[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 765 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 765

  To appropriately determine the budgetary effects of energy savings 
      performance contracts and utility energy service contracts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2015

  Mr. Portman (for himself and Mr. Gardner) introduced the following 
 bill; which was read twice and referred to the Committee on the Budget

_______________________________________________________________________

                                 A BILL


 
  To appropriately determine the budgetary effects of energy savings 
      performance contracts and utility energy service contracts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTAIN ENERGY CONTRACTS.

    (a) Definition.--In this section, the term ``covered energy savings 
contract'' means--
            (1) an energy savings performance contract authorized under 
        section 801 of the National Energy Conservation Policy Act (42 
        U.S.C. 8287); and
            (2) a utility energy service contract, as described in the 
        Office of Management and Budget Memorandum on Federal use of 
        energy savings performance contracting, dated July 25, 1998 (M-
        98-13), and the Office of Management and Budget Memorandum on 
        the Federal use of energy saving performance contracts and 
        utility energy service contracts, dated September 28, 2012 (M-
        12-21), or any successor to either memorandum.
    (b) Estimates.--In the Senate, for purposes of enforcing any point 
of order established under the Congressional Budget Act of 1974 (2 
U.S.C. 621 et seq.) or any concurrent resolution on the budget, any 
estimate by the Congressional Budget Office of the changes in budget 
authority, outlays, and revenues of a provision in a bill, joint 
resolution, amendment, conference report, or amendment between the 
Houses modifying the authority to enter, the scope or terms of, or the 
use of covered energy savings contracts shall--
            (1) record in the first year in which the authority would 
        become effective, the changes in budget authority, outlays, and 
        revenues (as estimated in accordance with paragraph (2)) of any 
        modifications to the authority to enter the covered energy 
        savings contracts;
            (2) in estimating the changes in budget authority, outlays, 
        and revenues of the legislation, calculate the costs and 
        savings arising from covered contracts on a net present value 
        basis by adding market risk over the useful life of the 
        services or product to the discount rate in section 502(5)(E) 
        of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(E)); 
        and
            (3) classify the effects of the provision to be changes in 
        spending subject to the availability of appropriations.
    (c) Rule of Construction.--Nothing in subsection (b) shall be 
construed to modify the methodology for estimating the changes in 
budget authority, outlays, and revenues of a provision that does not 
relate to covered energy savings contracts in a bill, joint resolution, 
amendment, conference report, or amendment between the Houses that 
contains a provision described in subsection (b).
    (d) Exercise of Rulemaking Powers.--Congress adopts the provisions 
of this section--
            (1) as an exercise of the rulemaking power of the Senate, 
        and as such they shall be considered as part of the rules of 
        the Senate and such rules shall supersede other rules only to 
        the extent that they are inconsistent with such other rules; 
        and
            (2) with full recognition of the constitutional right of 
        the Senate to change those rules at any time, in the same 
        manner, and to the same extent as is the case of any other rule 
        of the Senate.
                                 <all>