IB 
Union Calendar No. 435 
115TH CONGRESS 
2D SESSION 
H. R. 723 
[Report No. 115–575] 
To amend the National Energy Conservation Policy Act to encourage the 
increased use of performance contracting in Federal facilities, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2017 
Mr. KINZINGER (for himself and Mr. WELCH) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
FEBRUARY 23, 2018 
Additional sponsors: Mrs. LOVE, Mr. PERLMUTTER, Mr. GRIJALVA, Mr. COLE, 
Mr. CARTWRIGHT, and Mr. PETERS 
FEBRUARY 23, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 30, 2017] 
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A BILL 
To amend the National Energy Conservation Policy Act to 
encourage the increased use of performance contracting 
in Federal facilities, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Savings Through 
Public-Private Partnerships Act of 2017’’. 
SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
(a) ENERGY MANAGEMENT REQUIREMENTS.—Section 
543(f)(4) of the National Energy Conservation Policy Act 
(42 U.S.C. 8253(f)(4)) is amended by striking ‘‘may’’ and 
inserting ‘‘shall’’. 
(b) REPORTS.—Section 548(b) of the National Energy 
Conservation Policy Act (42 U.S.C. 8258(b)) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5)(A) the status of the energy savings perform-
ance contracts and utility energy service contracts of 
each agency; 
‘‘(B) the investment value of the contracts; 
‘‘(C) the guaranteed energy savings for the pre-
vious year as compared to the actual energy savings 
for the previous year; 
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‘‘(D) the plan for entering into the contracts in 
the coming year; and 
‘‘(E) information explaining why any previously 
submitted plans for the contracts were not imple-
mented.’’. 
(c) DEFINITION OF ENERGY CONSERVATION MEAS-
URES.—Section 551(4) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8259(4)) is amended by striking 
‘‘or retrofit activities’’ and inserting ‘‘retrofit activities, or 
energy consuming devices and required support structures’’. 
(d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec-
tion 801(a)(2)(F) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287(a)(2)(F)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(iii) limit the recognition of operation 
and maintenance savings associated with 
systems modernized or replaced with the 
implementation 
of 
energy 
conservation 
measures, water conservation measures, or 
any combination of energy conservation 
measures and water conservation meas-
ures.’’. 
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