[Congressional Record Volume 159, Number 112 (Wednesday, July 31, 2013)]
[Senate]
[Pages S6135-S6137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1832. Mr. KING (for himself and Ms. Heitkamp) submitted an 
amendment intended to be proposed by him to the bill S. 1243, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the

[[Page S6136]]

fiscal year ending September 30, 2014, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 91, line 8, strike the period and insert ``: 
     Provided further, That the Secretary shall notify public 
     housing agencies of their annual formula allocation not later 
     than 90 days after the date of enactment of this Act: 
     Provided further, That the Secretary may extend the 
     notification period established in the prior proviso with the 
     prior written approval of the House and Senate Committees on 
     Appropriations.''.
                                 ______
                                 
  SA 1833. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill S. 1243, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 74, line 18, strike ``$521,375,000'' and insert 
     ``$516,375,000''.
       On page 98, line 5, strike ``$3,295,000,000'' and insert 
     ``$3,300,000,000''.
       On page 98, line 11, after the colon insert ``Provided 
     further, That of the total amounts made available under this 
     heading, $5,000,000 is for carrying out grants to assist 
     tribal colleges and universities under the Tribal Colleges 
     and Universities Program pursuant to section 107 of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5307):''.
                                 ______
                                 
  SA 1834. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1243, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 75, line 8, strike ``$193,600,000'' and insert 
     ``$191,100,000''.
       On page 84, line 10, strike ``$78,000,000'' and insert 
     ``$80,500,000''.
                                 ______
                                 
  SA 1835. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1243, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 85, line 21, after the semicolon insert ``Provided 
     further, That the Secretary of Housing and Urban Development 
     and the Secretary of Veterans Affairs shall, in administering 
     and distributing rental voucher assistance funded under this 
     paragraph, give consideration to the unique challenges of 
     identifying homeless veterans in rural areas during point in 
     time counts, and adjust their rental voucher assistance 
     allocations accordingly:''
                                 ______
                                 
  SA 1836. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 1243, making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2014, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 74, between lines 8 and 9, insert the following:
       Sec. 192. (a) The Surface Transportation Board shall 
     investigate any complaint filed by any office or agency of 
     the State of Illinois concerning a freight railroad's actions 
     to delay or obstruct studies, access, investigations, or 
     planning of a new or existing intercity passenger rail route 
     in Illinois.
       (b) The Surface Transportation Board is authorized to award 
     damages and other relief pursuant to section 24308 of title 
     49, United States Code, if the Board finds that a freight 
     railroad--
       (1) has delayed studies, access, investigations, or 
     planning of a new or existing intercity passenger rail route 
     in Illinois; or
       (2) is deemed to have failed to negotiate with any agency 
     or office of the State of Illinois on any such route.
                                 ______
                                 
  SA 1837. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 1243, making appropriations for the 
Departments of Transportation, and Housing and Urban Development, and 
related agencies for the fiscal year ending September 30, 2014, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 169, between lines 22 and 23, insert the following:

     SEC. 244. 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.
       (c) Plan and Reports.--
       (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 1838. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1243, making appropriations for the Departments 
of Transportation, and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2014, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S6137]]

     SEC. ___. TECHNICAL CORRECTION RELATING TO FORMULA GRANTS FOR 
                   PUBLIC TRANSPORTATION.

       Section 5336(b)(2)(E) of title 49, United States Code, is 
     amended by striking ``22.27 percent'' and inserting ``27 
     percent''.
                                 ______
                                 
  SA 1839. Mr. PRYOR (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed by him to the bill S. 1243, making 
appropriations for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2014, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 74, between lines 8 and 9, insert the following:
       Sec. 192. (a)(1) Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Transportation, 
     acting through the Pipeline and Hazardous Materials Safety 
     Administration (referred to in this section as the 
     ``Secretary''), shall publish on the website of the 
     Department of Transportation the following information 
     relating to the rupture of the Pegasus pipeline in the State 
     of Arkansas:
       (A) A summarized analysis of the ExxonMobil 2010 and 2013 
     in-line inspection reports or the full reports.
       (B) A summarized analysis of the ExxonMobil 2006 
     hydrostatic test report or the full report.
       (C) The 2013 metallurgical report.
       (2) The Secretary shall publish the information required 
     under paragraph (1) in full, with limited redactions allowed 
     under paragraphs (4) and (7)(A) of section 552(b) of title 5, 
     United States Code.
       (b) Not later than 90 days after the date of enactment of 
     this Act, the Secretary shall submit to the appropriate 
     committees of Congress (including the Committees on 
     Appropriations of the House of Representatives and the 
     Senate) a report that--
       (1) describes the status of the investigation of the 
     Secretary of the rupture of the Pegasus pipeline;
       (2) contains an evaluation of the integrity of the 
     remaining pipeline; and
       (3) provides recommendations for improving future pipeline 
     inspections, testing, and monitoring.

                          ____________________