Federal Energy Management Improvement Act of 1988
PL 100-615 (S.1382), enacted 11/05/1988

PUBLIC LAW 100-615—NOV. 5, 1988 
102 STAT. 3185 
Public Law 100-615 
100th Congress 
An Act 
To amend the National Energy Conservation Policy Act with respect to the energy 
Nov. 5, 1988 
policy of the United States. 
[S. 1382] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 
Federal Energy 
SECTION 1. SHORT TITLE. 
I^^p"i^vement 
This Act may be cited as the "Federal Energy Management 
fo'^jT^in Q
O
A
I 
Improvement Act of 1988". 
Zte 
SEC. 2. FEDERAL ENERGY MANAGEMENT IMPROVEMENTS. 
(a) IN GENERAL.—Part 3 of title V of the National Energy Con-
servation Policy Act (42 U.S.C. 8251-8261) is amended to read £is 
follows: 
"PART 
3—FEDERAL 
ENERGY 
MANAGEMENT 
"SEC. 541. FINDINGS. 
"The Congress finds that— 
"(1) the Federal Government is the largest single energy 
consumer in the Nation; 
"(2) the cost of meeting the Federal Government's energy 
requirement is substantial; 
(3) there are significant opportunities in the Federal Govern-
ment to conserve and make more efficient use of energy 
through improved operations and maintenance, the use of new 
energy efficient technologies, and the application and achieve-
ment of energy efficient design and construction; 
"(4) Federal energy conservation measures can be financed at 
little or no cost to the Federal Government by using private 
investment capital made available through contracts authorized 
by title VIII of this Act; and 
"(5) an increase in energy efficiency by the Federal Govern-
ment would benefit the Nation by reducing the cost of 
government, reducing national dependence on foreign energy 
resources, and demonstrating the benefits of greater energy 
efficiency to the Nation. 
"SEC. 542. PURPOSE. 
"It is the purpose of this part to promote the conservation and the 
efficient use of energy by the Federal Government. 
"SEC. 
5
4
3
. 
ENERGY 
MANAGEMENT 
GOALS. 
"(a) ENERGY PERFORMANCE GOAL FOR FEDERAL BUILDINGS.—(1) 
Subject to paragraph (2), each agency shall apply energy conserva-
tion measures to, and shall improve the design for the construction 
of, its Federal buildings so that the energy consumption per gross 
square foot of its Federal buildings in use during the fiscal year 1995 
is at least 10 percent less than the energy consumption per gross 
102 STAT. 3186 
PUBLIC LAW 100-615—NOV. 5, 1988 
Public buildings 
and grounds. 
Public 
information. 
square foot of its Federal buildings in use during the fiscal year 
1985. 
"(2) An agency may exclude from the requirements of paragraph 
(1) any building, and the associated energy consumption and gross 
square footage, in which energy intensive activities are carried out. 
Each agency shall identify and list in each report made under 
section 548(a) the buildings designated by it for such exclusion. 
"(b) IMPLEMENTATION STEPS.—TO achieve the goal established in 
subsection (a), each agency shall— 
"(1) prepare or update, within 6 months after the date of the 
enactment of the Federal Energy Management Improvement 
Act of 1988, a plan describing how the agency intends to meet 
such goal, including how it will implement this part, designate 
personnel primarily responsible for achieving such goal, and 
identify high priority projects; 
"(2) perform energy surveys of its Federal buildings to the 
extent necessary; 
"(3) using such surveys, apply energy conservation measures 
in a manner which will attain the goal established in subsection 
(a) in the most cost-effective manner practicable; and 
"(4) ensure that the operation and maintenance procedures 
applied under this section are continued. 
"SEC. 544. ESTABLISHMENT AND USE OF LIFE CYCLE COST METHODS 
AND PROCEDURES. 
"(a) ESTABUSHMENT OF LiFE CYCLE COST METHODS AND PROCE-
DURES.—The Secretary, in consultation with the Director of the 
Office of Management and Budget, the Secretary of Defense, the 
Director of the National Bureau of Standards, and the Adminis-
trator of the Greneral Services Administration, shall— 
"(1) establish practical and effective present value methods 
for estimating and comparing life cycle costs for Federal build-
ings, using the sum of ail capital and operating expenses associ-
ated with the energy system of the building involved over the 
expected life of such system or during a period of 25 years, 
whichever is shorter, and using average fuel costs and a dis-
count rate determined by the Secretary; and 
"(2) develop and prescribe the procedures to be followed in 
applying and implementing the methods so established. 
"(b) USE OF LIFE C^CLE COST METHODS AND PROCEDURES.—(1) The 
design of new Federal buildings, and the application of energy 
conservation measures to existing Federal buildings, shall be made 
using life cycle cost methods and procedures established under 
subsection (a). 
"(2) In leasing buildings for its own use or that of another agency, 
each agency shall give appropriate preference to buildings which 
minimize life cycle costs. 
"(c) USE IN NON-FEDERAL STRUCTURES.—The Secretary shall make 
available information to the public on the use of life cycle cost 
methods in the construction of buildings, structures, and facilities in 
all segments of the economy. 
"SEC. 545. BUDGET TREATMENT FOR ENERGY CONSERVATION MEAS-
URES. 
"Each agency, in support of the President's annual budget request 
to the Congress, shall specifically set forth and identify funds re-
quested for energy conservation measures. 
PUBLIC LAW 100-615—NOV. 5, 1988 
102 STAT. 3187 
"SEC. 546. INCENTIVES FOR AGENCIES. 
Contracts. 
"(a) IN GENERAL.—Each agency shall establish a program of incen-
tives for conserving, and otherwise making more efficient use of, 
energy as a result of entering into contracts under title VIII of this 
Act. 
"G)) IMPLEMENTATION.—The head of each agency shall, no later 
than 120 days after the date of the enactment of the Federal Energy 
Management Improvement Act of 1988, implement procedures for 
entering into such contracts and for identifjdng, verifying, and 
utilizing, on a fiscal year basis, the cost savings resulting from such 
contracts. 
"(c) USE OP SAVINGS.—The portion of the funds appropriated to an 
agency for e n e i ^ expenses for a fiscal year that is equal to the 
amount of cost savings realized by such agency for such year from 
contracts entered into under title VIII shall remain available for 
obligation, without further appropriation, to undertake additional 
energy conservation measures. 
"SEC. 547. INTERAGENCY ENERGY MANAGEMENT TASK FORCE. 
"(a) IN GENERAL.—To assist the interagency committee organized 
under section 656 of the Department of Energy Organization Act (42 
U.S.C. 7266) to coordinate the activities of the Federal Grovemment 
in promoting energy conservation and the efficient use of energy 
and in informing non-Federal entities of the Federal experience in 
energy conservation, the Secreta^ shall esteblish an Interagency 
Energy Management Task Force (hereafter in this section referred 
to as the 'Task Force'). 
"(b) MEMBERS.—The Task Force shall be composed of the chief 
e n e i ^ managers of agencies represented on the interagency 
committee organized under section 656 of the Department of Energy 
Organization Act. 
(c) DUTIES.—The Task Force shall meet when the Secretary 
requests, but not less often than tvdce a year, to— 
"(1) assess the progress of the various agencies in achieving 
energy savings; 
"(2) collect and disseminate information to agencies, Stetes, 
local governments, and the public on effective survey tech-
niques, innovative approaches to the efficient use of energy, 
incentive programs developed under section 546, innovative 
contracting methods developed under title VIII of this Act, the 
use of cogeneration facilities and renewable resources, and 
other technologies that promote the conservation and efficient 
use of energy; 
"(3) coordinate energy surveys conducted by the agencies; 
"(4) develop options for use in conserving energy; 
"(5) report to the committee organized under section 656 of Reports. 
the Department of Energy Organization Act; £md 
"(6) review, from time to time as may be necessary, the 
regulations relating to building temperature settings to deter-
mine whether changes in such r^ulations would be appropriate 
to assist in meeting the goals specified in section 543. 
"SEC. 548. REPORTS. 
"(a) REPORTS TO THE SECRETARY.—Each agency shall transmit a 
report to the Secretary, at times specified by the Secretory but at 
least annually, with complete information on its activities imder 
this part, including information on— 
State and local 
governments. 
Public 
information. 
102 STAT. 3188 
PUBLIC LAW 100-615—NOV. 5, 1988 
"(1) the agency's progress in achieving the goals established 
by section 543; and 
"(2) the procedures being used by the agency pursuant to 
section 546(b), the number of contracts entered into by such 
agency under title VIII of this Act, the energy and cost savings 
that have resulted from such contracts, the use of such cost 
savings under section 546(c), and any problem encountered in 
entering into such contracts and otherwise implementing sec-
tion 546. 
"(b) REPORTS TO CONGRESS.—The Secretary shall report annually, 
with respect to each fiscal year beginning after the date of the 
enactment of this subsection, to the Congress— 
"(1) on all activities carried out under this part and on the 
progress made toward achievement of the objectives of this part, 
including a copy of the list of the exclusions made under section 
543(aX2); 
"(2) the number of contracts entered into by all agencies 
under title Vtll of this Act, the difficulties (if any) encountered 
in attempting to enter into such contracts, and proposed solu-
tions to those difficulties; and 
"(3) the extent and nature of interagency exchange of 
information concerning the conservation and efficient utiliza-
tion of energy. 
"SEC. 549. DEFINITIONS. 
"For the purposes of this part— 
"(1) the term 'agency' has the meaning given it in section 
551(1) of title 5, United States Code; 
"(2) the term 'construction' means new construction or 
substantial rehabilitation of existing structures; 
"(3) the term 'cogeneration facilities' has the same meaning 
given such term in section 3(18XA) of the Federal Power Act (16 
U.S.C. 796(18XA)); 
"(4) the term 'energy conservation measures' means measures 
that are applied to a Federal building that improve energy 
efficiency and are life cycle cost effective and that involve 
energy conservation, cogeneration facilities, renewable energy 
sources, improvements in operations and maintenance effi-
ciencies, or retrofit activities; 
"(5) the term 'energy survey' means a procedure used to 
determine energy and cost savings likely to result from the use 
of appropriate energy related maintenance and operating proce-
dures and modifications, including the purchase and installa-
tion of particular energy-related equipment and the use of 
renewable energy sources; 
"(6) the term 'Federal building' means any building, struc-
ture, or facility, or part thereof, including the associated energy 
consuming support systems, which is constructed, renovated, 
leased, or purchased in whole or in part for use by the Federal 
Government and which consumes energy; such term also means 
a collection of such buildings, structures, or facilities and the 
energy consuming support systems for such collection; 
"(7) the term 'life cycle cost' means the total costs of owning, 
operating, and maintaining a building over its useful life 
(including such costs as fuel, energy, labor, and replacement 
components) determined on the basis of a systematic evaluation 
and comparison of alternative building systems, except that in 
PUBLIC LAW 100-615—NOV. 5, 1988 
102 STAT. 3189 
the case of leased buildings, the life cycle costs shall be cal-
culated over the effective remaining term of the lease; 
"(8) the term 'renewable energy sources' includes, but is not 
limited to, sources such as agriculture and urban waste, 
goethermal energy, solar energy, and wind energy; and 
"(9) the term 'Secretary' means the Secretary of Energy.". 
(b) CoNFORAONG AMENDMENT.—Section 381(c) of the Energy Policy 
and CJonservation Act (42 U.S.C. 6361(c)) is amended to read as 
follows: 
"(c) The Secretary shall include in the report required under 
section 548(b) of the National Energy Conservation Policy Act the 
steps taken under subsections (a) and (b) of this section.". 
(c) TECHNICAL AMENDMENT.—Part 3 of title V of the table of 
contents of the National Energy Conservation Policy Act is amended 
to read as follows: 
"PART 3—FEDERAL ENERGY MANAGEMENT 
"Sec. 541. Findings. 
"Sec. 542. Purpose. 
"Sec. 543. Energy management goals. 
"Sec. 544. Establishment and use of life cycle cost methods and procedures. 
"Sec. 545. Budget treatment for energy conservation measures. 
"Sec. 546. Incentives for agencies. 
"Sec. 547. Interagency Energy Management Task Force. 
"Sec. 548. Reports. 
"Sec. 549. Definitions.". 
SEC. 3. SURVEY OF ENERGY SAVING POTENTIAL. 
Public buildings 
(a) IN GENERAL.—^The Secretary of Energy shall, using funds 
42u?c'8253 
appropriated to carry out this section, carry out an e n e i ^ survey, note. 
as defined in section 549(5) of the National Energy Conservation 
Policy Act, for the purposes of— 
(1) determining the maximum potential cost effective energy 
savings that may be achieved in a representative sample of 
buildings owned or leased by the Federal Government in dif-
ferent areas of the country; and 
(2) making recommendations for cost effective energy effi-
ciency and renewable energy improvements in those buUdings 
and in other similar Federal buildings. 
0)) IMPLEMENTATION.—(1) The Secretary shall transmit to the 
Congress, within 180 days after the date on which funds are appro-
priated to carry out this section, a plan for implementing this 
section. 
(2) The Secretary shall designate buildings to be surveyed in the 
project so as to obtain a sample of buildings of the types and in the 
climates that is representative of the buildings owned or leased by 
Federal agencies in the United States that consume the major 
portion of the energy consumed in Federal buildings. 
(3) For purposes of this section, an improvement shall be consid-
ered cost effective if the cost of the energy saved or displaced by the 
improvement exceeds the cost of the improvement over the remain-
ing life of a Federal building or the remaining term of a lease of a 
bmlding leased by the Federal Government as determined by the 
life cycle costing methodology developed under section 544 of the 
National Energy CJonservation Policy Act. 
(c) PERSONNEL.—(1) In carrying out this section, the Secretary 
shall utilize personnel who are— 
(A) employees of the Department of Elnergy; or 
102 STAT. 3190 
PUBLIC LAW 100-615—NOV. 5, 1988 
(B) selected by the agencies utilizing the buildings which are 
being surveyed under this section. 
(2) Such personnel shall be detailed for the purpose of canying out 
this section without any reduction of salary or benefits. 
(d) REPORT.—As soon as practicable after the completion of the 
project carried out under this section, the Secretary shall transmit a 
report of the findings and conclusions of the project to the Congress 
and to the agencies who own the buildings involved in such project. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated $250,000 to carry out this section. 
15 use 5001. 
SEC. 4. PENALTIES FOR ENTERING INTO COMMERCE OF IMITATION FIRE-
ARMS. 
(a) It shall be unlawful for any person to manufacture, enter into 
commerce, ship, transport, or receive any toy, look-alike, or imita-
tion firearm unless such firearm contains, or has affixed to it, a 
marking approved by the Secretary of Commerce, as provided in 
subsection O
t
>
)
. 
OJXD Except as provided in paragraph (2) or (3), each toy, look-
alike, or imitation firearm shall have as an integral part, perma-
nently affixed, a blaze orange plug inserted in the barrel of such toy, 
look-alike, or imitation firearm. Such plug shall be recessed no more 
than 6 millimeters from the muzzle end of the barrel of such 
firearm. 
(2) The Secretary of Commerce may provide for an alternate 
marking or device for any toy, look-alike, or imitation firearm not 
capable of being marked as provided in paragraph (1) and may waive 
the requirement of any such marking or device for any toy, look-
alike, or imitation firearm that will only be used in the theatrical, 
movie or television industry. 
(3) The Secretary is authorized to make adjustments and changes 
in the marking system provided for by this section, after consulting 
with interested persons. 
(c) For purposes of this section, the term "look-alike firearm" 
means any imitation of any original firearm which was manufac-
tured, designed, and produced since 1898, including and limited to 
toy guns, water guns, replica nonguns, and air-soft guns firing 
nonmetallic projectiles. Such term does not include any look-alike, 
nonfiring, collector replica of an antique firearm developed prior to 
1898, or traditional B-B, paint-ball, or pellet-firing air guns that 
expel a projectile through the force of air pressure. 
Reports. 
(d) The Director of the Bureau of Justice Statistics is authorized 
and directed to conduct a study of the criminal misuse of toy, look-
alike and imitation firearms, including studying police reports of 
such incidences and shall report on such incidences relative to 
marked and unmarked firearms. 
(c) The Director of National Institute of Justice is authorized and 
directed to conduct a technical evaluation of the marking systems 
provided for in subsection (b) to determine their effectiveness in 
police combat situations. The Director shall begin the study within 3 
months after the date of enactment of this section and such study 
shall be completed within 9 months after such date of enactment. 
Effective date. 
(f) This section shall become effective on the date 6 months after 
the date of its enactment and shall apply to toy, look-alike, and 
imitation firearms manufactured or entered into commerce after 
such date of enactment. 
PUBLIC LAW 100-615—NOV. 5, 1988 
102 STAT. 3191 
(g) The provisions of this section shall supersede any provision of State and local 
State or local laws or ordinances which provide for markings or governments. 
identification inconsistent with provisions of this section provided 
that no State shall— 
(i) prohibit the sale or manufacture of any look-alike, 
nonfiring, collector replica of an antique firearm developed 
prior to 1898, or 
(ii) prohibit the sale (other than prohibiting the sale to 
minors) of traditional B-B, paint ball, or pellet-firing air guns 
that expel a projectile through the force of air pressure. 
Approved November 5, 1988. 
LEGISLATIVE HISTORY—S. 1382 (H.R. 4065): 
HOUSE REPORTS: No. 100-684 accompanying H.R. 4065 (Ck)mm. on Energy and 
Commerce). 
SENATE REPORTS: No. 100-256 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Dec. 18, considered and passed Senate. 
Vol. 134 (1988): June 27, 28, H.R. 4065 considered and passed House. 
June 29, S. 1382 considered and passed House, amended. 
Oct. 11, Senate concurred in House amendments with an 
amendment. 
Oct. 12, House concurred in Senate amendment.