[Congressional Record Volume 159, Number 122 (Tuesday, September 17, 2013)]
[Senate]
[Pages S6531-S6543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1929. 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 ENERGY SAVING DEVICES AND 
                   ENERGY CODE COMPLIANCE IN COMMERCIAL BUILDINGS.

       (a) In General.--The Secretary shall conduct a study of--
       (1) the potential future energy and energy cost savings 
     from full implementation of cost-effective investments in 
     energy saving devices, equipment, and systems in the 
     commercial building sector, including--
       (A) devices such as timers, dimmers, and sensors with 
     applications for reducing the power consumption of lighting 
     and plug load in a building;
       (B) equipment such as air control and hot aisle containment 
     products with applications for reducing power consumption in 
     data centers through signification reduction of cooling 
     requirements; and
       (C) systems such as controllers and sensors that work 
     together to reduce power consumption of lighting and plug 
     load at the room, floor, and building levels;
       (2) 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 25 percent; and
       (C) exceeds national model codes by 50 percent; and
       (3) 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 paragraphs 
     (2) and (3) of 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

[[Page S6532]]

       (B) for each of the scenarios described in subsection 
     (a)(2), 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 1930. 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 
     Strategies.--
       (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, 
     even if the center is administered by a third party; and
       (ii) a multi-year strategy 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 period beginning on the date of 
     enactment of this Act and ending on the date described in 
     subsection (e), broken down by each year, including a 
     description of any initial costs for data center 
     consolidation and life cycle cost savings, with an emphasis 
     on--

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

       (IV) any additional information required by the 
     Administrator.

       (B) Use of existing reporting structures.--The 
     Administrator may require agencies described in subparagraph 
     (D) to submit any information required to be submitted under 
     this subsection through reporting structures in use as of the 
     date of enactment of this Act.
       (C) Certification.--Each year, beginning in the first 
     fiscal year after the date of enactment of this Act and for 
     each of the 4 fiscal years thereafter, acting through the 
     chief information officer of the agency, shall submit a 
     statement to the Administrator certifying that the agency has 
     complied with the requirements of this Act.
       (D) Agencies described.--The agencies (including all 
     associated components of the agency) described in this 
     paragraph are the--
       (i) Department of Agriculture;
       (ii) Department of Commerce;
       (iii) Department of Defense;
       (iv) Department of Education;
       (v) Department of Energy;
       (vi) Department of Health and Human Services;
       (vii) Department of Homeland Security;
       (viii) Department of Housing and Urban Development;
       (ix) Department of the Interior;
       (x) Department of Justice;
       (xi) Department of Labor;
       (xii) Department of State;
       (xiii) Department of Transportation;
       (xiv) Department of Treasury;
       (xv) Department of Veterans Affairs;
       (xvi) Environmental Protection Agency;
       (xvii) General Services Administration;
       (xviii) National Aeronautics and Space Administration;
       (xix) National Science Foundation;
       (xx) Nuclear Regulatory Commission;
       (xxi) Office of Personnel Management;
       (xxii) Small Business Administration;
       (xxiii) Social Security Administration; and
       (xxiv) United States Agency for International Development.
       (E) Agency implementation of strategies.--Each agency 
     described in subparagraph (D), under the direction of the 
     Chief Information Officer of the agency shall--
       (i) implement the consolidation strategy 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, which shall 
     include server efficiency and other comprehensive metrics 
     established at the discretion of the Administrator.
       (3) Cost saving goal and updates for congress.--
       (A) In general.--Not later than 1 year 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 goal required to be 
     developed and published 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 information.--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, 
     and verify, each agency's asset inventory 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

[[Page S6533]]

     component of an element) of the intelligence community.
       (e) Sunset.--This section is repealed effective on October 
     1, 2018.
                                 ______
                                 
  SA 1931. Mrs. FISCHER (for herself and Mr. Flake) 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:

       Beginning on page 23, strike line 6 and all that follows 
     through page 25, line 21.
                                 ______
                                 
  SA 1932. Mr. SANDERS (for himself, Mr. Wyden, and Ms. Murkowski) 
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 47, strike line 17 and all that follows 
     through page 48, line 2, and insert the following:

     SEC. 4____. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY 
                   UPGRADES LOAN PILOT PROGRAM.

       (a) Loans for Residential Building Energy Efficiency 
     Upgrades.--Part D of title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6321 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 367. LOANS FOR RESIDENTIAL BUILDING ENERGY EFFICIENCY 
                   UPGRADES.

       ``(a) Definitions.--In this section:
       ``(1) Consumer-friendly.--The term `consumer-friendly', 
     with respect to a loan repayment approach, means a loan 
     repayment approach that--
       ``(A) emphasizes convenience for customers;
       ``(B) is of low cost to consumers; and
       ``(C) emphasizes simplicity and ease of use for consumers 
     in the billing process.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State or territory of the United States; and
       ``(B) a tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b)).
       ``(3) Energy advisor program.--
       ``(A) In general.--The term `energy advisor program' means 
     any program to provide to owners or residents of residential 
     buildings advice, information, and support in the 
     identification, prioritization, and implementation of energy 
     efficiency and energy savings measures.
       ``(B) Inclusions.--The term `energy advisor program' 
     includes a program that provides--
       ``(i) interpretation of energy audit reports;
       ``(ii) assistance in the prioritization of improvements;
       ``(iii) assistance in finding qualified contractors;
       ``(iv) assistance in contractor bid reviews;
       ``(v) education on energy conservation and energy 
     efficiency;
       ``(vi) explanations of available incentives and tax 
     credits;
       ``(vii) assistance in completion of rebate and incentive 
     paperwork; and
       ``(viii) any other similar type of support.
       ``(4) Energy efficiency.--The term `energy efficiency' 
     means a decrease in homeowner or residential tenant 
     consumption of energy (including electricity and thermal 
     energy) that is achieved without reducing the quality of 
     energy services through--
       ``(A) a measure or program that targets customer behavior;
       ``(B) equipment;
       ``(C) a device; or
       ``(D) other material.
       ``(5) Energy efficiency upgrade.--
       ``(A) In general.--The term `energy efficiency upgrade' 
     means any project or activity--
       ``(i) the primary purpose of which is increasing energy 
     efficiency; and
       ``(ii) that is carried out on a residential building.
       ``(B) Inclusions.--The term `energy efficiency upgrade' 
     includes the installation or improvement of a renewable 
     energy facility for heating or electricity generation serving 
     a residential building carried out in conjunction with an 
     energy efficiency project or activity.
       ``(6) Residential building.--
       ``(A) In general.--The term `residential building' means a 
     building used for residential purposes.
       ``(B) Inclusions.--The term `residential building' 
     includes--
       ``(i) a single-family residence;
       ``(ii) a multifamily residence composed not more than 4 
     units; and
       ``(iii) a mixed-use building that includes not more than 4 
     residential units.
       ``(b) Establishment of Program.--
       ``(1) In general.--The Secretary shall establish a program 
     under this part under which the Secretary shall make 
     available to eligible entities loans for the purpose of 
     establishing or expanding programs that provide to 
     residential property owners or tenants financing for energy 
     efficiency upgrades of residential buildings.
       ``(2) Consultation.--In establishing the program under 
     paragraph (1), the Secretary shall consult, as the Secretary 
     determines to be appropriate, with stakeholders and the 
     public.
       ``(3) No requirement to participate.--No eligible entity 
     shall be required to participate in any manner in the program 
     established under paragraph (1).
       ``(4) Deadlines.--The Secretary shall--
       ``(A) not later than 1 year after the date of enactment of 
     the Energy Savings and Industrial Competitiveness Act of 
     2013, implement the program established under paragraph (1) 
     (including soliciting applications from eligible entities in 
     accordance with subsection (c)); and
       ``(B) not later than 2 years after the date of enactment of 
     the Energy Savings and Industrial Competitiveness Act of 
     2013, disburse the initial loans provided under this section.
       ``(c) Applications.--
       ``(1) In general.--To be eligible to receive a loan under 
     this section, an eligible entity shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(2) Selection date.--Not later than 21 months after the 
     date of enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, the Secretary shall select 
     eligible entities to receive the initial loans provided under 
     this section, in accordance with the requirements described 
     in paragraph (3).
       ``(3) Requirements.--In selecting eligible entities to 
     receive loans under this section, the Secretary shall--
       ``(A) to the maximum extent practicable, ensure--
       ``(i) that both innovative and established approaches to 
     the challenges of financing energy efficiency upgrades are 
     supported;
       ``(ii) that energy efficiency upgrades are conducted and 
     validated to comply with best practices for work quality, as 
     determined by the Secretary;
       ``(iii) regional diversity among recipients, including 
     participation by rural States and small States;
       ``(iv) significant participation by families with income 
     levels at or below the median income level for the applicable 
     geographical region, as determined by the Secretary; and
       ``(v) the incorporation by recipients of an energy advisor 
     program;
       ``(B) evaluate applications based primarily on--
       ``(i) the projected reduction in energy use, as determined 
     in accordance with such specific and commonly available 
     methodology as the Secretary shall establish, by regulation;
       ``(ii) the creditworthiness of the eligible entity; and
       ``(iii) the incorporation of measures for making the loan 
     repayment system for recipients of financing as consumer-
     friendly as practicable;
       ``(C) evaluate applications based secondarily on--
       ``(i) the extent to which the proposed financing program of 
     the eligible entity incorporates best practices for such a 
     program, as determined by the Secretary;
       ``(ii) whether the eligible entity has created a plan for 
     evaluating the effectiveness of the proposed financing 
     program and whether the plan includes--

       ``(I) a robust strategy for collecting, managing, and 
     analyzing data, as well as making the data available to the 
     public; and
       ``(II) experimental studies, which may include 
     investigations of how human behavior impacts the 
     effectiveness of efficiency improvements;

       ``(iii) the extent to which Federal funds are matched by 
     funding from State, local, philanthropic, private sector, and 
     other sources;
       ``(iv) the extent to which the proposed financing program 
     will be coordinated and marketed with other existing or 
     planned energy efficiency or energy conservation programs 
     administered by--

       ``(I) utilities;
       ``(II) State, tribal, territorial, or local governments; or
       ``(III) community development financial institutions; and

       ``(v) such other factors as the Secretary determines to be 
     appropriate; and
       ``(D) not provide an advantage or disadvantage to 
     applications that include renewable energy in the program.
       ``(d) Administrative Provisions.--
       ``(1) Term.--The Secretary shall establish terms for loans 
     provided to eligible entities under this section--
       ``(A) in a manner that--
       ``(i) provides for a high degree of cost recovery; and
       ``(ii) ensures that, with respect to all loans provided to 
     or by eligible entities under this section, the loans are 
     competitive with, or superior to, other forms of financing 
     for similar purposes; and
       ``(B) subject to the condition that the term of a loan 
     provided to an eligible entity under this section shall not 
     exceed 35 years.
       ``(2) Interest rates.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary, at the discretion of the Secretary, shall charge 
     interest on a loan provided to an eligible entity under this 
     section at a fixed rate equal, or approximately equal, to the 
     interest rate charged on Treasury securities of comparable 
     maturity.
       ``(B) Leveraged loans.--The interest rate and other terms 
     of the loans provided to eligible entities under this section 
     shall be established in a manner that ensures that the total 
     amount of the loans is equal to not less than 20 times, and 
     not more than 50 times, the amount appropriated for credit 
     subsidy costs pursuant to subsection (g)(i).

[[Page S6534]]

       ``(3) No penalty on early repayment.--The Secretary shall 
     not assess any penalty for early repayment by an eligible 
     entity of a loan provided under this section.
       ``(4) Return of unused portion.--As a condition of receipt 
     of a loan under this section, an eligible entity shall agree 
     to return to the general fund of the Treasury any portion of 
     the loan amount that is unused by the eligible entity within 
     a reasonable period after the date of receipt of the loan, as 
     determined by the Secretary.
       ``(e) Use of Funds.--
       ``(1) In general.--An eligible entity shall use a loan 
     provided under this section to establish or expand 1 or more 
     financing programs--
       ``(A) the purpose of which is to enable residential 
     building owners or tenants to conduct energy efficiency 
     upgrades of residential buildings;
       ``(B) that may, at the sole discretion of the eligible 
     entity, require an outlay of capital by owners or residents 
     of residential buildings in accordance with the goals of the 
     program under this section; and
       ``(C) that incorporate a consumer-friendly loan repayment 
     approach.
       ``(2) Structure of financing program.--A financing program 
     of an eligible entity may--
       ``(A) consist--
       ``(i) primarily or entirely of a financing program 
     administered by--

       ``(I) the applicable State; or
       ``(II) a local government, utility, or other entity; or

       ``(ii) of a combination of programs described in clause 
     (i);
       ``(B) rely on financing provided by--
       ``(i) the eligible entity; or
       ``(ii) a third party, acting through the eligible entity; 
     and
       ``(C) include a provision pursuant to which a recipient of 
     assistance under the financing program shall agree to return 
     to the eligible entity any portion of the assistance that is 
     unused by the recipient within a reasonable period after the 
     date of receipt of the assistance, as determined by the 
     eligible entity.
       ``(3) Form of assistance.--Assistance from an eligible 
     entity under this subsection may be provided in any form, or 
     in accordance with any program, authorized by Federal law 
     (including regulations), including in the form of--
       ``(A) a revolving loan fund;
       ``(B) a credit enhancement structure designed to mitigate 
     the effects of default; or
       ``(C) a program that--
       ``(i) adopts any other approach for providing financing for 
     energy efficiency upgrades producing significant energy 
     efficiency gains; and
       ``(ii) incorporates measures for making the loan repayment 
     system for recipients of financing as consumer-friendly as 
     practicable.
       ``(4) Scope of assistance.--Assistance provided by an 
     eligible entity under this subsection may be used to pay for 
     costs associated with carrying out an energy efficiency 
     upgrade, including materials and labor.
       ``(5) Additional assistance.--In addition to the amount of 
     the loan provided to an eligible entity by the Secretary 
     under subsection (b), the eligible entity may provide to 
     recipients such assistance under this subsection as the 
     eligible entity considers to be appropriate from any other 
     funds of the eligible entity, including funds provided to the 
     eligible entity by the Secretary for administrative costs 
     pursuant to this section.
       ``(6) Limitations.--
       ``(A) Interest rates.--
       ``(i) Interest charged by eligible entities.--The interest 
     rate charged by an eligible entity on assistance provided 
     under this subsection--

       ``(I) shall be fixed; and
       ``(II) shall not exceed the interest rate paid by the 
     eligible entity to the Secretary under subsection (d)(2).

       ``(ii) Interest charged by assistance recipients.--A 
     recipient of assistance provided by an eligible entity under 
     this subsection for the purpose of capitalizing a residential 
     energy efficiency financing program of the recipient may 
     charge interest on any loan provided by the recipient at a 
     fixed rate that is as low as practicable, but not more than 5 
     percent more than the applicable interest rate paid by the 
     eligible entity to the Secretary under subsection (d)(2).
       ``(B) No penalty on early repayment.--An eligible entity, 
     or a recipient of assistance provided by an eligible entity, 
     shall not assess any penalty for early repayment by any 
     recipient of assistance provided under this subsection by the 
     eligible entity or recipient, as applicable.
       ``(f) Reports.--
       ``(1) Eligible entities.--
       ``(A) In general.--Not later than 2 years after the date of 
     receipt of the loan, and annually thereafter for the term of 
     the loan, an eligible entity that receives a loan under this 
     section shall submit to the Secretary a report describing the 
     performance of each program and activity carried out using 
     the loan, including anonymized loan performance data.
       ``(B) Requirements.--The Secretary, in consultation with 
     eligible entities and other stakeholders (such as lending 
     institutions and the real estate industry), shall establish 
     such requirements for the reports under this paragraph as the 
     Secretary determines to be appropriate--
       ``(i) to ensure that the reports are clear, consistent, and 
     straightforward; and
       ``(ii) taking into account the reporting requirements for 
     similar programs in which the eligible entities are 
     participating, if any.
       ``(2) Secretary.--The Secretary shall submit to Congress 
     and make available to the public--
       ``(A) not less frequently than once each year, a report 
     describing the performance of the program under this section, 
     including a synthesis and analysis of the information 
     provided in the reports submitted to the Secretary under 
     paragraph (1)(A); and
       ``(B) on termination of the program under this section, an 
     assessment of the success of, and education provided by, the 
     measures carried out by eligible entities during the term of 
     the program.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $20,000,000 for the cost of credit subsidies;
       ``(2) $37,500,000 for energy advisor programs;
       ``(3) $5,000,000 for administrative costs to the Secretary 
     of carrying out this section; and
       ``(4) $37,500,000 for administrative costs to States in 
     carrying out this section.''.
       (b) Reorganization.--
       (1) In general.--Part D of title III of the Energy Policy 
     and Conservation Act (42 U.S.C. 6321 et seq.) is amended--
       (A) by redesignating sections 362, 363, 364, 365, and 366 
     as sections 364, 365, 366, 363, and 362, respectively, and 
     moving the sections so as to appear in numerical order;
       (B) in section 362 (as so redesignated)--
       (i) in paragraph (3)(B)(i), by striking ``section 367, 
     and'' and inserting ``section 367 (as in effect on the day 
     before the date of enactment of the State Energy Efficiency 
     Programs Improvement Act of 1990 (42 U.S.C. 6201 note; Public 
     Law 101-440)); and''; and
       (ii) in each of paragraphs (4) and (6), by striking 
     ``section 365(e)(1)'' each place it appears and inserting 
     ``section 363(e)(1)'';
       (C) in section 363 (as so redesignated)--
       (i) in subsection (b), by striking ``the provisions of 
     sections 362 and 364 and subsection (a) of section 363'' and 
     inserting ``sections 364, 365(a), and 366''; and
       (ii) in subsection (g)(1)(A), in the second sentence, by 
     striking ``section 362'' and inserting ``section 364''; and
       (D) in section 365 (as so redesignated)--
       (i) in subsection (a)--

       (I) in paragraph (1), by striking ``section 362,'' and 
     inserting ``section 364;''; and
       (II) in paragraph (2), by striking ``section 362(b) or 
     (e)'' and inserting ``subsection (b) or (e) of section 364''; 
     and

       (ii) in subsection (b)(2), in the matter preceding 
     subparagraph (A), by striking ``section 362(b) or (e)'' and 
     inserting ``subsection (b) or (e) of section 364''.
       (2) Conforming amendments.--Section 391 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6371) is amended--
       (A) in paragraph (2)(M), by striking ``section 365(e)(2)'' 
     and inserting ``section 363(e)(2)''; and
       (B) in paragraph (10), by striking ``section 362 of this 
     Act'' and inserting ``section 364''.
       (3) Clerical amendment.--The table of contents of the 
     Energy Policy and Conservation Act (42 U.S.C. 6201 note; 
     Public Law 94-163) is amended by striking the items relating 
     to part D of title III and inserting the following:

              ``Part D--State Energy Conservation Programs

``Sec. 361. Findings and purpose.
``Sec. 362. Definitions.
``Sec. 363. General provisions.
``Sec. 364. State energy conservation plans.
``Sec. 365. Federal assistance to States.
``Sec. 366. State energy efficiency goals.
``Sec. 367. Loans for residential building energy efficiency 
              upgrades.''.

     SEC. 4____. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) $200,000,000 for fiscal year 2013;
       ``(5) $125,000,000 for fiscal year 2014;
       ``(6) $85,000,000 for fiscal year 2015;
       ``(7) $80,000,000 for fiscal year 2016;
       ``(8) $70,000,000 for fiscal year 2017; and
       ``(9) $70,000,000 for fiscal year 2018.''.
                                 ______
                                 
  SA 1933. Mr. UDALL of Colorado (for himself and Mr. Risch) submitted 
an amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 45, strike lines 3 through 24 and insert the 
     following:

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

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended--
       (1) by redesignating the second subsection (f) (relating to 
     large capital energy investments) as subsection (g); and
       (2) by adding at the end the following:
       ``(h) Federal Implementation Strategy for Energy-efficient 
     and Energy-Saving Information Technologies.--
       ``(1) Definitions.--In this subsection:
       ``(A) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.

[[Page S6535]]

       ``(B) Information technology.--The term `information 
     technology' has the meaning given the term in section 11101 
     of title 40, United States Code.
       ``(2) Development of implementation strategy.--Not later 
     than 1 year after the date of enactment of this subsection, 
     each Federal agency shall collaborate with the Director to 
     develop an implementation strategy (including best-practices 
     and measurement and verification techniques) for the 
     maintenance, purchase, and use by the Federal agency of 
     energy-efficient and energy-saving information technologies.
       ``(3) Administration.--In developing an implementation 
     strategy, each Federal agency shall consider--
       ``(A) advanced metering infrastructure;
       ``(B) energy efficient data center strategies and methods 
     of increasing asset and infrastructure utilization;
       ``(C) advanced power management tools;
       ``(D) building information modeling, including building 
     energy management; and
       ``(E) secure telework and travel substitution tools.
       ``(4) Performance goals.--
       ``(A) In general.--Not later than September 30, 2014, the 
     Director, in consultation with the Secretary, shall establish 
     performance goals for evaluating the efforts of Federal 
     agencies in improving the maintenance, purchase, and use of 
     energy-efficient and energy-saving information technology 
     systems.
       ``(B) Best practices.--The Chief Information Officers 
     Council established under section 3603 of title 44, United 
     States Code, shall supplement the performance goals 
     established under this paragraph with recommendations on best 
     practices for the attainment of the performance goals, to 
     include a requirement for agencies to consider the use of--
       ``(i) energy savings performance contracting; and
       ``(ii) utility energy services contracting.
       ``(5) Reports.--
       ``(A) Agency reports.--Each Federal agency subject to the 
     requirements of this subsection shall include in the report 
     of the agency under section 527 of the Energy Independence 
     and Security Act of 2007 (42 U.S.C. 17143) a description of 
     the efforts and results of the agency under this subsection.
       ``(B) OMB government efficiency reports and scorecards.--
     Effective beginning not later than October 1, 2014, the 
     Director shall include in the annual report and scorecard of 
     the Director required under section 528 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17144) a 
     description of the efforts and results of Federal agencies 
     under this subsection.
       ``(C) Use of existing reporting structures.--The Director 
     may require Federal agencies to submit any information 
     required to be submitted under this subsection though 
     reporting structures in use as of the date of enactment of 
     the Energy Savings and Industrial Competitiveness Act of 
     2013.''.
       On page 47, between lines 15 and 16, insert the following:

     SEC. 304. ENERGY EFFICIENT DATA CENTERS.

       Section 453 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17112) is amended--
       (1) in subsection (c), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--Not later than 30 days after the date of 
     enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, the Secretary and the 
     Administrator shall--
       ``(A) designate an established information technology 
     industry organization to coordinate the program described in 
     subsection (b); and
       ``(B) make the designation public, including on an 
     appropriate website.'';
       (2) by striking subsections (e) and (f) and inserting the 
     following:
       ``(e) Study.--The Secretary, with assistance from the 
     Administrator, shall--
       ``(1) not later than December 31, 2014, make available to 
     the public an update to the Report to Congress on Server and 
     Data Center Energy Efficiency published on August 2, 2007, 
     under section 1 of Public Law 109-431 (120 Stat. 2920), that 
     provides--
       ``(A) a comparison and gap analysis of the estimates and 
     projections contained in the original report with new data 
     regarding the period from 2007 through 2013;
       ``(B) an analysis considering the impact of information 
     technologies, to include virtualization and cloud computing, 
     in the public and private sectors; and
       ``(C) updated projections and recommendations for best 
     practices through fiscal year 2020; and
       ``(2) collaborate with the organization designated under 
     subsection (c) in preparing the report.
       ``(f) Data Center Energy Practitioner Program.--
       ``(1) In general.--The Secretary, in collaboration with the 
     organization designated under subsection (c) and in 
     consultation with the Administrator for the Office of E-
     Government and Information Technology within the Office of 
     Management and Budget, shall maintain a data center energy 
     practitioner program that leads to the certification of 
     energy practitioners qualified to evaluate the energy usage 
     and efficiency opportunities in data centers.
       ``(2) Evaluations.--Each Federal agency shall consider 
     having the data centers of the agency evaluated every 4 years 
     by energy practitioners certified pursuant to the program, 
     whenever practicable using certified practitioners employed 
     by the agency.'';
       (3) by redesignating subsection (g) as subsection (j); and
       (4) by inserting after subsection (f) the following:
       ``(g) Open Data Initiative.--
       ``(1) In general.--The Secretary, in collaboration with the 
     organization designated under subsection (c) and in 
     consultation with the Administrator for the Office of E-
     Government and Information Technology within the Office of 
     Management and Budget, shall establish an open data 
     initiative for Federal data center energy usage data, with 
     the purpose of making the data available and accessible in a 
     manner that empowers further data center optimization and 
     consolidation.
       ``(2) Administration.--In establishing the initiative, the 
     Secretary shall consider use of the online Data Center 
     Maturity Model.
       ``(h) International Specifications and Metrics.--The 
     Secretary, in collaboration with the organization designated 
     under subsection (c), shall actively participate in efforts 
     to harmonize global specifications and metrics for data 
     center energy efficiency.
       ``(i) Data Center Utilization Metric.--The Secretary, in 
     collaboration with the organization designated under 
     subsection (c), shall assist in the development of an 
     efficiency metric that measures the energy efficiency of the 
     overall data center.''.
                                 ______
                                 
  SA 1934. Mr. FLAKE (for himself, Mr. Coburn, and Mr. Johnson of 
Wisconsin) 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. __. DELAY IN APPLICATION OF PATIENT PROTECTION AND 
                   AFFORDABLE CARE ACT.

       (a) One-year Delay in PPACA Provisions Scheduled to Take 
     Effect on or After January 1, 2014.--Notwithstanding any 
     other provision of law, any provision of (including any 
     amendment made by) the Patient Protection and Affordable Care 
     Act (Public Law 111-148) or of title I or subtitle B of title 
     II of the Health Care and Education Reconciliation Act of 
     2011 (Public Law 111-152) that is otherwise scheduled to take 
     effect on or after January 1, 2014, shall not take effect 
     until the date that is one year after the date on which such 
     provision would otherwise have been scheduled to take effect.
       (b) One-year Suspension of Certain Tax Increases Already in 
     Effect.--Notwithstanding any other provision of law, in the 
     case of any tax which is imposed or increased by any 
     provision of (including any amendment made by) the Patient 
     Protection and Affordable Care Act (Public Law 111-148) or of 
     title I or subtitle B of title II of the Health Care and 
     Education Reconciliation Act of 2011 (Public Law 111-152), if 
     such tax or increase takes effect before January 1, 2014, 
     such tax or increase shall not apply during the 1-year period 
     beginning on such date.
                                 ______
                                 
  SA 1935. 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_. REGIONAL HAZE.

       Notwithstanding any other provision of law, the 
     Administrator of the Environmental Protection Agency shall 
     not consider any element of a proposed better-than Best 
     Available Retrofit Technology (``BART'') alternative to a 
     Federal regional haze implementation plan under the regional 
     haze regulations of the Environmental Protection Agency 
     described in section 51.308 of title 40, Code of Federal 
     Regulations (or successor regulations) that is not 
     substantially and directly related to the regulation of 
     regional haze.
                                 ______
                                 
  SA 1936. 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_. ENERGY-RELATED AGREEMENTS THAT IMPACT INDIAN TRIBES.

       The Secretary of the Interior, the Secretary of Energy, and 
     the Administrator of the Environmental Protection Agency 
     shall not enter into any agreement under this Act or the 
     Clean Air Act (42 U.S.C. 7401 et seq.) that directly affects 
     an Indian tribe (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b)) 
     or the trust assets of an Indian tribe without first 
     consulting the affected Indian tribe.
                                 ______
                                 
  SA 1937. Mr. FLAKE (for himself and Mrs. Fischer) 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:


[[Page S6536]]


       Beginning on page 37, strike line 1 and all that follows 
     through page 44, line 23.
                                 ______
                                 
  SA 1938. Mr. FLAKE (for himself and Mrs. Fischer) 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 4, lines 23 through 25, strike ``Not later than 2 
     years after the date on which a model building energy code is 
     updated, each'' and insert ``If a State of Indian tribe has 
     submitted written notification to the Secretary that the 
     State or Indian tribe has decided to participate in the 
     program under this section, not later than 2 years after the 
     date on which a model building energy code is updated, each 
     participating''.
                                 ______
                                 
  SA 1939. Mr. FLAKE (for himself and Mrs. Fischer) 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 _. OFFSETS FOR INCREASED COSTS TO FEDERAL AGENCIES FOR 
                   REGULATIONS LIMITING GREENHOUSE GAS EMISSIONS.

       (a) In General.--If the Administrator of the Environmental 
     Protection Agency proposes a rule that limits greenhouse gas 
     emissions and imposes increased costs on 1 or more other 
     Federal agencies, the Administrator shall include in the 
     proposed rule an offset from funds available to the 
     Administrator for all projected increased costs that the 
     proposed rule would impose on other Federal agencies.
       (b) No Offsets.--If the Administrator proposes a rule that 
     limits greenhouse gas emissions and imposes increased costs 
     on 1 or more other Federal agencies but does not provide an 
     offset in accordance with paragraph (1), the Administrator 
     may not finalize the rule until the promulgation of the final 
     rule is approved by law.
                                 ______
                                 
  SA 1940. Ms. KLOBUCHAR (for herself, Mr. Hoeven, and 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:

     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 faith-based organization; 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 1941. Mr. FRANKEN (for himself and Ms. Murkowski) 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 II, add the following:

                Subtitle E--Technical Assistance Program

     SEC. 241. SHORT TITLE.

       This title may be cited as the ``Local Energy Supply and 
     Resiliency Act of 2013''.

     SEC. 242. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) a quantity of energy that is more than--
       (A) 27 percent of the total energy consumption in the 
     United States is released from power plants in the form of 
     waste heat; and
       (B) 36 percent of the total energy consumption in the 
     United States is released from power plants, industrial 
     facilities, and other buildings in the form of waste heat;
       (2) waste heat can be--
       (A) recovered and distributed to meet building heating or 
     industrial process heating requirements;
       (B) converted to chilled water for air conditioning or 
     industrial process cooling; or
       (C) converted to electricity;
       (3) renewable energy resources in communities in the United 
     States can be used to meet local thermal and electric energy 
     requirements;
       (4) use of local energy resources and implementation of 
     local energy infrastructure can strengthen the reliability 
     and resiliency of energy supplies in the United States in 
     response to extreme weather events, power grid failures, or 
     interruptions in the supply of fossil fuels;
       (5) use of local waste heat and renewable energy 
     resources--
       (A) strengthens United States industrial competitiveness;
       (B) helps reduce reliance on fossil fuels and the 
     associated emissions of air pollution and carbon dioxide;
       (C) increases energy supply resiliency and security; and
       (D) keeps more energy dollars in local economies, thereby 
     creating jobs;
       (6) district energy systems represent a key opportunity to 
     tap waste heat and renewable energy resources;
       (7) district energy systems are important for expanding 
     implementation of combined heat and power systems because 
     district energy systems provide infrastructure for delivering 
     thermal energy from a CHP system to a substantial base of end 
     users;
       (8) district energy systems serve institutions of higher 
     education, hospitals, airports, military bases, and downtown 
     areas;
       (9) district energy systems help cut peak power demand and 
     reduce power transmission and distribution system constraints 
     by--
       (A) shifting power demand through thermal storage;
       (B) generating power near load centers with a CHP system; 
     and
       (C) meeting air conditioning demand through the delivery of 
     chilled water produced with heat generated by a CHP system or 
     other energy sources;
       (10) evaluation and implementation of district energy 
     systems--
       (A) is a complex undertaking involving a variety of 
     technical, economic, legal, and institutional issues and 
     barriers; and
       (B) often requires technical assistance to successfully 
     navigate those barriers; and
       (11) a major constraint to the use of local waste heat and 
     renewable energy resources is a lack of low-interest, long-
     term capital funding for implementation.
       (b) Purposes.--The purposes of this title are--

[[Page S6537]]

       (1) to encourage the use and distribution of waste heat and 
     renewable thermal energy--
       (A) to reduce fossil fuel consumption;
       (B) to enhance energy supply resiliency, reliability, and 
     security;
       (C) to reduce air pollution and greenhouse gas emissions;
       (D) to strengthen industrial competitiveness; and
       (E) to retain more energy dollars in local economies; and
       (2) to facilitate the implementation of a local energy 
     infrastructure that accomplishes the goals described in 
     paragraph (1) by--
       (A) providing technical assistance to evaluate, design, and 
     develop projects to build local energy infrastructure; and
       (B) facilitating low-cost financing for the construction of 
     local energy infrastructure though the issuance of loan 
     guarantees.

     SEC. 243. DEFINITIONS.

       In this title:
       (1) Combined heat and power system.--The term ``combined 
     heat and power system'' or ``CHP system'' means generation of 
     electric energy and heat in a single, integrated system that 
     meets the efficiency criteria in clauses (ii) and (iii) of 
     section 48(c)(3)(A) of the Internal Revenue Code of 1986, 
     under which heat that is conventionally rejected is recovered 
     and used to meet thermal energy requirements.
       (2) Demand response.--The term ``demand response'' means a 
     change in electricity use by an electric utility customer, as 
     measured against the usual consumption pattern of the 
     consumer, in response to--
       (A) a change in the price of electricity during a given 
     period of time; or
       (B) an incentive payment designed to induce lower 
     electricity use when--
       (i) wholesale market prices are high; or
       (ii) system reliability is jeopardized.
       (3) District energy system.--The term ``district energy 
     system'' means a system that provides thermal energy to 
     buildings and other energy consumers from 1 or more plants to 
     individual buildings to provide space heating, air 
     conditioning, domestic hot water, industrial process energy, 
     and other end uses.
       (4) Local energy infrastructure.--The term ``local energy 
     infrastructure'' means a system that--
       (A) recovers or produces useful thermal or electric energy 
     from waste energy or renewable energy resources;
       (B) generates electricity using a combined heat and power 
     system;
       (C) distributes electricity in microgrids;
       (D) stores thermal energy; or
       (E) distributes thermal energy or transfers thermal energy 
     to building heating and cooling systems via a district energy 
     system.
       (5) Microgrid.--The term ``microgrid'' means a group of 
     interconnected loads and distributed energy resources within 
     clearly defined electrical boundaries that--
       (A) acts as a single controllable entity with respect to 
     the grid; and
       (B) can connect and disconnect from the grid to enable the 
     microgrid to operate in both grid-connected or island-mode.
       (6) Renewable energy resource.--The term ``renewable energy 
     resource'' means --
       (A) closed-loop and open-loop biomass (as defined in 
     paragraphs (2) and (3), respectively, of section 45(c) of the 
     Internal Revenue Code of 1986);
       (B) gaseous or liquid fuels produced from the materials 
     described in subparagraph (A);
       (C) geothermal energy (as defined in section 45(c)(4) of 
     such Code);
       (D) municipal solid waste (as defined in section 45(c)(6) 
     of such Code); or
       (E) solar energy (which is used, undefined, in section 45 
     of such Code).
       (7) Renewable thermal energy.--The term ``renewable thermal 
     energy'' means--
       (A) heating or cooling energy derived from a renewable 
     energy resource;
       (B) natural sources of cooling such as cold lake or ocean 
     water; or
       (C) other renewable thermal energy sources, as determined 
     by the Secretary.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (9) Thermal energy.--The term ``thermal energy'' means--
       (A) heating energy in the form of hot water or steam that 
     is used to provide space heating, domestic hot water, or 
     process heat; or
       (B) cooling energy in the form of chilled water, ice or 
     other media that is used to provide air conditioning, or 
     process cooling.
       (10) Waste energy.--The term ``waste energy'' means energy 
     that--
       (A) is contained in--
       (i) exhaust gas, exhaust steam, condenser water, jacket 
     cooling heat, or lubricating oil in power generation systems;
       (ii) exhaust heat, hot liquids, or flared gas from any 
     industrial process;
       (iii) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated, or vented;
       (iv) a pressure drop in any gas, excluding any pressure 
     drop to a condenser that subsequently vents the resulting 
     heat;
       (v) condenser water from chilled water or refrigeration 
     plants; or
       (vi) any other form of waste energy, as determined by the 
     Secretary; and
       (B)(i) in the case of an existing facility, is not being 
     used; or
       (ii) in the case of a new facility, is not conventionally 
     used in comparable systems.

     SEC. 244. TECHNICAL ASSISTANCE PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a program to 
     disseminate information and provide technical assistance, 
     directly through the establishment of 1 or more clean energy 
     application centers or through grants so that recipients may 
     contract to obtain technical assistance, to assist eligible 
     entities in identifying, evaluating, planning, and designing 
     local energy infrastructure.
       (2) Technical assistance.--The technical assistance under 
     paragraph (1) shall include assistance with 1 or more of the 
     following:
       (A) Identification of opportunities to use waste energy or 
     renewable energy resources.
       (B) Assessment of technical and economic characteristics.
       (C) Utility interconnection.
       (D) Negotiation of power and fuel contracts, including 
     assessment of the value of demand response capabilities.
       (E) Permitting and siting issues.
       (F) Marketing and contract negotiations.
       (G) Business planning and financial analysis.
       (H) Engineering design.
       (3) Information dissemination.--The information 
     disseminated under paragraph (1) shall include--
       (A) information relating to the topics identified in 
     paragraph (2), including case studies of successful examples; 
     and
       (B) computer software for assessment, design, and operation 
     and maintenance of local energy infrastructure.
       (b) Eligible Entity.--Any nonprofit or for-profit entity 
     shall be eligible to receive assistance under the program 
     established under subsection (a).
       (c) Eligible Costs.--On application by an eligible entity, 
     the Secretary may award a grant to the eligible entity to 
     provide amounts to cover not more than--
       (1) 100 percent of the cost of initial assessment to 
     identify local energy opportunities;
       (2) 75 percent of the cost of feasibility studies to assess 
     the potential for the implementation of local energy 
     infrastructure;
       (3) 60 percent of the cost of guidance on overcoming 
     barriers to the implementation of local energy 
     infrastructure, including financial, contracting, siting, and 
     permitting issues; and
       (4) 45 percent of the cost of detailed engineering of local 
     energy infrastructure.
       (d) Applications.--
       (1) In general.--An eligible entity desiring technical 
     assistance under this section shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require under the rules 
     and procedures adopted under subsection (f).
       (2) Application process.--The Secretary shall solicit 
     applications for technical assistance under this section--
       (A) on a competitive basis; and
       (B) on a periodic basis, but not less frequently than once 
     every 12 months.
       (e) Priorities.--In evaluating projects, the Secretary 
     shall give priority to projects that have the greatest 
     potential for--
       (1) maximizing elimination of fossil fuel use;
       (2) strengthening the reliability of local energy supplies 
     and boosting the resiliency of energy infrastructure to the 
     impact of extreme weather events, power grid failures, and 
     interruptions in supply of fossil fuels;
       (3) minimizing environmental impact, including regulated 
     air pollutants, greenhouse gas emissions, and use of ozone-
     depleting refrigerants;
       (4) facilitating use of renewable energy resources;
       (5) increasing industrial competitiveness; and
       (6) maximizing local job creation.
       (f) Rules and Procedures.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall adopt 
     rules and procedures for the administration of the program 
     established under this section, consistent with the 
     provisions of this title.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     the period of fiscal years 2014 through 2018, to remain 
     available until expended.

     SEC. 245. LOAN GUARANTEES FOR LOCAL ENERGY INFRASTRUCTURE.

       (a) Assurance of Repayment.--Section 1702(d) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16512(d)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (2) by inserting after paragraph (1) the following:
       ``(2) Local energy infrastructure documentation.--No 
     guarantee shall be made for local energy infrastructure 
     unless the borrower submits to the Secretary--
       ``(A) an independent engineering report, prepared by an 
     engineer with experience in the industry and familiarity with 
     similar projects, that includes detailed information on--
       ``(i) how the technology to be employed in the project is a 
     proven, commercial technology;
       ``(ii) project siting;
       ``(iii) engineering and design;
       ``(iv) permitting and environmental compliance;
       ``(v) testing and commissioning; and
       ``(vi) operations and maintenance;
       ``(B) a detailed description of the overall financial plan 
     for the proposed project, including all sources and uses of 
     funding, equity and debt, and the liability of parties 
     associated with the project over the term of the guarantee 
     agreement;

[[Page S6538]]

       ``(C) all applicable financial statements of the borrower 
     and any non-Federal parties providing financial assistance to 
     the borrower, which shall have been audited by an independent 
     certified public accountant;
       ``(D) the business plan on which the project is based and a 
     financial model presenting project pro forma statements for 
     the proposed term of the guarantee, including income 
     statements, balance sheets, and cash flows;
       ``(E) a copy of any power purchase agreement, thermal 
     energy purchase agreement, and other long-term offtake or 
     revenue-generating agreement that will be the primary source 
     of revenue for the project, including repayment of the debt 
     obligations for which a guarantee is sought; and
       ``(F) a list of each engineering and design contractor, 
     construction contractor, and equipment supplier for the 
     project, as well as any performance guarantee, performance 
     bond, liquidated damages provision, and equipment warranty to 
     be provided.''.
       (b) Eligible Projects.--Section 1703 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16513) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(11) Local energy infrastructure, as defined in section 
     243 of the Local Energy Supply and Resiliency Act of 2013.''; 
     and
       (2) by adding at the end the following:
       ``(f) Special Rules for Local Energy Infrastructure.--
       ``(1) In general.--Subsection (a)(2) shall not apply to a 
     project described in subsection (b)(11).
       ``(2) Requirements for loan guarantee.--A loan guarantee 
     shall only be made available for a project described in 
     subsection (b)(11) to the extent specifically provided for in 
     advance by an appropriations Act enacted after the date of 
     enactment of the Local Energy Supply and Resiliency Act of 
     2013.''.

     SEC. 246. DEFINITION OF INVESTMENT AREA.

       Section 103(16) of the Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4702(16)) is 
     amended--
       (1) in subparagraph (A)(ii), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) has the potential for implementation of local energy 
     infrastructure (as defined in section 243 of the Local Energy 
     Supply and Resiliency Act of 2013).''.

     SEC. 247. STATE ENERGY CONSERVATION PLANS.

       Section 362(d) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6322(d)) is amended--
       (1) in paragraph (16), by striking ``and'' at the end;
       (2) by redesignating paragraph (17) as paragraph (18); and
       (3) by inserting after paragraph (16) the following:
       ``(17) programs to support the evaluation and 
     implementation of local energy infrastructure (as defined in 
     section 243 of the Local Energy Supply and Resiliency Act of 
     2013).''.
       Beginning on page 47, strike line 24 and all that follows 
     through page 48, line 2, and insert the following:
       ``(4) $200,000,000 for fiscal year 2013;
       ``(5) $180,000,000 for fiscal year 2014;
       ``(6) $130,000,000 for fiscal year 2015; and
       ``(7) $80,000,000 for each of fiscal years 2016 through 
     2018.''.
                                 ______
                                 
  SA 1942. Mr. MANCHIN (for himself, Mr. Vitter, 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 beginning of title IV, insert the following:

     SEC. 4__. PERMITS FOR DREDGED OR FILL MATERIAL.

       (a) In General.--Section 404(c) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344(c)) is amended in the 
     first sentence by striking ``The Administrator'' and 
     inserting ``Until such time as a permit under this section 
     has been issued by the Secretary, the Administrator''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on October 18, 1972.
                                 ______
                                 
  SA 1943. Mr. MANCHIN 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:

              TITLE V--CLEAN WATER COOPERATIVE FEDERALISM

     SECTION 501. SHORT TITLE.

       This title may be cited as the ``Clean Water Cooperative 
     Federalism Act of 2013''.

     SEC. 502. STATE WATER QUALITY STANDARDS.

       (a) State Water Quality Standards.--Section 303(c)(4) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1313(c)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (2) by striking ``(4)'' and inserting ``(4)(A)'';
       (3) by striking ``The Administrator shall promulgate'' and 
     inserting the following:
       ``(B) The Administrator shall promulgate''; and
       (4) by adding at the end the following:
       ``(C) Notwithstanding subparagraph (A)(ii), the 
     Administrator may not promulgate a revised or new standard 
     for a pollutant in any case in which the State has submitted 
     to the Administrator and the Administrator has approved a 
     water quality standard for that pollutant, unless the State 
     concurs with the Administrator's determination that the 
     revised or new standard is necessary to meet the requirements 
     of this Act.''.
       (b) Federal Licenses and Permits.--Section 401(a) of such 
     Act (33 U.S.C. 1341(a)) is amended by adding at the end the 
     following:
       ``(7) With respect to any discharge, if a State or 
     interstate agency having jurisdiction over the navigable 
     waters at the point where the discharge originates or will 
     originate determines under paragraph (1) that the discharge 
     will comply with the applicable provisions of sections 301, 
     302, 303, 306, and 307, the Administrator may not take any 
     action to supersede the determination.''.
       (c) State NPDES Permit Programs.--Section 402(c) of such 
     Act (42 U.S.C. 1342(c)) is amended by adding at the end the 
     following:
       ``(5) Limitation on authority of administrator to withdraw 
     approval of state programs.--The Administrator may not 
     withdraw approval of a State program under paragraph (3) or 
     (4), or limit Federal financial assistance for the State 
     program, on the basis that the Administrator disagrees with 
     the State regarding--
       ``(A) the implementation of any water quality standard that 
     has been adopted by the State and approved by the 
     Administrator under section 303(c); or
       ``(B) the implementation of any Federal guidance that 
     directs the interpretation of the State's water quality 
     standards.''.
       (d) Limitation on Authority of Administrator To Object to 
     Individual Permits.--Section 402(d) of such Act (33 U.S.C. 
     1342(d)) is amended by adding at the end the following:
       ``(5) The Administrator may not object under paragraph (2) 
     to the issuance of a permit by a State on the basis of--
       ``(A) the Administrator's interpretation of a water quality 
     standard that has been adopted by the State and approved by 
     the Administrator under section 303(c); or
       ``(B) the implementation of any Federal guidance that 
     directs the interpretation of the State's water quality 
     standards.''.

     SEC. 503. PERMITS FOR DREDGED OR FILL MATERIAL.

       (a) Authority of EPA Administrator.--Section 404(c) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is 
     amended--
       (1) by striking ``(c)'' and inserting ``(c)(1)''; and
       (2) by adding at the end the following:
       ``(2) Paragraph (1) shall not apply to any permit if the 
     State in which the discharge originates or will originate 
     does not concur with the Administrator's determination that 
     the discharge will result in an unacceptable adverse effect 
     as described in paragraph (1).''.
       (b) State Permit Programs.--The first sentence of section 
     404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended by 
     striking ``The Governor of any State desiring to administer 
     its own individual and general permit program for the 
     discharge'' and inserting ``The Governor of any State 
     desiring to administer its own individual and general permit 
     program for some or all of the discharges''.

     SEC. 504. DEADLINES FOR AGENCY COMMENTS.

       Section 404 of the Federal Water Pollution Control Act (33 
     U.S.C. 1344) is amended--
       (1) in subsection (m) by striking ``ninetieth day'' and 
     inserting ``30th day (or the 60th day if additional time is 
     requested)''; and
       (2) in subsection (q)--
       (A) by striking ``(q)'' and inserting ``(q)(1)''; and
       (B) by adding at the end the following:
       ``(2) The Administrator and the head of a department or 
     agency referred to in paragraph (1) shall each submit any 
     comments with respect to an application for a permit under 
     subsection (a) or (e) not later than the 30th day (or the 
     60th day if additional time is requested) after the date of 
     receipt of an application for a permit under that 
     subsection.''.

     SEC. 505. APPLICABILITY OF AMENDMENTS.

       The amendments made by this title shall apply to actions 
     taken on or after the date of enactment of this Act, 
     including actions taken with respect to permit applications 
     that are pending or revised or new standards that are being 
     promulgated as of such date of enactment.

     SEC. 506. REPORTING ON HARMFUL POLLUTANTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Administrator of the 
     Environmental Protection Agency shall submit to Congress a 
     report on any increase or reduction in waterborne pathogenic 
     microorganisms (including protozoa, viruses, bacteria, and 
     parasites), toxic chemicals, or toxic metals (such as lead 
     and mercury) in waters regulated by a State under the 
     provisions of this title, including the amendments made by 
     this title.

     SEC. 507. PIPELINES CROSSING STREAMBEDS.

       None of the provisions of this title, including the 
     amendments made by this title, shall be construed to limit 
     the authority of the Administrator of the Environmental 
     Protection Agency, as in effect on the day before the date of 
     enactment of this Act, to regulate a pipeline that crosses a 
     streambed.

[[Page S6539]]

     SEC. 508. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT 
                   AND ECONOMIC ACTIVITY.

       (a) Analysis of Impacts of Actions on Employment and 
     Economic Activity.--
       (1) Analysis.--Before taking a covered action, the 
     Administrator shall analyze the impact, disaggregated by 
     State, of the covered action on employment levels and 
     economic activity, including estimated job losses and 
     decreased economic activity.
       (2) Economic models.--
       (A) In general.--In carrying out paragraph (1), the 
     Administrator shall utilize the best available economic 
     models.
       (B) Annual gao report.--Not later than December 31st of 
     each year, the Comptroller General of the United States shall 
     submit to Congress a report on the economic models used by 
     the Administrator to carry out this subsection.
       (3) Availability of information.--With respect to any 
     covered action, the Administrator shall--
       (A) post the analysis under paragraph (1) as a link on the 
     main page of the public Internet Web site of the 
     Environmental Protection Agency; and
       (B) request that the Governor of any State experiencing 
     more than a de minimis negative impact post such analysis in 
     the Capitol of such State.
       (b) Public Hearings.--
       (1) In general.--If the Administrator concludes under 
     subsection (a)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in a State, the Administrator shall hold a public 
     hearing in each such State at least 30 days prior to the 
     effective date of the covered action.
       (2) Time, location, and selection.--A public hearing 
     required under paragraph (1) shall be held at a convenient 
     time and location for impacted residents. In selecting a 
     location for such a public hearing, the Administrator shall 
     give priority to locations in the State that will experience 
     the greatest number of job losses.
       (c) Notification.--If the Administrator concludes under 
     subsection (a)(1) that a covered action will have more than a 
     de minimis negative impact on employment levels or economic 
     activity in any State, the Administrator shall give notice of 
     such impact to the State's Congressional delegation, 
     Governor, and Legislature at least 45 days before the 
     effective date of the covered action.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Covered action.--The term ``covered action'' means any 
     of the following actions taken by the Administrator under the 
     Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
       (A) Issuing a regulation, policy statement, guidance, 
     response to a petition, or other requirement.
       (B) Implementing a new or substantially altered program.
       (3) More than a de minimis negative impact.--The term 
     ``more than a de minimis negative impact'' means the 
     following:
       (A) With respect to employment levels, a loss of more than 
     100 jobs. Any offsetting job gains that result from the 
     hypothetical creation of new jobs through new technologies or 
     government employment may not be used in the job loss 
     calculation.
       (B) With respect to economic activity, a decrease in 
     economic activity of more than $1,000,000 over any calendar 
     year. Any offsetting economic activity that results from the 
     hypothetical creation of new economic activity through new 
     technologies or government employment may not be used in the 
     economic activity calculation.
                                 ______
                                 
  SA 1944. Mr. MANCHIN 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__. ENERGY INDEPENDENCE INVESTMENT.

       (a) Findings.--Congress finds that--
       (1) for the last 5 years, the Department of Energy has had 
     $8,000,000,000 available for loan guarantees for advanced 
     fossil energy projects, but in the 5 years that the funding 
     has been available, the Department of Energy has not approved 
     any projects;
       (2) advanced fossil energy technologies will increase 
     energy efficiency and result in less wasted energy in the 
     United States; and
       (3) advanced fossil energy technologies will result in 
     dramatic reductions in greenhouse gas and other emissions.
       (b) Projects Authorized.--Notwithstanding any other 
     provision of law, not later than 1 year after the date of 
     enactment of this Act, the Secretary shall give final 
     approval to applications for loan guarantees totaling 
     $2,000,000,0000 for advanced fossil energy projects.
                                 ______
                                 
  SA 1945. Mr. MANCHIN 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__. STUDY ON REDUCTIONS OF CARBON DIOXIDE EMISSIONS IN 
                   ELECTRIC GENERATING SECTOR.

       (a) Findings.--Congress finds that--
       (1) electric generating units were the top source category 
     of greenhouse gas emissions in the United States in calendar 
     year 2011, accounting for approximately 33 percent of the 
     total greenhouse gas emitted in the United States;
       (2) in calendar year 2011, carbon dioxide equivalent 
     emissions attributable to the electric generating sector 
     declined by 4.5 percent from calendar year 2010 emissions 
     levels;
       (3) significant changes in the number, fuel source, and 
     efficiency of electric generating units have occurred in 
     recent years and are expected to continue to occur as a 
     result of various factors, including--
       (A) the major capital expenditures and operating expenses 
     that would be incurred to meet new environmental regulations 
     that the Environmental Protection Agency or individual States 
     have recently adopted or are currently developing;
       (B) the current low price of natural gas; and
       (C) Federal and State programs to improve energy efficiency 
     and deploy low- or zero-emitting generating technologies; and
       (4) carbon dioxide emissions attributable to electric 
     generating units can be expected to continue to decline 
     significantly because existing units will be converted to or 
     replaced by more highly efficient coal-fired and natural gas-
     fired generation or zero-emitting nuclear, renewable power 
     generation, and energy efficiency gains.
       (b) Requirement.--Not later than 1 year after the date of 
     enactment of this Act, the Energy Information Administration 
     shall prepare and submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate a report 
     describing the changes that have occurred and will occur in 
     the electric generating sector that have resulted in 
     reductions in carbon dioxide emissions, including the annual 
     capacity by fuel type and the quantity of carbon dioxide 
     emissions reductions that are expected to result from the 
     changes, as described in subsection (c).
       (c) Content of Report.--The report required under 
     subsection (b) shall--
       (1) quantify carbon dioxide emissions on an annual and 
     cumulative basis from electric generating units in the United 
     States and (using a calendar year 2005 baseline) calculate 
     the annual and cumulative reduction in carbon dioxide 
     emissions in each of calendar years 2005 through 2020 that is 
     attributable to the--
       (A) changes in the composition of the electric generating 
     fleet that--
       (i) has occurred since calendar year 2005 for whatever 
     reason; and
       (ii) are expected to occur by calendar year 2020, as 
     determined by the Energy Information Administration based 
     on--

       (I) the consultation process described in subsection (d);
       (II) a review of Federal and State laws (including 
     regulations) or other requirements for the addition of 
     renewable resources, incorporation of energy efficiency 
     improvements, and other measures that have the effect of 
     reducing carbon dioxide and other greenhouse gas emissions in 
     the electricity generating sector; and
       (III) comprehensive economic modeling of the electric power 
     sector, as developed by the Energy Information 
     Administration; and

       (B) other changes in operation of the existing electric 
     generating fleet in the United States due to any Federal or 
     State environmental regulations, renewable energy 
     initiatives, or market conditions;
       (2) compare the average generation efficiency, expressed in 
     terms of carbon dioxide emissions per megawatt hour, that the 
     electric generating fleet in the United States (including all 
     emitting and nonemitting energy resources) achieved in 
     calendar years 2005 and 2010 to the average generation 
     efficiency projected to be achieved in calendar year 2020; 
     and
       (3) quantify the total quantity of megawatt hours that are 
     generated in the United States by each fuel type on an annual 
     basis for each of calendar years 2005 through 2020.
       (d) Consultation Process.--
       (1) In general.--To identify changes in the number and fuel 
     type of electric generating units that have occurred since 
     calendar year 2005 or are expected to occur prior to calendar 
     year 2020, the Energy Information Administration shall 
     consult on an individual basis with the owners and operators 
     of electric generating units regarding the announced plans or 
     legal obligations of the units.
       (2) Long-term reductions.--If, during the consultation 
     process, the Energy Information Administration identifies 
     units with announced plans or legal obligations that will 
     result in carbon dioxide emissions reduction after calendar 
     year 2020, the units and associated emission reductions shall 
     be identified in the report.
                                 ______
                                 
  SA 1946. Ms. BALDWIN 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:


[[Page S6540]]


       On page 30, between lines 12 and 13, insert the following:
       ``(C) an outreach program based at each of the industrial 
     research and assessment centers that would--
       ``(i) deploy liaisons to identify industry needs and 
     connect manufacturers with resources available under this 
     subsection;
       ``(ii) ensure that the liaisons have experience working 
     with the manufacturing industry the liaisons serve; and
       ``(iii) ensure that the industrial research and assessment 
     centers and entities described in paragraph (2) make 
     comprehensive information about the program available to the 
     liaisons for distribution to manufacturers; and
       ``(D) evaluation of outreach activities and coordination 
     activities under this subsection to identify--
       ``(i) emerging needs;
       ``(ii) best practices; and
       ``(iii) opportunities to streamline duplicative efforts.
                                 ______
                                 
  SA 1947. Ms. WARREN (for herself and Mr. Crapo) 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 45, after line 24, insert the following:
       (c) Study and Report on Energy Savings Benefits of 
     Operational Efficiency Programs and Services.--
       (1) Definition of operational efficiency programs and 
     services.--In this subsection, the term ``operational 
     efficiency programs and services'' means programs and 
     services that use information and communications technologies 
     (including computer hardware, energy efficiency software, and 
     power management tools) to operate buildings and equipment in 
     the optimum manner at the optimum times.
       (2) Study and report.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall conduct a study 
     and issue a report that quantifies the energy savings 
     benefits of operational efficiency programs and services for 
     commercial, institutional, industrial, and governmental 
     entities, including Federal agencies.
       (3) Measurement and verification of energy savings.--The 
     report required under this subsection shall recommend 
     methodologies or protocols for utilities, utility regulators, 
     and Federal agencies to evaluate, measure, and verify energy 
     savings from operational efficiency programs and services.
                                 ______
                                 
  SA 1948. Mr. UDALL of Colorado (for himself and Mr. Markey) 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 47, strike line 17 and all that follows 
     through page 48, line 2, and insert the following:

     SEC. 4___. CONSUMER ACCESS TO ELECTRIC ENERGY INFORMATION.

       (a) In General.--The Secretary shall encourage and support 
     the adoption of policies that allow electricity consumers 
     access to their own electricity data.
       (b) Eligibility for State Energy Plans.--Section 362(d) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is 
     amended--
       (1) in paragraph (16), by striking ``and'' after the 
     semicolon at the end;
       (2) by redesignating paragraph (17) as paragraph (18); and
       (3) by inserting after paragraph (16) the following:
       ``(17) programs--
       ``(A) to enhance consumer access to and understanding of 
     energy usage and price information, including consumers' own 
     residential and commercial electricity information; and
       ``(B) to allow for the development and adoption of 
     innovative products and services to assist consumers in 
     managing energy consumption and expenditures; and''.
       (c) Voluntary Guidelines for Electric Consumer Access.--
       (1) Definitions.--In this subsection:
       (A) Retail electric energy information.--The term ``retail 
     electric energy information'' means--
       (i) the electric energy consumption of an electric consumer 
     over a defined time period;
       (ii) the retail electric energy prices or rates applied to 
     the electricity usage for the defined time period described 
     in clause (i) for the electric consumer;
       (iii) the estimated cost of service by the consumer, 
     including (if smart meter usage information is available) the 
     estimated cost of service since the last billing cycle of the 
     consumer; and
       (iv) in the case of nonresidential electric meters, any 
     other electrical information that the meter is programmed to 
     record (such as demand measured in kilowatts, voltage, 
     frequency, current, and power factor).
       (B) Smart meter.--The term ``smart meter'' means the device 
     used by an electric utility that--
       (i)(I) measures electric energy consumption by an electric 
     consumer at the home or facility of the electric consumer in 
     intervals of 1 hour or less; and
       (II) is capable of sending electric energy usage 
     information through a communications network to the electric 
     utility; or
       (ii) meets the guidelines issued under paragraph (2).
       (2) Voluntary guidelines for electric consumer access.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, subject to subparagraph (B), the 
     Secretary shall issue voluntary guidelines that establish 
     model standards for implementation of retail electric energy 
     information access in States.
       (B) Consultation.--Before issuing the voluntary guidelines, 
     the Secretary shall--
       (i) consult with--

       (I) State and local regulatory authorities, including the 
     National Association of Regulatory Utility Commissioners;
       (II) other appropriate Federal agencies, including the 
     National Institute of Standards and Technology;
       (III) consumer and privacy advocacy groups;
       (IV) utilities;
       (V) the National Association of State Energy Officials; and
       (VI) other appropriate entities, including groups 
     representing commercial and residential building owners and 
     groups that represent demand response and electricity data 
     devices and services; and

       (ii) provide notice and opportunity for comment.
       (C) State and local regulatory action.--In issuing the 
     voluntary guidelines, the Secretary shall, to the maximum 
     extent practicable, be guided by actions taken by State and 
     local regulatory authorities to ensure electric consumer 
     access to retail electric energy information, including 
     actions taken after consideration of the standard established 
     under section 111(d)(17) of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2621(d)(17)).
       (D) Contents.--
       (i) In general.--The voluntary guidelines shall provide 
     guidance on issues necessary to carry out this subsection, 
     including--

       (I) the timeliness and specificity of retail electric 
     energy information;
       (II) appropriate nationally recognized open standards for 
     data;
       (III) the protection of data security and electric consumer 
     privacy, including consumer consent requirements; and
       (IV) issues relating to access of electric energy 
     information for owners and managers of multitenant commercial 
     and residential buildings.

       (ii) Inclusions.--The voluntary guidelines shall include 
     guidance that--

       (I) retail electric energy information should be made 
     available to electric consumers (and third party designees of 
     the electric consumers) in the United States--

       (aa) in an electronic machine readable form, without 
     additional charge, in conformity with nationally recognized 
     open standards developed by a nationally recognized standards 
     organization;
       (bb) as timely as is reasonably practicable;
       (cc) at the level of specificity that the data is 
     transmitted by the meter or as is reasonably practicable; and
       (dd) in a manner that provides adequate protections for the 
     security of the information and the privacy of the electric 
     consumer;

       (II) in the case of an electric consumer that is served by 
     a smart meter that can also communicate energy usage 
     information to a device or network of an electric consumer or 
     a device or network of a third party authorized by the 
     consumer, the feasibility should be considered of providing 
     to the consumer or third party designee, at a minimum, access 
     to usage information (not including price information) of the 
     consumer directly from the smart meter;
       (III) retail electric energy information should be provided 
     by the electric utility of the consumer or such other entity 
     as may be designated by the applicable electric retail 
     regulatory authority;
       (IV) retail electric energy information of the consumer 
     should be made available to the consumer through a website or 
     other electronic access authorized by the electric consumer, 
     for a period of at least 13 months after the date on which 
     the usage occurred;
       (V) consumer access to data, including data provided to 
     owners and managers of commercial and multifamily buildings 
     with multiple tenants, should not interfere with or 
     compromise the integrity, security, or privacy of the 
     operations of a utility and the electric consumer;
       (VI) electric energy information relating to usage 
     information generated by devices in or on the property of the 
     consumer that is transmitted to the electric utility should 
     be made available to the electric consumer or the third party 
     agent designated by the electric consumer; and
       (VII) the same privacy and security requirements applicable 
     to the contracting utility should apply to third party agents 
     contracting with a utility to process the customer data of 
     that utility.

       (E) Revisions.--The Secretary shall periodically review 
     and, as necessary, revise the voluntary guidelines to reflect 
     changes in technology, privacy needs, and the market for 
     electric energy and services.
       (d) Verification and Implementation.--
       (1) In general.--A State may submit to the Secretary a 
     description of the data sharing policies of the State 
     relating to consumer access to electric energy information 
     for certification by the Secretary that the policies meet the 
     voluntary guidelines issued under subsection (c)(2).

[[Page S6541]]

       (2) Assistance.--Subject to the availability of funds under 
     paragraph (3), the Secretary shall make Federal amounts 
     available to any State that has data sharing policies 
     described in paragraph (1) that the Secretary certifies meets 
     the voluntary guidelines issued under subsection (c)(2) to 
     assist the State in implementing section 362(d)(17) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322(d)(17)).
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for fiscal year 2015, to remain available until expended.

     SEC. 4_____. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) $200,000,000 for each of fiscal years 2013 and 2014;
       ``(5) $145,000,000 for fiscal year 2015; and
       ``(6) $100,000,000 for each of fiscal years 2016 through 
     2018.''.
                                 ______
                                 
  SA 1949. Mr. BROWN (for himself and Mr. Kirk) submitted an amendment 
intended to be proposed by him to the bill S. 1392, to promote energy 
savings in residential buildings and industry, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

     SEC. 3__. INCREASING WATER EFFICIENCY IN FEDERAL BUILDINGS.

       (a) Definitions.--In this section:
       (1) ANSI-accredited plumbing code.--The term ``ANSI-
     accredited plumbing code'' means a construction code for a 
     plumbing system of a building that meets applicable codes 
     established by the American National Standards Institute.
       (2) ANSI-audited designator.--The term ``ANSI-audited 
     designator'' means an accredited developer that is recognized 
     by the American National Standards Institute.
       (3) Green plumbers usa training program.--The term ``Green 
     Plumbers USA training program'' means the training and 
     certification program teaching sustainability and water-
     savings practices that is established by the Green Plumbers 
     organization.
       (4) Helmets to hardhats program.--The term ``Helmets to 
     Hardhats program'' means the national, nonprofit program that 
     connects National Guard, Reserve, retired, and transitioning 
     active-duty military service members with skilled training 
     and quality career opportunities in the construction 
     industry.
       (5) Plumbing efficiency research coalition.--The term 
     ``Plumbing Efficiency Research Coalition'' means the industry 
     coalition comprised of plumbing manufacturers, code 
     developers, plumbing engineers, and water efficiency experts 
     established to advance plumbing research initiatives that 
     support the development of water efficiency and sustainable 
     plumbing products, systems, and practices.
       (b) Water Efficiency Standards.--The Secretary shall work 
     with ANSI-audited designators to promote the implementation 
     and use in the construction of Federal building of plumbing 
     products, systems, and practices that meet standards and 
     codes that achieve the highest level of water efficiency and 
     conservation practicable consistent with construction budgets 
     and the goals of Executive Order 13514 (42 U.S.C. 4321 note; 
     relating to Federal leadership in environmental, energy, and 
     economic performance), including --
       (1) the most recent version of the ANSI-accredited plumbing 
     code; and
       (2) if no ANSI-accredited plumbing code exists, alternative 
     plumbing standards and codes established by the Secretary.
       (c) Training Programs.--The Secretary shall work with 
     nationally recognized plumbing training programs that meet 
     applicable plumbing licensing requirements to provide 
     competency training for individuals who install and repair 
     plumbing systems in Federal and other buildings, including--
       (1) the Helmets to Hardhats training program; and
       (2) the Green Plumbers USA training program.
       (d) Water Efficiency Research.--The Secretary shall promote 
     plumbing research that increases water efficiency and 
     conservation in plumbing products, systems, and practices 
     used in Federal and other buildings and reduces the 
     unintended consequences of reduced flows in the building 
     drains and water supply systems of the United States, which 
     may include working with the Andrew W. Breidenbach 
     Environmental Research Center and the Plumbing Efficiency 
     Research Coalition--
       (1) to provide and exchange experts to conduct water 
     efficiency and conservation plumbing-related studies;
       (2) to assist in creating public awareness of reports of 
     the Plumbing Efficiency Research Coalition; and
       (3) to provide financial assistance if applicable and 
     available.
                                 ______
                                 
  SA 1950. Mrs. MURRAY 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 the following:

     SEC. 3__. ALTERNATIVE FUEL INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Alternative fuel.--The term ``alternative fuel'' has 
     the meaning given the term in section 400AA(g) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6374(g)).
       (2) Alternative fuel infrastructure.--The term 
     ``alternative fuel infrastructure'' means any ancillary 
     equipment necessary to provide alternative fuel to vehicles.
       (3) Covered individual.--The term ``covered individual'' 
     means--
       (A) any employee (as defined in section 2105 of title 5, 
     United States Code); or
       (B) any other individual who performs services for or on 
     behalf of a Federal agency under a contract or subcontract 
     with a Federal agency.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``Executive agency'' in section 105 of 
     title 5, United States Code.
       (b) Authority.--
       (1) In general.--The head of a Federal agency may--
       (A) construct, operate, and maintain alternative fuel 
     infrastructure on a reimbursable basis in parking areas under 
     the jurisdiction of the Federal agency; and
       (B) provide alternative fuel on a reimbursable basis in 
     parking areas under the jurisdiction of the Federal agency 
     for use by privately owned vehicles used by covered 
     individuals.
       (2) Vendors authorized.--In carrying out paragraph (1), the 
     head of a Federal agency may use 1 or more vendors on a 
     commission basis.
       (c) Fees.--The head of a Federal agency shall charge fees 
     for alternative fuel provided to covered individuals 
     sufficient to cover the costs to the head of the Federal 
     agency of carrying out this section, including the costs of 
     any vendors or other costs associated with maintaining the 
     alternative fuel infrastructure.
       (d) Deposit and Availability of Fees and Commissions.--Any 
     fees or commissions collected by the head of a Federal agency 
     under this section--
       (1) shall be--
       (A) deposited into the account of the Treasury from which 
     the amounts were made available to carry out this section; 
     and
       (B) transferred from the Treasury to an appropriate account 
     of the agency if the agency operates with a budget outside of 
     the Treasury; and
       (2) shall be available for obligation by the head of the 
     Federal agency without further appropriation during--
       (A) the fiscal year collected; and
       (B) the fiscal year following the fiscal year collected.
       (e) Reports.--
       (1) In general.--Not later than 30 days after the end of 
     each fiscal year, the head of each Federal agency 
     participating in the activities authorized by subsection (b) 
     shall submit to the Administrator of General Services a 
     report on the financial administration and cost recovery of 
     activities carried out under this section with respect to 
     that fiscal year.
       (2) Report to congress.--Not later than 3 years after the 
     date of enactment of this Act and every 3 years thereafter, 
     the Administrator of General Services, in consultation with 
     the Secretary, shall submit to the appropriate committees of 
     Congress, including the Committee on Appropriations of the 
     Senate and the Committee on Appropriations of the House of 
     Representatives, a report that--
       (A) aggregates the information provided by the heads of 
     Federal agencies in the annual reports under paragraph (1); 
     and
       (B) provides information on whether the fees collected 
     under subsection (c) are sufficient to cover the cost to the 
     head of a Federal agency of carrying out this section.
                                 ______
                                 
  SA 1951. Mr. HARKIN 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 401 and insert the following:

     SEC. 4__. COMMUNITY ENERGY PROGRAM.

       Part D of title III of the Energy Policy and Conservation 
     Act is amended by inserting after section 364 (42 U.S.C. 
     6324) the following:

     ``SEC. 364A. COMMUNITY ENERGY PROGRAM.

       ``(a) In General.--The Secretary, acting in conjunction 
     with State energy offices, shall establish and carry out a 
     community energy program under which the Secretary shall make 
     grants to eligible entities to support community energy 
     systems improvement projects, including projects involving 
     energy assessments, development of energy system improvement 
     strategies, and implementation of those strategies so as to 
     reduce energy usage and increase energy supplied from 
     renewable resources.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be--
       ``(1) a municipality (including a town or city or other 
     local unit of government); or
       ``(2) a nonprofit institutional entity (including an 
     institution of higher education, hospital, or school system).
       ``(c) Application Requirements.--To be eligible to receive 
     a grant under this section, an eligible entity shall--

[[Page S6542]]

       ``(1) provide to the Secretary evidence that the entity has 
     a commitment to improving the energy systems of the entity;
       ``(2) encourage broad citizen participation in the project 
     carried out with the grant;
       ``(3) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require; and
       ``(4) meet such other eligibility criteria as are 
     established by the Secretary.
       ``(d) Types of Grants.--The Secretary shall provide to 
     eligible entities under this section--
       ``(1) planning and assessment grants to support--
       ``(A) the assessment of current energy types and uses of 
     the eligible entity;
       ``(B) the identification of potential alternative energy 
     resources to serve the energy needs of the eligible entity, 
     including energy efficiency measures and renewable energy 
     systems; and
       ``(C) the development of energy improvement project plans 
     that specify energy efficiency measures to be adopted and 
     renewable energy systems to be installed; and
       ``(2) implementation project grants to support the 
     implementation of energy system improvements, regardless of 
     whether the eligible entities received planning and 
     assessment grants for the improvements under paragraph (1).
       ``(e) Use of Grants.--
       ``(1) Planning and assessment grants.--An eligible entity 
     may use a planning and assessment grant provided under 
     subsection (d)(1)--
       ``(A) to assess energy usage across the eligible entity, 
     including energy used in--
       ``(i) public and private buildings and facilities;
       ``(ii) commercial and industrial applications; and
       ``(iii) transportation; and
       ``(B) to formulate energy improvement plans that describe 
     specific energy efficiency measures to be adopted and 
     specific renewable energy systems to be installed, including 
     identification of funding sources and implementation 
     processes.
       ``(2) Implementation project grants.--An eligible entity 
     may use an implementation grant provided under subsection 
     (d)(2) to implement energy efficiency measures, or install 
     renewable energy systems, in support of energy improvement 
     plans.
       ``(f) Federal Share.--The Federal cost of carrying out a 
     project under this section shall not exceed 50 percent of 
     total project costs.
       ``(g) Administration.--The Secretary shall establish 
     criteria for program participation and evaluation of 
     proposals for projects to be carried out under this section, 
     including criteria based on--
       ``(1) energy savings; and
       ``(2) reductions in oil consumption.
       ``(h) Technical Assistance.--
       ``(1) In general.--To assist eligible entities in carrying 
     out projects under this section, the Secretary may--
       ``(A) provide training and technical assistance and support 
     to entities that receive grants under this section; and
       ``(B) support regional conferences to enable entities to 
     share information on energy assessment, planning, and 
     implementation activities.
       ``(2) Evaluation program.--In carrying out this section, 
     the Secretary shall develop and support use of an evaluation 
     program that measures and evaluates the energy and economic 
     impacts of projects carried out under this section.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $10,000,000 for fiscal year 2014; and
       ``(2) $20,000,000 for each of fiscal years 2015 through 
     2018.''.

     SEC. 4___. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) $200,000,000 for fiscal year 2013;
       ``(5) $190,000,000 for fiscal year 2014;
       ``(6) $130,000,000 for fiscal year 2015; and
       ``(7) $80,000,000 for each of fiscal years 2016 through 
     2018.''.
                                 ______
                                 
  SA 1952. Mr. WARNER (for himself, Mr. Manchin, Mr. Tester, and Mr. 
Schatz) submitted an amendment intended to be proposed by him to the 
bill S. 1392, to promote energy savings in residential buildings and 
industry, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

          Subtitle B--State Energy Race to the Top Initiative

     SEC. 411. SHORT TITLE.

       This subtitle may be cited as the ``State Energy Race to 
     the Top Initiative Act of 2013''.

     SEC. 412. PURPOSE.

       The purpose of this subtitle is to assist energy policy 
     innovation in the States to promote the goal of doubling 
     electric and thermal energy productivity by January 1, 2030.

     SEC. 413. DEFINITIONS.

       In this subtitle:
       (1) Energy productivity.--The term ``energy productivity'' 
     means, in the case of a State or Indian tribe, the gross 
     State or tribal product per British thermal unit of energy 
     consumed in the State or tribal land of the Indian tribe, 
     respectively.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) State.--The term ``State'' has the meaning given the 
     term in section 3 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6202).

     SEC. 414. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall issue an 
     invitation to States to submit plans to participate in an 
     electric and thermal energy productivity challenge in 
     accordance with this section.
       (b) Grants.--
       (1) In general.--Subject to section 417, the Secretary 
     shall use funds made available under section 418(b)(1) to 
     provide an initial allocation of grants to not more than 25 
     States.
       (2) Amount.--The amount of a grant provided to a State 
     under this section shall be not less than $500,000 nor more 
     than $1,750,000.
       (c) Submission of Plans.--To receive a grant under this 
     section, not later than 90 days after the date of issuance of 
     the invitation under subsection (a), a State (in consultation 
     with energy utilities, regulatory bodies, and others) shall 
     submit to the Secretary an application to receive the grant 
     by submitting a revised State energy conservation plan under 
     section 362 of the Energy Policy and Conservation Act (42 
     U.S.C. 6322).
       (d) Decision by Secretary.--
       (1) Basis.--The Secretary shall base the decision of the 
     Secretary on an application submitted under this section on--
       (A) plans for improvement in electric and thermal energy 
     productivity consistent with this subtitle; and
       (B) other factors determined appropriate by the Secretary, 
     including geographic diversity.
       (2) Ranking.--The Secretary shall--
       (A) rank revised plans submitted under this section in 
     order of the greatest to least likely contribution to 
     improving energy productivity in the State; and
       (B) provide grants under this section in accordance with 
     the ranking and the scale and scope of a plan.
       (e) Plan Requirements.--A plan submitted under subsection 
     (c) shall provide--
       (1) a description of the manner in which--
       (A) energy savings will be monitored and verified and 
     energy productivity improvements will be calculated using 
     inflation-adjusted dollars;
       (B) a statewide baseline of energy use and potential 
     resources for calendar year 2010 will be established to 
     measure improvements;
       (C) the plan will promote achievement of energy savings and 
     demand reduction goals;
       (D) public and private sector investments in energy 
     efficiency will be leveraged with available Federal funding; 
     and
       (E) the plan will not cause cost-shifting among utility 
     customer classes or negatively impact low-income populations; 
     and
       (2) an assurance that--
       (A) the State energy office required to submit the plan, 
     the energy utilities in the State participating in the plan, 
     and the State public service commission are cooperating and 
     coordinating programs and activities under this subtitle;
       (B) the State is cooperating with local units of 
     government, Indian tribes, and energy utilities to expand 
     programs as appropriate; and
       (C) grants provided under this subtitle will be used to 
     supplement and not supplant Federal, State, or ratepayer-
     funded programs or activities in existence on the date of 
     enactment of this subtitle.
       (f) Uses.--A State may use grants provided under this 
     section to promote--
       (1) the expansion of policies and programs that will 
     advance industrial energy efficiency, waste heat recovery, 
     combined heat and power, and waste heat-to-power utilization;
       (2) the expansion of policies and programs that will 
     advance energy efficiency construction and retrofits for 
     public and private commercial buildings (including schools, 
     hospitals, and residential buildings, including multifamily 
     buildings) such as through expanded energy service 
     performance contracts, equivalent utility energy service 
     contracts, zero net-energy buildings, and improved building 
     energy efficiency codes;
       (3) the establishment or expansion of incentives in the 
     electric utility sector to enhance demand response and energy 
     efficiency, including consideration of additional incentives 
     to promote the purposes of section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), 
     such as appropriate, cost-effective policies regarding rate 
     structures, grid improvements, behavior change, combined heat 
     and power and waste heat-to-power incentives, financing of 
     energy efficiency programs, data use incentives, district 
     heating, and regular energy audits; and
       (4) leadership by example, in which State activities 
     involving both facilities and vehicle fleets can be a model 
     for other action to promote energy efficiency and can be 
     expanded with Federal grants provided under this subtitle.

[[Page S6543]]

     SEC. 415. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.

       (a) Reports.--Not later than 18 months after the receipt of 
     grants under section 414, each State (in consultation with 
     other parties described in subsection (b)(3)(F) that received 
     grants under section 414 may submit to the Secretary a report 
     that describes--
       (1) the performance of the programs and activities carried 
     out with the grants; and
       (2) in consultation with other parties described in 
     subsection (b)(3)(F), the manner in which additional funds 
     would be used to carry out programs and activities to promote 
     the purposes of this subtitle.
       (b) Grants.--
       (1) In general.--Not later than 180 days after the date of 
     the receipt of the reports required under subsection (a), 
     subject to section 417, the Secretary shall use amounts made 
     available under section 418(b)(2) to provide grants to not 
     more than 6 States to carry out the programs and activities 
     described in subsection (a)(2).
       (2) Amount.--The amount of a grant provided to a State 
     under this section shall be not more than $15,000,000.
       (3) Basis.--The Secretary shall base the decision of the 
     Secretary to provide grants under this section on--
       (A) the performance of the State in the programs and 
     activities carried out with grants provided under section 
     414;
       (B) the potential of the programs and activities described 
     in subsection (a)(2) to achieve the purposes of this 
     subtitle;
       (C) the desirability of maintaining a total project 
     portfolio that is geographically and functionally diverse;
       (D) the amount of non-Federal funds that are leveraged as a 
     result of the grants to ensure that Federal dollars are 
     leveraged effectively;
       (E) plans for continuation of the improvements after the 
     receipt of grants under this subtitle; and
       (F) demonstrated effort by the State to involve diverse 
     groups, including--
       (i) investor-owned, cooperative, and public power 
     utilities;
       (ii) local governments; and
       (iii) nonprofit organizations.

     SEC. 416. ALLOCATION OF GRANTS TO INDIAN TRIBES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall invite Indian 
     tribes to submit plans to participate in an electric and 
     thermal energy productivity challenge in accordance with this 
     section.
       (b) Submission of Plans.--To receive a grant under this 
     section, not later than 90 days after the date of issuance of 
     the invitation under subsection (a), an Indian tribe shall 
     submit to the Secretary a plan to increase electric and 
     thermal energy productivity by the Indian tribe.
       (c) Decision by Secretary.--
       (1) In general.--Not later than 90 days after the 
     submission of plans under subsection (b), the Secretary shall 
     make a final decision on the allocation of grants under this 
     section.
       (2) Basis.--The Secretary shall base the decision of the 
     Secretary under paragraph (1) on--
       (A) plans for improvement in electric and thermal energy 
     productivity consistent with this subtitle;
       (B) plans for continuation of the improvements after the 
     receipt of grants under this subtitle; and
       (C) other factors determined appropriate by the Secretary, 
     including--
       (i) geographic diversity; and
       (ii) size differences among Indian tribes.
       (3) Limitation.--An individual Indian tribe shall not 
     receive more than 20 percent of the total amount available to 
     carry out this section.

     SEC. 417. ADMINISTRATION.

       (a) Independent Evaluation.--To evaluate program 
     performance and effectiveness under this subtitle, the 
     Secretary shall consult with the National Research Council 
     regarding requirements for data and evaluation for recipients 
     of grants under this subtitle.
       (b) Coordination With State Energy Conservation Programs.--
       (1) In general.--Grants to States under this subtitle shall 
     be provided through additional funding to carry out State 
     energy conservation programs under part D of title III of the 
     Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (2) Relationship to state energy conservation programs.--
       (A) In general.--A grant provided to a State under this 
     subtitle shall be used to supplement (and not supplant) funds 
     provided to the State under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (B) Minimum funding.--A grant shall not be provided to a 
     State for a fiscal year under this subtitle if the amount of 
     funding provided to all State grantees under the base formula 
     for the fiscal year under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.) is less 
     than $50,000,000.
       (c) Voluntary Participation.--The participation of a State 
     in a challenge established under this subtitle shall be 
     voluntary.

     SEC. 418. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $100,000,000 for the period of fiscal 
     years 2014 through 2017.
       (b) Allocation.--Of the total amount of funds made 
     available under subsection (a)--
       (1) 30 percent shall be used to provide an initial 
     allocation of grants to States under section 414;
       (2) 61 percent shall be used to provide a subsequent 
     allocation of grants to States under section 415;
       (3) 4 percent shall be used to make grants to Indian tribes 
     under section 416; and
       (4) 5 percent shall be available to the Secretary for the 
     cost of administration and technical support to carry out 
     this subtitle.

     SEC. 419. 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 (5) and (6) and inserting the 
     following:
       ``(5) $175,000,000 for fiscal year 2014;
       ``(6) $125,000,000 for fiscal year 2015;
       ``(7) $75,000,000 for each of fiscal years 2016 and 2017; 
     and
       ``(8) $100,000,000 for fiscal year 2018.''.

                          ____________________