[Congressional Record Volume 159, Number 119 (Wednesday, September 11, 2013)]
[Senate]
[Pages S6381-S6394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       At the beginning of title IV, insert the following:

     SEC. 4__. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND 
                   WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY 
                   RESIDENTIAL UNITS.

       (a) Establishment.--The Secretary of Housing and Urban 
     Development (referred to in this section as the 
     ``Secretary'') shall establish a demonstration program under 
     which, during the period beginning on October 1, 2013, and 
     ending on September 30, 2016, the Secretary may enter into 
     budget-neutral, performance-based agreements that result in a 
     reduction in energy or water costs with such entities as the 
     Secretary determines to be appropriate under which the 
     entities shall carry out projects for energy or water 
     conservation improvements at not more than 20,000 residential 
     units in multifamily buildings participating in--
       (1) the project-based rental assistance program under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f), other than assistance provided under section 8(o) of 
     that Act;
       (2) the supportive housing for the elderly program under 
     section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
       (3) the supportive housing for persons with disabilities 
     program under section 811(d)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
       (b) Requirements.--
       (1) Payments contingent on savings.--
       (A) In general.--The Secretary shall provide to an entity a 
     payment under an agreement under this section only during 
     applicable years for which an energy or water cost savings is 
     achieved with respect to the applicable multifamily portfolio 
     of properties, as determined by the Secretary, in accordance 
     with subparagraph (B).
       (B) Payment methodology.--
       (i) In general.--Each agreement under this section shall 
     include a pay-for-success provision--

       (I) that will serve as a payment threshold for the term of 
     the agreement; and
       (II) pursuant to which the Department of Housing and Urban 
     Development shall share a percentage of the savings at a 
     level determined by the Secretary that is sufficient to cover 
     the administrative costs of carrying out this section.

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

       (I) be contingent on documented utility savings; and

[[Page S6382]]

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

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

     SEC. 5___. PROHIBITION ON ENERGY TAX.

       (a) Findings; Purposes.--
       (1) Findings.--Congress finds that--
       (A) on June 25, 2013, President Obama issued a Presidential 
     memorandum directing the Administrator of the Environmental 
     Protection Agency to issue regulations relating to power 
     sector carbon pollution standards for existing coal fired 
     power plants;
       (B) the issuance of that memorandum circumvents Congress 
     and the will of the people of the United States;
       (C) any action to control emissions of greenhouse gases 
     from existing coal fired power plants in the United States by 
     mandating a national energy tax would devastate major sectors 
     of the economy, cost thousands of jobs, and increase energy 
     costs for low-income households, small businesses, and 
     seniors on fixed income;
       (D) joblessness increases the likelihood of hospital 
     visits, illnesses, and premature deaths;
       (E) according to testimony on June 15, 2011, before the 
     Committee on Environment and Public Works of the Senate by 
     Dr. Harvey Brenner of Johns Hopkins University, ``The 
     unemployment rate is well established as a risk factor for 
     elevated illness and mortality rates in epidemiological 
     studies performed since the early 1980s. In addition to 
     influences on mental disorder, suicide and alcohol abuse and 
     alcoholism, unemployment is also an important risk factor in 
     cardiovascular disease and overall decreases in life 
     expectancy.'';
       (F) according to the National Center for Health Statistics, 
     ``children in poor families were four times as likely to be 
     in fair or poor health as children that were not poor'';
       (G) any major decision that would cost the economy of the 
     United States millions of dollars and lead to serious 
     negative health effects for the people of the United States 
     should be debated and explicitly authorized by Congress, not 
     approved by a Presidential memorandum or regulations; and
       (H) any policy adopted by Congress should make United 
     States energy as clean as practicable, as quickly as 
     practicable, without increasing the cost of energy for 
     struggling families, seniors, low-income households, and 
     small businesses.
       (2) Purposes.--The purposes of this section are--
       (A) to ensure that--
       (i) a national energy tax is not imposed on the economy of 
     the United States; and
       (ii) struggling families, seniors, low-income households, 
     and small businesses do not experience skyrocketing 
     electricity bills and joblessness;
       (B) to protect the people of the United States, 
     particularly families, seniors, and children, from the 
     serious negative health effects of joblessness;
       (C) to allow sufficient time for Congress to develop and 
     authorize an appropriate mechanism to address the energy 
     needs of the United States and the potential challenges posed 
     by severe weather; and
       (D) to restore the legislative process and congressional 
     authority over the energy policy of the United States.
       (b) Presidential Memorandum.--Notwithstanding any other 
     provision of law, the head of a Federal agency shall not 
     promulgate any regulation relating to power sector carbon 
     pollution standards or any substantially similar regulation 
     on or after June 25, 2013, unless that regulation is 
     explicitly authorized by an Act of Congress.
                                 ______
                                 
  SA 1854. Mr. BARRASSO (for himself and Mr. Flake) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 4____. SOCIAL COST OF CARBON.

       (a) In General.--Subject to subsection (b) and section 324B 
     of the Energy Policy and Conservation Act, until the date the 
     Secretary conducts an advanced notice of proposed rulemaking 
     and promulgates a proposed and final rule on the social cost 
     of carbon, the Secretary and the heads of other Federal 
     agencies shall not consider in any proceeding, regulation, 
     decision, or action to implement this Act or an amendment 
     made by this Act the social cost of carbon, as described in--
       (1) the document entitled ``Technical Support Document: 
     Technical Update of the Social Cost of Carbon for Regulatory 
     Impact Analysis under Executive Order 12866'', dated May 
     2013;
       (2) the document entitled ``Technical Support Document: 
     Technical Update of the Social Cost of Carbon for Regulatory 
     Impact Analysis under Executive Order 12866'', dated February 
     2010; or
       (3) any other similar document.
       (b) Effect on Regulations.--Subsection (a) shall not affect 
     any final rule that has been published in the Federal 
     Register before the date of enactment of this Act.
                                 ______
                                 
  SA 1855. Mr. FRANKEN submitted an amendment intended to be proposed 
by him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title I, add the following:

        Subtitle C--Energy Information for Commercial Buildings

     SEC. 121. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS.

       (a) Requirement of Benchmarking and Disclosure for Leasing 
     Buildings Without Energy Star Labels.--Section 435(b)(2) of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17091(b)(2)) is amended--
       (1) by striking ``paragraph (2)'' and inserting ``paragraph 
     (1)''; and
       (2) by striking ``signing the contract,'' and all that 
     follows through the period at the end and inserting the 
     following:
     ``signing the contract, the following requirements are met:
       ``(A) The space is renovated for all energy efficiency and 
     conservation improvements that would be cost effective over 
     the life of the lease, including improvements in lighting, 
     windows, and heating, ventilation, and air conditioning 
     systems.
       ``(B)(i) Subject to clause (ii), the space is benchmarked 
     under a nationally recognized, online, free benchmarking 
     program, with public disclosure, unless the space is a space 
     for which owners cannot access whole building utility 
     consumption data, including spaces--
       ``(I) that are located in States with privacy laws that 
     provide that utilities shall not provide such aggregated 
     information to multitenant building owners; and
       ``(II) for which tenants do not provide energy consumption 
     information to the commercial building owner in response to a 
     request from the building owner.
       ``(ii) A Federal agency that is a tenant of the space shall 
     provide to the building owner, or authorize the owner to 
     obtain from the utility, the energy consumption information 
     of the space for the benchmarking and disclosure required by 
     this subparagraph.''.
       (b) Department of Energy Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall complete a study, 
     with opportunity for public comment--
       (A) on the impact of--
       (i) State and local performance benchmarking and disclosure 
     policies, and any associated building efficiency policies,

[[Page S6383]]

     for commercial and multifamily buildings; and
       (ii) programs and systems in which utilities provide 
     aggregated information regarding whole building energy 
     consumption and usage information to owners of multitenant 
     commercial, residential, and mixed-use buildings;
       (B) that identifies best practice policy approaches studied 
     under subparagraph (A) that have resulted in the greatest 
     improvements in building energy efficiency; and
       (C) that considers--
       (i) compliance rates and the benefits and costs of the 
     policies and programs on building owners, utilities, tenants, 
     and other parties;
       (ii) utility practices, programs, and systems that provide 
     aggregated energy consumption information to multitenant 
     building owners, and the impact of public utility commissions 
     and State privacy laws on those practices, programs, and 
     systems;
       (iii) exceptions to compliance in existing laws where 
     building owners are not able to gather or access whole 
     building energy information from tenants or utilities;
       (iv) the treatment of buildings with--

       (I) multiple uses;
       (II) uses for which baseline information is not available; 
     and
       (III) uses that require high levels of energy intensities, 
     such as data centers, trading floors, and televisions 
     studios;

       (v) implementation practices, including disclosure methods 
     and phase-in of compliance;
       (vi) the safety and security of benchmarking tools offered 
     by government agencies, and the resiliency of those tools 
     against cyber-attacks; and
       (vii) international experiences with regard to building 
     benchmarking and disclosure laws and data aggregation for 
     multitenant buildings.
       (2) Submission to congress.--At the conclusion of the 
     study, the Secretary shall submit to Congress a report on the 
     results of the study.
       (c) Creation and Maintenance of Databases.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act and following opportunity for public 
     notice and comment, the Secretary, in coordination with other 
     relevant agencies shall, to carry out the purpose described 
     in paragraph (2)--
       (A) assess existing databases; and
       (B) as necessary--
       (i) modify and maintain existing databases; or
       (ii) create and maintain a new database platform.
       (2) Purpose.--The maintenance of existing databases or 
     creation of a new database platform under paragraph (1) shall 
     be for the purpose of storing and making available public 
     energy-related information on commercial and multifamily 
     buildings, including--
       (A) data provided under Federal, State, local, and other 
     laws or programs regarding building benchmarking and energy 
     information disclosure;
       (B) buildings that have received energy ratings and 
     certifications; and
       (C) energy-related information on buildings provided 
     voluntarily by the owners of the buildings, in an anonymous 
     form, unless the owner provides otherwise.
       (d) Competitive Awards.--Based on the results of the 
     research for the portion of the study described in subsection 
     (b)(1)(A)(ii), and with criteria developed following public 
     notice and comment, the Secretary may make competitive awards 
     to utilities, utility regulators, and utility partners to 
     develop and implement effective and promising programs to 
     provide aggregated whole building energy consumption 
     information to multitenant building owners.
       (e) Input From Stakeholders.--The Secretary shall seek 
     input from stakeholders to maximize the effectiveness of the 
     actions taken under this section.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Secretary shall submit to Congress a report on the progress 
     made in complying with this section.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (b) $2,500,000 for 
     each of fiscal years 2014 through 2018, to remain available 
     until expended.

     SEC. 122. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) (as amended by section 401) is 
     amended by striking paragraphs (4) through (6) and inserting 
     the following:
       ``(4) $200,000,000 for fiscal year 2013;
       ``(5) $197,500,000 for fiscal year 2014;
       ``(6) $147,500,000 for fiscal year 2015; and
       ``(7) $97,500,000 for each of fiscal years 2016 through 
     2018.''.
                                 ______
                                 
  SA 1856. Ms. KLOBUCHAR (for herself and Mr. Hoeven) submitted an 
amendment intended to be proposed by her to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 4___. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Applicant.--The term ``applicant'' means a nonprofit 
     organization that applies for a grant under this section.
       (2) Energy-efficiency improvement.--
       (A) In general.--The term ``energy-efficiency improvement'' 
     means an installed measure (including a product, equipment, 
     system, service, or practice) that results in a reduction in 
     use by a nonprofit organization for energy or fuel supplied 
     from outside the nonprofit building.
       (B) Inclusions.--The term ``energy-efficiency improvement'' 
     includes an installed measure described in subparagraph (A) 
     involving--
       (i) repairing, replacing, or installing--

       (I) a roof or lighting system, or component of a roof or 
     lighting system;
       (II) a window;
       (III) a door, including a security door; or
       (IV) a heating, ventilation, or air conditioning system or 
     component of the system (including insulation and wiring and 
     plumbing improvements needed to serve a more efficient 
     system);

       (ii) a renewable energy generation or heating system, 
     including a solar, photovoltaic, wind, geothermal, or biomass 
     (including wood pellet) system or component of the system; 
     and
       (iii) any other measure taken to modernize, renovate, or 
     repair a nonprofit building to make the nonprofit building 
     more energy efficient.
       (3) Nonprofit building.--
       (A) In general.--The term ``nonprofit building'' means a 
     building operated and owned by a nonprofit organization.
       (B) Inclusions.--The term ``nonprofit building'' includes a 
     building described in subparagraph (A) that is--
       (i) a hospital;
       (ii) a youth center;
       (iii) a school;
       (iv) a social-welfare program facility;
       (v) a house of worship; and
       (vi) any other nonresidential and noncommercial structure.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a pilot 
     program to award grants for the purpose of retrofitting 
     nonprofit buildings with energy-efficiency improvements.
       (c) Grants.--
       (1) In general.--The Secretary may award grants under the 
     program established under subsection (b).
       (2) Application.--The Secretary may award a grant under 
     this section if an applicant submits to the Secretary an 
     application at such time, in such form, and containing such 
     information as the Secretary may prescribe.
       (3) Criteria for grant.--In determining whether to award a 
     grant under this section, the Secretary shall apply 
     performance-based criteria, which shall give priority to 
     applications based on--
       (A) the energy savings achieved;
       (B) the cost-effectiveness of the energy-efficiency 
     improvement;
       (C) an effective plan for evaluation, measurement, and 
     verification of energy savings;
       (D) the financial need of the applicant; and
       (E) the percentage of the matching contribution by the 
     applicant.
       (4) Limitation on individual grant amount.--Each grant 
     awarded under this section shall not exceed--
       (A) an amount equal to 50 percent of the energy-efficiency 
     improvement; and
       (B) $200,000.
       (5) Cost sharing.--
       (A) In general.--A grant awarded under this section shall 
     be subject to a minimum non-Federal cost-sharing requirement 
     of 50 percent.
       (B) In-kind contributions.--The non-Federal share may be 
     provided in the form of in-kind contributions of materials or 
     services.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2014 through 2018, to remain available 
     until expended.
       (e) Offset.--Section 942(f) of the Energy Policy Act of 
     2005 (42 U.S.C. 16251(f)) is amended by striking 
     ``$250,000,000'' and inserting ``$200,000,000''.
                                 ______
                                 
  SA 1857. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title IV, add the following:

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

       (a) In General.--The Office of Advocacy shall conduct an 
     annual study of the total cost of Federal regulations to 
     small business concerns.
       (b) Methodology.--In conducting each study required under 
     subsection (a), the Office of Advocacy shall use a 
     methodology that is substantially similar to the methodology 
     used in conducting the study described in the report released 
     by the Office of Advocacy entitled ``The Impact of Regulatory 
     Costs on Small Firms'' (September 2010).
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Office of 
     Advocacy shall submit to Congress a report on the findings of 
     the most recent study conducted under subsection (a), which 
     shall include an estimate of the total annual cost of Federal 
     regulations to small business concerns, by agency.

[[Page S6384]]

       (d) Funding.--
       (1) In general.--The Office of Advocacy shall carry out 
     this section using unobligated funds otherwise made available 
     to the Office of Advocacy.
       (2) Sense of congress regarding funding.--It is the sense 
     of Congress that no additional funds should be made available 
     to the Administration or to the Office of Advocacy to carry 
     out this section.
       (e) Definitions.--In this section--
       (1) the term ``Administration'' means the Small Business 
     Administration;
       (2) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (3) the term ``Office of Advocacy'' means the Office of 
     Advocacy of the Administration; and
       (4) the term ``small business concern'' has the meaning 
     given the term under section 3 of the Small Business Act (15 
     U.S.C. 632).
                                 ______
                                 
  SA 1858. Mr. WYDEN (for Mr. Merkley) proposed an amendment to the 
bill S. 1392, to promote energy savings in residential buildings and 
industry, and for other purposes; as follows:

       At the end of title IV, add the following:

     SEC. 4____. STUDY OF STANDBY POWER USAGE STANDARDS 
                   IMPLEMENTED BY THE STATES AND OTHER 
                   INDUSTRIALIZED NATIONS.

       (a) Study.--
       (1) In general.--The Secretary shall conduct a study of 
     standby power usage standards that have been implemented by 
     States and other industrialized nations.
       (2) Requirement.--In conducting the study under paragraph 
     (1), the Secretary shall evaluate which of the standards 
     studied would be economically and technologically feasible to 
     implement throughout the United States for appliances and 
     electronic devices covered under section 322 or 325 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6292, 6295).
       (b) Report.--On completion of the study under subsection 
     (a), the Secretary shall submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Energy and Commerce of the House of Representatives a report 
     that describes the results of the study and the findings of 
     the Secretary under subsection (a)(2).
                                 ______
                                 
  SA 1859. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

                Subtitle B--Advanced Vehicle Technology

     SEC. 411. OBJECTIVES.

       The objectives of this subtitle are--
       (1) to reform and reorient the vehicle technologies 
     programs of the Department;
       (2) to establish a clear and consistent authority for 
     vehicle technologies programs of the Department;
       (3) to develop United States technologies and practices 
     that--
       (A) improve the fuel efficiency and emissions of all 
     vehicles produced in the United States; and
       (B) reduce vehicle reliance on petroleum-based fuels;
       (4) to support domestic research, development, engineering, 
     demonstration, and commercial application and manufacturing 
     of advanced vehicles, engines, and components;
       (5) to enable vehicles to move larger volumes of goods and 
     more passengers with less energy and emissions;
       (6) to develop cost-effective advanced technologies for 
     wide-scale utilization throughout the passenger, commercial, 
     government, and transit vehicle sectors;
       (7) to allow for greater consumer choice of vehicle 
     technologies and fuels;
       (8) to shorten technology development and integration 
     cycles in the vehicle industry;
       (9) to ensure a proper balance and diversity of Federal 
     investment in vehicle technologies and among vehicle classes; 
     and
       (10) to strengthen partnerships between Federal and State 
     governmental agencies and the private and academic sectors.

     SEC. 412. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 413. COORDINATION AND NONDUPLICATION.

       (a) Coordination.--The Secretary shall ensure that 
     activities authorized by this subtitle do not duplicate 
     activities of other programs within the Department or other 
     relevant agencies.
       (b) Cost-sharing Requirement.--The activities carried out 
     under this subtitle shall be subject to the cost-sharing 
     requirements of section 988 of the Energy Policy Act of 2005 
     (42 U.S.C. 16352).

     SEC. 414. VEHICLE RESEARCH AND DEVELOPMENT.

       (a) Program.--
       (1) Activities.--The Secretary shall conduct a program of 
     basic and applied research, development, engineering, 
     demonstration, and commercial application activities on 
     materials, technologies, and processes with the potential to 
     substantially reduce or eliminate petroleum use and the 
     emissions of the Nation's passenger and commercial vehicles, 
     including activities in the areas of--
       (A) hybridization or full electrification of vehicle 
     systems;
       (B) batteries, ultracapacitors, and other energy storage 
     devices;
       (C) power electronics;
       (D) vehicle, component, and subsystem manufacturing 
     technologies and processes;
       (E) engine efficiency and combustion optimization;
       (F) waste heat recovery;
       (G) transmission and drivetrains;
       (H) hydrogen vehicle technologies, including fuel cells and 
     internal combustion engines, and hydrogen infrastructure;
       (I) compressed natural gas and liquefied petroleum gas 
     vehicle technologies;
       (J) aerodynamics, rolling resistance, and accessory power 
     loads of vehicles and associated equipment;
       (K) vehicle weight reduction, including lightweighting 
     materials;
       (L) friction and wear reduction;
       (M) engine and component durability;
       (N) innovative propulsion systems;
       (O) advanced boosting systems;
       (P) hydraulic hybrid technologies;
       (Q) engine compatibility with and optimization for a 
     variety of transportation fuels including natural gas and 
     other liquid and gaseous fuels;
       (R) predictive engineering, modeling, and simulation of 
     vehicle and transportation systems;
       (S) refueling and charging infrastructure for alternative 
     fueled and electric or plug-in electric hybrid vehicles, 
     including the unique challenges facing rural areas;
       (T) gaseous fuels storage systems and system integration 
     and optimization;
       (U) sensing, communications, and actuation technologies for 
     vehicle, electrical grid, and infrastructure;
       (V) efficient use, substitution, and recycling of 
     potentially critical materials in vehicles, including rare 
     earth elements and precious metals, at risk of supply 
     disruption;
       (W) aftertreatment technologies;
       (X) thermal management of battery systems;
       (Y) retrofitting advanced vehicle technologies to existing 
     vehicles;
       (Z) development of common standards, specifications, and 
     architectures for both transportation and stationary battery 
     applications;
       (AA) advanced internal combustion engines; and
       (BB) other research areas as determined by the Secretary.
       (2) Transformational technology.--The Secretary shall 
     ensure that the Department continues to support research, 
     development, engineering, demonstration, and commercial 
     application activities and maintains competency in mid- to 
     long-term transformational vehicle technologies with 
     potential to achieve deep reductions in petroleum use and 
     emissions, including activities in the areas of--
       (A) hydrogen vehicle technologies, including fuel cells, 
     internal combustion engines, hydrogen storage, 
     infrastructure, and activities in hydrogen technology 
     validation and safety codes and standards;
       (B) multiple battery chemistries and novel energy storage 
     devices, including nonchemical batteries, ultracapacitors and 
     electromechanical storage technologies such as hydraulics, 
     flywheels, and compressed air storage;
       (C) communication, connectivity, and power flow among 
     vehicles, infrastructure, and the electrical grid; and
       (D) other innovative technologies research and development, 
     as determined by the Secretary.
       (3) Industry participation.--To the maximum extent 
     practicable, activities under this subtitle shall be carried 
     out in partnership or collaboration with automotive 
     manufacturers, heavy commercial, vocational, and transit 
     vehicle manufacturers, qualified plug-in electric vehicle 
     manufacturers, compressed natural gas and liquefied petroleum 
     gas vehicle manufacturers, vehicle and engine equipment and 
     component manufacturers, manufacturing equipment 
     manufacturers, advanced vehicle service providers, fuel 
     producers and energy suppliers, electric utilities, 
     universities, national laboratories, and independent research 
     laboratories. In carrying out this subtitle the Secretary 
     shall--
       (A) determine whether a wide range of companies that 
     manufacture or assemble vehicles or components in the United 
     States are represented in ongoing public private partnership 
     activities, including firms that have not traditionally 
     participated in federally sponsored research and development 
     activities, and where possible, partner with such firms that 
     conduct significant and relevant research and development 
     activities in the United States;
       (B) leverage the capabilities and resources of, and 
     formalize partnerships with, industry-led stakeholder 
     organizations, nonprofit organizations, industry consortia, 
     and trade associations with expertise in the research and 
     development of, and education and outreach activities in, 
     advanced automotive and commercial vehicle technologies;
       (C) develop more efficient processes for transferring 
     research findings and technologies to industry;
       (D) give consideration to conversion of existing or former 
     vehicle technology development or manufacturing facilities 
     for the purposes of this subtitle;

[[Page S6385]]

       (E) establish and support public-private partnerships, 
     dedicated to overcoming barriers in commercial application of 
     transformational vehicle technologies, that utilize such 
     industry-led technology development facilities of entities 
     with demonstrated expertise in successfully designing and 
     engineering pre-commercial generations of such 
     transformational technology; and
       (F) promote efforts to ensure that technology research, 
     development, engineering, and commercial application 
     activities funded under this subtitle are carried out in the 
     United States.
       (4) Interagency and intraagency coordination.--To the 
     maximum extent practicable, the Secretary shall coordinate 
     research, development, demonstration, and commercial 
     application activities among--
       (A) relevant programs within the Department, including--
       (i) the Office of Energy Efficiency and Renewable Energy;
       (ii) the Office of Science;
       (iii) the Office of Electricity Delivery and Energy 
     Reliability;
       (iv) the Office of Fossil Energy;
       (v) the Advanced Research Projects Agency--Energy; and
       (vi) other offices as determined by the Secretary; and
       (B) relevant technology research and development programs 
     within the Department of Transportation and other Federal 
     agencies, as determined by the Secretary.
       (5) Federal demonstration of technologies.--The Secretary 
     shall make information available to procurement programs of 
     Federal agencies regarding the potential to demonstrate 
     technologies resulting from activities funded through 
     programs under this subtitle.
       (6) Intergovernmental coordination.--The Secretary shall 
     seek opportunities to leverage resources and support 
     initiatives of State and local governments in developing and 
     promoting advanced vehicle technologies, manufacturing, and 
     infrastructure.
       (7) Criteria.--When awarding cost-shared grants under this 
     program, the Secretary shall give priority to those 
     technologies (either individually or as part of a system) 
     that--
       (A) provide the greatest aggregate fuel savings based on 
     the reasonable projected sales volumes of the technology; and
       (B) provide the greatest increase in United States 
     employment.
       (b) Sensing and Communications Technologies.--
       (1) In general.--The Secretary, in coordination with the 
     Secretary of Transportation and the relevant research 
     programs of other Federal agencies, shall conduct research, 
     development, engineering, and demonstration activities on 
     connectivity of vehicle and transportation systems, including 
     on sensing, computation, communication, and actuation 
     technologies that allow for reduced fuel use, optimized 
     traffic flow, and vehicle electrification, including 
     technologies for--
       (A) onboard vehicle, engine, and component sensing and 
     actuation;
       (B) vehicle-to-vehicle sensing and communication;
       (C) vehicle-to-infrastructure sensing and communication; 
     and
       (D) vehicle integration with the electrical grid, including 
     communications to provide grid services.
       (2) Coordination.--The activities carried out under this 
     section shall supplement (and not supplant) activities under 
     the intelligent transportation system research program of the 
     Department of Transportation.
       (c) Manufacturing.--The Secretary shall carry out a 
     research, development, engineering, demonstration, and 
     commercial application program of advanced vehicle 
     manufacturing technologies and practices, including 
     innovative processes to--
       (1) increase the production rate and decrease the cost of 
     advanced battery manufacturing;
       (2) vary the capability of individual manufacturing 
     facilities to accommodate different battery chemistries and 
     configurations;
       (3) reduce waste streams, emissions, and energy-intensity 
     of vehicle, engine, advanced battery and component 
     manufacturing processes;
       (4) recycle and remanufacture used batteries and other 
     vehicle components for reuse in vehicles or stationary 
     applications;
       (5) produce cost-effective lightweight materials such as 
     advanced metal alloys, polymeric composites, and carbon 
     fiber;
       (6) produce lightweight high pressure storage systems for 
     gaseous fuels;
       (7) design and manufacture purpose-built hydrogen and fuel 
     cell vehicles and components;
       (8) improve the calendar life and cycle life of advanced 
     batteries; and
       (9) produce permanent magnets for advanced vehicles.
       (d) Reporting.--
       (1) Technologies developed.--Not later than 18 months after 
     the date of enactment of this Act and annually thereafter 
     through 2017, the Secretary shall transmit to Congress a 
     report regarding the technologies developed as a result of 
     the activities authorized by this section, with a particular 
     emphasis on whether the technologies were successfully 
     adopted for commercial applications, and if so, whether 
     products relying on those technologies are manufactured in 
     the United States.
       (2) Additional matters.--At the end of each fiscal year 
     through 2017 the Secretary shall submit to the relevant 
     Congressional committees of jurisdiction an annual report 
     describing activities undertaken in the previous year under 
     this section, active industry participants, efforts to 
     recruit new participants committed to design, engineering, 
     and manufacturing of advanced vehicle technologies in the 
     United States, progress of the program in meeting goals and 
     timelines, and a strategic plan for funding of activities 
     across agencies.

     SEC. 415. MEDIUM AND HEAVY DUTY COMMERCIAL AND TRANSIT 
                   VEHICLES.

       (a) Program.--
       (1) In general.--The Secretary, in partnership with 
     relevant research and development programs in other Federal 
     agencies, and a range of appropriate industry stakeholders, 
     shall carry out a program of cooperative research, 
     development, demonstration, and commercial application 
     activities on advanced technologies for medium- to heavy-duty 
     commercial, vocational, recreational, and transit vehicles, 
     including activities in the areas of--
       (A) engine efficiency and combustion research;
       (B) onboard storage technologies for compressed natural gas 
     and liquefied petroleum gas;
       (C) development and integration of engine technologies 
     designed for compressed natural gas and liquefied petroleum 
     gas operation of a variety of vehicle platforms;
       (D) waste heat recovery and conversion;
       (E) improved aerodynamics and tire rolling resistance;
       (F) energy and space-efficient emissions control systems;
       (G) heavy hybrid, hybrid hydraulic, plug-in hybrid, and 
     electric platforms, and energy storage technologies;
       (H) drivetrain optimization;
       (I) friction and wear reduction;
       (J) engine idle and parasitic energy loss reduction;
       (K) electrification of accessory loads;
       (L) onboard sensing and communications technologies;
       (M) advanced lightweighting materials and vehicle designs;
       (N) increasing load capacity per vehicle;
       (O) thermal management of battery systems;
       (P) recharging infrastructure;
       (Q) compressed natural gas and liquefied petroleum gas 
     infrastructure;
       (R) advanced internal combustion engines;
       (S) complete vehicle modeling and simulation;
       (T) hydrogen vehicle technologies, including fuel cells and 
     internal combustion engines, and hydrogen infrastructure;
       (U) retrofitting advanced technologies onto existing truck 
     fleets; and
       (V) integration of these and other advanced systems onto a 
     single truck and trailer platform.
       (2) Leadership.--
       (A) In general.--The Secretary shall appoint a full-time 
     Director to coordinate research, development, demonstration, 
     and commercial application activities in medium- to heavy-
     duty commercial, recreational, and transit vehicle 
     technologies.
       (B) Responsibilities of the director.--The responsibilities 
     of the Director shall be to--
       (i) improve coordination and develop consensus between 
     government agency and industry partners, and propose new 
     processes for program management and priority setting to 
     better align activities and budgets among partners;
       (ii) regularly convene workshops, site visits, 
     demonstrations, conferences, investor forums, and other 
     events in which information and research findings are shared 
     among program participants and interested stakeholders;
       (iii) develop a budget for the Department's activities with 
     regard to the interagency program, and provide consultation 
     and guidance on vehicle technology funding priorities across 
     agencies;
       (iv) determine a process for reviewing program technical 
     goals, targets, and timetables and, where applicable, aided 
     by life-cycle impact and cost analysis, propose revisions or 
     elimination based on program progress, available funding, and 
     rate of technology adoption;
       (v) evaluate ongoing activities of the program and 
     recommend project modifications, including the termination of 
     projects, where applicable;
       (vi) recruit new industry participants to the interagency 
     program, including truck, trailer, and component 
     manufacturers who have not traditionally participated in 
     federally sponsored research and technology development 
     activities; and
       (vii) other responsibilities as determined by the 
     Secretary, in consultation with interagency and industry 
     partners.
       (3) Reporting.--At the end of each fiscal year, the 
     Secretary shall submit to the Congress an annual report 
     describing activities undertaken in the previous year, active 
     industry participants, efforts to recruit new participants, 
     progress of the program in meeting goals and timelines, and a 
     strategic plan for funding of activities across agencies.
       (b) Class 8 Truck and Trailer Systems Demonstration.--
       (1) In general.--The Secretary shall conduct a competitive 
     grant program to demonstrate the integration of multiple 
     advanced technologies on Class 8 truck and trailer platforms 
     with a goal of improving overall freight efficiency, as 
     measured in tons and volume of freight hauled or other

[[Page S6386]]

     work performance-based metrics, by 50 percent, including a 
     combination of technologies listed in subsection (a)(1).
       (2) Eligible applicants.--Applicant teams may be comprised 
     of truck and trailer manufacturers, engine and component 
     manufacturers, fleet customers, university researchers, and 
     other applicants as appropriate for the development and 
     demonstration of integrated Class 8 truck and trailer 
     systems.
       (c) Technology Testing and Metrics.--The Secretary, in 
     coordination with the partners of the interagency research 
     program described in subsection (a)(1)--
       (1) shall develop standard testing procedures and 
     technologies for evaluating the performance of advanced heavy 
     vehicle technologies under a range of representative duty 
     cycles and operating conditions, including for heavy hybrid 
     propulsion systems;
       (2) shall evaluate heavy vehicle performance using work 
     performance-based metrics other than those based on miles per 
     gallon, including those based on units of volume and weight 
     transported for freight applications, and appropriate metrics 
     based on the work performed by nonroad systems; and
       (3) may construct heavy duty truck and bus testing 
     facilities.
       (d) Nonroad Systems Pilot Program.--The Secretary shall 
     undertake a pilot program of research, development, 
     demonstration, and commercial applications of technologies to 
     improve total machine or system efficiency for nonroad mobile 
     equipment including agricultural and construction equipment, 
     and shall seek opportunities to transfer relevant research 
     findings and technologies between the nonroad and on-highway 
     equipment and vehicle sectors.
       (e) Repeal of Existing Authorities.--
       (1) In general.--Sections 706, 711, 712, and 933 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062, 
     16233) are repealed.
       (2) Energy efficiency.--Section 911 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16191) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A), by striking ``vehicles, 
     buildings,'' and inserting ``buildings''; and
       (ii) in paragraph (2)--

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

       (B) in subsection (c)--
       (i) by striking paragraph (3);
       (ii) by redesignating paragraph (4) as paragraph (3); and
       (iii) in paragraph (3) (as so redesignated), by striking 
     ``(a)(2)(D)'' and inserting ``(a)(2)(C)''.
       (3) Energy storage competitiveness.--Section 641 of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17231) is amended--
       (A) by striking subsection (j);
       (B) by redesignating subsections (k) through (p) as 
     subsections (j) through (o), respectively; and
       (C) in subsection (o) (as so redesignated)--
       (i) in paragraph (2), by striking ``and;'' after the 
     semicolon at the end;
       (ii) in paragraph (4), by inserting ``and'' after the 
     semicolon at the end;
       (iii) by striking paragraph (5);
       (iv) by redesignating paragraph (6) as paragraph (5); and
       (v) in paragraph (5) (as so redesignated), by striking 
     ``subsection (k)'' and inserting ``subsection (j)''.
                                 ______
                                 
  SA 1860. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SECTION 5__. USE OF FEDERAL DISASTER RELIEF AND EMERGENCY 
                   ASSISTANCE FOR ENERGY-EFFICIENT PRODUCTS AND 
                   STRUCTURES.

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

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

       ``(a) Definitions.--In this section--
       ``(1) the term `energy-efficient product' means a product 
     that--
       ``(A) meets or exceeds the requirements for designation 
     under an Energy Star program established under section 324A 
     of the of the Energy Policy and Conservation Act of 1975 (42 
     U.S.C. 6294a); or
       ``(B) meets or exceeds the requirements for designation as 
     being among the highest 25 percent of equivalent products for 
     energy efficiency under the Federal Energy Management 
     Program; and
       ``(2) the term `energy-efficient structure' means a 
     residential structure, a public facility, or a private 
     nonprofit facility that meets or exceeds the requirements of 
     American Society of Heating, Refrigerating and Air-
     Conditioning Engineers Standard 90.1-2010 or the 2013 
     International Energy Conservation Code, or any successor 
     thereto.
       ``(b) Use of Assistance.--A recipient of assistance 
     relating to a major disaster or emergency may use the 
     assistance to replace or repair a damaged product or 
     structure with an energy-efficient product or energy-
     efficient structure.''.
       (b) Applicability.--The amendment made by this section 
     shall apply to assistance made available under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.) before, on, or after the date of 
     enactment of this Act that is expended on or after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 1861. Mr. JOHNSON of Wisconsin (for himself and Mr. Coburn) 
submitted an amendment intended to be proposed by him to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 3, strike line 1 and all that follows 
     through page 44, line 23.
       Beginning on page 47, strike line 16 and all that follows 
     through page 48, line 16.
                                 ______
                                 
  SA 1862. Mr. JOHNSON of Wisconsin (for himself and Mr. Coburn) 
submitted an amendment intended to be proposed by him to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

               TITLE I--FEDERAL AGENCY ENERGY EFFICIENCY

     SEC. 101. ADOPTION OF INFORMATION AND COMMUNICATIONS 
                   TECHNOLOGY POWER SAVINGS TECHNIQUES BY FEDERAL 
                   AGENCIES.

       (a) In General.--Not later than 360 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Defense, the Secretary of Veterans Affairs, 
     and the Administrator of General Services, shall issue 
     guidance for Federal agencies to employ advanced tools 
     promoting energy efficiency and energy savings through the 
     use of information and communications technologies, including 
     computer hardware, operation and maintenance processes, 
     energy efficiency software, and power management tools.
       (b) Reports on Plans and Savings.--Not later than 180 days 
     after the date of the issuance of the guidance under 
     subsection (a), each Federal agency shall submit to the 
     Secretary a report that describes--
       (1) the plan of the agency for implementing the guidance 
     within the agency; and
       (2) estimated energy and financial savings from employing 
     the tools and processes described in subsection (a).

     SEC. 102. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

       Section 3307 of title 40, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Availability of Funds for Design Updates.--
       ``(1) In general.--Subject to paragraph (2), for any 
     project for which congressional approval is received under 
     subsection (a) and for which the design has been 
     substantially completed but construction has not begun, the 
     Administrator of General Services may use appropriated funds 
     to update the project design to meet applicable Federal 
     building energy efficiency standards established under 
     section 305 of the Energy Conservation and Production Act (42 
     U.S.C. 6834) and other requirements established under section 
     3312.
       ``(2) Limitation.--The use of funds under paragraph (1) 
     shall not exceed 125 percent of the estimated energy or other 
     cost savings associated with the updates as determined by a 
     life cycle cost analysis under section 544 of the National 
     Energy Conservation Policy Act (42 U.S.C. 8254).''.

     SEC. 103. FEDERAL DATA CENTER CONSOLIDATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator for the Office of E-
     Government and Information Technology within the Office of 
     Management and Budget shall develop and publish a goal for 
     the total amount of planned energy and cost savings and 
     increased productivity by the Federal Government through the 
     consolidation of Federal data centers during the 5-year 
     period beginning on the date of enactment of this Act, which 
     shall include a breakdown on a year-by-year basis of the 
     projected savings and productivity gains.
       (b) Administration.--Nothing in this section applies to the 
     High Performance Computing Modernization Program (HPCMP) of 
     the Department of Defense.
                                 ______
                                 
  SA 1863. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Flake) 
submitted an amendment intended to be proposed by him to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 401. REGIONAL HAZE PROGRAM.

       Notwithstanding any other provision of law, the 
     Administrator of the Environmental Protection Agency 
     (referred to in this section as the ``Administrator'') shall 
     not reject or disapprove in whole or in part a State regional 
     haze implementation plan addressing

[[Page S6387]]

     any regional haze regulation of the Environmental Protection 
     Agency (including the regulations described in section 51.308 
     of title 40, Code of Federal Regulations (or successor 
     regulations)) if--
       (1) the State has submitted to the Administrator a State 
     implementation plan for regional haze that--
       (A) considers the factors identified in section 169A of the 
     Clean Air Act (42 U.S.C. 7491); and
       (B) applies the relevant laws (including regulations);
       (2) the Administrator fails to demonstrate using the best 
     available science that a Federal implementation plan action 
     governing a specific source, when compared to the State plan, 
     does not result in greater than a 1.0 deciview improvement in 
     any class I area (as classified under section 162 of the 
     Clean Air Act (42 U.S.C. 7472)); and
       (3) implementation of the Federal implementation plan, when 
     compared to the State plan, will result in an economic cost 
     to the State or to the private sector of greater than 
     $100,000,000 in any fiscal year or $300,000,000 in the 
     aggregate.
                                 ______
                                 
  SA 1864. Mr. ENZI (for himself and Mr. Barrasso) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 4__. CONVEYANCE TO STATES OF PROPERTY INTEREST IN STATE 
                   SHARE OF ROYALTIES AND OTHER PAYMENTS.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) in the first sentence of subsection (a), by striking 
     ``shall be paid into the Treasury'' and inserting ``shall, 
     except as provided in subsection (d), be paid into the 
     Treasury'';
       (2) in subsection (c)(1), by inserting ``and except as 
     provided in subsection (d)'' before ``, any rentals''; and
       (3) by adding at the end the following:
       ``(d) Conveyance to States of Property Interest in State 
     Share.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, on request of a State (other than the State of Alaska) 
     and in lieu of any payments to the State under subsection 
     (a), the Secretary of the Interior shall convey to the State 
     all right, title, and interest in and to 50 percent of all 
     amounts otherwise required to be paid into the Treasury under 
     subsection (a) from sales, bonuses, royalties (including 
     interest charges), and rentals for all public land or 
     deposits located in the State.
       ``(2) State of alaska.--Notwithstanding any other provision 
     of law, on request of the State of Alaska and in lieu of any 
     payments to the State under subsection (a), the Secretary of 
     the Interior shall convey to the State all right, title, and 
     interest in and to 90 percent of all amounts otherwise 
     required to be paid into the Treasury under subsection (a) 
     from sales, bonuses, royalties (including interest charges), 
     and rentals for all public land or deposits located in the 
     State.
       ``(3) Amount.--Notwithstanding any other provision of law, 
     after a conveyance to a State under paragraph (1) or (2), any 
     person shall pay directly to the State any amount owed by the 
     person for which the right, title, and interest has been 
     conveyed to the State under this subsection.
       ``(4) Notice.--The Secretary of the Interior shall promptly 
     provide to each holder of a lease of public land to which 
     subsection (a) applies that are located in a State to which 
     right, title, and interest is conveyed under this subsection 
     notice that--
       ``(A) the Secretary of the Interior has conveyed to the 
     State all right, title, and interest in and to the amounts 
     referred to in paragraph (1) or (2); and
       ``(B) the leaseholder is required to pay the amounts 
     directly to the State.''.
                                 ______
                                 
  SA 1865. Mr. TOOMEY (for himself, Mr. Coburn, Mr. Flake, and Mr. 
Risch) submitted an amendment intended to be proposed by him to the 
bill S. 1392, to promote energy savings in residential buildings and 
industry, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 4____. REPEAL OF RENEWABLE FUEL STANDARD.

       (a) In General.--Section 211 of the Clean Air Act (42 
     U.S.C. 7545) is amended by striking subsection (o).
       (b) Additional Repeal.--Section 204 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 7545 note; 
     Public Law 110-140) is repealed.
       (c) Regulations.--Beginning on the date of enactment of 
     this Act, the regulations under subparts K and M of part 80 
     of title 40, Code of Federal Regulations (as in effect on 
     that date of enactment), shall have no force or effect.
                                 ______
                                 
  SA 1866. Mr. VITTER (for himself, Mr. Enzi, Mr. Heller, Mr. Lee, Mr. 
Johnson of Wisconsin, and Mr. Inhofe) submitted an amendment intended 
to be proposed by him to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL 
                   STAFF AND MEMBERS OF THE EXECUTIVE BRANCH.

       Section 1312(d)(3)(D) of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended--
       (1) by striking the subparagraph heading and inserting the 
     following:
       ``(D) Members of congress, congressional staff, and 
     political appointees in the exchange.--'';
       (2) in clause (i), in the matter preceding subclause (I)--
       (A) by striking ``and congressional staff with'' and 
     inserting ``, congressional staff, the President, the Vice 
     President, and political appointees with''; and
       (B) by striking ``or congressional staff shall'' and 
     inserting ``, congressional staff, the President, the Vice 
     President, or a political appointee shall'';
       (3) in clause (ii)--
       (A) in subclause (II), by inserting after ``Congress,'' the 
     following: ``of a committee of Congress, or of a leadership 
     office of Congress,''; and
       (B) by adding at the end the following:

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

       ``(aa) is employed in a position described under sections 
     5312 through 5316 of title 5, United States Code, (relating 
     to the Executive Schedule);
       ``(bb) is a limited term appointee, limited emergency 
     appointee, or noncareer appointee in the Senior Executive 
     Service, as defined under paragraphs (5), (6), and (7), 
     respectively, of section 3132(a) of title 5, United States 
     Code; or
       ``(cc) is employed in a position in the executive branch of 
     the Government of a confidential or policy-determining 
     character under schedule C of subpart C of part 213 of title 
     5 of the Code of Federal Regulations.''; and
       (4) by adding at the end the following:
       ``(iii) Government contribution.--No Government 
     contribution under section 8906 of title 5, United States 
     Code, shall be provided on behalf of an individual who is a 
     Member of Congress, a congressional staff member, the 
     President, the Vice President, or a political appointees for 
     coverage under this paragraph.
       ``(iv) Limitation on amount of tax credit or cost-
     sharing.--An individual enrolling in health insurance 
     coverage pursuant to this paragraph shall not be eligible to 
     receive a tax credit under section 36B of the Internal 
     Revenue Code of 1986 or reduced cost sharing under section 
     1402 of this Act in an amount that exceeds the total amount 
     for which a similarly situated individual (who is not so 
     enrolled) would be entitled to receive under such sections.
       ``(v) Limitation on discretion for designation of staff.--
     Notwithstanding any other provision of law, a Member of 
     Congress shall not have discretion in determinations with 
     respect to which employees employed by the office of such 
     Member are eligible to enroll for coverage through an 
     Exchange.''.
                                 ______
                                 
  SA 1867. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONDITIONING PROVISION OF PREMIUM AND COST-SHARING 
                   SUBSIDIES UNDER THE PATIENT PROTECTION AND 
                   AFFORDABLE CARE ACT UPON CERTIFICATION THAT A 
                   PROGRAM TO VERIFY HOUSEHOLD INCOME AND OTHER 
                   QUALIFICATIONS FOR THOSE SUBSIDIES IS 
                   OPERATIONAL.

       Notwithstanding any other provision of law, no premium tax 
     credits shall be permitted under section 36B of the Internal 
     Revenue Code of 1986 and no reductions in cost-sharing shall 
     be permitted under section 1402 of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 18071) prior to the date on 
     which the Inspector General of the Department of Health and 
     Human Services certifies to Congress that there is in place a 
     program that successfully and consistently verifies, 
     consistent with section 1411 of such Act (42 U.S.C. 18081), 
     the household income and coverage requirements of individuals 
     applying for such credits and cost-sharing reduction 
     reductions.
                                 ______
                                 
  SA 1868. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 4___. GUIDELINES TO ENCOURAGE FEDERAL EMPLOYEES TO HELP 
                   REDUCE ENERGY USE AND COSTS.

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

[[Page S6388]]

     Federal agency by requiring employees of the Federal agency 
     to--
       (1) turn off the lights in the work areas of the employees 
     at the end of the work day; and
       (2) turn off or unplugging other devices that consume 
     energy during periods in which the employees are not in the 
     office.
                                 ______
                                 
  SA 1869. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 4___. CERTIFICATION REQUIRED.

       (a) In General.--The Secretary shall certify that the 
     amount of energy cost savings over a 10-year period as a 
     result of each project or activity funded under this Act or 
     an amendment made by this Act would equal or exceed the cost 
     of the project or activity.
       (b) Actual Energy Use.--On completion of a project or 
     activity provided funds under this Act or an amendment made 
     by this Act, the Secretary shall certify that, over a 10-year 
     period, as a result of the project or activity--
       (1) there was a reduction in actual energy use; and
       (2) the energy cost savings exceeded the costs of the 
     project or activity.
                                 ______
                                 
  SA 1870. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. EVALUATION AND CONSOLIDATION OF DUPLICATIVE GREEN 
                   BUILDING PROGRAMS.

       (a) Definitions.--In this section:
       (1) Administrative expenses.--The term ``administrative 
     expenses'' has the meaning given the term by the Director of 
     the Office of Management and Budget under section 504(b)(2) 
     of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (31 U.S.C. 1105 note; Public Law 
     111-85), except that the term shall include, for purposes of 
     that section and this section, with respect to an agency--
       (A) costs incurred by the agency and costs incurred by 
     grantees, subgrantees, and other recipients of funds from a 
     grant program or other program administered by the agency; 
     and
       (B) expenses related to personnel salaries and benefits, 
     property management, travel, program management, promotion, 
     reviews and audits, case management, and communication about, 
     promotion of, and outreach for programs and program 
     activities administered by the agency.
       (2) Applicable programs.--The term ``applicable programs'' 
     means the programs listed in Table 9 (pages 348-350) of the 
     report of the Government Accountability Office entitled 
     ``2012 Annual Report: Opportunities to Reduce Duplication, 
     Overlap and Fragmentation, Achieve Savings, and Enhance 
     Revenue''.
       (3) Appropriate secretaries.--The term ``appropriate 
     Secretaries'' means--
       (A) the Secretary;
       (B) the Secretary of Agriculture;
       (C) the Secretary of Defense;
       (D) the Secretary of Education;
       (E) the Secretary of Health and Human Services;
       (F) the Secretary of Housing and Urban Development;
       (G) the Secretary of Transportation;
       (H) the Secretary of the Treasury;
       (I) the Administrator of the Environmental Protection 
     Agency;
       (J) the Director of the National Institute of Standards and 
     Technology; and
       (K) the Administrator of the Small Business Administration.
       (4) Services.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``services'' has the meaning given the term by the Director 
     of the Office of Management and Budget.
       (B) Requirements.--The term ``services'' shall be limited 
     to activities, assistance, and aid that provide a direct 
     benefit to a recipient, such as--
       (i) the provision of medical care;
       (ii) assistance for housing or tuition; or
       (iii) financial support (including grants and loans).
       (b) Report.--
       (1) In general.--Not later than October 1, 2014, the 
     appropriate Secretaries shall submit to Congress and post on 
     the public Internet websites of the agencies of the 
     appropriate Secretaries a report on the outcomes of the 
     applicable programs.
       (2) Requirements.--In reporting on the outcomes of each 
     applicable program, the appropriate Secretaries shall--
       (A) determine the total administrative expenses of the 
     applicable program;
       (B) determine the expenditures for services for the 
     applicable program;
       (C) estimate the number of clients served by the applicable 
     program and beneficiaries who received assistance under the 
     applicable program (if applicable);
       (D) estimate--
       (i) the number of full-time employees who administer the 
     applicable program; and
       (ii) the number of full-time equivalents (whose salary is 
     paid in part or full by the Federal Government through a 
     grant or contract, a subaward of a grant or contract, a 
     cooperative agreement, or another form of financial award or 
     assistance) who assist in administering the applicable 
     program;
       (E) describe the type of assistance the applicable program 
     provides, such as grants, technical assistance, loans, tax 
     credits, or tax deductions;
       (F) describe the type of recipient who benefits from the 
     assistance provided, such as individual property owners or 
     renters, local governments, businesses, nonprofit 
     organizations, or State governments; and
       (G) identify and report on whether written program goals 
     are available for the applicable program.
       (c) Program Recommendations.--Not later than January 1, 
     2015, the appropriate Secretaries shall jointly submit to 
     Congress a report that includes--
       (1) an analysis of whether any of the applicable programs 
     should be eliminated or consolidated, including any 
     legislative changes that would be necessary to eliminate or 
     consolidate the applicable programs; and
       (2) ways to improve the applicable programs by establishing 
     program goals or increasing collaboration so as to reduce the 
     overlap and duplication identified in--
       (A) the 2011 report of the Government Accountability Office 
     entitled ``Federal Initiatives for the NonFederal Sector 
     Could Benefit from More Interagency Collaboration''; and
       (B) the report of the Government Accountability Office 
     entitled ``2012 Annual Report: Opportunities to Reduce 
     Duplication, Overlap and Fragmentation, Achieve Savings, and 
     Enhance Revenue''.
       (d) Program Eliminations.--Not later than January 1, 2015, 
     the appropriate Secretaries shall--
       (1) identify--
       (A) which applicable programs are specifically required by 
     law; and
       (B) which applicable programs are carried out under the 
     discretionary authority of the appropriate Secretaries;
       (2) eliminate those applicable programs that are not 
     required by law; and
       (3) transfer any remaining applicable projects and 
     nonduplicative functions into another green building program 
     within the same agency.
                                 ______
                                 
  SA 1871. Mr. McCONNELL (for himself, Mr. Coats, Mr. Cornyn, Mr. 
Coburn, Mr. Alexander, Mr. Barrasso, Mr. Burr, Mr. Risch, Mr. Johanns, 
Ms. Ayotte, Mr. Blunt, Mr. Moran, and Mr. Hoeven) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __--HEALTH PROVISIONS

             Subtitle A--Fairness for American Families Act

     SEC. __01. SHORT TITLE.

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

     SEC. __02. DELAY IN APPLICATION OF INDIVIDUAL HEALTH 
                   INSURANCE MANDATE.

       (a) In General.--Section 5000A(a) of the Internal Revenue 
     Code of 1986 is amended by striking ``2013'' and inserting 
     ``2014''.
       (b) Conforming Amendments.--
       (1) Section 5000A(c)(2)(B) of the Internal Revenue Code of 
     1986 is amended--
       (A) by striking ``2014'' in clause (i) and inserting 
     ``2015'', and
       (B) by striking ``2015'' in clauses (ii) and (iii) and 
     inserting ``2016''.
       (2) Section 5000A(c)(3)(B) of such Code is amended--
       (A) by striking ``2014'' and inserting ``2015'', and
       (B) by striking ``2015'' (prior to amendment by 
     subparagraph (A)) and inserting ``2016''.
       (3) Section 5000A(c)(3)(D) of such Code is amended--
       (A) by striking ``2016'' and inserting ``2017'', and
       (B) by striking ``2015'' and inserting ``2016''.
       (4) Section 5000A(e)(1)(D) of such Code is amended--
       (A) by striking ``2014'' and inserting ``2015'', and
       (B) by striking ``2013'' and inserting ``2014''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 1501 of the 
     Patient Protection and Affordable Care Act.

              Subtitle B--Authority for Mandate Delay Act

     SEC. __11. SHORT TITLE.

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

     SEC. __12. DELAY IN APPLICATION OF EMPLOYER HEALTH INSURANCE 
                   MANDATE.

       (a) In General.--Section 1513(d) of the Patient Protection 
     and Affordable Care Act is amended by striking ``December 31, 
     2013'' and inserting ``December 31, 2014''.
       (b) Reporting Requirements.--
       (1) Reporting by employers.--Section 1514(d) of the Patient 
     Protection and Affordable Care Act is amended by striking 
     ``December 31, 2013'' and inserting ``December 31, 2014''.

[[Page S6389]]

       (2) Reporting by insurance providers.--Section 1502(e) of 
     the Patient Protection and Affordable Care Act is amended by 
     striking ``2013'' and inserting ``2014''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provision of the 
     Patient Protection and Affordable Care Act to which they 
     relate.
                                 ______
                                 
  SA 1872. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 4___. ELIMINATION OF TAX CREDIT FOR MOTOR VEHICLES 
                   PRODUCED THROUGH AN ENERGY AND CARBON-INTENSIVE 
                   MANUFACTURING PROCESS.

       (a) In General.--Notwithstanding any other law, the tax 
     credit provided under section 30D of the Internal Revenue 
     Code of 1986 shall not be allowed for any motor vehicle if 
     the total amount of carbon dioxide generated through the 
     manufacturing process for such vehicle is greater than 25,000 
     pounds.
       (b) Revenue.--Any increase in revenue as a result of 
     limitation described in subsection (a) shall be made 
     available to offset the cost of any energy efficiency 
     upgrades made to hospitals, schools, nursing homes, and 
     daycare facilities.
                                 ______
                                 
  SA 1873. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 33, strike line 13 and all that follows 
     through page 36, line 21.
                                 ______
                                 
  SA 1874. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 4__. STUDY AND REPORT ON TAXPAYER-ASSISTED COMPANIES 
                   THAT HAVE FILED FOR BANKRUPTCY.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall--
       (1) conduct a study to determine the total number of 
     companies that--
       (A) received funds from a grant, loan, or loan guarantee of 
     the Department of Energy or any other Federal agency or 
     program under--
       (i) section 1703 of the Energy Policy Act of 2005 (42 
     U.S.C. 16513); or
       (ii) section 1705 of the Energy Policy Act of 2005 (42 
     U.S.C. 16516); and
       (B) filed for bankruptcy under chapter 7 or 11 of title 11, 
     United States Code, within 5 years after the date of receipt 
     of the Federal loan, grant, or loan guarantee; and
       (2) submit to Congress a report that includes the results 
     of the study described in paragraph (1).
                                 ______
                                 
  SA 1875. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

     SEC. 4__. CONSOLIDATION OF ENERGY STAR PROGRAM.

       (a) Consolidation of Energy Star Program.--
       (1) Termination of authority.--The authority of the 
     Administrator of the Environmental Protection Agency with 
     respect to the Energy Star program established under section 
     324A of the Energy Policy and Conservation Act (42 U.S.C. 
     6294a) is terminated.
       (2) Transfer of functions.--There are transferred to the 
     Secretary of Energy all functions that the Administrator of 
     the Environmental Protection Agency was authorized to 
     exercise with respect to the Energy Star program on the day 
     before the date of enactment of this Act.
       (3) Reduction in funds.--Notwithstanding any other 
     provision of law--
       (A) of the amounts made available for the Energy Star 
     program that remain unobligated as of the date of enactment 
     of this Act, 20 percent shall be rescinded; and
       (B) of the amounts rescinded under subparagraph (A), 10 
     percent shall be transferred to the Office of Inspector 
     General of the Department of Energy.
       (b) Conforming Amendments.--Section 324A of the Energy 
     Policy and Conservation Act (42 U.S.C. 6294a) is amended--
       (1) in subsection (a), by striking ``and the Environmental 
     Protection Agency'';
       (2) by striking subsection (b);
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Administrator and the''; and
       (B) in paragraph (7), by striking ``Agency or''; and
       (4) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
                                 ______
                                 
  SA 1876. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) In General.--Notwithstanding any other provision of 
     law, no premium tax credits shall be permitted under section 
     36B of the Internal Revenue Code of 1986 and no reductions in 
     cost-sharing shall be permitted under section 1402 of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 18071) 
     with respect to an individual for health insurance coverage 
     provided pursuant to the terms of a collective bargaining 
     agreement involving one or more employers.
       (b) Qualified Plans.--Section 1301(a) of the Patient 
     Protection and Affordable Care Act (42 U.S.C. 18021(a)) is 
     amended by adding at the end the following:
       ``(5) Taft-hartley plans.--The term `qualified health plan' 
     shall not include health insurance coverage provided pursuant 
     to the terms of a collective bargaining agreement involving 
     one or more employers.''.
                                 ______
                                 
  SA 1877. Mr. BENNET (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 303 and insert the following:

     SEC. 303. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator for the Office of E-Government and Information 
     Technology within the Office of Management and Budget.
       (2) FDCCI.--The term ``FDCCI'' means the Federal Data 
     Center Consolidation Initiative described in the Office of 
     Management and Budget Memorandum on the Federal Data Center 
     Consolidation Initiative, dated February 26, 2010, or any 
     successor thereto.
       (b) Federal Data Center Consolidation Inventories and 
     Plans.--
       (1) In general.--
       (A) Annual reporting.--Each year, beginning in the first 
     fiscal year after the date of enactment of this Act and for 
     each of the 4 fiscal years thereafter, the head of each 
     agency that is described in subparagraph (D), assisted by the 
     Chief Information Officer of the agency, shall submit to the 
     Administrator--
       (i) a comprehensive asset inventory of the data centers 
     owned, operated, or maintained by or on behalf of the agency, 
     including average server utilization, even if the center is 
     administered by a third party; and
       (ii) a multi-year plan to achieve the optimization and 
     consolidation of agency data center assets, that includes--

       (I) performance metrics--

       (aa) that are consistent with performance metrics 
     established by the Administrator under subparagraphs (C) and 
     (G) of paragraph (2); and
       (bb) by which the quantitative and qualitative progress of 
     the agency toward data center consolidation goals can be 
     measured;

       (II) a timeline for agency activities completed under the 
     FDCCI, with an emphasis on benchmarks the agency can achieve 
     by specific dates;
       (III) an aggregation of year-by-year investment and cost 
     savings calculations for the 5-fiscal-year period past the 
     date of submission to the Administrator, broken down by each 
     year, including a description of any initial costs for data 
     center consolidation and life cycle cost savings, with an 
     emphasis on--

       (aa) meeting the Government-wide performance metrics 
     described in subparagraphs (C) and (G) of paragraph (2); and
       (bb) demonstrating agency-specific savings each fiscal year 
     achieved through the FDCCI; and

       (IV) any additional information required by the 
     Administrator.

       (B) Use of existing reporting structures.--The 
     Administrator may require agencies described in subparagraph 
     (D) to submit any information required to be submitted under 
     this subsection through reporting structures in use as of the 
     date of enactment of this Act.
       (C) Certification.--Each year, beginning in the first 
     fiscal year after the date of enactment of this Act and for 
     each of the 4 fiscal years thereafter, acting through the 
     chief information officer of the agency, shall submit a 
     statement to the Administrator certifying that the agency has 
     complied with the requirements of this Act.
       (D) Agencies described.--The agencies (including all 
     associated components of the agency) described in this 
     paragraph are the--
       (i) Department of Agriculture;
       (ii) Department of Commerce;
       (iii) Department of Defense;
       (iv) Department of Education;
       (v) Department of Energy;
       (vi) Department of Health and Human Services;
       (vii) Department of Homeland Security;
       (viii) Department of Housing and Urban Development;

[[Page S6390]]

       (ix) Department of the Interior;
       (x) Department of Justice;
       (xi) Department of Labor;
       (xii) Department of State;
       (xiii) Department of Transportation;
       (xiv) Department of Treasury;
       (xv) Department of Veterans Affairs;
       (xvi) Environmental Protection Agency;
       (xvii) General Services Administration;
       (xviii) National Aeronautics and Space Administration;
       (xix) National Science Foundation;
       (xx) Nuclear Regulatory Commission;
       (xxi) Office of Personnel Management;
       (xxii) Small Business Administration;
       (xxiii) Social Security Administration; and
       (xxiv) United States Agency for International Development.
       (E) Agency implementation of plans.--Each agency described 
     in subparagraph (D), under the direction of the Chief 
     Information Officer of the agency shall--
       (i) implement the consolidation plan required under 
     subparagraph (A)(ii); and
       (ii) provide updates to the Administrator, on a quarterly 
     basis, of --

       (I) the completion of activities by the agency under the 
     FDCCI;
       (II) any progress of the agency towards meeting the 
     Government-wide data center performance metrics described in 
     subparagraphs (C) and (G) of paragraph (2); and
       (III) the actual cost savings realized through the 
     implementation of the FDCCI.

       (F) Rule of construction.--Nothing in this paragraph shall 
     be construed to limit the reporting of information by any 
     agency described in subparagraph (F) to the Administrator, 
     the Director of the Office of Management and Budget, or to 
     Congress .
       (2) Administrator responsibilities.--The Administrator 
     shall--
       (A) establish the deadline, on an annual basis, for 
     agencies to submit information under this section;
       (B) establish a list of requirements that the agencies must 
     meet to be considered in compliance with paragraph (1);
       (C) ensure that each certification submitted under 
     paragraph (1)(C) and information relating to agency progress 
     towards meeting the Government-wide total cost of ownership 
     optimization and consolidation metrics is made available in a 
     timely manner to the general public;
       (D) review the plans submitted under paragraph (1) to 
     determine whether each plan is comprehensive and complete;
       (E) monitor the implementation of the data center plan of 
     each agency described in paragraph (1)(A)(ii);
       (F) update, on an annual basis, the cumulative cost savings 
     realized through the implementation of the agency plans; and
       (G) establish Government-wide data center total cost of 
     ownership optimization and consolidation metrics.
       (3) Cost saving goal and updates for congress.--
       (A) In general.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall develop and 
     publish a goal for the total amount of planned cost savings 
     by the Federal Government through the Federal Data Center 
     Consolidation Initiative during the 5-year period beginning 
     on the date of enactment of this Act, which shall include a 
     breakdown on a year-by-year basis of the projected savings.
       (B) Annual update.--
       (i) In general.--Not later than 1 year after the date on 
     which the goal described in subparagraph (A) is determined 
     and each year thereafter until the end of 2018, the 
     Administrator shall aggregate the savings achieved to date, 
     by each relevant agency, through the FDCCI as compared to the 
     projected savings developed under subparagraph (A) (based on 
     data collected from each affected agency under paragraph 
     (1)).
       (ii) Update for congress.--The report required under 
     subparagraph (A) shall be submitted to Congress and shall 
     include an update on the progress made by each agency 
     described in subsection paragraph (1)(E) on--

       (I) whether each agency has in fact submitted a 
     comprehensive asset inventory, including an assessment broken 
     down by agency, which shall include the specific numbers, 
     utilization, and efficiency level of data centers; and
       (II) whether each agency has submitted a comprehensive 
     consolidation plan with the key elements described in 
     paragraph (1)(A)(ii).

       (iii) Request for reports.--Upon request from the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     or the Committee on Oversight and Government Reform of the 
     House of Representatives, the head of an agency described in 
     paragraph (1)(E) or the Director of the Office of Management 
     and Budget shall submit to the requesting committee any 
     report or information submitted to the Office of Management 
     and Budget for the purpose of preparing a report required 
     under clause (i) or an updated progress report required under 
     clause (ii).
       (4) GAO review.--
       (A) In general.--During the 5-fiscal-year period following 
     the date of enactment of this Act, the Comptroller General of 
     the United States shall review the quality and completeness 
     of each agency's asset inventor and plans required under 
     paragraph (1)(A).
       (B) Report.--The Comptroller General of the United States 
     shall, on an annual basis during the 5-fiscal-year period 
     following the date of enactment of this Act, publish a report 
     on each review conducted under subparagraph (A) of an agency 
     during the fiscal year for which the report is published.
       (c) Ensuring Cybersecurity Standards for Data Center 
     Consolidation and Cloud Computing.--An agency required to 
     implement a data center consolidation plan under this Act and 
     migrate to cloud computing shall do so in a manner that is 
     consistent with Federal guidelines on cloud computing 
     security, including--
       (1) applicable provisions found within the Federal Risk and 
     Authorization Management Program (FedRAMP); and
       (2) guidance published by the National Institute of 
     Standards and Technology.
       (d) Classified Information.--The Director of National 
     Intelligence may waive the requirements of this Act for any 
     element (or component of an element) of the intelligence 
     community.
       (e) Sunset.--This section is repealed effective on October 
     1, 2018.
                                 ______
                                 
  SA 1878. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

       (a) In General.--The Secretary shall conduct a study of--
       (1) the quantified energy savings and quantified nonenergy 
     benefits of achieving full compliance with national model 
     building energy codes (including any additional energy 
     savings) if all new commercial building construction--
       (A) meets national model building energy codes;
       (B) exceeds national model codes by 30 percent; and
       (C) exceeds national model codes by 50 percent; and
       (2) the quantified energy saving and quantified nonenergy 
     benefits realized from conducting comprehensive or deep 
     retrofits in existing commercial buildings, including the 
     effect that expanding the retrofit program would have with 
     respect to--
       (A) the United States as a whole; and
       (B) 2 States selected for study.
       (b) Requirements.--
       (1) In general.--In carrying out studies under subsection 
     (a), the Secretary shall--
       (A) include in nonenergy benefits improved health of 
     building occupants and the general population, and greater 
     office productivity that may be achieved from the adoption of 
     national model building energy codes; and
       (B) for each of the scenarios described in subsection 
     (a)(1), calculate the societal return on investment from full 
     implementation of national model building energy codes, with 
     and without nonenergy benefits.
       (2) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete the 
     studies required under subsection (a).
                                 ______
                                 
  SA 1879. Mr. SESSIONS (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 4__. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR 
                   CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND 
                   WATER HEATER PRODUCTS.

       Section 326(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6296(b)) is amended by adding at the end the 
     following:
       ``(6) Voluntary certification programs for air 
     conditioning, furnace, boiler, heat pump, and water heater 
     products.--
       ``(A) In general.--For the purpose of receiving reports 
     from manufacturers certifying compliance with energy 
     conservation standards and Energy Star specifications 
     established under sections 324A, 325, and 342 for covered 
     products described in paragraphs (3), (4), (5), (9), and (11) 
     of section 322(a) and covered equipment described in 
     subparagraphs (B), (C), (D), (F), (I), (J), and (K) of 
     section 340(1), and for the purpose of routine testing to 
     verify the product ratings of the covered products and 
     equipment, the Secretary and Administrator shall rely on 
     voluntary certification programs that--
       ``(i) are nationally recognized;
       ``(ii) maintain a publicly available list of all certified 
     models;
       ``(iii)(I) unless the Secretary allows the verification 
     testing of fewer product families, annually test at least 20 
     percent of product families to verify the product ratings of 
     the product families; and
       ``(II) provide to the Secretary a list of product families 
     whose product ratings are to be verified to allow the 
     Secretary, to the maximum extent practicable, to identify any 
     additional models as priorities for verification testing;
       ``(iv) require the changing of product ratings or removal 
     of products from the program to reflect verified test ratings 
     for products that are determined to have ratings that do not 
     meet the levels the manufacturer has certified to the 
     Secretary;
       ``(v) require the qualification of new participants in the 
     program through testing and production of test reports;

[[Page S6391]]

       ``(vi) allow for challenge testing of products covered 
     within the scope of the program;
       ``(vii) require program participants to certify all 
     products within the scope of the program;
       ``(viii) are conducted by a certification body that is 
     accredited under International Organization for 
     Standardization/ International Electrotechnical Commission 
     (ISO/IEC) Standard 17065;
       ``(ix) provide to the Secretary--

       ``(I) an annual report of all test results;
       ``(II) prompt notification when program testing results in 
     rerating of product performance or delisting of a product; 
     and
       ``(III) test reports on the request of the Secretary;

       ``(x) use verification testing that--

       ``(I) is conducted by an independent third-party test 
     laboratory that is accredited under International 
     Organization for Standardization/International 
     Electrotechnical Commission (ISO/IEC) Standard 17025 with a 
     scope covering the tested products;
       ``(II) follows the test procedures established under this 
     title; and
       ``(III) notes in each test report any instructions 
     specified by the manufacturer or the representative of the 
     manufacturer for the purpose of conducting the verification 
     testing; and

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

       ``(I) are essential to ensure standards compliance; or
       ``(II) have consensus support achieved through a negotiated 
     rulemaking process.

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

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

       ``(ii) Reduction of requirements.--Any rules promulgated by 
     the Secretary that require testing of products for 
     verification of product ratings shall reduce requirements and 
     burdens for manufacturers participating in a voluntary 
     certification program described in subparagraph (A) for the 
     products relative to other manufacturers.
       ``(iii) Periodic testing by program nonparticipants.--In 
     addition to certification requirements, the Secretary shall 
     require a manufacturer that does not participate in a 
     voluntary certification program described in subparagraph 
     (A)--

       ``(I) to verify the accuracy of the product ratings of the 
     manufacturer through periodic testing using verification 
     testing described in subparagraph (A)(x); and
       ``(II) to provide to the Secretary test results and, on 
     request, test reports verifying the certified performance for 
     each product family of the manufacturer.

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

       ``(I) In general.--Subject to subclause (II), with respect 
     to covered products and equipment, a voluntary certification 
     program described in subparagraph (A) shall not be a test 
     laboratory that conducts the testing on products covered 
     within the scope of the program.
       ``(II) Limitation.--Subclause (I) shall not apply to Energy 
     Star specifications established under section 324A.

       ``(v) Effect on other authority.--Nothing in this paragraph 
     limits the authority of the Secretary to test products or to 
     enforce compliance with any law (including regulations).''.
                                 ______
                                 
  SA 1880. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

            TITLE V--ENERGY FREEDOM AND ECONOMIC PROSPERITY

     SEC. 501. REFERENCE TO 1986 CODE.

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

               Subtitle A--Repeal of Energy Tax Subsidies

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

       (a) In General.--Section 6426 is repealed.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 4101(a) is amended by striking 
     ``or alcohol (as defined in section 6426(b)(4)(A)''.
       (2) Paragraph (2) of section 4104(a) is amended by striking 
     ``6426, or 6427(e)''.
       (3) Section 6427 is amended by striking subsection (e).
       (4) Subparagraph (E) of section 7704(d)(1) is amended--
       (A) by inserting ``(as in effect on the day before the date 
     of the enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013)'' after ``of section 6426'', and
       (B) by inserting ``(as so in effect)'' after ``section 
     6426(b)(4)(A)''.
       (5) Paragraph (1) of section 9503(b) is amended by striking 
     the second sentence.
       (c) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 65 is amended by striking the item 
     relating to section 6426.
       (d) Effective.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply with respect to 
     fuel sold and used after the date of the enactment of this 
     Act.
       (2) Liquefied hydrogen.--In the case of any alternative 
     fuel or alternative fuel mixture (as defined in subsection 
     (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code 
     of 1986 as in effect before its repeal by this Act) involving 
     liquefied hydrogen, the amendments made by this section shall 
     apply with respect to fuel sold and used after September 30, 
     2014.

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

       (a) In General.--Section 30B is repealed.
       (b) Conforming Amendments.--
       (1) Subparagraph (A) of section 24(b)(3) is amended by 
     striking ``, 30B''.
       (2) Paragraph (2) of section 25B(g) is amended by striking 
     ``, 30B,''.
       (3) Subsection (b) of section 38 is amended by striking 
     paragraph (25).
       (4) Subsection (a) of section 1016 is amended by striking 
     paragraph (35) and by redesignating paragraphs (36) and (37) 
     as paragraphs (35) and (36), respectively.
       (5) Subsection (m) of section 6501 is amended by striking 
     ``, 30B(h)(9)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 30B.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

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

       (a) In General.--Section 30D is repealed.
       (b) Effective Date.--The amendment made by this section 
     shall apply to vehicles placed in service after the date of 
     the enactment of this Act.

     SEC. 514. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING 
                   PROPERTY CREDIT.

       (a) In General.--Section 30C is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (26).
       (2) Paragraph (3) of section 55(c) is amended by striking 
     ``, 30C(d)(2),''.
       (3) Subsection (a) of section 1016, as amended by section 
     102 of this Act, is amended by striking paragraph (35) and by 
     redesignating paragraph (36) as paragraph (35).
       (4) Subsection (m) of section 6501 is amended by striking 
     ``, 30C(e)(5)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 30C.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

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

       (a) In General.--Section 40 is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (3).
       (2) Subsection (c) of section 196 is amended by striking 
     paragraph (3) and by redesignating paragraphs (4) through 
     (14) as paragraphs (3) through (13), respectively.
       (3) Paragraph (1) of section 4101(a) is amended by striking 
     ``, and every person producing cellulosic biofuel (as defined 
     in section 40(b)(6)(E))''.
       (4) Paragraph (1) of section 4104(a) is amended by striking 
     ``, 40''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after the date of the 
     enactment of this Act.

     SEC. 516. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE DIESEL 
                   USED AS FUEL.

       (a) In General.--Section 40A is repealed.
       (b) Conforming Amendment.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (17).
       (2) Section 87 is repealed.
       (3) Subsection (c) of section 196, as amended by section 
     105 of this Act, is amended by striking paragraph (11) and by 
     redesignating paragraphs (11), (12), and (13) as paragraphs 
     (10), (11), and (12), respectively.
       (4) Paragraph (1) of section 4101(a) is amended by striking 
     ``, every person producing or importing biodiesel (as defined 
     in section 40A(d)(1)''.
       (5) Paragraph (1) of section 4104(a) is amended by striking 
     ``, and 40A''.
       (6) Subparagraph (E) of section 7704(d)(1) is amended by 
     inserting ``(as so in effect)'' after ``section 40A(d)(1)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 40A.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel produced, and sold or used, after the 
     date of the enactment of this Act.

     SEC. 517. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

       (a) In General.--Section 43 is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (6).
       (2) Paragraph (4) of section 45Q(d) is amended by inserting 
     ``(as in effect on the

[[Page S6392]]

     day before the date of the enactment of the Energy Savings 
     and Industrial Competitiveness Act of 2013)'' after ``section 
     43(c)(2)''.
       (3) Subsection (c) of section 196, as amended by sections 
     105 and 106 of this Act, is amended by striking paragraph (5) 
     and by redesignating paragraphs (6) through (12) as 
     paragraphs (5) through (11), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 43.
       (d) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred after December 31, 
     2014.

     SEC. 518. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED FROM 
                   CERTAIN RENEWABLE RESOURCES.

       (a) Wind.--Subsection (d) of section 45 is amended by 
     striking ``January 1, 2014'' in paragraph (1) and inserting 
     ``the date of the enactment of the Energy Savings and 
     Industrial Competitiveness Act of 2013''.
       (b) Indian Coal.--Subparagraph (A) of section 45(e)(10) is 
     amended by striking ``8-year period'' each place it appears 
     and inserting ``7-year period''.
       (c) Effective Date.--
       (1) Wind.--The amendment made by subsection (a) shall apply 
     to property placed in service after the date of the enactment 
     of this Act.
       (2) Indian coal.--The amendments made by subsection (b) 
     shall apply to coal produced after December 31, 2012.
       (3) Other qualified energy resources.--For termination of 
     other qualified energy resources for property placed in 
     service after December 31, 2013, see section 45 of the 
     Internal Revenue Code of 1986.

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

       (a) In General.--Section 45I is repealed.
       (b) Conforming Amendment.--Subsection (b) of section 38 is 
     amended by striking paragraph (19).
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 45I.
       (d) Effective Date.--The amendments made by this section 
     shall apply to production in taxable years beginning after 
     December 31, 2014.

     SEC. 520. TERMINATION OF CREDIT FOR PRODUCTION FROM ADVANCED 
                   NUCLEAR POWER FACILITIES.

       (a) In General.--Subparagraph (B) of section 45J(d)(1) is 
     amended by striking ``January 1, 2021'' and inserting 
     ``January 1, 2015''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

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

       (a) In General.--Section 45Q is repealed.
       (b) Effective Date.--The amendment made by this section 
     shall apply to carbon dioxide captured after December 31, 
     2014.

     SEC. 522. TERMINATION OF ENERGY CREDIT.

       (a) In General.--Section 48 is amended--
       (1) by striking ``January 1, 2017'' each place it appears 
     and inserting ``January 1, 2015'', and
       (2) by striking ``December 31, 2016'' each place it appears 
     and inserting ``December 31, 2014''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 523. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.

       (a) In General.--Section 48A is repealed.
       (b) Conforming Amendment.--Section 46 is amended by 
     striking paragraph (3) and by redesignating paragraphs (4), 
     (5), and (6) as paragraphs (3), (4), and (5), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48A.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 524. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

       (a) In General.--Section 48B is repealed.
       (b) Conforming Amendment.--Section 46, as amended by this 
     Act, is amended by striking paragraph (3) and by 
     redesignating paragraphs (4) and (5) as paragraphs (3) and 
     (4), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48B.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2014.

           Subtitle B--Reduction of Corporate Income Tax Rate

     SEC. 531. CORPORATE INCOME TAX RATE REDUCED.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall prescribe a rate of tax in lieu of the rates under 
     paragraphs (1) and (2) of section 11(b), section 1201(a), and 
     paragraphs (1), (2), and (6) of section 1445(e) of the 
     Internal Revenue Code of 1986 to such a flat rate as the 
     Secretary estimates would result in--
       (1) a decrease in revenue to the Treasury for taxable years 
     beginning during the 10-year period beginning on the date of 
     the enactment of this Act, equal to
       (2) the increase in revenue for such taxable years by 
     reason of the amendments made by title I of this Act.
       (b) Effective Date.--The rate prescribed by the Secretary 
     under subsection (a) shall apply to taxable years beginning 
     more than 1 year after the date of the enactment of this Act.
                                 ______
                                 
  SA 1881. Mr. PRYOR (for himself, Mr. Alexander, Mr. Begich, Mr. 
Boozman, Mr. Coons, Mr. Heinrich, Mr. Tester, and Mr. Udall of New 
Mexico) submitted an amendment intended to be proposed by him to the 
bill S. 1392, to promote energy savings in residential buildings and 
industry, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 4__. QUADRENNIAL ENERGY REVIEW.

       (a) Findings.--Congress finds that--
       (1) the President's Council of Advisors on Science and 
     Technology recommends that the United States develop a 
     Government wide Federal energy policy and update the policy 
     regularly with strategic Quadrennial Energy Reviews similar 
     to the reviews conducted by the Department of Defense;
       (2) as the lead agency in support of energy science and 
     technology innovation, the Department of Energy has conducted 
     a Quadrennial Technology Review of the energy technology 
     policies and programs of the Department;
       (3) the Quadrennial Technology Review of the Department of 
     Energy serves as the basis for coordination with other 
     agencies and on other programs for which the Department has a 
     key role;
       (4) a Quadrennial Energy Review would--
       (A) establish integrated, Government wide national energy 
     objectives in the context of economic, environmental, and 
     security priorities;
       (B) coordinate actions across Federal agencies;
       (C) identify the resources needed for the invention, 
     adoption, and diffusion of energy technologies; and
       (D) provide a strong analytical base for Federal energy 
     policy decisions;
       (5) a Quadrennial Energy Review should be established 
     taking into account estimated Federal budgetary resources;
       (6) the development of an energy policy resulting from a 
     Quadrennial Energy Review would--
       (A) enhance the energy security of the United States;
       (B) create jobs; and
       (C) mitigate environmental harm; and
       (7) while a Quadrennial Energy Review will be a product of 
     the executive branch, the review will have substantial input 
     from--
       (A) Congress;
       (B) the energy industry;
       (C) academia;
       (D) nongovernmental organizations; and
       (E) the public.
       (b) Quadrennial Energy Review.--Section 801 of the 
     Department of Energy Organization Act (42 U.S.C. 7321) is 
     amended to read as follows:

     ``SEC. 801. QUADRENNIAL ENERGY REVIEW.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Science and Technology Policy within the 
     Executive Office of the President.
       ``(2) Federal laboratory.--
       ``(A) In general.--The term `Federal Laboratory' has the 
     meaning given the term `laboratory' in section 12(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d)).
       ``(B) Inclusion.--The term `Federal Laboratory' includes a 
     federally funded research and development center sponsored by 
     a Federal agency.
       ``(3) Interagency energy coordination council.--The term 
     `interagency energy coordination council' means a council 
     established under subsection (b)(1).
       ``(4) Quadrennial energy review.--The term `Quadrennial 
     Energy Review' means a comprehensive multiyear review, 
     coordinated across Federal agencies, that--
       ``(A) focuses on energy programs and technologies;
       ``(B) establishes energy objectives across the Federal 
     Government; and
       ``(C) covers each of the areas described in subsection 
     (d)(2).
       ``(b) Interagency Energy Coordination Council.--
       ``(1) Establishment.--Not later than 90 days after the date 
     of enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, and every 4 years thereafter, 
     the President shall establish an interagency energy 
     coordination council to coordinate the Quadrennial Energy 
     Review.
       ``(2) Co-chairpersons.--The appropriate senior Federal 
     Government official designated by the President and the 
     Director shall be co-chairpersons of the interagency energy 
     coordination council.
       ``(3) Membership.--The interagency energy coordination 
     council shall be comprised of representatives at level I or 
     II of the Executive Schedule of--
       ``(A) the Department of Energy;
       ``(B) the Department of Commerce;
       ``(C) the Department of Defense;
       ``(D) the Department of State;
       ``(E) the Department of the Interior;
       ``(F) the Department of Agriculture;
       ``(G) the Department of the Treasury;
       ``(H) the Department of Transportation;
       ``(I) the Office of Management and Budget;
       ``(J) the National Science Foundation;

[[Page S6393]]

       ``(K) the Environmental Protection Agency; and
       ``(L) such other Federal organizations, departments, and 
     agencies that the President considers to be appropriate.
       ``(c) Conduct of Review.--Each Quadrennial Energy Review 
     shall be conducted to provide an integrated view of important 
     national energy objectives and Federal energy policy, 
     including the maximum practicable alignment of research 
     programs, incentives, regulations, and partnerships.
       ``(d) Submission of Quadrennial Energy Review to 
     Congress.--
       ``(1) In general.--Not later than August 1, 2015, and every 
     4 years thereafter, the President shall publish and submit to 
     Congress a report on the Quadrennial Energy Review.
       ``(2) Inclusions.--The report described in paragraph (1) 
     should include, as appropriate--
       ``(A) an integrated view of short-, intermediate-, and 
     long-term objectives for Federal energy policy in the context 
     of economic, environmental, and security priorities;
       ``(B) anticipated Federal actions (including programmatic, 
     regulatory, and fiscal actions) and resource requirements--
       ``(i) to achieve the objectives described in subparagraph 
     (A); and
       ``(ii) to be coordinated across multiple agencies;
       ``(C) an analysis of the prospective roles of parties 
     (including academia, industry, consumers, the public, and 
     Federal agencies) in achieving the objectives described in 
     subparagraph (A), including--
       ``(i) an analysis, by energy use sector, including--

       ``(I) commercial and residential buildings;
       ``(II) the industrial sector;
       ``(III) transportation; and
       ``(IV) electric power;

       ``(ii) requirements for invention, adoption, development, 
     and diffusion of energy technologies that are mapped onto 
     each of the energy use sectors; and
       ``(iii) other research that inform strategies to 
     incentivize desired actions;
       ``(D) an assessment of policy options to increase domestic 
     energy supplies and energy efficiency;
       ``(E) an evaluation of energy storage, transmission, and 
     distribution requirements, including requirements for 
     renewable energy;
       ``(F) an integrated plan for the involvement of the Federal 
     Laboratories in energy programs;
       ``(G) portfolio assessments that describe the optimal 
     deployment of resources, including prioritizing financial 
     resources for energy programs;
       ``(H) a mapping of the linkages among basic research and 
     applied programs, demonstration programs, and other 
     innovation mechanisms across the Federal agencies;
       ``(I) an identification of, and projections for, 
     demonstration projects, including timeframes, milestones, 
     sources of funding, and management;
       ``(J) an identification of public and private funding needs 
     for various energy technologies, systems, and infrastructure, 
     including consideration of public-private partnerships, 
     loans, and loan guarantees;
       ``(K) an assessment of global competitors and an 
     identification of programs that can be enhanced with 
     international cooperation;
       ``(L) an identification of policy gaps that need to be 
     filled to accelerate the adoption and diffusion of energy 
     technologies, including consideration of--
       ``(i) Federal tax policies; and
       ``(ii) the role of Federal agencies as early adopters and 
     purchasers of new energy technologies;
       ``(M) a priority list for implementation of objectives and 
     actions taking into account estimated Federal budgetary 
     resources;
       ``(N) an analysis of--
       ``(i) points of maximum leverage for policy intervention to 
     achieve outcomes; and
       ``(ii) areas of energy policy that can be most effective in 
     meeting national goals for the energy sector; and
       ``(O) recommendations for executive branch organization 
     changes to facilitate the development and implementation of 
     Federal energy policies.
       ``(e) Interim Reports.--The President may prepare and 
     publish interim reports as part of the Quadrennial Energy 
     Review.
       ``(f) Executive Secretariat.--
       ``(1) In general.--The Secretary of Energy shall provide 
     the Quadrennial Energy Review with an Executive Secretariat 
     who shall make available the necessary analytical, financial, 
     and administrative support for the conduct of each 
     Quadrennial Energy Review required under this section.
       ``(2) Cooperation.--The heads of applicable Federal 
     agencies shall cooperate with the Secretary and provide such 
     assistance, information, and resources as the Secretary may 
     require to assist in carrying out this section.''.
       (c) Administration.--Nothing in this section or an 
     amendment made by this section supersedes, modifies, amends, 
     or repeals any provision of Federal law not expressly 
     superseded, modified, amended, or repealed by this section.
                                 ______
                                 
  SA 1882. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

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

       (a) Definitions.--In this subsection:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Farm.--The term ``farm'' has the meaning given the term 
     in section 112.2 of title 40, Code of Federal Regulations (or 
     successor regulations )).
       (3) Spill prevention, control, and countermeasure rule.--
     The term ``Spill Prevention, Control, and Countermeasure 
     rule'' means the Spill Prevention, Control, and 
     Countermeasure rule, including amendments to that rule, 
     promulgated by the Environmental Protection Agency under part 
     112 of title 40, Code of Federal Regulations (as in effect on 
     the date of enactment of this Act).
       (b) Restrictions on Enforcement.--
       (1) In general.--The Administrator shall not enforce with 
     respect to any farm the Spill, Prevention, Control, and 
     Countermeasure rule for any violation of that rule that 
     occurs during the period beginning on the date of enactment 
     of the Consolidated and Further Continuing Appropriations 
     Act, 2013 (Public Law 113-6) and ending on September 30, 
     2013.
       (2) Restriction on enforcement beginning in fiscal year 
     2014.--Beginning on October 1, 2013, the Administrator shall 
     not enforce with respect to any farm the Spill, Prevention, 
     Control, and Countermeasure rule in any State until the date 
     on which the Administrator has offered to brief each 
     agriculture group and crop growing association in that State 
     on that rule.
                                 ______
                                 
  SA 1883. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

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

       Section 402(c) of the Toxic Substances Control Act (15 
     U.S.C. 2682(c)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Study of certification.--
       ``(A) In general.--Not later than 1 year prior to proposing 
     any renovation and remodeling regulation after the date of 
     enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, the Administrator shall conduct, 
     submit to Congress, and make available for public comment 
     (after peer review) the results of, a study of the extent to 
     which persons engaged in various types of renovation and 
     remodeling activities in target housing, Federal and public 
     buildings constructed before 1978, or commercial buildings--
       ``(i) are exposed to lead in the conduct of such 
     activities; and
       ``(ii) disturb lead and create a lead-based paint hazard on 
     a regular or occasional basis in the conduct of such 
     activities.
       ``(B) Scope and coverage.--The study conducted under 
     subparagraph (A) shall consider the risks described in 
     clauses (i) and (ii) of that subparagraph with respect to 
     each separate building type described in that subparagraph, 
     as the regulation to be proposed would apply to each building 
     type.''.
       ``(C) Consultation.--The Administrator shall consult with 
     Federal, other Governmental, non-profit and private sector 
     owners and managers of residential and commercial buildings 
     as it conducts the study under subparagraph (A).''
                                 ______
                                 
  SA 1884. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

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

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

       Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 
     7545(o)(2)(B)) is amended by adding at the end the following:
       ``(vi)  Election of non-participation by state 
     government.--

       ``(I) In general.--For purposes of subparagraph (A), the 
     applicable volume of renewable fuel as determined under this 
     subparagraph shall be adjusted in accordance with this 
     clause.
       ``(II) Requirements.--On passage by a State legislature and 
     signature by the Governor of the State of a law that elects 
     to not participate in the applicable volume of renewable fuel 
     in accordance with this clause, the Administrator shall allow 
     a State to not participate in the applicable volume of 
     renewable fuel determined under clause (i).
       ``(III) Reduction.--On the election of a State under 
     subclause (II), the Administrator shall reduce the applicable 
     volume of renewable fuel determined under clause (i) by the 
     percentage that reflects the national gasoline consumption of 
     the non-participating State that is attributable to that 
     State.
       ``(IV) Credits to hold fuel sales harmless.--On the 
     election of a State under subclause (II), the Administrator 
     shall provide

[[Page S6394]]

     for the generation of credits for all gasoline (regardless of 
     whether the gasoline is blended) provided through a fuel 
     terminal in the State to be calculated as though the gasoline 
     were blended with the maximum allowable ethanol content of 
     gasoline allowed in that State to apply toward the applicable 
     volume of renewable fuel determined under clause (i).''.

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

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

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

       Section 324A of the Energy Policy and Conservation Act (42 
     U.S.C. 6294a) is amended by adding at the end the following:
       ``(e) Third-party Certification.--
       ``(1) In general.--Subject to paragraph (2), not later than 
     180 days after the date of enactment of this subsection, the 
     Administrator shall revise the certification requirements for 
     the labeling of consumer, home, and office electronic 
     products for program partners that have complied with all 
     requirements of the Energy Star program for a period of at 
     least 18 months.
       ``(2) Administration.--In the case of a program partner 
     described in paragraph (1), the new requirements under 
     paragraph (1)--
       ``(A) shall not require third-party certification for a 
     product to be listed; but
       ``(B) may require that test data and other product 
     information be submitted to facilitate product listing and 
     performance verification for a sample of products.
       ``(3) Third parties.--Nothing in this subsection prevents 
     the Administrator from using third parties in the course of 
     the administration of the Energy Star program.
       ``(4) Termination.--
       ``(A) In general.--Subject to subparagraph (B), an 
     exemption from third-party certification provided to a 
     program partner under paragraph (1) shall terminate if the 
     program partner is found to have violated program 
     requirements with respect to at least 2 separate models 
     during a 2-year period.
       ``(B) Resumption.--A termination for a program partner 
     under subparagraph (A) shall cease if the program partner 
     complies with all Energy Star program requirements for a 
     period of at least 3 years.''.
                                 ______
                                 
  SA 1886. Ms. LANDRIEU (for herself, Mr. Wicker, and Mr. Pryor) 
submitted an amendment intended to be proposed by her to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title III, add following:

     SEC. 304. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
                   STANDARDS.

       Section 305(a)(3)(D) of the Energy Conservation and 
     Production Act (42 U.S.C. 6834(a)(3)(D)) is amended--
       (1) in clause (i), by striking subclause (III) and 
     inserting the following:

       ``(III) Sustainable design principles.--

       ``(aa) In general.--Sustainable design principles shall be 
     applied to the siting, design, and construction of buildings 
     covered by this clause.
       ``(bb) Selection of certification systems.--The Secretary, 
     after reviewing the findings of the Federal Director under 
     section 436(h) of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17092(h)), in consultation with the 
     Administrator of General Services, and in consultation with 
     the Secretary of Defense relating to those facilities under 
     the custody and control of the Department of Defense, shall 
     determine those certification systems for green commercial 
     and residential buildings that the Secretary determines to be 
     the most likely to encourage a comprehensive and 
     environmentally sound approach to certification of green 
     buildings.
       ``(cc) Basis for selection.--The determination of the 
     certification systems shall be based on ongoing review of the 
     findings of the Federal Director under section 436(h) of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17092(h)) and the criteria described in clause (iii).
       ``(dd) Administration.--In determining certification 
     systems under this subclause, the Secretary shall--
       ``(AA) make a separate determination for all or part of 
     each system;
       ``(BB) confirm that the criteria used to support the 
     selection of building products, materials, brands, and 
     technologies are fair and neutral (meaning that such criteria 
     are based on an objective assessment of relevant technical 
     data), do not prohibit, disfavor, or discriminate against 
     selection based on technically inadequate information to 
     inform human or environmental risk, and are expressed to 
     prefer performance measures whenever performance measures may 
     reasonably be used in lieu of prescriptive measures; and
       ``(CC) use environmental and health criteria that are based 
     on risk assessment methodology that is generally accepted by 
     the applicable scientific disciplines.'';
       (2) in clause (iii), by striking ``identifying the green 
     building certification system and level'' and inserting 
     ``determining the green building certification systems'';
       (3) by redesignating clauses (vi) and (vii) as clauses 
     (vii) and (viii), respectively;
       (4) by striking clauses (iv) and (v) and inserting the 
     following:
       ``(iv) Review.--The Secretary, in consultation with the 
     Administrator of General Services and the Secretary of 
     Defense, shall conduct an ongoing review to evaluate and 
     compare private sector green building certification systems, 
     taking into account--

       ``(I) the criteria described in clause (iii); and
       ``(II) the identification made by the Federal Director 
     under section 436(h) of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17092(h)).

       ``(v) Exclusions.--

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

       ``(aa) identify the portions of the system, whether 
     prerequisites, credits, points, or otherwise, that meet the 
     review criteria of clause (i)(III);
       ``(bb) determine the portions of the system that are 
     suitable for use; and
       ``(cc) exclude all other portions of the system from 
     identification and use.

       ``(II) Entire systems.--The Secretary shall exclude an 
     entire system from use if an exclusion under subclause (I)--

       ``(aa) impedes the integrated use of the system;
       ``(bb) creates disparate review criteria or unequal point 
     access for competing materials; or
       ``(cc) increases agency costs of the use.
       ``(vi) Internal certification processes.--The Secretary may 
     by rule allow Federal agencies to develop internal 
     certification processes, using certified professionals, in 
     lieu of certification by certification entities identified 
     under clause (i)(III).''; and
       (5) by adding at the end the following:
       ``(ix) Effective date.--

       ``(I) Determinations made after december 31, 2015.--The 
     amendments made by section 405 of the Energy Savings and 
     Industrial Competitiveness Act of 2013 shall apply to any 
     determination made by a Federal agency after December 31, 
     2015.
       ``(II) Determinations made on or before december 31, 
     2015.--This subparagraph (as in effect on the day before the 
     date of enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013) shall apply to any use of a 
     certification system for green commercial and residential 
     buildings by a Federal agency on or before December 31, 
     2015.''.

     SEC. 305. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

       Section 436(h) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17092(h)) is amended--
       (1) in the subsection heading, by striking ``System'' and 
     inserting ``Systems'';
       (2) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Based on an ongoing review, the Federal 
     Director shall identify and shall provide to the Secretary 
     pursuant to section 305(a)(3)(D) of the Energy Conservation 
     and Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those 
     certification systems that the Director identifies as the 
     most likely to encourage a comprehensive and environmentally 
     sound approach to certification of green buildings.''; and
       (3) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``system'' and inserting ``systems'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) an ongoing review provided to the Secretary pursuant 
     to section 305(a)(3)(D) of the Energy Conservation and 
     Production Act (42 U.S.C. 6834(a)(3)(D)), which shall--
       ``(i) be carried out by the Federal Director to compare and 
     evaluate standards; and
       ``(ii) allow any developer or administrator of a rating 
     system or certification system to be included in the 
     review;'';
       (C) in subparagraph (E)(v), by striking ``and'' after the 
     semicolon at the end;
       (D) in subparagraph (F), by striking the period at the end 
     and inserting a semicolon; and
       (E) by adding at the end the following:
       ``(G) a finding that, for all credits addressing grown, 
     harvested, or mined materials, the system does not 
     discriminate against the use of domestic products that have 
     obtained certifications of responsible sourcing; and
       ``(H) a finding that the system incorporates life-cycle 
     assessment as a credit pathway.''.

                          ____________________