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                                                       Calendar No. 265
116th Congress  }                                            {   Report
                                 SENATE
 1st Session    }                                            {  116-145

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



 
               ENERGY EFFICIENT GOVERNMENT TECHNOLOGY 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 H.R. 1420]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill H.R. 1420, to amend the Energy Independence 
and Security Act of 2007 to promote energy efficiency via 
information and computing technologies, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment, and recommends that the bill do pass.

                                Purpose

    The purpose of H.R. 1420 is to amend the Energy 
Independence and Security Act of 2007 (EISA, Public Law 110-
140) to promote energy efficiency through information and 
computing technologies.

                          Background and Need

    According to the Department of Energy (DOE), with more than 
350,000 buildings and 600,000 fleet vehicles, the Federal 
Government is our nation's largest energy consumer. By ensuring 
accountability at the Office of Management and Budget (OMB) 
level, H.R. 1420 aims for all Federal agencies to take concrete 
steps to reduce energy consumption of Federal data centers.
    According to the Lawrence Berkeley National Laboratory 
Center of Expertise for Energy Efficiency in Data Centers, 
Federal data centers alone consume more than six billion 
kilowatt hours of energy each year, and the total cost to 
supply that energy surpasses $600 million per year. The surging 
demand for data storage has led to data centers making up two 
percent of U.S. electricity consumption.
    Implementing efficiency plans for Federal data centers can 
lead to hundreds of millions in savings for U.S. taxpayers. 
This legislation requires the Federal Government to develop a 
metric for data center energy efficiency in order to develop 
plans to reduce energy consumption in data centers. It also 
requires the Secretary of Energy (Secretary) and the Director 
of OMB (Director) to maintain a data center energy practitioner 
program and an open data initiative for Federal data center 
energy usage.

                          Legislative History

    H.R. 1420 was introduced in the House of Representatives by 
Representatives Anna Eshoo (D-CA), Adam Kinzinger (R-IL), Peter 
Welch (D-VT), and Paul Tonko (D-NY) on February 28, 2019. 
Representatives David McKinley (R-WV) and Brian Fitzpatrick (R-
PA) were later added as cosponsors.
    In the 115th Congress, similar language was included in S. 
1460, the Energy and Natural Resources Act of 2017. S. 1460 was 
introduced by Senators Murkowski and Cantwell on June 28, 2017, 
and placed directly on the Legislative Calendar (Cal. 162).
    In the 114th Congress, Rep. Eshoo introduced a similar 
measure, H.R. 1268, which passed the House on March 14, 2016, 
and was referred to the Committee. A similar bill, S. 1706, was 
introduced in the Senate by Senators Risch and Heinrich on July 
7, 2015. The text of S. 1706 was included in S. 2012, the 
Energy Policy Modernization Act of 2016. An original bill, S. 
2012 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, by a vote of 85-12.
    In the 113th Congress, Rep. Eshoo introduced a similar 
measure, H.R. 540, on February 6, 2013. Senators Mark Udall 
introduced a similar bill, S. 1261, on June 27, 2013, which 
Senators Risch and Heinrich cosponsored.
    The Senate Committee on Energy and Natural Resources met in 
open business session on September 25, 2019, and ordered H.R. 
1420 favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 25, 2019, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
H.R. 1420. Senator Lee asked to be recorded as voting no.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides a short title.

Section 2. Energy-efficient and energy-saving information technologies

    Section 2(a) amends subtitle C of title V of EISA by adding 
a new section 530, titled ``Energy-Efficient and Energy-Saving 
Information Technologies.''
    The new section 530 is entitled ``Energy-efficient and 
energy-saving information technologies.
    The new section 530(a) provides key definitions.
    The new section 530(b) directs each Federal agency to 
coordinate with the Director, the Secretary, and the 
Administrator of the Environmental Protection Agency 
(Administrator) to develop an implementation strategy for the 
maintenance, purchase, and use of energy-efficient and energy-
saving information technologies within one year of enactment.
    The new section 530(c) outlines areas each Federal agency 
must consider in developing an implementation strategy, 
including advanced metering infrastructure; advanced power 
management tools; and building information modeling.
    The new section 530(d) requires the Director to establish 
performance goals for evaluating the efforts of Federal 
agencies in improving the maintenance, purchase and use of 
energy-efficient and energy-savings information technology. It 
also requires the Chief Information Officers Council to 
recommend best practices to achieve the performance goals.
    The new section 530(e) requires each Federal agency to 
include a description of the efforts and results in the report 
required under section 527. It also requires the Director to 
include a description of the efforts and results of Federal 
agencies in the annual report and scorecard required under 
section 528.
    Subsection (b) provides for a conforming amendment to 
EISA's table of contents.

Section 3. Energy efficient data centers

    Section 3 amends section 453 of EISA to update the 
Voluntary National Information Program.
    The revised subsection (c) directs the Secretary and the 
Administrator to carry out section 453(b) in collaboration with 
information technology industry and other key stakeholders, 
with particular attention to be given to organizations: (1) 
with expertise in energy efficiency; (2) that obtain input from 
National Laboratories, institutions of higher education, and 
other relevant groups; (3) that follow commonly accepted 
procedures for specification development and accredited 
standards development processes; and (4) have a mission to 
promote energy efficiency for data centers and information 
technology.
    The revised subsection (d) requires the Secretary and the 
Administrator to assess the adequacy of specifications and 
measurements described in subsection (b) for use by the Federal 
Energy Management Program, the Energy Star Program, and other 
efficiency programs within DOE or the Environmental Protection 
Agency.
    The revised subsection (e) directs the Secretary and the 
Administrator, within four years of enactment, to complete and 
make publically available an update to the June 2016 Lawrence 
Berkeley National Laboratory report entitled ``United States 
Data Center Energy Usage Report.''
    The revised subsection (f) requires the Secretary to 
collaborate with key stakeholders and the Director to maintain 
a data center energy practitioner program.
    The revised subsection (g) directs the Secretary to 
collaborate with key stakeholders and the Director to establish 
an open data initiative relating to energy usage at Federally 
owned and operated data centers.
    The new subsection (h) requires the Secretary to 
collaborate with key stakeholders to actively participate in 
efforts to harmonize global specifications and metrics for data 
center energy and water efficiency.
    The new subsection (i) requires the Secretary to 
collaborate with key stakeholders to develop an efficiency 
metric that measures the energy efficiency of a data center.
    The new subsection (j) prohibits the Secretary and the 
Administrator from disclosing any proprietary information or 
trade secrets provided by any individual company for the 
purposes of carrying out this section.

Section 4. Determination of budgetary effects

    Section 4 provides for complying with the Statutory Pay-As-
You-Go Act of 2010.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1420 would require federal agencies, in consultation 
with the Office of Management and Budget, the Department of 
Energy (DOE), and the Environmental Protection Agency, to 
implement strategies to acquire, use, and maintain information 
technologies expected to increase energy efficiency. The act 
also would direct agencies to pursue activities to enhance the 
energy efficiency of data centers and would specify 
administrative and reporting requirements.
    Using information from DOE and other agencies, CBO 
estimates that implementing H.R. 1420 would not significantly 
affect the federal budget. The act's requirements are largely 
consistent with existing policy and are unlikely to result in 
significant changes in overall federal spending related to 
energy-efficient technologies. CBO estimates that any increased 
costs associated with reporting and administrative requirements 
under H.R. 1420, which would be subject to the availability of 
appropriated funds, would not be significant in any year and 
over the 2020-2024 period.
    H.R. 1420 could affect direct spending if agencies procure 
energy-efficient technologies using long-term contracts known 
as energy savings performance contracts (ESPCs).\1\ However, 
because H.R. 1420 would not change those contracts' scope or 
the ability of agencies to enter into them, CBO estimates that 
any incremental increase in direct spending stemming from 
increased use of such contracts under the act would not be 
significant.
---------------------------------------------------------------------------
    \1\In CBO's judgment, agencies that enter into ESPCs make an 
obligation--a commitment of federal resources--on behalf of the 
government to cover the full cost of the equipment to be acquired, but 
without the necessary appropriations. Therefore, legislation 
authorizing ESPCs creates the authority to make such obligations, and 
in the absence of appropriations sufficient to cover the contractual 
costs, that authority is a form of mandatory rather than discretionary 
spending. See Congressional Budget Office, Using ESPCs to Finance 
Federal Investments in Energy-Efficient Equipment (February 2015), 
www.cbo.gov/publication/49869.
---------------------------------------------------------------------------
    The CBO staff contact for this estimate is Aaron Krupkin. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      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 H.R. 1420. The Act 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 H.R. 1420, as ordered reported.

                   Congressionally Directed Spending

    H.R. 1420, 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

    Executive views on H.R. 1420 were not requested by the 
Committee.

                        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 H.R. 1420, 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):

              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Public Law 110-40, as Amended

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


      TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

     * * * * * * *

            Subtitle C--Energy Efficiency in Federal Agencies

Sec. 521. Installation of photovoltaic system at Department of Energy 
          headquarters building.
Sec. 522. Prohibition on incandescent lamps by Coast Guard.
Sec. 523. Standard relating to solar hot water heaters.
Sec. 524. Federally-procured appliances with standby power.
Sec. 525. Federal procurement of energy efficient products.
Sec. 526. Procurement and acquisition of alternative fuels.
Sec. 527. Government efficiency status reports.
Sec. 528. OMB government efficiency reports and scorecards.
Sec. 529. Electricity sector demand response.
Sec. 530. Energy-efficient and energy-saving information technologies.
     * * * * * * *

TITLE IV--ENERGY SAVINGS IN BUILDINGS AND INDUSTRY

           *       *       *       *       *       *       *


Subtitle D--Industrial Energy Efficiency

           *       *       *       *       *       *       *


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.--The Secretary and the 
Administrator shall carry out subsection (b) in collaboration 
with information technology industry and other key 
stakeholders, with the goal of producing results that 
accurately reflect the most relevant and useful information. In 
such collaboration, the Secretary and the Administrator shall 
pay particular attention to organizations that--
          (1) have members with expertise in energy efficiency 
        and in the development, operation, and functionality of 
        data centers, information technology equipment, and 
        software, such as representatives of hardware 
        manufacturers, data center operators, and facility 
        managers;
          (2) 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;
          (3) follow--
                  (A) commonly accepted procedures for the 
                development of specifications; and
                  (B) accredited standards development 
                processes; and
          (4) 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.--The Secretary, in collaboration with the 
Administrator, shall, not later than 4 years after the date of 
enactment of the Energy Efficient Government Technology Act, 
make available to the public an update to the report of the 
Lawrence Berkeley National Laboratory entitled `United States 
Data Center Energy Usage Report' and dated June, 2016 (prepared 
as an update to the Report to Congress on Server and Data 
Center Energy Efficiency, published on August 2, 2007, under 
section 1 of Public Law 109-431 (120 Stat. 2920)), that 
includes--
          (1) a comparison and gap analysis of the estimates 
        and projections contained in the report with new data 
        regarding the period from 2015 through 2019;
          (2) an analysis considering the impact of information 
        technologies, including virtualization and cloud 
        computing, in the public and private sectors;
          (3) an evaluation of the impact of the combination of 
        cloud platforms, mobile devices, social media, and big 
        data on data center energy usage;
          (4) an evaluation of water usage in data centers and 
        recommendations for reductions in such water usage; and
          (5) updated projections and recommendations for best 
        practices through fiscal year 2025.
    (f) Data Center Energy Practitioner Program.--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 leads to the 
certification of energy practitioners qualified to evaluate the 
energy usage and efficiency opportunities in federally owned 
and operated data centers. Each Federal agency shall consider 
having the data centers of the agency evaluated every 4 years, 
in accordance with section 543(f) of the National Energy 
Conservation Policy Act, by energy practitioners certified 
pursuant to such program.
    (g) Open Data Initiative.--The Secretary, in collaboration 
with key stakeholders and 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 such data available and accessible in a 
manner that encourages further data center innovation, 
optimization, and consolidation. In establishing the 
initiative, the Secretary shall consider the use of 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.

           *       *       *       *       *       *       *


TITLE V--ENERGY SAVINGS IN GOVERNMENT AND PUBLIC INSTITUTIONS

           *       *       *       *       *       *       *


Subtitle C--Energy Efficiency in Federal Agencies

           *       *       *       *       *       *       *


SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.

    (a) Definitions.--In this section:
          (1) Director.--The term `Director' means the Director 
        of the Office of Management and Budget.
          (2) Information technology.--The term `information 
        technology' has the meaning given that term in section 
        11101 of title 40, United States Code.
    (b) Development of Implementation Strategy.--Not later than 
1 year after the date of enactment of this section, each 
Federal agency shall coordinate with the Director, the 
Secretary, and the Administrator of the Environmental 
Protection Agency to develop an implementation strategy (that 
includes 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 federally owned and operated 
facilities, taking into consideration the performance goals 
established under subsection (d).
    (c) Administration.--In developing an implementation 
strategy under subsection (b), each Federal agency shall 
consider--
          (1) advanced metering infrastructure;
          (2) energy-efficient data center strategies and 
        methods of increasing asset and infrastructure 
        utilization;
          (3) advanced power management tools;
          (4) building information modeling, including building 
        energy management;
          (5) secure telework and travel substitution tools; 
        and
          (6) mechanisms to ensure that the agency realizes the 
        energy cost savings brought about through increased 
        efficiency and utilization.
    (d) Performance Goals.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, 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 federally owned and operated 
        facilities.
          (2) 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, which shall 
        include Federal agency consideration of, to the extent 
        applicable by law, the use of--
                  (A) energy savings performance contracting; 
                and
                  (B) utility energy services contracting.
    (e) Reports.--
          (1) Agency reports.--Each Federal agency shall 
        include in the report of the agency under section 527 a 
        description of the efforts and results of the agency 
        under this section.
          (2) 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 a description of the efforts and results of 
        Federal agencies under this section.

           *       *       *       *       *       *       *


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