[Congressional Record Volume 161, Number 92 (Wednesday, June 10, 2015)]
[Senate]
[Pages S4035-S4036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1982. Mr. GARDNER (for himself and Mr. Coons) submitted an 
amendment intended to be proposed to amendment SA 1463 proposed by Mr. 
McCain to the bill H.R. 1735, to authorize appropriations for fiscal 
year 2016 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe

[[Page S4036]]

military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Energy Management Requirements.--Section 543(f)(4) of 
     the National Energy Conservation Policy Act (42 U.S.C. 
     8253(f)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) by striking ``Not later than'' and inserting the 
     following:
       ``(A) In general.--Not later than''; and
       (3) by adding at the end the following:
       ``(B) Measures not implemented in department of defense 
     facilities.--Each energy manager of a Department of Defense 
     facility, as part of the certification system under paragraph 
     (7) and using guidelines developed by the Secretary, shall 
     provide an explanation regarding any life-cycle cost-
     effective measures described in subparagraph (A)(i) that have 
     not been implemented with respect to the Department of 
     Defense facility.''.
       (b) Reports.--Section 548(b) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) in the case of Department of Defense facilities--
       ``(A) the status of the energy savings performance 
     contracts and utility energy service contracts of each 
     agency;
       ``(B) the investment value of the contracts;
       ``(C) the guaranteed energy savings for the previous year 
     as compared to the actual energy savings for the previous 
     year;
       ``(D) the plan for entering into the contracts in the 
     coming year; and
       ``(E) information explaining why any previously submitted 
     plans for the contracts were not implemented.''.
       (c) Definition of Energy Conservation Measures.--Section 
     551(4) of the National Energy Conservation Policy Act (42 
     U.S.C. 8259(4)) is amended by striking ``or retrofit 
     activities'' and inserting ``retrofit activities, or, in the 
     case of Department of Defense facilities, energy consuming 
     devices and required support structures''.
       (d) Authority to Enter Into Contracts.--Section 
     801(a)(2)(F) of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287(a)(2)(F)) is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) in the case of the Department of Defense, limit the 
     recognition of operation and maintenance savings associated 
     with systems modernized or replaced with the implementation 
     of energy conservation measures, water conservation measures, 
     or any combination of energy conservation measures and water 
     conservation measures.''.
       (e) Miscellaneous Authority.--Section 801(a)(2) of the 
     National Energy Conservation Policy Act (42 U.S.C. 
     8287(a)(2)) is amended by adding at the end the following:
       ``(H) Miscellaneous authority.--Notwithstanding any other 
     provision of law, the Secretary of Defense may sell or 
     transfer energy savings and apply the proceeds of the sale or 
     transfer to fund a contract under this title.''.
       (f) Payment of Costs.--Section 802 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287a) is amended by 
     striking ``(and related operation and maintenance expenses)'' 
     and inserting ``, including, in the case of the Department of 
     Defense, related operations and maintenance expenses''.
       (g) Definition of Energy Savings.--Section 804(2) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``federally owned 
     building or buildings or other federally owned facilities'' 
     and inserting ``Federal building (as defined in section 
     551)'' each place it appears;
       (2) in subparagraph (C) , by striking ``; and'' and 
     inserting a semicolon;
       (3) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(E) in the case of the Department of Defense--
       ``(i) the use, sale, or transfer of energy incentives, 
     rebates, or credits (including renewable energy credits) from 
     Federal, State, or local governments or utilities; and
       ``(ii) any revenue generated from a reduction in energy or 
     water use, more efficient waste recycling, or additional 
     energy generated from more efficient equipment.''.
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