[Congressional Record Volume 161, Number 11 (Thursday, January 22, 2015)]
[Senate]
[Pages S428-S444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 99. Mr. MANCHIN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       After section 2, insert the following:

     SEC. ___. SENSE OF CONGRESS REGARDING CLIMATE CHANGE.

       It is the sense of Congress that Congress is in agreement 
     with the opinion of virtually

[[Page S429]]

     the entire worldwide scientific community and a growing 
     number of top national security experts, economists, and 
     others that--
       (1) climate change is real;
       (2) climate change is caused by human activities;
       (3) climate change has already caused devastating problems 
     in the United States and around the world;
       (4) the Energy Information Administration projects that 
     fossil fuels will continue to produce 68 percent of the 
     electricity in the United States through 2040; and
       (5) it is imperative that the United States invest in 
     research and development for clean fossil fuel technology.
                                 ______
                                 
  SA 100. Mr. BOOZMAN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

        TITLE II--PRIVATE PROPERTY RIGHTS PROTECTION ACT OF 2015

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Private Property Rights 
     Protection Act of 2015''.

     SEC. 202. DEFINITIONS.

       In this title the following definitions apply:
       (1) Economic development.--
       (A) In general.--The term ``economic development''--
       (i) means taking private property, without the consent of 
     the owner, and conveying or leasing such property from one 
     private person or entity to another private person or entity 
     for commercial enterprise carried on for profit, or to 
     increase tax revenue, tax base, employment, or general 
     economic health; and
       (ii) does not include--

       (I) conveying private property--

       (aa) to public ownership, such as for a road, hospital, 
     airport, or military base;
       (bb) to an entity, such as a common carrier, that makes the 
     property available to the general public as of right, such as 
     a railroad or public facility;
       (cc) for use as a road or other right of way or means, open 
     to the public for transportation, whether free or by toll; or
       (dd) for use as an aqueduct, flood control facility, 
     pipeline, or similar use;

       (II) removing blighted property;
       (III) leasing property to a private person or entity that 
     occupies an incidental part of public property or a public 
     facility, such as a retail establishment on the ground floor 
     of a public building;
       (IV) acquiring abandoned property;
       (V) clearing defective chains of title;
       (VI) taking private property for use by a utility, 
     including a utility providing electric, natural gas, 
     telecommunications, water and wastewater services, either 
     directly to the public or indirectly through provision of 
     such services at the wholesale level for resale to the 
     public; or
       (VII) redeveloping of a brownfield site, as defined in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

       (B) Blighted property.--In subparagraph (A)(ii)(II), the 
     term ``blighted property'' means a structure--
       (i) that was inspected by the appropriate local government 
     and cited for one or more enforceable housing, maintenance, 
     or building code violations that--

       (I) affect the safety of the occupants or the public; and
       (II) involve one or more of the following:

       (aa) a roof or roof framing element;
       (bb) support walls, beams, or headers;
       (cc) foundation, footings, or subgrade conditions;
       (dd) light or ventilation;
       (ee) fire protection, including egress;
       (ff) internal utilities, including electricity, gas, and 
     water;
       (gg) flooring or flooring elements; or
       (hh) walls, insulation, or exterior envelope;
       (ii) in which the cited housing, maintenance, or building 
     code violations have not been remedied within a reasonable 
     time after 2 notices to cure the noncompliance; and
       (iii) that the satisfaction of those enforceable, cited and 
     uncured housing, maintenance, and building code violations 
     cost more than 50 percent of the assessor's taxable market 
     value for the building, excluding land value, for property 
     taxes payable in the year in which the condemnation is 
     commenced.
       (C) Abandoned property.--In subparagraph (A)(ii)(IV), the 
     term ``abandoned property'' means property--
       (i) that has been substantially unoccupied or unused for 
     any commercial or residential purpose for at least 1 year by 
     a person with a legal or equitable right to occupy the 
     property;
       (ii) that has not been maintained; and
       (iii) for which property taxes have not been paid for at 
     least 2 years.
       (2) Federal economic development funds.--The term ``Federal 
     economic development funds'' means any Federal funds 
     distributed to or through States or political subdivisions of 
     States under Federal laws designed to improve or increase the 
     size of the economies of States or political subdivisions of 
     States.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any other territory or possession of the United 
     States.

     SEC. 203. PROHIBITION ON EMINENT DOMAIN ABUSE BY FOREIGN 
                   CORPORATIONS.

       (a) In General.--No State or political subdivision of a 
     State shall delegate its power of eminent domain to a foreign 
     corporation over property--
       (1) that is--
       (A) to be used for economic development; or
       (B) used for economic development within 7 years after that 
     exercise; and
       (2) if that State or political subdivision receives Federal 
     economic development funds during any fiscal year in which 
     the property is so used or intended to be used.
       (b) Ineligibility for Federal Funds.--
       (1) In general.--Except as provided in subsection (c), a 
     violation of subsection (a) by a State or political 
     subdivision of a State shall render such State or political 
     subdivision ineligible for any Federal economic development 
     funds for a period of 2 fiscal years following a final 
     judgment on the merits by a court of competent jurisdiction 
     that such subsection has been violated.
       (2) Agency requirements.--An agency charged with 
     distributing Federal economic development funds to a State or 
     political subdivision of a State that violates subsection (a) 
     shall withhold such funds for such 2-year period and any such 
     funds distributed to such State or political subdivision 
     shall be returned or reimbursed by such State or political 
     subdivision to the appropriate agency or authority of the 
     Federal Government, or component thereof.
       (c) Opportunity to Cure Violation.--A State or political 
     subdivision shall not be ineligible for Federal economic 
     development funds under subsection (b) if such State or 
     political subdivision--
       (1) returns all real property the taking of which was found 
     by a court of competent jurisdiction to have constituted a 
     violation of subsection (a);
       (2) replaces any other property destroyed and repairs any 
     other property damaged as a result of such violation; and
       (3) pays applicable penalties and interest.

     SEC. 204. PROHIBITION ON EMINENT DOMAIN ABUSE BY STATES.

       No State or political subdivision of a State shall exercise 
     its power of eminent domain, or allow the exercise of such 
     power by any person or entity to which such power has been 
     delegated, over property--
       (1) that is--
       (A) to be used for economic development; or
       (B) used for economic development within 7 years after that 
     exercise; and
       (2) if that State or political subdivision receives Federal 
     economic development funds during any fiscal year in which 
     the property is so used or intended to be used.

     SEC. 205. PROHIBITION ON EMINENT DOMAIN ABUSE BY THE FEDERAL 
                   GOVERNMENT.

       The Federal Government, including any authority of the 
     Federal Government, shall not exercise its power of eminent 
     domain over property that is to be used for economic 
     development.

     SEC. 206. RELIGIOUS AND NONPROFIT ORGANIZATIONS.

       (a) Prohibition on States.--No State or political 
     subdivision of a State shall exercise its power of eminent 
     domain, or allow the exercise of such power by any person or 
     entity to which such power has been delegated, over property 
     of a religious or other nonprofit organization by reason of 
     the nonprofit or tax-exempt status of such organization, or 
     any quality related thereto, if that State or political 
     subdivision receives Federal economic development funds 
     during any fiscal year in which it does so.
       (b) Ineligibility for Federal Funds.--
       (1) In general.--A violation of subsection (a) by a State 
     or political subdivision of a State shall render such State 
     or political subdivision ineligible for any Federal economic 
     development funds for a period of 2 fiscal years following a 
     final judgment on the merits by a court of competent 
     jurisdiction that such subsection has been violated.
       (2) Agency requirements.--An agency charged with 
     distributing Federal economic development funds to a State or 
     political subdivision of a State that violates subsection (a) 
     shall withhold such funds for such 2-year period and any such 
     funds distributed to such State or political subdivision 
     shall be returned or reimbursed by such State or political 
     subdivision to the appropriate agency or authority of the 
     Federal Government, or component thereof.
       (c) Prohibition on Federal Government.--The Federal 
     Government or any authority of the Federal Government shall 
     not exercise its power of eminent domain over property of a 
     religious or other nonprofit organization by reason of the 
     nonprofit or tax-exempt status of such organization, or any 
     quality related thereto.

     SEC. 207. PRIVATE RIGHT OF ACTION.

       (a) Cause of Action.--
       (1) In general.--An owner of private property whose 
     property is subject to eminent domain who suffers injury as a 
     result of a violation of any provision of this title with 
     respect to that property, or tenant of property that is 
     subject to eminent domain who

[[Page S430]]

     suffers injury as a result of a violation of any provision of 
     this title with respect to that property, may bring a civil 
     action to enforce any provision of this title in the 
     appropriate Federal or State court, which may include seeking 
     appropriate relief through a preliminary injunction or a 
     temporary restraining order.
       (2) No immunity.--A State shall not be immune under the 
     11th Amendment to the Constitution of the United States from 
     a civil action brought under paragraph (1) in a Federal or 
     State court of competent jurisdiction.
       (3) Burden of proof.--In a civil action brought under 
     paragraph (1), the defendant has the burden to show by clear 
     and convincing evidence that the taking is not for economic 
     development.
       (b) Limitation on Bringing Action.--A civil action brought 
     by a property owner or tenant under this section may be 
     brought if the property is used for economic development 
     following the conclusion of any condemnation proceedings 
     condemning the property of such property owner or tenant, but 
     shall not be brought later than 7 years following the 
     conclusion of any such proceedings.
       (c) Attorneys' Fee and Other Costs.--In any action or 
     proceeding under this section, the court shall award a 
     prevailing plaintiff costs, including reasonable attorneys' 
     fees and expert fees.

     SEC. 208. REPORTING OF VIOLATIONS TO ATTORNEY GENERAL.

       (a) Submission of Report to Attorney General.--An owner of 
     private property whose property is subject to eminent domain 
     who suffers injury as a result of a violation of any 
     provision of this title with respect to that property, or 
     tenant of property that is subject to eminent domain who 
     suffers injury as a result of a violation of any provision of 
     this title with respect to that property, may report the 
     violation to the Attorney General.
       (b) Investigation by Attorney General.--Upon receiving a 
     report of an alleged violation of a provision of this title, 
     the Attorney General shall conduct an investigation to 
     determine whether a violation exists.
       (c) Notification of Violation.--If the Attorney General 
     concludes that a violation of this title does exist, the 
     Attorney General shall notify the applicable authority of the 
     Federal Government, State, or political subdivision of a 
     State that--
       (1) the Attorney General has determined there is a 
     violation of this title;
       (2) the authority of the Federal Government, State, or 
     political subdivision of a State has 90 days from the date of 
     the notification to demonstrate to the Attorney General 
     that--
       (A) it is not in violation of this title; or
       (B) it has cured the violation by returning all real 
     property the taking of which the Attorney General finds to 
     have constituted a violation of this title and replacing any 
     other property destroyed and repairing any other property 
     damaged as a result of such violation.
       (d) Attorney General's Bringing of Action to Enforce Act.--
       (1) In general.--If, at the end of the 90-day period 
     described in subsection (c), the Attorney General determines 
     that the applicable authority of the Federal Government, 
     State, or political subdivision of a State is still in 
     violation of this title or has not cured its violation as 
     described in subsection (c)(2)(B), the Attorney General shall 
     bring a civil action in an appropriate Federal or State court 
     to enforce this title, which may include seeking appropriate 
     relief through a preliminary injunction or a temporary 
     restraining order, unless the property owner or tenant who 
     reported the violation has already brought a civil action to 
     enforce this title.
       (2) Intervention.--If a property owner or tenant has 
     brought a civil action as described in paragraph (1), the 
     Attorney General shall seek to intervene if the Attorney 
     General determines that intervention is necessary in order to 
     enforce this title.
       (3) No immunity.--A State shall not be immune under the 
     11th Amendment to the Constitution of the United States from 
     a civil action brought under paragraph (1) in a Federal or 
     State court of competent jurisdiction.
       (4) Burden of proof.--In a civil action brought under 
     paragraph (1), the defendant has the burden to show by clear 
     and convincing evidence that the taking is not for economic 
     development.
       (e) Limitation on Bringing Action.--An action brought by 
     the Attorney General under this section may be brought if the 
     property is used for economic development following the 
     conclusion of any condemnation proceedings condemning the 
     property of an owner or tenant who reports a violation of 
     this title to the Attorney General, but shall not be brought 
     later than 7 years following the conclusion of any such 
     proceedings.
       (f) Attorneys' Fee and Other Costs.--In any action or 
     proceeding under this section, if the Attorney General is a 
     prevailing plaintiff, the court shall award the Attorney 
     General costs, including reasonable attorneys' fees and 
     expert fees.

     SEC. 209. NOTIFICATION BY ATTORNEY GENERAL.

       (a) Notification to States and Political Subdivisions.--
       (1) Statute.--Not later than 30 days after the date of 
     enactment of this Act, the Attorney General shall provide to 
     the chief executive officer of each State the text of this 
     title and a description of the rights of property owners and 
     tenants under this title.
       (2) Economic development funds.--
       (A) In general.--Not later than 120 days after the date of 
     enactment of this Act, and every year thereafter, the 
     Attorney General shall compile a list of the Federal laws 
     under which Federal economic development funds are 
     distributed.
       (B) Notification.--The Attorney General shall--
       (i) provide each list compiled under subparagraph (A) to--

       (I) the chief executive officer of each State; and
       (II) the authorities in each State and political 
     subdivisions of each State empowered to take private property 
     and convert it to public use subject to just compensation for 
     the taking; and

       (ii) make each such list available on the Internet website 
     maintained by the Department of Justice for use by the 
     public.
       (b) Notification to Property Owners and Tenants.--Not later 
     than 30 days after the date of enactment of this Act, the 
     Attorney General shall publish in the Federal Register and 
     make available on the Internet website maintained by the 
     Department of Justice a notice containing the text of this 
     title and a description of the rights of property owners and 
     tenants under this title.

     SEC. 210. REPORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the 
     Attorney General shall submit to the Chairman and Ranking 
     Member of the Committee on the Judiciary of the Senate and 
     the Chairman and Ranking Member of the Committee on the 
     Judiciary of the House of Representatives a report 
     identifying States and political subdivisions of States that 
     have used eminent domain in violation of this title, which 
     shall--
       (1) identify each private civil action brought as a result 
     of a State's or political subdivision's violation of this 
     title;
       (2) identify all violations reported by property owners and 
     tenants under section 208(a);
       (3) identify the percentage of minority residents compared 
     to the surrounding nonminority residents and the median 
     incomes of those impacted by a violation of this title;
       (4) identify each civil action brought by the Attorney 
     General under section 208(d);
       (5) identify all States or political subdivisions that have 
     lost Federal economic development funds as a result of a 
     violation of this title, and describe the type and amount of 
     Federal economic development funds lost in each State or 
     political subdivision and the agency that is responsible for 
     withholding such funds; and
       (6) discuss all instances in which a State or political 
     subdivision has cured a violation as described in section 
     203(c) or section 208(c)(2)(B).
       (b) Duty of States.--Each State or political subdivision of 
     a State that is a defendant in a private civil action brought 
     under this title shall have the duty to report to the 
     Attorney General such information with respect to such State 
     and local authorities as the Attorney General needs to make 
     the report required under subsection (a).
       (c) Report by Federal Agencies on Regulations and 
     Procedures Relating to Eminent Domain.--Not later than 180 
     days after the date of enactment of this Act, the head of 
     each agency shall review all rules, regulations, and 
     procedures of the agency and submit to the Attorney General a 
     report on the activities of that agency to bring its rules, 
     regulations, and procedures into compliance with this title.

     SEC. 211. SENSE OF CONGRESS REGARDING RURAL AMERICA.

       (a) Findings.--Congress finds the following:
       (1) The founders realized the fundamental importance of 
     property rights when they codified the Takings Clause of the 
     Fifth Amendment to the Constitution of the United States, 
     which requires that private property shall not be taken ``for 
     public use, without just compensation''.
       (2) Rural lands are unique in that they are not 
     traditionally considered high tax revenue-generating 
     properties for State and local governments. In addition, 
     farmland and forest land owners need to have long-term 
     certainty regarding their property rights in order to make 
     the investment decisions to commit land to these uses.
       (3) Ownership rights in rural land are fundamental building 
     blocks for our Nation's agriculture industry, which continues 
     to be one of the most important economic sectors of our 
     economy.
       (4) In the wake of the Supreme Court's decision in Kelo v. 
     City of New London, abuse of eminent domain is a threat to 
     the property rights of all private property owners, including 
     rural land owners.
       (b) Sense of Congress.--It is the sense of Congress that:
       (1) The use of eminent domain for the purpose of economic 
     development is a threat to agricultural and other property in 
     rural America and that Congress should protect the property 
     rights of the people of the United States, including those 
     who reside in rural areas.
       (2) Property rights are central to liberty in this country 
     and to its economy.
       (3) The use of eminent domain to take farmland and other 
     rural property for economic development threatens liberty, 
     rural economies, and the economy of the United States.

[[Page S431]]

       (4) The taking of farmland and rural property will have a 
     direct impact on existing irrigation and reclamation 
     projects.
       (5) The use of eminent domain to take rural private 
     property for private commercial uses will force increasing 
     numbers of activities from private property onto this 
     Nation's public lands, including its National forests, 
     National parks, and wildlife refuges, which can overburden 
     the infrastructure of these lands, reducing the enjoyment of 
     such lands by the people of the United States.
       (6) The people of the United States should not have to fear 
     the taking their homes, farms, or businesses by the 
     government to give to other persons.
       (7) Governments should not abuse the power of eminent 
     domain to force rural property owners from their land in 
     order to develop rural land into industrial and commercial 
     property.
       (8) Congress has a duty to protect the property rights of 
     rural Americans in the face of eminent domain abuse.

     SEC. 212. SENSE OF CONGRESS.

       It is the policy of the United States to encourage, 
     support, and promote the private ownership of property and to 
     ensure that the constitutional and other legal rights of 
     private property owners are protected by the Federal 
     Government.

     SEC. 213. BROAD CONSTRUCTION.

       This title shall be construed in favor of a broad 
     protection of private property rights, to the maximum extent 
     permitted by the terms of this title and the Constitution.

     SEC. 214. LIMITATION ON STATUTORY CONSTRUCTION.

       Nothing in this title may be construed to supersede, limit, 
     or otherwise affect any provision of the Uniform Relocation 
     Assistance and Real Property Acquisition Policies Act of 1970 
     (42 U.S.C. 4601 et seq.).

     SEC. 215. SENSE OF CONGRESS.

       It is the sense of Congress that any and all precautions 
     shall be taken by the Federal Government, States, and 
     political subdivisions of States to avoid the unfair or 
     unreasonable taking of property away from survivors of 
     Hurricane Katrina who own, were bequeathed, or assigned such 
     property, for economic development purposes or for the 
     private use of others.

     SEC. 216. DISPROPORTIONATE IMPACT ON MINORITIES.

       If a court determines that a violation of this title has 
     occurred, and that the violation has a disproportionately 
     high impact on the poor or minorities, the Attorney General 
     shall use reasonable efforts to locate and inform former 
     owners and tenants of the violation and any remedies they may 
     have.

     SEC. 217. SEVERABILITY AND EFFECTIVE DATE.

       (a) Severability.--If any provision of this title, or the 
     application of such provision to any person or circumstance, 
     is held to be invalid, the remainder of this title, or the 
     application of such provision to other persons or 
     circumstances, shall not be affected.
       (b) Effective Date.--This title--
       (1) shall take effect upon the first day of the first 
     fiscal year that begins after the date of enactment of this 
     Act; and
       (2) shall not apply to any project for which condemnation 
     proceedings have been initiated before the date of enactment 
     of this Act.
                                 ______
                                 
  SA 101. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME 
                   PERSONS.

       Section 415 of the Energy Conservation and Production Act 
     (42 U.S.C. 6865) is amended by adding at the end the 
     following:
       ``(f) Administration.--
       ``(1) In general.--A State shall use up to 8 percent of any 
     grant made by the Secretary under this part to track 
     applicants for and recipients of weatherization assistance 
     under this part to determine the impact of the assistance and 
     eliminate or reduce reliance on the low-income home energy 
     assistance program established under the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), over 
     a period of not more than 3 years.
       ``(2) Use of savings.--Notwithstanding any other provision 
     of law, of any savings obtained by the Secretary of Health 
     and Human Services due to eliminated or reduced reliance on 
     the low-income home energy assistance program established 
     under the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8621 et seq.) as a result of the weatherization 
     assistance provided under this part, as determined under 
     paragraph (1)--
       ``(A) 50 percent shall be transferred to the Secretary to 
     provide assistance to States under this part; and
       ``(B) 50 percent shall be deposited into the general fund 
     of the Treasury for purposes of reducing the annual Federal 
     budget deficit.
       ``(3) Annual state plans.--A State may submit to the 
     Secretary for approval within 90 days an annual plan for the 
     administration of assistance under this part in the State 
     that includes, at the option of the State--
       ``(A) local income eligibility standards for the assistance 
     that are not based on the formula that are used to allocate 
     assistance under this part; and
       ``(B) the establishment of revolving loan funds for 
     multifamily affordable housing units.''.
                                 ______
                                 
  SA 102. Mr. TILLIS (for himself and Mr. Burr) submitted an amendment 
intended to be proposed by him to the bill S. 1, to approve the 
Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       At the appropriate place. insert the following:

      TITLE ___--ATLANTIC OCS ACCESS AND REVENUE SHARE ACT OF 2015

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Atlantic OCS Access and 
     Revenue Share Act of 2015''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Mid-Atlantic producing state.--The term ``Mid-Atlantic 
     Producing State'' means each of the States of--
       (A) Delaware;
       (B) Maryland;
       (C) North Carolina; and
       (D) Virginia.
       (2) Mid-Atlantic planning area.--The term ``Mid-Atlantic 
     Planning Area'' means the Mid-Atlantic Planning Area of the 
     outer Continental Shelf designated in the document entitled 
     ``Final Outer Continental Shelf Oil and Gas Leasing Program 
     2012-17'' and dated June 2012.
       (3) Qualified outer continental shelf revenues.--
       (A) In general.--The term ``qualified outer Continental 
     Shelf revenues'' means all rentals, royalties, bonus bids, 
     and other sums due and payable to the United States from 
     leases entered into on or after the date of enactment of this 
     Act.
       (B) Exclusions.--The term ``qualified outer Continental 
     Shelf revenues'' does not include--
       (i) revenues from the forfeiture of a bond or other surety 
     securing obligations other than royalties, civil penalties, 
     or royalties taken by the Secretary in-kind and not sold; or
       (ii) revenues generated from leases subject to section 8(g) 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) South atlantic producing state.--The term ``South 
     Atlantic Producing State'' means each of the States of--
       (A) Florida;
       (B) Georgia; and
       (C) South Carolina.
       (6) South atlantic planning area.--The term ``South 
     Atlantic Planning Area'' means the South Atlantic Planning 
     Area of the outer Continental Shelf designated in the 
     document entitled ``Final Outer Continental Shelf Oil and Gas 
     Leasing Program 2012-17'' and dated June 2012.

     SEC. _03. OFFSHORE OIL AND GAS LEASING IN MID-ATLANTIC AND 
                   SOUTH ATLANTIC PLANNING AREAS.

       (a) In General.--The Secretary shall--
       (1) not later than July 15, 2016, publish and submit to 
     Congress a new proposed oil and gas leasing program prepared 
     under section 18 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1344) for the 5-year period beginning on July 15, 2017 
     and ending July 15, 2022; and
       (2) not later than July 15, 2017, approve a final oil and 
     gas leasing program under that section for that period.
       (b) Inclusion of Mid-Atlantic and South Atlantic Planning 
     Areas.--The Secretary shall include in the program described 
     in subsection (a) annual lease sales in both the Mid-Atlantic 
     Planning Area and the South Atlantic Planning Area.
       (e) Prohibition on Leasing Certain Areas.--
       (1) Petition.--Notwithstanding subsections (a) and (b), the 
     leasing of areas within the administrative boundaries of a 
     Mid-Atlantic Producing State or South Atlantic Producing 
     State that are 30 miles or less off the coast of the State 
     shall be prohibited.

     SEC. _04. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES FROM MID-ATLANTIC LEASING ACTIVITIES.

       (a) In General.--Notwithstanding section 9 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1338) and subject to 
     this section, for each applicable fiscal year, the Secretary 
     of the Treasury shall deposit--
       (1) 50 percent of qualified outer Continental Shelf 
     revenues generated from leasing activities in the Mid-
     Atlantic Planning Area in the general fund of the Treasury; 
     and
       (2) 50 percent of qualified outer Continental Shelf 
     revenues generated from leasing activities in the Mid-
     Atlantic Planning Area in a special account in the Treasury 
     from which the Secretary shall disburse--
       (A) 75 percent to Mid-Atlantic Producing States in 
     accordance with subsection (b); and
       (B) 25 percent to provide financial assistance to States in 
     accordance with section 200305 of title 54, United States 
     Code, which shall be considered income to the Land and Water 
     Conservation Fund for purposes of section 200302 of that 
     title.
       (b) Allocation Among Mid-Atlantic Producing States.--
       (1) In general.--Subject to paragraph (2), the amount made 
     available under subsection

[[Page S432]]

     (a)(2)(A) from any lease entered into within the Mid-Atlantic 
     Planning Area shall be allocated to each Mid-Atlantic 
     producing State in amounts (based on a formula established by 
     the Secretary by regulation) that are inversely proportional 
     to the respective distances between the point on the 
     coastline of each Mid-Atlantic producing State that is 
     closest to the geographic center of the applicable leased 
     tract and the geographic center of the leased tract.
       (2) Minimum allocation.--The amount allocated to a Mid-
     Atlantic Producing State each fiscal year under paragraph (1) 
     shall be at least 10 percent of the amounts available under 
     subsection (a)(2)(A).
       (c) Timing.--The amounts required to be deposited under 
     subsection (a)(2) for the applicable fiscal year shall be 
     made available in accordance with that paragraph during the 
     fiscal year immediately following the applicable fiscal year.
       (d) Administration.--Amounts made available under 
     subsection (a)(2) shall--
       (1) be made available, without further appropriation, in 
     accordance with this section;
       (2) remain available until expended; and
       (3) be in addition to any amounts appropriated under--
       (A) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
     et seq.);
       (B) chapter 2003 of title 54, United States Code; or
       (C) any other provision of law.
       (e) Distributed Qualified Outer Continental Shelf Revenues 
     Shall Be Net of Receipts.--For each of fiscal years 2017 
     through 2055, expenditures under subsection (a)(2) and shall 
     be net of receipts from that fiscal year from qualified outer 
     Continental shelf revenues from any area in the Mid-Atlantic 
     Planning Area.

     SEC. _05. DISPOSITION OF QUALIFIED OUTER CONTINENTAL SHELF 
                   REVENUES FROM SOUTH ATLANTIC LEASING 
                   ACTIVITIES.

       (a) In General.--Notwithstanding section 9 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1338) and subject to 
     this section, for each applicable fiscal year, the Secretary 
     of the Treasury shall deposit--
       (1) 50 percent of qualified outer Continental Shelf 
     revenues generated from leasing activities in the South 
     Atlantic Planning Area in the general fund of the Treasury; 
     and
       (2) 50 percent of qualified outer Continental Shelf 
     revenues generated from leasing activities in the South 
     Atlantic Planning Area in a special account in the Treasury 
     from which the Secretary shall disburse--
       (A) 75 percent to South Atlantic producing States in 
     accordance with subsection (b); and
       (B) 25 percent to provide financial assistance to States in 
     accordance with section 200305 of title 54, United States 
     Code, which shall be considered income to the Land and Water 
     Conservation Fund for purposes of section 200302 of that 
     title.
       (b) Allocation Among South Atlantic Producing States.--
       (1) In general.--Subject to paragraph (2), the amount made 
     available under subsection (a)(2)(A) from any lease entered 
     into within the South Atlantic Planning Area shall be 
     allocated to each South Atlantic producing State in amounts 
     (based on a formula established by the Secretary by 
     regulation) that are inversely proportional to the respective 
     distances between the point on the coastline of each South 
     Atlantic producing State that is closest to the geographic 
     center of the applicable leased tract and the geographic 
     center of the leased tract.
       (2) Minimum allocation.--The amount allocated to a South 
     Atlantic Producing State each fiscal year under paragraph (1) 
     shall be at least 10 percent of the amounts available under 
     subsection (a)(2)(A).
       (c) Timing.--The amounts required to be deposited under 
     paragraph subsection (a)(2) for the applicable fiscal year 
     shall be made available in accordance with that paragraph 
     during the fiscal year immediately following the applicable 
     fiscal year.
       (d) Administration.--Amounts made available under 
     subsection (a)(2) shall--
       (1) be made available, without further appropriation, in 
     accordance with this section;
       (2) remain available until expended; and
       (3) be in addition to any amounts appropriated under--
       (A) the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
     et seq.);
       (B) chapter 2003 of title 54, United States Code; or
       (C) any other provision of law.
       (e) Distributed Qualified Outer Continental Shelf Revenues 
     Shall Be Net of Receipts.--For each of fiscal years 2017 
     through 2055, expenditures under subsection (a)(2) and shall 
     be net of receipts from that fiscal year from qualified outer 
     Continental shelf revenues from any area in the South 
     Atlantic Planning Area.
                                 ______
                                 
  SA 103. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       On page 3, between lines 19 and 20, insert the following:

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

       (a) Definitions.--In this section:
       (1) Administrative expenses.--The term ``administrative 
     expenses'' has the meaning given the term by the Director of 
     the Office of Management and Budget under section 504(b)(2) 
     of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (31 U.S.C. 1105 note; Public Law 
     111-85), except that the term shall include, for purposes of 
     that section and this section, with respect to an agency--
       (A) costs incurred by the agency and costs incurred by 
     grantees, subgrantees, and other recipients of funds from a 
     grant program or other program administered by the agency; 
     and
       (B) expenses related to personnel salaries and benefits, 
     property management, travel, program management, promotion, 
     reviews and audits, case management, and communication about, 
     promotion of, and outreach for programs and program 
     activities administered by the agency.
       (2) Applicable programs.--The term ``applicable programs'' 
     means the programs listed in Table 9 (pages 348-350) of the 
     report of the Government Accountability Office entitled 
     ``2012 Annual Report: Opportunities to Reduce Duplication, 
     Overlap and Fragmentation, Achieve Savings, and Enhance 
     Revenue''.
       (3) Appropriate secretaries.--The term ``appropriate 
     Secretaries'' means--
       (A) the Secretary;
       (B) the Secretary of Agriculture;
       (C) the Secretary of Defense;
       (D) the Secretary of Education;
       (E) the Secretary of Health and Human Services;
       (F) the Secretary of Housing and Urban Development;
       (G) the Secretary of Transportation;
       (H) the Secretary of the Treasury;
       (I) the Administrator of the Environmental Protection 
     Agency;
       (J) the Director of the National Institute of Standards and 
     Technology; and
       (K) the Administrator of the Small Business Administration.
       (4) Services.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``services'' has the meaning given the term by the Director 
     of the Office of Management and Budget.
       (B) Requirements.--The term ``services'' shall be limited 
     to activities, assistance, and aid that provide a direct 
     benefit to a recipient, such as--
       (i) the provision of medical care;
       (ii) assistance for housing or tuition; or
       (iii) financial support (including grants and loans).
       (b) Report.--
       (1) In general.--Not later than October 1, 2015, the 
     appropriate Secretaries shall submit to Congress and post on 
     the public Internet websites of the agencies of the 
     appropriate Secretaries a report on the outcomes of the 
     applicable programs.
       (2) Requirements.--In reporting on the outcomes of each 
     applicable program, the appropriate Secretaries shall--
       (A) determine the total administrative expenses of the 
     applicable program;
       (B) determine the expenditures for services for the 
     applicable program;
       (C) estimate the number of clients served by the applicable 
     program and beneficiaries who received assistance under the 
     applicable program (if applicable);
       (D) estimate--
       (i) the number of full-time employees who administer the 
     applicable program; and
       (ii) the number of full-time equivalents (whose salary is 
     paid in part or full by the Federal Government through a 
     grant or contract, a subaward of a grant or contract, a 
     cooperative agreement, or another form of financial award or 
     assistance) who assist in administering the applicable 
     program;
       (E) describe the type of assistance the applicable program 
     provides, such as grants, technical assistance, loans, tax 
     credits, or tax deductions;
       (F) describe the type of recipient who benefits from the 
     assistance provided, such as individual property owners or 
     renters, local governments, businesses, nonprofit 
     organizations, or State governments; and
       (G) identify and report on whether written program goals 
     are available for the applicable program.
       (c) Program Recommendations.--Not later than January 1, 
     2016, the appropriate Secretaries shall jointly submit to 
     Congress a report that includes--
       (1) an analysis of whether any of the applicable programs 
     should be eliminated or consolidated, including any 
     legislative changes that would be necessary to eliminate or 
     consolidate the applicable programs; and
       (2) ways to improve the applicable programs by establishing 
     program goals or increasing collaboration so as to reduce the 
     overlap and duplication identified in--
       (A) the 2011 report of the Government Accountability Office 
     entitled ``Federal Initiatives for the NonFederal Sector 
     Could Benefit from More Interagency Collaboration''; and
       (B) the report of the Government Accountability Office 
     entitled ``2012 Annual Report: Opportunities to Reduce 
     Duplication, Overlap and Fragmentation, Achieve Savings, and 
     Enhance Revenue''.
       (d) Program Eliminations.--Not later than January 1, 2016, 
     the appropriate Secretaries shall--
       (1) identify--
       (A) which applicable programs are specifically required by 
     law; and

[[Page S433]]

       (B) which applicable programs are carried out under the 
     discretionary authority of the appropriate Secretaries;
       (2) eliminate those applicable programs that are not 
     required by law; and
       (3) transfer any remaining applicable projects and 
     nonduplicative functions into another green building program 
     within the same agency.
                                 ______
                                 
  SA 104. Mr. FLAKE (for himself and Mr. McCain) submitted an amendment 
intended to be proposed to amendment SA 2 proposed by Ms. Murkowski 
(for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, 
Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr. 
Alexander, and Mrs. Capito) to the bill S. 1, to approve the Keystone 
XL Pipeline; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GAO STUDY AND REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report on requests for proposals by 
     Federal agencies for rebranding, including requests for 
     proposals by Federal agencies to achieve strategic 
     organizational transformation, identity clarification, and 
     social purpose branding and branding management.
                                 ______
                                 
  SA 105. Mr. FLAKE (for himself, Mr. McCain, Mr. Toomey, and Mr. 
Alexander) submitted an amendment intended to be proposed by him to the 
bill S. 1, to approve the Keystone XL Pipeline; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. __. MODIFICATION OF EXTENSION OF WIND PRODUCTION TAX 
                   CREDIT.

       (a) In General.--Paragraph (1) of section 45(d) of the 
     Internal Revenue Code of 1986, as amended by the Tax Increase 
     Prevention Act of 2014, is amended by striking ``begins 
     before January 1, 2015'' and inserting ``begins before 
     January 1, 2014, or during the period beginning on December 
     19, 2014, and ending on December 31, 2014''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 155 of the Tax 
     Increase Prevention Act of 2014.
                                 ______
                                 
  SA 106. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INSTALLATION RENEWABLE ENERGY PROJECT DATABASE.

       (a) Limitation.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a searchable database to uniformly report 
     information regarding installation renewable energy projects 
     undertaken since 2010.
       (b) Elements.--The database established under subsection 
     (a) shall include, for each installation energy project--
       (1) the estimated project costs;
       (2) estimated power generation;
       (3) estimated total cost savings;
       (4) estimated payback period;
       (5) total project costs;
       (6) actual power generation;
       (7) actual cost savings to date;
       (8) current operational status; and
       (9) access to relevant business case documents, including 
     the economic viability assessment.
       (c) Non-disclosure of Certain Information.--
       (1) In general.--The Secretary of Defense may, on a case-
     by-case basis, withhold from inclusion in the database 
     established under subsection (a) information pertaining to 
     individual projects if the Secretary determines that the 
     disclosure of such information would jeopardize operational 
     security.
       (2) Required disclosure.--In the event the Secretary 
     withholds information related to one or more renewable energy 
     projects under paragraph (1), the Secretary shall include in 
     the database--
       (A) a statement that information has been withheld; and
       (B) an aggregate amount for each of paragraphs (1), (2), 
     (3), (5), (6), and (7) of subsection (b) that includes 
     amounts for all renewable energy projects described under 
     subsection (a), including those with respect to which 
     information has been withheld under paragraph (1) of this 
     subsection.
       (d) Updates.--The database established under subsection (a) 
     shall be updated not less than quarterly.
                                 ______
                                 
  SA 107. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
                   INCENTIVE PROGRAM.

       (a) In General.--
       (1) Repeal.--Section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013) is repealed.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect on the date that is 90 days after the date of 
     enactment of this Act.
       (b) Deficit Reduction.--Any amounts made available to carry 
     out section 136 of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17013) (as in effect before the amendment 
     made by subsection (a)) that are not obligated as of the date 
     of enactment of this Act are rescinded.
                                 ______
                                 
  SA 108. Mr. FLAKE submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL 
                   PRODUCTION.

       (a) Provision of Estimate of Volumes of Cellulosic 
     Biofuel.--Section 211(o)(3)(A) of the Clean Air Act (42 
     U.S.C. 7545(o)(3)(A)) is amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(i) In general.--Not later than''; and
       (2) by adding at the end the following:
       ``(ii) Estimation method.--

       ``(I) In general.--In determining any estimate under clause 
     (i), with respect to the following calendar year, of the 
     projected volume of cellulosic biofuel production (as 
     described in paragraph (7)(D)(i)), the Administrator of the 
     Energy Information Administration shall--

       ``(aa) for each cellulosic biofuel production facility that 
     is producing (and continues to produce) cellulosic biofuel 
     during the period of January 1 through October 31 of the 
     calendar year in which the estimate is made (in this clause 
     referred to as the `current calendar year')--
       ``(AA) determine the average monthly volume of cellulosic 
     biofuel produced by such facility, based on the actual volume 
     produced by such facility during such period; and
       ``(BB) based on such average monthly volume of production, 
     determine the estimated annualized volume of cellulosic 
     biofuel production for such facility for the current calendar 
     year; and
       ``(bb) for each cellulosic biofuel production facility that 
     begins initial production of (and continues to produce) 
     cellulosic biofuel after January 1 of the current calendar 
     year--
       ``(AA) determine the average monthly volume of cellulosic 
     biofuel produced by such facility, based on the actual volume 
     produced by such facility during the period beginning on the 
     date of initial production of cellulosic biofuel by the 
     facility and ending on October 31 of the current calendar 
     year; and
       ``(BB) based on such average monthly volume of production, 
     determine the estimated annualized volume of cellulosic 
     biofuel production for such facility for the current calendar 
     year.

       ``(II) Total production.--An estimate under clause (i) with 
     respect to the following calendar year of the projected 
     volume of cellulosic biofuel production (as described in 
     paragraph (7)(D)(i)), shall be equal to the total of the 
     estimated annual volumes of cellulosic biofuel production for 
     all cellulosic biofuel production facilities described in 
     subclause (I) for the current calendar year.''.

       (b) Reduction in Applicable Volume.--Section 
     211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 
     7545(o)(7)(D)(i)) is amended--
       (1) in the first sentence, by striking ``based on the'' and 
     inserting ``using the exact'';
       (2) in the second sentence--
       (A) by striking ``may'' and inserting ``shall''; and
       (B) by striking ``same or a lesser volume'' and inserting 
     ``same volume''.
                                 ______
                                 
  SA 109. Mr. KING (for himself and Ms. Collins) submitted an amendment 
intended to be proposed to amendment SA 2 proposed by Ms. Murkowski 
(for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, 
Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr. 
Alexander, and Mrs. Capito) to the bill S. 1, to approve the Keystone 
XL Pipeline; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 3. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR 
                   BIOMASS FUEL PROPERTY EXPENDITURES.

       (a) Allowance of Credit.--Subsection (a) of section 25D of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``and'' at the end of paragraph (4),
       (2) by striking the period at the end of paragraph (5) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(6) 30 percent of the qualified biomass fuel property 
     expenditures made by the taxpayer during such year.''.

[[Page S434]]

       (b) Qualified Biomass Fuel Property Expenditures.--
     Subsection (d) of section 25D of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     paragraph:
       ``(6) Qualified biomass fuel property expenditure.--
       ``(A) In general.--The term `qualified biomass fuel 
     property expenditure' means an expenditure for property--
       ``(i) which uses the burning of biomass fuel to heat a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, or to heat water for use in such a 
     dwelling unit, and
       ``(ii) which has a thermal efficiency rating of at least 75 
     percent (measured by the higher heating value of the fuel).
       ``(B) Biomass fuel.--For purposes of this section, the term 
     `biomass fuel' means any plant-derived fuel available on a 
     renewable or recurring basis, including agricultural crops 
     and trees, wood and wood waste and residues, plants 
     (including aquatic plants), grasses, residues, and fibers. 
     Such term includes densified biomass fuels such as wood 
     pellets.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures paid or incurred in taxable years 
     beginning after December 31, 2015.

     SEC. 4. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (vi), by inserting ``or'' at the 
     end of clause (vii), and by inserting after clause (vii) the 
     following new clause:
       ``(viii) open-loop biomass (within the meaning of section 
     45(c)(3)) heating property, including boilers or furnaces 
     which operate at thermal output efficiencies of not less than 
     65 percent (measured by the higher heating value of the fuel) 
     and which provide thermal energy in the form of heat, hot 
     water, or steam for space heating, air conditioning, domestic 
     hot water, or industrial process heat, but only with respect 
     to periods ending before January 1, 2017,''.
       (b) 30 Percent and 15 Percent Credits.--
       (1) In general.--Subparagraph (A) of section 48(a)(2) of 
     the Internal Revenue Code of 1986 is amended--
       (A) by redesignating clause (ii) as clause (iii),
       (B) by inserting after clause (i) the following new clause:
       ``(ii) except as provided in clause (i)(V), 15 percent in 
     the case of energy property described in paragraph 
     (3)(A)(viii), and'', and
       (C) by inserting ``or (ii)'' after ``clause (i)'' in clause 
     (iii), as so redesignated.
       (2) Increased credit for greater efficiency.--Clause (i) of 
     section 48(a)(2)(A) is amended by striking ``and'' at the end 
     of subclause (III) and by inserting after subclause (IV) the 
     following new subclause:

       ``(V) energy property described in paragraph (3)(A)(viii) 
     which operates at a thermal output efficiency of not less 
     than 80 percent (measured by the higher heating value of the 
     fuel),''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after December 31, 2015, in taxable 
     years ending after such date, under rules similar to the 
     rules of section 48(m) of the Internal Revenue Code of 1986 
     (as in effect on the day before the date of the enactment of 
     the Revenue Reconciliation Act of 1990).
                                 ______
                                 
  SA 110. Mr. CARPER (for himself, Ms. Collins, Mr. Booker, Mr. Cardin, 
Mr. Markey, Mr. King, Mrs. Gillibrand, Mr. Menendez, and Mr. Coons) 
submitted an amendment intended to be proposed to amendment SA 2 
proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, 
to approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                   TITLE _--OFFSHORE WIND FACILITIES

     SEC. _01. QUALIFYING OFFSHORE WIND FACILITY CREDIT.

       (a) In General.--Section 46 is amended--
       (1) by striking ``and'' at the end of paragraph (5),
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``, and'', and
       (3) by adding at the end the following new paragraph:
       ``(7) the qualifying offshore wind facility credit.''.
       (b) Amount of Credit.--Subpart E of part IV of subchapter A 
     of chapter 1 is amended by inserting after section 48D the 
     following new section:

     ``SEC. 48E. CREDIT FOR OFFSHORE WIND FACILITIES.

       ``(a) In General.--For purposes of section 46, the 
     qualifying offshore wind facility credit for any taxable year 
     is an amount equal to 30 percent of the qualified investment 
     for such taxable year with respect to any qualifying offshore 
     wind facility of the taxpayer.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying offshore wind 
     facility.
       ``(2) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying offshore wind facility.--
       ``(A) In general.--The term `qualifying offshore wind 
     facility' means an offshore facility using wind to produce 
     electricity.
       ``(B) Offshore facility.--The term `offshore facility' 
     means any facility located in the inland navigable waters of 
     the United States, including the Great Lakes, or in the 
     coastal waters of the United States, including the 
     territorial seas of the United States, the exclusive economic 
     zone of United States, and the outer Continental Shelf of the 
     United States.
       ``(2) Eligible property.--The term `eligible property' 
     means any property--
       ``(A) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualifying offshore wind facility, 
     and
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(d) Qualifying Credit for Offshore Wind Facilities 
     Program.--
       ``(1) Establishment.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy and the Secretary 
     of the Interior, shall establish a qualifying credit for 
     offshore wind facilities program to consider and award 
     certifications for qualified investments eligible for credits 
     under this section to qualifying offshore wind facility 
     sponsors.
       ``(B) Limitation.--The total amount of megawatt capacity 
     for offshore facilities with respect to which credits may be 
     allocated under the program shall not exceed 3,000 megawatts.
       ``(2) Certification.--
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require beginning on 
     the date the Secretary establishes the program under 
     paragraph (1).
       ``(B) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the facility in service 
     and if such facility is not placed in service by that time 
     period, then the certification shall no longer be valid.
       ``(3) Selection criteria.--In determining which qualifying 
     offshore wind facilities to certify under this section, the 
     Secretary shall--
       ``(A) take into consideration which facilities will be 
     placed in service at the earliest date, and
       ``(B) take into account the technology of the facility that 
     may lead to reduced industry and consumer costs or expand 
     access to offshore wind.
       ``(4) Review, additional allocations, and reallocations.--
       ``(A) Review.--Periodically, but not later than 4 years 
     after the date of the enactment of this section, the 
     Secretary shall review the credits allocated under this 
     section as of the date of such review.
       ``(B) Additional allocations and reallocations.--The 
     Secretary may make additional allocations and reallocations 
     of credits under this section if the Secretary determines 
     that--
       ``(i) the limitation under paragraph (1)(B) has not been 
     attained at the time of the review, or
       ``(ii) scheduled placed-in-service dates of previously 
     certified facilities have been significantly delayed and the 
     Secretary determines the applicant will not meet the timeline 
     pursuant to paragraph (2)(B).
       ``(C) Additional program for allocations and 
     reallocations.--If the Secretary determines that credits 
     under this section are available for further allocation or 
     reallocation, but there is an insufficient quantity of 
     qualifying applications for certification pending at the time 
     of the review, the Secretary is authorized to conduct an 
     additional program for applications for certification.
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection, publicly 
     disclose the identity of the applicant and the amount of the 
     credit with respect to such applicant.
       ``(e) Denial of Double Benefit.--A credit shall not be 
     allowed under this section with respect to any facility if--
       ``(1) a credit has been allowed to such facility under 
     section 45 for such taxable year or any prior taxable year,
       ``(2) a credit has been allowed with respect to such 
     facility under section 46 by reason of section 48(a) or 
     48C(a) for such taxable or any preceding taxable year, or
       ``(3) a grant has been made with respect to such facility 
     under section 1603 of the American Recovery and Reinvestment 
     Act of 2009.''.
       (c) Conforming Amendments.--
       (1) Section 49(a)(1)(C) is amended--
       (A) by striking ``and'' at the end of clause (v),
       (B) by striking the period at the end of clause (vi) and 
     inserting ``, and'', and
       (C) by adding after clause (vi) the following new clause:

[[Page S435]]

       ``(vii) the basis of any property which is part of a 
     qualifying offshore wind facility under section 48E.''.
       (2) Subparagraph (B) of section 50(a)(2) is amended by 
     striking ``or 48D(b)(4)'' and inserting ``48D(b)(4), or 
     48E(b)(2)''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 48D the following new item:

``48E. Credit for offshore wind facilities.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                 ______
                                 
  SA 111. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. FUEL SWITCHING UNDER WEATHERIZATION ASSISTANCE 
                   PROGRAM.

       Section 415(c)(1) of the Energy Conservation and Production 
     Act (42 U.S.C. 6865(c)(1)) is amended by striking 
     subparagraph (E) and inserting the following:
       ``(E) the cost of making heating and cooling modifications, 
     including replacement (including, at the option of the State, 
     nonrenewable fuel switching when replacing furnaces or 
     appliances if the new unit is more efficient than the 
     replaced unit).''.
                                 ______
                                 
  SA 112. Mr. KING submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. TAX ON OIL TRANSPORTED THROUGH THE KEYSTONE XL 
                   PIPELINE.

       (a) In General.--Subsection (c) of section 4611 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(3) Increase in the case of oil transported through the 
     keystone xl pipeline.--
       ``(A) In general.--In the case of any crude oil received at 
     a United States refinery that, at any point before reaching 
     the refinery, travels through any portion of the Keystone XL 
     pipeline, the rate of tax determined under paragraph (1) 
     shall be increased by 8 cents a barrel.
       ``(B) Keystone xl pipeline.--For purposes of this 
     paragraph, the term `Keystone XL pipeline' means the pipeline 
     described in section 2(a) of the Keystone XL Pipeline Act.
       ``(C) Amounts not attributable to trust funds.--For 
     purposes of any other provision of law, the increase under 
     subparagraph (A) shall not be treated as attributable to the 
     Hazardous Substance Superfund financing rate or the Oil Spill 
     Liability Trust Fund financing rate.''.
       (b) Transfers From General Fund.--
       (1) In general.--The Secretary of the Treasury shall from 
     time to time transfer to the Secretary of Energy from the 
     general fund of the Treasury amounts equal to the taxes 
     collected under section 4611(c)(3) of the Internal Revenue 
     Code of 1986.
       (2) Use of funds.--
       (A) In general.--Amounts transferred under paragraph (1) 
     shall be available without further appropriation only for the 
     Weatherization Assistance Program for Low-Income Persons 
     established under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.).
       (B) Prioritization.--In carrying out the program described 
     in subparagraph (A) using the amounts described in that 
     subparagraph, the Secretary of Energy shall prioritize 
     funding projects focused on fuel switching.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall apply to crude oil received at a United States refinery 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 113. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SENSE OF CONGRESS REGARDING FEDERALLY PROTECTED 
                   LAND.

       (a) Findings.--Congress finds that--
       (1) Presidents of both parties have designated public land 
     to preserve the land for current and future generations and 
     to honor the national heritage of the United States, and that 
     designated public land includes--
       (A) the Statue of Liberty;
       (B) the Grand Canyon;
       (C) Acadia National Park;
       (D) African Burial Ground National Monument;
       (E) the Chesapeake & Ohio Canal National Historical Park;
       (F) Muir Woods National Monument;
       (G) Arches National Park; and
       (H) Devils Tower National Monument;
       (2) outdoor recreation, including recreation within Federal 
     land, adds over $600,000,000,000 into the economy of the 
     United States and supports more than 6,000,000 jobs;
       (3) Federal land, such as National Parks, National 
     Monuments, or other federally designated land, conserves 
     historic, cultural, environmental, scenic, recreational, and 
     biological resources, and positive impacts include--
       (A) economic opportunities and small business creation;
       (B) local tourism in gateway communities;
       (C) new direct and indirect employment opportunities;
       (D) recreational opportunities; and
       (E) environmental, historic, and educational opportunities; 
     and
       (4) regions surrounding National Monuments have seen 
     continued growth or improvement in employment and person 
     income.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Congress should acknowledge the benefit that public 
     land designations provide to local and regional communities 
     and economies; and
       (2) designations of federally protected land should 
     continue where appropriate and with consultation by local 
     communities, bipartisan elected leaders, and interested 
     stakeholders.
                                 ______
                                 
  SA 114. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING CLIMATE CHANGE.

       It is the sense of Congress that--
       (1) climate change is real and is caused by human 
     activities;
       (2) climate change is already impacting the United States 
     with sea level rise, ocean acidification, and more frequent 
     and intense extreme weather events such as droughts, floods, 
     wildfires, and heat waves;
       (3) climate change poses risks to multiple sectors of the 
     economy of the United States, including national defense, 
     agricultural systems, energy, and transportation, as well as 
     human health and the environment;
       (4) the impacts of climate change have significant economic 
     costs that will occur year after year and increase with 
     further delays in global action;
       (5) the extent of future climate change is largely 
     determined by the choices the United States and other nations 
     make in the immediate future;
       (6) the Federal Government, tribal nations, States, local 
     communities, and the private sector must continue to take 
     action to prepare and adapt communities to climate change;
       (7) the United States has a responsibility to children and 
     future generations of the United States to mitigate the 
     harmful effects of climate change;
       (8) the actions of the United States taken to mitigate and 
     adapt to the impacts of climate change cannot come at the 
     expense of the prosperity of the United States;
       (9) the actions of a single nation cannot solve the climate 
     crisis, so solutions that address both mitigation and 
     adaption must involve developed and developing nations around 
     the world;
       (10) investing in the development of innovative clean and 
     renewable energy and energy efficiency technologies will--
       (A) enhance the global leadership and competitiveness of 
     the United States; and
       (B) create and sustain short and long term job growth; and
       (11) the United States should act immediately to address 
     climate change because the longer the United States waits, 
     the more severe and costly the impacts of climate change will 
     be, and the harder it will be for future generations to 
     address the crisis.
                                 ______
                                 
  SA 115. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING CLIMATE CHANGE AND 
                   INFRASTRUCTURE.

       It is the sense of Congress that--
       (1) climate change is already impacting the safety and 
     reliability of the critical infrastructure systems of the 
     United States, including buildings, roads, bridges, tunnels,

[[Page S436]]

     rail, ports, airports, levees, dams, and military 
     installations through sea level rise, rising temperatures, 
     and more frequent and intense extreme weather events such as 
     droughts, floods, wildfires, and heat waves;
       (2) significant energy, industrial and transportation 
     infrastructure in the United States is located near the 
     coast, in floodplains, or in other areas vulnerable to sea 
     level rise;
       (3) the impacts to infrastructure described in paragraph 
     (1) have caused tangible economic costs that are likely to 
     increase over time;
       (4) it is fiscally prudent to prepare for and seek to 
     mitigate the impacts described in paragraph (1), as it is 
     estimated that every dollar spent on mitigation saves $4 in 
     disaster relief;
       (5) the Federal Government self-insures, offers insurance 
     programs such as crop insurance and the national flood 
     insurance program, and, in the case of extreme weather 
     events, also serves as the insurer of last resort for public 
     and private infrastructure;
       (6) the Federal Government has a crucial role to play as a 
     partner in working with State, local, tribal, and territorial 
     jurisdictions to help ensure coordinated efforts to keep 
     communities resilient;
       (7) the role of the Federal Government should include 
     prioritizing climate resilient projects when administering 
     Federal grants, providing technical support, and sharing of 
     data and information in user-friendly and accessible formats, 
     among other actions;
       (8) Federal agency climate change adaptation plans that 
     assess the risk to physical assets and missions of the 
     Federal agencies can help create savings for taxpayers; and
       (9) Federal agencies, including the Department of Defense, 
     should quantify the economic value of the physical risks of 
     the agencies from climate change.
                                 ______
                                 
  SA 116. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING ENERGY POLICIES.

       (a) Findings.--Congress finds that--
       (1) energy is central to a strong, diverse, and vibrant 
     economy;
       (2) the United States has benefitted greatly from abundant 
     supplies of a range of energy resources throughout the 
     history of the United States;
       (3) the United States will continue to prosper by ensuring 
     that balanced pathways are in place to develop energy 
     resources that are clean, reliable, affordable, and secure;
       (4) the United States must continue to transition to a 
     lower carbon energy future;
       (5) the United States should address that climate change is 
     real and caused by human activities;
       (6) climate change is already impacting the United States 
     with sea level rise, ocean acidification, and more frequent 
     and intense extreme weather events such as droughts, floods, 
     wildfires, and heat waves;
       (7) the United States has a responsibility to children and 
     future generations of the United States to mitigate the 
     harmful effects of climate change while producing and using 
     ever-cleaner forms of energy from all sources;
       (8) solutions that address the energy and climate 
     challenges of the United States and the world must involve 
     developed and developing nations around the world;
       (9) there is no 1 pathway to address the challenges of 
     climate change, but rather, different approaches must be 
     employed to meet these challenges;
       (10) energy policy approaches must take into account the 
     reductions of greenhouse gases, including carbon dioxide, 
     methane and superpollutants, such as hydrofluorocarbons;
       (11) a first beneficial step toward an improved energy 
     policy is the establishment and implementation of a national 
     Quadrennial Energy Review;
       (12) investing in the development of innovative clean and 
     renewable energy and energy efficiency technologies will 
     enhance global leadership and competitiveness of the United 
     States and can create and sustain short and long term job 
     growth;
       (13) breakthrough technology development requires more than 
     simply investing in research and development, it requires 
     bridging the lab-to-market gap with a variety of public 
     private partnerships ranging from STEM education through 
     workforce training to support for innovative business 
     investment;
       (14) effective clean energy innovation policy requires 
     support throughout the entire innovation pipeline from basic 
     research to early market transformation;
       (15) economy-wide, regional and sectorial approaches have 
     been demonstrated and are proving that reductions in 
     emissions can be made while still growing the economy and 
     providing high-paying jobs;
       (16) the energy challenges of the United States can be 
     addressed with smart responses which include--
       (A) curbing emissions from the transportation sector;
       (B) reducing carbon dioxide emissions from power plants;
       (C) strengthening the infrastructure of the United States 
     to be more resilient to climate change;
       (D) encouraging the use of clean energy through tax cuts, 
     credits, and deductions;
       (E) reducing emissions of short-lived climate forcers;
       (F) significantly improving energy efficiency solutions;
       (G) investing in research, development, and demonstration;
       (H) making the electric grid smarter and more reliable;
       (I) improving land management planning;
       (J) ensuring that a smart regulatory system is in place; 
     and
       (K) addressing the energy-water nexus challenges;
       (17) responsible action requires putting a price on carbon 
     and both mobilizing action domestically and negotiating 
     bilateral and multilateral agreements to strengthen and spur 
     international action; and
       (18) the longer the United States waits, the more severe 
     and costly the impacts of climate change will be, and the 
     harder it will be for children of the United States to 
     address this crisis.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should act responsibly to develop 
     bipartisan energy policies that lead to a lower carbon 
     future.
                                 ______
                                 
  SA 117. Mr. COONS (for himself and Mr. Gardner) submitted an 
amendment intended to be proposed to amendment SA 2 proposed by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE.

       (a) Findings.--The Senate finds that--
       (1) Energy Savings Performance Contracts and Utility Energy 
     Service Contracts were first authorized by Congress in 1986 
     and 1992 respectively and reduce energy costs and consumption 
     at Federal buildings and facilities without relying on 
     additional appropriations;
       (2) the contracts described in paragraph (1) are financed 
     by a third-party and realize sufficient energy savings to 
     cover the cost of the financed improvements over the contract 
     term;
       (3) the contractor provides a guarantee of energy savings 
     for the Energy Savings Performance Contract and the utility 
     provides energy savings performance assurances or guarantees 
     of the savings for the Utility Energy Service Contract;
       (4) performance-based contracting is an opportunity for 
     significant savings so much so that the Oak Ridge National 
     Laboratory has determined that under an Energy Savings 
     Performance Contract the total cost savings delivered to the 
     Government is nearly twice the guaranteed amount;
       (5) the Energy Independence and Security Act of 2007 
     required a Government-wide audit of facilities and, although 
     to date only \1/2\ of those buildings have been surveyed, it 
     has been established that at least $9,000,000,000 worth of 
     energy savings that could be achieved within a decade;
       (6) the Office of Management and Budget first recognized 
     savings from Energy Savings Performance Contracts and Utility 
     Energy Service Contracts on an annual basis throughout the 
     term of the contract as far back as 1998;
       (7) the Congressional Budget Office instead has determined 
     that the full cost of the authority to enter into the long-
     term contracts for capital investments be scored upfront as 
     new mandatory spending while the savings in energy costs that 
     flow from these investments be realized over time as part of 
     the annual appropriations process;
       (8) the process described in paragraph (7) has continued to 
     hinder the ability of Congress to pass legislation ensuring 
     additional energy and cost savings to the Federal Government 
     through utilization of these contracts despite the proven 
     savings; and
       (9) there is broad bipartisan and bicameral recognition in 
     Congress of the value of these energy saving contracts.
       (b) Sense of Senate.--It is the sense of the Senate that 
     legislation regarding Energy Savings Performance Contracts 
     and Utility Energy Service Contracts, and legislation which 
     may lead to the use of those contracts by the Federal 
     Government, should receive Congressional scoring treatment 
     that allows future year guaranteed discretionary savings to 
     be counted against the mandatory spending attributed to 
     undertaking such contracts.
                                 ______
                                 
  SA 118. Mr. COONS (for himself, Ms. Collins, Mr. Reed, and Mrs. 
Shaheen) submitted an amendment intended to be proposed to amendment SA 
2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, 
to approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:


[[Page S437]]


       At the appropriate place, insert the following:

   TITLE __--WEATHERIZATION ENHANCEMENT AND LOCAL ENERGY EFFICIENCY 
                     INVESTMENT AND ACCOUNTABILITY

     SEC. _01. FINDINGS.

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

     SEC. _02. WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Reauthorization of Weatherization Assistance Program.--
     Section 422 of the Energy Conservation and Production Act (42 
     U.S.C. 6872) is amended by striking ``appropriated--'' and 
     all that follows through the period at the end and inserting 
     ``appropriated $450,000,000 for each of fiscal years 2016 
     through 2020.''.
       (b)  Grants for New, Self-Sustaining Low-Income, Single-
     Family and MultiFamily Housing Energy Retrofit Model Programs 
     to Eligible Multistate Housing and Energy Nonprofit 
     Organizations.--The Energy Conservation and Production Act is 
     amended by inserting after section 414B (42 U.S.C. 6864b) the 
     following:

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

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to expand the number of low-income, single-family and 
     multifamily homes that receive energy efficiency retrofits;
       ``(2) to promote innovation and new models of retrofitting 
     low-income homes through new Federal partnerships with 
     covered organizations that leverage substantial donations, 
     donated materials, volunteer labor, homeowner labor equity, 
     and other private sector resources;
       ``(3) to assist the covered organizations in demonstrating, 
     evaluating, improving, and replicating widely the model low-
     income energy retrofit programs of the covered organizations; 
     and
       ``(4) to ensure that the covered organizations make the 
     energy retrofit programs of the covered organizations self-
     sustaining by the time grant funds have been expended.
       ``(b) Definitions.--In this section:
       ``(1) Covered organization.--The term `covered 
     organization' means an organization that--
       ``(A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from taxation under 501(a) of 
     that Code; and
       ``(B) has an established record of constructing, 
     renovating, repairing, or making energy efficient a total of 
     not less than 250 owner-occupied, single-family or 
     multifamily homes per year for low-income households, either 
     directly or through affiliates, chapters, or other direct 
     partners (using the most recent year for which data are 
     available).
       ``(2) Low-income.--The term `low-income' means an income 
     level that is not more than 200 percent of the poverty level 
     (as determined in accordance with criteria established by the 
     Director of the Office of Management and Budget) applicable 
     to a family of the size involved, except that the Secretary 
     may establish a higher or lower level if the Secretary 
     determines that a higher or lower level is necessary to carry 
     out this section.
       ``(3) Weatherization assistance program for low-income 
     persons.--The term `Weatherization Assistance Program for 
     Low-Income Persons' means the program established under this 
     part (including part 440 of title 10, Code of Federal 
     Regulations, or successor regulations).
       ``(c) Competitive Grant Program.--The Secretary shall make 
     grants to covered organizations through a national 
     competitive process for use in accordance with this section.
       ``(d) Award Factors.--In making grants under this section, 
     the Secretary shall consider--
       ``(1) the number of low-income homes the applicant--
       ``(A) has built, renovated, repaired, or made more energy 
     efficient as of the date of the application; and
       ``(B) can reasonably be projected to build, renovate, 
     repair, or make energy efficient during the 10-year period 
     beginning on the date of the application;
       ``(2) the qualifications, experience, and past performance 
     of the applicant, including experience successfully managing 
     and administering Federal funds;
       ``(3) the number and diversity of States and climates in 
     which the applicant works as of the date of the application;
       ``(4) the amount of non-Federal funds, donated or 
     discounted materials, discounted or volunteer skilled labor, 
     volunteer unskilled labor, homeowner labor equity, and other 
     resources the applicant will provide;
       ``(5) the extent to which the applicant could successfully 
     replicate the energy retrofit program of the applicant and 
     sustain the program after the grant funds have been expended;
       ``(6) regional diversity;
       ``(7) urban, suburban, and rural localities; and
       ``(8) such other factors as the Secretary determines to be 
     appropriate.
       ``(e) Applications.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall request 
     proposals from covered organizations.
       ``(2) Administration.--To be eligible to receive a grant 
     under this section, an applicant shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(3) Awards.--Not later than 90 days after the date of 
     issuance of a request for proposals, the Secretary shall 
     award grants under this section.
       ``(f) Eligible Uses of Grant Funds.--A grant under this 
     section may be used for--

[[Page S438]]

       ``(1) energy efficiency audits, cost-effective retrofit, 
     and related activities in different climatic regions of the 
     United States;
       ``(2) energy efficiency materials and supplies;
       ``(3) organizational capacity--
       ``(A) to significantly increase the number of energy 
     retrofits;
       ``(B) to replicate an energy retrofit program in other 
     States; and
       ``(C) to ensure that the program is self-sustaining after 
     the Federal grant funds are expended;
       ``(4) energy efficiency, audit and retrofit training, and 
     ongoing technical assistance;
       ``(5) information to homeowners on proper maintenance and 
     energy savings behaviors;
       ``(6) quality control and improvement;
       ``(7) data collection, measurement, and verification;
       ``(8) program monitoring, oversight, evaluation, and 
     reporting;
       ``(9) management and administration (up to a maximum of 10 
     percent of the total grant);
       ``(10) labor and training activities; and
       ``(11) such other activities as the Secretary determines to 
     be appropriate.
       ``(g) Maximum Amount.--The amount of a grant provided under 
     this section shall not exceed--
       ``(1) if the amount made available to carry out this 
     section for a fiscal year is $225,000,000 or more, 
     $5,000,000; and
       ``(2) if the amount made available to carry out this 
     section for a fiscal year is less than $225,000,000, 
     $1,500,000.
       ``(h) Guidelines.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this section, the Secretary shall issue 
     guidelines to implement the grant program established under 
     this section.
       ``(2) Administration.--The guidelines--
       ``(A) shall not apply to the Weatherization Assistance 
     Program for Low-Income Persons, in whole or major part; but
       ``(B) may rely on applicable provisions of law governing 
     the Weatherization Assistance Program for Low-Income Persons 
     to establish--
       ``(i) standards for allowable expenditures;
       ``(ii) a minimum savings-to-investment ratio;
       ``(iii) standards--

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

       ``(iv) liability insurance requirements; and
       ``(v) recordkeeping requirements, which shall include 
     reporting to the Office of Weatherization and 
     Intergovernmental Programs of the Department of Energy 
     applicable data on each home retrofitted.
       ``(i) Review and Evaluation.--The Secretary shall review 
     and evaluate the performance of any covered organization that 
     receives a grant under this section (which may include an 
     audit), as determined by the Secretary.
       ``(j) Compliance With State and Local Law.--Nothing in this 
     section or any program carried out using a grant provided 
     under this section supersedes or otherwise affects any State 
     or local law, to the extent that the State or local law 
     contains a requirement that is more stringent than the 
     applicable requirement of this section.
       ``(k) Annual Reports.--The Secretary shall submit to 
     Congress annual reports that provide--
       ``(1) findings;
       ``(2) a description of energy and cost savings achieved and 
     actions taken under this section; and
       ``(3) any recommendations for further action.
       ``(l) Funding.--Of the amount of funds that are made 
     available to carry out the Weatherization Assistance Program 
     for each of fiscal years 2016 through 2020 under section 422, 
     the Secretary shall use to carry out this section for each of 
     fiscal years 2016 through 2020--
       ``(1) 2 percent of the amount if the amount is less than 
     $225,000,000;
       ``(2) 5 percent of the amount if the amount is $225,000,000 
     or more but less than $260,000,000;
       ``(3) 10 percent of the amount if the amount is 
     $260,000,000 or more but less than $400,000,000; and
       ``(4) 20 percent of the amount if the amount is 
     $400,000,000 or more.''.
       (c) Standards Program.--Section 415 of the Energy 
     Conservation and Production Act (42 U.S.C. 6865) is amended 
     by adding at the end the following:
       ``(f) Standards Program.--
       ``(1) Contractor qualification.--Effective beginning 
     January 1, 2016, to be eligible to carry out weatherization 
     using funds made available under this part, a contractor 
     shall be selected through a competitive bidding process and 
     be--
       ``(A) accredited by the Building Performance Institute;
       ``(B) an Energy Smart Home Performance Team accredited 
     under the Residential Energy Services Network; or
       ``(C) accredited by an equivalent accreditation or program 
     accreditation-based State certification program approved by 
     the Secretary.
       ``(2) Grants for energy retrofit model programs.--
       ``(A) In general.--To be eligible to receive a grant under 
     section 414C, a covered organization (as defined in section 
     414C(b)) shall use a crew chief who--
       ``(i) is certified or accredited in accordance with 
     paragraph (1); and
       ``(ii) supervises the work performed with grant funds.
       ``(B) Volunteer labor.--A volunteer who performs work for a 
     covered organization that receives a grant under section 414C 
     shall not be required to be certified under this subsection 
     if the volunteer is not directly installing or repairing 
     mechanical equipment or other items that require skilled 
     labor.
       ``(C) Training.--The Secretary shall use training and 
     technical assistance funds available to the Secretary to 
     assist covered organizations under section 414C in providing 
     training to obtain certification required under this 
     subsection, including provisional or temporary certification.
       ``(3) Minimum efficiency standards.--Effective beginning 
     October 1, 2016, the Secretary shall ensure that--
       ``(A) each retrofit for which weatherization assistance is 
     provided under this part meets minimum efficiency and quality 
     of work standards established by the Secretary after 
     weatherization of a dwelling unit; and
       ``(B) at least 10 percent of the dwelling units are 
     randomly inspected by a third party accredited under this 
     subsection to ensure compliance with the minimum efficiency 
     and quality of work standards established under subparagraph 
     (A); and
       ``(C) the standards established under this subsection meet 
     or exceed the industry standards for home performance work 
     that are in effect on the date of enactment of this 
     subsection, as determined by the Secretary.''.

     SEC. _03. STATE ENERGY PROGRAM.

       Section 365(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for 
     each of fiscal years 2007 through 2012'' and inserting 
     ``$75,000,000 for each of fiscal years 2016 through 2020''.
                                 ______
                                 
  SA 119. Mr. MORAN (for himself, Mr. Coons, and Mr. Bennet) submitted 
an amendment intended to be proposed to amendment SA 2 proposed by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

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

       (a) In General.--Subparagraph (E) of section 7704(d)(1) of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``income and gains derived from the 
     exploration'' and inserting ``income and gains derived from 
     the following:
       ``(i) Minerals, natural resources, etc.--The exploration'',
       (2) by inserting ``or'' before ``industrial source'',
       (3) by inserting a period after ``carbon dioxide'', and
       (4) by striking ``, or the transportation or storage'' and 
     all that follows and inserting the following:
       ``(ii) Renewable energy.--The generation of electric power 
     exclusively utilizing any resource described in section 
     45(c)(1) or energy property described in section 48 
     (determined without regard to any termination date), or in 
     the case of a facility described in paragraph (3) or (7) of 
     section 45(d) (determined without regard to any placed in 
     service date or date by which construction of the facility is 
     required to begin), the accepting or processing of such 
     resource.
       ``(iii) Electricity storage devices.--The receipt and sale 
     of electric power that has been stored in a device directly 
     connected to the grid.
       ``(iv) Combined heat and power.--The generation, storage, 
     or distribution of thermal energy exclusively utilizing 
     property described in section 48(c)(3) (determined without 
     regard to subparagraphs (B) and (D) thereof and without 
     regard to any placed in service date).
       ``(v) Renewable thermal energy.--The generation, storage, 
     or distribution of thermal energy exclusively using any 
     resource described in section 45(c)(1) or energy property 
     described in clause (i) or (iii) of section 48(a)(3)(A).
       ``(vi) Waste heat to power.--The use of recoverable waste 
     energy, as defined in section 371(5) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6341(5)) (as in effect on the 
     date of the enactment of this clause).
       ``(vii) Renewable fuel infrastructure.--The storage or 
     transportation of any fuel described in subsection (b), (c), 
     (d), or (e) of section 6426.
       ``(viii) Renewable fuels.--The production, storage, or 
     transportation of any renewable fuel described in section 
     211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) 
     (as in effect on the date of the enactment of this clause) or 
     section 40A(d)(1).
       ``(ix) Renewable chemicals.--The production, storage, or 
     transportation of any renewable chemical (as defined in 
     paragraph (6)).
       ``(x) Energy efficient buildings.--The audit and 
     installation through contract or

[[Page S439]]

     other agreement of any energy efficient building property 
     described in section 179D(c)(1).
       ``(xi) Gasification with sequestration.--The production of 
     any product from a project that meets the requirements of 
     subparagraphs (A) and (B) of section 48B(c)(1) and that 
     separates and sequesters in secure geological storage (as 
     determined under section 45Q(d)(2)) at least 75 percent of 
     such project's total qualified carbon dioxide (as defined in 
     section 45Q(b)).
       ``(xii) Carbon capture and sequestration.--The generation 
     or storage of electric power produced from any facility which 
     is a qualified facility described in section 45Q(c) and which 
     disposes of any captured qualified carbon dioxide (as defined 
     in section 45Q(b)) in secure geological storage (as 
     determined under section 45Q(d)(2)).''.
       (b) Renewable Chemical.--Section 7704(d) of such Code is 
     amended by adding at the end the following new paragraph:
       ``(6) Renewable chemical.--The term `renewable chemical' 
     means a monomer, polymer, plastic, formulated product, or 
     chemical substance produced from renewable biomass (as 
     defined in section 9001(12) of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8101(12)), as in effect on 
     the date of the enactment of this paragraph).''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.
                                 ______
                                 
  SA 120. Mr. CARPER (for himself, Mr. Donnelly, and Ms. Heitkamp) 
submitted an amendment intended to be proposed to amendment SA 2 
proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, 
to approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. 3. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL MOTOR 
                   VEHICLES.

       (a) In General.--Paragraph (1) of section 30B(k) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2014'' and inserting ``December 31, 2019''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property purchased after December 31, 2014.

     SEC. 4. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE 
                   REFUELING PROPERTY.

       (a) In General.--Subsection (g) of section 30C, as amended 
     by the Tax Increase Prevention Act of 2014, is amended by 
     striking ``December 31, 2014'' and inserting ``December 31, 
     2019''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2014.

     SEC. 5. OFFSET.

       (a) 100 Percent Continuous Levy on Payment to Medicare 
     Providers and Suppliers.--Paragraph (3) of section 6331(h) is 
     amended by striking the period at the end and inserting ``, 
     or to a Medicare provider or supplier under title XVIII of 
     the Social Security Act.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made on or after the date which is 
     180 days after the date of the enactment of this Act.
                                 ______
                                 
  SA 121. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       At the end of section 2, add the following:
       (f) Fee.--
       (1) In general.--A fee of 8 cents shall be imposed on each 
     barrel of oil transported through the pipeline referred to in 
     subsection (a).
       (2) Use of fee revenue.--Revenue from the fee imposed under 
     paragraph (1) shall be deposited in the land and water 
     conservation fund established under section 200302 of title 
     54, United States Code.
                                 ______
                                 
  SA 122. Mr. SESSIONS (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING CLIMATE CHANGE.

       It is the sense of Congress that--
       (1) climate change is real;
       (2) worldwide scientific opinion is not settled on the 
     extent to which human activities may be causing climate 
     change;
       (3) projections by models of catastrophic increases in 
     global temperatures have not been validated by measured 
     temperature data;
       (4) fossil fuels are critical to the health of the world 
     economy and low-cost electricity and other energy forms have 
     dramatically improved the health and quality of life of 
     millions the world over; and
       (5) the Final Supplemental Environmental Impact Statement 
     for the Keystone XL Project issued by the Secretary of State 
     in January 2014, found that construction of the Keystone XL 
     Pipeline will not significantly impact global greenhouse gas 
     emissions.
                                 ______
                                 
  SA 123. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, 
Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, 
Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) 
to the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE REGARDING THE OIL SPILL LIABILITY 
                   TRUST FUND.

       It is the sense of the Senate that--
       (1) Congress should approve a bill to ensure that all forms 
     of bitumen or synthetic crude oil derived from bitumen are 
     subject to the per-barrel excise tax associated with the Oil 
     Spill Liability Trust Fund established by section 9509 of the 
     Internal Revenue Code of 1986;
       (2) it is necessary for Congress to approve a bill 
     described in paragraph (1) because the Internal Revenue 
     Service determined in 2011 that certain forms of petroleum 
     are not subject to the per-barrel excise tax;
       (3) under article I, section 7, clause 1 of the 
     Constitution, the Senate may not originate a bill to raise 
     new revenue, and thus may not originate a bill to close the 
     legitimate and unintended loophole described in paragraph 
     (2);
       (4) if the Senate attempts to originate a bill described in 
     paragraph (1), it would provide a substantive basis for a 
     ``blue slip'' from the House of Representatives, which would 
     prevent advancement of the bill; and
       (5) the House of Representatives, consistent with article 
     I, section 7, clause 1 of the Constitution, should consider 
     and refer to the Senate a bill to ensure that all forms of 
     bitumen or synthetic crude oil derived from bitumen are 
     subject to the per-barrel excise tax associated with the Oil 
     Spill Liability Trust Fund established by section 9509 of the 
     Internal Revenue Code of 1986.
                                 ______
                                 
  SA 124. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. NO EFFECT ON INDIAN TREATIES.

       Nothing in this Act may change, suspend, supersede, or 
     abrogate any trust obligation or treaty requirement of the 
     United States with respect to any Indian nation, Indian 
     tribe, individual Indian, or Indian tribal organization, 
     including the Fort Laramie Treaties of 1851 and 1868, without 
     consultation with, and the informed and express consent of, 
     the applicable Indian nation, Indian tribe, individual 
     Indian, or Indian tribal organization as required under 
     Executive Order 13175 (67 Fed. Reg. 67249) (November 6, 
     2000).
                                 ______
                                 
  SA 125. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rebuilding America's 
     Infrastructure Act of 2015''.

                TITLE I--REPEAL OF OIL AND GAS SUBSIDIES

                Subtitle A--Close Big Oil Tax Loopholes

     SEC. 101. MODIFICATIONS OF FOREIGN TAX CREDIT RULES 
                   APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES 
                   WHICH ARE DUAL CAPACITY TAXPAYERS.

       (a) In General.--Section 901 of the Internal Revenue Code 
     of 1986 is amended by redesignating subsection (n) as 
     subsection (o) and by inserting after subsection (m) the 
     following new subsection:
       ``(n) Special Rules Relating to Major Integrated Oil 
     Companies Which Are Dual Capacity Taxpayers.--
       ``(1) General rule.--Notwithstanding any other provision of 
     this chapter, any amount paid or accrued by a dual capacity 
     taxpayer which is a major integrated oil company (within the 
     meaning of section 167(h)(5)) to a foreign country or 
     possession of the United States for any period shall not be 
     considered a tax--
       ``(A) if, for such period, the foreign country or 
     possession does not impose a generally applicable income tax, 
     or
       ``(B) to the extent such amount exceeds the amount 
     (determined in accordance with regulations) which--
       ``(i) is paid by such dual capacity taxpayer pursuant to 
     the generally applicable income tax imposed by the country or 
     possession, or
       ``(ii) would be paid if the generally applicable income tax 
     imposed by the country or possession were applicable to such 
     dual capacity taxpayer.

     Nothing in this paragraph shall be construed to imply the 
     proper treatment of any such amount not in excess of the 
     amount determined under subparagraph (B).

[[Page S440]]

       ``(2) Dual capacity taxpayer.--For purposes of this 
     subsection, the term `dual capacity taxpayer' means, with 
     respect to any foreign country or possession of the United 
     States, a person who--
       ``(A) is subject to a levy of such country or possession, 
     and
       ``(B) receives (or will receive) directly or indirectly a 
     specific economic benefit (as determined in accordance with 
     regulations) from such country or possession.
       ``(3) Generally applicable income tax.--For purposes of 
     this subsection--
       ``(A) In general.--The term `generally applicable income 
     tax' means an income tax (or a series of income taxes) which 
     is generally imposed under the laws of a foreign country or 
     possession on income derived from the conduct of a trade or 
     business within such country or possession.
       ``(B) Exceptions.--Such term shall not include a tax unless 
     it has substantial application, by its terms and in practice, 
     to--
       ``(i) persons who are not dual capacity taxpayers, and
       ``(ii) persons who are citizens or residents of the foreign 
     country or possession.''.
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxes paid or accrued in taxable years beginning 
     after the date of the enactment of this Act.
       (2) Contrary treaty obligations upheld.--The amendments 
     made by this section shall not apply to the extent contrary 
     to any treaty obligation of the United States.

     SEC. 102. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO 
                   OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.

       (a) Denial of Deduction.--Paragraph (4) of section 199(c) 
     of the Internal Revenue Code of 1986 is amended by adding at 
     the end the following new subparagraph:
       ``(E) Special rule for certain oil and gas income.--In the 
     case of any taxpayer who is a major integrated oil company 
     (within the meaning of section 167(h)(5)) for the taxable 
     year, the term `domestic production gross receipts' shall not 
     include gross receipts from the production, refining, 
     processing, transportation, or distribution of oil, gas, or 
     any primary product (within the meaning of subsection (d)(9)) 
     thereof.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.

     SEC. 103. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND 
                   DEVELOPMENT COSTS; AMORTIZATION OF DISALLOWED 
                   AMOUNTS.

       (a) In General.--Section 263(c) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(c) Intangible Drilling and Development Costs in the Case 
     of Oil and Gas Wells and Geothermal Wells.--
       ``(1) In general.--Notwithstanding subsection (a), and 
     except as provided in subsection (i), regulations shall be 
     prescribed by the Secretary under this subtitle corresponding 
     to the regulations which granted the option to deduct as 
     expenses intangible drilling and development costs in the 
     case of oil and gas wells and which were recognized and 
     approved by the Congress in House Concurrent Resolution 50, 
     Seventy-ninth Congress. Such regulations shall also grant the 
     option to deduct as expenses intangible drilling and 
     development costs in the case of wells drilled for any 
     geothermal deposit (as defined in section 613(e)(2)) to the 
     same extent and in the same manner as such expenses are 
     deductible in the case of oil and gas wells. This subsection 
     shall not apply with respect to any costs to which any 
     deduction is allowed under section 59(e) or 291.
       ``(2) Exclusion.--
       ``(A) In general.--This subsection shall not apply to 
     amounts paid or incurred by a taxpayer in any taxable year in 
     which such taxpayer is a major integrated oil company (within 
     the meaning of section 167(h)(5)).
       ``(B) Amortization of amounts not allowable as deductions 
     under subparagraph (a).--The amount not allowable as a 
     deduction for any taxable year by reason of subparagraph (A) 
     shall be allowable as a deduction ratably over the 60-month 
     period beginning with the month in which the costs are paid 
     or incurred. For purposes of section 1254, any deduction 
     under this subparagraph shall be treated as a deduction under 
     this subsection.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2015.

     SEC. 104. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR 
                   OIL AND GAS WELLS.

       (a) In General.--Section 613A of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(f) Application With Respect to Major Integrated Oil 
     Companies.--In the case of any taxable year in which the 
     taxpayer is a major integrated oil company (within the 
     meaning of section 167(h)(5)), the allowance for percentage 
     depletion shall be zero.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.

     SEC. 105. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS.

       (a) In General.--Section 193 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(d) Application With Respect to Major Integrated Oil 
     Companies.--
       ``(1) In general.--This section shall not apply to amounts 
     paid or incurred by a taxpayer in any taxable year in which 
     such taxpayer is a major integrated oil company (within the 
     meaning of section 167(h)(5)).
       ``(2) Amortization of amounts not allowable as deductions 
     under paragraph (1).--The amount not allowable as a deduction 
     for any taxable year by reason of paragraph (1) shall be 
     allowable as a deduction ratably over the 60-month period 
     beginning with the month in which the costs are paid or 
     incurred.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2015.

     SEC. 106. MODIFICATION OF DEFINITION OF MAJOR INTEGRATED OIL 
                   COMPANY.

       (a) In General.--Paragraph (5) of section 167(h) of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new subparagraph:
       ``(C) Certain successors in interest.--For purposes of this 
     paragraph, the term `major integrated oil company' includes 
     any successor in interest of a company that was described in 
     subparagraph (B) in any taxable year, if such successor 
     controls more than 50 percent of the crude oil production or 
     natural gas production of such company.''.
       (b) Conforming Amendments.--
       (1) In general.--Subparagraph (B) of section 167(h)(5) of 
     the Internal Revenue Code of 1986 is amended by inserting 
     ``except as provided in subparagraph (C),'' after ``For 
     purposes of this paragraph,''.
       (2) Taxable years tested.--Clause (iii) of section 
     167(h)(5)(B) of such Code is amended--
       (A) by striking ``does not apply by reason of paragraph (4) 
     of section 613A(d)'' and inserting ``did not apply by reason 
     of paragraph (4) of section 613A(d) for any taxable year 
     after 2004'', and
       (B) by striking ``does not apply'' in subclause (II) and 
     inserting ``did not apply for the taxable year''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2015.

        Subtitle B--Outer Continental Shelf Oil and Natural Gas

     SEC. 111. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND 
                   DEEP GAS ROYALTY RELIEF.

       (a) In General.--Sections 344 and 345 of the Energy Policy 
     Act of 2005 (42 U.S.C. 15904, 15905) are repealed.
       (b) Administration.--The Secretary of the Interior shall 
     not be required to provide for royalty relief in the lease 
     sale terms beginning with the first lease sale held on or 
     after the date of enactment of this Act for which a final 
     notice of sale has not been published.

                    TITLE II--INFRASTRUCTURE FUNDING

     SEC. 201. INFRASTRUCTURE FUNDING.

       (a) In General.--
       (1) Transfers.--Not later than 90 days after the date of 
     enactment of this Act, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer an amount equal to the net amount of any savings 
     realized as a result of the enactment of this Act and the 
     amendments made by this Act (after any expenditures 
     authorized by this Act and the amendments made by this Act)--
       (A) in accordance with subsections (b) and (c); and
       (B) in the case of any additional savings after the 
     application of such subsections, into the Highway Trust Fund 
     in the following manner:
       (i) 75 percent of such additional savings shall be 
     transferred into the Highway Trust Fund (other than the Mass 
     Transit Account).
       (ii) 25 percent of such additional savings shall be 
     transferred into the Mass Transit Account.
       (2) Conforming amendment to the internal revenue code.--
     Subsection (f) of section 9503 of the Internal Revenue Code 
     of 1986 is amended by redesignating paragraph (7) as 
     paragraph (8) and by inserting after paragraph (6) the 
     following new paragraph:
       ``(7) 2015 increase.--Out of money in the Treasury not 
     otherwise appropriated, there is hereby appropriated to the 
     Highway Account (as defined in subsection (e)(5)(B)) and the 
     Mass Transit Account in the Highway Trust Fund amounts equal 
     to the amounts determined under section 201(a)(1)(B) of the 
     Rebuilding America's Infrastructure Act of 2015.''.
       (b) Water Infrastructure Innovative Financing Pilot 
     Projects.--Out of any funds of the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of the Army and the Administrator of the 
     Environmental Protection Agency jointly, $2,000,000,000 to 
     carry out the Water Infrastructure Finance and Innovation Act 
     of 2014 (33 U.S.C. 3901 et seq.) through 2019.
       (c) TIGER Discretionary Grants.--
       (1) Definition of tiger discretionary grant.--In this 
     section, the term ``TIGER discretionary grant'' means a grant 
     awarded and administered by the Secretary of Transportation 
     using funds made available for--
       (A) supplemental discretionary grants for a national 
     surface transportation system under title XII of division A 
     of the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5; 123 Stat. 203);
       (B) the national infrastructure investments discretionary 
     grant program under title I of division A of the Consolidated 
     Appropriations Act, 2010 (Public Law 111-17; 123 Stat. 3035);

[[Page S441]]

       (C) national infrastructure investments under section 2202 
     of division B of the Department of Defense and Full-Year 
     Continuing Appropriations Act, 2011 (Public Law 112-10; 125 
     Stat. 191);
       (D) national infrastructure investments under title I of 
     division C of the Consolidated and Further Continuing 
     Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 641);
       (E) national infrastructure investments under title VIII of 
     division F of the Consolidated and Further Continuing 
     Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 432);
       (F) national infrastructure investments under title I of 
     division L of the Consolidated Appropriations Act, 2014 
     (Public Law 113-76; 128 Stat. 574); or
       (G) national infrastructure investments under title I of 
     division K of the Consolidated and Further Continuing 
     Appropriations Act, 2015 (Public Law 113-235).
       (2) Appropriation.--Out of any funds of the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary of Transportation, $2,000,000,000 
     to provide TIGER discretionary grants for fiscal year 2016.
       (d) Maintenance of Funding.--The funding provided under 
     this section shall supplement (and not supplant) other 
     Federal funding for the programs and accounts funded under 
     this section.

     SEC. 202. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                    TITLE III--STATE REVOLVING FUNDS

     SEC. 301. STATE WATER POLLUTION CONTROL REVOLVING FUNDS.

       Out of any funds of the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Administrator of the Environmental Protection Agency, 
     $1,500,000,000 for State water pollution control revolving 
     funds established in accordance with title VI of the Federal 
     Water Pollution Control Act (33 U.S.C. 1381 et seq.).

     SEC. 302. STATE DRINKING WATER TREATMENT REVOLVING LOAN 
                   FUNDS.

       Out of any funds of the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Administrator of the Environmental Protection Agency, 
     $1,000,000,000 for State drinking water treatment revolving 
     loan funds established in accordance with section 1452 of the 
     Safe Drinking Water Act (42 U.S.C. 300j-12).

                        TITLE IV--MISCELLANEOUS

     SEC. 401. ENFORCEMENT OF DISCRETIONARY SPENDING LIMITS.

       The Office of Management and Budget shall not include 
     amounts made available under subsections (b) or (c) of 
     section 201 or title III during a fiscal year in determining 
     whether there has been a breach of the discretionary spending 
     limits under the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900 et seq.) during the fiscal 
     year.
                                 ______
                                 
  SA 126. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       In section 2 of the amendment, strike subsection (e) and 
     insert the following:
       (e) Private Property Protection.--Land or an interest in 
     land for the pipeline and cross-border facilities described 
     in subsection (a) may only be acquired consistently with the 
     Constitution.
                                 ______
                                 
  SA 127. Mr. SCOTT submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                         TITLE II--LEASE SALES

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Ocean Energy Management.
       (2) Qualified revenues.--The term ``qualified revenues'' 
     means all bonus bids, rentals, royalties, and other sums due 
     and payable to the United States from all leases entered into 
     after the date of enactment of this Act that cover an area in 
     the South Atlantic planning area.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) South atlantic planning area.--The term ``South 
     Atlantic planning area'' means the area of the outer 
     Continental Shelf (as defined in section 2 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331)) that is located 
     between the northern lateral seaward administrative boundary 
     of the Commonwealth of Virginia and the southernmost lateral 
     seaward administrative boundary of the State of Georgia.
       (5) State.--The term ``State'' means any of the following 
     States:
       (A) Georgia.
       (B) North Carolina.
       (C) South Carolina.
       (D) Virginia.

     SEC. 202. ENHANCING STATE RIGHTS.

       (a) In General.--The Secretary shall promulgate regulations 
     that establish management of the surface occupancy of each 
     portion of the South Atlantic planning area for the 
     applicable coastline of a State for any lease sale authorized 
     under this Act to the effect that--
       (1) the applicable State shall have sole authority to 
     restrict or allow surface facilities above the waterline for 
     the purpose of production of oil or gas resources in any area 
     that is within 12 nautical miles seaward from the coastline 
     of the State;
       (2) unless permanent surface occupancy is authorized by a 
     State, only sub-surface production facilities may be 
     installed in areas that are located between the point that is 
     12 nautical miles from seaward from the coastline of the 
     State and the point that is 20 nautical miles seaward from 
     the coastline of the State;
       (3) new offshore production facilities are encouraged and 
     the impacts on coastal vistas are minimized, to the maximum 
     extent practical; and
       (4) onshore facilities that facilitate the development and 
     production of the oil and gas resources of the South Atlantic 
     planning area within 12 nautical miles seaward of the 
     coastline of a State are allowed.
       (b) Temporary Activities Not Affected.--Nothing in the 
     regulations described in subsection (a) shall restrict, or 
     give the States authority to restrict, temporary surface 
     activities related to operations associated with outer 
     Continental Shelf oil and gas leases.

     SEC. 203. REINSTATEMENT OF VIRGINIA LEASE SALE 220.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall conduct Lease Sale 220 (as described 
     in the notice of intent to prepare an environmental impact 
     statement dated November 13, 2008 (73 Fed. Reg. 67201)).

     SEC. 204. SOUTH CAROLINA LEASE SALE.

       Notwithstanding the exclusion of the South Atlantic 
     planning area in the outer Continental Shelf leasing program 
     for fiscal years 2012-2017 prepared under section 18 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1344), the 
     Secretary shall conduct a lease sale not later than 2 years 
     after the date of enactment of this Act in areas off the 
     coast of the State of South Carolina--
       (1) determined by the Secretary to have the most 
     geologically promising hydrocarbon resources; and
       (2) that constitute not less than 25 percent of the 
     leasable area located within the offshore administrative 
     boundaries of the State of South Carolina depicted in the 
     notice entitled ``Federal Outer Continental Shelf (OCS) 
     Administrative Boundaries Extending from the Submerged Lands 
     Act Boundary seaward to the Limit of the United States Outer 
     Continental Shelf'', published January 3, 2006 (71 Fed. Reg. 
     127).

     SEC. 205. ENVIRONMENTAL IMPACT STATEMENT.

       The Secretary shall complete a multisale environmental 
     impact statement for each lease sale conducted under this 
     title.

     SEC. 206. SOUTH ATLANTIC PLANNING AREA LEASE SALES.

       (a) In General.--The Secretary shall conduct 3 lease sales 
     in the South Atlantic planning area before June 30, 2017, in 
     areas--
       (1) to be determined by the Secretary based on--
       (A) analysis by the Bureau of Ocean Energy Management; and
       (B) industry nomination; and
       (2) determined by the Secretary to contain the most 
     hydrocarbon resource potential.
       (b) 2017-2022 Leasing Program.--The Secretary shall--
       (1) include the South Atlantic planning area in the outer 
     Continental Shelf leasing program for fiscal years 2017-2022 
     prepared under section 18 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1344); and
       (2) conduct 1 lease sale in the South Atlantic planning 
     area during each year of the program, for a total of 5 lease 
     sales.

     SEC. 207. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS.

       (a) In General.--In recognition that the outer Continental 
     Shelf oil and gas leasing program and the domestic energy 
     resources produced under the program are integral to national 
     security, the Secretary and the Secretary of Defense shall 
     work jointly in implementing lease sales under this Act--
       (1) to preserve the ability of the Armed Forces of the 
     United States to maintain an optimum state of readiness 
     through the continued use of the outer Continental Shelf; and
       (2) to allow effective exploration, development, and 
     production of the oil, gas, and renewable energy resources of 
     the United States.
       (b) Prohibition on Conflicts With Military Operations.--No 
     person may engage in any exploration, development, or 
     production of oil or natural gas on the outer Continental 
     Shelf under a lease issued under this Act that would conflict 
     with any military operation, as determined in accordance 
     with--
       (1) the agreement entitled ``Memorandum of Agreement 
     between the Department of Defense and the Department of the 
     Interior on Mutual Concerns on the Outer Continental Shelf'' 
     signed July 20, 1983; and

[[Page S442]]

       (2) any revision or replacement for the agreement described 
     in paragraph (1) that is agreed to by the Secretary of 
     Defense and the Secretary after that date but before the date 
     of issuance of the lease under which the exploration, 
     development, or production is conducted.

     SEC. 208. REVENUE SHARING AND DEFICIT REDUCTION.

       Notwithstanding section 9 of the Outer Continental Shelf 
     Lands Act (43 U.S.C. 1338), each fiscal year the Secretary 
     shall deposit--
       (1) 37.5 percent of the qualified revenues in a special 
     account in the Treasury, from which the Secretary shall 
     allocate amounts in accordance with section 209;
       (2) 12.5 percent of the qualified revenues dedicated 
     towards deficit reduction; and
       (3) 50 percent of the qualified revenues in the general 
     fund of the Treasury.

     SEC. 209. ALLOCATION TO STATES.

       (a) In General.--Of the qualified revenues deposited in the 
     account under section 208(1), 37.5 percent shall be 
     distributed to each State--
       (1) using the formula established under subsection (b); and
       (2) in amounts that are inversely proportional to the 
     respective distances between the point on the coastline of 
     each State that is closest to the geographic center of the 
     applicable leased tract and the geographic center of the 
     leased tract.
       (b) Formula.--The formula used to make the calculation 
     under subsection (a) shall be--
       (1) established by the Secretary by regulation; and
       (2) modeled after the final rule entitled ``Allocation and 
     Disbursement of Royalties, Rentals, and Bonuses--Oil and Gas, 
     Offshore'', dated December 23, 2008 (73 Fed. Reg. 78622).
       (c) Minimum Allocation.--Each State shall be entitled to an 
     amount equal to not less than 10 percent of the qualified 
     revenues allocated under subsection (a).
       (d) Use of Funds.--A State receiving amounts under this 
     section may use the amounts in accordance with State law.
                                 ______
                                 
  SA 128. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall not take effect until the President 
     determines that the Administrator of the Environmental 
     Protection Agency, in consultation with other relevant 
     Federal agencies, has completed a comprehensive study 
     analyzing the human health impacts of the pipeline described 
     in section 2(a), including--
       (1) increased air pollution in communities near refineries 
     that will process the up to 830,000 barrels per day of tar 
     sands crude that will be transported through the pipeline, 
     including assessment of the cumulative air pollution impacts 
     on the communities;
       (2) increased exposure of communities to particulate matter 
     and heavy metals from the disposal, storage, and use of 
     petroleum coke that results from the refining of the tar 
     sands crude that will be transported through the pipeline; 
     and
       (3) increased exposures in communities to benzene, volatile 
     organic compounds, hydrogen sulfide, and other toxic 
     substances that may result from spills or the contamination 
     of water supplies from tar sands crude transported through 
     the pipeline.
                                 ______
                                 
  SA 129. Mr. BOOKER (for himself, Ms. Cantwell, and Mrs. Boxer) 
submitted an amendment intended to be proposed by him to the bill S. 1, 
to approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       In section 2, strike subsection (b) and insert the 
     following:
       (b) Environmental Impact Statement.--
       (1) In general.--Except as provided in paragraph (2), the 
     Final Supplemental Environmental Impact Statement issued by 
     the Secretary of State in January 2014, regarding the 
     pipeline referred to in subsection (a), and the environmental 
     analysis, consultation, and review described in that document 
     (including appendices) shall be considered to fully satisfy--
       (A) all requirements of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       (B) any other provision of law that requires Federal agency 
     consultation or review (including the consultation or review 
     required under section 7(a) of the Endangered Species Act of 
     1973 (16 U.S.C. 1536(a))) with respect to the pipeline and 
     facilities referred to in subsection (a).
       (2) Savings clause.--Nothing in paragraph (1) relieves any 
     Federal agency of the obligation of the Federal agency to 
     comply with the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the obligation of the Federal 
     agency to prepare a supplement to the final supplemental 
     environmental impact statement described in paragraph (1) in 
     connection with the issuance of any permit or authorization 
     needed to construct, connect, operate, or maintain the 
     pipeline and cross-border facilities described in subsection 
     (a) if there are significant new circumstances or information 
     relevant to environmental concerns and bearing on the 
     environmental impacts resulting from the construction, 
     connection, operation, and maintenance of the pipeline and 
     cross-border facilities, including from greenhouse gas 
     emissions associated with the crude oil being transported by 
     the pipeline.
                                 ______
                                 
  SA 130. Mrs. BOXER (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2 proposed by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       On page 2, strike lines 20 through 23 and insert the 
     following:
       (c) Permit Savings Clause.--Nothing in this Act shall 
     affect the status of any Federal permit or authorization 
     issued before the date of enactment of this Act for the 
     pipeline and cross-border facilities referred to in 
     subsection (a).
                                 ______
                                 
  SA 131. Ms. CANTWELL (for herself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 2 proposed by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve 
the Keystone XL Pipeline; which was ordered to lie on the table; as 
follows:

       In section 2(a), strike the period at the end and insert 
     the following:
     , subject to--
       (1) all applicable laws (including regulations);
       (2) all mitigation measures that are required in permits 
     issued by permitting agencies; and
       (3) all project-specific special conditions listed in 
     Appendix Z of the Final Supplemental Environmental Impact 
     Statement issued by the Secretary of State in January 2014.
                                 ______
                                 
  SA 132. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS ON THE DESIGNATION OF NATIONAL 
                   MONUMENTS.

       It is the sense of Congress that the designation of 
     National Monuments should be subject to--
       (1) consultation with each unit of local government within 
     the boundaries of which the proposed National Monument is to 
     be located; and
       (2) the approval by the Governor and legislature of each 
     State within the boundaries of which the proposed National 
     Monument is to be located.
                                 ______
                                 
  SA 133. Ms. HEITKAMP (for herself, Mr. Donnelly, and Mr. Coons) 
submitted an amendment intended to be proposed to amendment SA 2 
proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, 
to approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. _. SENSE OF CONGRESS REGARDING 5-YEAR EXTENSION OF 
                   CREDITS WITH RESPECT TO FACILITIES PRODUCING 
                   ENERGY FROM CERTAIN RENEWABLE RESOURCES.

       (a) Findings.--Congress finds that--
       (1) the energy policy of the United States is based on an 
     all-of-the-above approach to production sources;
       (2) an all-of-the-above approach reduces dependence on 
     foreign oil, increases national security and creates jobs;
       (3) smart investments in renewable resources are critical 
     to increase the energy independence of the United States, 
     reduce emissions, and create jobs;
       (4) wind energy is a critical component of an all-of-the-
     above energy policy and has a proven track record of creating 
     jobs, reducing emissions, and provides an alternative and 
     compatible energy resource to the existing generation 
     infrastructure of the United States;
       (5) the wind energy industry and utilities require long-
     term certainty regarding the Production Tax Credit for 
     project planning in order to continue build out of this 
     valuable natural resource; and
       (6) the stop-start unpredictability of short-term 
     Production Tax Credit extensions should be avoided, as short-
     term extensions have disrupted the wind industry, slowing the 
     ability of the wind industry to cut costs,

[[Page S443]]

     as compared to what would have occurred with a long-term, 
     predictable policy in place.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) section 45(d) of the Internal Revenue Code of 1986 
     should be amended by striking ``January 1, 2015'' each place 
     it appears and inserting ``January 1, 2020'' in--
       (A) paragraph (1);
       (B) paragraph (2)(A);
       (C) paragraph (3)(A);
       (D) paragraph (4)(B);
       (E) paragraph (6);
       (F) paragraph (7);
       (G) paragraph (9); and
       (H) paragraph (11)(B);
       (2) clause (ii) of section 48(a)(5)(C) should be amended by 
     striking ``January 1, 2015'' and inserting ``January 1, 
     2020''; and
       (3) the amendments that would be made by paragraphs (1) and 
     (2) should take effect on January 1, 2015.
                                 ______
                                 
  SA 134. Mr. MARKEY submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF THE WIND PRODUCTION TAX CREDIT.

       This Act shall not take effect prior to the date that, 
     pursuant to an Act of Congress, the credit allowed under 
     section 45 of the Internal Revenue Code of 1986 is extended 
     for a period of not less than 5 years for facilities 
     described in subsection (d)(1) of such section.
                                 ______
                                 
  SA 135. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION PROGRAM.

       (a) Definition of Full Funding Amount.--Section 3(11) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7102(11)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C)--
       (A) by striking ``fiscal year 2012 and each fiscal year 
     thereafter'' and inserting ``each of fiscal years 2012 and 
     2013''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(D) for fiscal year 2014 and each fiscal year thereafter, 
     the amount that is equal to the full funding amount for 
     fiscal year 2013.''.
       (b) Secure Payments for States and Counties Containing 
     Federal Land.--
       (1) Availability of payments.--Section 101 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7111) is amended by striking ``2013'' each place 
     it appears and inserting ``2014''.
       (2) Elections.--Section 102(b) of the Secure Rural Schools 
     and Community Self-Determination Act of 2000 (16 U.S.C. 
     7112(b)) is amended--
       (A) in paragraph (1)(A), by striking ``by August 1, 2013 
     (or as soon thereafter as the Secretary concerned determines 
     is practicable), and August 1 of each second fiscal year 
     thereafter'' and inserting ``by August 1 of each applicable 
     fiscal year (or as soon thereafter as the Secretary concerned 
     determines is practicable)''; and
       (B) in paragraph (2)(B), by striking ``2013'' each place it 
     appears and inserting ``2014''.
       (3) Election as to use of balance.--Section 102(d)(1) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7112(d)(1)) is amended--
       (A) in subparagraph (B)(ii), by striking ``not more than 7 
     percent of the total share for the eligible county of the 
     State payment or the county payment'' and inserting ``any 
     portion of the balance''; and
       (B) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Counties with major distributions.--In the case of 
     each eligible county to which $350,000 or more is distributed 
     for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of 
     subsection (a), the eligible county shall elect to do 1 or 
     more of the following with the balance of any funds not 
     expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return the portion of the balance not reserved 
     under clauses (i) and (ii) to the Treasury of the United 
     States.''.
       (4) Notification of election.--Section 102(d)(3)(A) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)(3)(A)) is amended by striking 
     ``2012,'' and inserting ``2014 (or as soon thereafter as the 
     Secretary concerned determines is practicable)''.
       (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking 
     ``purpose described in section 202(b)'' and inserting 
     ``purposes described in section 202(b), 203(c), or 
     204(a)(5)''.
       (6) Distribution of payments to eligible counties.--Section 
     103(d)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended 
     by striking ``2013'' and inserting ``2014''.
       (c) Continuation of Authority to Conduct Special Projects 
     on Federal Land.--
       (1) Submission of project proposals.--Section 203(a)(1) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7123(a)(1)) is amended by striking 
     ``September 30 for fiscal year 2008 (or as soon thereafter as 
     the Secretary concerned determines is practicable), and each 
     September 30 thereafter for each succeeding fiscal year 
     through fiscal year 2013'' and inserting ``September 30 of 
     each applicable fiscal year (or as soon thereafter as the 
     Secretary concerned determines is practicable)''.
       (2) Evaluation and approval of projects by secretary 
     concerned.--Section 204(e) of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) 
     is amended by striking paragraph (3).
       (3) Resource advisory committees.--Section 205(a)(4) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' 
     each place it appears and inserting ``2015''.
       (4) Availability of project funds.--Section 207(a) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7127(a)) is amended by striking ``September 
     30, 2008 (or as soon thereafter as the Secretary concerned 
     determines is practicable), and each September 30 thereafter 
     for each succeeding fiscal year through fiscal year 2013'' 
     and inserting ``September 30 of each applicable fiscal year 
     (or as soon thereafter as the Secretary concerned determines 
     is practicable)''.
       (5) Termination of authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (A) in subsection (a), by striking ``2013'' and inserting 
     ``2014 (or as soon thereafter as the Secretary concerned 
     determines is practicable)''; and
       (B) in subsection (b), by striking ``2014'' and inserting 
     ``2016''.
       (d) Continuation of Authority to Reserve and Use County 
     Funds.--Section 304 of the Secure Rural Schools and Community 
     Self-Determination Act of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2013'' and inserting 
     ``2014 (or as soon thereafter as the Secretary concerned 
     determines is practicable)''; and
       (2) in subsection (b), by striking ``September 30, 2014, 
     shall be returned to the Treasury of the United States'' and 
     inserting ``September 30, 2015, may be retained by the 
     counties for the purposes identified in section 302(a)(2)''.
       (e) Authorization of Appropriations.--Section 402 of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7152) is amended by inserting ``and fiscal 
     year 2015 for payments to States and counties for fiscal year 
     2014'' before the period at the end.
       (f) Availability of Funds.--
       (1) Title ii funds.--Any funds that were not obligated as 
     required by section 208 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7128) (as 
     in effect on the day before the date of enactment of this 
     Act) shall be available for use in accordance with title II 
     of that Act (16 U.S.C. 7121 et seq.).
       (2) Title iii funds.--Any funds that were not obligated as 
     required by section 304 of the Secure Rural Schools and 
     Community Self-Determination Act of 2000 (16 U.S.C. 7144) (as 
     in effect on the day before the date of enactment of this 
     Act) shall be available for use in accordance with title III 
     of that Act (16 U.S.C. 7141 et seq.).
                                 ______
                                 
  SA 136. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESTORING MANDATORY FUNDING STATUS TO PAYMENT IN 
                   LIEU OF TAXES.

       (a) Permanent Payment.--Section 6906 of title 31, United 
     States Code, is amended in the matter preceding paragraph 
     (1), by striking ``of fiscal years 2008 through 2014'' and 
     inserting ``fiscal year''.
                                 ______
                                 
  SA 137. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. EFFECTIVE DATE.

       This Act shall not take effect prior to the date that, 
     pursuant to an Act of Congress, the limit on liability with 
     respect to offshore oil spills is modified to be unlimited.
                                 ______
                                 
  SA 138. Mr. MARKEY submitted an amendment intended to be proposed to

[[Page S444]]

amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. EFFECTIVE DATE.

       This Act shall not take effect prior to the date that, 
     pursuant to an Act of Congress, the following tax breaks are 
     repealed for major integrated oil companies (as that term is 
     defined in section 167(h)(5)(B) of the Internal Revenue Code 
     of 1986):
       (1) Percentage depletion allowances under sections 613 and 
     613A of the Internal Revenue Code of 1986.
       (2) The domestic production activities deduction under 
     section 199 of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 139. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. __. EFFECTIVE DATE.

       Notwithstanding subsections (2)(a) and (2)(b), this Act 
     shall not take effect until any consultation, analysis or 
     review required by the National Environmental Policy Act, 
     Endangered Species Act, or any other provision of law that 
     requires Federal agency consultation or review, is completed 
     with respect to whether increased greenhouse gas emissions, 
     including the indirect greenhouse gas emissions over the 
     lifecycle of oil sands crude oil production, and 
     transportation from the diluted bitumen and other bituminous 
     mixtures derived from tar sands or oil sands transported 
     through the pipeline, described in section 2(a), are likely 
     to contribute to any of the following:
       (1) Increased water temperatures.
       (2) Significant migration of economically important species 
     from United States waters.
       (3) A decrease in the productivity of United States 
     fisheries and ecosystems.
       (4) An increase in diseases affecting United States 
     fisheries and humans.
                                 ______
                                 
  SA 140. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. __. EFFECTIVE DATE.

       Notwithstanding subsections (2)(a) and (2)(b), this Act 
     shall not take effect until any consultation, analysis or 
     review required by the National Environmental Policy Act, 
     Endangered Species Act, or any other provision of law that 
     requires Federal agency consultation or review, is completed 
     with respect to whether increased greenhouse gas emissions, 
     including the indirect greenhouse gas emissions over the 
     lifecycle of oil sands crude oil production, and 
     transportation from the diluted bitumen and other bituminous 
     mixtures derived from tar sands or oil sands transported 
     through the pipeline, described in section 2(a), are likely 
     to contribute to higher sea levels.
                                 ______
                                 
  SA 141. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. __. EFFECTIVE DATE.

       Notwithstanding subsections (2)(a) and (2)(b), this Act 
     shall not take effect until any consultation, analysis or 
     review required by the National Environmental Policy Act, 
     Endangered Species Act, or any other provision of law that 
     requires Federal agency consultation or review, is completed 
     with respect to whether increased greenhouse gas emissions, 
     including the indirect greenhouse gas emissions over the 
     lifecycle of oil sands crude oil production, and 
     transportation from the diluted bitumen and other bituminous 
     mixtures derived from tar sands or oil sands transported 
     through the pipeline, described in section 2(a), are likely 
     to contribute to an increase in more extreme weather events.
                                 ______
                                 
  SA 142. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

     SEC. __.

       This Act shall not take effect prior to the date that, 
     pursuant to an Act of Congress, an adaptation fund is 
     established for State and Indian tribes that funds projects 
     to build resilience to the impacts of climate change, 
     including--
       (A) extreme weather events such as flooding and tropical 
     cyclones;
       (B) more frequent heavy precipitation events;
       (C) loss of snowpack and Arctic land and sea ice;
       (D) water scarcity and adverse impacts on water quality;
       (E) stronger and longer heat waves;
       (F) more frequent and severe droughts;
       (G) rises in sea level;
       (H) ecosystem disruption;
       (I) increased air pollution; and
       (J) effects on public health.
                                 ______
                                 
  SA 143. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. QUARTERLY JOBS REPORTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, and not less frequently than once 
     every 90 days thereafter during the period described in 
     subsection (b), the Secretary of Labor shall prepare and 
     submit to Congress a report that describes, for the period 
     covered by the report, the quantity of construction, 
     operations, and maintenance jobs--
       (1) directly associated with the Keystone XL Pipeline 
     described in section 1, in accordance with section ES4.3.1 of 
     the final environmental impact statement issued by the 
     Secretary of State referred to in section 1(c); or
       (2) in the renewable energy development and production 
     sectors (including wind energy, solar energy, geothermal 
     energy, biomass and biofuels, and hydropower) of the United 
     States.
       (b) Description of Period.--The period referred to in 
     subsection (a) is the 6-year period beginning on the date of 
     enactment of this Act.

                          ____________________