[Congressional Record Volume 161, Number 11 (Thursday, January 22, 2015)]
[Senate]
[Page S436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
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