I 
112TH CONGRESS 
1ST SESSION H. R. 3371 
To produce high-performance Federal buildings through an improved ap-
proach to building utilization, design, construction, and operations and 
maintenance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2011 
Mr. CARNAHAN
(for himself, Mr. WESTMORELAND, Mr. WELCH, Mr. 
QUIGLEY, Ms. HIRONO, Mr. PERLMUTTER, Ms. MCCOLLUM, Ms. 
EDWARDS, Mr. POLIS, Mr. GARAMENDI, Ms. DELAURO, Mr. RYAN of 
Ohio, Mr. HONDA, Mr. GRIJALVA, Ms. SCHAKOWSKY, and Ms. TSONGAS) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure, and in addition to the Committee on 
Energy and Commerce, 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 produce high-performance Federal buildings through an 
improved approach to building utilization, design, con-
struction, and operations and maintenance, 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 
‘‘High-Performance Federal Buildings Act of 2011’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Consideration of life-cycle cost required. 
Sec. 3. Long-term savings through life-cycle cost analysis. 
Sec. 4. Building commissioning. 
Sec. 5. Integrated design processes and building information modeling. 
Sec. 6. Reporting of Federal building performance data. 
Sec. 7. Verification of compliance with requirements. 
Sec. 8. Availability of funds for design updates to meet standards. 
Sec. 9. Updating Federal building energy efficiency performance standards. 
Sec. 10. Establishing and updating Federal building water efficiency perform-
ance standards. 
SEC. 2. CONSIDERATION OF LIFE-CYCLE COST REQUIRED. 
(a) REQUIREMENT.—The head of a Federal depart-
ment or agency involved in the construction of a building 
described in subsection (b) shall ensure that the life-cycle 
cost of the building is considered during the design of the 
building. 
(b) FEDERAL BUILDINGS SUBJECT
TO REQUIRE-
MENT.—A building is subject to the requirement under 
subsection (a) if— 
(1) construction of the building begins after the 
date of enactment of this Act; 
(2) the estimated construction costs of the 
building exceed $1,000,000; and 
(3) Federal funding comprises more than 50 
percent of the funding for the estimated construction 
costs of the building. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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(1) LIFE-CYCLE
COST.—The term ‘‘life-cycle 
cost’’ means the sum of the following costs, as esti-
mated for the lifetime of a building: 
(A) Investment costs. 
(B) Capital costs. 
(C) Installation costs. 
(D) Energy costs. 
(E) Operating costs. 
(F) Maintenance costs. 
(G) Replacement costs. 
(2) LIFETIME OF A BUILDING.—The term ‘‘life-
time of a building’’ means, with respect to a build-
ing, the greater of— 
(A) the period of time during which the 
building is projected to be utilized; or 
(B) 50 years. 
SEC. 3. LONG-TERM SAVINGS THROUGH LIFE-CYCLE COST 
ANALYSIS. 
Section 3307(b) of title 40, United States Code, is 
amended— 
(1) in paragraph (6) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(8) with respect to any prospectus for the con-
struction, alteration, or acquisition of any building 
or space to be leased, a statement by the Adminis-
trator describing the use of life-cycle cost analysis 
and any increased design, construction, or acquisi-
tion costs identified by such analysis that are offset 
by lower long-term costs.’’. 
SEC. 4. BUILDING COMMISSIONING. 
(a) FEDERAL BUILDING COMMISSIONING STAND-
ARDS.—Not later than one year after the date of enact-
ment of this Act, the Administrator of General Services 
shall issue regulations establishing Federal building com-
missioning standards, modeled on existing private sector 
standards and guidelines, for— 
(1) the commissioning process generally; 
(2) the commissioning of individual building 
systems, including heating, ventilation, and air-con-
ditioning, building envelope, and fire protection and 
life safety systems; and 
(3) the use of building automation systems to 
perform ongoing commissioning of connected build-
ing systems. 
(b) REQUIREMENT.—With respect to each building 
constructed or altered by the Administrator or the head 
of any other Federal department or agency after the date 
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on which regulations are issued under paragraph (1), the 
Administrator or the head of such department or agency 
shall require commissioning with respect to such building 
that meets or exceeds the standards established under 
such regulations. 
(c) COMMISSIONING DEFINED.—In this section, the 
term ‘‘commissioning’’ means a process for examining and 
evaluating a building or individual building system for the 
purpose of verifying and delivering a building or system 
that meets the building owner’s requirements for use. 
SEC. 5. INTEGRATED DESIGN PROCESSES AND BUILDING 
INFORMATION MODELING. 
(a) INTEGRATED DESIGN PROCESSES AND BUILDING 
INFORMATION MODELING.— 
(1) STUDY.—The Comptroller General, in con-
sultation with representatives of relevant profes-
sional societies and industry associations, shall con-
duct a study on the use of integrated design proc-
esses and building information modeling with respect 
to the design and construction of Federal buildings. 
(2) REPORT.—Not later than one year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall submit to Congress a report on the results 
of the study conducted under paragraph (1), includ-
ing a description of— 
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(A) the legal, institutional, and other con-
straints on the use of integrated design proc-
esses and building information modeling by the 
Federal Government; 
(B) the likely impact of the use of inte-
grated design processes and building informa-
tion modeling on the procurement and budg-
eting process over the life of a facility; 
(C) the potential impact of the use of inte-
grated design processes and building informa-
tion modeling on private sector firms and an 
analysis of measures to mitigate any negative 
impacts on small businesses; 
(D) an analysis of the amount of product 
information that has building information mod-
eling profiles and what level of product profiles 
must be available in order for building informa-
tion modeling to be effectively used throughout 
the life of a facility; 
(E) an analysis of the benefits of the use 
of integrated design processes and building in-
formation modeling during the life cycle of a fa-
cility; and 
(F) recommendations for the development 
of a streamlined process for the design and con-
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struction of Federal buildings using integrated 
design processes and building information mod-
eling. 
(b) OFFICE
OF
FEDERAL
HIGH-PERFORMANCE 
GREEN BUILDINGS.—Not later than 90 days after the 
date of enactment of this Act, the duties of the Director 
of the Office of Federal High-Performance Green Build-
ings shall include— 
(1) providing technical assistance and guidance 
to Federal departments and agencies with respect to 
the utilization of building information modeling, 
commissioning, and integrated design processes; 
(2) identification of best practices with respect 
to the utilization of building information modeling, 
commissioning, and integrated design processes, in-
cluding identifying appropriate case studies from the 
Federal Government and the private sector; 
(3) disseminating to Federal departments and 
agencies, State and local governments, and the pri-
vate sector, through a publically available Web-based 
system or other means, information on best practices 
identified under paragraph (2); and 
(4) identifying the research and technologies 
necessary to understand the interactions of building 
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systems and effectively predict the outcomes of such 
interactions. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) BUILDING INFORMATION MODELING.—The 
term ‘‘building information modeling’’ means the de-
velopment and use of a computer-based model to 
document a building design and simulate the con-
struction and operation of a building with respect to 
which various users can extract and add information 
to generate feedback on and improve the building’s 
design, construction, operation, and maintenance. 
(2) 
COMMISSIONING.—The 
term 
‘‘commis-
sioning’’ has the meaning given that term in section 
4(c) of this Act. 
(3) INTEGRATED DESIGN PROCESS.—The term 
‘‘integrated design process’’ means a process for the 
design and construction of a building or space that 
involves the collaboration of architects, engineers, 
contractors, building owners, commissioning agents, 
occupants, management staff, and other appropriate 
personnel during all phases of the design and con-
struction of such building or space with the goal of 
reducing waste and duplication and achieving high- 
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performance building characteristics identified at the 
beginning of the project. 
SEC. 6. REPORTING OF FEDERAL BUILDING PERFORMANCE 
DATA. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
(1) by redesignating the second subsection (f), 
as added by section 434(a) of the Energy Independ-
ence and Security Act of 2007 (Public Law 110– 
140), as subsection (g); and 
(2) in subsection (f) by adding at the end the 
following: 
‘‘(12) REPORTING ON COMMISSIONING AND EN-
ERGY AND WATER SAVINGS MEASURES.— 
‘‘(A) IN GENERAL.—Each energy manager 
shall submit the evaluations, commissioning re-
ports, plans, measurements, and verifications 
under paragraphs (3) and (5) to the Web-based 
system established under paragraph (7) or to 
another publicly available Web-based system 
identified by the Secretary. 
‘‘(B) STANDARDIZING
REPORTING
FOR-
MATS.—Not later than one year after the date 
of enactment of this paragraph, the Secretary, 
in consultation with the Administrator of Gen-
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eral Services and representatives of relevant 
professional societies and industry associations, 
shall recognize or develop a standardized format 
for obtaining and submitting the information 
specified in subparagraph (A). 
‘‘(13) ANNUAL REPORT ON FEDERAL BUILDING 
ENERGY AND WATER CHARACTERISTICS.—Not later 
than one year after the date of enactment of this 
paragraph, and annually thereafter, the Secretary 
shall submit to Congress and other Federal depart-
ments and agencies, and make available to the pub-
lic, a report summarizing the energy use, water use, 
and high-performance attributes of Federal build-
ings, which shall include— 
‘‘(A) energy use, water use, and green-
house gas emissions data by Department of En-
ergy climate zone, building type, primary build-
ing use, department or agency, and building 
vintage; 
‘‘(B) data on total energy usage and en-
ergy usage by heating, ventilation, and air-con-
ditioning, water heating, lighting, plug-loads, 
and other subsystems; 
‘‘(C) data on the energy, water, greenhouse 
gas emissions, and cost savings attributable to 
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compliance with relevant Federal law and the 
baseline used for a determination of such sav-
ings; 
‘‘(D) a description of the requirements and 
programs relating to energy use, water use, or 
greenhouse gas emissions applicable to the de-
sign and operation of Federal buildings and the 
outcomes, including energy, water, greenhouse 
gas emissions, and cost savings, of such re-
quirements and programs (such requirements 
and programs include green building and en-
ergy rating systems and energy codes and 
standards); 
‘‘(E) a description of the use of design or 
technological features that contribute to reduc-
tions in energy and water use, including fea-
tures relating to building controls, heating and 
cooling, ventilation, efficient lighting, lighting 
controls, daylighting, plumbing fixtures, water 
heating systems, food preparation equipment, 
building envelopes, orientation, site selection, 
integrated design, building information mod-
eling, commissioning, and other features deter-
mined appropriate for inclusion by the Sec-
retary; 
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‘‘(F) a description of any lessons learned 
from and case studies included in the informa-
tion submitted under paragraph (12); 
‘‘(G) a description of the characteristics of 
high-performance buildings and high-perform-
ance green buildings, as such terms are defined 
under section 401 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17061), 
including with respect to— 
‘‘(i) indoor environmental quality; 
‘‘(ii) air and water pollution; 
‘‘(iii) waste generation; 
‘‘(iv) impacts on transportation due to 
building location and site design; 
‘‘(v) safety, security, and resiliency at-
tributes; 
‘‘(vi) historic preservation; and 
‘‘(vii) 
operation 
and 
functionality 
characteristics; and 
‘‘(H) additional information determined 
appropriate for inclusion by the Secretary.’’. 
SEC. 7. VERIFICATION OF COMPLIANCE WITH REQUIRE-
MENTS. 
(a) POSTCONSTRUCTION
REPORTING.—Not later 
than one year after the date of substantial completion of 
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the construction or alteration of a building, the construc-
tion or alteration of which was approved under section 
3307(a) of title 40, United States Code, and biennially 
thereafter, the Administrator of General Services shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives, the Committee 
on Environment and Public Works of the Senate, and the 
Director of the Office of Management and Budget a report 
with respect to such building demonstrating compliance 
with requirements under part 3 of title V of the National 
Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), 
subtitle II of title 40, United States Code, subtitle F of 
title I of the Energy Policy Act of 1992 (42 U.S.C. 8262 
et seq.), sections 305 and 306 of the Energy Conservation 
and Production Act (42 U.S.C. 6834 and 6835), and other 
laws and regulations relating to the design, construction, 
and alteration of public buildings. 
(b) VERIFICATION OF POSTCONSTRUCTION REPORT-
ING.—Not later than one year after the date of enactment 
of this Act, the Director of the Office of Management and 
Budget, in consultation with representatives of relevant 
private sector organizations, shall recognize or develop 
mechanisms for the measurement and verification of com-
pliance with the requirements specified under subsection 
(a). 
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(c) INSPECTOR GENERAL REVIEW.— 
(1) IN GENERAL.—Each Inspector General ap-
pointed under the Inspector General Act of 1978 (5 
U.S.C. App.) shall conduct reviews of the depart-
ment or agency applicable to such Inspector General 
with respect to the compliance, and cost savings at-
tributable to the compliance, of such department or 
agency with requirements under part 3 of title V of 
the National Energy Conservation Policy Act (42 
U.S.C. 8251 et seq.), subtitle II of title 40, United 
States Code, and other laws and regulations relating 
to the design, construction, and alteration of public 
buildings, to the extent that such reviews are not in-
consistent with the performance of the required du-
ties of such Inspector General. 
(2) TIMING.—Reviews under paragraph (1) 
shall be conducted at least biennially by each Inspec-
tor General, unless the applicable department or 
agency has not engaged in the design, construction, 
or alteration of a public building and has not pro-
vided for the operation and maintenance of a public 
building since the last such review of such depart-
ment or agency. 
(3) TRANSMISSION OF REPORTS.—Each Inspec-
tor General shall submit to the Director of the Of-
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fice of Management and Budget, the Secretary of 
Energy, the Committee on Appropriations of the 
House of Representatives, and the Committee on 
Appropriations of the Senate a report on each review 
conducted under paragraph (1) by that Inspector 
General. The Secretary of Energy shall include re-
ports submitted to the Secretary under this para-
graph in the annual report required under section 
543(f)(13) of the National Energy Conservation Pol-
icy Act (as added by section 6 of this Act). 
SEC. 8. AVAILABILITY OF FUNDS FOR DESIGN UPDATES TO 
MEET STANDARDS. 
With respect to a building or space receiving approval 
under section 3307(a) of title 40, United States Code, the 
design of which has been substantially completed but the 
construction of which has not yet begun, the Adminis-
trator may use amounts from the Federal Building Fund 
Capital Account to update the design of such building or 
space to meet Federal building energy and water efficiency 
standards. With respect to each such building or space, 
amounts used under this section may not exceed 125 per-
cent of the estimated energy, water, operations and main-
tenance, and other cost savings determined to be associ-
ated with the applicable design update by a life-cycle cost 
analysis. 
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SEC. 9. UPDATING FEDERAL BUILDING ENERGY EFFI-
CIENCY PERFORMANCE STANDARDS. 
Subparagraph (B) of section 305(a)(3) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)) 
is amended to read as follows: 
‘‘(B) Not later than one year after the date of ap-
proval of each subsequent revision of the ASHRAE Stand-
ard or the International Energy Conservation Code, the 
ASHRAE Standard or the International Energy Con-
servation Code specified in subparagraph (A)(i)(I) shall be 
treated as updated to the revised version unless the Sec-
retary has determined that, based on cost effectiveness, 
the percentage identified in such subparagraph should be 
adjusted.’’. 
SEC. 10. ESTABLISHING AND UPDATING FEDERAL BUILD-
ING 
WATER 
EFFICIENCY 
PERFORMANCE 
STANDARDS. 
(a) ESTABLISHMENT.—Not later than 2 years after 
the date of enactment of this Act, the Secretary of Energy, 
in consultation with appropriate Federal departments and 
agencies and relevant codes and standards development 
organizations, shall issue regulations establishing Federal 
building water efficiency standards that require Federal 
buildings constructed after the date on which such regula-
tions are issued to incorporate water efficiency measures 
that are technologically feasible and economically justified. 
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(b) CONTENTS.—The standards established under 
subsection (a) shall— 
(1) include water efficiency measures that meet 
or exceed the water efficiency measures of national 
consensus-based minimum plumbing codes published 
as of the date of enactment of this Act; and 
(2) to the extent practicable, use the same for-
mat as such codes. 
(c) UPDATES.—At least once every 3 years, the Sec-
retary shall review the Federal building water efficiency 
standards established under subsection (a) and, if signifi-
cant water savings would result, shall revise such stand-
ards to include additional water efficiency measures that 
are technologically feasible and economically justified. 
(d) CONSIDERATIONS.—In considering revisions 
under subsection (c), the Secretary shall consider any 
water-related provisions of the most recent versions of na-
tional consensus-based above-minimum plumbing codes. 
Æ 
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