 
United States Code; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(3) any other applicable law (including regula-
tions). 
Subtitle B—Worker Training and 
Capacity Building 
SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. 
(a) IN
GENERAL.—The Secretary shall provide 
grants to institutions of higher education (as defined in 
section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001)) and Tribal Colleges or Universities (as de-
fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 
to establish building training and assessment centers— 
(1) to identify opportunities for optimizing en-
ergy efficiency and environmental performance in 
buildings; 
(2) to promote the application of emerging con-
cepts and technologies in commercial and institu-
tional buildings; 
(3) to train engineers, architects, building sci-
entists, building energy permitting and enforcement 
officials, and building technicians in energy-efficient 
design and operation; 
(4) to assist institutions of higher education 
and Tribal Colleges or Universities in training build-
ing technicians; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(5) to promote research and development for 
the use of alternative energy sources and distributed 
generation to supply heat and power for buildings, 
particularly energy-intensive buildings; and 
(6) to coordinate with and assist State-accred-
ited technical training centers, community colleges, 
Tribal Colleges or Universities, and local offices of 
the National Institute of Food and Agriculture and 
ensure appropriate services are provided under this 
section to each region of the United States. 
(b) COORDINATION AND NONDUPLICATION.— 
(1) IN GENERAL.—The Secretary shall coordi-
nate the program with the industrial research and 
assessment centers program and with other Federal 
programs to avoid duplication of effort. 
(2) COLLOCATION.—To the maximum extent 
practicable, building, training, and assessment cen-
ters established under this section shall be collocated 
with Industrial Assessment Centers. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000, to remain available until expended. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 112. CAREER SKILLS TRAINING. 
(a) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘‘eligible entity’’ means a nonprofit partner-
ship that— 
(1) includes the equal participation of industry, 
including public or private employers, and labor or-
ganizations, including joint labor-management train-
ing programs; 
(2) may include workforce investment boards, 
community-based organizations, qualified service and 
conservation corps, educational institutions, small 
businesses, cooperatives, State and local veterans 
agencies, and veterans service organizations; and 
(3) demonstrates— 
(A) experience in implementing and oper-
ating worker skills training and education pro-
grams; 
(B) the ability to identify and involve in 
training programs carried out under this sec-
tion, target populations of individuals who 
would benefit from training and be actively in-
volved in activities relating to energy efficiency 
and renewable energy industries; and 
(C) the ability to help individuals achieve 
economic self-sufficiency. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(b) ESTABLISHMENT.—The Secretary shall award 
grants to eligible entities to pay the Federal share of asso-
ciated career skills training programs under which stu-
dents concurrently receive classroom instruction and on- 
the-job training for the purpose of obtaining an industry- 
related certification to install energy efficient buildings 
technologies, including technologies described in sub-
section (b)(3) of section 307 of the Energy Conservation 
and Production Act (42 U.S.C. 6836). 
(c) FEDERAL SHARE.—The Federal share of the cost 
of carrying out a career skills training program described 
in subsection (a) shall be 50 percent. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000, to remain available until expended. 
Subtitle C—School Buildings 
SEC. 121. COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS. 
(a) DEFINITION OF SCHOOL.—In this section, the 
term ‘‘school’’ means— 
(1) an elementary school or secondary school 
(as defined in section 8101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801)); 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(2) an institution of higher education (as de-
fined in section 102(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1002(a))); 
(3) a school of the defense dependents’ edu-
cation system under the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 921 et seq.) or estab-
lished under section 2164 of title 10, United States 
Code; 
(4) a school operated by the Bureau of Indian 
Affairs; 
(5) a tribally controlled school (as defined in 
section 5212 of the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2511)); and 
(6) a Tribal College or University (as defined in 
section 316(b) of the Higher Education Act of 1965 
(20 U.S.C. 1059c(b))). 
(b) DESIGNATION
OF LEAD AGENCY.—The Sec-
retary, acting through the Office of Energy Efficiency and 
Renewable Energy, shall act as the lead Federal agency 
for coordinating and disseminating information on exist-
ing Federal programs and assistance that may be used 
to help initiate, develop, and finance energy efficiency, re-
newable energy, and energy retrofitting projects for 
schools. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(c) REQUIREMENTS.—In carrying out coordination 
and outreach under subsection (b), the Secretary shall— 
(1) in consultation and coordination with the 
appropriate Federal agencies, carry out a review of 
existing programs and financing mechanisms (in-
cluding revolving loan funds and loan guarantees) 
available in or from the Department of Agriculture, 
the Department of Energy, the Department of Edu-
cation, the Department of the Treasury, the Internal 
Revenue Service, the Environmental Protection 
Agency, and other appropriate Federal agencies with 
jurisdiction over energy financing and facilitation 
that are currently used or may be used to help ini-
tiate, develop, and finance energy efficiency, renew-
able energy, and energy retrofitting projects for 
schools; 
(2) establish a Federal cross-departmental col-
laborative coordination, education, and outreach ef-
fort to streamline communication and promote avail-
able Federal opportunities and assistance described 
in paragraph (1), for energy efficiency, renewable 
energy, and energy retrofitting projects that enables 
States, local educational agencies, and schools— 
(A) to use existing Federal opportunities 
more effectively; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(B) to form partnerships with Governors, 
State energy programs, local educational, finan-
cial, and energy officials, State and local gov-
ernment officials, nonprofit organizations, and 
other appropriate entities, to support the initi-
ation of the projects; 
(3) provide technical assistance for States, local 
educational agencies, and schools to help develop 
and finance energy efficiency, renewable energy, and 
energy retrofitting projects— 
(A) to increase the energy efficiency of 
buildings or facilities; 
(B) to install systems that individually 
generate energy from renewable energy re-
sources; 
(C) to establish partnerships to leverage 
economies of scale and additional financing 
mechanisms available to larger clean energy ini-
tiatives; or 
(D) to promote— 
(i) the maintenance of health, environ-
mental quality, and safety in schools, in-
cluding the ambient air quality, through 
energy efficiency, renewable energy, and 
energy retrofit projects; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(ii) the achievement of expected en-
ergy savings and renewable energy produc-
tion through proper operations and main-
tenance practices; 
(4) develop and maintain a single online re-
source website with contact information for relevant 
technical assistance and support staff in the Office 
of Energy Efficiency and Renewable Energy for 
States, local educational agencies, and schools to ef-
fectively access and use Federal opportunities and 
assistance described in paragraph (1) to develop en-
ergy efficiency, renewable energy, and energy retro-
fitting projects; and 
(5) establish a process for recognition of schools 
that— 
(A) have successfully implemented energy 
efficiency, renewable energy, and energy retro-
fitting projects; and 
(B) are willing to serve as resources for 
other local educational agencies and schools to 
assist initiation of similar efforts. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall submit to 
Congress a report describing the implementation of this 
section. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
TITLE 
II—INDUSTRIAL 
EFFI-
CIENCY AND COMPETITIVE-
NESS 
Subtitle A—Manufacturing Energy 
Efficiency 
SEC. 201. PURPOSES. 
The purposes of this subtitle are— 
(1) to establish a clear and consistent authority 
for industrial efficiency programs of the Department 
of Energy; 
(2) to accelerate the deployment of technologies 
and practices that will increase industrial energy ef-
ficiency and improve productivity; 
(3) to accelerate the development and dem-
onstration of technologies that will assist the deploy-
ment goals of the industrial efficiency programs of 
the Department of Energy and increase manufac-
turing efficiency; 
(4) to stimulate domestic economic growth and 
improve industrial productivity and competitiveness; 
(5) to meet the future workforce needs of in-
dustry; and 
(6) to strengthen partnerships between Federal 
and State governmental agencies and the private 
and academic sectors. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
SEC. 202. FUTURE OF INDUSTRY PROGRAM AND INDUS-
TRIAL RESEARCH AND ASSESSMENT CEN-
TERS. 
(a) FUTURE OF INDUSTRY PROGRAM.—Section 452 
of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17111) is amended— 
(1) by striking the section heading and insert-
ing the following: ‘‘FUTURE OF INDUSTRY PRO-
GRAM’’; 
(2) in subsection (a)(2)— 
(A) by redesignating subparagraph (E) as 
subparagraph (F); and 
(B) by inserting after subparagraph (D) 
the following: 
‘‘(E) water and wastewater treatment fa-
cilities, including systems that treat municipal, 
industrial, and agricultural waste; and’’; 
(3) by striking subsection (e); and 
(4) by redesignating subsection (f) as sub-
section (e). 
(b) INDUSTRIAL RESEARCH AND ASSESSMENT CEN-
TERS.—Subtitle D of title IV of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17111 et seq.) is 
amended by adding at the end the following: 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CEN-
TERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ENERGY SERVICE PROVIDER.—The term 
‘energy service provider’ means— 
‘‘(A) any business providing technology or 
services to improve the energy efficiency, water 
efficiency, power factor, or load management of 
a manufacturing site or other industrial process 
in an energy-intensive industry (as defined in 
section 452(a)); and 
‘‘(B) any utility operating under a utility 
energy service project. 
‘‘(2) INDUSTRIAL RESEARCH AND ASSESSMENT 
CENTER.—The term ‘industrial research and assess-
ment center’ means— 
‘‘(A) an institution of higher education- 
based industrial research and assessment center 
that is funded by the Secretary under sub-
section (b); and 
‘‘(B) an industrial research and assess-
ment center at a trade school, community col-
lege, or union training program that is funded 
by the Secretary under subsection (f). 
‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED 
INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(1) IN GENERAL.—The Secretary shall provide 
funding to institution of higher education-based in-
dustrial research and assessment centers. 
‘‘(2) PURPOSE.—The purpose of each institu-
tion of higher education-based industrial research 
and assessment center shall be— 
‘‘(A) to identify opportunities for opti-
mizing energy efficiency and environmental per-
formance, including implementation of— 
‘‘(i) smart manufacturing; 
‘‘(ii) energy management systems; 
‘‘(iii) sustainable manufacturing; and 
‘‘(iv) information technology advance-
ments for supply chain analysis, logistics, 
system monitoring, industrial and manu-
facturing processes, and other purposes; 
‘‘(B) to promote applications of emerging 
concepts and technologies in small- and me-
dium-sized manufacturers (including water and 
wastewater treatment facilities and federally 
owned manufacturing facilities); 
‘‘(C) to promote research and development 
for the use of alternative energy sources to sup-
ply heat, power, and new feedstocks for energy- 
intensive industries; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(D) to coordinate with appropriate Fed-
eral and State research offices; 
‘‘(E) to provide a clearinghouse for indus-
trial process and energy efficiency technical as-
sistance resources; and 
‘‘(F) to coordinate with State-accredited 
technical training centers and community col-
leges, while ensuring appropriate services to all 
regions of the United States. 
‘‘(c) COORDINATION.—To increase the value and ca-
pabilities of the industrial research and assessment cen-
ters, the centers shall— 
‘‘(1) coordinate with Manufacturing Extension 
Partnership Centers of the National Institute of 
Standards and Technology; 
‘‘(2) coordinate with the Federal Energy Man-
agement Program and the Building Technologies 
Program of the Department of Energy to provide 
building assessment services to manufacturers; 
‘‘(3) increase partnerships with the National 
Laboratories of the Department of Energy to lever-
age the expertise, technologies, and research and de-
velopment capabilities of the National Laboratories 
for national industrial and manufacturing needs; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(4) increase partnerships with energy service 
providers and technology providers to leverage pri-
vate sector expertise and accelerate deployment of 
new and existing technologies and processes for en-
ergy efficiency, power factor, and load management; 
‘‘(5) identify opportunities for reducing green-
house gas emissions and other air emissions; and 
‘‘(6) promote sustainable manufacturing prac-
tices for small- and medium-sized manufacturers. 
‘‘(d) OUTREACH.—The Secretary shall provide fund-
ing for— 
‘‘(1) outreach activities by the industrial re-
search and assessment centers to inform small- and 
medium-sized manufacturers of the information, 
technologies, and services available; and 
‘‘(2) coordination activities by each industrial 
research and assessment center to leverage efforts 
with— 
‘‘(A) Federal and State efforts; 
‘‘(B) the efforts of utilities and energy 
service providers; 
‘‘(C) the efforts of regional energy effi-
ciency organizations; and 
‘‘(D) the efforts of other industrial re-
search and assessment centers. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(e) CENTERS OF EXCELLENCE.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a Center of Excellence at not more than 5 
of the highest-performing industrial research and as-
sessment centers, as determined by the Secretary. 
‘‘(2) DUTIES.—A Center of Excellence shall co-
ordinate with and advise the industrial research and 
assessment centers located in the region of the Cen-
ter of Excellence, including— 
‘‘(A) by mentoring new directors and staff 
of the industrial research and assessment cen-
ters with respect to— 
‘‘(i) the availability of resources; and 
‘‘(ii) best practices for carrying out 
assessments, including through the partici-
pation of the staff of the Center of Excel-
lence in assessments carried out by new in-
dustrial research and assessment centers; 
‘‘(B) by providing training to staff and 
students at the industrial research and assess-
ment centers on new technologies, practices, 
and tools to expand the scope and impact of the 
assessments carried out by the centers; 
‘‘(C) by assisting the industrial research 
and assessment centers with specialized tech-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
nical opportunities, including by providing a 
clearinghouse of available expertise and tools to 
assist the centers and clients of the centers in 
assessing and implementing those opportunities; 
‘‘(D) by identifying and coordinating with 
regional, State, local, and utility energy effi-
ciency programs for the purpose of facilitating 
efforts by industrial research and assessment 
centers to connect industrial facilities receiving 
assessments from those centers with regional, 
State, local, and utility energy efficiency pro-
grams that could aid the industrial facilities in 
implementing any recommendations resulting 
from the assessments; 
‘‘(E) by facilitating coordination between 
the industrial research and assessment centers 
and other Federal programs described in para-
graphs (1) through (3) of subsection (c); and 
‘‘(F) by coordinating the outreach activi-
ties of the industrial research and assessment 
centers under subsection (d)(1). 
‘‘(3) FUNDING.—Subject to the availability of 
appropriations, for each fiscal year, out of any 
amounts made available to carry out this section 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
under subsection (i), the Secretary shall use not less 
than $500,000 to support each Center of Excellence. 
‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS-
SESSMENT CENTERS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
funding to establish additional industrial research 
and assessment centers at trade schools, community 
colleges, and union training programs. 
‘‘(2) PURPOSE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), to the maximum extent practicable, 
an industrial research and assessment center 
established under paragraph (1) shall have the 
same purpose as an institution of higher edu-
cation-based industrial research center that is 
funded by the Secretary under subsection 
(b)(1). 
‘‘(B) CONSIDERATION OF CAPABILITIES.— 
In evaluating or establishing the purpose of an 
industrial research and assessment center es-
tablished under paragraph (1), the Secretary 
shall take into consideration the varying capa-
bilities of trade schools, community colleges, 
and union training programs. 
‘‘(g) WORKFORCE TRAINING.— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(1) INTERNSHIPS.—The Secretary shall pay 
the Federal share of associated internship programs 
under which students work with or for industries, 
manufacturers, and energy service providers to im-
plement the recommendations of industrial research 
and assessment centers. 
‘‘(2) APPRENTICESHIPS.—The Secretary shall 
pay the Federal share of associated apprenticeship 
programs under which— 
‘‘(A) students work with or for industries, 
manufacturers, and energy service providers to 
implement the recommendations of industrial 
research and assessment centers; and 
‘‘(B) employees of facilities that have re-
ceived an assessment from an industrial re-
search and assessment center work with or for 
an industrial research and assessment center to 
gain knowledge on engineering practices and 
processes to improve productivity and energy 
savings. 
‘‘(3) FEDERAL SHARE.—The Federal share of 
the cost of carrying out internship programs de-
scribed in paragraph (1) and apprenticeship pro-
grams described in paragraph (2) shall be 50 per-
cent. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(h) SMALL BUSINESS LOANS.—The Administrator 
of the Small Business Administration shall, to the max-
imum extent practicable, expedite consideration of applica-
tions from eligible small business concerns for loans under 
the Small Business Act (15 U.S.C. 631 et seq.) to imple-
ment recommendations developed by the industrial re-
search and assessment centers. 
‘‘(i) FUNDING.—There is authorized to be appro-
priated to the Secretary to carry out this section 
$30,000,000 for each fiscal year, to remain available until 
expended.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of the Energy Independence and Security Act of 2007 (42 
U.S.C. prec. 17001) is amended by adding at the end of 
the items relating to subtitle D of title IV the following: 
‘‘Sec. 454. Industrial research and assessment centers.’’. 
SEC. 203. SUSTAINABLE MANUFACTURING INITIATIVE. 
(a) IN GENERAL.—Part E of title III of the Energy 
Policy and Conservation Act (42 U.S.C. 6341 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 
‘‘(a) IN GENERAL.—As part of the Office of Energy 
Efficiency and Renewable Energy of the Department of 
Energy, the Secretary, on the request of a manufacturer, 
shall carry out onsite technical assessments to identify op-
portunities for— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(1) maximizing the energy efficiency of indus-
trial processes and cross-cutting systems; 
‘‘(2) preventing pollution and minimizing waste; 
‘‘(3) improving efficient use of water in manu-
facturing processes; 
‘‘(4) conserving natural resources; and 
‘‘(5) achieving such other goals as the Secretary 
determines to be appropriate. 
‘‘(b) 
COORDINATION.—To 
implement 
any 
rec-
ommendations resulting from an onsite technical assess-
ment carried out under subsection (a) and to accelerate 
the adoption of new and existing technologies and proc-
esses that improve energy efficiency, the Secretary shall 
coordinate with— 
‘‘(1) the Advanced Manufacturing Office of the 
Department of Energy; 
‘‘(2) the Building Technologies Office of the 
Department of Energy; 
‘‘(3) the Federal Energy Management Program 
of the Department of Energy; and 
‘‘(4) the private sector and other appropriate 
agencies, including the National Institute of Stand-
ards and Technology. 
‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR 
SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
NOLOGIES AND PROCESSES.—As part of the industrial ef-
ficiency programs of the Department of Energy, the Sec-
retary shall carry out a joint industry-government partner-
ship program to research, develop, and demonstrate new 
sustainable manufacturing and industrial technologies and 
processes that maximize the energy efficiency of industrial 
plants, reduce pollution, and conserve natural resources.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Energy Policy and Conservation Act (42 U.S.C. 
prec. 6201) is amended by adding at the end of the items 
relating to part E of title III the following: 
‘‘Sec. 376. Sustainable manufacturing initiative.’’. 
SEC. 204. CONFORMING AMENDMENTS. 
(a) Section 106 of the Energy Policy Act of 2005 (42 
U.S.C. 15811) is repealed. 
(b) Sections 131, 132, 133, 2103, and 2107 of the 
Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 
13453, 13456) are repealed. 
(c) Section 2101(a) of the Energy Policy Act of 1992 
(42 U.S.C. 13451(a)) is amended in the third sentence 
by striking ‘‘sections 2102, 2103, 2104, 2105, 2106, 
2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 
2105, 2106, and 2108 of this Act and section 376 of the 
Energy Policy and Conservation Act,’’. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
Subtitle B—Extended Product 
System Rebate Program 
SEC. 211. EXTENDED PRODUCT SYSTEM REBATE PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELECTRIC
MOTOR.—The term ‘‘electric 
motor’’ has the meaning given the term in section 
431.12 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(2) ELECTRONIC CONTROL.—The term ‘‘elec-
tronic control’’ means— 
(A) a power converter; or 
(B) a combination of a power circuit and 
control circuit included on 1 chassis. 
(3) EXTENDED PRODUCT SYSTEM.—The term 
‘‘extended product system’’ means an electric motor 
and any required associated electronic control and 
driven load that— 
(A) offers variable speed or multispeed op-
eration; 
(B) offers partial load control that reduces 
input energy requirements (as measured in kilo-
watt-hours) as compared to identified base lev-
els set by the Secretary; and 
(C)(i) has greater than 1 horsepower; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(ii) uses an extended product system tech-
nology, as determined by the Secretary. 
(4) QUALIFIED
EXTENDED
PRODUCT
SYS-
TEM.— 
(A) IN GENERAL.—The term ‘‘qualified ex-
tended product system’’ means an extended 
product system that— 
(i) includes an electric motor and an 
electronic control; and 
(ii) reduces the input energy (as 
measured in kilowatt-hours) required to 
operate the extended product system by 
not less than 5 percent, as compared to 
identified base levels set by the Secretary. 
(B) INCLUSIONS.—The term ‘‘qualified ex-
tended product system’’ includes commercial or 
industrial machinery or equipment that— 
(i)(I) did not previously make use of 
the extended product system prior to the 
redesign described in subclause (II); and 
(II) incorporates an extended product 
system that has greater than 1 horsepower 
into redesigned machinery or equipment; 
and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(ii) was previously used prior to, and 
was placed back into service during, cal-
endar year 2020 or 2021. 
(b) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a program to provide rebates for expenditures 
made by qualified entities for the purchase or installation 
of a qualified extended product system. 
(c) QUALIFIED ENTITIES.— 
(1) ELIGIBILITY REQUIREMENTS.—A qualified 
entity under this section shall be— 
(A) in the case of a qualified extended 
product 
system 
described 
in 
subsection 
(a)(4)(A), the purchaser of the qualified ex-
tended product that is installed; and 
(B) in the case of a qualified extended 
product 
system 
described 
in 
subsection 
(a)(4)(B), the manufacturer of the commercial 
or industrial machinery or equipment that in-
corporated the extended product system into 
that machinery or equipment. 
(2) APPLICATION.—To be eligible to receive a 
rebate under this section, a qualified entity shall 
submit to the Secretary— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(A) an application in such form, at such 
time, and containing such information as the 
Secretary may require; and 
(B) a certification that includes dem-
onstrated evidence— 
(i) that the entity is a qualified entity; 
and 
(ii)(I) in the case of a qualified entity 
described in paragraph (1)(A)— 
(aa) that the qualified entity in-
stalled the qualified extended product 
system during the 2 fiscal years fol-
lowing the date of enactment of this 
Act; 
(bb) that the qualified extended 
product system meets the require-
ments of subsection (a)(4)(A); and 
(cc) showing the serial number, 
manufacturer, and model number 
from the nameplate of the installed 
motor of the qualified entity on which 
the qualified extended product system 
was installed; or 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(II) in the case of a qualified entity 
described 
in 
paragraph 
(1)(B), 
dem-
onstrated evidence— 
(aa) that the qualified extended 
product system meets the require-
ments of subsection (a)(4)(B); and 
(bb) showing the serial number, 
manufacturer, and model number 
from the nameplate of the installed 
motor of the qualified entity with 
which the extended product system is 
integrated. 
(d) AUTHORIZED AMOUNT OF REBATE.— 
(1) IN GENERAL.—The Secretary may provide 
to a qualified entity a rebate in an amount equal to 
the product obtained by multiplying— 
(A) an amount equal to the sum of the 
nameplate rated horsepower of— 
(i) the electric motor to which the 
qualified extended product system is at-
tached; and 
(ii) the electronic control; and 
(B) $25. 
(2) MAXIMUM AGGREGATE AMOUNT.—A quali-
fied entity shall not be entitled to aggregate rebates 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
under this section in excess of $25,000 per calendar 
year. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of the first 2 full fiscal years following 
the date of enactment of this Act, to remain available until 
expended. 
Subtitle C—Transformer Rebate 
Program 
SEC. 221. ENERGY EFFICIENT TRANSFORMER REBATE PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(1) QUALIFIED
ENERGY
EFFICIENT
TRANS-
FORMER.—The term ‘‘qualified energy efficient 
transformer’’ means a transformer that meets or ex-
ceeds the applicable energy conservation standards 
described in the tables in subsection (b)(2) and 
paragraphs (1) and (2) of subsection (c) of section 
431.196 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act). 
(2) QUALIFIED ENERGY INEFFICIENT TRANS-
FORMER.—The term ‘‘qualified energy inefficient 
transformer’’ means a transformer with an equal 
number of phases and capacity to a transformer de-
scribed in any of the tables in subsection (b)(2) and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
paragraphs (1) and (2) of subsection (c) of section 
431.196 of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this Act) 
that— 
(A) does not meet or exceed the applicable 
energy conservation standards described in 
paragraph (1); and 
(B)(i) was manufactured between January 
1, 1987, and December 31, 2008, for a trans-
former with an equal number of phases and ca-
pacity as a transformer described in the table 
in subsection (b)(2) of section 431.196 of title 
10, Code of Federal Regulations (as in effect on 
the date of enactment of this Act); or 
(ii) was manufactured between January 1, 
1992, and December 31, 2011, for a trans-
former with an equal number of phases and ca-
pacity as a transformer described in the table 
in paragraph (1) or (2) of subsection (c) of that 
section (as in effect on the date of enactment 
of this Act). 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means an owner of industrial or manufac-
turing facilities, commercial buildings, or multifamily 
residential buildings, a utility, or an energy service 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
company that fulfills the requirements of subsection 
(d). 
(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall es-
tablish a program to provide rebates to qualified entities 
for expenditures made by the qualified entity for the re-
placement of a qualified energy inefficient transformer 
with a qualified energy efficient transformer. 
(c) REQUIREMENTS.—To be eligible to receive a re-
bate under this section, an entity shall submit to the Sec-
retary an application in such form, at such time, and con-
taining such information as the Secretary may require, in-
cluding demonstrated evidence— 
(1) that the entity purchased a qualified energy 
efficient transformer; 
(2) of the core loss value of the qualified energy 
efficient transformer; 
(3) of the age of the qualified energy inefficient 
transformer being replaced; 
(4) of the core loss value of the qualified energy 
inefficient transformer being replaced— 
(A) as measured by a qualified professional 
or verified by the equipment manufacturer, as 
applicable; or 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(B) for transformers described in sub-
section (a)(2)(B)(i), as selected from a table of 
default values as determined by the Secretary 
in consultation with applicable industry; and 
(5) that the qualified energy inefficient trans-
former has been permanently decommissioned and 
scrapped. 
(d) 
AUTHORIZED
AMOUNT
OF
REBATE.—The 
amount of a rebate provided under this section shall be— 
(1) for a 3-phase or single-phase transformer 
with a capacity of not less than 10 and not greater 
than 2,500 kilovolt-amperes, twice the amount equal 
to the difference in Watts between the core loss 
value (as measured in accordance with paragraphs 
(2) and (4) of subsection (c)) of— 
(A) the qualified energy inefficient trans-
former; and 
(B) the qualified energy efficient trans-
former; or 
(2) for a transformer described in subsection 
(a)(2)(B)(i), the amount determined using a table of 
default rebate values by rated transformer output, 
as measured in kilovolt-amperes, as determined by 
the Secretary in consultation with applicable indus-
try. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2020 and 2021, to re-
main available until expended. 
(f) TERMINATION OF EFFECTIVENESS.—The author-
ity provided by this section terminates on December 31, 
2021. 
TITLE III—FEDERAL AGENCY 
ENERGY EFFICIENCY 
SEC. 301. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended by adding at the 
end the following: 
‘‘(h) FEDERAL IMPLEMENTATION STRATEGY
FOR 
ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION 
TECHNOLOGIES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) DIRECTOR.—The term ‘Director’ 
means the Director of the Office of Manage-
ment and Budget. 
‘‘(B) INFORMATION
TECHNOLOGY.—The 
term ‘information technology’ has the meaning 
given that term in section 11101 of title 40, 
United States Code. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(2) 
DEVELOPMENT
OF
IMPLEMENTATION 
STRATEGY.—Not later than 1 year after the date of 
enactment of the Energy Savings and Industrial 
Competitiveness Act of 2019, each Federal agency 
shall coordinate with the Director, the Secretary, 
and the Administrator of the Environmental Protec-
tion Agency to develop an implementation strategy 
(including best-practices and measurement and 
verification techniques) for the maintenance, pur-
chase, and use by the Federal agency of energy-effi-
cient and energy-saving information technologies at 
or for facilities owned and operated by the Federal 
agency, taking into consideration the performance 
goals established under paragraph (4). 
‘‘(3) ADMINISTRATION.—In developing an im-
plementation strategy under paragraph (2), each 
Federal agency shall consider— 
‘‘(A) advanced metering infrastructure; 
‘‘(B) energy efficient data center strategies 
and methods of increasing asset and infrastruc-
ture utilization; 
‘‘(C) advanced power management tools; 
‘‘(D) building information modeling, in-
cluding building energy management; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(E) secure telework and travel substi-
tution tools; and 
‘‘(F) mechanisms to ensure that the agen-
cy realizes the energy cost savings of increased 
efficiency and utilization. 
‘‘(4) PERFORMANCE GOALS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of the Energy 
Savings and Industrial Competitiveness Act of 
2019, the Director, in consultation with the 
Secretary, shall establish performance goals for 
evaluating the efforts of Federal agencies in im-
proving the maintenance, purchase, and use of 
energy-efficient and energy-saving information 
technology at or for facilities owned and oper-
ated by the Federal agencies. 
‘‘(B) BEST PRACTICES.—The Chief Infor-
mation Officers Council established under sec-
tion 3603 of title 44, United States Code, shall 
recommend best practices for the attainment of 
the performance goals established under sub-
paragraph (A), which shall include, to the ex-
tent applicable by law, consideration by a Fed-
eral agency of the use of— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(i) energy savings performance con-
tracting; and 
‘‘(ii) 
utility 
energy 
services 
con-
tracting. 
‘‘(5) REPORTS.— 
‘‘(A) AGENCY
REPORTS.—Each Federal 
agency shall include in the report of the agency 
under section 527 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17143) a 
description of the efforts and results of the 
agency under this subsection. 
‘‘(B) OMB GOVERNMENT EFFICIENCY RE-
PORTS AND SCORECARDS.—Effective beginning 
not later than October 1, 2019, the Director 
shall include in the annual report and scorecard 
of the Director required under section 528 of 
the Energy Independence and Security Act of 
2007 (42 U.S.C. 17144) a description of the ef-
forts and results of Federal agencies under this 
subsection. 
‘‘(C) USE OF EXISTING REPORTING STRUC-
TURES.—The Director may require Federal 
agencies to submit any information required to 
be submitted under this subsection though re-
porting structures in use as of the date of en-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
actment of the Energy Savings and Industrial 
Competitiveness Act of 2019.’’. 
SEC. 302. ENERGY EFFICIENT DATA CENTERS. 
Section 453 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17112) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2)(D)(iv), by striking 
‘‘determined by the organization’’ and inserting 
‘‘proposed by the stakeholders’’; and 
(B) by striking paragraph (3); and 
(2) by striking subsections (c) through (g) and 
inserting the following: 
‘‘(c) STAKEHOLDER INVOLVEMENT.— 
‘‘(1) IN GENERAL.—The Secretary and the Ad-
ministrator shall carry out subsection (b) in collabo-
ration with the information technology industry and 
other key stakeholders, with the goal of producing 
results that accurately reflect the most relevant and 
useful information. 
‘‘(2) CONSIDERATIONS.—In carrying out the 
collaboration described in paragraph (1), the Sec-
retary and the Administrator shall pay particular at-
tention to organizations that— 
‘‘(A) have members with expertise in en-
ergy efficiency and in the development, oper-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
ation, and functionality of data centers, infor-
mation technology equipment, and software, in-
cluding representatives of hardware manufac-
turers, data center operators, and facility man-
agers; 
‘‘(B) obtain and address input from the 
National Laboratories (as that term is defined 
in section 2 of the Energy Policy Act of 2005 
(42 U.S.C. 15801)) or any institution of higher 
education, research institution, industry asso-
ciation, company, or public interest group with 
applicable expertise; 
‘‘(C) follow— 
‘‘(i) commonly accepted procedures 
for the development of specifications; and 
‘‘(ii) accredited standards development 
processes; or 
‘‘(D) have a mission to promote energy ef-
ficiency for data centers and information tech-
nology. 
‘‘(d) MEASUREMENTS
AND SPECIFICATIONS.—The 
Secretary and the Administrator shall consider and assess 
the adequacy of the specifications, measurements, best 
practices, and benchmarks described in subsection (b) for 
use by the Federal Energy Management Program, the En-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
ergy Star Program, and other efficiency programs of the 
Department of Energy or the Environmental Protection 
Agency. 
‘‘(e) STUDY.— 
‘‘(1) DEFINITION
OF
REPORT.—In this sub-
section, the term ‘report’ means the report of the 
Lawrence Berkeley National Laboratory entitled 
‘United States Data Center Energy Usage Report’ 
and dated June 2016, which was prepared as an up-
date to the ‘Report to Congress on Server and Data 
Center Energy Efficiency’, published on August 2, 
2007, pursuant to section 1 of Public Law 109–431 
(120 Stat. 2920). 
‘‘(2) STUDY.—Not later than 4 years after the 
date of enactment of the Energy Savings and Indus-
trial Competitiveness Act of 2019, the Secretary, in 
collaboration with the Administrator, shall make 
available to the public an update to the report that 
provides— 
‘‘(A) a comparison and gap analysis of the 
estimates and projections contained in the re-
port with new data regarding the period from 
2015 through 2019; 
‘‘(B) an analysis considering the impact of 
information 
technologies, 
including 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
virtualization and cloud computing, in the pub-
lic and private sectors; 
‘‘(C) an evaluation of the impact of the 
combination of cloud platforms, mobile devices, 
social media, and big data on data center en-
ergy usage; 
‘‘(D) an evaluation of water usage in data 
centers and recommendations for reductions in 
that water usage; and 
‘‘(E) updated projections and recommenda-
tions for best practices through fiscal year 
2025. 
‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary, in collabo-
ration with key stakeholders and the Director of the 
Office of Management and Budget, shall maintain a 
data center energy practitioner program that pro-
vides for the certification of energy practitioners 
qualified to evaluate the energy usage and efficiency 
opportunities in federally owned and operated data 
centers. 
‘‘(2) EVALUATIONS.—Each Federal agency 
shall consider having the data centers of the agency 
evaluated once every 4 years by energy practitioners 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
certified pursuant to the program, whenever prac-
ticable using certified practitioners employed by the 
agency. 
‘‘(g) OPEN DATA INITIATIVE.— 
‘‘(1) IN GENERAL.—The Secretary, in collabo-
ration with key stakeholders and the Director of the 
Office of Management and Budget, shall establish 
an open data initiative relating to energy usage at 
federally owned and operated data centers, with the 
purpose of making the data available and accessible 
in a manner that encourages further data center in-
novation, optimization, and consolidation. 
‘‘(2) CONSIDERATION.—In establishing the ini-
tiative under paragraph (1), the Secretary shall con-
sider using 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 and water 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). 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(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—REGULATORY 
PROVISIONS 
Subtitle 
A—Third-Party 
Certifi-
cation Under Energy Star Pro-
gram 
SEC. 401. THIRD-PARTY CERTIFICATION UNDER ENERGY 
STAR PROGRAM. 
Section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a) is amended by adding at the end 
the following: 
‘‘(e) THIRD-PARTY CERTIFICATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
not later than 180 days after the date of enactment 
of this subsection, the Administrator shall revise the 
certification requirements for the labeling of con-
sumer, home, and office electronic products for pro-
gram partners that have complied with all require-
ments of the Energy Star program for a period of 
at least 18 months. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(2) ADMINISTRATION.—In the case of a pro-
gram partner described in paragraph (1), the new 
requirements under paragraph (1)— 
‘‘(A) shall not require third-party certifi-
cation for a product to be listed; but 
‘‘(B) may require that test data and other 
product information be submitted to facilitate 
product listing and performance verification for 
a sample of products. 
‘‘(3) THIRD
PARTIES.—Nothing in this sub-
section prevents the Administrator from using third 
parties in the course of the administration of the 
Energy Star program. 
‘‘(4) TERMINATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an exemption from third-party cer-
tification provided to a program partner under 
paragraph (1) shall terminate if the program 
partner is found to have violated program re-
quirements with respect to at least 2 separate 
models during a 2-year period. 
‘‘(B) RESUMPTION.—A termination for a 
program partner under subparagraph (A) shall 
cease if the program partner complies with all 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
Energy Star program requirements for a period 
of at least 3 years.’’. 
Subtitle B—Federal Green 
Buildings 
SEC. 411. HIGH-PERFORMANCE GREEN FEDERAL BUILD-
INGS. 
Section 436(h) of the Energy Independence and Se-
curity Act of 2007 (42 U.S.C. 17092(h)) is amended— 
(1) in the subsection heading, by striking ‘‘SYS-
TEM’’ and inserting ‘‘SYSTEMS’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) IN GENERAL.—Based on an ongoing re-
view, the Federal Director shall identify and shall 
provide to the Secretary pursuant to section 
305(a)(3)(D) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)(3)(D)) a list of 
those certification systems that the Director identi-
fies as the most likely to encourage a comprehensive 
and environmentally sound approach to certification 
of green buildings.’’; and 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘system’’ and inserting ‘‘sys-
tems’’; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(B) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) an ongoing review provided to the 
Secretary pursuant to section 305(a)(3)(D) of 
the Energy Conservation and Production Act 
(42 U.S.C. 6834(a)(3)(D)), which shall— 
‘‘(i) be carried out by the Federal Di-
rector to compare and evaluate standards; 
and 
‘‘(ii) allow any developer or adminis-
trator of a rating system or certification 
system to be included in the review;’’; 
(C) in subparagraph (E)(v), by striking 
‘‘and’’ after the semicolon at the end; 
(D) in subparagraph (F), by striking the 
period at the end and inserting a semicolon; 
and 
(E) by adding at the end the following: 
‘‘(G) a finding that, for all credits address-
ing the sourcing of grown, harvested, or mined 
materials, the system rewards the use of prod-
ucts that have obtained certifications of respon-
sible sourcing, such as certifications provided by 
the Sustainable Forestry Initiative, the Forest 
Stewardship Council, the American Tree Farm 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
System, or the Programme for the Endorse-
ment of Forest Certification; and 
‘‘(H) a finding that the system incor-
porates life-cycle assessment as a credit path-
way.’’. 
Subtitle C—Energy and Water Per-
formance Requirements for Fed-
eral Buildings 
SEC. 421. ENERGY AND WATER PERFORMANCE REQUIRE-
MENTS FOR FEDERAL BUILDINGS. 
(a) IN GENERAL.—Section 543 of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253) is amend-
ed— 
(1) in the section heading, by inserting ‘‘AND 
WATER’’ after ‘‘ENERGY’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) ENERGY AND WATER PERFORMANCE REQUIRE-
MENTS FOR FEDERAL BUILDINGS.— 
‘‘(1) ENERGY
REQUIREMENTS.—Subject to 
paragraph (3), to the maximum extent life cycle 
cost-effective (as defined in subsection (f)(1)), each 
agency shall apply energy conservation measures to, 
and shall improve the design for the construction of, 
the Federal buildings of the agency (including each 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
industrial or laboratory facility) so that the energy 
consumption per gross square foot of the Federal 
buildings of the agency in fiscal years 2020 through 
2027 is reduced, as compared with the energy con-
sumption per gross square foot of the Federal build-
ings of the agency in fiscal year 2018, by the per-
centage specified in the following table: 
Percentage 
‘‘Fiscal Year 
Reduction 
2020 .............................................................................................
2.5
2021 .............................................................................................
2022 .............................................................................................
7.5
2023 .............................................................................................
2024 .............................................................................................
12.5
2025 .............................................................................................
2026 .............................................................................................
17.5
2027 .............................................................................................
20. 
‘‘(2) WATER REQUIREMENTS.—Subject to para-
graph (3), the head of each Federal agency shall, for 
each of fiscal years 2020 through 2030, improve 
water use efficiency and management, including 
stormwater management, at facilities of the agency 
by reducing agency potable water consumption in-
tensity (as measured in gallons per gross square 
foot)— 
‘‘(A) by 54 percent by fiscal year 2030, 
relative to the water consumption of the agency 
in fiscal year 2007; and 
‘‘(B) through reductions of 2 percent each 
fiscal year. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(3) ENERGY AND WATER INTENSIVE BUILDING 
EXCLUSION.— 
‘‘(A) IN
GENERAL.—An agency may ex-
clude from the requirements of paragraphs (1) 
and (2) any building (including the associated 
energy consumption and gross square footage of 
the building) in which energy and water inten-
sive activities are carried out. 
‘‘(B) REPORTS.—Each agency shall iden-
tify and include in each report under section 
548(a) each building designated by the agency 
for exclusion under subparagraph (A) during 
the period covered by the report. 
‘‘(4) RECOMMENDATIONS.—Not later than De-
cember 31, 2026, the Secretary shall— 
‘‘(A) review the results of the implementa-
tion of the energy and water performance re-
quirements established under paragraph (1); 
‘‘(B) submit to Congress recommendations 
concerning energy performance requirements 
for fiscal years 2028 through 2037; and 
‘‘(C) submit to Congress recommendations 
concerning water performance requirements for 
fiscal years 2031 through 2040.’’; 
(3) in subsection (b)— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(A) in the subsection heading, by inserting 
‘‘AND WATER’’ after ‘‘ENERGY’’; 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (3) through (5), re-
spectively; and 
(C) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) IN GENERAL.—Each agency shall— 
‘‘(A) not later than October 1, 2019, to 
the maximum extent practicable, begin install-
ing in Federal buildings owned by the United 
States all energy and water conservation meas-
ures determined by the Secretary to be life cycle 
cost-effective (as defined in subsection (f)(1)); 
and 
‘‘(B) complete the installation described in 
subparagraph (A) as soon as practicable after 
the date referred to in that subparagraph. 
‘‘(2) EXPLANATION OF NONCOMPLIANCE.— 
‘‘(A) IN GENERAL.—If an agency fails to 
comply with paragraph (1), the agency shall 
submit to the Secretary, using guidelines devel-
oped by the Secretary, an explanation of the 
reasons for the failure. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(B) REPORT
TO
CONGRESS.—Not later 
than October 1, 2021, and every 2 years there-
after, the Secretary shall submit to Congress a 
report that describes any noncompliance by an 
agency with the requirements of paragraph 
(1).’’. 
(4) in subsection (c)(1)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘An agency’’ and inserting 
‘‘The head of each agency’’; and 
(ii) by inserting ‘‘or water’’ after ‘‘en-
ergy’’ each place it appears; and 
(B) in subparagraph (B)(i), by inserting 
‘‘or water’’ after ‘‘energy’’; 
(5) in subsection (d)(2), by inserting ‘‘and 
water’’ after ‘‘energy’’; 
(6) in subsection (e)— 
(A) in the subsection heading, by inserting 
‘‘and Water’’ after ‘‘Energy’’; 
(B) in paragraph (1)— 
(i) in the first sentence— 
(I) by striking ‘‘October 1, 2012’’ 
and inserting ‘‘October 1, 2020’’; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(II) by inserting ‘‘and water’’ 
after ‘‘energy’’; and 
(III) by inserting ‘‘and water’’ 
after ‘‘electricity’’; 
(ii) in the second sentence, by insert-
ing ‘‘and water’’ after ‘‘electricity’’; and 
(iii) in the fourth sentence, by insert-
ing ‘‘and water’’ after ‘‘energy’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘and’’ before 
‘‘Federal’’; and 
(II) by inserting ‘‘and any other 
person the Secretary deems nec-
essary,’’ before ‘‘shall’’; 
(ii) in subparagraph (B)— 
(I) in clause (i)(II), by inserting 
‘‘and water’’ after ‘‘energy’’ each 
place it appears; 
(II) in clause (ii), by inserting 
‘‘and water’’ after ‘‘energy’’; and 
(III) in clause (iv), by inserting 
‘‘and water’’ after ‘‘energy’’; and 
(iii) by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
(i) by redesignating subparagraphs 
(E), (F), and (G) as subparagraphs (F), 
(G), and (H), respectively; and 
(ii) by inserting after subparagraph 
(D) the following: 
‘‘(E) 
ONGOING
COMMISSIONING.—The 
term ‘ongoing commissioning’ means an ongo-
ing process of commissioning using monitored 
data, the primary goal of which is to ensure 
continuous optimum performance of a facility, 
in accordance with design or operating needs, 
over the useful life of the facility, while meeting 
facility occupancy requirements.’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘and water’’ before ‘‘use’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘energy’’ before 
‘‘efficiency’’; and 
(II) by inserting ‘‘or water’’ be-
fore ‘‘use’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 
energy manager designated for a facility under 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
subparagraph (A) shall take into consider-
ation— 
‘‘(i) the use of a system to manage 
energy and water use at the facility; and 
‘‘(ii) the applicability of the certifi-
cation of the facility in accordance with the 
International Organization for Standard-
ization standard numbered 50001 and en-
titled ‘Energy Management Systems’.’’; 
(C) by striking paragraphs (3) and (4) and 
inserting the following: 
‘‘(3) ENERGY AND WATER EVALUATIONS AND 
COMMISSIONING.— 
‘‘(A) EVALUATIONS.—Except as provided 
in subparagraph (B), not later than the date 
that is 180 days after the date of enactment of 
the Energy Savings and Industrial Competitive-
ness Act of 2019, and annually thereafter, each 
energy manager shall complete, for the pre-
ceding calendar year, a comprehensive energy 
and water evaluation and recommissioning or 
retrocommissioning for approximately 25 per-
cent of the facilities of the applicable agency 
that meet the criteria under paragraph (2)(B) 
in a manner that ensures that an evaluation of 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
each facility is completed not less frequently 
than once every 4 years. 
‘‘(B) EXCEPTIONS.—An evaluation and re-
commissioning or retrocommissioning shall not 
be required under subparagraph (A) with re-
spect to a facility that, as of the date on which 
the 
evaluation 
and 
recommissioning 
or 
retrocommissioning would occur— 
‘‘(i) has had a comprehensive energy 
and water evaluation during the preceding 
8-year period; 
‘‘(ii)(I) has been commissioned, re-
commissioned, or retrocommissioned dur-
ing the preceding 10-year period; or 
‘‘(II) is under ongoing commissioning, 
recommissioning, or retrocommissioning; 
‘‘(iii) has not had a major change in 
function or use since the previous evalua-
tion 
and 
recommissioning 
or 
retrocommissioning; 
‘‘(iv) has been benchmarked with pub-
lic disclosure under paragraph (8) during 
the preceding calendar year; and 
‘‘(v)(I) based on the benchmarking de-
scribed in clause (iv), has achieved at a fa-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
cility level the most recent cumulative en-
ergy savings target under subsection (a) 
compared to the earlier of— 
‘‘(aa) the date of the most recent 
evaluation; or 
‘‘(bb) the date— 
‘‘(AA) of the most recent 
commissioning, recommissioning, 
or retrocommissioning; or 
‘‘(BB) on which ongoing 
commissioning began; or 
‘‘(II) has a long-term contract in 
place guaranteeing energy savings at least 
as great as the energy savings target under 
subclause (I). 
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND
WATER
EFFICIENCY
MEASURES.—Not later 
than 2 years after the date of completion of each 
evaluation under paragraph (3), each energy man-
ager shall— 
‘‘(A) implement any energy- or water-sav-
ing measure that the Federal agency identified 
in the evaluation that is life cycle cost-effective; 
and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(B) bundle individual measures of varying 
paybacks together into combined projects.’’; 
(D) in paragraph (7)(B)(ii)(II), by insert-
ing ‘‘and water’’ after ‘‘energy’’; and 
(E) in paragraph (9)(A), in the matter 
preceding clause (i), by inserting ‘‘and water’’ 
after ‘‘energy’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 543 and inserting the fol-
lowing: 
‘‘Sec. 543. Energy and water management requirements.’’. 
SEC. 422. FEDERAL ENERGY MANAGEMENT PROGRAM. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended by adding at the 
end the following: 
‘‘(h) FEDERAL ENERGY MANAGEMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a program, to be known as the ‘Federal Energy 
Management Program’ (referred to in this sub-
section as the ‘Program’), to facilitate the implemen-
tation by the Federal Government of cost-effective 
energy and water management and energy-related 
investment practices— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(A) to coordinate and strengthen Federal 
energy and water resilience; and 
‘‘(B) to promote environmental steward-
ship. 
‘‘(2) PROGRAM ACTIVITIES.— 
‘‘(A) STRATEGIC
PLANNING
AND
TECH-
NICAL ASSISTANCE.—Under the Program, the 
Federal Director appointed under paragraph 
(3)(A) (referred to in this subsection as the 
‘Federal Director’) shall— 
‘‘(i) provide technical assistance and 
project implementation support and guid-
ance to Federal agencies to identify, imple-
ment, procure, and track energy and water 
conservation measures required under this 
Act and under other provisions of law (in-
cluding regulations); 
‘‘(ii) in coordination with the Admin-
istrator of the General Services Adminis-
tration, establish appropriate procedures, 
methods, and best practices for use by 
Federal agencies to select, monitor, and 
terminate contracts entered into under sec-
tion 546 with utilities; 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(iii) in coordination with the Federal 
Acquisition Regulatory Council, establish 
appropriate procedures, methods, and best 
practices for use by Federal agencies to se-
lect, monitor, and terminate contracts en-
tered into under section 801 with energy 
service contractors and utilities; 
‘‘(iv) establish and maintain internet- 
based information resources and project 
tracking systems and tools for energy and 
water management; 
‘‘(v) coordinate comprehensive and 
strategic approaches to energy and water 
resilience planning for Federal agencies; 
and 
‘‘(vi) establish a recognition program 
for Federal achievement in energy and 
water management, energy-related invest-
ment practices, environmental stewardship, 
and other relevant areas, through events 
such as individual recognition award cere-
monies and public announcements. 
‘‘(B) ENERGY AND WATER MANAGEMENT 
AND
REPORTING.—Under the Program, the 
Federal Director shall— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(i) track and report on the progress 
of Federal agencies in meeting the require-
ments of the agency under this section; 
‘‘(ii) make publicly available annual 
Federal agency performance data required 
under— 
‘‘(I) this section and sections 544 
through 548; and 
‘‘(II) section 203 of the Energy 
Policy Act of 2005 (42 U.S.C. 
15852); 
‘‘(iii)(I) collect energy and water use 
and consumption data from each Federal 
agency; and 
‘‘(II) based on that data, submit to 
each Federal agency a report that will fa-
cilitate the energy and water management, 
energy-related investment practices, and 
environmental stewardship of the agency in 
support of Federal goals under this Act 
and under other provisions of law (includ-
ing regulations); 
‘‘(iv)(I) establish new Federal building 
energy efficiency standards; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(II) in consultation with the Admin-
istrator of the General Services Adminis-
tration, acting through the head of the Of-
fice of High-Performance Green Buildings, 
implement new Federal building sustain-
able design principles for new Federal fa-
cilities; 
‘‘(v) manage the implementation of 
Federal building energy efficiency stand-
ards and sustainable design principles es-
tablished under section 305 of the Energy 
Conservation and Production Act (42 
U.S.C. 6834); and 
‘‘(vi) designate products for categories 
not covered under the Energy Star pro-
gram established under section 324A of 
the Energy Policy and Conservation Act 
(42 U.S.C. 6294a). 
‘‘(C) FEDERAL POLICY COORDINATION.— 
Under the Program, the Federal Director 
shall— 
‘‘(i) develop and implement accredited 
training consistent with existing Federal 
programs and activities— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(I) relating to energy and water 
use, management, and resilience in 
Federal buildings, energy-related in-
vestment practices, and environmental 
stewardship; and 
‘‘(II) 
that 
includes 
in-person 
training, 
internet-based 
programs, 
and 
national 
in-person 
training 
events; 
‘‘(ii) coordinate and facilitate energy 
and water management, energy-related in-
vestment practices, and environmental 
stewardship through the Interagency En-
ergy Management Task Force established 
under section 547; and 
‘‘(iii) report on the implementation of 
the priorities of the President, including 
Executive orders, relating to energy and 
water use in Federal buildings, in coordi-
nation with— 
‘‘(I) the Office of Management 
and Budget; 
‘‘(II) the Council on Environ-
mental Quality; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(III) any other entity, as consid-
ered necessary by the Federal Direc-
tor. 
‘‘(D) FACILITY
AND
FLEET
OPTIMIZA-
TION.—Under the Program, the Federal Direc-
tor shall develop guidance, supply assistance to, 
and track the progress of Federal agencies— 
‘‘(i) in conducting portfolio-wide facil-
ity energy and water resilience planning 
and project integration; 
‘‘(ii) in building new construction and 
major renovations to meet the sustainable 
design and energy and water performance 
standards required under this section; 
‘‘(iii) in developing guidelines for— 
‘‘(I) building commissioning; and 
‘‘(II) 
facility 
operations 
and 
maintenance; and 
‘‘(iv) in coordination with the Admin-
istrator of the General Services Adminis-
tration, in meeting statutory and agency 
goals for Federal fleet vehicles. 
‘‘(3) FEDERAL DIRECTOR.— 
‘‘(A) APPOINTMENT.—The Secretary shall 
appoint an individual to serve as Federal Direc-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
tor of the Program, which shall be a career po-
sition in the Senior Executive service, to man-
age the Program and carry out the activities of 
the Program described in paragraph (2). 
‘‘(B) 
DUTIES.—The 
Federal 
Director 
shall— 
‘‘(i) oversee, manage, and administer 
the Program; 
‘‘(ii) provide leadership in energy and 
water management, energy-related invest-
ment practices, and environmental stew-
ardship through coordination with Federal 
agencies and other appropriate entities; 
and 
‘‘(iii) establish a management council 
to advise the Federal Director that shall— 
‘‘(I) convene not less frequently 
than once every quarter; and 
‘‘(II) consist of representatives 
from— 
‘‘(aa) the Council on Envi-
ronmental Quality; 
‘‘(bb) the Office of Manage-
ment and Budget; and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
‘‘(cc) the Office of Federal 
High-Performance Green Build-
ings in the General Services Ad-
ministration. 
‘‘(4) SAVINGS CLAUSE.—Nothing in this sub-
section impedes, supersedes, or alters the authority 
of the Secretary to carry out the remainder of this 
section or section 305 of the Energy Conservation 
and Production Act (42 U.S.C. 6834). 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $36,000,000 for 
each of fiscal years 2020 through 2030.’’. 
SEC. 423. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE 
STANDARDS; 
CERTIFICATION 
SYSTEM AND LEVEL FOR GREEN BUILDINGS. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed— 
(1) in each of paragraphs (1) through (16), by 
inserting a paragraph heading, the text of which is 
comprised of the term defined in that paragraph; 
(2) by redesignating paragraphs (2) through 
(16) as paragraphs (3), (4), (6), (7), (8), (10), (12), 
(13), (14), (15), (16), (9), (17), (5), and (2), respec-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
tively, and moving the paragraphs so as to appear 
in numerical order; and 
(3) by inserting after paragraph (10) (as so re-
designated) the following: 
‘‘(11) MAJOR RENOVATION.—The term ‘major 
renovation’ means a modification of the energy sys-
tems of a building that is sufficiently extensive to 
ensure that the entire building can achieve compli-
ance with applicable energy standards for new build-
ings, as established by the Secretary.’’. 
(b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 
Section 305 of the Energy Conservation and Production 
Act (42 U.S.C. 6834) is amended— 
(1) in subsection (a)(3)— 
(A) by striking ‘‘(3)(A) Not later than’’ 
and all that follows through subparagraph (B) 
and inserting the following: 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-
FICIENCY
PERFORMANCE
STANDARDS; 
CERTIFI-
CATION FOR GREEN BUILDINGS.— 
‘‘(A) REVISED
FEDERAL
BUILDING
EN-
ERGY
EFFICIENCY
PERFORMANCE
STAND-
ARDS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the En-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
ergy Savings and Industrial Competitive-
ness Act of 2019, the Secretary shall es-
tablish, by regulation, revised Federal 
building energy efficiency performance 
standards that require that— 
‘‘(I) subject to clause (ii), new 
Federal buildings and Federal build-
ings with major renovations— 
‘‘(aa) meet or exceed the 
most recently published version 
of the International Energy Con-
servation Code (in the case of 
residential 
buildings) 
or 
ASHRAE Standard 90.1 (in the 
case of commercial buildings) as 
of the date of enactment of the 
Energy Savings and Industrial 
Competitiveness Act of 2019; and 
‘‘(bb) meet or exceed the en-
ergy provisions of the State and 
local building codes applicable to 
the building if the codes are more 
stringent than the most recently 
published version of the Inter-
national 
Energy 
Conservation 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
Code or ASHRAE Standard 90.1 
as of the date of enactment of 
the Energy Savings and Indus-
trial 
Competitiveness 
Act 
of 
2019, as applicable; 
‘‘(II) unless demonstrated not to 
be life cycle cost-effective for new 
Federal buildings and Federal build-
ings with major renovations— 
‘‘(aa) the buildings shall be 
designed to achieve energy con-
sumption levels that are not less 
than 30 percent below the levels 
established in the most recently 
published version of the Inter-
national 
Energy 
Conservation 
Code or the ASHRAE Standard, 
as of the date of enactment of 
the Energy Savings and Indus-
trial 
Competitiveness 
Act 
of 
2019, as appropriate; and 
‘‘(bb) 
sustainable 
design 
principles are applied to the loca-
tion, siting, design, and construc-
tion of all new Federal buildings 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
and replacement Federal build-
ings; 
‘‘(III) if water is used to achieve 
energy efficiency, water conservation 
technologies shall be applied to the ex-
tent that the technologies are life- 
cycle cost effective; and 
‘‘(IV) if life-cycle cost effective, 
as compared to other reasonably avail-
able technologies, not less than 30 
percent of the hot water demand for 
each new Federal building or Federal 
building undergoing a major renova-
tion be met through the installation 
and use of solar hot water heaters. 
‘‘(ii) EXCEPTION.—Clause (i)(I) shall 
not apply to the unaltered portions of Fed-
eral buildings and systems that have un-
dergone major renovations. 
‘‘(B) UPDATES.—Not later than 1 year 
after the date of approval of each subsequent 
revision of the ASHRAE Standard or the Inter-
national Energy Conservation Code, as appro-
priate, the Secretary shall determine whether 
the revised standards established under sub-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
100 
clauses (I) and (II) of subparagraph (A)(i) 
should be updated to reflect the revisions, based 
on the energy savings and life cycle cost-effec-
tiveness of the revisions.’’; 
(B) in subparagraph (C), by striking ‘‘(C) 
In the budget request’’ and inserting the fol-
lowing: 
‘‘(C) BUDGET
REQUEST.—In the budget 
request’’; and 
(C) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) CERTIFICATION FOR GREEN BUILD-
INGS.— 
‘‘(i) 
SUSTAINABLE
DESIGN
PRIN-
CIPLES.—Sustainable 
design 
principles 
shall be applied to the siting, design, and 
construction of buildings covered by this 
subparagraph. 
‘‘(ii) SELECTION
OF
CERTIFICATION 
SYSTEMS.—The Secretary, after reviewing 
the findings of the Federal Director under 
section 436(h) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 
17092(h)), in consultation with the Admin-
istrator of General Services, and in con-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
101 
sultation with the Secretary of Defense re-
lating to those facilities under the custody 
and control of the Department of Defense, 
shall determine those certification systems 
for green commercial and residential build-
ings that the Secretary determines to be 
the most likely to encourage a comprehen-
sive and environmentally sound approach 
to certification of green buildings. 
‘‘(iii) BASIS
FOR
SELECTION.—The 
determination of the certification systems 
under clause (ii) shall be based on ongoing 
review of the findings of the Federal Direc-
tor under section 436(h) of the Energy 
Independence and Security Act of 2007 
(42 U.S.C. 17092(h)) and the criteria de-
scribed in clause (v). 
‘‘(iv) 
ADMINISTRATION.—In 
deter-
mining certification systems under this 
subparagraph, the Secretary shall— 
‘‘(I) make a separate determina-
tion for all or part of each system; 
and 
‘‘(II) confirm that the criteria 
used to support the selection of build-
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
102 
ing products, materials, brands, and 
technologies— 
‘‘(aa) are based on relevant 
technical data; 
‘‘(bb) use and reward eval-
uation of health, safety, and envi-
ronmental 
risks 
and 
impacts 
across the lifecycle of the build-
ing product, material, brand, or 
technology, including methodolo-
gies generally accepted by the ap-
plicable scientific disciplines; 
‘‘(cc) as practicable, give 
preference to performance stand-
ards instead of prescriptive meas-
ures; and 
‘‘(dd) reward continual im-
provements in the lifecycle man-
agement of health, safety, and 
environmental risks and impacts. 
‘‘(v) 
CONSIDERATIONS.—In 
deter-
mining the green building certification sys-
tems under this subparagraph, the Sec-
retary shall take into consideration— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
103 
‘‘(I) the ability and availability of 
assessors and auditors to independ-
ently verify the criteria and measure-
ment of metrics at the scale necessary 
to implement this subparagraph; 
‘‘(II) the ability of the applicable 
certification organization to collect 
and reflect public comment; 
‘‘(III) the ability of the standard 
to be developed and revised through a 
consensus-based process; 
‘‘(IV) 
an 
evaluation 
of 
the 
robustness of the criteria for a high- 
performance green building, which 
shall give credit for promoting— 
‘‘(aa) efficient and sustain-
able use of water, energy, and 
other natural resources; 
‘‘(bb) use of renewable en-
ergy sources; 
‘‘(cc) improved indoor envi-
ronmental quality through en-
hanced indoor air quality, ther-
mal comfort, acoustics, day light-
ing, pollutant source control, and 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
104 
use of low-emission materials and 
building system controls; 
‘‘(dd)(AA) the sourcing of 
grown, harvested, or mined mate-
rials; and 
‘‘(BB) certifications of re-
sponsible sourcing, such as cer-
tifications provided by the Forest 
Stewardship Council, the Sus-
tainable Forestry Initiative, the 
American Tree Farm System, or 
the Programme for the Endorse-
ment of Forest Certification; and 
‘‘(ee) such other criteria as 
the Secretary determines to be 
appropriate; and 
‘‘(V) national recognition within 
the building industry. 
‘‘(vi) REVIEW.—The Secretary, in 
consultation with the Administrator of 
General Services and the Secretary of De-
fense, shall conduct an ongoing review to 
evaluate and compare private sector green 
building certification systems, taking into 
account— 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
105 
‘‘(I) the criteria described in 
clause (v); and 
‘‘(II) the identification made by 
the Federal Director under section 
436(h) of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 
17092(h)). 
‘‘(vii) EXCLUSIONS.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), if a certification sys-
tem fails to meet the review require-
ments of clause (v), the Secretary 
shall— 
‘‘(aa) identify the portions 
of the system, whether pre-
requisites, credits, points, or oth-
erwise, that meet the review cri-
teria of clause (v); 
‘‘(bb) determine the portions 
of the system that are suitable 
for use; and 
‘‘(cc) exclude all other por-
tions of the system from identi-
fication and use. 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS
106 
‘‘(II) 
ENTIRE
SYSTEMS.—The 
Secretary shall exclude an entire sys-
tem from use if an exclusion under 
subclause (I)— 
‘‘(aa) impedes the integrated 
use of the system; 
‘‘(bb) creates disparate re-
view criteria or unequal point ac-
cess for competing materials; or 
‘‘(cc) increases agency costs 
of the use. 
‘‘(viii) 
INTERNAL
CERTIFICATION 
PROCESSES.—The Secretary may by rule 
allow Federal agencies to develop internal 
certification processes, using certified pro-
fessionals, in lieu of certification by certifi-
cation entities identified under clause (ii). 
‘‘(ix) PRIVATIZED
MILITARY
HOUS-
ING.—With respect to privatized military 
housing, the Secretary of Defense, after 
consultation with the Secretary may, 
through rulemaking, develop alternative 
certification systems and levels than the 
systems and levels identified under clause 
(ii) that achieve an equivalent result in 
VerDate Sep 11 2014 
22:11 Jul 26, 2019
Jkt 089200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H3962.IH
H3962
pamtmann on DSKBFK8HB2PROD with BILLS