Energy Efficient Government Technology Act

II Calendar No. 265 116TH CONGRESS 1ST SESSION H. R. 1420 [Report No. 116–145] IN THE SENATE OF THE UNITED STATES SEPTEMBER 10, 2019 Received; read twice and referred to the Committee on Energy and Natural Resources OCTOBER 23, 2019 Reported by Ms. MURKOWSKI, without amendment AN ACT To amend the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Energy Efficient Gov- 4 ernment Technology Act’’. 5 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 2 •HR 1420 RS SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR- 1 MATION TECHNOLOGIES. 2 (a) IN GENERAL.—Subtitle C of title V of the Energy 3 Independence and Security Act of 2007 (Public Law 110– 4 140; 121 Stat. 1661) is amended by adding at the end 5 the following: 6 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR- 7 MATION TECHNOLOGIES. 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) DIRECTOR.—The term ‘Director’ means 10 the Director of the Office of Management and Budg- 11 et. 12 ‘‘(2) INFORMATION TECHNOLOGY.—The term 13 ‘information technology’ has the meaning given that 14 term in section 11101 of title 40, United States 15 Code. 16 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT- 17 EGY.—Not later than 1 year after the date of enactment 18 of this section, each Federal agency shall coordinate with 19 the Director, the Secretary, and the Administrator of the 20 Environmental Protection Agency to develop an implemen- 21 tation strategy (that includes best practices and measure- 22 ment and verification techniques) for the maintenance, 23 purchase, and use by the Federal agency of energy-effi- 24 cient and energy-saving information technologies at or for 25 federally owned and operated facilities, taking into consid- 26 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 3 •HR 1420 RS eration the performance goals established under sub- 1 section (d). 2 ‘‘(c) ADMINISTRATION.—In developing an implemen- 3 tation strategy under subsection (b), each Federal agency 4 shall consider— 5 ‘‘(1) advanced metering infrastructure; 6 ‘‘(2) energy-efficient data center strategies and 7 methods of increasing asset and infrastructure utili- 8 zation; 9 ‘‘(3) advanced power management tools; 10 ‘‘(4) building information modeling, including 11 building energy management; 12 ‘‘(5) secure telework and travel substitution 13 tools; and 14 ‘‘(6) mechanisms to ensure that the agency re- 15 alizes the energy cost savings brought about through 16 increased efficiency and utilization. 17 ‘‘(d) PERFORMANCE GOALS.— 18 ‘‘(1) IN GENERAL.—Not later than 180 days 19 after the date of enactment of this section, the Di- 20 rector, in consultation with the Secretary, shall es- 21 tablish performance goals for evaluating the efforts 22 of Federal agencies in improving the maintenance, 23 purchase, and use of energy-efficient and energy-sav- 24 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 4 •HR 1420 RS ing information technology at or for federally owned 1 and operated facilities. 2 ‘‘(2) BEST PRACTICES.—The Chief Information 3 Officers Council established under section 3603 of 4 title 44, United States Code, shall recommend best 5 practices for the attainment of the performance 6 goals, which shall include Federal agency consider- 7 ation of, to the extent applicable by law, the use 8 of— 9 ‘‘(A) energy savings performance con- 10 tracting; and 11 ‘‘(B) utility energy services contracting. 12 ‘‘(e) REPORTS.— 13 ‘‘(1) AGENCY REPORTS.—Each Federal agency 14 shall include in the report of the agency under sec- 15 tion 527 a description of the efforts and results of 16 the agency under this section. 17 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS 18 AND SCORECARDS.—Effective beginning not later 19 than October 1, 2019, the Director shall include in 20 the annual report and scorecard of the Director re- 21 quired under section 528 a description of the efforts 22 and results of Federal agencies under this section.’’. 23 (b) CONFORMING AMENDMENT.—The table of con- 24 tents for the Energy Independence and Security Act of 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 5 •HR 1420 RS 2007 is amended by adding after the item relating to sec- 1 tion 529 the following: 2 ‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. SEC. 3. ENERGY EFFICIENT DATA CENTERS. 3 Section 453 of the Energy Independence and Security 4 Act of 2007 (42 U.S.C. 17112) is amended— 5 (1) in subsection (b)— 6 (A) in paragraph (2)(D)(iv), by striking 7 ‘‘determined by the organization’’ and inserting 8 ‘‘proposed by the stakeholders’’; and 9 (B) by striking paragraph (3); and 10 (2) by striking subsections (c) through (g) and 11 inserting the following: 12 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 13 and the Administrator shall carry out subsection (b) in 14 collaboration with information technology industry and 15 other key stakeholders, with the goal of producing results 16 that accurately reflect the most relevant and useful infor- 17 mation. In such collaboration, the Secretary and the Ad- 18 ministrator shall pay particular attention to organizations 19 that— 20 ‘‘(1) have members with expertise in energy ef- 21 ficiency and in the development, operation, and 22 functionality of data centers, information technology 23 equipment, and software, such as representatives of 24 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 6 •HR 1420 RS hardware manufacturers, data center operators, and 1 facility managers; 2 ‘‘(2) obtain and address input from Department 3 of Energy National Laboratories or any college, uni- 4 versity, research institution, industry association, 5 company, or public interest group with applicable ex- 6 pertise; 7 ‘‘(3) follow— 8 ‘‘(A) commonly accepted procedures for 9 the development of specifications; and 10 ‘‘(B) accredited standards development 11 processes; and 12 ‘‘(4) have a mission to promote energy effi- 13 ciency for data centers and information technology. 14 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 15 Secretary and the Administrator shall consider and assess 16 the adequacy of the specifications, measurements, best 17 practices, and benchmarks described in subsection (b) for 18 use by the Federal Energy Management Program, the En- 19 ergy Star Program, and other efficiency programs of the 20 Department of Energy or the Environmental Protection 21 Agency. 22 ‘‘(e) STUDY.—The Secretary, in collaboration with 23 the Administrator, shall, not later than 4 years after the 24 date of enactment of the Energy Efficient Government 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 7 •HR 1420 RS Technology Act, make available to the public an update 1 to the report of the Lawrence Berkeley National Labora- 2 tory entitled ‘United States Data Center Energy Usage 3 Report’ and dated June, 2016 (prepared as an update to 4 the Report to Congress on Server and Data Center Energy 5 Efficiency, published on August 2, 2007, under section 1 6 of Public Law 109–431 (120 Stat. 2920)), that includes— 7 ‘‘(1) a comparison and gap analysis of the esti- 8 mates and projections contained in the report with 9 new data regarding the period from 2015 through 10 2019; 11 ‘‘(2) an analysis considering the impact of in- 12 formation technologies, including virtualization and 13 cloud computing, in the public and private sectors; 14 ‘‘(3) an evaluation of the impact of the com- 15 bination of cloud platforms, mobile devices, social 16 media, and big data on data center energy usage; 17 ‘‘(4) an evaluation of water usage in data cen- 18 ters and recommendations for reductions in such 19 water usage; and 20 ‘‘(5) updated projections and recommendations 21 for best practices through fiscal year 2025. 22 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO- 23 GRAM.—The Secretary, in collaboration with key stake- 24 holders and the Director of the Office of Management and 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 8 •HR 1420 RS Budget, shall maintain a data center energy practitioner 1 program that leads to the certification of energy practi- 2 tioners qualified to evaluate the energy usage and effi- 3 ciency opportunities in federally owned and operated data 4 centers. Each Federal agency shall consider having the 5 data centers of the agency evaluated every 4 years, in ac- 6 cordance with section 543(f) of the National Energy Con- 7 servation Policy Act, by energy practitioners certified pur- 8 suant to such program. 9 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col- 10 laboration with key stakeholders and the Office of Man- 11 agement and Budget, shall establish an open data initia- 12 tive relating to energy usage at federally owned and oper- 13 ated data centers, with the purpose of making such data 14 available and accessible in a manner that encourages fur- 15 ther data center innovation, optimization, and consolida- 16 tion. In establishing the initiative, the Secretary shall con- 17 sider the use of the online Data Center Maturity Model. 18 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND 19 METRICS.—The Secretary, in collaboration with key 20 stakeholders, shall actively participate in efforts to har- 21 monize global specifications and metrics for data center 22 energy and water efficiency. 23 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec- 24 retary, in collaboration with key stakeholders, shall facili- 25 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS 9 •HR 1420 RS tate in the development of an efficiency metric that meas- 1 ures the energy efficiency of a data center (including 2 equipment and facilities). 3 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 4 The Secretary and the Administrator shall not disclose 5 any proprietary information or trade secrets provided by 6 any individual or company for the purposes of carrying 7 out this section or the programs and initiatives established 8 under this section.’’. 9 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 10 The budgetary effects of this Act, for the purpose of 11 complying with the Statutory Pay-As-You-Go Act of 2010, 12 shall be determined by reference to the latest statement 13 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 14 Act, submitted for printing in the Congressional Record 15 by the Chairman of the House Budget Committee, pro- 16 vided that such statement has been submitted prior to the 17 vote on passage. 18 VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS Calendar No. 265 116TH CONGRESS 1ST SESSION H. R. 1420 [Report No. 116–145] AN ACT To amend the Energy Independence and Security Act of 2007 to promote energy efficiency via in- formation and computing technologies, and for other purposes. OCTOBER 23, 2019 Reported without amendment VerDate Sep 11 2014 21:59 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H1420.RS H1420 kjohnson on DSK79L0C42 with BILLS