[Senate Report 116-143]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 263
116th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      116-143

======================================================================



 
           ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS ACT

                                _______
                                

                October 23, 2019.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2137]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2137) to promote energy savings in 
residential buildings and industry, and for other purposes, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.

                               Amendments

    The amendments are as follows:
    On page 87, line 24, insert ``(as amended by section 301)'' 
before ``is amended''.
    On page 88, line 1, strike ``(h)'' and insert ``(i)''.
    Beginning on page 95, strike line 23 and all that follows 
through page 96, line 11 and insert the following:

    (a) Definitions.--Section 303 of the Energy Conservation 
and Production Act (42 U.S.C. 6832) (as amended by section 
101(a)) is amended--
          (1) in each of paragraphs (1) through (13), (15), and 
        (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 (13) and 
        (15) through (18) as paragraphs (3), (4), (6), (7), 
        (8), (10), (15), (16), (17), (18), (19), (9), (5), (2), 
        (11), and (12), respectively, and moving the paragraphs 
        so as to appear in numerical order; and
          (3) by inserting after paragraph (12) (as so 
        redesignated) the following:
          ``(13) Major renovation.--The term `major

                                Purpose

    The purpose of S. 2137 is to promote energy savings in 
residential buildings and industry, and for other purposes.

                          Background and Need

    Since the 1973 oil embargo and every subsequent energy 
crisis, studies have shown that the U.S. could save energy and 
money by investing in energy efficiency measures. Today, 
efficient energy use and the deployment of more efficient 
technologies are critical to U.S. economic competitiveness and 
job creation. In addition, efficient energy use reduces 
pollution that would be associated with energy production.
    The International Energy Agency in 2018 determined that 
energy efficiency policies alone could potentially achieve more 
than 40 percent of the emissions cuts needed to reach goals in 
line with the Paris Climate Agreement. In 2017, the Electric 
Power Research Institute found that energy efficiency 
improvements could save consumers and businesses nearly 741,000 
gigawatt hours of electricity between 2016 and 2035, about 16 
percent of U.S. electricity use projected in 2035.
    S. 2137, the Energy Savings and Industrial Competitiveness 
Act, proposes a national strategy to increase energy efficiency 
in the residential, commercial, Federal, and industrial sectors 
of the economy. The legislation would use a variety of low-cost 
tools to reduce barriers to private sector efficiency 
investments and to promote the adoption of ``off-the-shelf'' 
technologies to save money for consumers and businesses, make 
America more energy independent, the economy more competitive, 
and reduce environmental impacts. For most energy consuming 
appliances and equipment, more efficient models or technologies 
are commercially available today. Increased deployment of these 
alternatives would pay for themselves through energy savings 
and yield long-term benefits to consumers and to the nation.
    According to DOE, commercial and residential buildings 
combined consumed 41 percent of all energy used in the U.S. The 
U.S. industrial sector consumes more energy than any other 
sector of the economy, and the Federal Government is the 
largest single energy consumer in the nation. S. 2137's 
provisions target these sectors for energy-efficiency upgrades 
in order to promote economic growth across the country.

                          Legislative History

    S. 2137 was introduced by Senators Portman, Shaheen, 
Bennet, Collins, Coons, Hassan, Manchin, Warner, and Wicker on 
July 17, 2019. Companion legislation, H.R. 3962, was introduced 
in the House of Representatives by Representatives Welch (D-VT) 
and McKinley (R-WV) on July 25, 2019. The Subcommittee on 
Energy held a hearing on the measure on September 11, 2019.
    In the 115th Congress, a similar bill, S. 385, was 
introduced by Senators Portman, Shaheen, Bennet, Collins, 
Coons, Franken, Heitkamp, Heller, Manchin, Warner, and Wicker 
on February 15, 2017. The Committee met in an open business 
session on March 30, 2017, and ordered S. 385 favorably 
reported (S. Rept. 115-60).
    Also in the 115th Congress, companion legislation, H.R. 
1443, was introduced in the House of Representatives by 
Representative McKinley on March 9, 2017.
    In the 114th Congress, a similar bill, S. 720, was 
introduced by Senators Portman, Shaheen, Ayotte, Bennet, 
Cantwell, Collins, Coons, Franken, Heller, Hoeven, Manchin, 
Murkowski, Warner, and Wicker on March 11, 2015. The Committee 
on Energy and Natural Resources held a hearing on S. 720 on 
April 30, 2015 (S. Hrg. 114-166). In an open business session 
on July 30, 2015, the bill was favorably reported with 
amendments by the Committee (S. Rept. 114-130).
    The text of S. 720 was included in S. 2012, the Energy 
Policy Modernization Act of 2016, an original bill that was 
reported by the Committee on Energy and Natural Resources on 
July 30, 2015, and passed by the Senate, as amended, on April 
26, 2016.
    Also, S. 535, a bill comprised of sections 131-133 (Better 
Buildings), section 141 (Energy Information for Commercial 
Buildings), and section 421 (Grid-enabled Water Heaters) of S. 
720 was introduced by Senators Portman and Shaheen on February 
23, 2015, and was placed on the Senate Calendar without 
reference to the Committee. It passed the Senate on March 27, 
2015, and the House of Representatives on April 21, 2015. It 
was signed by the President on April 30, 2015 (Public Law 114-
11).
    Section 121 of S. 720 (Coordination of Information on 
Assistance for Schools) was introduced as S. 600 by Senator 
Klobuchar on February 26, 2015. Section 431 (Requirements for 
Federal Buildings) and section 432 (Certification Systems for 
Federal Green Buildings) of S. 720 were introduced as S. 869 by 
Senator Hoeven on March 26, 2015. The Committee considered S. 
600 and S. 869, along with S. 720, at its April 30, 2015, 
legislative hearing on energy efficiency legislation (S. Hrg. 
114-166).
    Companion legislation to S. 720, H.R. 1277, was introduced 
in the House of Representatives by Representative McKinley on 
April 30, 2015.
    In the 113th Congress, four similar bills, S. 2262, S. 
1392, S. 2074, and S. 761, were introduced by Senators Shaheen 
and Portman. S. 2262 was introduced on April 28, 2014, and S. 
1392 was introduced on July 30, 2013. Cloture to end debate on 
S. 2262 was not invoked in the Senate on May 12, 2014. S. 1392 
was considered by the Senate on September 19, 2013. S. 2074 and 
S. 761, were introduced on February 27, 2014, and April 18, 
2013, respectively. The Committee held a hearing on S. 761 on 
April 23, 2013 (S. Hrg. 113-24), and it was favorably reported 
by the Committee on June 3, 2013 (S. Rept. 113-37).
    The Committee on Energy and Natural Resources met in open 
business session on September 25, 2019, and ordered S. 2137 
favorably reported without amendment.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 25, 2019, on a roll call 
vote of 14 to 6, recommends that the Senate pass S. 2137.
    The roll call vote on reporting the measure was 14 yeas, 6 
nays as follows:
        YEAS                          NAYS
Ms. Murkowski                       Mr. Barrasso
Mr. Cassidy*                        Mr. Risch*
Mr. Gardner                         Mr. Lee
Mr. Alexander*                      Mr. Daines
Mr. Hoeven                          Ms. Hyde-Smith
Mr. Manchin                         Ms. McSally
Mr. Wyden*
Ms. Cantwell
Mr. Sanders*
Ms. Stabenow*
Mr. Heinrich
Ms. Hirono*
Mr. King
Ms. Cortez Masto

*Indicates vote by proxy.

                          Committee Amendments

    Pursuant to rule 7(d) of the Committee's rules, the vote to 
report S. 2137 authorized three technical and clerical 
amendments to the measure to correct a subsection designation 
in an amendment made by section 422 of the bill and to correct 
the paragraph redesignations made by section 423 of the bill to 
reflect the addition of two additional paragraphs added by 
section 101(a).

                      Section-by-Section Analysis


Section 1. Short title; table of contents

    Section 1 provides a short title and the table of contents.

Sec. 2. Definition of Secretary

    Section 2 provides the definition of Secretary.

                           Title I--Buildings


                   SUBTITLE A--BUILDING ENERGY CODES

Sec. 101. Greater energy efficiency in building codes

    Sec. 101(a) amends Sec. 303 of the Energy Conservation and 
Production Act (ECPA, P. L. 94-385, as amended) to add certain 
definitions.
    Subsection (b) amends Sec. 304 of ECPA to require that the 
Secretary of Energy (Secretary) encourage and support the 
adoption of building energy codes by States, local governments, 
or Indian tribes that meet or exceed model building energy 
codes.
    Subsection (c) amends Sec. 305 of ECPA to replace the term 
``voluntary building energy code'' with ``model building energy 
code.''
    Subsection (d) amends Sec. 307 of ECPA to require that the 
Secretary support the updating of model building energy codes, 
and that the Secretary align any new established energy savings 
targets with the respective existing code development cycles of 
the American Society of Heating, Refrigerating and Air-
Conditioning Engineers, and the International Code Council.

Sec. 102. Cost-effective codes implementation for efficiency and 
        resilience

    Section 102(a) amends Title III of ECPA to add a new Sec. 
309 that creates a new grant program at the Department of 
Energy (DOE) to help homebuilders, contractors, architects, 
trades, code officials, and others cost-effectively adapt and 
implement updated building energy codes. The grants would be 
eligible to be used for training, better data on meeting codes, 
and plans for improved codes implementation.
    Subsection (b) provides a conforming amendment to Sec. 303 
of ECPA.

Sec. 103. Commercial building energy consumption information sharing

    Section 103(a) requires the Energy Information 
Administration (EIA) and the Environmental Protection Agency 
(EPA) to submit to Congress an information sharing agreement 
relating to commercial building energy consumption data.
    Subsection (b) provides what is required to be included in 
the information sharing agreement.
    Subsection (c) provides what data is required to be 
included in the information sharing agreement.
    Subsection (d) describes protection of information 
requirements to be carried out by the EIA and EPA in carrying 
out the agreement.

           SUBTITLE B--WORKER TRAINING AND CAPACITY BUILDING

Sec. 111. Building training and assessment centers

    Sec. 111 directs the Secretary to provide grants to 
institutions of higher education and Tribal Colleges or 
Universities to establish building training and assessment 
centers.

Sec. 112. Career skills training

    Sec. 112 directs the Secretary to provide grants to 
eligible entities to cover a portion of the cost of career 
skills training programs that lead to students receiving an 
industry-related certification for the installation of energy 
efficient building technologies.

                      SUBTITLE C--SCHOOL BUILDINGS

Sec. 121. Coordination of energy retrofitting assistance for schools

    Sec. 121 directs DOE's Office of Energy Efficiency and 
Renewable Energy (EERE) to coordinate and disseminate 
information on existing Federal programs that may be used to 
help initiate, develop, and finance energy efficiency, 
renewable energy, and energy retrofitting projects for schools.

          Title II--Industrial Efficiency and Competitiveness


              SUBTITLE A--MANUFACTURING ENERGY EFFICIENCY

Sec. 201. Purposes

    Sec. 201 provides the purpose of this subtitle.

Sec. 202. Future of Industry Program and industrial research and 
        assessment centers

    Section 202(a) amends the heading of Sec. 452 of EISA to 
add the ``Future of Industry Program.''
    Subsection (b) adds a new Sec. 454 that provides 
definitions for ``energy service provider'' and ``industrial 
research and assessment center.'' It also requires the 
Secretary to establish a Center of Excellence at not more than 
five of the highest-performing industrial assessment centers to 
coordinate with and advise within its region on best practices 
for carrying out assessments. These centers would also 
facilitate coordination between government and private entities 
that would aid the industrial facilities in implementing 
recommendations resulting from an assessment. This subsection 
also directs industrial research and assessment centers to 
coordinate with the Manufacturing Extension Partnership Centers 
of the National Institute of Standards and Technology and DOE's 
Building Technologies Program, and to increase partnerships 
with the national laboratories and energy service and 
technology providers. This subsection further directs the 
Secretary to provide funding for outreach and coordination 
activities by the industrial research and assessment centers, 
and to provide funding for workforce training purposes.
    Subsection (c) provides for a clerical amendment to the 
table of contents of EISA.

Sec. 203. Sustainable manufacturing initiative

    Sec. 203 amends part E of title II of the Energy Policy and 
Conservation Act (EPCA, P. L. 109-163, as amended) to add a 
Sustainable Manufacturing Initiative which requires DOE's EERE 
to provide onsite technical assessments to manufacturers 
seeking efficiency opportunities and requires the Secretary to 
carry out a joint industry-government partnership program to 
research, develop, and demonstrate new sustainable 
manufacturing and industrial technologies and processes.

Sec. 204. Conforming Amendments

    Sec. 204 makes conforming changes to the Energy Policy Act 
of 2005.

           SUBTITLE B--EXTENDED PRODUCT SYSTEM REBATE PROGRAM

Sec. 211. Extended product system rebate program

    Sec. 211 directs the Secretary to establish a rebate 
program to encourage the replacement of energy inefficient 
electric motors.

                 SUBTITLE C--TRANSFORMER REBATE PROGRAM

Sec. 221. Energy efficient transformer rebate program

    Section 221 directs the Secretary to establish a rebate 
program to encourage the replacement of energy inefficient 
transformers.

              Title III--Federal Agency Energy Efficiency


Sec. 301. Energy-efficient and energy-saving information technologies

    Sec. 301 amends section 543 of the National Energy 
Conservation Policy Act (NECPA, P. L. 95-619, as amended) by 
adding a new subsection that directs the Director of the Office 
of Management and Budget (OMB) to collaborate with each Federal 
agency to develop an implementation strategy for the 
maintenance, purchase, and use of energy-efficient and energy-
saving information technologies.

Sec. 302. Energy efficient data centers

    Sec. 302 amends section 453 of EISA to update the Voluntary 
National Information Program. It requires the Secretary to 
develop a metric for data center energy efficiency, and directs 
the Secretary, in consultation with the Director of OMB, to 
maintain a data center energy practitioner program and open 
data initiative for Federal data center energy usage.

                    Title IV--Regulatory Provisions


    SUBTITLE A--THIRD-PARTY CERTIFICATION UNDER ENERGY STAR PROGRAM

Sec. 401. Third-party certification under Energy Star program

    Sec. 401 amends section 324A of EPCA to direct the 
Administrator to revise the certification requirements for 
Energy Star program partners that manufacture consumer, home, 
and office electronic products and have complied with all 
program requirements for at least 18 months.

                  SUBTITLE B--FEDERAL GREEN BUILDINGS

Sec. 411. High-performance green Federal buildings

    Sec. 411 amends section 436(h) of EISA to require the 
Federal Director of the Office of Federal High-Performance 
Green Buildings, within the General Services Administration, to 
conduct an ongoing review of private sector green building 
certification systems and provide the Secretary with a list of 
certification systems most likely to encourage a comprehensive 
and environmentally sound approach to certification of green 
buildings.

   SUBTITLE C--ENERGY AND WATER PERFORMANCE REQUIREMENTS FOR FEDERAL 
                               BUILDINGS

Sec. 421. Energy and water performance requirements for Federal 
        buildings

    Sec. 421 amends section 543 of NECPA to extend existing 
Federal building energy efficiency improvement targets (2.5 
percent per year relative to 2018 consumption levels) through 
2027, and adds water use reduction targets (2 percent per year 
relative to 2007 consumption levels) through 2030. As amended, 
section 543(a)(2) will provide for exclusions from the targets 
for buildings with energy intensive activities and impose 
reporting requirements for excluded buildings. As amended, 
section 543(f)(3) will require Federal energy managers to 
complete comprehensive energy and water evaluation and 
recommissioning or retrocommissioning for 25 percent of the 
facilities of each agency for excluded buildings for which 
reporting is required to ensure that Federal buildings are 
performing at their optimal level of energy efficiency. Not 
later than two years after the date of completion of each 
evaluation, each energy manager may implement energy- or water- 
saving measures identified in the evaluation or shall explain 
why the measures were not implemented. Also, this section 
repeals the provision of section 433 of ECPA that established a 
requirement that Federal buildings be designed so that fossil 
fuel-generated energy consumption of the building be reduced on 
a timetable to zero percent by 2030.

Sec. 422. Federal Energy Management Program

    Sec. 422 amends section 543 of NECPA to formally establish 
the Federal Energy Management Program (FEMP). This section 
details FEMP's directives and the duties of its director, and 
authorizes $36 million in programmatic funding through 2030.

Sec. 423. Federal building energy efficiency performance standards; 
        certification system and level for green buildings

    Sec. 423 amends section 303 of ECPA to expand the scope of 
existing energy standards for new Federal buildings to cover 
major renovations.

Sec. 424. Enhanced energy efficiency underwriting

    Sec. 424 requires the Secretary of the Department of 
Housing and Urban Development to develop and issue updated 
underwriting and appraisal guidelines for borrowers who 
voluntarily submit a qualified home energy report. The 
provision would cover any loan issued, insured, purchased, or 
securitized by the Federal Housing Administration and other 
federal agencies, or their successors. The updated guidelines 
would adjust underwriting criteria and valuation guidelines to 
account for expected energy cost savings as an offset to other 
expenses and to account for present value of expected energy 
savings. If no qualified energy report is provided, no 
adjustment would be made. Lenders would be required to inform 
loan applicants of the costs and benefits of improving the 
energy efficiency of a home.

                         Title V--Miscellaneous


Sec. 501. Budgetary effects

    Sec. 501 states that for the purpose of complying with the 
Statutory Pay-As-You-Go Act of 2010, the budgetary effect of 
this legislation shall be determined by reference to the latest 
statement titled ``Budgetary Effects of PAYGO Legislation'' for 
this Act.

Sec. 502. Advance appropriations required

    Sec. 502 provides that authorization of amounts under this 
Act and the amendments made by this Act shall be effective for 
any fiscal year only to the extent and in the amount provided 
in advance in appropriations Acts.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2137.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2137, as ordered reported.

                   Congressionally Directed Spending

    S. 2137, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
September 11, 2019, Subcommittee on Energy hearing on S. 2137 
follows:

Testimony of Under Secretary of Energy Mark W. Menezes U.S. Department 
                               of Energy


                              introduction


    Chairman Cassidy, Ranking Member Heinrich, and Members of 
the Subcommittee, it is a privilege and an honor to serve at 
the Department of Energy (DOE or the Department), which is 
tasked with, among other important responsibilities: overseeing 
the Nation's nuclear energy research and development programs; 
creating and sustaining American leadership in the transition 
to a global clean energy economy; working effectively with the 
States on our Nation's energy challenges; and supporting our 
current, and developing our Nation's future, energy workforce. 
Thank you for the opportunity to testify today on behalf of the 
Department regarding legislation pertinent to DOE that is now 
pending in the Senate.
    I have been asked to testify on nine (9) bills today. The 
Administration continues to review all of these bills. I 
appreciate the ongoing bipartisan efforts to address our 
Nation's energy challenges and I look forward to working with 
the Committee.


                 energy efficiency and renewable energy


    The mission of DOE's Office of Energy Efficiency and 
Renewable Energy (EERE) is to create and sustain American 
leadership in the transition to a global clean energy economy. 
EERE has, among other strategic goals, the aim of: improving 
the energy efficiency of our nation's homes, buildings, and 
industries; stimulating the growth of a thriving domestic clean 
energy manufacturing industry; and increasing the generation of 
electric power from renewable sources.
S. 2137--Energy Savings and Industrial Competitiveness Act
    S. 2137, Energy Savings and Industrial Competitiveness Act 
of 2019, would require DOE to ``encourage and support the 
adoption of building energy codes by States'' and Indian 
tribes. The bill requires that each State and Indian tribe 
demonstrate whether the energy savings for the code provisions 
meet or exceed the energy savings of the updated model building 
energy code. The states and tribes are not required to adopt 
energy codes under the law because it is voluntary for them.
    The bill endeavors to further establish authority for 
industrial efficiency programs of the Department of Energy; 
accelerate the deployment of technologies and practices that 
would increase industrial energy efficiency and improve 
productivity; accelerate the development and demonstration of 
technologies that would assist the deployment goals of the 
industrial efficiency programs of the Department and increase 
manufacturing efficiency; to improve industrial productivity 
and competitiveness; meet the future workforce needs of 
industry; and strengthen partnerships between Federal and State 
governmental agencies and the private and academic sectors.
    Additionally, not later than one (1) year after the date of 
enactment, the bill requires each Federal agency to coordinate 
with the Director of the Office of Management and Budget, the 
Secretary, and the Administrator of the Environmental 
Protection Agency to develop an implementation strategy for the 
maintenance, purchase, and use by the Federal agency of energy-
efficient and energy-saving information technologies.
    Given the numerous subjects included within this bill, the 
Department continues to review the various provisions of this 
bill.
Conclusion
    Thank you again for the opportunity to be here today. The 
Department appreciates the ongoing bipartisan efforts to 
address our Nation's energy challenges, and looks forward to 
working with the Committee on the legislation on today's agenda 
and any future legislation. I would be happy to answer your 
questions.

                        Changes In Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the changes in existing law made 
by S. 2137, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           TABLE OF CONTENTS

                                                                   Page
1. Energy Conservation and Production Act, Public Law 94-385, as 
  Amended........................................................    11
2. Energy Independence and Security Act of 2007, Public Law 110-
  140, as Amended................................................    34
3. Energy Policy and Conservation Act, Public Law 94-163, as 
  Amended........................................................    46
4. Energy Policy Act of 2005, Public Law 109-58, as Amended......    48
5. Energy Policy Act of 1992, Public Law 102-486, as Amended.....    48
6. National Energy Conservation Policy Act, Public Law 95-619, as 
  Amended........................................................    53
7. Financial Institutions Reform, Recovery, And Enforcement Act 
  of 1989, Public Law 101-73, as Amended.........................    70

                 ENERGY CONSERVATION AND PRODUCTION ACT

Public Law 94-385, as amended

           *       *       *       *       *       *       *



TITLE III--ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 303. [As used in] Except as otherwise provided, in 
this title
          (1) Administrator._The term ``Administrator'' means 
        the Administrator of the Federal Energy Administration; 
        except that after such Administration ceases to exist, 
        such term means any officer of the United States 
        designated by the President for purposes of this title.
          [(16)] (2) ASHRAE.--The term ``ASHRAE'' means the 
        American Society of Heating, Refrigerating, and Air-
        Conditioning Engineers.
          [(2)] (3) Building._The term ``building'' means any 
        structure to be constructed which includes provision 
        for a heating or cooling system, or both, or for a hot 
        water system.
          [(3)] (4) Building code._The term ``building code'' 
        means a legal instrument which is in effect in a State 
        or unit of general purpose local government, the 
        provisions of which must be adhered to if a building is 
        to be considered to be in conformance with law and 
        suitable for occupancy and use.
          [(15)] (5) CABO.--The term ``CABO'' means the Council 
        of American Building Officials.
          [(4)] (6) Commercial building._The term ``commercial 
        building'' means any building other than a residential 
        building, including any building developed for 
        industrial or public purposes.
          [(5)] (7) Federal agency._The term ``Federal agency'' 
        means any department, agency, corporation, or other 
        entity or instrumentality of the executive branch of 
        the Federal Government, including the United States 
        Postal Service, the Federal National Mortgage 
        Association, and the Federal Home Loan Mortgage 
        Corporation.
          [(6)] (8) Federal building._The term ``Federal 
        building'' means any building to be constructed by, or 
        for the use of, any Federal agency. Such term shall 
        include buildings built for the purpose of being leased 
        by a Federal agency, and privatized military housing.
          [(13)] (9) Federal building energy standards._The 
        term ``Federal building energy standards'' means energy 
        consumption objectives to be met without specification 
        of the methods, materials, or equipment to be employed 
        in achieving those objectives, but including statements 
        of the requirements, criteria, and evaluation methods 
        to be used, and any necessary commentary.
          [(7)] (10) Federal financial assistance._The term 
        ``Federal financial assistance'' means (A) any form of 
        loan, grant, guarantee, insurance, payment, rebate, 
        subsidy, or any other form of direct or indirect 
        Federal assistance (other than general or special 
        revenue sharing or formula grants made to States) 
        approved by any Federal officer or agency; or (B) any 
        loan made or purchased by any bank, savings and loan 
        association, or similar institution subject to 
        regulation by the Board of Governors of the Federal 
        Reserve System, the Federal Deposit Insurance 
        Corporation, the Comptroller of the Currency, the 
        Federal Home Loan Bank Board, the Federal Savings and 
        Loan Insurance Corporation, or the National Credit 
        Union Administration.
          [(17)] (11) IECC.--The term `IECC' means the 
        International Energy Conservation Code.
          [(18)] (12) Indian tribe._The term `Indian tribe' has 
        the meaning given the term in section 4 of the Native 
        American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4103).
          (13) Major renovation._The term `major renovation' 
        means a modification of the energy systems of a 
        building that is sufficiently extensive to ensure that 
        the entire building can achieve compliance with 
        applicable energy standards for new buildings, as 
        established by the Secretary.
          [(14) The term ``voluntary building energy code'' 
        means a building energy code developed and updated 
        through a consensus process among interested persons, 
        such as that used by the Council of American Building 
        Officials; the American Society of Heating, 
        Refrigerating, and Air-Conditioning Engineers; or other 
        appropriate organizations.]
          (14) Model building energy code._The term `model 
        building energy code' means a voluntary building energy 
        code or standard developed and updated by interested 
        persons, such as the code or standard developed by--
                  (A) the Council of American Building 
                Officials, or its legal successor, 
                International Code Council, Inc.;
                  (B) the American Society of Heating, 
                Refrigerating, and Air-Conditioning Engineers; 
                or
                  (C) other appropriate organizations.
          [(8)] (15) National institute of building sciences._
        The term ``National Institute of Building Sciences''' 
        means the institute established by section 809 of the 
        Housing and Community Development Act of 1974.
          [(9)] (16) Residential building._The term 
        ``residential building'' means any structure which is 
        constructed and developed for residential occupancy.
          [(10)] (17) Secretary._The term ``Secretary'' means 
        the Secretary of Housing and Urban Development.
          [(11)] (18) State._The term ``State'' includes each 
        of the several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and any territory and 
        possession of the United States.
          [(12)] (19) Unit of general purpose local 
        government._The term ``unit of general purpose local 
        government'' means any city, county, town, 
        municipality, or other political subdivision of a State 
        (or any combination thereof), which has a building code 
        or similar authority over a particular geographic area.

[SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    [(a) Consideration and Determination Respecting Residential 
Building Energy Codes.--(1) Not later than 2 years after the 
date of the enactment of the Energy Policy Act of 1992, each 
State shall certify to the Secretary that it has reviewed the 
provisions of its residential building code regarding energy 
efficiency and made a determination as to whether it is 
appropriate for such State to revise such residential building 
code provisions to meet or exceed CABO Model Energy Code, 1992.
    [(2) The determination referred to in paragraph (1) shall 
be--
          (A) made after public notice and hearing;
          (B) in writing;
          (C) based upon findings included in such 
        determination and upon the evidence presented at the 
        hearing; and
          (D) available to the public.
    [(3) Each State may, to the extent consistent with 
otherwise applicable State law, revise the provisions of its 
residential building code regarding energy efficiency to meet 
or exceed CABO Model Energy Code, 1992, or may decline to make 
such revisions.
    [(4) If a State makes a determination under paragraph (1) 
that it is not appropriate for such State to revise its 
residential building code, such State shall submit to the 
Secretary, in writing, the reasons for such determination, and 
such statement shall be available to the public.
    [(5)(A) Whenever CABO Model Energy Code, 1992, (or any 
successor of such code) is revised, the Secretary shall, not 
later than 12 months after such revision, determine whether 
such revision would improve energy efficiency in residential 
buildings. The Secretary shall publish notice of such 
determination in the Federal Register.
    [(B) If the Secretary makes an affirmative determination 
under subparagraph (A), each State shall, not later than 2 
years after the date of the publication of such determination, 
certify that it has reviewed the provisions of its residential 
building code regarding energy efficiency and made a 
determination as to whether it is appropriate for such State to 
revise such residential building code provisions to meet or 
exceed the revised code for which the Secretary made such 
determination.
    [(C) Paragraphs (2), (3), and (4) shall apply to any 
determination made under subparagraph (B).
    [(b) Certification of Commercial Building Energy Code 
Updates.--(1) Not later than 2 years after the date of the 
enactment of the Energy Policy Act of 1992, each State shall 
certify to the Secretary that it has reviewed and updated the 
provisions of its commercial building code regarding energy 
efficiency. Such certification shall include a demonstration 
that such State's code provisions meet or exceed the 
requirements of ASHRAE Standard 90.1-1989.
    [(2)(A) Whenever the provisions of ASHRAE Standard 90.1-
1989 (or any successor standard) regarding energy efficiency in 
commercial buildings are revised, the Secretary shall, not 
later than 12 months after the date of such revision, determine 
whether such revision will improve energy efficiency in 
commercial buildings. The Secretary shall publish a notice of 
such determination in the Federal Register.
    [(B)(i) If the Secretary makes an affirmative determination 
under subparagraph (A), each State shall, not later than 2 
years after the date of the publication of such determination, 
certify that it has reviewed and updated the provisions of its 
commercial building code regarding energy efficiency in 
accordance with the revised standard for which such 
determination was made. Such certification shall include a 
demonstration that the provisions of such State's commercial 
building code regarding energy efficiency meet or exceed such 
revised standard.
    [(ii) If the Secretary makes a determination under 
subparagraph (A) that such revised standard will not improve 
energy efficiency in commercial buildings, State commercial 
building code provisions regarding energy efficiency shall meet 
or exceed ASHRAE Standard 90.1-1989, or if such standard has 
been revised, the last revised standard for which the Secretary 
has made an affirmative determination under subparagraph (A).
    [(c) Extensions.--The Secretary shall permit extensions of 
the deadlines for the certification requirements under 
subsections (a) and (b) if a State can demonstrate that it has 
made a good faith effort to comply with such requirements and 
that it has made significant progress in doing so.
    [(d) Technical Assistance.--The Secretary shall provide 
technical assistance to States to implement the requirements of 
this section, and to improve and implement State residential 
and commercial building energy efficiency codes or to otherwise 
promote the design and construction of energy efficient 
buildings.
    [(e) Availability of Incentive Funding.--(1) The Secretary 
shall provide incentive funding to States to implement the 
requirements of this section, and to improve and implement 
State residential and commercial building energy efficiency 
codes, including increasing and verifying compliance with such 
codes. In determining whether, and in what amount, to provide 
incentive funding under this subsection, the Secretary shall 
consider the actions proposed by the State to implement the 
requirements of this section, to improve and implement 
residential and commercial building energy efficiency codes, 
and to promote building energy efficiency through the use of 
such codes.
    [(2) Additional funding shall be provided under this 
subsection for implementation of a plan to achieve and document 
at least a 90 percent rate of compliance with residential and 
commercial building energy efficiency codes, based on energy 
performance--
          [(A) to a State that has adopted and is implementing, 
        on a statewide basis--
                  [(i) a residential building energy efficiency 
                code that meets or exceeds the requirements of 
                the 2004 International Energy Conservation 
                Code, or any succeeding version of that code 
                that has received an affirmative determination 
                from the Secretary under subsection (a)(5)(A); 
                and
                  [(ii) a commercial building energy efficiency 
                code that meets or exceeds the requirements of 
                the ASHRAE Standard 90.1-2004, or any 
                succeeding version of that standard that has 
                received an affirmative determination from the 
                Secretary under subsection (b)(2)(A); or
          [(B) in a State in which there is no statewide energy 
        code either for residential buildings or for commercial 
        buildings, to a local government that has adopted and 
        is implementing residential and commercial building 
        energy efficiency codes, as described in subparagraph 
        (A).
    [(3) Of the amounts made available under this subsection, 
the Secretary may use $500,000 for each fiscal year to train 
State and local officials to implement codes described in 
paragraph (2).
    [(4)(A) There are authorized to be appropriated to carry 
out this subsection--
          (i) $25,000,000 for each of fiscal years 2006 through 
        2010; and
          (ii) such sums as are necessary for fiscal year 2011 
        and each fiscal year thereafter.
    [(B) Funding provided to States under paragraph (2) for 
each fiscal year shall not exceed one-half of the excess of 
funding under this subsection over $5,000,000 for the fiscal 
year.]

SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    (a) Voluntary Codes And Standards.--Notwithstanding 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 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 
                Indian tribe shall certify whether the State or 
                Indian tribe, respectively, has reviewed and 
                updated 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 savings 
                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 shall, 
                not later than 2 years after the specified 
                date, certify whether the State or Indian 
                tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of 
                the State or Indian tribe, respectively, to 
                meet or exceed the target in section 307(b)(2).
          (2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under 
        paragraph (1), the Secretary shall--
                  (A) determine whether the code provisions of 
                the State or Indian tribe, respectively, meet 
                the criteria specified in paragraph (1); and
                  (B) if the determination is positive, 
                validate the certification.
    (d) Improvements in Compliance With Building Energy 
Codes.--
          (1) Requirement.--
                  (A) In general.--Not later than 3 years after 
                the date of a certification under subsection 
                (c), each State and Indian tribe shall certify 
                whether the State and Indian tribe, 
                respectively, has--
                          (i) achieved full compliance under 
                        paragraph (3) with the applicable 
                        certified State and Indian tribe 
                        building energy code or with the 
                        associated model building energy code; 
                        or
                          (ii) made significant progress under 
                        paragraph (4) toward achieving 
                        compliance with the applicable 
                        certified State and Indian tribe 
                        building energy code or with the 
                        associated model building energy code.
                  (B) Repeat Certifications.--If the State or 
                Indian tribe certifies progress toward 
                achieving compliance, the State or Indian tribe 
                shall repeat the certification until the State 
                or Indian tribe certifies that the State or 
                Indian tribe has achieved full compliance, 
                respectively.
          (2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate 
        of compliance based on--
                  (A) independent inspections of a random 
                sample of the buildings covered by the code in 
                the preceding year; or
                  (B) an alternative method that yields an 
                accurate measure of compliance.
          (3) Achievement of compliance.--A State or Indian 
        tribe shall be considered to achieve full compliance 
        under paragraph (1) if--
                  (A) at least 90 percent of building space 
                covered by the code in the preceding year 
                substantially meets all the requirements of the 
                applicable 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 
                preceding 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(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 
                Competitiveness Act of 2019, including annual 
                targets for compliance and active training and 
                enforcement 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 certification under 
        paragraph (1), the Secretary shall--
                  (A) determine whether the State or Indian 
                tribe has demonstrated meeting the criteria of 
                this subsection, including accurate measurement 
                of compliance; and
                  (B) if the determination is positive, 
                validate 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 subsection (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.
          (2) Federal support.--For any State or Indian 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 
        consideration for Federal support authorized under this 
        section for code adoption and compliance activities.
          (3) Local government.--In any State or Indian tribe 
        for which the Secretary has not validated a 
        certification under subsection (c) or (d), a local 
        government may be eligible for Federal support under 
        subsections (f) and (g) by meeting the certification 
        requirements of subsections (c) and (d).
          (4) Reports by secretary.--
                  (A) In general.--Not later than December 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 
                        energy codes;
                          (ii) the status of code adoption and 
                        compliance in the States and Indian 
                        tribes;
                          (iii) implementation of this section; 
                        and
                          (iv) improvements in energy savings 
                        over time as result of the targets 
                        established 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 investment analysis), 
                        and lifetime energy use for buildings;
                          (ii) resulting energy costs to 
                        individuals and businesses; and
                          (iii) resulting overall annual 
                        building ownership and operating costs.
    (f) Technical Assistance to States and Indian Tribes.---The 
Secretary shall provide technical assistance 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 greater 
        energy savings than the model building energy codes and 
        targets;
          (3) to document the rate of compliance with a 
        building energy code; and
          (4) to otherwise promote the design and construction 
        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 funding shall be 
        provided under this subsection for implementation of a 
        plan to achieve and document full compliance with 
        residential and commercial building energy codes under 
        subsection (d)--
                  (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 
                government that is eligible under this section.
          (3) Training.--Of the amounts made available 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 building code officials 
        to implement and enforce codes described 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 Standards.--
          (1) In general.--The Secretary shall provide 
        technical and financial support for the development of 
        stretch codes and advanced standards for residential 
        and commercial buildings for use as--
                  (A) an option for adoption as a building 
                energy code by local, tribal, or State 
                governments; and
                  (B) guidelines for energy-efficient building 
                design.
          (2) Targets.--The stretch codes and advanced 
        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 builders of energy-efficient 
residential and commercial buildings, code officials, code and 
standards developers, and other stakeholders, shall undertake a 
study of the feasibility, 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-energy after 
        initial construction, as advances are achieved in 
        energy-saving technologies;
          (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 manner.
    (j) Effect on Other Laws.--Nothing in this section 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.

           *       *       *       *       *       *       *


SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS.

    (a)(1) In General.--Not later than 2 years after the date 
of the enactment of the Energy Policy Act of 1992, the 
Secretary, after consulting with appropriate Federal agencies, 
CABO, ASHRAE, the National Association of Home Builders, the 
Illuminating Engineering Society, the American Institute of 
Architects, the National Conference of the States on Building 
Codes and Standards, and other appropriate persons, shall 
establish, by rule, Federal building energy standards that 
require in new Federal buildings those energy efficiency 
measures that are technologically feasible and economically 
justified. Such standards shall become effective no later than 
1 year after such rule is issued.
    (2) The standards established under paragraph (1) shall--
          (A) contain energy saving and renewable energy 
        specifications that meet or exceed the energy saving 
        and renewable energy specifications of the 2004 
        International Energy Conservation Code (in the case of 
        residential buildings) or ASHRAE Standard 90.1-2004 (in 
        the case of commercial buildings);
          (B) to the extent practicable, use the same format as 
        the appropriate [voluntary building energy code] model 
        building energy code; and
          (C) consider, in consultation with the Environmental 
        Protection Agency and other Federal agencies, and where 
        appropriate contain, measures with regard to radon and 
        other indoor air pollutants.
          [(3)(A) Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall 
        establish, by rule, revised Federal building energy 
        efficiency performance standards that require that--
                  [(i) if life-cycle cost-effective for new 
                Federal buildings--
                          [(I) the buildings be designed to 
                        achieve energy consumption levels that 
                        are at least 30 percent below the 
                        levels established in the version of 
                        the ASHRAE Standard or the 
                        International Energy Conservation Code, 
                        as appropriate, that is in effect as of 
                        the date of enactment of this 
                        paragraph; and
                          [(II) sustainable design principles 
                        are applied to the siting, design, and 
                        construction of all new and replacement 
                        buildings;
                  [(ii) if water is used to achieve energy 
                efficiency, water conservation technologies 
                shall be applied to the extent that the 
                technologies are life-cycle cost-effective; and
                  [(iii) if lifecycle cost-effective, as 
                compared to other reasonably available 
                technologies, not less than 30 percent of the 
                hot water demand for each new Federal building 
                or Federal building undergoing a major 
                renovation be met through the installation and 
                use of solar hot water heaters.
          [Margin of clause (iii) of paragraph (3)(A) so in 
        law.
          [(B) Not later than 1 year after the date of approval 
        of each subsequent revision of the ASHRAE Standard or 
        the International Energy Conservation Code, as 
        appropriate, the Secretary shall determine, based on 
        the cost-effectiveness of the requirements under the 
        amendment, whether the revised standards established 
        under this paragraph should be updated to reflect the 
        amendment.]
          (3) Revised Federal Building Energy Efficiency 
        Performance Standards; Certification for Green 
        Buildings.--
                  (A) Revised federal building energy 
                efficiency performance standards.--
                          (i) In general.--Not later than 1 
                        year after the date of enactment of the 
                        Energy Savings and Industrial 
                        Competitiveness Act of 2019, the 
                        Secretary shall establish, by 
                        regulation, revised Federal building 
                        energy efficiency performance standards 
                        that require that--
                                  (I) subject to clause (ii), 
                                new Federal buildings and 
                                Federal buildings with major 
                                renovations--
                                          (aa) meet or exceed 
                                        the most recently 
                                        published version of 
                                        the International 
                                        Energy Conservation 
                                        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 energy 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 International 
                                        Energy Conservation 
                                        Code or ASHRAE Standard 
                                        90.1 as of the date of 
                                        enactment of the Energy 
                                        Savings and Industrial 
                                        Competitiveness Act of 
                                        2019, as applicable;
                                  (II) unless demonstrated not 
                                to be life cycle cost-effective 
                                for new Federal buildings and 
                                Federal buildings with major 
                                renovations--
                                          (aa) the buildings 
                                        shall be designed to 
                                        achieve energy 
                                        consumption levels that 
                                        are not less than 30 
                                        percent below the 
                                        levels established in 
                                        the most recently 
                                        published version of 
                                        the International 
                                        Energy Conservation 
                                        Code or the ASHRAE 
                                        Standard, as of the 
                                        date of enactment of 
                                        the Energy Savings and 
                                        Industrial 
                                        Competitiveness Act of 
                                        2019, as appropriate; 
                                        and
                                          (bb) sustainable 
                                        design principles are 
                                        applied to the 
                                        location, siting, 
                                        design, and 
                                        construction of all new 
                                        Federal buildings and 
                                        replacement Federal 
                                        buildings;
                                  (III) if water is used to 
                                achieve energy efficiency, 
                                water conservation technologies 
                                shall be applied to the extent 
                                that the technologies are life-
                                cycle cost effective; and
                                  (IV) if life-cycle cost 
                                effective, as compared to other 
                                reasonably available 
                                technologies, not less than 30 
                                percent of the hot water demand 
                                for each new Federal building 
                                or Federal building undergoing 
                                a major renovation 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 
                        Federal buildings and systems that have 
                        undergone major renovations.
                  (B) Updates.--Not later than 1 year after the 
                date of approval of each subsequent revision of 
                the ASHRAE Standard or the International Energy 
                Conservation Code, as appropriate, the 
                Secretary shall determine whether the revised 
                standards established under subclauses (I) and 
                (II) of subparagraph (A)(i) should be updated 
                to reflect the revisions, based on the energy 
                savings and life cycle cost-effectiveness of 
                the revisions.
                  [(C) In the budget request] (C) Budget 
                request._In the budget request of the Federal 
                agency for each fiscal year and each report 
                submitted by the Federal agency under section 
                548(a) of the National Energy Conservation 
                Policy Act (42 U.S.C. 8258(a)), the head of 
                each Federal agency shall include--
                          (i) a list of all new Federal 
                        buildings owned, operated, or 
                        controlled by the Federal agency; and
                          (ii) a statement specifying whether 
                        the Federal buildings meet or exceed 
                        the revised standards established under 
                        this paragraph.
                  [(D) Not later than 1 year after the date of 
                enactment of the Energy Independence and 
                Security Act of 2007, the Secretary shall 
                establish, by rule, revised Federal building 
                energy efficiency performance standards that 
                require that:
                          [(i) For new Federal buildings and 
                        Federal buildings undergoing major 
                        renovations, with respect to which the 
                        Administrator of General Services is 
                        required to transmit a prospectus to 
                        Congress under section 3307 of title 
                        40, United States Code, in the case of 
                        public buildings (as defined in section 
                        3301 of title 40, United States Code), 
                        or of at least $2,500,000 in costs 
                        adjusted annually for inflation for 
                        other buildings:
                                  [(I) The buildings shall be 
                                designed so that the fossil 
                                fuel-generated energy 
                                consumption of the buildings is 
                                reduced, as compared with such 
                                energy consumption by a similar 
                                building in fiscal year 2003 
                                (as measured by Commercial 
                                Buildings Energy Consumption 
                                Survey or Residential Energy 
                                Consumption Survey data from 
                                the Energy Information Agency), 
                                by the percentage specified in 
                                the following table:

------------------------------------------------------------------------
                                                            Percentage
                      [Fiscal Year                           Reduction
------------------------------------------------------------------------
[2010...................................................              55
[2015...................................................              65
[2020...................................................              80
[2025...................................................              90
[2030...................................................             100
------------------------------------------------------------------------

                                  [(II) Upon petition by an 
                                agency subject to this 
                                subparagraph, the Secretary may 
                                adjust the applicable numeric 
                                requirement under subclause (I) 
                                downward with respect to a 
                                specific building, if the head 
                                of the agency designing the 
                                building certifies in writing 
                                that meeting such requirement 
                                would be technically 
                                impracticable in light of the 
                                agency's specified functional 
                                needs for that building and the 
                                Secretary concurs with the 
                                agency's conclusion. This 
                                subclause shall not apply to 
                                the General Services 
                                Administration.
                                  [(III) Sustainable design 
                                principles shall be applied to 
                                the siting, design, and 
                                construction of such buildings. 
                                Not later than 90 days after 
                                the date of enactment of the 
                                Energy Independence and 
                                Security Act of 2007, the 
                                Secretary, after reviewing the 
                                findings of the Federal 
                                Director under section 436(h) 
                                of that Act, in consultation 
                                with the Administrator of 
                                General Services, and in 
                                consultation with the Secretary 
                                of Defense for considerations 
                                relating to those facilities 
                                under the custody and control 
                                of the Department of Defense, 
                                shall identify a certification 
                                system and level for green 
                                buildings that the Secretary 
                                determines to be the most 
                                likely to encourage a 
                                comprehensive and 
                                environmentally-sound approach 
                                to certification of green 
                                buildings. The identification 
                                of the certification system and 
                                level shall be based on a 
                                review of the Federal 
                                Director's findings under 
                                section 436(h) of the Energy 
                                Independence and Security Act 
                                of 2007 and the criteria 
                                specified in clause (iii), 
                                shall identify the highest 
                                level the Secretary determines 
                                is appropriate above the 
                                minimum level required for 
                                certification under the system 
                                selected, and shall achieve 
                                results at least comparable to 
                                the system used by and highest 
                                level referenced by the General 
                                Services Administration as of 
                                the date of enactment of the 
                                Energy Independence and 
                                Security Act of 2007. Within 90 
                                days of the completion of each 
                                study required by clause (iv), 
                                the Secretary, in consultation 
                                with the Administrator of 
                                General Services, and in 
                                consultation with the Secretary 
                                of Defense for considerations 
                                relating to those facilities 
                                under the custody and control 
                                of the Department of Defense, 
                                shall review and update the 
                                certification system and level, 
                                taking into account the 
                                conclusions of such study.
                          [(ii) In establishing criteria for 
                        identifying major renovations that are 
                        subject to the requirements of this 
                        subparagraph, the Secretary shall take 
                        into account the scope, degree, and 
                        types of renovations that are likely to 
                        provide significant opportunities for 
                        substantial improvements in energy 
                        efficiency.
                          [(iii) In identifying the green 
                        building certification system and 
                        level, the Secretary shall take into 
                        consideration--
                                  [(I) the ability and 
                                availability of assessors and 
                                auditors to independently 
                                verify the criteria and 
                                measurement 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 
                                        sustainable use of 
                                        water, energy, and 
                                        other natural 
                                        resources;
                                          [(bb) use of 
                                        renewable energy 
                                        sources;
                                          [(cc) improved indoor 
                                        environmental quality 
                                        through enhanced indoor 
                                        air quality, thermal 
                                        comfort, acoustics, day 
                                        lighting, pollutant 
                                        source control, and use 
                                        of low-emission 
                                        materials and building 
                                        system controls; and
                                          [(dd) such other 
                                        criteria as the 
                                        Secretary determines to 
                                        be appropriate; and
                                  [(V) national recognition 
                                within the building industry.
                          [(iv) At least once every 5 years, 
                        and in accordance with section 436 of 
                        the Energy Independence and Security 
                        Act of 2007, the Administrator of 
                        General Services shall conduct a study 
                        to evaluate and compare available 
                        third-party green building 
                        certification systems and levels, 
                        taking into account the criteria listed 
                        in clause (iii).
                          [(v) The Secretary may by rule allow 
                        Federal agencies to develop internal 
                        certification processes, using 
                        certified professionals, in lieu of 
                        certification by the certification 
                        entity identified under clause 
                        (i)(III). The Secretary shall include 
                        in any such rule guidelines to ensure 
                        that the certification process results 
                        in buildings meeting the applicable 
                        certification system and level 
                        identified under clause (i)(III). An 
                        agency employing an internal 
                        certification process must continue to 
                        obtain external certification by the 
                        certification entity identified under 
                        clause (i)(III) for at least 5 percent 
                        of the total number of buildings 
                        certified annually by the agency.
                          [(vi) With respect to privatized 
                        military housing, the Secretary of 
                        Defense, after consultation with the 
                        Secretary may, through rulemaking, 
                        develop alternative criteria to those 
                        established by subclauses (I) and (III) 
                        of clause (i) that achieve an 
                        equivalent result in terms of energy 
                        savings, sustainable design, and green 
                        building performance.
                          [(vii) In addition to any use of 
                        water conservation technologies 
                        otherwise required by this section, 
                        water conservation technologies shall 
                        be applied to the extent that the 
                        technologies are life-cycle cost-
                        effective.]
                  (D) Certification for green buildings.--
                          (i) Sustainable design principles.--
                        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 Administrator of 
                        General Services, and in consultation 
                        with the Secretary of Defense relating 
                        to those facilities under the custody 
                        and control of the Department of 
                        Defense, shall determine those 
                        certification systems for green 
                        commercial and residential buildings 
                        that the Secretary determines to be the 
                        most likely to encourage a 
                        comprehensive 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 Director under section 
                        436(h) of the Energy Independence and 
                        Security Act of 2007 (42 U.S.C. 
                        17092(h)) and the criteria described in 
                        clause (v).
                          (iv) Administration.--In determining 
                        certification systems under this 
                        subparagraph, the Secretary shall--
                                  (I) make a separate 
                                determination for all or part 
                                of each system; and
                                  (II) confirm that the 
                                criteria used to support the 
                                selection of building products, 
                                materials, brands, and 
                                technologies--
                                          (aa) are based on 
                                        relevant technical 
                                        data;
                                          (bb) use and reward 
                                        evaluation of health, 
                                        safety, and 
                                        environmental risks and 
                                        impacts across the 
                                        lifecycle of the 
                                        building product, 
                                        material, brand, or 
                                        technology, including 
                                        methodologies generally 
                                        accepted by the 
                                        applicable scientific 
                                        disciplines;
                                          (cc) as practicable, 
                                        give preference to 
                                        performance standards 
                                        instead of prescriptive 
                                        measures; and
                                          (dd) reward continual 
                                        improvements in the 
                                        lifecycle management of 
                                        health, safety, and 
                                        environmental risks and 
                                        impacts.
                          (v) Considerations.--In determining 
                        the green building certification 
                        systems under this subparagraph, the 
                        Secretary shall take into 
                        consideration--
                                  (I) the ability and 
                                availability of assessors and 
                                auditors to independently 
                                verify the criteria and 
                                measurement 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 
                                        sustainable use of 
                                        water, energy, and 
                                        other natural 
                                        resources;
                                          (bb) use of renewable 
                                        energy sources;
                                          (cc) improved indoor 
                                        environmental quality 
                                        through enhanced indoor 
                                        air quality, thermal 
                                        comfort, acoustics, day 
                                        lighting, pollutant 
                                        source control, and use 
                                        of low-emission 
                                        materials and building 
                                        system controls;
                                          (dd)(AA) the sourcing 
                                        of grown, harvested, or 
                                        mined materials; and
                                          (BB) certifications 
                                        of responsible 
                                        sourcing, such as 
                                        certifications provided 
                                        by the Forest 
                                        Stewardship Council, 
                                        the Sustainable 
                                        Forestry Initiative, 
                                        the American Tree Farm 
                                        System, or the 
                                        Programme for the 
                                        Endorsement 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 
                        Defense, shall conduct an ongoing 
                        review to evaluate and compare private 
                        sector green building certification 
                        systems, taking into account--
                                  (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 system fails to 
                                meet the review requirements of 
                                clause (v), the Secretary 
                                shall--
                                          (aa) identify the 
                                        portions of the system, 
                                        whether prerequisites, 
                                        credits, points, or 
                                        otherwise, that meet 
                                        the review criteria of 
                                        clause (v);
                                          (bb) determine the 
                                        portions of the system 
                                        that are suitable for 
                                        use; and
                                          (cc) exclude all 
                                        other portions of the 
                                        system from 
                                        identification and use.
                                  (II) Entire systems.--The 
                                Secretary shall exclude an 
                                entire system from use if an 
                                exclusion under subclause (I)--
                                          (aa) impedes the 
                                        integrated use of the 
                                        system;
                                          (bb) creates 
                                        disparate review 
                                        criteria or unequal 
                                        point access 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 professionals, in lieu of 
                        certification by certification entities 
                        identified under clause (ii).
                          (ix) Privatized military housing.--
                        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 terms 
                        of energy savings, sustainable design, 
                        and green building performance.
                          (x) Water conservation 
                        technologies.--In addition to any use 
                        of water conservation technologies 
                        otherwise required by this section, 
                        water conservation technologies shall 
                        be applied to the extent that the 
                        technologies are life-cycle cost-
                        effective.
                          (xi) Effective date.--
                                  (I) Determinations made after 
                                december 31, 2019.--The 
                                amendments made by section 
                                422(b)(1)(C) of the Energy 
                                Savings and Industrial 
                                Competitiveness Act of 2019 
                                shall apply to any 
                                determination made by a Federal 
                                agency after December 31, 2019.
                                  (II) Determinations made on 
                                or before december 31, 2019.--
                                This subparagraph (as in effect 
                                on the day before the date of 
                                enactment of the Energy Savings 
                                and Industrial Competitiveness 
                                Act of 2019) shall apply to any 
                                use of a certification system 
                                for green commercial and 
                                residential buildings by a 
                                Federal agency on or before 
                                December 31, 2019.
    (b) Report on Comparative Standards.--The Secretary shall 
identify and describe, in the report required under section 
308, the basis for any substantive difference between the 
Federal building energy standards established under this 
section (including differences in treatment of energy 
efficiency and renewable energy) and the appropriate [voluntary 
building energy code] model building energy code.
    [(c) Periodic Review.--The Secretary shall periodically, 
but not less than once every 5 years, review the Federal 
building energy standards established under this section and 
shall, if significant energy savings would result, upgrade such 
standards to include all new energy efficiency and renewable 
energy measures that are technologically feasible and 
economically justified.
    [(d) Interim Standards.--Interim energy performance 
standards for new Federal buildings issued by the Secretary 
under this title as it existed before the date of the enactment 
of the Energy Policy Act of 1992 shall remain in effect until 
the standards established under subsection (a) become 
effective.]
    (c) Periodic Review.--The Secretary shall--
          (1) once every 5 years, review the Federal building 
        energy standards established under this section; and
          (2) on completion of a review under paragraph (1), if 
        the Secretary determines that significant energy 
        savings would result, upgrade the standards to include 
        all new energy efficiency and renewable energy measures 
        that are technologically feasible and economically 
        justified.

SEC. 306. FEDERAL COMPLIANCE.

    (a) Procedures.--[(1) The head] (1) In general._The head of 
each Federal agency shall adopt procedures necessary to [assure 
that new Federal buildings] ensure that new Federal buildings 
and Federal buildings with major renovations meet or exceed the 
Federal building energy standards established under section 
305.
          [(2) The Federal] (2) Applicability._
                  (A) In general.--The Federal building energy 
                standards established under section 305 shall 
                apply to new buildings and Federal buildings 
                with major renovations under the jurisdiction 
                of the Architect of the Capitol. [The Architect 
                shall adopt procedures necessary to assure that 
                such buildings meet or exceed such standards.]
                  (B) Procedures.--The Architect of the Capitol 
                shall adopt procedures necessary to ensure that 
                the buildings referred to in subparagraph (A) 
                meet or exceed the standards described in that 
                subparagraph.
    (b) [Construction of New Buildings] Expenditures.--The head 
of a Federal agency may expend Federal funds for the 
construction of a new Federal building or a Federal building 
with major renovations only if the building meets or exceeds 
the appropriate Federal building energy standards established 
under section 305.

[SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY CODES.

    [(a) In General.--Not later than 1 year after the date of 
the enactment of the Energy Policy Act of 1992, the Secretary, 
after consulting with the Secretary of Housing and Urban 
Development, the Secretary of Veterans Affairs, other 
appropriate Federal agencies, CABO, ASHRAE, the National 
Conference of States on Building Codes and Standards, and any 
other appropriate building codes and standards organization, 
shall support the upgrading of voluntary building energy codes 
for new residential and commercial buildings. Such support 
shall include--
          [(1) a compilation of data and other information 
        regarding building energy efficiency standards and 
        codes in the possession of the Federal Government, 
        State and local governments, and industry 
        organizations;
          [(2) assistance in improving the technical basis for 
        such standards and codes;
          [(3) assistance in determining the cost-effectiveness 
        and the technical feasibility of the energy efficiency 
        measures included in such standards and codes; and
          [(4) assistance in identifying appropriate measures 
        with regard to radon and other indoor air pollutants.
    [(b) Review.--The Secretary shall periodically review the 
technical and economic basis of voluntary building energy codes 
and, based upon ongoing research activities--
          [(1) recommend amendments to such codes including 
        measures with regard to radon and other indoor air 
        pollutants;
          [(2) seek adoption of all technologically feasible 
        and economically justified energy efficiency measures; 
        and
          [(3) otherwise participate in any industry process 
        for review and modification of such codes.]

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 support the 
        updating of the model building energy codes to enable 
        the achievement of aggregate energy savings targets 
        established under paragraph (2).
          (2) Targets.--
                  (A) In general.--The Secretary shall work 
                with State, Indian tribes, local governments, 
                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 one or more national aggregate 
                energy savings targets to achieve the purposes 
                of this section.
                  (B) Separate targets.--The Secretary shall 
                establish separate targets for commercial and 
                residential buildings.
                  (C) Baselines.--The baseline for updating 
                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 established 
                under subparagraph (A) shall align with the 
                respective code development cycles determined 
                by the model building energy code-setting and 
                standards development organizations described 
                in section 303(14).
                  (E) Specific years.--
                          (i) In general.--Targets for specific 
                        years shall be established and revised 
                        by the Secretary through rulemaking and 
                        coordinated with code and standards 
                        developers (such as the entities 
                        described in section 303(14)) at a 
                        level that--
                                  (I) is at the maximum level 
                                of energy efficiency that is 
                                technologically feasible and 
                                lifecycle cost effective, while 
                                accounting for the economic 
                                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 
                                Independence and Security Act 
                                of 2007 (42 U.S.C. 17061)) 
                                through high performance 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 
                        applicable year, the Secretary may set 
                        a later target year for any of the 
                        model building energy codes described 
                        in subparagraph (A) if the Secretary 
                        determines that a target cannot be met.
                          (iv) Small business.--When 
                        establishing 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 factors affecting 
        building energy use.--In establishing building code 
        targets under paragraph (2), the Secretary shall 
        develop and adjust the targets in recognition of 
        potential savings and costs relating to--
                  (A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building 
                envelope sealing;
                  (B) advancement of distributed generation 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 
                appropriate regarding building plug load and 
                other energy uses.
          (4) Economic considerations.--In establishing and 
        revising building code targets under paragraph (2), the 
        Secretary shall consider the economic feasibility of 
        achieving the proposed targets established under this 
        section and the potential costs and savings for 
        consumers and building owners, including 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 development 
        organizations consistent with the goals of this 
        section.
          (2) Assistance.--The assistance shall include, as 
        requested by the organizations, technical assistance 
        in--
                  (A) evaluating code or standards proposals or 
                revisions;
                  (B) building energy and water analysis and 
                design tools;
                  (C) building demonstrations;
                  (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 organizations, 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 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 buildings, 
                as compared to the existing model building 
                energy code; and
                  (B) meet the applicable targets under 
                subsection (b)(2).
          (2) Codes or standards not meeting targets.--
                  (A) Preliminary determination by secretary.--
                If the Secretary makes a preliminary 
                determination under paragraph (1)(B) that a 
                code or standard does not meet an applicable 
                target under subsection (b)(2), the Secretary 
                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 with 
                supporting evidence, taking into 
                consideration--
                          (i) whether the modified code is 
                        technically 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 secretary.--
                          (i) In general.--A final 
                        determination 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 determinations.--If a 
                        model building energy code or standards 
                        developer makes an election pursuant to 
                        subparagraph (B)(ii), the Secretary 
                        shall make the following final 
                        determinations for purposes of this 
                        subsection:
                                  (I) A final determination 
                                regarding whether the code or 
                                standard of the developer, 
                                absent any changes proposed by 
                                the Secretary under 
                                subparagraph (A), will--
                                          (aa) improve energy 
                                        efficiency in 
                                        buildings, as compared 
                                        to the existing model 
                                        building energy code; 
                                        and
                                          (bb) meet the 
                                        applicable targets 
                                        under subsection 
                                        (b)(2).
                                  (II) A final determination 
                                regarding whether the code or 
                                standard of the developer, as 
                                modified by the changes 
                                proposed by the Secretary under 
                                subparagraph (A), would--
                                          (aa) improve energy 
                                        efficiency in 
                                        buildings, as compared 
                                        to the existing model 
                                        building energy 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 determinations 
        under this section.

           *       *       *       *       *       *       *


SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND 
                    RESILIENCE.

    (a) Definitions.--In this section:
          (1) Eligible entity--.The term `eligible entity' 
        means
                  (A) a relevant State agency, as determined by 
                the Secretary, such as a State building code 
                agency or State energy office; and
                  (B) a partnership.
          (2) Partnership.--The term `partnership' means a 
        partnership between an eligible entity described in 
        paragraph (1)(A) and one 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 
                environmental advocates.
                  (F) Other entities, as determined by the 
                Secretary.
          (3) Secretary.--The term `Secretary' means the 
        Secretary of Energy.
    (b) Establishment.--
          (1) In general.--The Secretary shall establish 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 existing 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 assess 
                the benefits, including benefits relating to--
                          (i) resilience and peak load 
                        reduction;
                          (ii) occupant safety and health; and
                          (iii) environmental performance;
                  (D) the demonstrated capacity of the eligible 
                entity to carry out the proposed project; and
                  (E) the need of the eligible entity for 
                assistance; and
          (2) give priority to applications from partnerships.
    (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 
                        subcontractors, 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 compliance with building energy 
                        codes;
                  (B) to collect and disseminate quantitative 
                data on construction and codes implementation, 
                including code pathways, performance 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 
                        existing residential and commercial 
                        buildings (including multifamily 
                        buildings).
          (2) Related topics.--Training and materials provided 
        using a grant under this section may include 
        information on the relationship between energy codes 
        and--
                  (A) cost-effective, high-performance, and 
                zero-net-energy buildings;
                  (B) improving resilience, health, and safety;
                  (C) water savings and other environmental 
                impacts; and
                  (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.

           *       *       *       *       *       *       *


              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Public Law 110-140, as amended

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS

           *       *       *       *       *       *       *


    (b) Table of Contents.--The table of contents of this Act 
is as follows:
     * * * * * * *

           TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

     * * * * * * *

                Subtitle D--Industrial Energy Efficiency

Sec. 451. Industrial energy efficiency.
Sec. 452. Energy-intensive industries program.
Sec. 453. Energy efficiency for data center buildings
Sec. 454. Industrial research and assessment centers.

           *       *       *       *       *       *       *


TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

           *       *       *       *       *       *       *


Subtitle C--High-Performance Federal Buildings

           *       *       *       *       *       *       *


SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

           *       *       *       *       *       *       *


    (h) Identification of Certification [System] SYSTEMS.--
          (1) In general.--For the purpose of this section, not 
        later than 60 days after the date of enactment of this 
        Act, the Federal Director shall identify and shall 
        provide 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)), a certification system 
        that the Director determines to be the most likely to 
        encourage a comprehensive and environmentally-sound 
        approach to certification of green buildings.]
          (1) In general.--Based on an ongoing review, the 
        Federal Director shall identify and shall provide 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)), a list of those certification systems 
        that the Director identifies as the most likely to 
        encourage a comprehensive and environmentally sound 
        approach to certification of green buildings.
          (2) Basis.--The [system] systems identified under 
        paragraph (1) shall be based on--
                  [(A) a study completed every 5 years and 
                provided to the Secretary pursuant to section 
                305(a)(3)(D) of that Act, which shall be 
                carried out by the Federal Director to compare 
                and evaluate standards;]
                  (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 
                        Director to compare and evaluate 
                        standards; and
                          (ii) allow any developer or 
                        administrator of a rating system or 
                        certification system to be included in 
                        the review;
                  (B) the ability and availability of assessors 
                and auditors to independently verify the 
                criteria and measurement of metrics at the 
                scale necessary to implement this subtitle;
                  (C) the ability of the applicable standard-
                setting organization to collect and reflect 
                public comment;
                  (D) the ability of the standard to be 
                developed and revised through a consensus-based 
                process;
                  (E) an evaluation of the robustness of the 
                criteria for a high-performance green building, 
                which shall give credit for promoting--(i) 
                efficient and sustainable use of water, energy, 
                and other natural resources; (ii) use of 
                renewable energy sources; (iii) improved indoor 
                environmental quality through enhanced indoor 
                air quality, thermal comfort, acoustics, day 
                lighting, pollutant source control, and use of 
                low-emission materials and building system 
                controls; (iv) reduced impacts from 
                transportation through building location and 
                site design that promote access by public 
                transportation; and (v) such other criteria as 
                the Federal Director determines to be 
                appropriate; [and]
                  (F) national recognition within the building 
                industry[.];
                  (G) a finding that, for all credits 
                addressing the sourcing of grown, harvested, or 
                mined materials, the system rewards the use of 
                products that have obtained certifications of 
                responsible sourcing, such as certifications 
                provided by the Sustainable Forestry 
                Initiative, the Forest Stewardship Council, the 
                American Tree Farm System, or the Programme for 
                the Endorsement of Forest Certification; and
                  (H) a finding that the system incorporates 
                life-cycle assessment as a credit pathway.

           *       *       *       *       *       *       *


SEC. 452. [ENERGY-INTENSIVE INDUSTRIES PROGRAM] FUTURE OF INDUSTRY 
                    PROGRAM.

    (a) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) an energy-intensive industry;
                  (B) a national trade association representing 
                an energy-intensive industry; or
                  (C) a person acting on behalf of 1 or more 
                energy-intensive industries or sectors, as 
                determined by the Secretary.
          (2) Energy-intensive industry.--The term ``energy-
        intensive industry'' means an industry that uses 
        significant quantities of energy as part of its primary 
        economic activities, including--
                  (A) information technology, including data 
                centers containing electrical equipment used in 
                processing, storing, and transmitting digital 
                information;
                  (B) consumer product manufacturing;
                  (C) food processing;
                  (D) materials manufacturers, including--
                          (i) aluminum;
                          (ii) chemicals;
                          (iii) forest and paper products;
                          (iv) metal casting;
                          (v) glass;
                          (vi) petroleum refining;
                          (vii) mining; and
                          (viii) steel;
                  (E) water and wastewater treatment 
                facilities, including systems that treat 
                municipal, industrial, and agricultural waste; 
                and
                  [(E)] (F) other energy-intensive industries, 
                as determined by the Secretary.
          (3) Feedstock.--The term ``feedstock'' means the raw 
        material supplied for use in manufacturing, chemical, 
        and biological processes.
          (4) Partnership.--The term ``partnership'' means an 
        energy efficiency partnership established under 
        subsection (c)(1)(A).
          (5) Program.--The term ``program'' means the energy-
        intensive industries program established under 
        subsection (b).
    (b) Establishment of Program.--The Secretary shall 
establish a program under which the Secretary, in cooperation 
with energy-intensive industries and national industry trade 
associations representing the energy-intensive industries, 
shall support, research, develop, and promote the use of new 
materials processes, technologies, and techniques to optimize 
energy efficiency and the economic competitiveness of the 
United States' industrial and commercial sectors.
    (c) Partnerships.--
          (1) In general.--As part of the program, the 
        Secretary shall establish energy efficiency 
        partnerships between the Secretary and eligible 
        entities to conduct research on, develop, and 
        demonstrate new processes, technologies, and operating 
        practices and techniques to significantly improve the 
        energy efficiency of equipment and processes used by 
        energy-intensive industries, including the conduct of 
        activities to--
                  (A) increase the energy efficiency of 
                industrial processes and facilities;
                  (B) research, develop, and demonstrate 
                advanced technologies capable of energy 
                intensity reductions and increased 
                environmental performance; and
                  (C) promote the use of the processes, 
                technologies, and techniques described in 
                subparagraphs (A) and (B).
          (2) Eligible activities.--Partnership activities 
        eligible for funding under this subsection include--
                  (A) feedstock and recycling research, 
                development, and demonstration activities to 
                identify and promote--
                          (i) opportunities for meeting 
                        industry feedstock requirements with 
                        more energy efficient and flexible 
                        sources of feedstock or energy supply;
                          (ii) strategies to develop and deploy 
                        technologies that improve the quality 
                        and quantity of feedstocks recovered 
                        from process and waste streams; and
                        (iii) other methods using recycling, 
                        reuse, and improved industrial 
                        materials;
                  (B) research to develop and demonstrate 
                technologies and processes that utilize 
                alternative energy sources to supply heat, 
                power, and new feedstocks for energy-intensive 
                industries;
                  (C) research to achieve energy efficiency in 
                steam, power, control system, and process heat 
                technologies, and in other manufacturing 
                processes; and
                  (D) industrial and commercial energy 
                efficiency and sustainability assessments to--
                          (i) assist individual industrial and 
                        commercial sectors in developing tools, 
                        techniques, and methodologies to 
                        assess--
                                  (I) the unique processes and 
                                facilities of the sectors;
                                  (II) the energy utilization 
                                requirements of the sectors; 
                                and
                                  (III) the application of new, 
                                more energy efficient 
                                technologies; and
                          (ii) conduct energy savings 
                        assessments;
                  (E) the incorporation of technologies and 
                innovations that would significantly improve 
                the energy efficiency and utilization of 
                energy-intensive commercial applications; and
                  (F) any other activities that the Secretary 
                determines to be appropriate.
          (3) Proposals.--
                  (A) In general.--To be eligible for funding 
                under this subsection, a partnership shall 
                submit to the Secretary a proposal that 
                describes the proposed research, development, 
                or demonstration activity to be conducted by 
                the partnership.
                  (B) Review.--After reviewing the scientific, 
                technical, and commercial merit of a proposals 
                submitted under subparagraph (A), the Secretary 
                shall approve or disapprove the proposal.
                  (C) Competitive awards.--The provision of 
                funding under this subsection shall be on a 
                competitive basis.
          (4) Cost-sharing requirement.--In carrying out this 
        section, the Secretary shall require cost sharing in 
        accordance with section 988 of the Energy Policy Act of 
        2005 (42 U.S.C. 16352).
    (d) Grants.--The Secretary may award competitive grants for 
innovative technology research, development and demonstrations 
to universities, individual inventors, and small companies, 
based on energy savings potential, commercial viability, and 
technical merit.
    [(e) Institution of Higher Education-Based Industrial 
Research and Assessment Centers.--The Secretary shall provide 
funding to institution of higher education-based industrial 
research and assessment centers, whose purpose shall be--
          [(1) to identify opportunities for optimizing energy 
        efficiency and environmental performance;
          [(2) to promote applications of emerging concepts and 
        technologies in small- and medium-sized manufacturers;
          [[(3) to promote research and development for the use 
        of alternative energy sources to supply heat, power, 
        and new feedstocks for energy-intensive industries;
          [(4) to coordinate with appropriate Federal and State 
        research offices, and provide a clearinghouse for 
        industrial process and energy efficiency technical 
        assistance resources; and
          [(5) to coordinate with State-accredited technical 
        training centers and community colleges, while ensuring 
        appropriate services to all regions of the United 
        States.]
    [(f)] (e) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the Secretary to carry out this 
        section--
                  (A) $184,000,000 for fiscal year 2008;
                  (B) $190,000,000 for fiscal year 2009;
                  (C) $196,000,000 for fiscal year 2010;
                  (D) $202,000,000 for fiscal year 2011;
                  (E) $208,000,000 for fiscal year 2012; and
                  (F) such sums as are necessary for fiscal 
                year 2013 and each fiscal year thereafter.
          (2) Partnership activities.--Of the amounts made 
        available under paragraph (1), not less than 50 percent 
        shall be used to pay the Federal share of partnership 
        activities under subsection (c).
          (3) Coordination and nonduplication.--The Secretary 
        shall coordinate efforts under this section with other 
        programs of the Department and other Federal agencies 
        to avoid duplication of effort.

SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.

    (a) Definitions.--In this section:
          (1) Data center.--The term ``data center'' means any 
        facility that primarily contains electronic equipment 
        used to process, store, and transmit digital 
        information, which may be--
                  (A) a free-standing structure; or
                  (B) a facility within a larger structure, 
                that uses environmental control equipment to 
                maintain the proper conditions for the 
                operation of electronic equipment.
          (2) Data center operator.--The term ``data center 
        operator'' means any person or government entity that 
        builds or operates a data center or purchases data 
        center services, equipment, and facilities.
    (b) Voluntary National Information Program.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary and the 
        Administrator of the Environmental Protection Agency 
        shall, after consulting with information technology 
        industry and other interested parties, initiate a 
        voluntary national information program for those types 
        of data centers and data center equipment and 
        facilities that are widely used and for which there is 
        a potential for significant data center energy savings 
        as a result of the program.
          (2) Requirements.--The program described in paragraph 
        (1) shall--
                  (A) address data center efficiency 
                holistically, reflecting the total energy 
                consumption of data centers as whole systems, 
                including both equipment and facilities;
                  (B) consider prior work and studies 
                undertaken in this area, including by the 
                Environmental Protection Agency and the 
                Department of Energy;
                  (C) consistent with the objectives described 
                in paragraph (1), determine the type of data 
                center and data center equipment and facilities 
                to be covered under the program;
                  (D) produce specifications, measurements, 
                best practices, and benchmarks that will enable 
                data center operators to make more informed 
                decisions about the energy efficiency and costs 
                of data centers, and that take into account--
                          (i) the performance and use of 
                        servers, data storage devices, and 
                        other information technology equipment;
                          (ii) the efficiency of heating, 
                        ventilation, and air conditioning, 
                        cooling, and power conditioning 
                        systems, provided that no modification 
                        shall be required of a standard then in 
                        effect under the Energy Policy and 
                        Conservation Act (42 U.S.C. 6201 et 
                        seq.) for any covered heating, 
                        ventilation, air-conditioning, cooling 
                        or power-conditioning product;
                          (iii) energy savings from the 
                        adoption of software and data 
                        management techniques; and
                          (iv) other factors [determined by the 
                        organization] proposed by the 
                        stakeholders described in subsection 
                        (c);
                  (E) allow for creation of separate 
                specifications, measurements, and benchmarks 
                based on data center size and function, as well 
                as other appropriate characteristics;
                  (F) advance the design and implementation of 
                efficiency technologies to the maximum extent 
                economically practical;
                  (G) provide to data center operators in the 
                private sector and the Federal Government 
                information about best practices and purchasing 
                decisions that reduce the energy consumption of 
                data centers; and
                  (H) publish the information described in 
                subparagraph (G), which may be disseminated 
                through catalogs, trade publications, the 
                Internet, or other mechanisms, that will allow 
                data center operators to assess the energy 
                consumption and potential cost savings of 
                alternative data centers and data center 
                equipment and facilities.
          [(3) Procedures.--The program described in paragraph 
        (1) shall be developed in consultation with and 
        coordinated by the organization described in subsection 
        (c) according to commonly accepted procedures for the 
        development of specifications, measurements, and 
        benchmarks.]
    [(c) Data Center Efficiency Organization.--
          [(1) In general.--After the establishment of the 
        program described in subsection (b), the Secretary and 
        the Administrator shall jointly designate an 
        information technology industry organization to consult 
        with and to coordinate the program.
          [(2) Requirements.--The organization designated under 
        paragraph (1), whether preexisting or formed 
        specifically for the purposes of subsection (b), 
        shall--
                  [(A) consist of interested parties that have 
                expertise in energy efficiency and in the 
                development, operation, and functionality of 
                computer data centers, information technology 
                equipment, and software, as well as 
                representatives of hardware manufacturers, data 
                center operators, and facility managers;
                  [(B) obtain and address input from Department 
                of Energy National Laboratories or any college, 
                university, research institution, industry 
                association, company, or public interest group 
                with applicable expertise in any of the areas 
                listed in paragraph (1);
                  [(C) follow commonly accepted procedures for 
                the development of specifications and 
                accredited standards development processes;
                  [(D) have a mission to develop and promote 
                energy efficiency for data centers and 
                information technology; and
                  [(E) have the primary responsibility to 
                consult in the development and publishing of 
                the information, measurements, and benchmarks 
                described in subsection (b) and transmission of 
                the information to the Secretary and the 
                Administrator for consideration under 
                subsection (d).
    [(d) Measurements and Specifications.--
          [(1) In general.--The Secretary and the Administrator 
        shall consider the specifications, measurements, and 
        benchmarks described in subsection (b) for use by the 
        Federal Energy Management Program, the Energy Star 
        Program, and other efficiency programs of the 
        Department of Energy and Environmental Protection 
        Agency, respectively.
          [(2) Rejections.--If the Secretary or the 
        Administrator rejects 1 or more specifications, 
        measurements, or benchmarks described in subsection 
        (b), the rejection shall be made consistent with 
        section 12(d) of the National Technology Transfer and 
        Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 
        104-113).
          [(3) Determination of impracticability.--A 
        determination that a specification, measurement, or 
        benchmark described in subsection (b) is impractical 
        may include consideration of the maximum efficiency 
        that is technologically feasible and economically 
        justified.
      [(e) Monitoring.--The Secretary and the Administrator 
shall--
          [(1) monitor and evaluate the efforts to develop the 
        program described in subsection (b); and
          [(2) not later than 3 years after the date of 
        enactment of this Act, make a determination as to 
        whether the program is consistent with the objectives 
        of subsection (b).
    [(f) Alternative System.--If the Secretary and the 
Administrator make a determination under subsection (e) that a 
voluntary national information program for data centers 
consistent with the objectives of subsection (b) has not been 
developed, the Secretary and the Administrator shall, after 
consultation with the National Institute of Standards and 
Technology and not later than 2 years after the determination, 
develop and implement the program under subsection (b).
    [(g) Protection Of Proprietary Information.--The Secretary, 
the Administrator, or the data center efficiency organization 
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 program established under this 
section.]
    (c) Stakeholder Involvement.--
          (1) In general.--The Secretary and the Administrator 
        shall carry out subsection (b) in collaboration 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 Secretary 
        and the Administrator shall pay particular attention to 
        organizations that--
                  (A) have members with expertise in energy 
                efficiency and in the development, operation, 
                and functionality of data centers, information 
                technology equipment, and software, including 
                representatives of hardware manufacturers, data 
                center operators, and facility managers;
                  (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 
                association, 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 
                efficiency for data centers and information 
                technology.
    (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 Energy Star Program, and other 
efficiency programs of the Department of Energy or the 
Environmental Protection Agency.
    (e) Study.--
          (1) Definition of report.--In this subsection, 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 update 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 Industrial 
        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 
                report with new data regarding the period from 
                2015 through 2019;
                  (B) an analysis considering the impact of 
                information technologies, including 
                virtualization and cloud computing, in the 
                public 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 
                energy usage;
                  (D) an evaluation of water usage in data 
                centers and recommendations for reductions in 
                that water usage; and
                  (E) updated projections and recommendations 
                for best practices through fiscal year 2025.
    (f) Data Center Energy Practitioner Program.--
          (1) In general.--The Secretary, in collaboration with 
        key stakeholders and the Director of the Office of 
        Management and Budget, shall maintain a data center 
        energy practitioner program that provides 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 certified 
        pursuant to the program, whenever practicable using 
        certified practitioners employed by the agency.
    (g) Open Data Initiative.--
          (1) In general.--The Secretary, in collaboration 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 innovation, 
        optimization, and consolidation.
          (2) Consideration.--In establishing the initiative 
        under paragraph (1), the Secretary shall consider 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 harmonize global 
specifications and metrics for data center energy and water 
efficiency.
    (i) Data Center Utilization Metric.--The Secretary, in 
collaboration with key stakeholders, shall facilitate in the 
development of an efficiency metric that measures the energy 
efficiency of a data center (including equipment and 
facilities).
    (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.

SEC. 454. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.

    (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 assessment center' 
        means--
                  (A) an institution of higher education-based 
                industrial research and assessment center that 
                is funded by the Secretary under subsection 
                (b); and
                  (B) an industrial research and assessment 
                center at a trade school, community college, or 
                union training program that is funded by the 
                Secretary under subsection (f).
    (b) Institution of Higher Education-Based Industrial 
Research and Assessment Centers.--
          (1) In general.--The Secretary shall provide funding 
        to institution of higher education-based industrial 
        research and assessment centers.
          (2) Purpose.--The purpose of each institution of 
        higher education-based industrial research and 
        assessment center shall be--
                  (A) to identify opportunities for optimizing 
                energy efficiency and environmental 
                performance, including implementation of--
                          (i) smart manufacturing;
                          (ii) energy management systems;
                          (iii) sustainable manufacturing; and
                          (iv) information technology 
                        advancements for supply chain analysis, 
                        logistics, system monitoring, 
                        industrial and manufacturing processes, 
                        and other purposes;
                  (B) to promote applications of emerging 
                concepts and technologies in small- and medium-
                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 supply 
                heat, power, and new feedstocks for energy-
                intensive industries;
                  (D) to coordinate with appropriate Federal 
                and State research offices;
                  (E) to provide a clearinghouse for industrial 
                process and energy efficiency technical 
                assistance resources; and
                  (F) to coordinate with State-accredited 
                technical training centers and community 
                colleges, while ensuring appropriate services 
                to all regions of the United States.
    (c) Coordination.--To increase the value and capabilities 
of the industrial research and assessment centers, the centers 
shall--
          (1) coordinate with Manufacturing Extension 
        Partnership Centers of the National Institute of 
        Standards and Technology;
          (2) coordinate with the Federal Energy Management 
        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 leverage 
        the expertise, technologies, and research and 
        development capabilities of the National Laboratories 
        for national industrial and manufacturing needs;
          (4) increase partnerships with energy service 
        providers and technology providers to leverage private 
        sector expertise and accelerate deployment of new and 
        existing technologies and processes for energy 
        efficiency, power factor, and load management;
          (5) identify opportunities for reducing greenhouse 
        gas emissions and other air emissions; and
          (6) promote sustainable manufacturing practices for 
        small- and medium-sized manufacturers.
    (d) Outreach.--The Secretary shall provide funding for--
          (1) outreach activities by the industrial research 
        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 efficiency 
                organizations; and
                  (D) the efforts of other industrial research 
                and assessment centers.
    (e) Centers of Excellence.--
          (1) Establishment.--The Secretary shall establish a 
        Center of Excellence at not more than 5 of the highest-
        performing industrial research and assessment centers, 
        as determined by the Secretary.
          (2) Duties.--A Center of Excellence shall coordinate 
        with and advise the industrial research and assessment 
        centers located in the region of the Center of 
        Excellence, including--
                  (A) by mentoring new directors and staff of 
                the industrial research and assessment centers 
                with respect to--
                          (i) the availability of resources; 
                        and
                          (ii) best practices for carrying out 
                        assessments, including through the 
                        participation of the staff of the 
                        Center of Excellence in assessments 
                        carried out by new industrial research 
                        and assessment centers;
                  (B) by providing training to staff and 
                students at the industrial research and 
                assessment 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 technical 
                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 
                efficiency 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 programs 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 paragraphs 
                (1) through (3) of subsection (c); and
                  (F) by coordinating the outreach activities 
                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 under 
        subsection (i), the Secretary shall use not less than 
        $500,000 to support each Center of Excellence.
    (f) Expansion of Industrial Research and Assessment 
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 subparagraph (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 
                education-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 
                established under paragraph (1), the Secretary 
                shall take into consideration the varying 
                capabilities of trade schools, community 
                colleges, and union training programs.
    (g) Workforce Training.--
          (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 implement 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 
                received an assessment from an industrial 
                research 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 described in paragraph 
        (1) and apprenticeship programs described in paragraph 
        (2) shall be 50 percent.
    (h) Small Business Loans.--The Administrator of the Small 
Business Administration shall, to the maximum extent 
practicable, expedite consideration of applications from 
eligible small business concerns for loans under the Small 
Business Act (15 U.S.C. 631 et seq.) to implement 
recommendations developed by the industrial research and 
assessment centers.
    (i) Funding.--There is authorized to be appropriated to the 
Secretary to carry out this section $30,000,000 for each fiscal 
year, to remain available until expended.

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                   ENERGY POLICY AND CONSERVATION ACT

Public Law 94-163, as amended

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TABLE OF CONTENTS

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Sec. 371. Definitions.
Sec. 372. Survey and Registry.
Sec. 373. Waste energy recovery incentive grant program.
Sec. 374. Additional incentives for recovery, utilization and prevention 
          of industrial waste energy.
Sec. 375. Clean Energy Application Centers.
Sec. 376. Sustainable manufacturing initiative.

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TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *


 PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
AUTOMOBILES

           *       *       *       *       *       *       *



                          ENERGY STAR PROGRAM

    Sec. 324A. (a) In General.--

           *       *       *       *       *       *       *

    (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 
        consumer, home, and office electronic products for 
        program partners that have complied with all 
        requirements of the Energy Star program for a period of 
        at least 18 months.
          (2) Administration.--In the case of a program partner 
        described in paragraph (1), the new requirements under 
        paragraph (1)--
                  (A) shall not require third-party 
                certification 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 subsection 
        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 subparagraph (B), 
                an exemption from third-party certification 
                provided to a program partner under paragraph 
                (1) shall terminate if the program partner is 
                found to have violated program requirements 
                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 Energy 
                Star program requirements for a period of at 
                least 3 years.

           *       *       *       *       *       *       *


PART E--INDUSTRIAL ENERGY EFFICIENCY

           *       *       *       *       *       *       *



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 opportunities for--
          (1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
          (2) preventing pollution and minimizing waste;
          (3) improving efficient use of water in manufacturing 
        processes;
          (4) conserving natural resources; and
          (5) achieving such other goals as the Secretary 
        determines to be appropriate.
    (b) Coordination.--To implement any recommendations 
resulting from an onsite technical assessment carried out under 
subsection (a) and to accelerate the adoption of new and 
existing technologies and processes 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 Standards 
        and Technology.
    (c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As 
part of the industrial efficiency programs of the Department of 
Energy, the Secretary shall carry out a joint industry-
government partnership 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.

           *       *       *       *       *       *       *


                       ENERGY POLICY ACT OF 2005

Public Law 109-58, as amended

           *       *       *       *       *       *       *



[SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.

    [(a) Definition of Energy Intensity.--In this section, the 
term ``energy intensity'' means the primary energy consumed for 
each unit of physical output in an industrial process.
    [(b) Voluntary Agreements.--The Secretary may enter into 
voluntary agreements with one or more persons in industrial 
sectors that consume significant quantities of primary energy 
for each unit of physical output to reduce the energy intensity 
of the production activities of the persons.
    [(c) Goal.--Voluntary agreements under this section shall 
have as a goal the reduction of energy intensity by not less 
than 2.5 percent each year during the period of calendar years 
2007 through 2016.
    [(d) Recognition.--The Secretary, in cooperation with other 
appropriate Federal agencies, shall develop mechanisms to 
recognize and publicize the achievements of participants in 
voluntary agreements under this section.
    [(e) Technical Assistance.--A person that enters into an 
agreement under this section and continues to make a good faith 
effort to achieve the energy efficiency goals specified in the 
agreement shall be eligible to receive from the Secretary a 
grant or technical assistance, as appropriate, to assist in the 
achievement of those goals.
    [(f) Report.--Not later than each of June 30, 2012, and 
June 30, 2017, the Secretary shall submit to Congress a report 
that--
          [(1) evaluates the success of the voluntary 
        agreements under this section; and
          [(2) provides independent verification of a sample of 
        the energy savings estimates provided by participating 
        firms.]

           *       *       *       *       *       *       *


                       ENERGY POLICY ACT OF 1992

Public Law 102-486, as amended

           *       *       *       *       *       *       *



[SEC. 131. ENERGY EFFICIENCY IN INDUSTRIAL FACILITIES.

    [(a) Grant Program.--
          [(1) In general.--The Secretary shall make grants to 
        industry associations to support programs to improve 
        energy efficiency in industry. In order to be eligible 
        for a grant under this subsection, an industry 
        association shall establish a voluntary energy 
        efficiency improvement target program.
          [(2) Awarding of grants.--The Secretary shall request 
        project proposals and provide annual grants on a 
        competitive basis. In evaluating grant proposals under 
        this subsection, the Secretary shall consider--
                  [(A) potential energy savings;
                  [(B) potential environmental benefits;
                  [(C) the degree of cost sharing;
                  [(D) the degree to which new and innovative 
                technologies will be encouraged;
                  [(E) the level of industry involvement;
                  [(F) estimated project cost-effectiveness; 
                and
                  [(G) the degree to which progress toward the 
                energy improvement targets can be monitored.
          [(3) Eligible Projects.--Projects eligible for grants 
        under this subsection may include the following:
                  [(A) Workshops.
                  [(B) Training seminars.
                  [(C) Handbooks.
                  [(D) Newsletters.
                  [(E) Data bases.
                  [(F) Other activities approved by the 
                Secretary.
          [(4) Limitation on cost sharing.--Grants provided 
        under this subsection shall not exceed $250,000 and 
        each grant shall not exceed 75 percent of the total 
        cost of the project for which the grant is made.
          [(5) Authorization.--There are authorized to be 
        appropriated such sums as are necessary to carry out 
        this subsection.
    [(b) Award Program.--The Secretary shall establish an 
annual award program to recognize those industry associations 
or individual industrial companies that have significantly 
improved their energy efficiency.
    [(c) Report on Industrial Reporting and Voluntary 
Targets.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall, in consultation 
with affected industries, evaluate and report to the Congress 
regarding the establishment of Federally mandated energy 
efficiency reporting requirements and voluntary energy 
efficiency improvement targets for energy intensive industries. 
Such report shall include an evaluation of the costs and 
benefits of such reporting requirements and voluntary energy 
efficiency improvement targets, and recommendations regarding 
the role of such activities in improving energy efficiency in 
energy intensive industries.]

[SEC. 132. PROCESS-ORIENTED INDUSTRIAL ENERGY EFFICIENCY.

    [(a) Definitions.--For the purposes of this section--
          [(1) the term ``covered industry'' means the food and 
        food products industry, lumber and wood products 
        industry, petroleum and coal products industry, and all 
        other manufacturing industries specified in Standard 
        Industrial Classification Codes 20 through 39 (or 
        successor classification codes);
          [(2) the term ``process-oriented industrial 
        assessment'' means--
                  [(A) the identification of opportunities in 
                the production process (from the introduction 
                of materials to final packaging of the product 
                for shipping) for--
                          [(i) improving energy efficiency;
                          [(ii) reducing environmental impact; 
                        and
                          [(iii) designing technological 
                        improvements to increase 
                        competitiveness and achieve cost-
                        effective product quality enhancement;
                  [(B) the identification of opportunities for 
                improving the energy efficiency of lighting, 
                heating, ventilation, air conditioning, and the 
                associated building envelope; and
                  [(C) the identification of cost-effective 
                opportunities for using renewable energy 
                technology in the production process and in the 
                systems described in subparagraph (B); and
          [(3) the term ``utility'' means any person, State 
        agency (including any municipality), or Federal agency, 
        which sells electric or gas energy to retail customers.
    [(b) Grant Program.--
          [(1) Use of funds.--The Secretary shall, to the 
        extent funds are made available for such purpose, make 
        grants to States which, consistent with State law, 
        shall be used for the following purposes:
                  [(A) To promote, through appropriate 
                institutions such as universities, nonprofit 
                organizations, State and local government 
                entities, technical centers, utilities, and 
                trade organizations, the use of energy-
                efficient technologies in covered industries.
                  [(B) To establish programs to train 
                individuals (on an industry-by-industry basis) 
                in conducting process-oriented industrial 
                assessments and to encourage the use of such 
                trained assessors.
                  [(C) To assist utilities in developing, 
                testing, and evaluating energy efficiency 
                programs and technologies for industrial 
                customers in covered industries.
          [(2) Consultation.--States receiving grants under 
        this subsection shall consult with utilities and 
        representatives of affected industries, as appropriate, 
        in determining the most effective use of such funds 
        consistent with the requirements of paragraph (1).
          [(3) Eligibility criteria.--Not later than 1 year 
        after the date of the enactment of this Act, the 
        Secretary shall establish eligibility criteria for 
        grants made pursuant to this subsection. Such criteria 
        shall require a State applying for a grant to 
        demonstrate that such State--
                  [(A) pursuant to section 111(a) of the Public 
                Utility and Regulatory Policies Act of 1978 (16 
                U.S.C. 2621(a)), has considered and made a 
                determination regarding the implementation of 
                the standards specified in paragraphs (7) and 
                (8) of section 111(d) of such Act (with respect 
                to integrated resources planning and 
                investments in conservation and demand 
                management); and
                  [(B) by legislation or regulation--
                          [(i) allows utilities to recover the 
                        costs prudently incurred in providing 
                        process-oriented industrial 
                        assessments; and
                          [(ii) encourages utilities to provide 
                        to covered industries--
                                  [(I) process-oriented 
                                industrial assessments; and
                                  [(II) financial incentives 
                                for implementing energy 
                                efficiency improvements.
          [(4) Allocation of funds.--Grants made pursuant to 
        this subsection shall be allocated each fiscal year 
        among States meeting the criteria specified in 
        paragraph (3) who have submitted applications 60 days 
        before the first day of such fiscal year. Such 
        allocation shall be made in accordance with a formula 
        to be prescribed by the Secretary based on each State's 
        share of value added in industry (as determined by the 
        Census of Manufacturers) as a percentage of the value 
        added by all such States.
          [(5) Renewal of grants.--A grant under this 
        subsection may continue to be renewed after 2 
        consecutive fiscal years during which a State receives 
        a grant under this subsection, subject to the 
        availability of funds, if--
                  [(A) the Secretary determines that the funds 
                made available to the State during the previous 
                2 years were used in a manner required under 
                paragraph (1); and
                  [(B) such State demonstrates, in a manner 
                prescribed by the Secretary, utility 
                participation in programs established pursuant 
                to this subsection.
          [(6) Coordination with other federal programs.--In 
        carrying out the functions described in paragraph (1), 
        States shall, to the extent practicable, coordinate 
        such functions with activities and programs conducted 
        by the Energy Analysis and Diagnostic Centers of the 
        Department of Energy and the Manufacturing Technology 
        Centers of the National Institute of Standards and 
        Technology.
    [(c) Other Federal Assistance.--
          [(1) Assessment criteria.--Not later than 2 years 
        after the date of the enactment of this Act, the 
        Secretary shall, by contract with nonprofit 
        organizations with expertise in process-oriented 
        industrial energy efficiency technologies, establish 
        and, as appropriate, update criteria for conducting 
        process-oriented industrial assessments on an industry-
        by-industry basis. Such criteria shall be made 
        available to State and local government, public utility 
        commissions, utilities, representatives of affected 
        process-oriented industries, and other interested 
        parties.
          [(2) Directory.--The Secretary shall establish a 
        nationwide directory of organizations offering 
        industrial energy efficiency assessments, technologies, 
        and services consistent with the purposes of this 
        section. Such directory shall be made available to 
        State governments, public utility commissions, 
        utilities, industry representatives, and other 
        interested parties.
          [(3) Award program.--The Secretary shall establish an 
        annual award program to recognize utilities operating 
        outstanding or innovative industrial energy efficiency 
        technology assistance programs.
          [(4) Meetings.--In order to further the purposes of 
        this section, the Secretary shall convene annual 
        meetings of parties interested in process-oriented 
        industrial assessments, including representatives of 
        State government, public utility commissions, 
        utilities, and affected process-oriented industries.
          [(d) Authorization of Appropriations.--There are 
        authorized to be appropriated such sums as may be 
        necessary to carry out the purposes of this section.]

[SEC. 133. INDUSTRIAL INSULATION AND AUDIT GUIDELINES.

          [(a) Voluntary Guidelines for Energy Efficiency 
        Auditing and Insulating.--Not later than 18 months 
        after the date of the enactment of this Act, the 
        Secretary, after consultation with utilities, major 
        industrial energy consumers, and representatives of the 
        insulation industry, shall establish voluntary 
        guidelines for--
          [(1) the conduct of energy efficiency audits of 
        industrial facilities to identify cost-effective 
        opportunities to increase energy efficiency; and
          [(2) the installation of insulation to achieve cost-
        effective increases in energy efficiency in industrial 
        facilities.
          [(b) Educational and Technical Assistance.--The 
        Secretary shall conduct a program of educational and 
        technical assistance to promote the use of the 
        voluntary guidelines established under subsection (a).]

           *       *       *       *       *       *       *


SEC. 2101. GENERAL IMPROVED ENERGY EFFICIENCY.

    (a) Program Direction.--The Secretary shall conduct a 5-
year program, in accordance with sections 3001 and 3002 of this 
Act, on cost effective technologies to improve energy 
efficiency and increase the use of renewable energy in the 
buildings, industrial, and utility sectors. Such program shall 
include a broad range of technological approaches, and shall 
include field demonstrations of sufficient scale and number to 
prove technical and economic viability to meet the goals stated 
in section 2001. Such program shall include the activities 
required under [sections 2102, 2103, 2104, 2105, 2106, 2107, 
and 2108] sections 2102, 2104, 2105, 2106, and 2108 of this Act 
and sections 376 of the Energy Policy and Conservation Act and 
ongoing activities of a similar nature at the Department of 
Energy. Such program shall also include the activities 
conducted pursuant to the Steel and Aluminum Energy 
Conservation and Technology Competitiveness Act of 1988 (Public 
Law 100-680) and the Department of Energy Metal Casting 
Competitiveness Research Act of 1990 (Public Law 101-425).

           *       *       *       *       *       *       *


[SEC. 2103. PULP AND PAPER.

      [(a) Program Direction.--The Secretary shall conduct a 5-
year program, in accordance with sections 3001 and 3002 of this 
Act, on advanced pulp and paper technologies. Such program 
shall include activities on energy generation technologies, 
boilers, combustion processes, pulping processes (excluding de-
inking), chemical recovery, causticizing, source reduction 
processes, and other related technologies that can improve the 
energy efficiency of, and reduce the adverse environmental 
impacts of, pulp and papermaking operations. This section does 
not authorize projects involving the combustion of waste paper, 
other than gasification.
      [(b) Proposals.--Within 180 days after the date of 
enactment of this Act, the Secretary shall solicit proposals 
for conducting activities under this section.]

           *       *       *       *       *       *       *


[SEC. 2107. IMPROVING EFFICIENCY IN ENERGY-INTENSIVE INDUSTRIES.

      [(a) Secretarial Action.--The Secretary, in accordance 
with sections 3001 and 3002 of this Act, shall--
          [(1) pursue a research, development, demonstration 
        and commercial application program intended to improve 
        energy efficiency and productivity in energy-intensive 
        industries and industrial processes; and
          [(2) undertake joint ventures to encourage the 
        commercialization of technologies developed under 
        paragraph (1).
      [(b) Joint Ventures.--(1) The Secretary shall--
          [(A) conduct a competitive solicitation for proposals 
        from private firms and investors for such joint 
        ventures under subsection (a)(2); and
          [(B) provide financial assistance to at least five 
        such joint ventures.
    [(2) The purpose of the joint ventures shall be to design, 
test, and demonstrate changes to industrial processes that will 
result in improved energy efficiency and productivity. The 
joint ventures may also demonstrate other improvements of 
benefit to such industries so long as demonstration of energy 
efficiency improvements is the principal objective of the joint 
venture.
    [(3) In evaluating proposals for financial assistance and 
joint ventures under this section, the Secretary shall consider
          [(A) whether the activities conducted under this 
        section improve the quality and energy efficiency of 
        industries or industrial processes;
          [(B) the regional distribution of the energy-
        intensive industries and industrial processes; and
          [(C) whether the proposed joint venture project would 
        be located in the region which has the energy-intensive 
        industry and industrial processes that would benefit 
        from the project.]

           *       *       *       *       *       *       *


                NATIONAL ENERGY CONSERVATION POLICY ACT

Public Law 95-619, as amended

           *       *       *       *       *       *       *



                      TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.

           *       *       *       *       *       *       *


    (b) Table of Contents.--
     * * * * * * *

TITLE V--FEDERAL ENERGY INITIATIVES

     * * * * * * *

Part 3--Federal Energy Management

Sec. 541. Findings.
Sec. 542. Purpose.
[Sec. 543. Energy management requirements.]
Sec. 543. Energy and water management requirements.
Sec. 544. Establishment and use of life cycle cost methods and 
          procedures.
Sec. 545. Budget treatment of energy conservation measures.
Sec. 546. Incentives for agencies.
Sec. 547. Interagency Energy Management Task Force.
Sec. 548. Reports.
Sec. 549. Demonstration of new technology.
Sec. 550. Survey of energy saving potential.
Sec. 551. Definitions.
Sec. 552. Energy and water savings measures in congressional buildings.
Sec. 553. Federal procurement of energy efficient products.
     * * * * * * *

TITLE V--FEDERAL ENERGY INITIATIVES

           *       *       *       *       *       *       *


PART 3--FEDERAL ENERGY MANAGEMENT

           *       *       *       *       *       *       *


SEC. 543. ENERGY AND WATER MANAGEMENT REQUIREMENTS.

    [(a) Energy Performance Requirement for Federal 
Buildings.--(1) Subject to paragraph (2), 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 industrial or laboratory facility) so 
that the energy consumption per gross square foot of the 
Federal buildings of the agency in fiscal years 2006 through 
2015 is reduced, as compared with the energy consumption per 
gross square foot of the Federal buildings of the agency in 
fiscal year 2003, by the percentage specified in the following 
table:

------------------------------------------------------------------------
                                                            Percentage
                      [Fiscal Year                           Reduction
------------------------------------------------------------------------
[2006...................................................               2
[2007...................................................               4
[2008...................................................               9
[2009...................................................              12
[2010...................................................              15
[2011...................................................              18
[2012...................................................              21
[2013...................................................              24
[2014...................................................              27
[2015...................................................              30
------------------------------------------------------------------------

    [(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.
    [(3) Not later than December 31, 2014, the Secretary shall 
review the results of the implementation of the energy 
performance requirement established under paragraph (1) and 
submit to Congress recommendations concerning energy 
performance requirements for fiscal years 2016 through 2025.]
    (a) Energy and Water Performance Requirements 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 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 consumption per gross square 
        foot of the Federal buildings of the agency in fiscal 
        year 2018, by the percentage specified in the following 
        table:

------------------------------------------------------------------------
                                                             Percentage
                      ``Fiscal Year                          Reduction
------------------------------------------------------------------------
2020.....................................................            2.5
2021.....................................................            5
2022.....................................................            7.5
2023.....................................................           10
2024.....................................................           12.5
2025.....................................................           15
2026.....................................................           17.5
2027.....................................................           20
------------------------------------------------------------------------

          (2) Water requirements.--Subject to paragraph (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 intensity--
                  (A) by 54 percent by fiscal year 2030, 
                relative to the water consumption of the agency 
                in fiscal year 2007, through reductions of 2 
                percent each fiscal year (as measured in 
                gallons per gross square foot);
                  (B) by reducing the industrial, landscaping, 
                and agricultural water consumption of the 
                agency, as compared to a baseline of that 
                consumption by the agency in fiscal year 2010, 
                through reductions of 2 percent each fiscal 
                year (as measured in gallons); and
                  (C) by installing appropriate infrastructure 
                features on federally owned property to improve 
                stormwater and wastewater management.
          (3) Energy and water intensive building exclusion.--
                  (A) In general.--An agency may exclude 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 intensive 
                activities are carried out.
                  (B) Reports.--Each agency shall identify 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 December 31, 
        2026, the Secretary shall--
                  (A) review the results of the implementation 
                of the energy and water performance 
                requirements 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.
    (b) Energy and Water Management Requirement for Federal 
Agencies.--[(1) Not later than January 1, 2005, each agency 
shall, to the maximum extent practicable, install in Federal 
buildings owned by the United States all energy and water 
conservation measures with payback periods of less than 10 
years, as determined by using the methods and procedures 
developed pursuant to section 544.]
          (1) In general.--Each agency shall--
                  (A) not later than October 1, 2019, to the 
                maximum extent practicable, begin installing in 
                Federal buildings owned by the United States 
                all energy and water conservation measures 
                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 developed by 
                the Secretary, an explanation of the reasons 
                for the failure.
                  (B) Report to congress.--Not later than 
                October 1, 2021, and every 2 years thereafter, 
                the Secretary shall submit to Congress a report 
                that describes any noncompliance by an agency 
                with the requirements of paragraph (1).
          [(2)] (3) The Secretary may waive the requirements of 
        this subsection for any agency for such periods as the 
        Secretary may determine if the Secretary finds that the 
        agency is taking all practicable steps to meet the 
        requirements and that the requirements of this 
        subsection will pose an unacceptable burden upon the 
        agency. If the Secretary waives the requirements of 
        this subsection, the Secretary shall, as part of the 
        report required under section 548(b), notify the 
        Congress in writing with an explanation and a 
        justification of the reasons for such waiver.
          [(3)] (4) This subsection shall not apply to an 
        agency's facilities that generate or transmit electric 
        energy or to the uranium enrichment facilities operated 
        by the Department of Energy.
          [(4)] (5) An agency may participate in the 
        Environmental Protection Agency's ``Green Lights''' 
        program for purposes of receiving technical assistance 
        in complying with the requirements of this section.
    (c) Exclusions.--(1)(A) [An agency] The head of each agency 
may exclude, from the energy or water performance requirement 
for a fiscal year established under subsection (a) and the 
energy or water management requirement established under 
subsection (b), any Federal building or collection of Federal 
buildings, if the head of the agency finds that--
          (i) compliance with those requirements would be 
        impracticable;
          (ii) the agency has completed and submitted all 
        federally required energy management reports;
          (iii) the agency has achieved compliance with the 
        energy efficiency requirements of this Act, the Energy 
        Policy Act of 1992, Executive orders, and other Federal 
        law; and
          (iv) the agency has implemented all practicable, life 
        cycle cost-effective projects with respect to the 
        Federal building or collection of Federal buildings to 
        be excluded.
    (B) A finding of impracticability under subparagraph (A)(i) 
shall be based on--
          (i) the energy or water intensiveness of activities 
        carried out in the Federal building or collection of 
        Federal buildings; or
          (ii) the fact that the Federal building or collection 
        of Federal buildings is used in the performance of a 
        national security function.
    (2) Each agency shall identify and list, in each report 
made under section 548(a), the Federal buildings designated by 
it for such exclusion. The Secretary shall review such findings 
for consistency with the standards for exclusion set forth in 
paragraph (1), and may within 90 days after receipt of the 
findings, reverse the exclusion. In the case of any such 
reversal, the agency shall comply with the requirements of 
subsections (a) and (b)(1) for the building concerned.
    (3) Not later than 180 days after the date of enactment of 
this paragraph, the Secretary shall issue guidelines that 
establish criteria for exclusions under paragraph (1).
    (d) Implementation Steps.--The Secretary shall consult with 
the Secretary of Defense and the Administrator of General 
Services in developing guidelines for the implementation of 
this part. To meet the requirements of this section, each 
agency shall--
          (1) prepare and submit to the Secretary, not later 
        than December 31, 1993, a plan describing how the 
        agency intends to meet such requirements, including how 
        it will--
                  (A) designate personnel primarily responsible 
                for achieving such requirements;
                  (B) identify high priority projects through 
                calculation of payback periods;
                  (C) take maximum advantage of contracts 
                authorized under title VIII of this Act, of 
                financial incentives and other services 
                provided by utilities for efficiency 
                investment, and of other forms of financing to 
                reduce the direct costs to the Government; and
                  (D) otherwise implement this part;
          (2) perform energy and water surveys of its Federal 
        buildings to the extent necessary and update such 
        surveys as needed, incorporating any relevant 
        information obtained from the survey conducted pursuant 
        to section 550;
          (3) using such surveys, determine the cost and 
        payback period of energy and water conservation 
        measures likely to achieve the requirements of this 
        section;
          (4) install energy and water conservation measures 
        that will achieve the requirements of this section 
        through the methods and procedures established pursuant 
        to section 544; and
          (5) ensure that the operation and maintenance 
        procedures applied under this section are continued.
    (e) Metering of Energy and Water Use.--
          (1) Deadline.--By [October 1, 2012] October 1, 2020, 
        in accordance with guidelines established by the 
        Secretary under paragraph (2), all Federal buildings 
        shall, for the purposes of efficient use of energy and 
        water and reduction in the cost of electricity and 
        water used in such buildings, be metered. Each agency 
        shall use, to the maximum extent practicable, advanced 
        meters or advanced metering devices that provide data 
        at least daily and that measure at least hourly 
        consumption of electricity and water in the Federal 
        buildings of the agency. Not later than October 1, 
        2016, each agency shall provide for equivalent metering 
        of natural gas and steam, in accordance with guidelines 
        established by the Secretary under paragraph (2). Such 
        data shall be incorporated into existing Federal energy 
        and water tracking systems and made available to 
        Federal facility managers.
          (2) Guidelines.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, 
                the Secretary, in consultation with the 
                Department of Defense, the General Services 
                Administration, representatives from the 
                metering industry, utility industry, energy 
                services industry, energy efficiency industry, 
                energy efficiency advocacy organizations, 
                national laboratories, universities, [and] 
                Federal facility managers, and any other person 
                the Secretary deems necessary, shall establish 
                guidelines for agencies to carry out paragraph 
                (1).
                  (B) Requirements for guidelines.--The 
                guidelines shall--
                          (i) take into consideration--
                                  (I) the cost of metering and 
                                the reduced cost of operation 
                                and maintenance expected to 
                                result from metering;
                                  (II) the extent to which 
                                metering is expected to result 
                                in increased potential for 
                                energy and water management, 
                                increased potential for energy 
                                and water savings and energy 
                                and water efficiency 
                                improvement, and cost and 
                                energy and water savings due to 
                                utility contract aggregation; 
                                and
                                  (III) the measurement and 
                                verification protocols of the 
                                Department of Energy;
                          (ii) include recommendations 
                        concerning the amount of funds and the 
                        number of trained personnel necessary 
                        to gather and use the metering 
                        information to track and reduce energy 
                        and water use;
                          (iii) establish priorities for types 
                        and locations of buildings to be 
                        metered based on cost-effectiveness and 
                        a schedule of one or more dates, not 
                        later than 1 year after the date of 
                        issuance of the guidelines, on which 
                        the requirements specified in paragraph 
                        (1) shall take effect; and
                          (iv) establish exclusions from the 
                        requirements specified in paragraph (1) 
                        based on the de minimis quantity of 
                        energy and water use of a Federal 
                        building, industrial process, or 
                        structure.
                 (C) Update.--Not later than 180 days after the 
                date of enactment of this subparagraph, the 
                Secretary shall update the guidelines 
                established under subparagraph (A) to take into 
                account water efficiency requirements under 
                this section.
          (3) Plan.--Not later than 180 days after the date on 
        which guidelines are [established under paragraph (2)] 
        updated under paragraph (2)(C), in a report submitted 
        by the agency under section 548(a), each agency shall 
        submit to the Secretary a plan describing the manner in 
        which the agency will implement the requirements of 
        paragraph (1), including--
                  (A) how the agency will designate personnel 
                primarily responsible for achieving the 
                requirements; and
                  (B) a demonstration by the agency, complete 
                with documentation, of any finding that 
                advanced meters or advanced metering devices 
                (as those terms are used in paragraph (1)), are 
                not practicable.
          (4) Best Practices Report.--
                  (A) In general.--Not later than 180 days 
                after the date of enactment of [this paragraph] 
                the Energy Savings and Industrial 
                Competitiveness Act of 2019, the Secretary of 
                Energy, in consultation with the Secretary of 
                Defense and the Administrator of General 
                Services, shall develop, and issue a report on, 
                best practices for the use of advanced metering 
                of energy and water use in Federal facilities, 
                buildings, and equipment by Federal agencies.
                  (B) Components.--The report shall include, at 
                a minimum--
                          (i) summaries and analysis of the 
                        reports by agencies under paragraph 
                        (3);
                          (ii) recommendations on standard 
                        requirements or guidelines for 
                        automated energy and water management 
                        systems, including--
                                  (I) potential common 
                                communications standards to 
                                allow data sharing and 
                                reporting;
                                  (II) means of facilitating 
                                continuous commissioning of 
                                buildings and evidence-based 
                                maintenance of buildings and 
                                building systems; and
                                  (III) standards for 
                                sufficient levels of security 
                                and protection against cyber 
                                threats to ensure systems 
                                cannot be controlled by 
                                unauthorized persons; and
                          (iii) an analysis of--
                                  (I) the types of advanced 
                                metering and monitoring systems 
                                being piloted, tested, or 
                                installed in Federal buildings; 
                                and
                                  (II) existing techniques used 
                                within the private sector or 
                                other non-Federal government 
                                buildings.
    (f) Use of Energy and Water Efficiency Measures in Federal 
Buildings.--
          (1) Definitions.--In this subsection:
                  (A) Commissioning.--The term 
                ``commissioning'', with respect to a facility, 
                means a systematic process--
                          (i) of ensuring, using appropriate 
                        verification and documentation, during 
                        the period beginning on the initial day 
                        of the design phase of the facility and 
                        ending not earlier than 1 year after 
                        the date of completion of construction 
                        of the facility, that all facility 
                        systems perform interactively in 
                        accordance with--
                                  (I) the design documentation 
                                and intent of the facility; and
                                  (II) the operational needs of 
                                the owner of the facility, 
                                including preparation of 
                                operation personnel; and
                          (ii) the primary goal of which is to 
                        ensure fully functional systems that 
                        can be properly operated and maintained 
                        during the useful life of the facility.
                  (B) Energy Manager.--
                          (i) In general.--The term ``energy 
                        manager'', with respect to a facility, 
                        means the individual who is responsible 
                        for--
                                  (I) ensuring compliance with 
                                this subsection by the 
                                facility; and
                                  (II) reducing energy use at 
                                the facility.
                          (ii) Inclusions.--The term ``energy 
                        manager'' may include--
                                  (I) a contractor of a 
                                facility;
                                  (II) a part-time employee of 
                                a facility; and
                                  (III) an individual who is 
                                responsible for multiple 
                                facilities.
                  (C) Facility.--
                          (i) In general.--The term 
                        ``facility'' means any building, 
                        installation, structure, or other 
                        property (including any applicable 
                        fixtures) owned or operated by, or 
                        constructed or manufactured and leased 
                        to, the Federal Government.
                          (ii) Inclusions.--The term 
                        ``facility'' includes--
                                  (I) a group of facilities at 
                                a single location or multiple 
                                locations managed as an 
                                integrated operation; and
                                  (II) contractor-operated 
                                facilities owned by the Federal 
                                Government.
                          (iii) Exclusions.--The term 
                        ``facility'' does not include any land 
                        or site for which the cost of utilities 
                        is not paid by the Federal Government.
                  (D) Life cycle cost-effective.--The term 
                ``life cycle cost-effective'', with respect to 
                a measure, means a measure, the estimated 
                savings of which exceed the estimated costs 
                over the lifespan of the measure, as determined 
                in accordance with section 544.
                  (E) Ongoing commissioning.--The term `ongoing 
                commissioning' means an ongoing 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.
                  [(E)] (F) Payback Period.--
                          (i) In general.--Subject to clause 
                        (ii), the term ``payback period'', with 
                        respect to a measure, means a value 
                        equal to the quotient obtained by 
                        dividing--
                                  (I) the estimated initial 
                                implementation cost of the 
                                measure (other than financing 
                                costs); by
                                  (II) the annual cost savings 
                                resulting from the measure, 
                                including--
                                          (aa) net savings in 
                                        estimated energy and 
                                        water costs; and
                                          (bb) operations, 
                                        maintenance, repair, 
                                        replacement, and other 
                                        direct costs.
                          (ii) Modifications and exceptions.--
                        The Secretary, in guidelines issued 
                        pursuant to paragraph (6), may make 
                        such modifications and provide such 
                        exceptions to the calculation of the 
                        payback period of a measure as the 
                        Secretary determines to be appropriate 
                        to achieve the purposes of this Act.
                  [(F)] (G) Recommissioning.--The term 
                ``recommissioning'' means a process--
                          (i) of commissioning a facility or 
                        system beyond the project development 
                        and warranty phases of the facility or 
                        system; and
                          (ii) the primary goal of which is to 
                        ensure optimum performance of a 
                        facility, in accordance with design or 
                        current operating needs, over the 
                        useful life of the facility, while 
                        meeting building occupancy 
                        requirements.
                  [(G)] (H) Retrocommissioning.--The term 
                ``retrocommissioning'' means a process of 
                commissioning a facility or system that was not 
                commissioned at the time of construction of the 
                facility or system.
          (2) Facility energy managers.--
                  (A) In general.--Each Federal agency shall 
                designate an energy manager responsible for 
                implementing this subsection and reducing 
                energy and water use at each facility that 
                meets criteria under subparagraph (B).
                  (B) Covered facilities.--The Secretary shall 
                develop criteria, after consultation with 
                affected agencies, [energy] efficiency 
                advocates, and energy and utility service 
                providers, that cover, at a minimum, Federal 
                facilities, including central utility plants 
                and distribution systems and other energy 
                intensive operations, that constitute at least 
                75 percent of facility energy or water use at 
                each agency.
                  (C) Energy Management System.--An energy 
                manager designated for a facility under 
                subparagraph (A) shall take into 
                consideration--
                          ``(i) the use of a system to manage 
                        energy and water use at the facility; 
                        and
                          ``(ii) the applicability of the 
                        certification of the facility in 
                        accordance with the International 
                        Organization for Standardization 
                        standard numbered 50001 and entitled 
                        `Energy Management Systems''.
          [(3) Energy and water evaluations.--
                  [(A) Evaluations.--Effective beginning on the 
                date that is 180 days after the date of 
                enactment of this subsection and annually 
                thereafter, energy managers shall complete, for 
                each calendar year, a comprehensive energy and 
                water evaluation for approximately 25 percent 
                of the facilities of each agency that meet the 
                criteria under paragraph (2)(B) in a manner 
                that ensures that an evaluation of each such 
                facility is completed at least once every 4 
                years.
                  [(B) Recommissioning and 
                retrocommissioning.--As part of the evaluation 
                under subparagraph (A), the energy manager 
                shall identify and assess recommissioning 
                measures (or, if the facility has never been 
                commissioned, retrocommissioning measures) for 
                each such facility.
          [(4) Implementation of identified energy and water 
        efficiency measures.--Not later than 2 years after the 
        completion of each evaluation under paragraph (3), each 
        energy manager may--
                  [(A) implement any energy- or water-saving 
                measure that the Federal agency identified in 
                the evaluation conducted under paragraph (3) 
                that is life cycle cost-effective; and
                  [(B) bundle individual measures of varying 
                paybacks together into combined projects.]
          (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 Competitiveness 
                Act of 2019, and annually thereafter, each 
                energy manager shall complete, for the 
                preceding calendar year, a comprehensive energy 
                and water evaluation and recommissioning or 
                retrocommissioning for approximately 25 percent 
                of the facilities of the applicable agency that 
                meet the criteria under paragraph (2)(B) in a 
                manner that ensures that an evaluation of each 
                facility is completed not less frequently than 
                once every 4 years.
                  (B) Exceptions.--An evaluation and 
                recommissioning or retrocommissioning shall not 
                be required under subparagraph (A) with respect 
                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, 
                        recommissioned, or retrocommissioned 
                        during 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 
                        evaluation and recommissioning or 
                        retrocommissioning;
                          (iv) has been benchmarked with public 
                        disclosure under paragraph (8) during 
                        the preceding calendar year; and
                          (v)(I) based on the benchmarking 
                        described in clause (iv), has achieved 
                        at a facility level the most recent 
                        cumulative energy 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 
                                                retrocommissioni
                                                ng; 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 manager shall--
                  (A) implement any energy- or water-saving 
                measure that the Federal agency identified in 
                the evaluation that is life cycle cost-
                effective; and
                  (B) bundle individual measures of varying 
                paybacks together into combined projects.
          (5) Follow-up on implemented measures.--For each 
        measure implemented under paragraph (4), each energy 
        manager shall ensure that--
                  (A) equipment, including building and 
                equipment controls, is fully commissioned at 
                acceptance to be operating at design 
                specifications;
                  (B) a plan for appropriate operations, 
                maintenance, and repair of the equipment is in 
                place at acceptance and is followed;
                  (C) equipment and system performance is 
                measured during its entire life to ensure 
                proper operations, maintenance, and repair; and
                  (D) energy and water savings are measured and 
                verified.
          (6) Guidelines.--
                  (A) In general.--The Secretary shall issue 
                guidelines and necessary criteria that each 
                Federal agency shall follow for implementation 
                of--
                          (i) paragraphs (2) and (3) not later 
                        than 180 days after the date of 
                        enactment of this subsection; and
                          (ii) paragraphs (4) and (5) not later 
                        than 1 year after the date of enactment 
                        of this subsection.
                  (B) Relationship to funding source.--The 
                guidelines issued by the Secretary under 
                subparagraph (A) shall be appropriate and 
                uniform for measures funded with each type of 
                funding made available under paragraph (10), 
                but may distinguish between different types of 
                measures project size, and other criteria the 
                Secretary determines are relevant.
          (7) Web-based certification.--
                  (A) In general.--For each facility that meets 
                the criteria established by the Secretary under 
                paragraph (2)(B), the energy manager shall use 
                the web-based tracking system under 
                subparagraph (B)--
                          (i) to certify compliance with the 
                        requirements for--
                                  (I) energy and water 
                                evaluations under paragraph 
                                (3);
                                  (II) implementation of 
                                identified energy and water 
                                measures under paragraph (4); 
                                and
                                  (III) follow-up on 
                                implemented measures under 
                                paragraph (5); and
                          (ii) to publish energy and water 
                        consumption data on an individual 
                        facility basis.
                  (B) Deployment.--
                          (i) In general.--Not later than 1 
                        year after the date of enactment of 
                        this subsection, the Secretary shall 
                        develop and deploy a web-based tracking 
                        system required under this paragraph in 
                        a manner that tracks, at a minimum--
                                  (I) the covered facilities;
                                  (II) the status of meeting 
                                the requirements specified in 
                                subparagraph (A);
                                  (III) the estimated cost and 
                                savings for measures required 
                                to be implemented in a 
                                facility;
                                  (IV) the measured savings and 
                                persistence of savings for 
                                implemented measures; and
                                  (V) the benchmarking 
                                information disclosed under 
                                paragraph (8)(C).
                          (ii) Ease of compliance.--The 
                        Secretary shall ensure that energy 
                        manager compliance with the 
                        requirements in this paragraph, to the 
                        maximum extent practicable--
                                  (I) can be accomplished with 
                                the use of streamlined 
                                procedures and templates that 
                                minimize the time demands on 
                                Federal employees; and
                                  (II) is coordinated with 
                                other applicable energy and 
                                water reporting requirements.
                  (C) Availability.--
                          (i) In general.--Subject to clause 
                        (ii), the Secretary shall make the web-
                        based tracking system required under 
                        this paragraph available to Congress, 
                        other Federal agencies, and the public 
                        through the Internet.
                          (ii) Exemptions.--At the request of a 
                        Federal agency, the Secretary may 
                        exempt specific data for specific 
                        facilities from disclosure under clause 
                        (i) for national security purposes.
          (8) Benchmarking of federal facilities.--
                  (A) In general.--The energy manager shall 
                enter energy use data for each metered building 
                that is (or is a part of) a facility that meets 
                the criteria established by the Secretary under 
                paragraph (2)(B) into a building energy use 
                benchmarking system, such as the Energy Star 
                Portfolio Manager.
                  (B) System and guidance.--Not later than 1 
                year after the date of enactment of this 
                subsection, the Secretary shall--
                          (i) select or develop the building 
                        energy use benchmarking system required 
                        under this paragraph for each type of 
                        building; and
                          (ii) issue guidance for use of the 
                        system.
                  (C) Public disclosure.--Each energy manager 
                shall post the information entered into, or 
                generated by, a benchmarking system under this 
                subsection, on the web-based tracking system 
                under paragraph (7)(B). The energy manager 
                shall update such information each year, and 
                shall include in such reporting previous 
                years'' information to allow changes in 
                building performance to be tracked over time.
          (9) Federal agency scorecards.--
                  (A) In general.--The Director of the Office 
                of Management and Budget shall issue semiannual 
                scorecards for energy and water management 
                activities carried out by each Federal agency 
                that includes--
                          (i) summaries of the status of 
                        implementing the various requirements 
                        of the agency and its energy managers 
                        under this subsection; and
                          (ii) any other means of measuring 
                        performance that the Director considers 
                        appropriate.
                  (B) Availability.--The Director shall make 
                the scorecards required under this paragraph 
                available to Congress, other Federal agencies, 
                and the public through the Internet.
          (10) Funding and implementation.--
                  (A) Authorization of appropriations.--There 
                are authorized to be appropriated such sums as 
                are necessary to carry out this subsection.
                  (B) Funding options.--
                          (i) In general.--To carry out this 
                        subsection, a Federal agency may use 
                        any combination of--
                                  (I) appropriated funds made 
                                available under subparagraph 
                                (A); and
                                  (II) private financing 
                                otherwise authorized under 
                                Federal law, including 
                                financing available through 
                                energy savings performance 
                                contracts or utility energy 
                                service contracts.
                          (ii) Combined funding for same 
                        measure.--A Federal agency may use any 
                        combination of appropriated funds and 
                        private financing described in clause 
                        (i) to carry out the same measure under 
                        this subsection.
                  (C) Implementation.--Each Federal agency may 
                implement the requirements under this 
                subsection itself or may contract out 
                performance of some or all of the requirements.
          (11) Rule of construction.--This subsection shall not 
        be construed to require or to obviate any contractor 
        savings guarantees.

           *       *       *       *       *       *       *

    (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 Management and 
                Budget.
                  (B) Information technology.--The term 
                `information technology' has the meaning given 
                that term in section 11101 of title 40, United 
                States Code.
          (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 Protection Agency to develop an 
        implementation strategy (including best-practices and 
        measurement and verification techniques) for the 
        maintenance, purchase, and use by the Federal agency of 
        energy-efficient 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 implementation 
        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 
                infrastructure utilization;
                  (C) advanced power management tools;
                  (D) building information modeling, including 
                building energy management;
                  (E) secure telework and travel substitution 
                tools; and
                  (F) mechanisms to ensure that the agency 
                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 improving the maintenance, purchase, and use 
                of energy-efficient and energy-saving 
                information technology at or for facilities 
                owned and operated by the Federal agencies.
                  (B) Best practices.--The Chief Information 
                Officers Council established under section 3603 
                of title 44, United States Code, shall 
                recommend best practices for the attainment of 
                the performance goals established under 
                subparagraph (A), which shall include, to the 
                extent applicable by law, consideration by a 
                Federal agency of the use of--
                          (i) energy savings performance 
                        contracting; and
                          (ii) utility energy services 
                        contracting.
          (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 reports 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 efforts and 
                results of Federal agencies under this 
                subsection.
                  (C) Use of existing reporting structures.--
                The Director may require Federal agencies to 
                submit any information required to be submitted 
                under this subsection though reporting 
                structures in use as of the date of enactment 
                of the Energy Savings and Industrial 
                Competitiveness Act of 2019.
    (i) Federal Energy Management Program.--
          (1) In general.--The Secretary shall establish a 
        program, to be known as the `Federal Energy Management 
        Program' (referred to in this subsection as the 
        `Program'), to facilitate the implementation by the 
        Federal Government of cost-effective energy and water 
        management and energy-related investment practices--
                  (A) to coordinate and strengthen Federal 
                energy and water resilience; and
                  (B) to promote environmental stewardship.
          (2) Program activities.--
                  (A) Strategic planning and technical 
                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 
                        guidance to Federal agencies to 
                        identify, implement, procure, and track 
                        energy and water conservation measures 
                        required under this Act and under other 
                        provisions of law (including 
                        regulations);
                          (ii) in coordination with the 
                        Administrator of the General Services 
                        Administration, establish appropriate 
                        procedures, methods, and best practices 
                        for use by Federal agencies to select, 
                        monitor, and terminate contracts 
                        entered into under section 546 with 
                        utilities;
                          (iii) in coordination with the 
                        Federal Acquisition Regulatory Council, 
                        establish appropriate procedures, 
                        methods, and best practices for use by 
                        Federal agencies to select, monitor, 
                        and terminate contracts entered 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 
                        investment practices, environmental 
                        stewardship, and other relevant areas, 
                        through events such as individual 
                        recognition award ceremonies and public 
                        announcements.
                  (B) Energy and water management and 
                reporting.--Under the Program, the Federal 
                Director shall--
                          (i) track and report on the progress 
                        of Federal agencies in meeting the 
                        requirements 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 
                        facilitate 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 (including 
                        regulations);
                          (iv)(I) establish new Federal 
                        building energy efficiency standards; 
                        and
                          (II) in consultation with the 
                        Administrator of the General Services 
                        Administration, acting through the head 
                        of the Office of High-Performance Green 
                        Buildings, establish and implement 
                        Federal building sustainable design 
                        principles for Federal facilities;
                          (v) manage the implementation of 
                        Federal building energy efficiency 
                        standards established under section 305 
                        of the Energy Conservation and 
                        Production Act (42 U.S.C. 6834); and
                          (vi) designate products that meet the 
                        highest energy conservation standards 
                        for categories not covered under the 
                        Energy Star program 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--
                                  (I) relating to energy and 
                                water use, management, and 
                                resilience in Federal 
                                buildings, energy-related 
                                investment 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 
                        investment practices, and environmental 
                        stewardship through the Interagency 
                        Energy 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 coordination with--
                                  (I) the Office of Management 
                                and Budget;
                                  (II) the Council on 
                                Environmental Quality; and
                                  (III) any other entity, as 
                                considered necessary by the 
                                Federal Director.
                  (D) Facility and fleet optimization.--Under 
                the Program, the Federal Director shall develop 
                guidance, supply assistance to, and track the 
                progress of Federal agencies--
                          (i) in conducting portfolio-wide 
                        facility 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 
                        Administrator of the General Services 
                        Administration, 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 Director of 
                the Program, which shall be a career position 
                in the Senior Executive service, to manage 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 
                        investment practices, and environmental 
                        stewardship 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 
                                        Environmental Quality;
                                          (bb) the Office of 
                                        Management and Budget; 
                                        and
                                          (cc) the Office of 
                                        Federal High-
                                        Performance Green 
                                        Buildings in the 
                                        General Services 
                                        Administration.
          (4) Savings clause.--Nothing in this subsection 
        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 Secretary to carry 
        out this subsection $36,000,000 for each of fiscal 
        years 2020 through 2030.

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  FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND ENFORCEMENT ACT OF 1989

Public Law 101-73, as amended

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TITLE XI--REAL ESTATE APPRAISAL REFORM AMENDMENTS

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SEC. 1110. FUNCTIONS OF THE FEDERAL FINANCIAL INSTITUTIONS REGULATORY 
                    AGENCIES RELATING TO APPRAISAL STANDARDS.

    Each Federal financial institutions regulatory agency and 
the Resolution Trust Corporation shall prescribe appropriate 
standards for the performance of real estate appraisals in 
connection with federally related transactions under the 
jurisdiction of each such agency or instrumentality. These 
rules shall require, at a minimum--
          (1) that real estate appraisals be performed in 
        accordance with generally accepted appraisal standards 
        as evidenced by the appraisal standards promulgated by 
        the Appraisal Standards Board of the Appraisal 
        Foundation;
          (2) that such appraisals shall be written 
        appraisals[; and];
          (3) that such appraisals shall be subject to 
        appropriate review for compliance with the Uniform 
        Standards of Professional Appraisal Practice[.]; and
          (4) that State certified and licensed appraisers have 
        timely access, whenever practicable, to information 
        from the property owner and the lender that may be 
        relevant in developing an opinion of value regarding 
        the energy- and water-saving improvements or features 
        of a property, such as--
                  (A) labels or ratings of buildings;
                  (B) installed appliances, measures, systems 
                or technologies;
                  (C) blueprints;
                  (D) construction costs;
                  (E) financial or other incentives regarding 
                energy- and water-efficient components and 
                systems installed in a property;
                  (F) utility bills;
                  (G) energy consumption and benchmarking data; 
                and
                  (H) third-party verifications or 
                representations of energy and water efficiency 
                performance of a property, observing all 
                financial privacy requirements adhered to by 
                certified and licensed appraisers, including 
                section 501 of the Gramm-Leach-Bliley Act (15 
                U.S.C. 6801).
        Unless a property owner consents to a lender, an 
        appraiser, in carrying out the requirements of 
        paragraph (4), shall not have access to the commercial 
        or financial information of the owner that is 
        privileged or confidential.
    Each such agency or instrumentality may require compliance 
with additional standards if it makes a determination in 
writing that such additional standards are required in order to 
properly carry out its statutory responsibilities.

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SEC. 1113. TRANSACTIONS REQUIRING THE SERVICES OF A STATE CERTIFIED 
                    APPRAISER.

    In determining whether an appraisal in connection with a 
federally related transaction shall be performed by a State 
certified appraiser, an agency or instrumentality under this 
title shall consider whether transactions, either individually 
or collectively, are of sufficient financial or public policy 
importance to the United States that an individual who performs 
an appraisal in connection with such transactions should be a 
State certified appraiser, except that--
          (1) a State certified appraiser shall be required for 
        all federally related transactions having a value of 
        $1,000,000 or more, or any real property on which the 
        appraiser makes adjustments using an energy efficiency 
        report; and
          (2) 1-to-4 unit, single family residential appraisals 
        may be performed by State licensed appraisers unless 
        the size and complexity requires a State certified 
        appraiser, where a complex 1-to-4 unit single family 
        residential appraisal means an appraisal for which the 
        property to be appraised, the form of ownership, the 
        property characteristics, or the market conditions are 
        atypical, or an appraisal on which the appraiser makes 
        adjustments using an energy efficiency report.

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