Sept. 11, 2013 sees Congressional Record publish “TEXT OF AMENDMENTS”

Volume 159, No. 119 covering the 1st Session of the 113th Congress (2013 - 2014) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S6381-S6394 on Sept. 11, 2013.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1852. Mr. WHITEHOUSE (for himself and Mrs. Boxer) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the beginning of title IV, insert the following:

SEC. 4__. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND

WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY

RESIDENTIAL UNITS.

(a) Establishment.--The Secretary of Housing and Urban Development (referred to in this section as the

``Secretary'') shall establish a demonstration program under which, during the period beginning on October 1, 2013, and ending on September 30, 2016, the Secretary may enter into budget-neutral, performance-based agreements that result in a reduction in energy or water costs with such entities as the Secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than 20,000 residential units in multifamily buildings participating in--

(1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), other than assistance provided under section 8(o) of that Act;

(2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or

(3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)).

(b) Requirements.--

(1) Payments contingent on savings.--

(A) In general.--The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B).

(B) Payment methodology.--

(i) In general.--Each agreement under this section shall include a pay-for-success provision--

(I) that will serve as a payment threshold for the term of the agreement; and

(II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section.

(ii) Limitations.--A payment made by the Secretary under an agreement under this section shall--

(I) be contingent on documented utility savings; and

(II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement.

(C) Third party verification.--Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least--

(i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit;

(ii) annual third party confirmation of actual utility consumption and cost for owner-paid utilities;

(iii) annual third party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and

(iv) annual third party determination of savings to the Secretary.

(2) Term.--The term of an agreement under this section shall be not longer than 12 years.

(3) Entity eligibility.--The Secretary shall--

(A) establish a competitive process for entering into agreements under this section; and

(B) enter into such agreements only with entities that demonstrate significant experience relating to--

(i) financing and operating properties receiving assistance under a program described in subsection (a);

(ii) oversight of energy and water conservation programs, including oversight of contractors; and

(iii) raising capital for energy and water conservation improvements from charitable organizations or private investors.

(4) Geographical diversity.--Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance.

(1) Plan.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section.

(2) Reports.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall--

(A) conduct an evaluation of the program under this section; and

(B) submit to Congress a report describing each evaluation conducted under subparagraph (A).

(d) Funding.--For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a).

______

SA 1853. Mr. BARRASSO (for himself, Mr. Enzi, and Mr. Flake) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 56, between lines 9 and 10, insert the following:

SEC. 5___. PROHIBITION ON ENERGY TAX.

(a) Findings; Purposes.--

(1) Findings.--Congress finds that--

(A) on June 25, 2013, President Obama issued a Presidential memorandum directing the Administrator of the Environmental Protection Agency to issue regulations relating to power sector carbon pollution standards for existing coal fired power plants;

(B) the issuance of that memorandum circumvents Congress and the will of the people of the United States;

(C) any action to control emissions of greenhouse gases from existing coal fired power plants in the United States by mandating a national energy tax would devastate major sectors of the economy, cost thousands of jobs, and increase energy costs for low-income households, small businesses, and seniors on fixed income;

(D) joblessness increases the likelihood of hospital visits, illnesses, and premature deaths;

(E) according to testimony on June 15, 2011, before the Committee on Environment and Public Works of the Senate by Dr. Harvey Brenner of Johns Hopkins University, ``The unemployment rate is well established as a risk factor for elevated illness and mortality rates in epidemiological studies performed since the early 1980s. In addition to influences on mental disorder, suicide and alcohol abuse and alcoholism, unemployment is also an important risk factor in cardiovascular disease and overall decreases in life expectancy.'';

(F) according to the National Center for Health Statistics,

``children in poor families were four times as likely to be in fair or poor health as children that were not poor'';

(G) any major decision that would cost the economy of the United States millions of dollars and lead to serious negative health effects for the people of the United States should be debated and explicitly authorized by Congress, not approved by a Presidential memorandum or regulations; and

(H) any policy adopted by Congress should make United States energy as clean as practicable, as quickly as practicable, without increasing the cost of energy for struggling families, seniors, low-income households, and small businesses.

(2) Purposes.--The purposes of this section are--

(A) to ensure that--

(i) a national energy tax is not imposed on the economy of the United States; and

(ii) struggling families, seniors, low-income households, and small businesses do not experience skyrocketing electricity bills and joblessness;

(B) to protect the people of the United States, particularly families, seniors, and children, from the serious negative health effects of joblessness;

(C) to allow sufficient time for Congress to develop and authorize an appropriate mechanism to address the energy needs of the United States and the potential challenges posed by severe weather; and

(D) to restore the legislative process and congressional authority over the energy policy of the United States.

(b) Presidential Memorandum.--Notwithstanding any other provision of law, the head of a Federal agency shall not promulgate any regulation relating to power sector carbon pollution standards or any substantially similar regulation on or after June 25, 2013, unless that regulation is explicitly authorized by an Act of Congress.

______

SA 1854. Mr. BARRASSO (for himself and Mr. Flake) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4____. SOCIAL COST OF CARBON.

(a) In General.--Subject to subsection (b) and section 324B of the Energy Policy and Conservation Act, until the date the Secretary conducts an advanced notice of proposed rulemaking and promulgates a proposed and final rule on the social cost of carbon, the Secretary and the heads of other Federal agencies shall not consider in any proceeding, regulation, decision, or action to implement this Act or an amendment made by this Act the social cost of carbon, as described in--

(1) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866'', dated May 2013;

(2) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866'', dated February 2010; or

(3) any other similar document.

(b) Effect on Regulations.--Subsection (a) shall not affect any final rule that has been published in the Federal Register before the date of enactment of this Act.

______

SA 1855. Mr. FRANKEN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:

Subtitle C--Energy Information for Commercial Buildings

SEC. 121. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.

(a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels.--Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended--

(1) by striking ``paragraph (2)'' and inserting ``paragraph

(1)''; and

(2) by striking ``signing the contract,'' and all that follows through the period at the end and inserting the following:

``signing the contract, the following requirements are met:

``(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems.

``(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces--

``(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and

``(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner.

``(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.''.

(b) Department of Energy Study.--

(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study, with opportunity for public comment--

(A) on the impact of--

(i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and

(ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings;

(B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and

(i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties;

(ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems;

(iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities;

(iv) the treatment of buildings with--

(I) multiple uses;

(II) uses for which baseline information is not available; and

(III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios;

(v) implementation practices, including disclosure methods and phase-in of compliance;

(vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and

(vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings.

(2) Submission to congress.--At the conclusion of the study, the Secretary shall submit to Congress a report on the results of the study.

(1) In general.--Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary, in coordination with other relevant agencies shall, to carry out the purpose described in paragraph (2)--

(A) assess existing databases; and

(B) as necessary--

(i) modify and maintain existing databases; or

(ii) create and maintain a new database platform.

(2) Purpose.--The maintenance of existing databases or creation of a new database platform under paragraph (1) shall be for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including--

(A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure;

(B) buildings that have received energy ratings and certifications; and

(C) energy-related information on buildings provided voluntarily by the owners of the buildings, in an anonymous form, unless the owner provides otherwise.

(d) Competitive Awards.--Based on the results of the research for the portion of the study described in subsection

(b)(1)(A)(ii), and with criteria developed following public notice and comment, the Secretary may make competitive awards to utilities, utility regulators, and utility partners to develop and implement effective and promising programs to provide aggregated whole building energy consumption information to multitenant building owners.

(e) Input From Stakeholders.--The Secretary shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section.

(f) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the progress made in complying with this section.

(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to remain available until expended.

SEC. 122. OFFSET.

Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) (as amended by section 401) is amended by striking paragraphs (4) through (6) and inserting the following:

``(4) $200,000,000 for fiscal year 2013;

``(5) $197,500,000 for fiscal year 2014;

``(6) $147,500,000 for fiscal year 2015; and

``(7) $97,500,000 for each of fiscal years 2016 through 2018.''.

______

SA 1856. Ms. KLOBUCHAR (for herself and Mr. Hoeven) submitted an amendment intended to be proposed by her to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4___. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.

(a) Definitions.--In this section:

(1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section.

(2) Energy-efficiency improvement.--

(A) In general.--The term ``energy-efficiency improvement'' means an installed measure (including a product, equipment, system, service, or practice) that results in a reduction in use by a nonprofit organization for energy or fuel supplied from outside the nonprofit building.

(B) Inclusions.--The term ``energy-efficiency improvement'' includes an installed measure described in subparagraph (A) involving--

(i) repairing, replacing, or installing--

(I) a roof or lighting system, or component of a roof or lighting system;

(II) a window;

(III) a door, including a security door; or

(IV) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system);

(ii) a renewable energy generation or heating system, including a solar, photovoltaic, wind, geothermal, or biomass

(including wood pellet) system or component of the system; and

(iii) any other measure taken to modernize, renovate, or repair a nonprofit building to make the nonprofit building more energy efficient.

(3) Nonprofit building.--

(A) In general.--The term ``nonprofit building'' means a building operated and owned by a nonprofit organization.

(B) Inclusions.--The term ``nonprofit building'' includes a building described in subparagraph (A) that is--

(i) a hospital;

(ii) a youth center;

(iii) a school;

(iv) a social-welfare program facility;

(v) a house of worship; and

(vi) any other nonresidential and noncommercial structure.

(4) Secretary.--The term ``Secretary'' means the Secretary of Energy.

(b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements.

(1) In general.--The Secretary may award grants under the program established under subsection (b).

(2) Application.--The Secretary may award a grant under this section if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe.

(3) Criteria for grant.--In determining whether to award a grant under this section, the Secretary shall apply performance-based criteria, which shall give priority to applications based on--

(A) the energy savings achieved;

(B) the cost-effectiveness of the energy-efficiency improvement;

(D) the financial need of the applicant; and

(E) the percentage of the matching contribution by the applicant.

(4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed--

(A) an amount equal to 50 percent of the energy-efficiency improvement; and

(B) $200,000.

(5) Cost sharing.--

(A) In general.--A grant awarded under this section shall be subject to a minimum non-Federal cost-sharing requirement of 50 percent.

(B) In-kind contributions.--The non-Federal share may be provided in the form of in-kind contributions of materials or services.

(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018, to remain available until expended.

(e) Offset.--Section 942(f) of the Energy Policy Act of 2005 (42 U.S.C. 16251(f)) is amended by striking

``$250,000,000'' and inserting ``$200,000,000''.

______

SA 1857. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title IV, add the following:

SEC. 4__. ANNUAL SBA STUDY ON THE COST OF FEDERAL

REGULATIONS.

(a) In General.--The Office of Advocacy shall conduct an annual study of the total cost of Federal regulations to small business concerns.

(b) Methodology.--In conducting each study required under subsection (a), the Office of Advocacy shall use a methodology that is substantially similar to the methodology used in conducting the study described in the report released by the Office of Advocacy entitled ``The Impact of Regulatory Costs on Small Firms'' (September 2010).

(c) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Office of Advocacy shall submit to Congress a report on the findings of the most recent study conducted under subsection (a), which shall include an estimate of the total annual cost of Federal regulations to small business concerns, by agency.

(d) Funding.--

(1) In general.--The Office of Advocacy shall carry out this section using unobligated funds otherwise made available to the Office of Advocacy.

(2) Sense of congress regarding funding.--It is the sense of Congress that no additional funds should be made available to the Administration or to the Office of Advocacy to carry out this section.

(e) Definitions.--In this section--

(1) the term ``Administration'' means the Small Business Administration;

(2) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code;

(3) the term ``Office of Advocacy'' means the Office of Advocacy of the Administration; and

(4) the term ``small business concern'' has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).

______

SA 1858. Mr. WYDEN (for Mr. Merkley) proposed an amendment to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; as follows:

At the end of title IV, add the following:

SEC. 4____. STUDY OF STANDBY POWER USAGE STANDARDS

IMPLEMENTED BY THE STATES AND OTHER

INDUSTRIALIZED NATIONS.

(a) Study.--

(1) In general.--The Secretary shall conduct a study of standby power usage standards that have been implemented by States and other industrialized nations.

(2) Requirement.--In conducting the study under paragraph

(1), the Secretary shall evaluate which of the standards studied would be economically and technologically feasible to implement throughout the United States for appliances and electronic devices covered under section 322 or 325 of the Energy Policy and Conservation Act (42 U.S.C. 6292, 6295).

(b) Report.--On completion of the study under subsection

(a), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study and the findings of the Secretary under subsection (a)(2).

______

SA 1859. Ms. STABENOW submitted an amendment intended to be proposed by her to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

Subtitle B--Advanced Vehicle Technology

SEC. 411. OBJECTIVES.

The objectives of this subtitle are--

(1) to reform and reorient the vehicle technologies programs of the Department;

(2) to establish a clear and consistent authority for vehicle technologies programs of the Department;

(3) to develop United States technologies and practices that--

(A) improve the fuel efficiency and emissions of all vehicles produced in the United States; and

(B) reduce vehicle reliance on petroleum-based fuels;

(4) to support domestic research, development, engineering, demonstration, and commercial application and manufacturing of advanced vehicles, engines, and components;

(5) to enable vehicles to move larger volumes of goods and more passengers with less energy and emissions;

(6) to develop cost-effective advanced technologies for wide-scale utilization throughout the passenger, commercial, government, and transit vehicle sectors;

(7) to allow for greater consumer choice of vehicle technologies and fuels;

(8) to shorten technology development and integration cycles in the vehicle industry;

(9) to ensure a proper balance and diversity of Federal investment in vehicle technologies and among vehicle classes; and

(10) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors.

SEC. 412. DEFINITIONS.

In this subtitle:

(1) Department.--The term ``Department'' means the Department of Energy.

(2) Secretary.--The term ``Secretary'' means the Secretary of Energy.

SEC. 413. COORDINATION AND NONDUPLICATION.

(a) Coordination.--The Secretary shall ensure that activities authorized by this subtitle do not duplicate activities of other programs within the Department or other relevant agencies.

(b) Cost-sharing Requirement.--The activities carried out under this subtitle shall be subject to the cost-sharing requirements of section 988 of the Energy Policy Act of 2005

(42 U.S.C. 16352).

SEC. 414. VEHICLE RESEARCH AND DEVELOPMENT.

(a) Program.--

(1) Activities.--The Secretary shall conduct a program of basic and applied research, development, engineering, demonstration, and commercial application activities on materials, technologies, and processes with the potential to substantially reduce or eliminate petroleum use and the emissions of the Nation's passenger and commercial vehicles, including activities in the areas of--

(A) hybridization or full electrification of vehicle systems;

(B) batteries, ultracapacitors, and other energy storage devices;

(D) vehicle, component, and subsystem manufacturing technologies and processes;

(E) engine efficiency and combustion optimization;

(F) waste heat recovery;

(G) transmission and drivetrains;

(H) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure;

(I) compressed natural gas and liquefied petroleum gas vehicle technologies;

(J) aerodynamics, rolling resistance, and accessory power loads of vehicles and associated equipment;

(K) vehicle weight reduction, including lightweighting materials;

(L) friction and wear reduction;

(M) engine and component durability;

(N) innovative propulsion systems;

(O) advanced boosting systems;

(P) hydraulic hybrid technologies;

(Q) engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels;

(R) predictive engineering, modeling, and simulation of vehicle and transportation systems;

(S) refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles, including the unique challenges facing rural areas;

(T) gaseous fuels storage systems and system integration and optimization;

(U) sensing, communications, and actuation technologies for vehicle, electrical grid, and infrastructure;

(V) efficient use, substitution, and recycling of potentially critical materials in vehicles, including rare earth elements and precious metals, at risk of supply disruption;

(W) aftertreatment technologies;

(X) thermal management of battery systems;

(Y) retrofitting advanced vehicle technologies to existing vehicles;

(Z) development of common standards, specifications, and architectures for both transportation and stationary battery applications;

(AA) advanced internal combustion engines; and

(BB) other research areas as determined by the Secretary.

(2) Transformational technology.--The Secretary shall ensure that the Department continues to support research, development, engineering, demonstration, and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve deep reductions in petroleum use and emissions, including activities in the areas of--

(A) hydrogen vehicle technologies, including fuel cells, internal combustion engines, hydrogen storage, infrastructure, and activities in hydrogen technology validation and safety codes and standards;

(B) multiple battery chemistries and novel energy storage devices, including nonchemical batteries, ultracapacitors and electromechanical storage technologies such as hydraulics, flywheels, and compressed air storage;

(D) other innovative technologies research and development, as determined by the Secretary.

(3) Industry participation.--To the maximum extent practicable, activities under this subtitle shall be carried out in partnership or collaboration with automotive manufacturers, heavy commercial, vocational, and transit vehicle manufacturers, qualified plug-in electric vehicle manufacturers, compressed natural gas and liquefied petroleum gas vehicle manufacturers, vehicle and engine equipment and component manufacturers, manufacturing equipment manufacturers, advanced vehicle service providers, fuel producers and energy suppliers, electric utilities, universities, national laboratories, and independent research laboratories. In carrying out this subtitle the Secretary shall--

(A) determine whether a wide range of companies that manufacture or assemble vehicles or components in the United States are represented in ongoing public private partnership activities, including firms that have not traditionally participated in federally sponsored research and development activities, and where possible, partner with such firms that conduct significant and relevant research and development activities in the United States;

(B) leverage the capabilities and resources of, and formalize partnerships with, industry-led stakeholder organizations, nonprofit organizations, industry consortia, and trade associations with expertise in the research and development of, and education and outreach activities in, advanced automotive and commercial vehicle technologies;

(D) give consideration to conversion of existing or former vehicle technology development or manufacturing facilities for the purposes of this subtitle;

(E) establish and support public-private partnerships, dedicated to overcoming barriers in commercial application of transformational vehicle technologies, that utilize such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology; and

(F) promote efforts to ensure that technology research, development, engineering, and commercial application activities funded under this subtitle are carried out in the United States.

(4) Interagency and intraagency coordination.--To the maximum extent practicable, the Secretary shall coordinate research, development, demonstration, and commercial application activities among--

(A) relevant programs within the Department, including--

(i) the Office of Energy Efficiency and Renewable Energy;

(ii) the Office of Science;

(iii) the Office of Electricity Delivery and Energy Reliability;

(iv) the Office of Fossil Energy;

(v) the Advanced Research Projects Agency--Energy; and

(vi) other offices as determined by the Secretary; and

(B) relevant technology research and development programs within the Department of Transportation and other Federal agencies, as determined by the Secretary.

(5) Federal demonstration of technologies.--The Secretary shall make information available to procurement programs of Federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this subtitle.

(6) Intergovernmental coordination.--The Secretary shall seek opportunities to leverage resources and support initiatives of State and local governments in developing and promoting advanced vehicle technologies, manufacturing, and infrastructure.

(7) Criteria.--When awarding cost-shared grants under this program, the Secretary shall give priority to those technologies (either individually or as part of a system) that--

(A) provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology; and

(B) provide the greatest increase in United States employment.

(b) Sensing and Communications Technologies.--

(1) In general.--The Secretary, in coordination with the Secretary of Transportation and the relevant research programs of other Federal agencies, shall conduct research, development, engineering, and demonstration activities on connectivity of vehicle and transportation systems, including on sensing, computation, communication, and actuation technologies that allow for reduced fuel use, optimized traffic flow, and vehicle electrification, including technologies for--

(A) onboard vehicle, engine, and component sensing and actuation;

(B) vehicle-to-vehicle sensing and communication;

(D) vehicle integration with the electrical grid, including communications to provide grid services.

(2) Coordination.--The activities carried out under this section shall supplement (and not supplant) activities under the intelligent transportation system research program of the Department of Transportation.

(c) Manufacturing.--The Secretary shall carry out a research, development, engineering, demonstration, and commercial application program of advanced vehicle manufacturing technologies and practices, including innovative processes to--

(1) increase the production rate and decrease the cost of advanced battery manufacturing;

(2) vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations;

(3) reduce waste streams, emissions, and energy-intensity of vehicle, engine, advanced battery and component manufacturing processes;

(4) recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications;

(5) produce cost-effective lightweight materials such as advanced metal alloys, polymeric composites, and carbon fiber;

(6) produce lightweight high pressure storage systems for gaseous fuels;

(7) design and manufacture purpose-built hydrogen and fuel cell vehicles and components;

(8) improve the calendar life and cycle life of advanced batteries; and

(9) produce permanent magnets for advanced vehicles.

(d) Reporting.--

(1) Technologies developed.--Not later than 18 months after the date of enactment of this Act and annually thereafter through 2017, the Secretary shall transmit to Congress a report regarding the technologies developed as a result of the activities authorized by this section, with a particular emphasis on whether the technologies were successfully adopted for commercial applications, and if so, whether products relying on those technologies are manufactured in the United States.

(2) Additional matters.--At the end of each fiscal year through 2017 the Secretary shall submit to the relevant Congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this section, active industry participants, efforts to recruit new participants committed to design, engineering, and manufacturing of advanced vehicle technologies in the United States, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies.

SEC. 415. MEDIUM AND HEAVY DUTY COMMERCIAL AND TRANSIT

VEHICLES.

(a) Program.--

(1) In general.--The Secretary, in partnership with relevant research and development programs in other Federal agencies, and a range of appropriate industry stakeholders, shall carry out a program of cooperative research, development, demonstration, and commercial application activities on advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles, including activities in the areas of--

(A) engine efficiency and combustion research;

(B) onboard storage technologies for compressed natural gas and liquefied petroleum gas;

(C) development and integration of engine technologies designed for compressed natural gas and liquefied petroleum gas operation of a variety of vehicle platforms;

(D) waste heat recovery and conversion;

(E) improved aerodynamics and tire rolling resistance;

(F) energy and space-efficient emissions control systems;

(G) heavy hybrid, hybrid hydraulic, plug-in hybrid, and electric platforms, and energy storage technologies;

(H) drivetrain optimization;

(I) friction and wear reduction;

(J) engine idle and parasitic energy loss reduction;

(K) electrification of accessory loads;

(L) onboard sensing and communications technologies;

(M) advanced lightweighting materials and vehicle designs;

(N) increasing load capacity per vehicle;

(O) thermal management of battery systems;

(P) recharging infrastructure;

(Q) compressed natural gas and liquefied petroleum gas infrastructure;

(R) advanced internal combustion engines;

(S) complete vehicle modeling and simulation;

(T) hydrogen vehicle technologies, including fuel cells and internal combustion engines, and hydrogen infrastructure;

(U) retrofitting advanced technologies onto existing truck fleets; and

(V) integration of these and other advanced systems onto a single truck and trailer platform.

(2) Leadership.--

(A) In general.--The Secretary shall appoint a full-time Director to coordinate research, development, demonstration, and commercial application activities in medium- to heavy-duty commercial, recreational, and transit vehicle technologies.

(B) Responsibilities of the director.--The responsibilities of the Director shall be to--

(i) improve coordination and develop consensus between government agency and industry partners, and propose new processes for program management and priority setting to better align activities and budgets among partners;

(ii) regularly convene workshops, site visits, demonstrations, conferences, investor forums, and other events in which information and research findings are shared among program participants and interested stakeholders;

(iii) develop a budget for the Department's activities with regard to the interagency program, and provide consultation and guidance on vehicle technology funding priorities across agencies;

(iv) determine a process for reviewing program technical goals, targets, and timetables and, where applicable, aided by life-cycle impact and cost analysis, propose revisions or elimination based on program progress, available funding, and rate of technology adoption;

(v) evaluate ongoing activities of the program and recommend project modifications, including the termination of projects, where applicable;

(vi) recruit new industry participants to the interagency program, including truck, trailer, and component manufacturers who have not traditionally participated in federally sponsored research and technology development activities; and

(vii) other responsibilities as determined by the Secretary, in consultation with interagency and industry partners.

(3) Reporting.--At the end of each fiscal year, the Secretary shall submit to the Congress an annual report describing activities undertaken in the previous year, active industry participants, efforts to recruit new participants, progress of the program in meeting goals and timelines, and a strategic plan for funding of activities across agencies.

(b) Class 8 Truck and Trailer Systems Demonstration.--

(1) In general.--The Secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on Class 8 truck and trailer platforms with a goal of improving overall freight efficiency, as measured in tons and volume of freight hauled or other work performance-based metrics, by 50 percent, including a combination of technologies listed in subsection (a)(1).

(2) Eligible applicants.--Applicant teams may be comprised of truck and trailer manufacturers, engine and component manufacturers, fleet customers, university researchers, and other applicants as appropriate for the development and demonstration of integrated Class 8 truck and trailer systems.

(c) Technology Testing and Metrics.--The Secretary, in coordination with the partners of the interagency research program described in subsection (a)(1)--

(1) shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions, including for heavy hybrid propulsion systems;

(2) shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon, including those based on units of volume and weight transported for freight applications, and appropriate metrics based on the work performed by nonroad systems; and

(3) may construct heavy duty truck and bus testing facilities.

(d) Nonroad Systems Pilot Program.--The Secretary shall undertake a pilot program of research, development, demonstration, and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural and construction equipment, and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors.

(e) Repeal of Existing Authorities.--

(1) In general.--Sections 706, 711, 712, and 933 of the Energy Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062, 16233) are repealed.

(2) Energy efficiency.--Section 911 of the Energy Policy Act of 2005 (42 U.S.C. 16191) is amended--

(A) in subsection (a)--

(i) in paragraph (1)(A), by striking ``vehicles, buildings,'' and inserting ``buildings''; and

(ii) in paragraph (2)--

(I) by striking subparagraph (A); and

(II) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; and

(B) in subsection (c)--

(i) by striking paragraph (3);

(ii) by redesignating paragraph (4) as paragraph (3); and

(iii) in paragraph (3) (as so redesignated), by striking

``(a)(2)(D)'' and inserting ``(a)(2)(C)''.

(3) Energy storage competitiveness.--Section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231) is amended--

(A) by striking subsection (j);

(B) by redesignating subsections (k) through (p) as subsections (j) through (o), respectively; and

(i) in paragraph (2), by striking ``and;'' after the semicolon at the end;

(ii) in paragraph (4), by inserting ``and'' after the semicolon at the end;

(iii) by striking paragraph (5);

(iv) by redesignating paragraph (6) as paragraph (5); and

(v) in paragraph (5) (as so redesignated), by striking

``subsection (k)'' and inserting ``subsection (j)''.

______

SA 1860. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title V, add the following:

SECTION 5__. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY

ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND

STRUCTURES.

(a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following:

``SEC. 327. USE OF ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS

AND STRUCTURES.

``(a) Definitions.--In this section--

``(1) the term `energy-efficient product' means a product that--

``(A) meets or exceeds the requirements for designation under an Energy Star program established under section 324A of the of the Energy Policy and Conservation Act of 1975 (42 U.S.C. 6294a); or

``(B) meets or exceeds the requirements for designation as being among the highest 25 percent of equivalent products for energy efficiency under the Federal Energy Management Program; and

``(2) the term `energy-efficient structure' means a residential structure, a public facility, or a private nonprofit facility that meets or exceeds the requirements of American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 90.1-2010 or the 2013 International Energy Conservation Code, or any successor thereto.

``(b) Use of Assistance.--A recipient of assistance relating to a major disaster or emergency may use the assistance to replace or repair a damaged product or structure with an energy-efficient product or energy-efficient structure.''.

(b) Applicability.--The amendment made by this section shall apply to assistance made available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) before, on, or after the date of enactment of this Act that is expended on or after the date of enactment of this Act.

______

SA 1861. Mr. JOHNSON of Wisconsin (for himself and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 3, strike line 1 and all that follows through page 44, line 23.

Beginning on page 47, strike line 16 and all that follows through page 48, line 16.

______

SA 1862. Mr. JOHNSON of Wisconsin (for himself and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the following:

TITLE I--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 101. ADOPTION OF INFORMATION AND COMMUNICATIONS

TECHNOLOGY POWER SAVINGS TECHNIQUES BY FEDERAL

AGENCIES.

(a) In General.--Not later than 360 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for Federal agencies to employ advanced tools promoting energy efficiency and energy savings through the use of information and communications technologies, including computer hardware, operation and maintenance processes, energy efficiency software, and power management tools.

(b) Reports on Plans and Savings.--Not later than 180 days after the date of the issuance of the guidance under subsection (a), each Federal agency shall submit to the Secretary a report that describes--

(1) the plan of the agency for implementing the guidance within the agency; and

(2) estimated energy and financial savings from employing the tools and processes described in subsection (a).

SEC. 102. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

Section 3307 of title 40, United States Code, is amended--

(1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and

(2) by inserting after subsection (c) the following:

``(d) Availability of Funds for Design Updates.--

``(1) In general.--Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312.

``(2) Limitation.--The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 103. FEDERAL DATA CENTER CONSOLIDATION.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget shall develop and publish a goal for the total amount of planned energy and cost savings and increased productivity by the Federal Government through the consolidation of Federal data centers during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings and productivity gains.

(b) Administration.--Nothing in this section applies to the High Performance Computing Modernization Program (HPCMP) of the Department of Defense.

______

SA 1863. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Flake) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 401. REGIONAL HAZE PROGRAM.

Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency

(referred to in this section as the ``Administrator'') shall not reject or disapprove in whole or in part a State regional haze implementation plan addressing any regional haze regulation of the Environmental Protection Agency (including the regulations described in section 51.308 of title 40, Code of Federal Regulations (or successor regulations)) if--

(1) the State has submitted to the Administrator a State implementation plan for regional haze that--

(A) considers the factors identified in section 169A of the Clean Air Act (42 U.S.C. 7491); and

(B) applies the relevant laws (including regulations);

(2) the Administrator fails to demonstrate using the best available science that a Federal implementation plan action governing a specific source, when compared to the State plan, does not result in greater than a 1.0 deciview improvement in any class I area (as classified under section 162 of the Clean Air Act (42 U.S.C. 7472)); and

(3) implementation of the Federal implementation plan, when compared to the State plan, will result in an economic cost to the State or to the private sector of greater than

$100,000,000 in any fiscal year or $300,000,000 in the aggregate.

______

SA 1864. Mr. ENZI (for himself and Mr. Barrasso) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4__. CONVEYANCE TO STATES OF PROPERTY INTEREST IN STATE

SHARE OF ROYALTIES AND OTHER PAYMENTS.

Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended--

(1) in the first sentence of subsection (a), by striking

``shall be paid into the Treasury'' and inserting ``shall, except as provided in subsection (d), be paid into the Treasury'';

(2) in subsection (c)(1), by inserting ``and except as provided in subsection (d)'' before ``, any rentals''; and

(3) by adding at the end the following:

``(d) Conveyance to States of Property Interest in State Share.--

``(1) In general.--Notwithstanding any other provision of law, on request of a State (other than the State of Alaska) and in lieu of any payments to the State under subsection

(a), the Secretary of the Interior shall convey to the State all right, title, and interest in and to 50 percent of all amounts otherwise required to be paid into the Treasury under subsection (a) from sales, bonuses, royalties (including interest charges), and rentals for all public land or deposits located in the State.

``(2) State of alaska.--Notwithstanding any other provision of law, on request of the State of Alaska and in lieu of any payments to the State under subsection (a), the Secretary of the Interior shall convey to the State all right, title, and interest in and to 90 percent of all amounts otherwise required to be paid into the Treasury under subsection (a) from sales, bonuses, royalties (including interest charges), and rentals for all public land or deposits located in the State.

``(3) Amount.--Notwithstanding any other provision of law, after a conveyance to a State under paragraph (1) or (2), any person shall pay directly to the State any amount owed by the person for which the right, title, and interest has been conveyed to the State under this subsection.

``(4) Notice.--The Secretary of the Interior shall promptly provide to each holder of a lease of public land to which subsection (a) applies that are located in a State to which right, title, and interest is conveyed under this subsection notice that--

``(A) the Secretary of the Interior has conveyed to the State all right, title, and interest in and to the amounts referred to in paragraph (1) or (2); and

``(B) the leaseholder is required to pay the amounts directly to the State.''.

______

SA 1865. Mr. TOOMEY (for himself, Mr. Coburn, Mr. Flake, and Mr. Risch) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4____. REPEAL OF RENEWABLE FUEL STANDARD.

(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking subsection (o).

(b) Additional Repeal.--Section 204 of the Energy Independence and Security Act of 2007 (42 U.S.C. 7545 note; Public Law 110-140) is repealed.

(c) Regulations.--Beginning on the date of enactment of this Act, the regulations under subparts K and M of part 80 of title 40, Code of Federal Regulations (as in effect on that date of enactment), shall have no force or effect.

______

SA 1866. Mr. VITTER (for himself, Mr. Enzi, Mr. Heller, Mr. Lee, Mr. Johnson of Wisconsin, and Mr. Inhofe) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL

STAFF AND MEMBERS OF THE EXECUTIVE BRANCH.

Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended--

(1) by striking the subparagraph heading and inserting the following:

``(D) Members of congress, congressional staff, and political appointees in the exchange.--'';

(2) in clause (i), in the matter preceding subclause (I)--

(A) by striking ``and congressional staff with'' and inserting ``, congressional staff, the President, the Vice President, and political appointees with''; and

(B) by striking ``or congressional staff shall'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee shall'';

(3) in clause (ii)--

(A) in subclause (II), by inserting after ``Congress,'' the following: ``of a committee of Congress, or of a leadership office of Congress,''; and

(B) by adding at the end the following:

``(III) Political appointee.--In this subparagraph, the term `political appointee' means any individual who--

``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);

``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or

``(cc) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''; and

(4) by adding at the end the following:

``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointees for coverage under this paragraph.

``(iv) Limitation on amount of tax credit or cost-sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections.

``(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange.''.

______

SA 1867. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CONDITIONING PROVISION OF PREMIUM AND COST-SHARING

SUBSIDIES UNDER THE PATIENT PROTECTION AND

AFFORDABLE CARE ACT UPON CERTIFICATION THAT A

PROGRAM TO VERIFY HOUSEHOLD INCOME AND OTHER

QUALIFICATIONS FOR THOSE SUBSIDIES IS

OPERATIONAL.

Notwithstanding any other provision of law, no premium tax credits shall be permitted under section 36B of the Internal Revenue Code of 1986 and no reductions in cost-sharing shall be permitted under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) prior to the date on which the Inspector General of the Department of Health and Human Services certifies to Congress that there is in place a program that successfully and consistently verifies, consistent with section 1411 of such Act (42 U.S.C. 18081), the household income and coverage requirements of individuals applying for such credits and cost-sharing reduction reductions.

______

SA 1868. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4___. GUIDELINES TO ENCOURAGE FEDERAL EMPLOYEES TO HELP

REDUCE ENERGY USE AND COSTS.

Not later than 60 days after the date of enactment of this Act, the Secretary of Energy shall issue to the head of each Federal agency guidelines to reduce energy costs at that Federal agency by requiring employees of the Federal agency to--

(1) turn off the lights in the work areas of the employees at the end of the work day; and

(2) turn off or unplugging other devices that consume energy during periods in which the employees are not in the office.

______

SA 1869. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4___. CERTIFICATION REQUIRED.

(a) In General.--The Secretary shall certify that the amount of energy cost savings over a 10-year period as a result of each project or activity funded under this Act or an amendment made by this Act would equal or exceed the cost of the project or activity.

(b) Actual Energy Use.--On completion of a project or activity provided funds under this Act or an amendment made by this Act, the Secretary shall certify that, over a 10-year period, as a result of the project or activity--

(1) there was a reduction in actual energy use; and

(2) the energy cost savings exceeded the costs of the project or activity.

______

SA 1870. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the beginning of title IV, insert the following:

SEC. 4__. EVALUATION AND CONSOLIDATION OF DUPLICATIVE GREEN

BUILDING PROGRAMS.

(a) Definitions.--In this section:

(1) Administrative expenses.--The term ``administrative expenses'' has the meaning given the term by the Director of the Office of Management and Budget under section 504(b)(2) of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (31 U.S.C. 1105 note; Public Law 111-85), except that the term shall include, for purposes of that section and this section, with respect to an agency--

(A) costs incurred by the agency and costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and

(B) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency.

(2) Applicable programs.--The term ``applicable programs'' means the programs listed in Table 9 (pages 348-350) of the report of the Government Accountability Office entitled

``2012 Annual Report: Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue''.

(3) Appropriate secretaries.--The term ``appropriate Secretaries'' means--

(A) the Secretary;

(B) the Secretary of Agriculture;

(D) the Secretary of Education;

(E) the Secretary of Health and Human Services;

(F) the Secretary of Housing and Urban Development;

(G) the Secretary of Transportation;

(H) the Secretary of the Treasury;

(I) the Administrator of the Environmental Protection Agency;

(J) the Director of the National Institute of Standards and Technology; and

(K) the Administrator of the Small Business Administration.

(4) Services.--

(A) In general.--Subject to subparagraph (B), the term

``services'' has the meaning given the term by the Director of the Office of Management and Budget.

(B) Requirements.--The term ``services'' shall be limited to activities, assistance, and aid that provide a direct benefit to a recipient, such as--

(i) the provision of medical care;

(ii) assistance for housing or tuition; or

(iii) financial support (including grants and loans).

(b) Report.--

(1) In general.--Not later than October 1, 2014, the appropriate Secretaries shall submit to Congress and post on the public Internet websites of the agencies of the appropriate Secretaries a report on the outcomes of the applicable programs.

(2) Requirements.--In reporting on the outcomes of each applicable program, the appropriate Secretaries shall--

(A) determine the total administrative expenses of the applicable program;

(B) determine the expenditures for services for the applicable program;

(C) estimate the number of clients served by the applicable program and beneficiaries who received assistance under the applicable program (if applicable);

(D) estimate--

(i) the number of full-time employees who administer the applicable program; and

(ii) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the applicable program;

(E) describe the type of assistance the applicable program provides, such as grants, technical assistance, loans, tax credits, or tax deductions;

(F) describe the type of recipient who benefits from the assistance provided, such as individual property owners or renters, local governments, businesses, nonprofit organizations, or State governments; and

(G) identify and report on whether written program goals are available for the applicable program.

(c) Program Recommendations.--Not later than January 1, 2015, the appropriate Secretaries shall jointly submit to Congress a report that includes--

(1) an analysis of whether any of the applicable programs should be eliminated or consolidated, including any legislative changes that would be necessary to eliminate or consolidate the applicable programs; and

(2) ways to improve the applicable programs by establishing program goals or increasing collaboration so as to reduce the overlap and duplication identified in--

(A) the 2011 report of the Government Accountability Office entitled ``Federal Initiatives for the NonFederal Sector Could Benefit from More Interagency Collaboration''; and

(B) the report of the Government Accountability Office entitled ``2012 Annual Report: Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue''.

(d) Program Eliminations.--Not later than January 1, 2015, the appropriate Secretaries shall--

(1) identify--

(A) which applicable programs are specifically required by law; and

(B) which applicable programs are carried out under the discretionary authority of the appropriate Secretaries;

(2) eliminate those applicable programs that are not required by law; and

(3) transfer any remaining applicable projects and nonduplicative functions into another green building program within the same agency.

______

SA 1871. Mr. McCONNELL (for himself, Mr. Coats, Mr. Cornyn, Mr. Coburn, Mr. Alexander, Mr. Barrasso, Mr. Burr, Mr. Risch, Mr. Johanns, Ms. Ayotte, Mr. Blunt, Mr. Moran, and Mr. Hoeven) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--HEALTH PROVISIONS

Subtitle A--Fairness for American Families Act

SEC. __01. SHORT TITLE.

This Subtitle may be cited as the ``Fairness for American Families Act''.

SEC. __02. DELAY IN APPLICATION OF INDIVIDUAL HEALTH

INSURANCE MANDATE.

(a) In General.--Section 5000A(a) of the Internal Revenue Code of 1986 is amended by striking ``2013'' and inserting

``2014''.

(b) Conforming Amendments.--

(1) Section 5000A(c)(2)(B) of the Internal Revenue Code of 1986 is amended--

(A) by striking ``2014'' in clause (i) and inserting

``2015'', and

(B) by striking ``2015'' in clauses (ii) and (iii) and inserting ``2016''.

(2) Section 5000A(c)(3)(B) of such Code is amended--

(A) by striking ``2014'' and inserting ``2015'', and

(B) by striking ``2015'' (prior to amendment by subparagraph (A)) and inserting ``2016''.

(3) Section 5000A(c)(3)(D) of such Code is amended--

(A) by striking ``2016'' and inserting ``2017'', and

(B) by striking ``2015'' and inserting ``2016''.

(4) Section 5000A(e)(1)(D) of such Code is amended--

(A) by striking ``2014'' and inserting ``2015'', and

(B) by striking ``2013'' and inserting ``2014''.

(c) Effective Date.--The amendments made by this section shall take effect as if included in section 1501 of the Patient Protection and Affordable Care Act.

Subtitle B--Authority for Mandate Delay Act

SEC. __11. SHORT TITLE.

This subtitle may be cited as the ``Authority for Mandate Delay Act''.

SEC. __12. DELAY IN APPLICATION OF EMPLOYER HEALTH INSURANCE

MANDATE.

(a) In General.--Section 1513(d) of the Patient Protection and Affordable Care Act is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''.

(b) Reporting Requirements.--

(1) Reporting by employers.--Section 1514(d) of the Patient Protection and Affordable Care Act is amended by striking

``December 31, 2013'' and inserting ``December 31, 2014''.

(2) Reporting by insurance providers.--Section 1502(e) of the Patient Protection and Affordable Care Act is amended by striking ``2013'' and inserting ``2014''.

(c) Effective Date.--The amendments made by this section shall take effect as if included in the provision of the Patient Protection and Affordable Care Act to which they relate.

______

SA 1872. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 4___. ELIMINATION OF TAX CREDIT FOR MOTOR VEHICLES

PRODUCED THROUGH AN ENERGY AND CARBON-INTENSIVE

MANUFACTURING PROCESS.

(a) In General.--Notwithstanding any other law, the tax credit provided under section 30D of the Internal Revenue Code of 1986 shall not be allowed for any motor vehicle if the total amount of carbon dioxide generated through the manufacturing process for such vehicle is greater than 25,000 pounds.

(b) Revenue.--Any increase in revenue as a result of limitation described in subsection (a) shall be made available to offset the cost of any energy efficiency upgrades made to hospitals, schools, nursing homes, and daycare facilities.

______

SA 1873. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 33, strike line 13 and all that follows through page 36, line 21.

______

SA 1874. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4__. STUDY AND REPORT ON TAXPAYER-ASSISTED COMPANIES

THAT HAVE FILED FOR BANKRUPTCY.

Not later than 180 days after the date of enactment of this Act, the Secretary shall--

(1) conduct a study to determine the total number of companies that--

(A) received funds from a grant, loan, or loan guarantee of the Department of Energy or any other Federal agency or program under--

(i) section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513); or

(ii) section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516); and

(B) filed for bankruptcy under chapter 7 or 11 of title 11, United States Code, within 5 years after the date of receipt of the Federal loan, grant, or loan guarantee; and

(2) submit to Congress a report that includes the results of the study described in paragraph (1).

______

SA 1875. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4__. CONSOLIDATION OF ENERGY STAR PROGRAM.

(a) Consolidation of Energy Star Program.--

(1) Termination of authority.--The authority of the Administrator of the Environmental Protection Agency with respect to the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is terminated.

(2) Transfer of functions.--There are transferred to the Secretary of Energy all functions that the Administrator of the Environmental Protection Agency was authorized to exercise with respect to the Energy Star program on the day before the date of enactment of this Act.

(3) Reduction in funds.--Notwithstanding any other provision of law--

(A) of the amounts made available for the Energy Star program that remain unobligated as of the date of enactment of this Act, 20 percent shall be rescinded; and

(B) of the amounts rescinded under subparagraph (A), 10 percent shall be transferred to the Office of Inspector General of the Department of Energy.

(b) Conforming Amendments.--Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended--

(1) in subsection (a), by striking ``and the Environmental Protection Agency'';

(2) by striking subsection (b);

(3) in subsection (c)--

(A) in the matter preceding paragraph (1), by striking

``Administrator and the''; and

(B) in paragraph (7), by striking ``Agency or''; and

(4) by redesignating subsections (c) and (d) as subsections

(b) and (c), respectively.

______

SA 1876. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LIMITATION ON SUBSIDIES FOR INDIVIDUALS IN TAFT-

HARTLEY PLANS.

(a) In General.--Notwithstanding any other provision of law, no premium tax credits shall be permitted under section 36B of the Internal Revenue Code of 1986 and no reductions in cost-sharing shall be permitted under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) with respect to an individual for health insurance coverage provided pursuant to the terms of a collective bargaining agreement involving one or more employers.

(b) Qualified Plans.--Section 1301(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18021(a)) is amended by adding at the end the following:

``(5) Taft-hartley plans.--The term `qualified health plan' shall not include health insurance coverage provided pursuant to the terms of a collective bargaining agreement involving one or more employers.''.

______

SA 1877. Mr. BENNET (for himself and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

Strike section 303 and insert the following:

SEC. 303. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget.

(2) FDCCI.--The term ``FDCCI'' means the Federal Data Center Consolidation Initiative described in the Office of Management and Budget Memorandum on the Federal Data Center Consolidation Initiative, dated February 26, 2010, or any successor thereto.

(b) Federal Data Center Consolidation Inventories and Plans.--

(1) In general.--

(A) Annual reporting.--Each year, beginning in the first fiscal year after the date of enactment of this Act and for each of the 4 fiscal years thereafter, the head of each agency that is described in subparagraph (D), assisted by the Chief Information Officer of the agency, shall submit to the Administrator--

(i) a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, including average server utilization, even if the center is administered by a third party; and

(ii) a multi-year plan to achieve the optimization and consolidation of agency data center assets, that includes--

(I) performance metrics--

(aa) that are consistent with performance metrics established by the Administrator under subparagraphs (C) and

(G) of paragraph (2); and

(bb) by which the quantitative and qualitative progress of the agency toward data center consolidation goals can be measured;

(II) a timeline for agency activities completed under the FDCCI, with an emphasis on benchmarks the agency can achieve by specific dates;

(III) an aggregation of year-by-year investment and cost savings calculations for the 5-fiscal-year period past the date of submission to the Administrator, broken down by each year, including a description of any initial costs for data center consolidation and life cycle cost savings, with an emphasis on--

(aa) meeting the Government-wide performance metrics described in subparagraphs (C) and (G) of paragraph (2); and

(bb) demonstrating agency-specific savings each fiscal year achieved through the FDCCI; and

(IV) any additional information required by the Administrator.

(B) Use of existing reporting structures.--The Administrator may require agencies described in subparagraph

(D) to submit any information required to be submitted under this subsection through reporting structures in use as of the date of enactment of this Act.

(C) Certification.--Each year, beginning in the first fiscal year after the date of enactment of this Act and for each of the 4 fiscal years thereafter, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this Act.

(D) Agencies described.--The agencies (including all associated components of the agency) described in this paragraph are the--

(i) Department of Agriculture;

(ii) Department of Commerce;

(iii) Department of Defense;

(iv) Department of Education;

(v) Department of Energy;

(vi) Department of Health and Human Services;

(vii) Department of Homeland Security;

(viii) Department of Housing and Urban Development;

(ix) Department of the Interior;

(x) Department of Justice;

(xi) Department of Labor;

(xii) Department of State;

(xiii) Department of Transportation;

(xiv) Department of Treasury;

(xv) Department of Veterans Affairs;

(xvi) Environmental Protection Agency;

(xvii) General Services Administration;

(xviii) National Aeronautics and Space Administration;

(xix) National Science Foundation;

(xx) Nuclear Regulatory Commission;

(xxi) Office of Personnel Management;

(xxii) Small Business Administration;

(xxiii) Social Security Administration; and

(xxiv) United States Agency for International Development.

(E) Agency implementation of plans.--Each agency described in subparagraph (D), under the direction of the Chief Information Officer of the agency shall--

(i) implement the consolidation plan required under subparagraph (A)(ii); and

(ii) provide updates to the Administrator, on a quarterly basis, of --

(I) the completion of activities by the agency under the FDCCI;

(II) any progress of the agency towards meeting the Government-wide data center performance metrics described in subparagraphs (C) and (G) of paragraph (2); and

(III) the actual cost savings realized through the implementation of the FDCCI.

(F) Rule of construction.--Nothing in this paragraph shall be construed to limit the reporting of information by any agency described in subparagraph (F) to the Administrator, the Director of the Office of Management and Budget, or to Congress .

(2) Administrator responsibilities.--The Administrator shall--

(A) establish the deadline, on an annual basis, for agencies to submit information under this section;

(B) establish a list of requirements that the agencies must meet to be considered in compliance with paragraph (1);

(C) ensure that each certification submitted under paragraph (1)(C) and information relating to agency progress towards meeting the Government-wide total cost of ownership optimization and consolidation metrics is made available in a timely manner to the general public;

(D) review the plans submitted under paragraph (1) to determine whether each plan is comprehensive and complete;

(E) monitor the implementation of the data center plan of each agency described in paragraph (1)(A)(ii);

(F) update, on an annual basis, the cumulative cost savings realized through the implementation of the agency plans; and

(G) establish Government-wide data center total cost of ownership optimization and consolidation metrics.

(3) Cost saving goal and updates for congress.--

(A) In general.--Not later than 270 days after the date of enactment of this Act, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings.

(B) Annual update.--

(i) In general.--Not later than 1 year after the date on which the goal described in subparagraph (A) is determined and each year thereafter until the end of 2018, the Administrator shall aggregate the savings achieved to date, by each relevant agency, through the FDCCI as compared to the projected savings developed under subparagraph (A) (based on data collected from each affected agency under paragraph

(1)).

(ii) Update for congress.--The report required under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by each agency described in subsection paragraph (1)(E) on--

(I) whether each agency has in fact submitted a comprehensive asset inventory, including an assessment broken down by agency, which shall include the specific numbers, utilization, and efficiency level of data centers; and

(II) whether each agency has submitted a comprehensive consolidation plan with the key elements described in paragraph (1)(A)(ii).

(iii) Request for reports.--Upon request from the Committee on Homeland Security and Governmental Affairs of the Senate or the Committee on Oversight and Government Reform of the House of Representatives, the head of an agency described in paragraph (1)(E) or the Director of the Office of Management and Budget shall submit to the requesting committee any report or information submitted to the Office of Management and Budget for the purpose of preparing a report required under clause (i) or an updated progress report required under clause (ii).

(4) GAO review.--

(A) In general.--During the 5-fiscal-year period following the date of enactment of this Act, the Comptroller General of the United States shall review the quality and completeness of each agency's asset inventor and plans required under paragraph (1)(A).

(B) Report.--The Comptroller General of the United States shall, on an annual basis during the 5-fiscal-year period following the date of enactment of this Act, publish a report on each review conducted under subparagraph (A) of an agency during the fiscal year for which the report is published.

(c) Ensuring Cybersecurity Standards for Data Center Consolidation and Cloud Computing.--An agency required to implement a data center consolidation plan under this Act and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including--

(1) applicable provisions found within the Federal Risk and Authorization Management Program (FedRAMP); and

(2) guidance published by the National Institute of Standards and Technology.

(d) Classified Information.--The Director of National Intelligence may waive the requirements of this Act for any element (or component of an element) of the intelligence community.

(e) Sunset.--This section is repealed effective on October 1, 2018.

______

SA 1878. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4___. STUDY ON BENEFITS OF COMMERCIAL BUILDING ENERGY

CODE COMPLIANCE.

(a) In General.--The Secretary shall conduct a study of--

(1) the quantified energy savings and quantified nonenergy benefits of achieving full compliance with national model building energy codes (including any additional energy savings) if all new commercial building construction--

(A) meets national model building energy codes;

(B) exceeds national model codes by 30 percent; and

(2) the quantified energy saving and quantified nonenergy benefits realized from conducting comprehensive or deep retrofits in existing commercial buildings, including the effect that expanding the retrofit program would have with respect to--

(A) the United States as a whole; and

(B) 2 States selected for study.

(b) Requirements.--

(1) In general.--In carrying out studies under subsection

(a), the Secretary shall--

(A) include in nonenergy benefits improved health of building occupants and the general population, and greater office productivity that may be achieved from the adoption of national model building energy codes; and

(B) for each of the scenarios described in subsection

(a)(1), calculate the societal return on investment from full implementation of national model building energy codes, with and without nonenergy benefits.

(2) Deadline.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete the studies required under subsection (a).

______

SA 1879. Mr. SESSIONS (for himself and Mr. Pryor) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4__. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR

CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND

WATER HEATER PRODUCTS.

Section 326(b) of the Energy Policy and Conservation Act

(42 U.S.C. 6296(b)) is amended by adding at the end the following:

``(6) Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products.--

``(A) In general.--For the purpose of receiving reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342 for covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), and for the purpose of routine testing to verify the product ratings of the covered products and equipment, the Secretary and Administrator shall rely on voluntary certification programs that--

``(i) are nationally recognized;

``(ii) maintain a publicly available list of all certified models;

``(iii)(I) unless the Secretary allows the verification testing of fewer product families, annually test at least 20 percent of product families to verify the product ratings of the product families; and

``(II) provide to the Secretary a list of product families whose product ratings are to be verified to allow the Secretary, to the maximum extent practicable, to identify any additional models as priorities for verification testing;

``(iv) require the changing of product ratings or removal of products from the program to reflect verified test ratings for products that are determined to have ratings that do not meet the levels the manufacturer has certified to the Secretary;

``(v) require the qualification of new participants in the program through testing and production of test reports;

``(vi) allow for challenge testing of products covered within the scope of the program;

``(vii) require program participants to certify all products within the scope of the program;

``(viii) are conducted by a certification body that is accredited under International Organization for Standardization/ International Electrotechnical Commission

(ISO/IEC) Standard 17065;

``(ix) provide to the Secretary--

``(I) an annual report of all test results;

``(II) prompt notification when program testing results in rerating of product performance or delisting of a product; and

``(III) test reports on the request of the Secretary;

``(x) use verification testing that--

``(I) is conducted by an independent third-party test laboratory that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products;

``(II) follows the test procedures established under this title; and

``(III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and

``(xi) satisfy such other requirements as the Secretary has determined--

``(I) are essential to ensure standards compliance; or

``(II) have consensus support achieved through a negotiated rulemaking process.

``(B) Administration.--

``(i) In general.--The Secretary shall not require--

``(I) manufacturers to participate in a voluntary certification program described in subparagraph (A); or

``(II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (A).

``(ii) Reduction of requirements.--Any rules promulgated by the Secretary that require testing of products for verification of product ratings shall reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (A) for the products relative to other manufacturers.

``(iii) Periodic testing by program nonparticipants.--In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph

(A)--

``(I) to verify the accuracy of the product ratings of the manufacturer through periodic testing using verification testing described in subparagraph (A)(x); and

``(II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each product family of the manufacturer.

``(iv) Restrictions on test laboratories.--

``(I) In general.--Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (A) shall not be a test laboratory that conducts the testing on products covered within the scope of the program.

``(II) Limitation.--Subclause (I) shall not apply to Energy Star specifications established under section 324A.

``(v) Effect on other authority.--Nothing in this paragraph limits the authority of the Secretary to test products or to enforce compliance with any law (including regulations).''.

______

SA 1880. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE V--ENERGY FREEDOM AND ECONOMIC PROSPERITY

SEC. 501. REFERENCE TO 1986 CODE.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

Subtitle A--Repeal of Energy Tax Subsidies

SEC. 511. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND

ALTERNATIVE FUEL MIXTURES.

(a) In General.--Section 6426 is repealed.

(b) Conforming Amendments.--

(1) Paragraph (1) of section 4101(a) is amended by striking

``or alcohol (as defined in section 6426(b)(4)(A)''.

(2) Paragraph (2) of section 4104(a) is amended by striking

``6426, or 6427(e)''.

(3) Section 6427 is amended by striking subsection (e).

(4) Subparagraph (E) of section 7704(d)(1) is amended--

(A) by inserting ``(as in effect on the day before the date of the enactment of the Energy Savings and Industrial Competitiveness Act of 2013)'' after ``of section 6426'', and

(B) by inserting ``(as so in effect)'' after ``section 6426(b)(4)(A)''.

(5) Paragraph (1) of section 9503(b) is amended by striking the second sentence.

(c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426.

(d) Effective.--

(1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act.

(2) Liquefied hydrogen.--In the case of any alternative fuel or alternative fuel mixture (as defined in subsection

(d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014.

SEC. 512. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL CELL

MOTOR VEHICLES.

(a) In General.--Section 30B is repealed.

(b) Conforming Amendments.--

(1) Subparagraph (A) of section 24(b)(3) is amended by striking ``, 30B''.

(2) Paragraph (2) of section 25B(g) is amended by striking

``, 30B,''.

(3) Subsection (b) of section 38 is amended by striking paragraph (25).

(4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively.

(5) Subsection (m) of section 6501 is amended by striking

``, 30B(h)(9)''.

(c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B.

(d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

SEC. 513. EARLY TERMINATION OF NEW QUALIFIED PLUG-IN ELECTRIC

DRIVE MOTOR VEHICLES.

(a) In General.--Section 30D is repealed.

(b) Effective Date.--The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act.

SEC. 514. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING

PROPERTY CREDIT.

(a) In General.--Section 30C is repealed.

(b) Conforming Amendments.--

(1) Subsection (b) of section 38 is amended by striking paragraph (26).

(2) Paragraph (3) of section 55(c) is amended by striking

``, 30C(d)(2),''.

(3) Subsection (a) of section 1016, as amended by section 102 of this Act, is amended by striking paragraph (35) and by redesignating paragraph (36) as paragraph (35).

(4) Subsection (m) of section 6501 is amended by striking

``, 30C(e)(5)''.

(c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C.

(d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

SEC. 515. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.

(a) In General.--Section 40 is repealed.

(b) Conforming Amendments.--

(1) Subsection (b) of section 38 is amended by striking paragraph (3).

(2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through

(14) as paragraphs (3) through (13), respectively.

(3) Paragraph (1) of section 4101(a) is amended by striking

``, and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E))''.

(4) Paragraph (1) of section 4104(a) is amended by striking

``, 40''.

(c) Effective Date.--The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act.

SEC. 516. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL

USED AS FUEL.

(a) In General.--Section 40A is repealed.

(b) Conforming Amendment.--

(1) Subsection (b) of section 38 is amended by striking paragraph (17).

(2) Section 87 is repealed.

(3) Subsection (c) of section 196, as amended by section 105 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs

(10), (11), and (12), respectively.

(4) Paragraph (1) of section 4101(a) is amended by striking

``, every person producing or importing biodiesel (as defined in section 40A(d)(1)''.

(5) Paragraph (1) of section 4104(a) is amended by striking

``, and 40A''.

(6) Subparagraph (E) of section 7704(d)(1) is amended by inserting ``(as so in effect)'' after ``section 40A(d)(1)''.

(c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A.

(d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act.

SEC. 517. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

(a) In General.--Section 43 is repealed.

(b) Conforming Amendments.--

(1) Subsection (b) of section 38 is amended by striking paragraph (6).

(2) Paragraph (4) of section 45Q(d) is amended by inserting

``(as in effect on the day before the date of the enactment of the Energy Savings and Industrial Competitiveness Act of 2013)'' after ``section 43(c)(2)''.

(3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively.

(c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43.

(d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred after December 31, 2014.

SEC. 518. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM

CERTAIN RENEWABLE RESOURCES.

(a) Wind.--Subsection (d) of section 45 is amended by striking ``January 1, 2014'' in paragraph (1) and inserting

``the date of the enactment of the Energy Savings and Industrial Competitiveness Act of 2013''.

(b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is amended by striking ``8-year period'' each place it appears and inserting ``7-year period''.

(1) Wind.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act.

(2) Indian coal.--The amendments made by subsection (b) shall apply to coal produced after December 31, 2012.

(3) Other qualified energy resources.--For termination of other qualified energy resources for property placed in service after December 31, 2013, see section 45 of the Internal Revenue Code of 1986.

SEC. 519. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM

MARGINAL WELLS.

(a) In General.--Section 45I is repealed.

(b) Conforming Amendment.--Subsection (b) of section 38 is amended by striking paragraph (19).

(c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I.

(d) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014.

SEC. 520. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED

NUCLEAR POWER FACILITIES.

(a) In General.--Subparagraph (B) of section 45J(d)(1) is amended by striking ``January 1, 2021'' and inserting

``January 1, 2015''.

(b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

SEC. 521. REPEAL OF CREDIT FOR CARBON DIOXIDE SEQUESTRATION.

(a) In General.--Section 45Q is repealed.

(b) Effective Date.--The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014.

SEC. 522. TERMINATION OF ENERGY CREDIT.

(a) In General.--Section 48 is amended--

(1) by striking ``January 1, 2017'' each place it appears and inserting ``January 1, 2015'', and

(2) by striking ``December 31, 2016'' each place it appears and inserting ``December 31, 2014''.

(b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

SEC. 523. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.

(a) In General.--Section 48A is repealed.

(b) Conforming Amendment.--Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4),

(5), and (6) as paragraphs (3), (4), and (5), respectively.

(c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A.

(d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

SEC. 524. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

(a) In General.--Section 48B is repealed.

(b) Conforming Amendment.--Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and

(4), respectively.

(c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B.

(d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2014.

Subtitle B--Reduction of Corporate Income Tax Rate

SEC. 531. CORPORATE INCOME TAX RATE REDUCED.

(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) of the Internal Revenue Code of 1986 to such a flat rate as the Secretary estimates would result in--

(1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to

(2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act.

(b) Effective Date.--The rate prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

______

SA 1881. Mr. PRYOR (for himself, Mr. Alexander, Mr. Begich, Mr. Boozman, Mr. Coons, Mr. Heinrich, Mr. Tester, and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4__. QUADRENNIAL ENERGY REVIEW.

(a) Findings.--Congress finds that--

(1) the President's Council of Advisors on Science and Technology recommends that the United States develop a Government wide Federal energy policy and update the policy regularly with strategic Quadrennial Energy Reviews similar to the reviews conducted by the Department of Defense;

(2) as the lead agency in support of energy science and technology innovation, the Department of Energy has conducted a Quadrennial Technology Review of the energy technology policies and programs of the Department;

(3) the Quadrennial Technology Review of the Department of Energy serves as the basis for coordination with other agencies and on other programs for which the Department has a key role;

(4) a Quadrennial Energy Review would--

(A) establish integrated, Government wide national energy objectives in the context of economic, environmental, and security priorities;

(B) coordinate actions across Federal agencies;

(D) provide a strong analytical base for Federal energy policy decisions;

(5) a Quadrennial Energy Review should be established taking into account estimated Federal budgetary resources;

(6) the development of an energy policy resulting from a Quadrennial Energy Review would--

(A) enhance the energy security of the United States;

(B) create jobs; and

(7) while a Quadrennial Energy Review will be a product of the executive branch, the review will have substantial input from--

(A) Congress;

(B) the energy industry;

(D) nongovernmental organizations; and

(E) the public.

(b) Quadrennial Energy Review.--Section 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended to read as follows:

``SEC. 801. QUADRENNIAL ENERGY REVIEW.

``(a) Definitions.--In this section:

``(1) Director.--The term `Director' means the Director of the Office of Science and Technology Policy within the Executive Office of the President.

``(2) Federal laboratory.--

``(A) In general.--The term `Federal Laboratory' has the meaning given the term `laboratory' in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)).

``(B) Inclusion.--The term `Federal Laboratory' includes a federally funded research and development center sponsored by a Federal agency.

``(3) Interagency energy coordination council.--The term

`interagency energy coordination council' means a council established under subsection (b)(1).

``(4) Quadrennial energy review.--The term `Quadrennial Energy Review' means a comprehensive multiyear review, coordinated across Federal agencies, that--

``(A) focuses on energy programs and technologies;

``(B) establishes energy objectives across the Federal Government; and

``(C) covers each of the areas described in subsection

(d)(2).

``(b) Interagency Energy Coordination Council.--

``(1) Establishment.--Not later than 90 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013, and every 4 years thereafter, the President shall establish an interagency energy coordination council to coordinate the Quadrennial Energy Review.

``(2) Co-chairpersons.--The appropriate senior Federal Government official designated by the President and the Director shall be co-chairpersons of the interagency energy coordination council.

``(3) Membership.--The interagency energy coordination council shall be comprised of representatives at level I or II of the Executive Schedule of--

``(A) the Department of Energy;

``(B) the Department of Commerce;

``(C) the Department of Defense;

``(D) the Department of State;

``(E) the Department of the Interior;

``(F) the Department of Agriculture;

``(G) the Department of the Treasury;

``(H) the Department of Transportation;

``(I) the Office of Management and Budget;

``(J) the National Science Foundation;

``(K) the Environmental Protection Agency; and

``(L) such other Federal organizations, departments, and agencies that the President considers to be appropriate.

``(c) Conduct of Review.--Each Quadrennial Energy Review shall be conducted to provide an integrated view of important national energy objectives and Federal energy policy, including the maximum practicable alignment of research programs, incentives, regulations, and partnerships.

``(d) Submission of Quadrennial Energy Review to Congress.--

``(1) In general.--Not later than August 1, 2015, and every 4 years thereafter, the President shall publish and submit to Congress a report on the Quadrennial Energy Review.

``(2) Inclusions.--The report described in paragraph (1) should include, as appropriate--

``(A) an integrated view of short-, intermediate-, and long-term objectives for Federal energy policy in the context of economic, environmental, and security priorities;

``(B) anticipated Federal actions (including programmatic, regulatory, and fiscal actions) and resource requirements--

``(i) to achieve the objectives described in subparagraph

(A); and

``(ii) to be coordinated across multiple agencies;

``(C) an analysis of the prospective roles of parties

(including academia, industry, consumers, the public, and Federal agencies) in achieving the objectives described in subparagraph (A), including--

``(i) an analysis, by energy use sector, including--

``(I) commercial and residential buildings;

``(II) the industrial sector;

``(III) transportation; and

``(IV) electric power;

``(ii) requirements for invention, adoption, development, and diffusion of energy technologies that are mapped onto each of the energy use sectors; and

``(iii) other research that inform strategies to incentivize desired actions;

``(D) an assessment of policy options to increase domestic energy supplies and energy efficiency;

``(E) an evaluation of energy storage, transmission, and distribution requirements, including requirements for renewable energy;

``(F) an integrated plan for the involvement of the Federal Laboratories in energy programs;

``(G) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy programs;

``(H) a mapping of the linkages among basic research and applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies;

``(I) an identification of, and projections for, demonstration projects, including timeframes, milestones, sources of funding, and management;

``(J) an identification of public and private funding needs for various energy technologies, systems, and infrastructure, including consideration of public-private partnerships, loans, and loan guarantees;

``(K) an assessment of global competitors and an identification of programs that can be enhanced with international cooperation;

``(L) an identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies, including consideration of--

``(i) Federal tax policies; and

``(ii) the role of Federal agencies as early adopters and purchasers of new energy technologies;

``(M) a priority list for implementation of objectives and actions taking into account estimated Federal budgetary resources;

``(N) an analysis of--

``(i) points of maximum leverage for policy intervention to achieve outcomes; and

``(ii) areas of energy policy that can be most effective in meeting national goals for the energy sector; and

``(O) recommendations for executive branch organization changes to facilitate the development and implementation of Federal energy policies.

``(e) Interim Reports.--The President may prepare and publish interim reports as part of the Quadrennial Energy Review.

``(f) Executive Secretariat.--

``(1) In general.--The Secretary of Energy shall provide the Quadrennial Energy Review with an Executive Secretariat who shall make available the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section.

``(2) Cooperation.--The heads of applicable Federal agencies shall cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section.''.

(c) Administration.--Nothing in this section or an amendment made by this section supersedes, modifies, amends, or repeals any provision of Federal law not expressly superseded, modified, amended, or repealed by this section.

______

SA 1882. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4_____. SPILL PREVENTION, CONTROL, AND COUNTERMEASURE

RULE.

(a) Definitions.--In this subsection:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Farm.--The term ``farm'' has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations )).

(3) Spill prevention, control, and countermeasure rule.--The term ``Spill Prevention, Control, and Countermeasure rule'' means the Spill Prevention, Control, and Countermeasure rule, including amendments to that rule, promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(b) Restrictions on Enforcement.--

(1) In general.--The Administrator shall not enforce with respect to any farm the Spill, Prevention, Control, and Countermeasure rule for any violation of that rule that occurs during the period beginning on the date of enactment of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) and ending on September 30, 2013.

(2) Restriction on enforcement beginning in fiscal year 2014.--Beginning on October 1, 2013, the Administrator shall not enforce with respect to any farm the Spill, Prevention, Control, and Countermeasure rule in any State until the date on which the Administrator has offered to brief each agriculture group and crop growing association in that State on that rule.

______

SA 1883. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 47, between lines 16 and 17, insert the following:

SEC. 4___. LEAD-BASED PAINT ACTIVITIES TRAINING AND

CERTIFICATION.

Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended by striking paragraph (2) and inserting the following:

``(2) Study of certification.--

``(A) In general.--Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013, the Administrator shall conduct, submit to Congress, and make available for public comment

(after peer review) the results of, a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, Federal and public buildings constructed before 1978, or commercial buildings--

``(i) are exposed to lead in the conduct of such activities; and

``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of such activities.

``(B) Scope and coverage.--The study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of that subparagraph with respect to each separate building type described in that subparagraph, as the regulation to be proposed would apply to each building type.''.

``(C) Consultation.--The Administrator shall consult with Federal, other Governmental, non-profit and private sector owners and managers of residential and commercial buildings as it conducts the study under subparagraph (A).''

______

SA 1884. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 48, after line 16, add the following:

SEC. 4__. STATE OPTION OF NON-PARTICIPATION IN RENEWABLE FUEL

STANDARD.

Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended by adding at the end the following:

``(vi) Election of non-participation by state government.--

``(I) In general.--For purposes of subparagraph (A), the applicable volume of renewable fuel as determined under this subparagraph shall be adjusted in accordance with this clause.

``(II) Requirements.--On passage by a State legislature and signature by the Governor of the State of a law that elects to not participate in the applicable volume of renewable fuel in accordance with this clause, the Administrator shall allow a State to not participate in the applicable volume of renewable fuel determined under clause (i).

``(III) Reduction.--On the election of a State under subclause (II), the Administrator shall reduce the applicable volume of renewable fuel determined under clause (i) by the percentage that reflects the national gasoline consumption of the non-participating State that is attributable to that State.

``(IV) Credits to hold fuel sales harmless.--On the election of a State under subclause (II), the Administrator shall provide for the generation of credits for all gasoline (regardless of whether the gasoline is blended) provided through a fuel terminal in the State to be calculated as though the gasoline were blended with the maximum allowable ethanol content of gasoline allowed in that State to apply toward the applicable volume of renewable fuel determined under clause (i).''.

______

SA 1885. Ms. LANDRIEU (for herself and Mr. Wicker) submitted an amendment intended to be proposed by her to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

On page 36, after line 21, add the following:

SEC. 21_. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR

PROGRAM.

Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the following:

``(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.''.

______

SA 1886. Ms. LANDRIEU (for herself, Mr. Wicker, and Mr. Pryor) submitted an amendment intended to be proposed by her to the bill S. 1392, to promote energy savings in residential buildings and industry, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title III, add following:

SEC. 304. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE

STANDARDS.

Section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)) is amended--

(1) in clause (i), by striking subclause (III) and inserting the following:

``(III) Sustainable design principles.--

``(aa) In general.--Sustainable design principles shall be applied to the siting, design, and construction of buildings covered by this clause.

``(bb) 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.

``(cc) Basis for selection.--The determination of the certification systems 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 (iii).

``(dd) Administration.--In determining certification systems under this subclause, the Secretary shall--

``(AA) make a separate determination for all or part of each system;

``(BB) confirm that the criteria used to support the selection of building products, materials, brands, and technologies are fair and neutral (meaning that such criteria are based on an objective assessment of relevant technical data), do not prohibit, disfavor, or discriminate against selection based on technically inadequate information to inform human or environmental risk, and are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures; and

``(CC) use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines.'';

(2) in clause (iii), by striking ``identifying the green building certification system and level'' and inserting

``determining the green building certification systems'';

(3) by redesignating clauses (vi) and (vii) as clauses

(vii) and (viii), respectively;

(4) by striking clauses (iv) and (v) and inserting the following:

``(iv) 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 (iii); 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)).

``(v) Exclusions.--

``(I) In general.--Subject to subclause (II), if a certification system fails to meet the review requirements of clause (i)(III), the Secretary shall--

``(aa) identify the portions of the system, whether prerequisites, credits, points, or otherwise, that meet the review criteria of clause (i)(III);

``(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.

``(vi) 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 (i)(III).''; and

(5) by adding at the end the following:

``(ix) Effective date.--

``(I) Determinations made after december 31, 2015.--The amendments made by section 405 of the Energy Savings and Industrial Competitiveness Act of 2013 shall apply to any determination made by a Federal agency after December 31, 2015.

``(II) Determinations made on or before december 31, 2015.--This subparagraph (as in effect on the day before the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2013) shall apply to any use of a certification system for green commercial and residential buildings by a Federal agency on or before December 31, 2015.''.

SEC. 305. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

Section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) is amended--

(1) in the subsection heading, by striking ``System'' and inserting ``Systems'';

(2) by striking paragraph (1) and inserting the following:

``(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.''; and

(3) in paragraph (2)--

(A) in the matter preceding subparagraph (A), by striking

``system'' and inserting ``systems'';

(B) by striking subparagraph (A) and inserting the following:

``(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;'';

(D) in subparagraph (F), by striking the period at the end and inserting a semicolon; and

(E) by adding at the end the following:

``(G) a finding that, for all credits addressing grown, harvested, or mined materials, the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing; and

``(H) a finding that the system incorporates life-cycle assessment as a credit pathway.''.

____________________

SOURCE: Congressional Record Vol. 159, No. 119

Sept. 11, 2013 sees Congressional Record publish “TEXT OF AMENDMENTS”

Sept. 11, 2013 sees Congressional Record publish “TEXT OF AMENDMENTS”

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