‘‘(i) IN
GENERAL.—In 2017 and 
2019, the Secretary shall publish an anal-
ysis of the data collected under subpara-
graph (C) to assess the extent to which 
shipped products are put into use in de-
mand response and thermal storage pro-
grams. 
‘‘(ii) PREVENTION
OF
PRODUCT
DI-
VERSION.—If the Secretary determines 
that sales of grid-enabled water heaters ex-
ceed by 15 percent or greater the quantity 
of such products activated for use in de-
mand response and thermal storage pro-
grams annually, the Secretary shall, after 
opportunity for notice and comment, estab-
lish procedures to prevent product diver-
sion for non-program purposes. 
‘‘(E) COMPLIANCE.— 
‘‘(i) 
IN
GENERAL.—Subparagraphs 
(A) through (D) shall remain in effect 
until the Secretary determines under this 
section that— 
‘‘(I) grid-enabled water heaters 
do not require a separate efficiency 
requirement; or
‘‘(II) sales of grid-enabled water 
heaters exceed by 15 percent or great-
er the quantity of such products acti-
vated for use in demand response and 
thermal storage programs annually 
and procedures to prevent product di-
version for non-program purposes 
would not be adequate to prevent such 
product diversion. 
‘‘(ii) EFFECTIVE DATE.—If the Sec-
retary exercises the authority described in 
clause (i) or amends the efficiency require-
ment for grid-enabled water heaters, that 
action will take effect on the date de-
scribed in subsection (m)(4)(A)(ii). 
‘‘(iii) CONSIDERATION.—In carrying 
out this section with respect to electric 
water heaters, the Secretary shall consider 
the impact on thermal storage and demand 
response programs, including any impact 
on energy savings, electric bills, peak load 
reduction, electric reliability, integration of 
renewable resources, and the environment. 
‘‘(iv) REQUIREMENTS.—In carrying 
out this paragraph, the Secretary shall re-
quire that grid-enabled water heaters be 
equipped with communication capability to 
enable the grid-enabled water heaters to 
participate in ancillary services programs if 
the Secretary determines that the tech-
nology is available, practical, and cost-ef-
fective.’’; 
(2) in section 332(a) (42 U.S.C. 6302(a))— 
(A) in paragraph (5), by striking ‘‘or’’ at 
the end; 
(B) in the first paragraph (6), by striking 
the period at the end and inserting a semicolon; 
(C) by redesignating the second paragraph 
(6) as paragraph (7); 
(D) in subparagraph (B) of paragraph (7) 
(as so redesignated), by striking the period at 
the end and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(8) for any person to— 
‘‘(A) activate an activation lock for a grid- 
enabled water heater with knowledge that such 
water heater is not used as part of an electric 
thermal storage or demand response program; 
‘‘(B) distribute an activation key for a 
grid-enabled water heater with knowledge that
such activation key will be used to activate a 
grid-enabled water heater that is not used as 
part of an electric thermal storage or demand 
response program; 
‘‘(C) otherwise enable a grid-enabled water 
heater to operate at its designed specification 
and capabilities with knowledge that such water 
heater is not used as part of an electric thermal 
storage or demand response program; or 
‘‘(D) knowingly remove or render illegible 
the label of a grid-enabled water heater de-
scribed in section 325(e)(6)(A)(ii)(V).’’; 
(3) in section 333(a) (42 U.S.C. 6303(a))— 
(A) by striking ‘‘section 332(a)(5)’’ and in-
serting ‘‘paragraph (5), (6), (7), or (8) of sec-
tion 332(a)’’; and 
(B) by striking ‘‘paragraph (1), (2), or (5) 
of section 332(a)’’ and inserting ‘‘paragraph 
(1), (2), (5), (6), (7), or (8) of section 332(a)’’; 
and 
(4) in section 334 (42 U.S.C. 6304)— 
(A) by striking ‘‘section 332(a)(5)’’ and in-
serting ‘‘paragraph (5), (6), (7), or (8) of sec-
tion 332(a)’’; and
(B) by striking ‘‘section 332(a)(6)’’ and in-
serting ‘‘section 332(a)(7)’’. 
TITLE III—ENERGY EFFICIENT 
GOVERNMENT TECHNOLOGY 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Energy Efficient Gov-
ernment Technology Act’’. 
SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
Subtitle C of title V of the Energy Independence and 
Security Act of 2007 (Public Law 110–140; 121 Stat. 
1661) is amended by adding at the end the following: 
‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(2) INFORMATION
TECHNOLOGY.—The term 
‘information technology’ has the meaning given that 
term in section 11101 of title 40, United States 
Code. 
‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT-
EGY.—Not later than 1 year after the date of enactment 
of this section, each Federal agency shall coordinate with
the Director, the Secretary, and the Administrator of the 
Environmental Protection Agency to develop an implemen-
tation strategy (that includes best practices and measure-
ment and verification techniques) for the maintenance, 
purchase, and use by the Federal agency of energy-effi-
cient and energy-saving information technologies, taking 
into consideration the performance goals established under 
subsection (d). 
‘‘(c) ADMINISTRATION.—In developing an implemen-
tation strategy under subsection (b), each Federal agency 
shall consider— 
‘‘(1) advanced metering infrastructure; 
‘‘(2) energy-efficient data center strategies and 
methods of increasing asset and infrastructure utili-
zation; 
‘‘(3) advanced power management tools; 
‘‘(4) building information modeling, including 
building energy management; 
‘‘(5) secure telework and travel substitution 
tools; and 
‘‘(6) mechanisms to ensure that the agency re-
alizes the energy cost savings brought about through 
increased efficiency and utilization. 
‘‘(d) PERFORMANCE GOALS.—