[Congressional Record Volume 159, Number 113 (Thursday, August 1, 2013)]
[Senate]
[Pages S6238-S6245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1840. Mr. COONS 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 III, add the following:

     SEC. 3__. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN 
                   FEDERAL BUILDINGS.

       (a) Findings.--Congress finds the following:
       (1) Private sector funding and expertise can help address 
     the energy efficiency challenges facing the United States.
       (2) The Federal Government spends more than $6 billion 
     annually in energy costs.
       (3) Reducing Federal energy costs can help save money, 
     create jobs, and reduce waste.
       (4) Energy savings performance contracts and utility energy 
     savings contracts are tools for utilizing private sector 
     investment to upgrade Federal facilities without any up-front 
     cost to the taxpayer.
       (5) Performance contracting is a way to retrofit Federal 
     buildings using private sector investment in the absence of 
     appropriated dollars. Retrofits seek to reduce energy use, 
     improve infrastructure, protect national security, and cut 
     facility operations and maintenance costs.
       (b) Implementation of Identified Energy and Water 
     Efficiency Measures.--Section 543(f)(4) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is 
     amended to read as follows:
       ``(4) Implementation of identified energy and water 
     efficiency measures.--
       ``(A) In general.--Not later than 2 years after the 
     completion of each evaluation under paragraph (3), each 
     energy manager shall consider--
       ``(i) implementing any energy- or water-saving or 
     conservation measure that the Federal agency identified in 
     the evaluation conducted under paragraph (3) that is life 
     cycle cost-effective; and
       ``(ii) bundling individual measures of varying paybacks 
     together into combined projects.
       ``(B) Measures not implemented.--The energy manager, as 
     part of the certification system under paragraph (7) and 
     using guidelines developed by the Secretary, shall provide 
     reasons for not implementing any life cycle cost-effective 
     measures under subparagraph (A).''.
       (c) Annual Contracting Goal.--Section 543(f)(10)(C) of the 
     National Energy Conservation Policy Act (42 U.S.C. 
     8253(f)(10)(C)) is amended--
       (1) by striking ``Each Federal agency'' and inserting the 
     following:
       ``(i) In general.--Each Federal agency''; and
       (2) by adding at the end the following new clauses:
       ``(ii) Tracking.--Each Federal agency shall use the 
     benchmarking systems selected or developed for the agency 
     under paragraph (8) to track energy savings realized by the 
     agency through the implementation of energy- or water-saving 
     or conservation measures pursuant to paragraph (4), and shall 
     submit information regarding such savings to the Secretary to 
     be published on a public website of the Department of Energy.
       ``(iii) Consideration.--Each Federal agency shall consider 
     using energy savings performance contracts or utility energy 
     service contracts to implement energy- or water-saving or 
     conservation measures pursuant to paragraph (4).
       ``(iv) Contracting goal.--It shall be the goal of the 
     Federal Government, in the implementation of energy- or 
     water-saving or conservation measures pursuant to paragraph 
     (4), to enter into energy savings performance contracts or 
     utility energy service contracts equal to $1,000,000,000 in 
     each year during the 5-year period beginning on January 1, 
     2014.
       ``(v) Report to congress.--Not later than September 30 of 
     each year during the 5-year period referred to in clause 
     (iv), each Federal agency shall submit to the Secretary 
     information regarding progress made by the agency towards 
     achieving the goal described in such clause. Not later than 
     60 days after each such September 30, the Secretary, acting 
     through the Federal Energy Management Program, shall submit 
     to the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report describing the progress made 
     by the Federal Government towards achieving such goal.''.
                                 ______
                                 
  SA 1841. Mr. COONS 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:

       After section 401, insert the following:

     SEC. __. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP 
                   STRUCTURE TO ENERGY POWER GENERATION PROJECTS, 
                   TRANSPORTATION FUELS, AND RELATED ENERGY 
                   ACTIVITIES.

       (a) Short Title.--This section may be cited as the ``Master 
     Limited Partnerships Parity Act''.
       (b) General Rule.--Subparagraph (E) of section 7704(d)(1) 
     of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``income and gains derived from the 
     exploration'' and inserting ``income and gains derived from 
     the following:
       ``(i) Minerals, natural resources, etc.--The exploration'',

[[Page S6239]]

       (2) by inserting ``or'' before ``industrial source'',
       (3) by inserting a period after ``carbon dioxide'', and
       (4) by striking ``, or the transportation or storage'' and 
     all that follows and inserting the following:
       ``(ii) Renewable energy.--The generation of electric power 
     exclusively utilizing any resource described in section 
     45(c)(1) or energy property described in section 48 
     (determined without regard to any termination date), or in 
     the case of a facility described in paragraph (3) or (7) of 
     section 45(d) (determined without regard to any placed in 
     service date or date by which construction of the facility is 
     required to begin), the accepting or processing of such 
     resource.
       ``(iii) Electricity storage devices.--The receipt and sale 
     of electric power that has been stored in a device directly 
     connected to the grid.
       ``(iv) Combined heat and power.--The generation, storage, 
     or distribution of thermal energy exclusively utilizing 
     property described in section 48(c)(3) (determined without 
     regard to subparagraphs (B) and (D) thereof and without 
     regard to any placed in service date).
       ``(v) Renewable thermal energy.--The generation, storage, 
     or distribution of thermal energy exclusively using any 
     resource described in section 45(c)(1) or energy property 
     described in clause (i) or (iii) of section 48(a)(3)(A).
       ``(vi) Waste heat to power.--The use of recoverable waste 
     energy, as defined in section 371(5) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6341(5)) (as in effect on the 
     date of the enactment of the Master Limited Partnerships 
     Parity Act).
       ``(vii) Renewable fuel infrastructure.--The storage or 
     transportation of any fuel described in subsection (b), (c), 
     (d), or (e) of section 6426.
       ``(viii) Renewable fuels.--The production, storage, or 
     transportation of any renewable fuel described in section 
     211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) 
     (as in effect on the date of the enactment of the Master 
     Limited Partnerships Parity Act) or section 40A(d)(1).
       ``(ix) Renewable chemicals.--The production, storage, or 
     transportation of any renewable chemical (as defined in 
     paragraph (6)).
       ``(x) Energy efficient buildings.--The audit and 
     installation through contract or other agreement of any 
     energy efficient building property described in section 
     179D(c)(1).
       ``(xi) Gasification with sequestration.--The production of 
     any product from a project that meets the requirements of 
     subparagraphs (A) and (B) of section 48B(c)(1) and that 
     separates and sequesters in secure geological storage (as 
     determined under section 45Q(d)(2)) at least 75 percent of 
     such project's total qualified carbon dioxide (as defined in 
     section 45Q(b)).
       ``(xii) Carbon capture and sequestration.--The generation 
     or storage of electric power produced from any facility which 
     is a qualified facility described in section 45Q(c) and which 
     disposes of any captured qualified carbon dioxide (as defined 
     in section 45Q(b)) in secure geological storage (as 
     determined under section 45Q(d)(2)).''.
       (c) Renewable Chemical.--Section 7704(d) of such Code is 
     amended by adding at the end the following new paragraph:
       ``(6) Renewable chemical.--The term `renewable chemical' 
     means a monomer, polymer, plastic, formulated product, or 
     chemical substance produced from renewable biomass (as 
     defined in section 9001(12) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8101(12)), as in effect on 
     the date of the enactment of the Master Limited Partnerships 
     Parity Act).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.
                                 ______
                                 
  SA 1842. Mr. COONS (for himself, Ms. Collins, and Mr. Reed) 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 the bill, add the following:

  Subtitle B--Weatherization Enhancement and Local Energy Efficiency 
                     Investment and Accountability

     SEC. 411. FINDINGS.

       Congress finds that--
       (1) the State energy program established under part D of 
     title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 et seq.) (referred to in this section as ``SEP'') 
     and the Weatherization Assistance Program for Low-Income 
     Persons established under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.) 
     (referred to in this section as ``WAP'') have proven to be 
     beneficial, long-term partnerships among Federal, State, and 
     local partners;
       (2) the SEP and the WAP have been reauthorized on a 
     bipartisan basis over many years to address changing 
     national, regional, and State circumstances and needs, 
     especially through--
       (A) the Energy Policy and Conservation Act (42 U.S.C. 6201 
     et seq.);
       (B) the Energy Conservation and Production Act (42 U.S.C. 
     6801 et seq.);
       (C) the State Energy Efficiency Programs Improvement Act of 
     1990 (Public Law 101-440; 104 Stat. 1006);
       (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et 
     seq.);
       (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et 
     seq.); and
       (F) the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17001 et seq.);
       (3) the SEP, also known as the ``State energy conservation 
     program''--
       (A) was first created in 1975 to implement a State-based, 
     national program in support of energy efficiency, renewable 
     energy, economic development, energy emergency preparedness, 
     and energy policy; and
       (B) has come to operate in every sector of the economy in 
     support of the private sector to improve productivity and has 
     dramatically reduced the cost of government through energy 
     savings at the State and local levels;
       (4) Federal laboratory studies have concluded that, for 
     every Federal dollar invested through the SEP, more than $7 
     is saved in energy costs and almost $11 in non-Federal funds 
     is leveraged;
       (5) the WAP--
       (A) was first created in 1976 to assist low-income families 
     in response to the first oil embargo;
       (B) has become the largest residential energy conservation 
     program in the United States, with more than 7,100,000 homes 
     weatherized since the WAP was created;
       (C) saves an estimated 35 percent of consumption in the 
     typical weatherized home, yielding average annual savings of 
     $437 per year in home energy costs;
       (D) has created thousands of jobs in both the construction 
     sector and in the supply chain of materials suppliers, 
     vendors, and manufacturers who supply the WAP;
       (E) returns $2.51 in energy savings for every Federal 
     dollar spent in energy and nonenergy benefits over the life 
     of weatherized homes;
       (F) serves as a foundation for residential energy 
     efficiency retrofit standards, technical skills, and 
     workforce training for the emerging broader market and 
     reduces residential and power plant emissions of carbon 
     dioxide by 2.65 metric tons each year per home; and
       (G) has decreased national energy consumption by the 
     equivalent of 24,100,000 barrels of oil annually;
       (6) the WAP can be enhanced with the addition of a targeted 
     portion of the Federal funds through an innovative program 
     that supports projects performed by qualified nonprofit 
     organizations that have a demonstrated capacity to build, 
     renovate, repair, or improve the energy efficiency of a 
     significant number of low-income homes, building on the 
     success of the existing program without replacing the 
     existing WAP network or creating a separate delivery 
     mechanism for basic WAP services;
       (7) the WAP has increased energy efficiency opportunities 
     by promoting new, competitive public-private sector models of 
     retrofitting low-income homes through new Federal 
     partnerships;
       (8) improved monitoring and reporting of the work product 
     of the WAP has yielded benefits, and expanding independent 
     verification of efficiency work will support the long-term 
     goals of the WAP;
       (9) reports of the Government Accountability Office in 
     2011, Inspector General's of the Department of Energy, and 
     State auditors have identified State-level deficiencies in 
     monitoring efforts that can be addressed in a manner that 
     will ensure that WAP funds are used more effectively;
       (10) through the history of the WAP, the WAP has evolved 
     with improvements in efficiency technology, including, in the 
     1990s, many States adopting advanced home energy audits, 
     which has led to great returns on investment; and
       (11) as the home energy efficiency industry has become more 
     performance-based, the WAP should continue to use those 
     advances in technology and the professional workforce.

               PART I--WEATHERIZATION ASSISTANCE PROGRAM

     SEC. 421. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE 
                   PROGRAM.

       Section 422 of the Energy Conservation and Production Act 
     (42 U.S.C. 6872) is amended by striking ``appropriated--'' 
     and all that follows through the period at the end and 
     inserting ``appropriated $450,000,000 for each of fiscal 
     years 2014 through 2018.''.

     SEC. 422. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-
                   FAMILY AND MULTIFAMILY HOUSING ENERGY RETROFIT 
                   MODEL PROGRAMS TO ELIGIBLE MULTISTATE HOUSING 
                   AND ENERGY NONPROFIT ORGANIZATIONS.

       The Energy Conservation and Production Act is amended by 
     inserting after section 414B (42 U.S.C. 6864b) the following:

     ``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, 
                   SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY 
                   RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE 
                   HOUSING AND ENERGY NONPROFIT ORGANIZATIONS.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to expand the number of low-income, single-family and 
     multifamily homes that receive energy efficiency retrofits;
       ``(2) to promote innovation and new models of retrofitting 
     low-income homes through new Federal partnerships with 
     covered organizations that leverage substantial donations, 
     donated materials, volunteer labor,

[[Page S6240]]

     homeowner labor equity, and other private sector resources;
       ``(3) to assist the covered organizations in demonstrating, 
     evaluating, improving, and replicating widely the model low-
     income energy retrofit programs of the covered organizations; 
     and
       ``(4) to ensure that the covered organizations make the 
     energy retrofit programs of the covered organizations self-
     sustaining by the time grant funds have been expended.
       ``(b) Definitions.--In this section:
       ``(1) Covered organization.--The term `covered 
     organization' means an organization that--
       ``(A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under 501(a) of 
     that Code; and
       ``(B) has an established record of constructing, 
     renovating, repairing, or making energy efficient a total of 
     not less than 250 owner-occupied, single-family or 
     multifamily homes per year for low-income households, either 
     directly or through affiliates, chapters, or other direct 
     partners (using the most recent year for which data are 
     available).
       ``(2) Low-income.--The term `low-income' means an income 
     level that is not more than 200 percent of the poverty level 
     (as determined in accordance with criteria established by the 
     Director of the Office of Management and Budget) applicable 
     to a family of the size involved, except that the Secretary 
     may establish a higher or lower level if the Secretary 
     determines that a higher or lower level is necessary to carry 
     out this section.
       ``(3) Weatherization assistance program for low-income 
     persons.--The term `Weatherization Assistance Program for 
     Low-Income Persons' means the program established under this 
     part (including part 440 of title 10, Code of Federal 
     Regulations).
       ``(c) Competitive Grant Program.--The Secretary shall make 
     grants to covered organizations through a national 
     competitive process for use in accordance with this section.
       ``(d) Award Factors.--In making grants under this section, 
     the Secretary shall consider--
       ``(1) the number of low-income homes the applicant--
       ``(A) has built, renovated, repaired, or made more energy 
     efficient as of the date of the application; and
       ``(B) can reasonably be projected to build, renovate, 
     repair, or make energy efficient during the 10-year period 
     beginning on the date of the application;
       ``(2) the qualifications, experience, and past performance 
     of the applicant, including experience successfully managing 
     and administering Federal funds;
       ``(3) the number and diversity of States and climates in 
     which the applicant works as of the date of the application;
       ``(4) the amount of non-Federal funds, donated or 
     discounted materials, discounted or volunteer skilled labor, 
     volunteer unskilled labor, homeowner labor equity, and other 
     resources the applicant will provide;
       ``(5) the extent to which the applicant could successfully 
     replicate the energy retrofit program of the applicant and 
     sustain the program after the grant funds have been expended;
       ``(6) regional diversity;
       ``(7) urban, suburban, and rural localities; and
       ``(8) such other factors as the Secretary determines to be 
     appropriate.
       ``(e) Applications.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall request 
     proposals from covered organizations.
       ``(2) Administration.--To be eligible to receive a grant 
     under this section, an applicant shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(3) Awards.--Not later than 90 days after the date of 
     issuance of a request for proposals, the Secretary shall 
     award grants under this section.
       ``(f) Eligible Uses of Grant Funds.--A grant under this 
     section may be used for--
       ``(1) energy efficiency audits, cost-effective retrofit, 
     and related activities in different climatic regions of the 
     United States;
       ``(2) energy efficiency materials and supplies;
       ``(3) organizational capacity--
       ``(A) to significantly increase the number of energy 
     retrofits;
       ``(B) to replicate an energy retrofit program in other 
     States; and
       ``(C) to ensure that the program is self-sustaining after 
     the Federal grant funds are expended;
       ``(4) energy efficiency, audit and retrofit training, and 
     ongoing technical assistance;
       ``(5) information to homeowners on proper maintenance and 
     energy savings behaviors;
       ``(6) quality control and improvement;
       ``(7) data collection, measurement, and verification;
       ``(8) program monitoring, oversight, evaluation, and 
     reporting;
       ``(9) management and administration (up to a maximum of 10 
     percent of the total grant);
       ``(10) labor and training activities; and
       ``(11) such other activities as the Secretary determines to 
     be appropriate.
       ``(g) Maximum Amount.--The amount of a grant provided under 
     this section shall not exceed--
       ``(1) if the amount made available to carry out this 
     section for a fiscal year is $225,000,000 or more, 
     $5,000,000; and
       ``(2) if the amount made available to carry out this 
     section for a fiscal year is less than $225,000,000, 
     $1,500,000.
       ``(h) Guidelines.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall issue 
     guidelines to implement the grant program established under 
     this section.
       ``(2) Administration.--The guidelines--
       ``(A) shall not apply to the Weatherization Assistance 
     Program for Low-Income Persons, in whole or major part; but
       ``(B) may rely on applicable provisions of law governing 
     the Weatherization Assistance Program for Low-Income Persons 
     to establish--
       ``(i) standards for allowable expenditures;
       ``(ii) a minimum savings-to-investment ratio;
       ``(iii) standards--

       ``(I) to carry out training programs;
       ``(II) to conduct energy audits and program activities;
       ``(III) to provide technical assistance;
       ``(IV) to monitor program activities; and
       ``(V) to verify energy and cost savings;

       ``(iv) liability insurance requirements; and
       ``(v) recordkeeping requirements, which shall include 
     reporting to the Office of Weatherization and 
     Intergovernmental Programs of the Department of Energy 
     applicable data on each home retrofitted.
       ``(i) Review and Evaluation.--The Secretary shall review 
     and evaluate the performance of any covered organization that 
     receives a grant under this section (which may include an 
     audit), as determined by the Secretary.
       ``(j) Compliance With State and Local Law.--Nothing in this 
     section or any program carried out using a grant provided 
     under this section supersedes or otherwise affects any State 
     or local law, to the extent that the State or local law 
     contains a requirement that is more stringent than the 
     applicable requirement of this section.
       ``(k) Annual Reports.--The Secretary shall submit to 
     Congress annual reports that provide--
       ``(1) findings;
       ``(2) a description of energy and cost savings achieved and 
     actions taken under this section; and
       ``(3) any recommendations for further action.
       ``(l) Funding.--Of the amount of funds that are made 
     available to carry out the Weatherization Assistance Program 
     for each of fiscal years 2014 through 2018 under section 422, 
     the Secretary shall use to carry out this section--
       ``(1) for fiscal year 2014--
       ``(A) 1 percent of the amount if the amount is less than 
     $200,000,000;
       ``(B) 2 percent of the amount if the amount is $200,000,000 
     or more but less than $225,000,000;
       ``(C) 5 percent of the amount if the amount is $225,000,000 
     or more but less than $260,000,000;
       ``(D) 10 percent of the amount if the amount is 
     $260,000,000 or more but less than $400,000,000; and
       ``(E) 20 percent of the amount if the amount is 
     $400,000,000 or more; and
       ``(2) for each of fiscal year 2015 through 2018--
       ``(A) 2 percent of the amount if the amount is less than 
     $225,000,000;
       ``(B) 5 percent of the amount if the amount is $225,000,000 
     or more but less than $260,000,000;
       ``(C) 10 percent of the amount if the amount is 
     $260,000,000 or more but less than $400,000,000; and
       ``(D) 20 percent of the amount if the amount is 
     $400,000,000 or more.''.

     SEC. 423. STANDARDS PROGRAM.

       Section 415 of the Energy Conservation and Production Act 
     (42 U.S.C. 6865) is amended by adding at the end the 
     following:
       ``(f) Standards Program.--
       ``(1) Contractor qualification.--Effective beginning 
     January 1, 2015, to be eligible to carry out weatherization 
     using funds made available under this part, a contractor 
     shall be selected through a competitive bidding process and 
     be--
       ``(A) accredited by the Building Performance Institute;
       ``(B) an Energy Smart Home Performance Team accredited 
     under the Residential Energy Services Network; or
       ``(C) accredited by an equivalent accreditation or program 
     accreditation-based State certification program approved by 
     the Secretary.
       ``(2) Grants for energy retrofit model programs.--
       ``(A) In general.--To be eligible to receive a grant under 
     section 414C, a covered organization (as defined in section 
     414C(b)) shall use a crew chief who--
       ``(i) is certified or accredited in accordance with 
     paragraph (1); and
       ``(ii) supervises the work performed with grant funds.
       ``(B) Volunteer labor.--A volunteer who performs work for a 
     covered organization that receives a grant under section 414C 
     shall not be required to be certified under this subsection 
     if the volunteer is not directly installing or repairing 
     mechanical equipment or other items that require skilled 
     labor.
       ``(C) Training.--The Secretary shall use training and 
     technical assistance funds available to the Secretary to 
     assist covered organizations under section 414C in providing

[[Page S6241]]

     training to obtain certification required under this 
     subsection, including provisional or temporary certification.
       ``(3) Minimum efficiency standards.--Effective beginning 
     October 1, 2015, the Secretary shall ensure that--
       ``(A) each retrofit for which weatherization assistance is 
     provided under this part meets minimum efficiency and quality 
     of work standards established by the Secretary after 
     weatherization of a dwelling unit; and
       ``(B) at least 10 percent of the dwelling units are 
     randomly inspected by a third party accredited under this 
     subsection to ensure compliance with the minimum efficiency 
     and quality of work standards established under subparagraph 
     (A); and
       ``(C) the standards established under this subsection meet 
     or exceed the industry standards for home performance work 
     that are in effect on the date of enactment of this 
     subsection, as determined by the Secretary.''.

                     PART II--STATE ENERGY PROGRAM

     SEC. 431. REAUTHORIZATION OF STATE ENERGY PROGRAM.

       Section 365(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for 
     each of fiscal years 2007 through 2012'' and inserting 
     ``$75,000,000 for each of fiscal years 2014 through 2018''.
                                 ______
                                 
  SA 1843. Mr. WICKER 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 188, after line 24, insert the following:
       Sec. 422.  Funds appropriated or otherwise made available 
     by this Act for grants to be awarded by the Secretary of 
     Housing and Urban Development or the Secretary of 
     Transportation shall be subject to the following 
     accountability provisions:
       (1) Audit requirement.--
       (A) In general.--Beginning in the first fiscal year 
     beginning after the date of the enactment of this title, and 
     in each fiscal year thereafter, the Inspector Generals of the 
     Department of Transportation and the Department of Housing 
     and Development shall conduct audits of any grant amounts 
     appropriated or otherwise made available under this Act to 
     prevent waste, fraud, and abuse of funds by grantees. The 
     Inspectors General shall determine the appropriate number of 
     such audits to be conducted each year.
       (B) Definition.--In this paragraph, the term ``unresolved 
     audit finding'' means a finding in the final audit report of 
     the Inspectors General of the Department of Transportation 
     and the Department of Housing and Urban Development that the 
     grantee has utilized grant funds for an unauthorized 
     expenditure or otherwise unallowable cost that is not closed 
     or resolved within 12 months from the date when the final 
     audit report is issued.
       (C) Mandatory exclusion.--A recipient of grant amounts 
     appropriated or otherwise made available under this Act that 
     is found to have an unresolved audit finding shall not be 
     eligible to receive grant amounts appropriated or otherwise 
     made available under this title during the following 2 fiscal 
     years beginning after the end of the 12-month period 
     described under subparagraph (A).
       (D) Priority.--In awarding amounts appropriated or 
     otherwise made available under this Act, the Secretary of 
     Transportation or the Secretary of Housing and Urban 
     Development shall give priority to eligible entities that did 
     not have an unresolved audit finding during the 3 fiscal 
     years prior to submitting an application for grant amounts 
     appropriated or otherwise made available under this Act.
       (E) Reimbursement.--If an entity is awarded grant amounts 
     appropriated or otherwise made available under this Act 
     during the 2-fiscal-year period in which the entity is barred 
     from receiving grants under subparagraph (B), the Secretary 
     of Transportation or the Secretary of Housing and Urban 
     Development shall recoup the costs of the repayment to the 
     fund from the grant recipient that was erroneously awarded 
     grant funds.
       (2) Nonprofit organization requirements.--
       (A) Definition.--For purposes of this paragraph and any 
     grant programs described in this Act, the term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (B) Prohibition.--The Secretary of Transportation and the 
     Secretary of Housing and Urban Development may not award any 
     grant amounts appropriated or otherwise made available under 
     this Act to a nonprofit organization that holds money in 
     offshore accounts for the purpose of avoiding paying the tax 
     described in section 511(a) of the Internal Revenue Code of 
     1986.
       (C) Disclosure.--Each nonprofit organization that is a 
     recipient of grant amounts appropriated or otherwise made 
     available under this Act and uses the procedures prescribed 
     in regulations to create a rebuttable presumption of 
     reasonableness for the compensation of its officers, 
     directors, trustees and key employees, shall disclose to the 
     Secretary of Transportation and the Secretary of Housing and 
     Urban Development, in the application for the grant, the 
     process for determining such compensation, including the 
     independent persons involved in reviewing and approving such 
     compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the Secretary of Transportation or 
     the Secretary of Housing and Urban Development shall make the 
     information disclosed under this paragraph available for 
     public inspection.
                                 ______
                                 
  SA 1844. Mr. ISAKSON (for himself and Mr. Bennet) 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___. ENHANCED ENERGY EFFICIENCY UNDERWRITING.

       (a) Definitions.--In this section:
       (1) Covered agency.--The term ``covered agency''--
       (A) means--
       (i) an executive agency, as that term is defined in section 
     102 of title 31, United States Code; and
       (ii) any other agency of the Federal Government; and
       (B) includes any enterprise, as that term is defined under 
     section 1303 of the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992 (12 U.S.C. 4502).
       (2) Covered loan.--The term ``covered loan'' means a loan 
     secured by a home that is issued, insured, purchased, or 
     securitized by a covered agency.
       (3) Homeowner.--The term ``homeowner'' means the mortgagor 
     under a covered loan.
       (4) Mortgagee.--The term ``mortgagee'' means--
       (A) an original lender under a covered loan or the holder 
     of a covered loan at the time at which that mortgage 
     transaction is consummated;
       (B) any affiliate, agent, subsidiary, successor, or 
     assignee of an original lender under a covered loan or the 
     holder of a covered loan at the time at which that mortgage 
     transaction is consummated;
       (C) any servicer of a covered loan; and
       (D) any subsequent purchaser, trustee, or transferee of any 
     covered loan issued by an original lender.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (6) Servicer.--The term ``servicer'' means the person or 
     entity responsible for the servicing of a covered loan, 
     including the person or entity who makes or holds a covered 
     loan if that person or entity also services the covered loan.
       (7) Servicing.--The term ``servicing'' has the meaning 
     given the term in section 6(i) of the Real Estate Settlement 
     Procedures Act of 1974 (12 U.S.C. 2605(i)).
       (b) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) energy costs for homeowners are a significant and 
     increasing portion of their household budgets;
       (B) household energy use can vary substantially depending 
     on the efficiency and characteristics of the house;
       (C) expected energy cost savings are important to the value 
     of the house;
       (D) the current test for loan affordability used by most 
     covered agencies, commonly known as the ``debt-to-income'' 
     test, is inadequate because it does not take into account the 
     expected energy cost savings for the homeowner of an energy 
     efficient home; and
       (E) another loan limitation, commonly known as the ``loan-
     to-value'' test, is tied to the appraisal, which often does 
     not adjust for efficiency features of houses.
       (2) Purposes.--The purposes of this section are to--
       (A) improve the accuracy of mortgage underwriting by 
     Federal mortgage agencies by ensuring that energy cost 
     savings are included in the underwriting process as described 
     below, and thus to reduce the amount of energy consumed by 
     homes and to facilitate the creation of energy efficiency 
     retrofit and construction jobs;
       (B) require a covered agency to include the expected energy 
     cost savings of a homeowner as a regular expense in the 
     tests, such as the debt-to-income test, used to determine the 
     ability of the loan applicant to afford the cost of 
     homeownership for all loan programs; and
       (C) require a covered agency to include the value home 
     buyers place on the energy efficiency of a house in tests 
     used to compare the mortgage amount to home value, taking 
     precautions to avoid double-counting and to support safe and 
     sound lending.
       (c) Enhanced Energy Efficiency Underwriting Criteria.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, in consultation 
     with the advisory group established in subsection (f)(2), 
     develop and issue guidelines for a covered agency to 
     implement enhanced loan eligibility requirements, for use 
     when testing the ability of a loan applicant to repay a 
     covered loan, that account for the expected energy cost 
     savings for a loan applicant at a subject property, in the 
     manner set forth in paragraphs (2) and (3).

[[Page S6242]]

       (2) Requirements to account for energy cost savings.--The 
     enhanced loan eligibility requirements under paragraph (1) 
     shall require that, for all covered loans for which an energy 
     efficiency report is voluntarily provided to the mortgagee by 
     the mortgagor, the covered agency and the mortgagee shall 
     take into consideration the estimated energy cost savings 
     expected for the owner of the subject property in determining 
     whether the loan applicant has sufficient income to service 
     the mortgage debt plus other regular expenses. To the extent 
     that a covered agency uses a test such as a debt-to-income 
     test that includes certain regular expenses, such as hazard 
     insurance and property taxes, the expected energy cost 
     savings shall be included as an offset to these expenses. 
     Energy costs to be assessed include the cost of electricity, 
     natural gas, oil, and any other fuel regularly used to supply 
     energy to the subject property.
       (3) Determination of estimated energy cost savings.--
       (A) In general.--The guidelines to be issued under 
     paragraph (1) shall include instructions for the covered 
     agency to calculate estimated energy cost savings using--
       (i) the energy efficiency report;
       (ii) an estimate of baseline average energy costs; and
       (iii) additional sources of information as determined by 
     the Secretary.
       (B) Report requirements.--For the purposes of subparagraph 
     (A), an energy efficiency report shall--
       (i) estimate the expected energy cost savings specific to 
     the subject property, based on specific information about the 
     property;
       (ii) be prepared in accordance with the guidelines to be 
     issued under paragraph (1); and
       (iii) be prepared--

       (I) in accordance with the Residential Energy Service 
     Network's Home Energy Rating System (commonly known as 
     ``HERS'') by an individual certified by the Residential 
     Energy Service Network, unless the Secretary finds that the 
     use of HERS does not further the purposes of this section; or
       (II) by other methods approved by the Secretary, in 
     consultation with the Secretary of Energy and the advisory 
     group established in subsection (f)(2), for use under this 
     section, which shall include a third-party quality assurance 
     procedure.

       (C) Use by appraiser.--If an energy efficiency report is 
     used under paragraph (2), the energy efficiency report shall 
     be provided to the appraiser to estimate the energy 
     efficiency of the subject property and for potential 
     adjustments for energy efficiency.
       (4) Required disclosure to consumer for a home with an 
     energy efficiency report.--If an energy efficiency report is 
     used under paragraph (2), the guidelines to be issued under 
     paragraph (1) shall require the mortgagee to--
       (A) inform the loan applicant of the expected energy costs 
     as estimated in the energy efficiency report, in a manner and 
     at a time as prescribed by the Secretary, and if practicable, 
     in the documents delivered at the time of loan application; 
     and
       (B) include the energy efficiency report in the 
     documentation for the loan provided to the borrower.
       (5) Required disclosure to consumer for a home without an 
     energy efficiency report.--If an energy efficiency report is 
     not used under paragraph (2), the guidelines to be issued 
     under paragraph (1) shall require the mortgagee to inform the 
     loan applicant in a manner and at a time as prescribed by the 
     Secretary, and if practicable, in the documents delivered at 
     the time of loan application of--
       (A) typical energy cost savings that would be possible from 
     a cost-effective energy upgrade of a home of the size and in 
     the region of the subject property;
       (B) the impact the typical energy cost savings would have 
     on monthly ownership costs of a typical home;
       (C) the impact on the size of a mortgage that could be 
     obtained if the typical energy cost savings were reflected in 
     an energy efficiency report; and
       (D) resources for improving the energy efficiency of a 
     home.
       (6) Limitations.--A covered agency shall not--
       (A) modify existing underwriting criteria or adopt new 
     underwriting criteria that intentionally negate or reduce the 
     impact of the requirements or resulting benefits that are set 
     forth or otherwise derived from the enhanced loan eligibility 
     requirements required under this subsection; or
       (B) impose greater buy back requirements, credit overlays, 
     insurance requirements, including private mortgage insurance, 
     or any other material costs, impediments, or penalties on 
     covered loans merely because the loan uses an energy 
     efficiency report or the enhanced loan eligibility 
     requirements required under this subsection.
       (7) Applicability and implementation date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2016, the enhanced loan eligibility requirements 
     required under this subsection shall be implemented by each 
     covered agency to--
       (A) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home;
       (B) be available on any residential real property 
     (including individual units of condominiums and cooperatives) 
     that qualifies for a covered loan; and
       (C) provide prospective mortgagees with sufficient guidance 
     and applicable tools to implement the required underwriting 
     methods.
       (d) Enhanced Energy Efficiency Underwriting Valuation 
     Guidelines.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (A) in consultation with the Federal Financial Institutions 
     Examination Council and the advisory group established in 
     subsection (f)(2), develop and issue guidelines for a covered 
     agency to determine the maximum permitted loan amount based 
     on the value of the property for all covered loans made on 
     properties with an energy efficiency report that meets the 
     requirements of subsection (c)(3)(B); and
       (B) in consultation with the Secretary of Energy, issue 
     guidelines for a covered agency to determine the estimated 
     energy savings under paragraph (3) for properties with an 
     energy efficiency report.
       (2) Requirements.--The enhanced energy efficiency 
     underwriting valuation guidelines required under paragraph 
     (1) shall include--
       (A) a requirement that if an energy efficiency report that 
     meets the requirements of subsection (c)(3)(B) is voluntarily 
     provided to the mortgagee, such report shall be used by the 
     mortgagee or covered agency to determine the estimated energy 
     savings of the subject property; and
       (B) a requirement that the estimated energy savings of the 
     subject property be added to the appraised value of the 
     subject property by a mortgagee or covered agency for the 
     purpose of determining the loan-to-value ratio of the subject 
     property, unless the appraisal includes the value of the 
     overall energy efficiency of the subject property, using 
     methods to be established under the guidelines issued under 
     paragraph (1).
       (3) Determination of estimated energy savings.--
       (A) Amount of energy savings.--The amount of estimated 
     energy savings shall be determined by calculating the 
     difference between the estimated energy costs for the average 
     comparable houses, as determined in guidelines to be issued 
     under paragraph (1), and the estimated energy costs for the 
     subject property based upon the energy efficiency report.
       (B) Duration of energy savings.--The duration of the 
     estimated energy savings shall be based upon the estimated 
     life of the applicable equipment, consistent with the rating 
     system used to produce the energy efficiency report.
       (C) Present value of energy savings.--The present value of 
     the future savings shall be discounted using the average 
     interest rate on conventional 30-year mortgages, in the 
     manner directed by guidelines issued under paragraph (1).
       (4) Ensuring consideration of energy efficient features.--
     Section 1110 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
       (A) in paragraph (2), by striking ``; and'' and inserting a 
     semicolon; and
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and'' and inserting after paragraph (3) the 
     following:
       ``(4) that State certified and licensed appraisers have 
     timely access, whenever practicable, to information from the 
     property owner and the lender that may be relevant in 
     developing an opinion of value regarding the energy- and 
     water-saving improvements or features of a property, such 
     as--
       ``(A) labels or ratings of buildings;
       ``(B) installed appliances, measures, systems or 
     technologies;
       ``(C) blueprints;
       ``(D) construction costs;
       ``(E) financial or other incentives regarding energy- and 
     water-efficient components and systems installed in a 
     property;
       ``(F) utility bills;
       ``(G) energy consumption and benchmarking data; and
       ``(H) third-party verifications or representations of 
     energy and water efficiency performance of a property, 
     observing all financial privacy requirements adhered to by 
     certified and licensed appraisers, including section 501 of 
     the Gramm-Leach-Bliley Act (15 U.S.C. 6801).
     Unless a property owner consents to a lender, an appraiser, 
     in carrying out the requirements of paragraph (4), shall not 
     have access to the commercial or financial information of the 
     owner that is privileged or confidential.''.
       (5) Transactions requiring state certified appraisers.--
     Section 1113 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
       (A) in paragraph (1), by inserting before the semicolon the 
     following: ``, or any real property on which the appraiser 
     makes adjustments using an energy efficiency report''; and
       (B) in paragraph (2), by inserting after ``atypical'' the 
     following: ``, or an appraisal on which the appraiser makes 
     adjustments using an energy efficiency report.''.
       (6) Protections.--
       (A) Authority to impose limitations.--The guidelines to be 
     issued under paragraph (1) shall include such limitations and 
     conditions as determined by the Secretary to be necessary to 
     protect against meaningful under or over valuation of energy 
     cost savings or duplicative counting of energy efficiency 
     features or energy cost savings in the

[[Page S6243]]

     valuation of any subject property that is used to determine a 
     loan amount.
       (B) Additional authority.--At the end of the 7-year period 
     following the implementation of enhanced eligibility and 
     underwriting valuation requirements under this section, the 
     Secretary may modify or apply additional exceptions to the 
     approach described in paragraph (2), where the Secretary 
     finds that the unadjusted appraisal will reflect an accurate 
     market value of the efficiency of the subject property or 
     that a modified approach will better reflect an accurate 
     market value.
       (7) Applicability and implementation date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2016, each covered agency shall implement the 
     guidelines required under this subsection, which shall--
       (A) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home; and
       (B) be available on any residential real property, 
     including individual units of condominiums and cooperatives, 
     that qualifies for a covered loan.
       (e) Monitoring.--Not later than 1 year after the date on 
     which the enhanced eligibility and underwriting valuation 
     requirements are implemented under this section, and every 
     year thereafter, each covered agency with relevant activity 
     shall issue and make available to the public a report that--
       (1) enumerates the number of covered loans of the agency 
     for which there was an energy efficiency report, and that 
     used energy efficiency appraisal guidelines and enhanced loan 
     eligibility requirements; and
       (2) includes the default rates and rates of foreclosures 
     for each category of loans.
       (f) Rulemaking.--
       (1) In general.--The Secretary shall prescribe regulations 
     to carry out this section, in consultation with the Secretary 
     of Energy and the advisory group established in paragraph 
     (2), which may contain such classifications, 
     differentiations, or other provisions, and may provide for 
     such proper implementation and appropriate treatment of 
     different types of transactions, as the Secretary determines 
     are necessary or proper to effectuate the purposes of this 
     section, to prevent circumvention or evasion thereof, or to 
     facilitate compliance therewith.
       (2) Advisory group.--To assist in carrying out this 
     section, the Secretary shall establish an advisory group, 
     consisting of individuals representing the interests of--
       (A) mortgage lenders;
       (B) appraisers;
       (C) energy raters and residential energy consumption 
     experts;
       (D) energy efficiency organizations;
       (E) real estate agents;
       (F) home builders and remodelers;
       (G) State energy officials; and
       (H) others as determined by the Secretary.
       (g) Additional Study.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall reconvene the 
     advisory group established in subsection (f)(2), in addition 
     to water and locational efficiency experts, to advise the 
     Secretary on the implementation of the enhanced energy 
     efficiency underwriting criteria established in subsections 
     (c) and (d).
       (2) Recommendations.--The advisory group established in 
     subsection (f)(2) shall provide recommendations to the 
     Secretary on any revisions or additions to the enhanced 
     energy efficiency underwriting criteria deemed necessary by 
     the group, which may include alternate methods to better 
     account for home energy costs and additional factors to 
     account for substantial and regular costs of homeownership 
     such as location-based transportation costs and water costs. 
     The Secretary shall forward any legislative recommendations 
     from the advisory group to Congress for its consideration.
                                 ______
                                 
  SA 1845. Mr. UDALL, of Colorado (for himself and Ms. Collins) 
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 III, add the following:

     SEC. 3___. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR 
                   SCHOOLS.

       Section 392 of the Energy Policy and Conservation Act (42 
     U.S.C. 6371a) is amended by adding at the end the following:
       ``(e) Coordination of Energy Retrofitting Assistance for 
     Schools.--
       ``(1) Definition of school.--In this subsection, the term 
     `school' means--
       ``(A) an elementary school or secondary school (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801));
       ``(B) an institution of higher education (as defined in 
     section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(a));
       ``(C) a school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.) or established under section 2164 of 
     title 10, United States Code;
       ``(D) a school operated by the Bureau of Indian Affairs;
       ``(E) a tribally controlled school (as defined in section 
     5212 of the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2511)); and
       ``(F) a Tribal College or University (as defined in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b))).
       ``(2) Designation of lead agency.--The Secretary, acting 
     through the Office of Energy Efficiency and Renewable Energy, 
     shall act as the lead Federal agency for coordinating and 
     disseminating information on existing Federal programs and 
     assistance that may be used to help initiate, develop, and 
     finance energy efficiency, renewable energy, and energy 
     retrofitting projects for schools.
       ``(3) Requirements.--In carrying out coordination and 
     outreach under paragraph (2), the Secretary shall--
       ``(A) in consultation and coordination with the appropriate 
     Federal agencies, carry out a review of existing programs and 
     financing mechanisms (including revolving loan funds and loan 
     guarantees) available in or from the Department of 
     Agriculture, the Department of Energy, the Department of 
     Education, the Department of the Treasury, the Internal 
     Revenue Service, the Environmental Protection Agency, and 
     other appropriate Federal agencies with jurisdiction over 
     energy financing and facilitation that are currently used or 
     may be used to help initiate, develop, and finance energy 
     efficiency, renewable energy, and energy retrofitting 
     projects for schools;
       ``(B) establish a Federal cross-departmental collaborative 
     coordination, education, and outreach effort to streamline 
     communication and promote available Federal opportunities and 
     assistance described in subparagraph (A), for energy 
     efficiency, renewable energy, and energy retrofitting 
     projects that enables States, local educational agencies, and 
     schools--
       ``(i) to use existing Federal opportunities more 
     effectively; and
       ``(ii) to form partnerships with Governors, State energy 
     programs, local educational, financial, and energy officials, 
     State and local government officials, nonprofit 
     organizations, and other appropriate entities, to support the 
     initiation of the projects;
       ``(C) provide technical assistance for States, local 
     educational agencies, and schools to help develop and finance 
     energy efficiency, renewable energy, and energy retrofitting 
     projects--
       ``(i) to increase the energy efficiency of buildings or 
     facilities;
       ``(ii) to install systems that individually generate energy 
     from renewable energy resources;
       ``(iii) to establish partnerships to leverage economies of 
     scale and additional financing mechanisms available to larger 
     clean energy initiatives; or
       ``(iv) to promote--

       ``(I) the maintenance of health, environmental quality, and 
     safety in schools, including the ambient air quality, through 
     energy efficiency, renewable energy, and energy retrofit 
     projects; and
       ``(II) the achievement of expected energy savings and 
     renewable energy production through proper operations and 
     maintenance practices;

       ``(D) develop and maintain a single online resource Web 
     site with contact information for relevant technical 
     assistance and support staff in the Office of Energy 
     Efficiency and Renewable Energy for States, local educational 
     agencies, and schools to effectively access and use Federal 
     opportunities and assistance described in subparagraph (A) to 
     develop energy efficiency, renewable energy, and energy 
     retrofitting projects; and
       ``(E) establish a process for recognition of schools that--
       ``(i) have successfully implemented energy efficiency, 
     renewable energy, and energy retrofitting projects; and
       ``(ii) are willing to serve as resources for other local 
     educational agencies and schools to assist initiation of 
     similar efforts.
       ``(4) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Secretary shall submit to 
     Congress a report describing the implementation of this 
     subsection.''.
                                 ______
                                 
  SA 1846. Mr. UDALL, of Colorado (for himself 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:

       Strike section 301 and insert the following:

     SEC. 301. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION AND 
                   COMMUNICATIONS TECHNOLOGIES.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended--
       (1) by redesignating the second subsection (f) (relating to 
     large capital energy investments) as subsection (g); and
       (2) by adding at the end the following:
       ``(h) Federal Implementation Strategy for Energy-efficient 
     and Energy-Saving Information and Communications 
     Technologies.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, each Federal agency shall 
     collaborate with the Director of the Office of Management and 
     Budget (referred to in this subsection as the `Director') to 
     develop an implementation strategy (including best-practices 
     and measurement and verification techniques) for the 
     maintenance, purchase, and use by the Federal agency of 
     energy-efficient and energy-saving information and 
     communications technologies and practices.

[[Page S6244]]

       ``(2) Content.--Each implementation strategy shall be 
     flexible, cost-effective, and based on the specific operating 
     requirements and statutory mission of the agency.
       ``(3) Administration.--In developing an implementation 
     strategy, each Federal agency shall--
       ``(A) consider information and communications technologies 
     (referred to in this subsection as `ICT') and related 
     infrastructure and practices, such as--
       ``(i) advanced metering infrastructure;
       ``(ii) ICT services and products;
       ``(iii) efficient data center strategies and methods of 
     increasing ICT asset and related infrastructure utilization;
       ``(iv) ICT and related infrastructure power management;
       ``(v) building information modeling, including building 
     energy management; and
       ``(vi) secure telework and travel substitution tools; and
       ``(B) ensure that the agency realizes the savings and 
     rewards brought about through increased efficiency and 
     utilization.
       ``(4) Performance goals.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Director, in 
     consultation with the Secretary, shall establish performance 
     goals for evaluating the efforts of Federal agencies in 
     improving the maintenance, purchase, and use of energy-
     efficient and energy-saving information and communications 
     technology systems and practices.
       ``(B) Best practices.--The Director shall supplement the 
     performance goals established under this paragraph with 
     recommendations on best practices for the attainment of the 
     performance goals, to include a requirement for agencies to 
     evaluate the use of energy savings performance contracting 
     and utility energy services contracting as preferred 
     acquisition methods.
       ``(C) Administration.--The performance goals established 
     under this paragraph shall--
       ``(i) measure information technology costs over a specific 
     time period of 3 to 5 years;
       ``(ii) measure cost savings attained via the use of energy-
     efficient and energy-saving information and communications 
     solutions during the same time period; and
       ``(iii) provide, to the maximum extent practicable, a 
     complete picture of all costs and savings, including energy 
     costs and savings.
       ``(5) Reports.--
       ``(A) Agency reports.--Each Federal agency subject to the 
     requirements of this subsection shall include in the report 
     of the agency under section 527 of the Energy Independence 
     and Security Act of 2007 (42 U.S.C. 17143) a description of 
     the efforts and results of the agency under this subsection.
       ``(B) OMB government efficiency reports and scorecards.--
     Effective beginning not later than October 1, 2013, the 
     Director shall include in the annual report and scorecard of 
     the Director required under section 528 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17144) a 
     description of the efforts and results of Federal agencies 
     under this subsection.
       ``(C) Use of existing reporting structures.--The Director 
     may require Federal agencies to submit any information 
     required to be submitted under this subsection though 
     reporting structures in use as of the date of enactment of 
     the Energy Savings and Industrial Competitiveness Act of 
     2013.''.
       At the end of title III, add the following:

     SEC. 304. ENERGY EFFICIENT DATA CENTERS.

       Section 453 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17112) is amended--
       (1) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Not later than 30 days after the date of 
     enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, the Secretary and the 
     Administrator shall--
       ``(A) designate an established information technology 
     industry organization to coordinate the program described in 
     subsection (b); and
       ``(B) make the designation public, including on an 
     appropriate website.'';
       (2) by striking subsections (e) and (f) and inserting the 
     following:
       ``(e) Study.--The Secretary, with assistance from the 
     Administrator, shall--
       ``(1) not later than December 31, 2013, make available to 
     the public an update to the Report to Congress on Server and 
     Data Center Energy Efficiency published on August 2, 2007, 
     under section 1 of Public Law 109-431 (120 Stat. 2920), that 
     provides--
       ``(A) a comparison and gap analysis of the estimates and 
     projections contained in the original report with new data 
     regarding the period from 2007 through 2012;
       ``(B) an analysis considering the impact of information and 
     communications technologies asset and related infrastructure 
     utilization solutions, to include virtualization and cloud 
     computing-based solutions, in the public and private sectors; 
     and
       ``(C) updated projections and recommendations for best 
     practices; and
       ``(2) collaborate with the organization designated under 
     subsection (c) in preparing the report.
       ``(f) Data Center Energy Practitioner Program.--
       ``(1) In general.--The Secretary, in collaboration with the 
     organization designated under subsection (c) and in 
     consultation with the Administrator for the Office of E-
     Government and Information Technology within the Office of 
     Management and Budget, shall maintain a data center energy 
     practitioner program that leads to the certification of 
     energy practitioners qualified to evaluate the energy usage 
     and efficiency opportunities in data centers.
       ``(2) Evaluations.--Each Federal agency shall have the data 
     centers of the agency evaluated every 4 years by energy 
     practitioners certified pursuant to the program, whenever 
     practicable using certified practitioners employed by the 
     agency.'';
       (3) by redesignating subsection (g) as subsection (j); and
       (4) by inserting after subsection (f) the following:
       ``(g) Open Data Initiative.--
       ``(1) In general.--The Secretary, in collaboration with the 
     organization designated under subsection (c) and in 
     consultation with the Administrator for the Office of E-
     Government and Information Technology within the Office of 
     Management and Budget, shall establish an open data 
     initiative for Federal data center energy usage data, with 
     the purpose of making the data available and accessible in a 
     manner that empowers further data center innovation while 
     protecting United States national security interests.
       ``(2) Administration.--In establishing the initiative, the 
     Secretary shall consider use of the online Data Center 
     Maturity Model.
       ``(h) International Specifications and Metrics.--The 
     Secretary, in collaboration with the organization designated 
     under subsection (c), shall actively participate in efforts 
     to harmonize global specifications and metrics for data 
     center energy efficiency.
       ``(i) ICT Asset Utilization Metric.--The Secretary, in 
     collaboration with the organization designated under 
     subsection (c), shall assist in the development of an 
     efficiency metric that measures the energy efficiency of the 
     overall data center, including information and communications 
     technology systems and related infrastructure.''.
                                 ______
                                 
  SA 1847. Mr. BENNET (for himself and Ms. Ayotte) 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 Efficiency Measures in Commercial Buildings

     SEC. 121. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY 
                   EFFICIENCY MEASURES.

       Subtitle B of title IV of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY 
                   EFFICIENCY MEASURES.

       ``(a) Definitions.--In this section:
       ``(1) High-performance energy efficiency measure.--The term 
     `high-performance energy efficiency measure' means a 
     technology, product, or practice that will result in 
     substantial operational cost savings by reducing energy 
     consumption and utility costs.
       ``(2) Separate spaces.--The term `separate spaces' means 
     areas within a commercial building that are leased or 
     otherwise occupied by a tenant or other occupant for a period 
     of time pursuant to the terms of a written agreement.
       ``(b) Study.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, acting through the 
     Assistant Secretary of Energy Efficiency and Renewable 
     Energy, shall complete a study on the feasibility of--
       ``(A) significantly improving energy efficiency in 
     commercial buildings through the design and construction, by 
     owners and tenants, of separate spaces with high-performance 
     energy efficiency measures; and
       ``(B) encouraging owners and tenants to implement high-
     performance energy efficiency measures in separate spaces.
       ``(2) Scope.--The study shall, at a minimum, include--
       ``(A) descriptions of--
       ``(i) high-performance energy efficiency measures that 
     should be considered as part of the initial design and 
     construction of separate spaces;
       ``(ii) processes that owners, tenants, architects, and 
     engineers may replicate when designing and constructing 
     separate spaces with high-performance energy efficiency 
     measures;
       ``(iii) standards and best practices to achieve appropriate 
     energy intensities for lighting, plug loads, pipe loads, 
     heating, cooling, cooking, laundry, and other systems to 
     satisfy the needs of the commercial building tenant;
       ``(iv) return on investment and payback analyses of the 
     incremental cost and projected energy savings of the proposed 
     set of high-performance energy efficiency measures, including 
     consideration of tax and other available incentives;
       ``(v) models and simulation methods that predict the 
     quantity of energy used by separate spaces with high-
     performance energy efficiency measures and that compare that 
     predicted quantity to the quantity of energy used by separate 
     spaces without high-performance energy efficiency measures 
     but that otherwise comply with applicable building code 
     requirements;
       ``(vi) measurement and verification platforms demonstrating 
     actual energy use of

[[Page S6245]]

     high-performance energy efficiency measures installed in 
     separate spaces, and whether the measures generate the 
     savings intended in the initial design and construction of 
     the separate spaces;
       ``(vii) best practices that encourage an integrated 
     approach to designing and constructing separate spaces to 
     perform at optimum energy efficiency in conjunction with the 
     central systems of a commercial building; and
       ``(viii) any impact on employment resulting from the design 
     and construction of separate spaces with high-performance 
     energy efficiency measures; and
       ``(B) case studies reporting economic and energy saving 
     returns in the design and construction of separate spaces 
     with high-performance energy efficiency measures.
       ``(3) Public participation.--Not later than 90 days after 
     the date of enactment of this section, the Secretary shall 
     publish a notice in the Federal Register requesting public 
     comments regarding effective methods, measures, and practices 
     for the design and construction of separate spaces with high-
     performance energy efficiency measures.
       ``(4) Publication.--The Secretary shall publish the study 
     on the website of the Department of Energy.''.

     SEC. 122. TENANT STAR PROGRAM.

       Subtitle B of title IV of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by 
     section 121) is amended by adding at the end the following:

     ``SEC. 425. TENANT STAR PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) High-performance energy efficiency measure.--The term 
     `high-performance energy efficiency measure' has the meaning 
     given the term in section 424.
       ``(2) Separate spaces.--The term `separate spaces' has the 
     meaning given the term in section 424.
       ``(b) Tenant Star.--The Administrator of the Environmental 
     Protection Agency and the Secretary shall develop a voluntary 
     program within the Energy Star program established by section 
     324A of the Energy Policy and Conservation Act (42 U.S.C. 
     6294a), which may be known as Tenant Star, to promote energy 
     efficiency in separate spaces leased by tenants or otherwise 
     occupied within commercial buildings.
       ``(c) Agreements.--Responsibilities under the program 
     developed under subsection (b) shall be divided between the 
     Secretary and the Administrator of the Environmental 
     Protection Agency in accordance with the terms of applicable 
     agreements between the Secretary and the Administrator.
       ``(d) Expanding Survey Data.--The Secretary, acting through 
     the Administrator of the Energy Information Administration, 
     shall--
       ``(1) collect, through each Commercial Building Energy 
     Consumption Survey of the Energy Information Administration 
     that is conducted after the date of enactment of this 
     section, data on--
       ``(A) categories of building occupancy that are known to 
     consume significant quantities of energy, such as occupancy 
     by law firms, data centers, trading floors, restaurants, 
     retail outlets, and financial services firms; and
       ``(B) other aspects of the property, building operation, or 
     building occupancy determined by the Administrator of the 
     Energy Information Administration, in consultation with the 
     Administrator of the Environmental Protection Agency, to be 
     relevant in lowering energy consumption; and
       ``(2) make data collected under paragraph (1) available to 
     the public in aggregated form and provide the data, and any 
     associated results, to the Administrator of the Environmental 
     Protection Agency for use in accordance with subsection (e).
       ``(e) Recognition of Owners and Tenants.--
       ``(1) Occupancy-based recognition.--Not later than 1 year 
     after the date on which the data described in subsection (d) 
     is received, the Secretary and the Administrator of the 
     Environmental Protection Agency shall, following an 
     opportunity for public notice and comment--
       ``(A) in a manner similar to the Energy Star rating system 
     for commercial buildings, develop voluntary policies and 
     procedures to recognize tenants that voluntarily achieve high 
     levels of energy efficiency in separate spaces;
       ``(B) establish building occupancy categories eligible for 
     Tenant Star recognition based on the data collected under 
     subsection (d)(1) and any associated results; and
       ``(C) consider other forms of recognition for commercial 
     building tenants or other occupants that lower energy 
     consumption in separate spaces.
       ``(2) Design- and construction-based recognition.--After 
     the study required under section 424(b) is completed and 
     following an opportunity for public notice and comment, the 
     Administrator of the Environmental Protection and the 
     Secretary may develop a voluntary program to recognize 
     commercial building owners and tenants that use high-
     performance energy efficiency measures in the design and 
     construction of separate spaces.''.
                                 ______
                                 
  SA 1848. Mr. REID (for Mr. Pryor (for himself, Ms. Ayotte, and Mr. 
Coburn)) proposed an amendment to the bill H.R. 1344, to amend title 
49, United States Code, to direct the Assistant Secretary of Homeland 
Security (Transportation Security Administration) to provide expedited 
air passenger screening to severely injured or disabled members of the 
Armed Forces and severely injured or disabled veterans, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Helping Heroes Fly Act''.

     SEC. 2. OPERATIONS CENTER PROGRAM FOR SEVERELY INJURED OR 
                   DISABLED MEMBERS OF THE ARMED FORCES AND 
                   SEVERELY INJURED OR DISABLED VETERANS.

       (a) In General.--Subchapter I of chapter 449 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 44927. Expedited screening for severely injured or 
       disabled members of the Armed Forces and severely injured 
       or disabled veterans

       ``(a) Passenger Screening.--The Assistant Secretary, in 
     consultation with the Secretary of Defense, the Secretary of 
     Veterans Affairs, and organizations identified by the 
     Secretaries of Defense and Veteran Affairs that advocate on 
     behalf of severely injured or disabled members of the Armed 
     Forces and severely injured or disabled veterans, shall 
     develop and implement a process to support and facilitate the 
     ease of travel and to the extent possible provide expedited 
     passenger screening services for severely injured or disabled 
     members of the Armed Forces and severely injured or disabled 
     veterans through passenger screening. The process shall be 
     designed to offer the individual private screening to the 
     maximum extent practicable.
       ``(b) Operations Center.--As part of the process under 
     subsection (a), the Assistant Secretary shall maintain an 
     operations center to provide support and facilitate the 
     movement of severely injured or disabled members of the Armed 
     Forces and severely injured or disabled veterans through 
     passenger screening prior to boarding a passenger aircraft 
     operated by an air carrier or foreign air carrier in air 
     transportation or intrastate air transportation.
       ``(c) Protocols.--The Assistant Secretary shall--
       ``(1) establish and publish protocols, in consultation with 
     the Secretary of Defense, the Secretary of Veterans Affairs, 
     and the organizations identified under subsection (a), under 
     which a severely injured or disabled member of the Armed 
     Forces or severely injured or disabled veteran, or the family 
     member or other representative of such member or veteran, may 
     contact the operations center maintained under subsection (b) 
     and request the expedited passenger screening services 
     described in subsection (a) for that member or veteran; and
       ``(2) upon receipt of a request under paragraph (1), 
     require the operations center to notify the appropriate 
     Federal Security Director of the request for expedited 
     passenger screening services, as described in subsection (a), 
     for that member or veteran.
       ``(d) Training.--The Assistant Secretary shall integrate 
     training on the protocols established under subsection (c) 
     into the training provided to all employees who will 
     regularly provide the passenger screening services described 
     in subsection (a).
       ``(e) Rule of Construction.--Nothing in this section shall 
     affect the authority of the Assistant Secretary to require 
     additional screening of a severely injured or disabled member 
     of the Armed Forces, a severely injured or disabled veteran, 
     or their accompanying family members or nonmedical 
     attendants, if intelligence, law enforcement, or other 
     information indicates that additional screening is necessary.
       ``(f) Report.--Not later than 1 year after the date of 
     enactment of this section, and annually thereafter, the 
     Assistant Secretary shall submit to Congress a report on the 
     implementation of this section. Each report shall include 
     each of the following:
       ``(1) Information on the training provided under subsection 
     (d).
       ``(2) Information on the consultations between the 
     Assistant Secretary and the organizations identified under 
     subsection (a).
       ``(3) The number of people who accessed the operations 
     center during the period covered by the report.
       ``(4) Such other information as the Assistant Secretary 
     determines is appropriate.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 449 of title 49, United 
     States Code, is amended by inserting after the item relating 
     to section 44926 the following new item:

``44927. Expedited screening for severely injured or disabled members 
              of the Armed Forces and severely injured or disabled 
              veterans.''.

                          ____________________