[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S351-S398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3042. Mr. ISAKSON (for himself, Mr. Bennet, Mr. Portman, and Mrs. 
Shaheen) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

                          Subtitle F--Housing

     SEC. 1501. DEFINITIONS.

       In this subtitle, the following definitions shall apply:
       (1) Covered loan.--The term ``covered loan'' means a loan 
     secured by a home that is insured by the Federal Housing 
     Administration.
       (2) Homeowner.--The term ``homeowner'' means the mortgagor 
     under a covered loan.
       (3) Mortgagee.--The term ``mortgagee'' means--
       (A) an original lender under a covered loan or the holder 
     of a covered loan at the time at which that mortgage 
     transaction is consummated;
       (B) any affiliate, agent, subsidiary, successor, or 
     assignee of an original lender under a covered loan or the 
     holder of a covered loan at the time at which that mortgage 
     transaction is consummated;
       (C) any servicer of a covered loan; and
       (D) any subsequent purchaser, trustee, or transferee of any 
     covered loan issued by an original lender.
       (4) Servicer.--The term ``servicer'' means the person or 
     entity responsible for the servicing of a covered loan, 
     including the person or entity who makes or holds a covered 
     loan if that person or entity also services the covered loan.
       (5) Servicing.--The term ``servicing'' has the meaning 
     given the term in section 6(i) of the Real Estate Settlement 
     Procedures Act of 1974 (12 U.S.C. 2605(i)).

     SEC. 1502. ENHANCED ENERGY EFFICIENCY UNDERWRITING CRITERIA.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall, in consultation with the advisory group 
     established in section 1505(b), develop and issue guidelines 
     for the Federal Housing Administration to implement enhanced 
     loan eligibility requirements, for use when testing the 
     ability of a loan applicant to repay a covered loan, that 
     account for the expected energy cost savings for a loan 
     applicant at a subject property, in the manner set forth in 
     subsections (b) and (c).
       (b) Requirements to Account for Energy Cost Savings.--The 
     enhanced loan eligibility requirements under subsection (a) 
     shall require that, for all covered loans for which an energy 
     efficiency report is voluntarily provided to the mortgagee by 
     the mortgagor, the Federal Housing Administration and the 
     mortgagee shall take into consideration the estimated energy 
     cost savings expected for the owner of the subject property 
     in determining whether the loan applicant has sufficient 
     income to service the mortgage debt plus other regular 
     expenses. To the extent that the Federal Housing 
     Administration uses a test such as a debt-to-income test that 
     includes certain regular expenses, such as hazard insurance 
     and property taxes, the expected energy cost savings shall be 
     included as an offset to these expenses. Energy costs to be 
     assessed include the cost of electricity, natural gas, oil, 
     and any other fuel regularly used to supply energy to the 
     subject property.
       (c) Determination of Estimated Energy Cost Savings.--
       (1) In general.--The guidelines to be issued under 
     subsection (a) shall include instructions for the Federal 
     Housing Administration to calculate estimated energy cost 
     savings using--
       (A) the energy efficiency report;
       (B) an estimate of baseline average energy costs; and
       (C) additional sources of information as determined by the 
     Secretary of Housing and Urban Development.
       (2) Report requirements.--For the purposes of paragraph 
     (1), an energy efficiency report shall--
       (A) estimate the expected energy cost savings specific to 
     the subject property, based on specific information about the 
     property;
       (B) be prepared in accordance with the guidelines to be 
     issued under subsection (a); and
       (C) be prepared--
       (i) in accordance with the Residential Energy Service 
     Network's Home Energy Rating System (commonly known as 
     ``HERS'') by an individual certified by the Residential 
     Energy Service Network, unless the Secretary of Housing and 
     Urban Development finds that the use of HERS does not further 
     the purposes of this subtitle;
       (ii) in accordance with the Alaska Housing Finance 
     Corporation energy rating system by an individual certified 
     by the Alaska Housing Finance Corporation as an authorized 
     Energy Rater; or
       (iii) by other methods approved by the Secretary of Housing 
     and Urban Development, in consultation with the Secretary and 
     the advisory group established in section 1505(b), for use 
     under this subtitle, which shall include a third-party 
     quality assurance procedure.
       (3) Use by appraiser.--If an energy efficiency report is 
     used under subsection (b), the energy efficiency report shall 
     be provided to the appraiser to estimate the energy 
     efficiency of the subject property and for potential 
     adjustments for energy efficiency.
       (d) Required Disclosure to Consumer for a Home With an 
     Energy Efficiency Report.--If an energy efficiency report is 
     used under subsection (b), the guidelines to be issued under 
     subsection (a) shall require the mortgagee to--
       (1) inform the loan applicant of the expected energy costs 
     as estimated in the energy efficiency report, in a manner and 
     at a time as prescribed by the Secretary of Housing and Urban 
     Development, and if practicable, in the documents delivered 
     at the time of loan application; and
       (2) include the energy efficiency report in the 
     documentation for the loan provided to the borrower.
       (e) Required Disclosure to Consumer for a Home Without an 
     Energy Efficiency Report.--If an energy efficiency report is 
     not used under subsection (b), the guidelines to be issued 
     under subsection (a) shall require the mortgagee to inform 
     the loan applicant in a manner and at a time as prescribed by 
     the Secretary of Housing and Urban Development, and if 
     practicable, in the documents delivered at the time of loan 
     application of--
       (1) typical energy cost savings that would be possible from 
     a cost-effective energy upgrade of a home of the size and in 
     the region of the subject property;
       (2) the impact the typical energy cost savings would have 
     on monthly ownership costs of a typical home;
       (3) the impact on the size of a mortgage that could be 
     obtained if the typical energy cost savings were reflected in 
     an energy efficiency report; and
       (4) resources for improving the energy efficiency of a 
     home.
       (f) Pricing of Loans.--
       (1) In general.--The Federal Housing Administration may 
     price covered loans originated under the enhanced loan 
     eligibility requirements required under this section in 
     accordance with the estimated risk of the loans.
       (2) Imposition of certain material costs, impediments, or 
     penalties.--In the absence of a publicly disclosed analysis 
     that demonstrates significant additional default risk or 
     prepayment risk associated with the loans, the Federal 
     Housing Administration shall not impose material costs, 
     impediments, or penalties on covered loans merely because the 
     loan uses an energy efficiency report or the enhanced loan 
     eligibility requirements required under this section.
       (g) Limitations.--
       (1) In general.--The Federal Housing Administration may 
     price covered loans originated under the enhanced loan 
     eligibility requirements required under this section in 
     accordance with the estimated risk of those loans.
       (2) Prohibited actions.--The Federal Housing Administration 
     shall not--
       (A) modify existing underwriting criteria or adopt new 
     underwriting criteria that intentionally negate or reduce the 
     impact of the requirements or resulting benefits that are set 
     forth or otherwise derived from the enhanced loan eligibility 
     requirements required under this section; or
       (B) impose greater buy back requirements, credit overlays, 
     or insurance requirements, including private mortgage 
     insurance, on covered loans merely because the loan uses an 
     energy efficiency report or the enhanced loan eligibility 
     requirements required under this section.
       (h) Applicability and Implementation Date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2019, the enhanced loan eligibility requirements 
     required under this section shall

[[Page S352]]

     be implemented by the Federal Housing Administration to--
       (1) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home;
       (2) be available on any residential real property 
     (including individual units of condominiums and cooperatives) 
     that qualifies for a covered loan; and
       (3) provide prospective mortgagees with sufficient guidance 
     and applicable tools to implement the required underwriting 
     methods.

     SEC. 1503. ENHANCED ENERGY EFFICIENCY UNDERWRITING VALUATION 
                   GUIDELINES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall--
       (1) in consultation with the Federal Financial Institutions 
     Examination Council and the advisory group established in 
     section 1505(b), develop and issue guidelines for the Federal 
     Housing Administration to determine the maximum permitted 
     loan amount based on the value of the property for all 
     covered loans made on properties with an energy efficiency 
     report that meets the requirements of section 1502(c)(2); and
       (2) in consultation with the Secretary, issue guidelines 
     for the Federal Housing Administration to determine the 
     estimated energy savings under subsection (c) for properties 
     with an energy efficiency report.
       (b) Requirements.--The enhanced energy efficiency 
     underwriting valuation guidelines required under subsection 
     (a) shall include--
       (1) a requirement that if an energy efficiency report that 
     meets the requirements of section 1502(c)(2) is voluntarily 
     provided to the mortgagee, such report shall be used by the 
     mortgagee or the Federal Housing Administration to determine 
     the estimated energy savings of the subject property; and
       (2) a requirement that the estimated energy savings of the 
     subject property be added to the appraised value of the 
     subject property by a mortgagee or the Federal Housing 
     Administration for the purpose of determining the loan-to-
     value ratio of the subject property, unless the appraisal 
     includes the value of the overall energy efficiency of the 
     subject property, using methods to be established under the 
     guidelines issued under subsection (a).
       (c) Determination of Estimated Energy Savings.--
       (1) Amount of energy savings.--The amount of estimated 
     energy savings shall be determined by calculating the 
     difference between the estimated energy costs for the average 
     comparable houses, as determined in guidelines to be issued 
     under subsection (a), and the estimated energy costs for the 
     subject property based upon the energy efficiency report.
       (2) Duration of energy savings.--The duration of the 
     estimated energy savings shall be based upon the estimated 
     life of the applicable equipment, consistent with the rating 
     system used to produce the energy efficiency report.
       (3) Present value of energy savings.--The present value of 
     the future savings shall be discounted using the average 
     interest rate on conventional 30-year mortgages, in the 
     manner directed by guidelines issued under subsection (a).
       (d) Ensuring Consideration of Energy Efficient Features.--
     Section 1110 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3339) is amended--
       (1) in paragraph (2), by striking ``; and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following:
       ``(4) that State certified and licensed appraisers have 
     timely access, whenever practicable, to information from the 
     property owner and the lender that may be relevant in 
     developing an opinion of value regarding the energy- and 
     water-saving improvements or features of a property, such 
     as--
       ``(A) labels or ratings of buildings;
       ``(B) installed appliances, measures, systems or 
     technologies;
       ``(C) blueprints;
       ``(D) construction costs;
       ``(E) financial or other incentives regarding energy- and 
     water-efficient components and systems installed in a 
     property;
       ``(F) utility bills;
       ``(G) energy consumption and benchmarking data; and
       ``(H) third-party verifications or representations of 
     energy and water efficiency performance of a property, 
     observing all financial privacy requirements adhered to by 
     certified and licensed appraisers, including section 501 of 
     the Gramm-Leach-Bliley Act (15 U.S.C. 6801).

     Unless a property owner consents to a lender, an appraiser, 
     in carrying out the requirements of paragraph (4), shall not 
     have access to the commercial or financial information of the 
     owner that is privileged or confidential.''.
       (e) Transactions Requiring State Certified Appraisers.--
     Section 1113 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 3342) is amended--
       (1) in paragraph (1), by inserting before the semicolon the 
     following: ``, or any real property on which the appraiser 
     makes adjustments using an energy efficiency report''; and
       (2) in paragraph (2), by inserting after before the period 
     at the end the following: ``, or an appraisal on which the 
     appraiser makes adjustments using an energy efficiency 
     report''.
       (f) Protections.--
       (1) Authority to impose limitations.--The guidelines to be 
     issued under subsection (a) shall include such limitations 
     and conditions as determined by the Secretary of Housing and 
     Urban Development to be necessary to protect against 
     meaningful under or over valuation of energy cost savings or 
     duplicative counting of energy efficiency features or energy 
     cost savings in the valuation of any subject property that is 
     used to determine a loan amount.
       (2) Additional authority.--At the end of the 7-year period 
     following the implementation of enhanced eligibility and 
     underwriting valuation requirements under this subtitle, the 
     Secretary of Housing and Urban Development may modify or 
     apply additional exceptions to the approach described in 
     subsection (b), where the Secretary of Housing and Urban 
     Development finds that the unadjusted appraisal will reflect 
     an accurate market value of the efficiency of the subject 
     property or that a modified approach will better reflect an 
     accurate market value.
       (g) Applicability and Implementation Date.--Not later than 
     3 years after the date of enactment of this Act, and before 
     December 31, 2019, the Federal Housing Administration shall 
     implement the guidelines required under this section, which 
     shall--
       (1) apply to any covered loan for the sale, or refinancing 
     of any loan for the sale, of any home; and
       (2) be available on any residential real property, 
     including individual units of condominiums and cooperatives, 
     that qualifies for a covered loan.

     SEC. 1504. MONITORING.

       Not later than 1 year after the date on which the enhanced 
     eligibility and underwriting valuation requirements are 
     implemented under this subtitle, and every year thereafter, 
     the Federal Housing Administration shall issue and make 
     available to the public a report that--
       (1) enumerates the number of covered loans of the Federal 
     Housing Administration for which there was an energy 
     efficiency report, and that used energy efficiency appraisal 
     guidelines and enhanced loan eligibility requirements;
       (2) includes the default rates and rates of foreclosures 
     for each category of loans; and
       (3) describes the risk premium, if any, that the Federal 
     Housing Administration has priced into covered loans for 
     which there was an energy efficiency report.

     SEC. 1505. RULEMAKING.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall prescribe regulations to carry out this 
     subtitle, in consultation with the Secretary and the advisory 
     group established in subsection (b), which may contain such 
     classifications, differentiations, or other provisions, and 
     may provide for such proper implementation and appropriate 
     treatment of different types of transactions, as the 
     Secretary of Housing and Urban Development determines are 
     necessary or proper to effectuate the purposes of this 
     subtitle, to prevent circumvention or evasion thereof, or to 
     facilitate compliance therewith.
       (b) Advisory Group.--To assist in carrying out this 
     subtitle, the Secretary of Housing and Urban Development 
     shall establish an advisory group, consisting of individuals 
     representing the interests of--
       (1) mortgage lenders;
       (2) appraisers;
       (3) energy raters and residential energy consumption 
     experts;
       (4) energy efficiency organizations;
       (5) real estate agents;
       (6) home builders and remodelers;
       (7) State energy officials; and
       (8) others as determined by the Secretary of Housing and 
     Urban Development.

     SEC. 1506. ADDITIONAL STUDY.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Housing and Urban 
     Development shall reconvene the advisory group established in 
     section 1505(b), in addition to water and locational 
     efficiency experts, to advise the Secretary of Housing and 
     Urban Development on the implementation of the enhanced 
     energy efficiency underwriting criteria established in 
     sections 1502 and 1503.
       (b) Recommendations.--The advisory group established in 
     section 1505(b) shall provide recommendations to the 
     Secretary of Housing and Urban Development on any revisions 
     or additions to the enhanced energy efficiency underwriting 
     criteria deemed necessary by the group, which may include 
     alternate methods to better account for home energy costs and 
     additional factors to account for substantial and regular 
     costs of homeownership such as location-based transportation 
     costs and water costs. The Secretary of Housing and Urban 
     Development shall forward any legislative recommendations 
     from the advisory group to Congress for its consideration.
                                 ______
                                 
  SA 3043. Mr. HELLER (for himself, Mr. Heinrich, Mr. Risch, Mr. Wyden, 
Mr. Udall, Mr. Tester, Mr. Bennet, Mr. Daines, and Mr. Gardner) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S.

[[Page S353]]

2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 244, between lines 13 and 14, insert the following:

Subpart B--Development of Geothermal, Solar, and Wind Energy on Public 
                                  Land

    CHAPTER 1--EXTENSION OF FUNDING FOR GEOTHERMAL STEAM ACT OF 1970

     SEC. 3011A. EXTENSION OF FUNDING FOR IMPLEMENTATION OF 
                   GEOTHERMAL STEAM ACT OF 1970.

       (a) In General.--Section 234(a) of the Energy Policy Act of 
     2005 (42 U.S.C. 15873(a)) is amended by striking ``in the 
     first 5 fiscal years beginning after the date of enactment of 
     this Act'' and inserting ``through fiscal year 2020''.
       (b) Authorization.--Section 234(b) of the Energy Policy Act 
     of 2005 (42 U.S.C. 15873(b)) is amended--
       (1) by striking ``Amounts'' and inserting the following:
       ``(1) In general.--Amounts''; and
       (2) by adding at the end the following:
       ``(2) Authorization.--Effective for fiscal year 2017 and 
     each fiscal year thereafter, amounts deposited under 
     subsection (a) shall be available to the Secretary of the 
     Interior for expenditure, subject to appropriation and 
     without fiscal year limitation, to implement the Geothermal 
     Steam Act of 1970 (30 U.S.C. 1001 et seq.) and this Act.''.

CHAPTER 2--DEVELOPMENT OF GEOTHERMAL, SOLAR, AND WIND ENERGY ON PUBLIC 
                                  LAND

           Subchapter A--Environmental Reviews and Permitting

     SEC. 3011B. DEFINITIONS.

       In this subchapter:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A) public land administered by the Secretary; and
       (B) not excluded from the development of geothermal, solar, 
     or wind energy under--
       (i) a land use plan established under the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); 
     or
       (ii) other Federal law.
       (2) Director.--The term ``Director'' means the Director of 
     the Bureau of Land Management.
       (3) Exclusion area.--The term ``exclusion area'' means 
     covered land that is identified by the Bureau of Land 
     Management as not suitable for development of renewable 
     energy projects.
       (4) Priority area.--The term ``priority area'' means 
     covered land identified by the land use planning process of 
     the Bureau of Land Management as being a preferred location 
     for a renewable energy project.
       (5) Renewable energy project.--The term ``renewable energy 
     project'' means a project carried out on covered land that 
     uses wind, solar, or geothermal energy to generate energy.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Variance area.--The term ``variance area'' means 
     covered land that is--
       (A) not an exclusion area; and
       (B) not a priority area.

     SEC. 3011C. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC 
                   ENVIRONMENTAL IMPACT STATEMENTS.

       (a) Priority Areas.--
       (1) In general.--The Director, in consultation with the 
     Secretary of Energy, shall establish variance areas on 
     covered land for geothermal, solar, and wind energy projects.
       (2) Deadline.--
       (A) Geothermal energy.--For geothermal energy, the Director 
     shall establish priority areas as soon as practicable, but 
     not later than 5 years, after the date of enactment of this 
     Act.
       (B) Solar energy.--For solar energy, the 2012 western solar 
     plan of the Bureau of Land Management shall be considered to 
     establish priority areas for solar energy projects.
       (C) Wind energy.--For wind energy, the Director shall 
     establish priority areas as soon as practicable, but not 
     later than 3 years, after the date of enactment of this Act.
       (3) Review and modification.--Not less frequently than once 
     every 10 years, the Director shall--
       (A) review the adequacy of land allocations for geothermal, 
     solar, and wind energy priority and variance areas for the 
     purpose of encouraging new renewable energy development 
     opportunities; and
       (B) based on the review carried out under subparagraph (A), 
     add, modify, or eliminate priority, variance, and exclusion 
     areas.
       (b) Compliance With the National Environmental Policy 
     Act.--For purposes of this section, compliance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) shall be accomplished--
       (1) for geothermal energy, by supplementing the October 
     2008 final programmatic environmental impact statement for 
     geothermal leasing in the western United States;
       (2) for solar energy, by supplementing the July 2012 final 
     programmatic environmental impact statement for solar energy 
     projects; and
       (3) for wind energy, by supplementing the July 2005 final 
     programmatic environmental impact statement for wind energy 
     projects.
       (c) No Effect on Processing Applications.--A requirement to 
     prepare a supplement to a programmatic environmental impact 
     statement under this section shall not result in any delay in 
     processing an application for a renewable energy project.
       (d) Coordination.--In developing a supplement required by 
     this section, the Secretary shall coordinate, on an ongoing 
     basis, with appropriate State, tribal, and local governments, 
     transmission infrastructure owners and operators, developers, 
     and other appropriate entities to ensure that priority areas 
     identified by the Secretary are--
       (1) economically viable (including having access to 
     transmission);
       (2) likely to avoid or minimize conflict with habitat for 
     animals and plants, recreation, and other uses of covered 
     land; and
       (3) consistent with local planning efforts.
       (e) Removal From Classification.--In carrying out 
     subsections (a), (b), and (c), if the Secretary determines an 
     area previously suited for development should be removed from 
     priority or variance classification, not later than 90 days 
     after the date of the determination, the Secretary shall 
     submit to Congress a report on the determination.

     SEC. 3011D. ENVIRONMENTAL REVIEW ON COVERED LAND.

       (a) In General.--If the Director determines that a proposed 
     renewable energy project has been sufficiently analyzed by a 
     programmatic environmental impact statement conducted under 
     section 3011C(b), the head of the applicable Federal agency 
     shall not require any additional review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (b) Additional Environmental Review.--If the Director 
     determines that additional environmental review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is necessary for a proposed renewable energy project, 
     the head of the applicable Federal agency shall rely on the 
     analysis in the programmatic environmental impact statement 
     conducted under section 3011C(b), to the maximum extent 
     practicable when analyzing the potential impacts of the 
     project.

     SEC. 3011E. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT 
                   PERMIT COORDINATION.

       (a) Establishment.--The Secretary shall establish a program 
     to improve Federal permit coordination with respect to 
     renewable energy projects on covered land.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for purposes of this section 
     with--
       (A) the Secretary of Agriculture;
       (B) the Administrator of the Environmental Protection 
     Agency; and
       (C) the Chief of Engineers.
       (2) State participation.--The Secretary may request the 
     Governor of any interested State to be a signatory to the 
     memorandum of understanding under paragraph (1).
       (c) Intradepartmental Coordination.--The Secretary shall 
     establish an ombudsperson in the Office of the Secretary, who 
     shall be responsible for resolving intradepartmental disputes 
     between 2 or more of the following agencies:
       (1) The United States Fish and Wildlife Service.
       (2) The National Park Service.
       (3) The Bureau of Land Management.
       (d) Variance Areas.--
       (1) In general.--In carrying out subsections (b) and (c), 
     the heads of the Federal agencies described in those 
     subsections shall consider entering into agreements and 
     memoranda of understanding to expedite the environmental 
     analysis of applications for projects proposed on covered 
     land determined by the Secretary to be a variance area under 
     section 3011C.
       (2) Availability for renewable energy project 
     development.--To the maximum extent practicable, the variance 
     areas described in paragraph (1) shall be made available for 
     renewable energy project development, after completion of an 
     environmental impact statement or similar analysis required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including an environmental assessment 
     or finding of no significant impact under that Act, and 
     subject to the policies and procedures set forth by the 
     Secretary for evaluating variance applications in the 
     programmatic environmental impact statement described in 
     section 3011C(b).
       (e) Designation of Qualified Staff.--
       (1) In general.--Not later than 30 days after the date on 
     which the memorandum of understanding under subsection (b) is 
     executed, all Federal signatories, as appropriate, shall 
     assign to each of the field offices described in subsection 
     (f) an employee who has expertise in the regulatory issues 
     relating to the office in which the employee is employed, 
     including, as applicable, particular expertise in--
       (A) consultation regarding, and preparation of, biological 
     opinions under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536);
       (B) permits under section 404 of Federal Water Pollution 
     Control Act (33 U.S.C. 1344);
       (C) regulatory matters under the Clean Air Act (42 U.S.C. 
     7401 et seq.);
       (D) planning under section 14 of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a);
       (E) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (F) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); 
     and

[[Page S354]]

       (G) the preparation of analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (2) Duties.--Each employee assigned under paragraph (1) 
     shall--
       (A) not later than 90 days after the date of assignment, 
     report to field managers of the Bureau of Land Management in 
     the office to which the employee is assigned;
       (B) be responsible for addressing all issues relating to 
     the jurisdiction of the home office or agency of the 
     employee; and
       (C) participate as part of the team of personnel working on 
     proposed energy projects, planning, monitoring, inspection, 
     enforcement, and environmental analyses.
       (f) Field Offices.--The field offices referred to in 
     subsection (e)(1) shall include field offices of the Bureau 
     of Land Management in, at a minimum, the States of Arizona, 
     California, Colorado, Idaho, Montana, Nevada, New Mexico, 
     Oregon, Utah, Washington, and Wyoming.
       (g) Additional Personnel.--The Secretary shall assign to 
     each field office described in subsection (f) such additional 
     personnel as are necessary to ensure the effective 
     implementation of any programs administered by the field 
     offices, including inspection and enforcement relating to 
     renewable energy project development on covered land, in 
     accordance with the multiple use mandate of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
       (h) Report to Congress.--
       (1) In general.--Not later than February 1 of the first 
     fiscal year beginning after the date of enactment of this 
     Act, and each February 1 thereafter, the Secretary shall 
     submit to the Chairperson and Ranking Member of the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report describing the progress made 
     pursuant to the program under this chapter during the 
     preceding year.
       (2) Inclusions.--Each report under this subsection shall 
     include--
       (A) projections for renewable energy production and 
     capacity installations; and
       (B) a description of any problems relating to leasing, 
     permitting, siting, or production.

                 Subchapter B--Revenues and Enforcement

     SEC. 3011F. DEFINITIONS.

       In this subchapter:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A)(i) public land administered by the Secretary; or
       (ii) National Forest System land administered by the 
     Secretary of Agriculture; and
       (B) not excluded from the development of solar or wind 
     energy under--
       (i) a final land use plan established under the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.);
       (ii) a final land use plan established under the National 
     Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or
       (iii) other Federal law.
       (2) Federal land.--The term ``Federal land'' means--
       (A) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))); or
       (B) public land.
       (3) Fund.--The term ``Fund'' means the Renewable Energy 
     Resource Conservation Fund established by section 
     3011G(c)(1).
       (4) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (5) Secretaries.--The term ``Secretaries'' means--
       (A) in the case of public land administered by the 
     Secretary, the Secretary; and
       (B) in the case of National Forest System land administered 
     by the Secretary of Agriculture, the Secretary of 
     Agriculture.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3011G. DISPOSITION OF REVENUES.

       (a) Disposition of Revenues.--Beginning on January 1, 2017, 
     subject to the availability of appropriations, and without 
     fiscal year limitation, of the amounts collected as bonus 
     bids, rentals, fees, or other payments under a right-of-way, 
     permit, lease, or other authorization (other than under 
     section 504(g) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1764(g))) for the development of wind or 
     solar energy on covered land--
       (1) 25 percent shall be paid by the Secretary of the 
     Treasury to the State within the boundaries of which the 
     revenue is derived;
       (2) 25 percent shall be paid by the Secretary of the 
     Treasury to the 1 or more counties within the boundaries of 
     which the revenue is derived, to be allocated among the 
     counties based on the percentage of land from which the 
     revenue is derived;
       (3) to be deposited in the Treasury and be made available 
     to the Secretary to carry out the program established by 
     section 3011E, including the transfer of the funds by the 
     Bureau of Land Management to other Federal agencies and State 
     agencies to facilitate the processing of renewable energy 
     permits on Federal land, with priority given to using the 
     amounts, to the maximum extent practicable, to reducing the 
     backlog of renewable energy permits that have not been 
     processed in the State from which the revenues are derived--
       (A) 25 percent for each of fiscal years 2016 through 2030;
       (B) 22 percent for fiscal year 2031;
       (C) 19 percent for fiscal year 2032;
       (D) 16 percent for fiscal year 2033;
       (E) 13 percent for fiscal year 2034; and
       (F) 10 percent for fiscal year 2035 and each fiscal year 
     thereafter; and
       (4) to be deposited in the Renewable Energy Resource 
     Conservation Fund established by subsection (c)--
       (A) 25 percent for each of fiscal years 2016 through 2030;
       (B) 28 percent for fiscal year 2031;
       (C) 31 percent for fiscal year 2032;
       (D) 34 percent for fiscal year 2033;
       (E) 37 percent for fiscal year 2034; and
       (F) 40 percent for fiscal year 2035 and each fiscal year 
     thereafter.
       (b) Payments to States and Counties.--
       (1) In general.--Amounts paid to States and counties under 
     subsection (a) shall be used consistent with section 35 of 
     the Mineral Leasing Act (30 U.S.C. 191).
       (2) Payments in lieu of taxes.--A payment to a county under 
     paragraph (1) shall be in addition to a payment in lieu of 
     taxes received by the county under chapter 69 of title 31, 
     United States Code.
       (c) Renewable Energy Resource Conservation Fund.--
       (1) In general.--There is established in the Treasury a 
     fund, to be known as the ``Renewable Energy Resource 
     Conservation Fund'', to be administered by the Secretary, in 
     consultation with the Secretary of Agriculture, who may make 
     funds available to Secretary of Agriculture, Federal or State 
     agencies, or qualified third parties, to be distributed in a 
     region in which a renewable energy project is located on 
     Federal land, for the purposes of--
       (A) restoring and protecting--
       (i) fish and wildlife habitat for affected species;
       (ii) fish and wildlife corridors for affected species; and
       (iii) water resources in areas affected by wind or solar 
     energy development; and
       (B) preserving and improving recreational access to Federal 
     land and water in an affected region through an easement, 
     right-of-way, or other instrument from willing landowners for 
     the purpose of enhancing public access to existing Federal 
     land and water that is inaccessible or significantly 
     restricted.
       (2) Investment of fund.--
       (A) In general.--Any amounts deposited in the Fund shall 
     earn interest in an amount determined by the Secretary of the 
     Treasury on the basis of the current average market yield on 
     outstanding marketable obligations of the United States of 
     comparable maturities.
       (B) Use.--Any interest earned under subparagraph (A) may be 
     expended in accordance with this subsection.
       (3) Intent of congress.--It is the intent of Congress that 
     the revenues deposited and used in the Fund shall supplement 
     and not supplant annual appropriations for conservation 
     activities described in subparagraphs (A) and (B) of 
     paragraph (1).

     SEC. 3011H. REPORT TO CONGRESS.

       (a) In General.--Not later than 10 years after the date of 
     enactment of this Act and every 10 years thereafter, the 
     Secretary, in consultation with the Secretary of Agriculture, 
     shall--
       (1) complete a review of collections and impacts of the 
     rents and fees provided under this subchapter; and
       (2) submit to the Committees on Energy and Natural 
     Resources and Agriculture, Nutrition, and Forestry of the 
     Senate and the Committees on Natural Resources and 
     Agriculture of the House of Representatives a report 
     describing the results of the review.
       (b) Topics.--The report shall address--
       (1) the total revenues received (by category) on an annual 
     basis as rents from wind, solar, and geothermal development 
     and production (specified by energy source) on covered land;
       (2) whether the revenues received for the development of 
     wind, solar, and geothermal development--
       (A) ensure a fair return to the public comparable to the 
     revenues received for similar development on State and 
     private land;
       (B) encourage production of solar or wind energy; and
       (C) encourage the maximum energy generation while 
     disturbing the least quantity of covered land and other 
     natural resources, including water;
       (3) any impact on the development of wind, solar, and 
     geothermal development and production on covered land as a 
     result of the rents; and
       (4) any recommendations with respect to changes in Federal 
     law (including regulations) relating to the amount or method 
     of collection (including auditing, compliance, and 
     enforcement) of the rents.

     SEC. 3011I. ENFORCEMENT OF PAYMENT PROVISIONS.

       (a) Duties of the Secretary.--The Secretary shall establish 
     a comprehensive inspection, collection, fiscal, and 
     production accounting and auditing system--
       (1) to accurately determine rents, interest, fines, 
     penalties, fees, deposits, and other payments owed under this 
     subchapter; and
       (2) to collect and account for the payments in a timely 
     manner.
       (b) Enforcement.--
       (1) In general.--Sections 302(c) and 303 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1732(c), 
     1733) shall apply to activities conducted on covered land 
     under this subchapter.

[[Page S355]]

       (2) Applicability of other enforcement provisions.--Nothing 
     in this subchapter reduces or limits the enforcement 
     authority vested in the Secretary or the Attorney General by 
     any other law.

     SEC. 3011J. SEGREGATION FROM APPROPRIATION UNDER MINING AND 
                   FEDERAL LAND LAWS.

       (a) In General.--On covered land identified by the 
     Secretary or the Secretary of Agriculture for the development 
     of renewable energy projects under this subchapter or other 
     applicable law, the Secretary or the Secretary of Agriculture 
     may temporarily segregate the identified land from 
     appropriation under the mining and public land laws.
       (b) Administration.--Segregation of covered land under this 
     section--
       (1) may only be made for a period not to exceed 10 years; 
     and
       (2) shall be subject to valid existing rights as of the 
     date of the segregation.
       On page 244, line 14, strike ``Subpart B'' and insert 
     ``Subpart C''.
                                 ______
                                 
  SA 3044. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 304, strike line 11 and all that follows 
     through page 311, line 7, and insert the following:
       (b) Establishment of Coal Technology Program.--The Energy 
     Policy Act of 2005 (as amended by subsection (a)) is amended 
     by inserting after section 961 (42 U.S.C. 16291) the 
     following:

     ``SEC. 962. COAL TECHNOLOGY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Large-scale pilot project.--The term `large-scale 
     pilot project' means a pilot project that--
       ``(A) represents the scale of technology development beyond 
     laboratory development and bench scale testing, but not yet 
     advanced to the point of being tested under real operational 
     conditions at commercial scale;
       ``(B) represents the scale of technology necessary to gain 
     the operational data needed to understand the technical and 
     performance risks of the technology before the application of 
     that technology at commercial scale or in commercial-scale 
     demonstration; and
       ``(C) is large enough--
       ``(i) to validate scaling factors; and
       ``(ii) to demonstrate the interaction between major 
     components so that control philosophies for a new process can 
     be developed and enable the technology to advance from large-
     scale pilot plant application to commercial-scale 
     demonstration or application.
       ``(2) Net-negative carbon dioxide emissions project.--The 
     term `net-negative carbon dioxide emissions project' means a 
     project--
       ``(A) that employs a technology for thermochemical 
     coconversion of coal and biomass fuels that--
       ``(i) uses a carbon capture system; and
       ``(ii) with carbon dioxide removal, can provide 
     electricity, fuels, or chemicals with net-negative carbon 
     dioxide emissions from production and consumption of the end 
     products, while removing atmospheric carbon dioxide;
       ``(B) that will proceed initially through a large-scale 
     pilot project for which front-end engineering will be 
     performed for bituminous, subbituminous, and lignite coals; 
     and
       ``(C) through which each use of coal will be combined with 
     the use of a regionally indigenous form of biomass energy, 
     provided on a renewable basis, that is sufficient in quantity 
     to allow for net-negative emissions of carbon dioxide (in 
     combination with a carbon capture system), while avoiding 
     impacts on food production activities.
       ``(3) Program.--The term `program' means the program 
     established under subsection (b)(1).
       ``(4) Transformational technology.--
       ``(A) In general.--The term `transformational technology' 
     means a power generation technology that represents an 
     entirely new way to convert energy that will enable a step 
     change in performance, efficiency, and cost of electricity as 
     compared to the technology in existence on the date of 
     enactment of this section.
       ``(B) Inclusions.--The term `transformational technology' 
     includes a broad range of technology improvements, 
     including--
       ``(i) thermodynamic improvements in energy conversion and 
     heat transfer, including--

       ``(I) oxygen combustion;
       ``(II) chemical looping; and
       ``(III) the replacement of steam cycles with supercritical 
     carbon dioxide cycles;

       ``(ii) improvements in turbine technology;
       ``(iii) improvements in carbon capture systems technology; 
     and
       ``(iv) any other technology the Secretary recognizes as 
     transformational technology.
       ``(b) Coal Technology Program.--
       ``(1) In general.--The Secretary shall establish a coal 
     technology program to ensure the continued use of the 
     abundant, domestic coal resources of the United States 
     through the development of technologies that will 
     significantly improve the efficiency, effectiveness, costs, 
     and environmental performance of coal use.
       ``(2) Requirements.--The program shall include--
       ``(A) a research and development program;
       ``(B) large-scale pilot projects;
       ``(C) demonstration projects; and
       ``(D) net-negative carbon dioxide emissions projects.
       ``(3) Program goals and objectives.--In consultation with 
     the interested entities described in paragraph (4)(C), the 
     Secretary shall develop goals and objectives for the program 
     to be applied to the technologies developed within the 
     program, taking into consideration the following objectives:
       ``(A) Ensure reliable, low-cost power from new and existing 
     coal plants.
       ``(B) Achieve high conversion efficiencies.
       ``(C) Address emissions of carbon dioxide through high-
     efficiency platforms and carbon capture from new and existing 
     coal plants.
       ``(D) Support small-scale and modular technologies to 
     enable incremental capacity additions and load growth and 
     large-scale generation technologies.
       ``(E) Support flexible baseload operations for new and 
     existing applications of coal generation.
       ``(F) Further reduce emissions of criteria pollutants and 
     reduce the use and manage the discharge of water in power 
     plant operations.
       ``(G) Accelerate the development of technologies that have 
     transformational energy conversion characteristics.
       ``(H) Validate geological storage of large volumes of 
     anthropogenic sources of carbon dioxide and support the 
     development of the infrastructure needed to support a carbon 
     dioxide use and storage industry.
       ``(I) Examine methods of converting coal to other valuable 
     products and commodities in addition to electricity.
       ``(4) Consultations required.--In carrying out the program, 
     the Secretary shall--
       ``(A) undertake international collaborations, as 
     recommended by the National Coal Council;
       ``(B) use existing authorities to encourage international 
     cooperation; and
       ``(C) consult with interested entities, including--
       ``(i) coal producers;
       ``(ii) industries that use coal;
       ``(iii) organizations that promote coal and advanced coal 
     technologies;
       ``(iv) environmental organizations;
       ``(v) organizations representing workers; and
       ``(vi) organizations representing consumers.
       ``(c) Report.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of this section, the Secretary shall submit to 
     Congress a report describing the performance standards 
     adopted under subsection (b)(3).
       ``(2) Update.--Not less frequently than once every 2 years 
     after the initial report is submitted under paragraph (1), 
     the Secretary shall submit to Congress a report describing 
     the progress made towards achieving the objectives and 
     performance standards adopted under subsection (b)(3).
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section, to remain available until expended--
       ``(A) $632,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(B) $582,000,000 for fiscal year 2021.
       ``(2) Allocations.--The amounts made available under 
     paragraph (1) shall be allocated as follows:
       ``(A) For activities under the research and development 
     program component described in subsection (b)(2)(A)--
       ``(i) $275,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(ii) $200,000,000 for fiscal year 2021.
       ``(B) For activities under the demonstration projects 
     program component described in subsection (b)(2)(C)--
       ``(i) $50,000,000 for each of fiscal years 2017 through 
     2020; and
       ``(ii) $75,000,000 for fiscal year 2021.
       ``(C) Subject to paragraph (3), for activities under the 
     large-scale pilot projects program component described in 
     subsection (b)(2)(B), $285,000,000 for each of fiscal years 
     2017 through 2021.
       ``(D) For activities under the net-negative carbon dioxide 
     emissions projects program component described in subsection 
     (b)(2)(D), $22,000,000 for each of fiscal years 2017 through 
     2021.
       ``(3) Cost sharing for large-scale pilot projects.--
     Activities under subsection (b)(2)(B) shall be subject to the 
     cost-sharing requirements of section 988(b).''.
                                 ______
                                 
  SA 3045. Mr. ENZI (for himself, Mr. Hatch, and Mr. Barrasso) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title III, add the following:

                           Subtitle _--States

     SEC. 3___. STATE MINERAL REVENUE PROTECTION.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) in the first sentence of subsection (a), by striking 
     ``shall be paid into the Treasury''

[[Page S356]]

     and inserting ``shall, except as provided in subsection (e), 
     be paid into the Treasury'';
       (2) in subsection (c)(1), by inserting ``and except as 
     provided in subsection (e)'' before ``, any rentals''; and
       (3) by adding at the end the following:
       ``(e) Conveyance to States of Property Interest in State 
     Share.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, on request of a State and in lieu of any payments to the 
     State under subsection (a), the Secretary of the Interior 
     shall convey to the State all right, title, and interest in 
     and to the percentage specified in that subsection for that 
     State of all amounts otherwise required to be paid into the 
     Treasury under that subsection from sales, bonuses, royalties 
     (including interest charges), and rentals for all public land 
     or deposits located in the State.
       ``(2) Amount.--Notwithstanding any other provision of law, 
     after a conveyance to a State under paragraph (1), any person 
     shall pay directly to the State any amount owed by the person 
     for which the right, title, and interest has been conveyed to 
     the State under this subsection.
       ``(3) Notice.--The Secretary of the Interior shall promptly 
     provide to each holder of a lease of public land to which 
     subsection (a) applies that are located in a State to which 
     right, title, and interest is conveyed under this subsection 
     notice that--
       ``(A) the Secretary of the Interior has conveyed to the 
     State all right, title, and interest in and to the amounts 
     referred to in paragraph (1); and
       ``(B) the leaseholder is required to pay the amounts 
     directly to the State.''.
                                 ______
                                 
  SA 3046. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. PRIORITIZATION OF CERTAIN FEDERAL REVENUES.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) by striking the section designation and all that 
     follows through ``All money received'' in the first sentence 
     of subsection (a) and inserting the following:

     ``SEC. 35. DISPOSITION OF MONEY RECEIVED.

       ``(a) Disposition.--
       ``(1) In general.--All money received''; and
       (2) in subsection (a)--
       (A) in the second sentence, by striking ``All moneys 
     received'' and inserting the following:
       ``(2) Amounts to miscellaneous receipts.--
       ``(A) In general.--All money received'';
       (B) in the third sentence, by striking ``Payments to 
     States'' and inserting the following:
       ``(3) Deadlines.--Payments to States''; and
       (C) in paragraph (2) (as designated by subparagraph (A)), 
     by adding at the end the following:
       ``(B) Prioritization of revenues.--
       ``(i) In general.--

       ``(I) Deposit.--Notwithstanding any other provision of this 
     Act, if, after the date of enactment of this subparagraph, 
     the Secretary or Congress increases a royalty rate under this 
     Act (as in effect on the day before the date of enactment of 
     this subparagraph), of the amount described in clause (ii), 
     there shall be deposited annually in a special account in the 
     Treasury only such funds as are necessary to fulfill the 
     staffing requirements of the agencies responsible for 
     activities relating to--

       ``(aa) coordinating or permitting Federal oil and gas 
     leases;
       ``(bb) permits to drill and applications for permits to 
     drill (APDs);
       ``(cc) compliance with the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.); and
       ``(dd) any other aspect of oil and gas permitting or 
     leasing under this Act.

       ``(II) Use of funds.--Funds deposited under subclause (I) 
     shall only be available subject to appropriations.

       ``(ii) Description of amount.--The amount referred to in 
     clause (i)(I) is an amount equal to the difference between--

       ``(I) the amounts credited to miscellaneous receipts under 
     paragraph (1), taking into account the increased royalty rate 
     under this Act, as described in clause (i)(I); and
       ``(II) the amounts credited to miscellaneous receipts under 
     paragraph (1), as in effect on the day before the effective 
     date of such an increased royalty rate.

       ``(iii) Memoranda of understanding.--To carry out the 
     staffing requirements prioritized under clause (i)(I), the 
     Director of the Bureau of Land Management may enter into 
     memoranda of understanding for the provision of support work 
     with--

       ``(I) the Administrator of the Environmental Protection 
     Agency;
       ``(II) the Secretary of the Army, acting through the Chief 
     of Engineers;
       ``(III) the Director of the United States Fish and Wildlife 
     Service;
       ``(IV) the Chief of the Forest Service;
       ``(V) Indian tribes and tribal organizations; and
       ``(VI) Governors of the States.''.

                                 ______
                                 
  SA 3047. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of part IV of subtitle A of title III, add the 
     following:

     SEC. 3018. PROHIBITION ON USE OF CERTAIN FUNDS FOR RENEWABLE 
                   FUEL BLENDER PUMPS.

       Notwithstanding any other provision of law, the Secretary 
     of Agriculture may not use any funds of the Commodity Credit 
     Corporation or any other funds to provide grants or otherwise 
     support or assist the construction, maintenance, or use of 
     renewable fuel blender pumps, including through the Biofuels 
     Infrastructure Partnership.
                                 ______
                                 
  SA 3048. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATIONAL AMBIENT AIR QUALITY STANDARDS.

       (a) In General.--Section 109(d) of the Clean Air Act (42 
     U.S.C. 7409(d)) is amended--
       (1) in paragraph (1)--
       (A) in the first sentence, by striking ``(d)(1) Not later 
     than December 31, 1980, and at five-year intervals'' and 
     inserting the following:
       ``(d) Review and Revision of Criteria and Standards; 
     Independent Scientific Review Committee; Appointment; 
     Advisory Functions.--
       ``(1) Review and revision of criteria and standards.--
       ``(A) In general.--Not later than December 31, 1980, and at 
     10-year intervals''; and
       (B) in the second sentence, by striking ``The 
     Administrator'' and inserting the following:
       ``(B) Early and frequent review and revision.--The 
     Administrator''; and
       (2) in paragraph (2)(B), by striking ``(B) Not later than 
     January 1, 1980, and at five-year intervals'' and inserting 
     the following:
       ``(B) Review.--Not later than January 1, 1980, and at 10-
     year intervals''.
       (b) National Ambient Air Quality Standards for Ozone.--
     Notwithstanding any other provision of law (including the 
     amendments made by subsection (a)), the final rule entitled 
     ``National Ambient Air Quality Standards for Ozone'' (80 Fed. 
     Reg. 65292 (October 26, 2015)) shall not take effect until 
     February 1, 2018.
                                 ______
                                 
  SA 3049. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. INSTALLATION RENEWABLE ENERGY PROJECT REPORT.

       (a) Limitation.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     on installation renewable energy projects undertaken since 
     2011.
       (b) Elements.--The report required under subsection (a) 
     shall include, for each installation energy project with an 
     output equal to or greater than one (1) megawatt--
       (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) any other matters the Secretary determines appropriate.
       (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 report 
     submitted 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 report--
       (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) Updated Report.--Not later than one year after the date 
     the report is submitted under subsection (a), the Secretary 
     of Defense shall submit an update to the report to the 
     appropriate congressional committees.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term

[[Page S357]]

     ``appropriate congressional committees'' means--
       (1) the congressional defense committees (as that term is 
     defined in section 101(a) of title 10, United States Code;
       (2) the Committee on Energy and Natural Resources of the 
     Senate; and
       (3) the Committee on Energy and Commerce of the House of 
     Representatives.
                                 ______
                                 
  SA 3050. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 4405. RESEARCH GRANTS DATABASE.

       (a) In General.--The Secretary shall establish and maintain 
     a public database, accessible on the website of the 
     Department, that contains a searchable listing of every 
     unclassified research and development project contract, 
     grant, cooperative agreement, task order for federally funded 
     research and development centers, or other transaction 
     administered by the Department.
       (b) Classified Projects.--Each year, the Secretary shall 
     submit to the relevant committees of Congress a report that 
     lists every classified project of the Department, including 
     all relevant details of the projects.
       (c) Requirements.--Each listing described in subsections 
     (a) and (b) shall include, at a minimum, for each listed 
     project, the component carrying out the project, the project 
     name, an abstract or summary of the project, funding levels, 
     project duration, contractor or grantee name, and expected 
     objectives and milestones.
       (d) Relevant Literature and Patents.--To the maximum extent 
     practicable, the Secretary shall provide information through 
     the public database established under subsection (a) on 
     relevant literature and patents that are associated with each 
     research and development project contract, grant, or 
     cooperative agreement, or other transaction, of the 
     Department.
                                 ______
                                 
  SA 3051. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF COMPLIANCE DEADLINE FOR CARBON DIOXIDE 
                   EMISSIONS RULE.

       (a) Definition of Compliance Date.--
       (1) In general.--In this section, the term ``compliance 
     date'' means the date by which any State, local, or tribal 
     government or other person is required to comply with any 
     requirement in--
       (A) the final rule entitled ``Carbon Pollution Emission 
     Guidelines for Existing Stationary Sources: Electric Utility 
     Generating Units'' (80 Fed. Reg. 64662 (October 23, 2015)); 
     or
       (B) a final rule that succeeds the proposed rule entitled 
     ``Carbon Pollution Emission Guidelines for Existing 
     Stationary Sources: EGUs in Indian Country and U.S. 
     Territories; Multi-Jurisdictional Partnerships'' (79 Fed. 
     Reg. 65482 (November 4, 2014)).
       (2) Inclusion.--The term ``compliance date'' includes the 
     date by which State plans are required to be submitted to the 
     Administrator of the Environmental Protection Agency under 
     any final rule described in paragraph (1).
       (b) Extensions.--If any person files a petition for review 
     to challenge a final rule described in subsection (a)(1), 
     each compliance date shall be extended by the time period 
     equal to the period of days that--
       (1) begins on the date that is 60 days after October 23, 
     2015, the date on which notice of promulgation of a final 
     rule described in subsection (a)(1) appeared in the Federal 
     Register; and
       (2) ends on the date that is 60 days after the date on 
     which judgment becomes final, and no longer subject to 
     further appeal or review, in all actions (including any 
     action filed pursuant to section 307 of the Clean Air Act (42 
     U.S.C. 7607)) that--
       (A) are filed during the time period described in paragraph 
     (1); and
       (B) seek review of any aspect of the rule.
                                 ______
                                 
  SA 3052. Mr. FLAKE (for himself, Mr. McCain, Mr. Lankford, and Mr. 
Sessions) submitted an amendment intended to be proposed to amendment 
SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for 
the modernization of the energy policy of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPENSION OF SPECIFIED ENERGY GRANTS.

       Section 1603 of division B of the American Recovery and 
     Reinvestment Act of 2009 is amended by adding at the end the 
     following new subsection:
       ``(k) Special Rule.--The Secretary of the Treasury shall 
     not make any grant to any person under this section after the 
     date of the enactment of this subsection and before the date 
     that both the Inspector General of the Department of the 
     Treasury and the Treasury Inspector General for Tax 
     Administration have completed and submitted to Congress a 
     comprehensive investigation relating to fraud with respect to 
     the grants allowed under this section, including fraud--
       ``(1) through overestimating the cost bases of property for 
     purposes of collecting such grants, and
       ``(2) through claiming both tax benefits and grants with 
     respect to the same property.''.
                                 ______
                                 
  SA 3053. Mr. FLAKE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. CROSS-SUBSIDIZATION OF CUSTOMER-SIDE TECHNOLOGY.

       (a) Consideration of Impact From Cross-subsidization of 
     Customer-side Technology.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is amended by adding at the end the following:
       ``(20) Consideration of impact from cross-subsidization of 
     customer-side technology.--
       ``(A) Definition of customer-side technology.--In this 
     paragraph, the term `customer-side technology' means a device 
     connected to the electricity distribution system--
       ``(i) at, or on the customer side of, the meter; or
       ``(ii) that, if owned or operated by, or on behalf of, an 
     electric utility, would otherwise be at, or on the customer 
     side of, the meter.
       ``(B) Consideration.--Each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility shall 
     consider, to the extent a State regulatory authority or 
     nonregulated electric utility allows rates charged by any 
     electric utility to include any cost, fee, or charge that 
     directly or indirectly subsidizes the deployment, 
     construction, maintenance, or operation of customer-side 
     technology, whether subsidizing the deployment, construction, 
     maintenance, or operation of a customer-side technology 
     would--
       ``(i) result in benefits predominately enjoyed by only the 
     users of the customer-side technology;
       ``(ii) shift costs of a customer-side technology to 
     electricity consumers that do not use the customer-side 
     technology, particularly in cases in which disparate economic 
     or resource conditions exist among the electricity consumers 
     cross-subsidizing the customer-side technology;
       ``(iii) negatively affect resource utilization, fuel 
     diversity, grid reliability, or grid security;
       ``(iv) provide any unfair competitive advantage to market 
     the customer-side technology, including an analysis of 
     whether the State regulatory authority or other State 
     authority has uncovered any fraudulent customer-side 
     technology marketing practices within the State; and
       ``(v) be necessary to fulfill an obligation to serve 
     electric consumers.
       ``(C) Public notice.--At least 90 days before the date on 
     which a State regulatory authority or nonregulated electric 
     utility holds a proceeding that would consider the cross-
     subsidization of a customer-side technology, the State 
     regulatory authority or nonregulated electric utility shall 
     make available to the public the results of the evaluation 
     conducted under subparagraph (B).''.
       (b) Compliance.--
       (1) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 1 year after the date of enactment 
     of this paragraph, each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority), and each nonregulated electric utility shall, 
     with respect to the standard established by paragraph (20) of 
     section 111(d)--
       ``(i) commence the consideration referred to in section 
     111; or
       ``(ii) set a hearing date for the consideration.
       ``(B) Not later than 2 years after the date of enactment of 
     this paragraph, each State regulatory authority (with respect 
     to each electric utility for which it has ratemaking 
     authority), and each nonregulated electric utility, shall--
       ``(i) complete the consideration required under 
     subparagraph (A); and
       ``(ii) make the determination referred to in section 111 
     with respect to the standard established by paragraph (20) of 
     section 111(d).''.
       (2) Failure to comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     is amended by adding at the end the following: ``In the case 
     of the standard established by paragraph (20) of section 
     111(d), the reference contained in this subsection to the 
     date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of that paragraph.''.

[[Page S358]]

  

                                 ______
                                 
  SA 3054. Mr. FLAKE (for himself, Mr. Bennet, Mr. McCain, and Mr. 
Alexander) submitted an amendment intended to be proposed to amendment 
SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for 
the modernization of the energy policy of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL 
                   PARKS DURING SHUTDOWN.

       (a) In General.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (b) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this section.
                                 ______
                                 
  SA 3055. Mr. FLAKE (for himself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT.

       (a) In General.--The Administrator of the Western Area 
     Power Administration (referred to in this section as the 
     ``Administrator'') shall establish a pilot project, as part 
     of the continuous process improvement program and to provide 
     increased transparency for customers, to publish on a 
     publicly available website of the Western Area Power 
     Administration, a searchable database of the following 
     information, beginning with fiscal year 2008, relating to the 
     Western Area Power Administration:
       (1) By power system, rates charged to customers for power 
     and transmission service.
       (2) By power system, the amount of capacity or energy sold.
       (3) By region, a detailed accounting of the allocation of 
     budget authority, including--
       (A) overhead costs;
       (B) the number of contractors; and
       (C) the number of full-time equivalents.
       (4) For the corporate services office, a detailed 
     accounting of the allocation of budget authority, including--
       (A) overhead costs;
       (B) the number of contractors;
       (C) the number of full-time equivalents; and
       (D) expenses charged to other Federal agencies or programs 
     for the administration of programs not related to the 
     marketing, transmission, or wheeling of Federal hydropower 
     resources, including--
       (i) overhead costs;
       (ii) the number of contractors; and
       (iii) the number of full-time equivalents.
       (5) Capital expenditures, including--
       (A) capital investments delineated by the year in which 
     each investment is placed into service; and
       (B) the sources of capital for each investment.
       (b) Report.--Not less than once each year for the duration 
     of the pilot project under this section, the Administrator 
     shall submit to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives a report that--
       (1) describes the annual estimated avoided costs and the 
     savings as a result of the pilot project under this section; 
     and
       (2) includes a certification from the Administrator that--
       (A) the rates for each power system do not recover costs 
     and expenses recovered by other power systems; and
       (B) each expense allocated by the corporate services office 
     to an individual power system is only recovered once.
       (c) Termination.--The pilot project under this section 
     shall terminate on the date that is 10 years after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 3056. Mr. FLAKE (for himself, Mrs. McCaskill, and Mr. Booker) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1020 (relating to an evaluation of 
     potentially duplicative green building programs within the 
     Department of Energy) and insert the following:

     SEC. 1020. EVALUATION OF POTENTIALLY DUPLICATIVE GREEN 
                   BUILDING PROGRAMS.

       (a) Definitions.--In this section:
       (1) Administrative expenses.--
       (A) In general.--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).
       (B) Inclusions.--The term ``administrative expenses'' 
     includes, with respect to an agency--
       (i) costs incurred by--

       (I) the agency; or
       (II) any grantee, subgrantee, or other recipient of funds 
     from a grant program or other program administered by the 
     agency; and

       (ii) expenses relating to personnel salaries and benefits, 
     property management, travel, program management, promotion, 
     reviews and audits, case management, and communication 
     regarding, promotion of, and outreach for programs and 
     program activities administered by the agency.
       (2) Applicable program.--The term ``applicable program'' 
     means any program that is--
       (A) 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''; and
       (B) administered by--
       (i) the Secretary;
       (ii) the Secretary of Agriculture;
       (iii) the Secretary of Defense;
       (iv) the Secretary of Education;
       (v) the Secretary of Health and Human Services;
       (vi) the Secretary of Housing and Urban Development;
       (vii) the Secretary of Transportation;
       (viii) the Secretary of the Treasury;
       (ix) the Administrator of the Environmental Protection 
     Agency;
       (x) the Director of the National Institute of Standards and 
     Technology; or
       (xi) the Administrator of the Small Business 
     Administration.
       (3) Service.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``service'' has the meaning given the term by the Director of 
     the Office of Management and Budget.
       (B) Requirements.--For purposes of subparagraph (A), the 
     term ``service'' shall be limited to activities, assistance, 
     or other aid that provides a direct benefit to a recipient, 
     such as--
       (i) the provision of technical assistance;
       (ii) assistance for housing or tuition; or
       (iii) financial support (including grants, loans, tax 
     credits, and tax deductions).
       (b) Report.--
       (1) In general.--Not later than January 1, 2017, the 
     Secretary, in consultation with the agency heads described in 
     clauses (ii) through (xi) of subsection (a)(2)(B), shall 
     submit to Congress and make available on the public Internet 
     website of the Department a report that describes the 
     applicable programs.
       (2) Requirements.--In preparing the report under paragraph 
     (1), the Secretary shall--
       (A) determine the approximate annual total administrative 
     expenses of each applicable program;
       (B) determine the approximate annual expenditures for 
     services for each applicable program;
       (C) describe the intended market for each applicable 
     program, including the--
       (i) estimated the number of clients served by each 
     applicable program; and
       (ii) beneficiaries who received services or information 
     under the applicable program (if applicable and if data is 
     readily available);
       (D) estimate--
       (i) the number of full-time employees who administer each 
     applicable program; and
       (ii) the number of full-time equivalents (the salary of 
     whom 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) briefly describe the type of services each applicable 
     program provides, such as information, grants, technical 
     assistance, loans, tax credits, or tax deductions;
       (F) identify the type of recipient who is intended to 
     benefit from the services or information provided under the 
     applicable program, such as individual property owners or 
     renters, local governments, businesses, nonprofit 
     organizations, or State governments; and
       (G) identify whether written program goals are available 
     for each applicable program.
       (c) Recommendations.--Not later than January 1, 2017, the 
     Secretary, in consultation with the agency heads described in 
     clauses (ii) through (xi) of subsection (a)(2)(B), shall 
     submit to Congress a report that includes--
       (1) a recommendation of whether any applicable program 
     should be eliminated or consolidated, including any 
     legislative changes that would be necessary to eliminate or 
     consolidate applicable programs; and
       (2) methods to improve the applicable programs by 
     establishing program goals or increasing collaboration to 
     reduce any potential overlap or duplication, taking into 
     account--
       (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''.

[[Page S359]]

       (d) Analyses.--Not later than January 1, 2017, the 
     Secretary, in consultation with the agency heads described in 
     clauses (ii) through (xi) of subsection (a)(2)(B), shall 
     identify--
       (1) which applicable programs were specifically authorized 
     by Congress; and
       (2) which applicable programs are carried out solely under 
     the discretionary authority of the Secretary or any agency 
     head described in clauses (ii) through (xi) of subsection 
     (a)(2)(B).
                                 ______
                                 
  SA 3057. Mr. FLAKE (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. HYDROPOWER RESERVOIR OPERATION IMPROVEMENT.

       (a) Definitions.--In this section:
       (1) Reserved works.--The term ``reserved works'' means any 
     Bureau of Reclamation project facility at which the Secretary 
     of the Interior carries out the operation and maintenance of 
     the project facility.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.
       (3) Transferred works.--The term ``transferred works'' 
     means a Bureau of Reclamation project facility, the operation 
     and maintenance of which is carried out by a non-Federal 
     entity, under the provisions of a formal operation and 
     maintenance transfer contract.
       (4) Transferred works operating entity.--The term 
     ``transferred works operating entity'' means the organization 
     that is contractually responsible for operation and 
     maintenance of transferred works.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives a report including, for any State in which a 
     county designated by the Secretary of Agriculture as a 
     drought disaster area during water year 2015 is located, a 
     list of projects, including Corps of Engineers projects, non-
     Federal projects, and transferred works, operated for flood 
     control in accordance with rules prescribed by the Secretary 
     pursuant to section 7 of the Act of December 22, 1944 
     (commonly known as the ``Flood Control Act of 1944'') (58 
     Stat. 890, chapter 665), including, as applicable--
       (1) the year the original water control manual was 
     approved;
       (2) the year for any subsequent revisions to the water 
     control plan and manual of the project;
       (3) a list of projects for which--
       (A) operational deviations for drought contingency have 
     been requested;
       (B) the status of the request; and
       (C) a description of how water conservation and water 
     quality improvements were addressed; and
       (4) a list of projects for which permanent or seasonal 
     changes to storage allocations have been requested, and the 
     status of the request.
       (c) Project Identification.--Not later than 60 days after 
     the date of completion of the report under subsection (b), 
     the Secretary shall identify any projects described in the 
     report--
       (1) for which the modification of the water operations 
     manuals, including flood control rule curve, would be likely 
     to enhance existing authorized project purposes for water 
     supply benefits and flood control operations;
       (2) for which the water control manual and 
     hydrometeorological information establishing the flood 
     control rule curves of the project have not been 
     substantially revised during the 15-year period ending on the 
     date of review by the Secretary; and
       (3) for which the non-Federal sponsor or sponsors of a 
     Corps of Engineers project, the owner of a non-Federal 
     project, or the non-Federal transferred works operating 
     entity, as applicable, has submitted to the Secretary a 
     written request to revise water operations manuals, including 
     flood control rule curves, based on the use of improved 
     weather forecasting or run-off forecasting methods, new 
     watershed data, changes to project operations, or structural 
     improvements.
       (d) Pilot Projects.--
       (1) In general.--Not later than 1 year after the date of 
     identification of projects under subsection (c), if any, the 
     Secretary shall carry out not more than 15 pilot projects, 
     which shall include not less than 6 non-Federal projects, to 
     implement revisions of water operations manuals, including 
     flood control rule curves, based on the best available 
     science, which may include--
       (A) forecast-informed operations;
       (B) new watershed data; and
       (C) if applicable, in the case of non-Federal projects, 
     structural improvements.
       (2) Consultation.--In implementing a pilot project under 
     this subsection, the Secretary shall consult with all 
     affected interests, including--
       (A) non-Federal entities responsible for operations and 
     maintenance costs of a Federal facility;
       (B) individuals and entities with storage entitlements; and
       (C) local agencies with flood control responsibilities 
     downstream of a facility.
       (e) Coordination With Non-federal Project Entities.--If a 
     project identified under subsection (c) is--
       (1) a non-Federal project, the Secretary, prior to carrying 
     out an activity under this section, shall--
       (A) consult with the non-Federal project owner; and
       (B) enter into a cooperative agreement, memorandum of 
     understanding, or other agreement with the non-Federal 
     project owner describing the scope and goals of the activity 
     and the coordination among the parties; and
       (2) a Federal project, the Secretary, prior to carrying out 
     an activity under this section, shall--
       (A) consult with each Federal and non-Federal entity 
     (including a municipal water district, irrigation district, 
     joint powers authority, transferred works operating entity, 
     or other local governmental entity) that currently--
       (i) manages (in whole or in part) a Federal dam or 
     reservoir; or
       (ii) is responsible for operations and maintenance costs; 
     and
       (B) enter into a cooperative agreement, memorandum of 
     understanding, or other agreement with each such entity 
     describing the scope and goals of the activity and the 
     coordination among the parties.
       (f) Consideration.--In designing and implementing a 
     forecast-informed reservoir operations plan, the Secretary 
     may consider--
       (1) the relationship between ocean and atmospheric 
     conditions, including--
       (A) the El Nino and La Nina cycles; and
       (B) the potential for above-normal, normal, and below-
     normal rainfall for the coming water year, including 
     consideration of atmospheric river forecasts;
       (2) the precipitation and runoff index specific to the 
     basin and watershed of the relevant dam or reservoir, 
     including incorporating knowledge of hydrological and 
     meteorological conditions that influence the timing and 
     quantity of runoff;
       (3) improved hydrologic forecasting for precipitation, 
     snowpack, and soil moisture conditions;
       (4) an adjustment of operational flood control rule curves 
     to optimize water supply storage and reliability, hydropower 
     production, environmental benefits for flows and temperature, 
     and other authorized project benefits, without a reduction in 
     flood safety; and
       (5) proactive management in response to changes in 
     forecasts.
       (g) Funding.--The Secretary may accept and expend amounts 
     from non-Federal entities to fund all or a portion of the 
     cost of carrying out a review or revision of operational 
     documents, including water control plans, water control 
     manuals, water control diagrams, release schedules, rule 
     curves, operational agreements with non-Federal entities, and 
     any associated environmental documentation for--
       (1) a Corps of Engineers project;
       (2) a non-Federal project regulated for flood control by 
     the Secretary; or
       (3) a Bureau of Reclamation transferred works regulated for 
     flood control by the Secretary.
       (h) Effect.--
       (1) Manual revisions.--A revision of a manual shall not 
     interfere with the authorized purposes of a Federal project 
     or the existing purposes of a non-Federal project regulated 
     for flood control by the Secretary.
       (2) Effect of section.--
       (A) Nothing in this section authorizes the Secretary to 
     carry out, at a Federal dam or reservoir, any project or 
     activity for a purpose not otherwise authorized as of the 
     date of enactment of this Act.
       (B) Nothing in this section affects or modifies any 
     obligation of the Secretary under State law.
       (3) Bureau of reclamation reserved works excluded.--This 
     section--
       (A) shall not apply to any dam or reservoir operated by the 
     Bureau of Reclamation as a reserved work, unless all non-
     Federal project sponsors of a reserved work jointly provide 
     to the Secretary a written request for application of this 
     section to the project; and
       (B) shall apply only to Bureau of Reclamation transferred 
     works at the written request of the transferred works 
     operating entity.
       (i) Modifications to Manuals and Curves.--Not later than 
     180 days after the date of completion of a modification to an 
     operations manual or flood control rule curve, the Secretary 
     shall submit to Congress a report regarding the components of 
     the forecast-based reservoir operations plan incorporated 
     into the change.
                                 ______
                                 
  SA 3058. Mr. BLUNT (for himself, Mr. Inhofe, and Mr. Lankford) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                    TITLE __--SOCIAL COST OF CARBON

     SEC. __01. FINDINGS.

       Congress finds that--
       (1) the social cost of carbon is an estimate, used by 
     Federal agencies in regulatory impact analyses, of damage 
     caused by a 1-metric-ton increase in carbon dioxide 
     emissions;
       (2) between January 2008 and November 2015, various Federal 
     agencies have cited the

[[Page S360]]

     social cost of carbon in 125 different proposed rules, final 
     rules, and other actions;
       (3) between January 2008 and November 2015, by citing the 
     social cost of carbon in 73 different proposed rules, final 
     rules, and other actions, the Department has cited the social 
     cost of carbon more than any other Federal agency;
       (4) the social cost of carbon estimate was developed in a 
     closed interagency working group without notice or public 
     participation;
       (5) the Administrator of the Office of Information and 
     Regulatory Affairs agreed to public comment on the social 
     cost of carbon estimate in 2013, only after written requests 
     from Congress and the public; and
       (6) the National Academy of Sciences recommended that the 
     interagency working group that developed the social cost of 
     carbon estimate increase transparency on the ways in which 
     the social cost of carbon estimate is used in the formulation 
     of regulations.

     SEC. __02. SUBMISSION OF RESULTS OF MODELING.

       (a) In General.--Not later than 60 days after date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget (referred to in this section as the 
     ``Director'') shall submit to the Speaker of the House of 
     Representatives and the President pro tempore of the Senate, 
     at a minimum, the results of modeling that examines and 
     determines the social cost carbon using the guidelines and 
     discount rates described in Executive Order 12866 (5 U.S.C. 
     601 note; relating to regulatory planning and review) so as 
     to conform with the base case analysis recommendations in 
     Office of Management and Budget Circulars A-4 (as in effect 
     on September 17, 2003) and A-94.
       (b) Additional Information.--The Director may include in 
     the submission described in subsection (a) such other 
     information as the Director considers to be appropriate.
                                 ______
                                 
  SA 3059. Mr. BOOZMAN (for himself and Mr. Cotton) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23___. REPEAL OF THIRD-PARTY FINANCE PROVISIONS.

       Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 
     16421) is repealed.
                                 ______
                                 
  SA 3060. Mr. BOOZMAN (for himself, Mr. Cotton, Mr. Blunt, and Mr. 
Alexander) submitted an amendment intended to be proposed to amendment 
SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for 
the modernization of the energy policy of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23___. PROHIBITION ON EMINENT DOMAIN FOR CERTAIN 
                   PROJECTS.

       Section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 
     16421) is amended--
       (1) by redesignating subsections (d) through (g) as 
     subsections (f) through (i), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Prohibition on Eminent Domain.--Notwithstanding any 
     other provision of law (including regulations), the 
     Secretary, SWPA, and WAPA may not carry out any Project under 
     this section through the use of eminent domain, unless the 
     use of eminent domain is explicitly authorized by--
       ``(1) the Governor and the head of each applicable public 
     utility commission, public service commission, or other 
     equivalent State agency exercising jurisdiction over electric 
     transmission lines of the affected State; and
       ``(2) the head of the governing body of each Indian tribe 
     the land of which would be affected.
       ``(e) Siting Requirement.--To the maximum extent 
     practicable, a Project carried out under this section shall 
     be sited on--
       ``(1) an existing Federal right-of-way; or
       ``(2) Federal land managed by--
       ``(A) the Bureau of Land Management;
       ``(B) the Forest Service;
       ``(C) the Bureau of Reclamation; or
       ``(D) the Corps of Engineers.''.
                                 ______
                                 
  SA 3061. Mrs. CAPITO (for herself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXTENSION OF COMPLIANCE DATES.

       (a) Definitions.--In this section:
       (1) Compliance date.--
       (A) In general.--The term ``compliance date'' means, with 
     respect to any requirement of a final rule, the date by which 
     any State, local, or tribal government or other person is 
     first required to comply with the requirement.
       (B) Inclusion.--The term ``compliance date'' includes the 
     date by which State plans are required to be submitted to the 
     Administrator of the Environmental Protection Agency under 
     any final rule.
       (2) Final rule.--
       (A) In general.--The term ``final rule'' means any proposed 
     or final rule to address carbon dioxide emissions from 
     existing sources that are fossil fuel-fired electric utility 
     generating units under section 111 of the Clean Air Act (42 
     U.S.C. 7411).
       (B) Inclusions.--The term ``final rule'' includes--
       (i) the rule entitled ``Carbon Pollution Emission 
     Guidelines for Existing Stationary Sources: Electric Utility 
     Generating Units'' (80 Fed. Reg. 64662 (October 23, 2015)); 
     or
       (ii) any final rule that succeeds--

       (I) the proposed rule entitled ``Carbon Pollution Emission 
     Guidelines for Existing Stationary Sources: Electric Utility 
     Generating Units'' (79 Fed. Reg. 34830 (June 18, 2014)); or
       (II) the supplemental proposed rule entitled ``Carbon 
     Pollution Emission Guidelines for Existing Stationary 
     Sources: EGUs in Indian Country and U.S. Territories; Multi-
     Jurisdictional Partnerships'' (79 Fed. Reg. 65482 (November 
     4, 2014)).

       (b) Extensions.--Each compliance date of any final rule is 
     deemed to be extended by the time period equal to the time 
     period described in subsection (c).
       (c) Period Described.--The time period described in this 
     subsection is the period of days that--
       (1) begins on the date that is 60 days after the day on 
     which notice of promulgation of a final rule appears in the 
     Federal Register; and
       (2) ends on the date on which judgement becomes final, and 
     no longer subject to further appeal or review, in all actions 
     (including any action filed pursuant to section 307 of the 
     Clean Air Act (42 U.S.C. 7607)) that--
       (A) are filed during the 60 days described in paragraph 
     (1); and
       (B) seek review of any aspect of the final rule.
                                 ______
                                 
  SA 3062. Mrs. CAPITO submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. _002. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Best available control technology.--The term ``best 
     available control technology'' has the meaning given the term 
     in section 169 of the Clean Air Act (42 U.S.C. 7479).
       (3) Lowest achievable emission rate.--The term ``lowest 
     achievable emission rate'' has the meaning given the term in 
     section 171 of the Clean Air Act (42 U.S.C. 7501).
       (4) Major emitting facility; major stationary source.--The 
     terms ``major emitting facility'' and ``major stationary 
     source'' have the meaning given those terms in section 302 of 
     the Clean Air Act (42 U.S.C. 7602).
       (5) National ambient air quality standard.--The term 
     ``national ambient air quality standard'' means a national 
     ambient air quality standard for an air pollutant under 
     section 109 of the Clean Air Act (42 U.S.C. 7409) that is 
     finalized on or after the date of enactment of this Act.
       (6) Preconstruction permit.--
       (A) In general.--The term ``preconstruction permit'' means 
     a permit that is required under part C or D of title I of the 
     Clean Air Act (42 U.S.C. 7470 et seq.) for the construction 
     or modification of a major emitting facility or major 
     stationary source.
       (B) Inclusions.--The term ``preconstruction permit'' 
     includes any permit described in subparagraph (A) that is 
     issued by--
       (i) the Environmental Protection Agency; or
       (ii) a State, local, or tribal permitting authority.
       (7) RACT/BACT/LAER clearinghouse database.--The term 
     ``RACT/BACT/LAER Clearinghouse database'' means the central 
     database of air pollution technology information that is 
     posted on the Internet website of the Environmental 
     Protection Agency.

     SEC. _003. BUILDING AND MANUFACTURING PROJECTS DASHBOARD.

       (a) In General.--For fiscal year 2008 and each fiscal year 
     thereafter, the Administrator shall publish in a readily 
     accessible location on the Internet website of the 
     Environmental Protection Agency an estimate by the 
     Administrator of, with respect to the applicable fiscal 
     year--
       (1) the total number of preconstruction permits issued by 
     the Environmental Protection Agency;
       (2) the percentage of those preconstruction permits issued 
     by the date that is 1 year after the date of filing of 
     completed applications for the permits; and
       (3) the average length of time required for the 
     Environmental Appeals Board of the Environmental Protection 
     Agency to issue a final decision regarding petitions 
     appealing

[[Page S361]]

     decisions to grant or deny a preconstruction permit 
     application.
       (b) Initial Publication; Updates.--The Administrator 
     shall--
       (1) make the publication required by subsection (a) for 
     fiscal years 2008 through 2014 by not later than 60 days 
     after the date of enactment of this Act; and
       (2) update that publication not less frequently than 
     annually.
       (c) Sources of Information.--
       (1) Fiscal years 2008 through 2014.--In carrying out this 
     section with respect to the information required to be 
     published for fiscal years 2008 through 2014, the estimates 
     of the Administrator shall be based on information in the 
     possession of the Administrator as of the date of enactment 
     of this Act, including information in the RACT/BACT/LAER 
     Clearinghouse database.
       (2) No requirement to collect additional information.--
     Nothing in this section requires the Administrator to seek or 
     collect any information in addition to the information that 
     is voluntarily provided by States and local air agencies for 
     the RACT/BACT/LAER Clearinghouse database with respect to the 
     information required to be published under this section for 
     any fiscal year.

     SEC. _004. TIMELY ISSUANCE OF REGULATIONS AND GUIDANCE TO 
                   ADDRESS NEW OR REVISED NATIONAL AMBIENT AIR 
                   QUALITY STANDARDS IN PRECONSTRUCTION 
                   PERMITTING.

       (a) Proposed Regulations.--In publishing any final rule 
     establishing or revising a national ambient air quality 
     standard, the Administrator shall, as the Administrator 
     determines to be necessary and appropriate to assist States, 
     permitting authorities, and permit applicants, concurrently 
     publish proposed regulations and guidance for implementing 
     the standard, including information relating to submission 
     and consideration of a preconstruction permit application 
     under the new or revised standard.
       (b) Applicability of Standard to Preconstruction 
     Permitting.--A new or revised national ambient air quality 
     standard shall not apply to the review and disposition of a 
     preconstruction permit application until the Administrator 
     publishes final implementation regulations and guidance that 
     include information relating to submission and consideration 
     of a preconstruction permit application under the standard.
       (c) Effect of Section.--
       (1) In general.--After publishing regulations and guidance 
     for implementing national ambient air quality standards under 
     subsection (a), nothing in this section precludes the 
     Administrator from issuing subsequent regulations or guidance 
     to assist States and facilities in implementing those 
     standards.
       (2) Requirements of applicants.--Nothing in this section 
     eliminates the obligation of a preconstruction permit 
     applicant to install best available control technology and 
     lowest achievable emission rate technology, as applicable.
       (3) State, local, and tribal authority.--Nothing in this 
     section limits the authority of a State, local, or tribal 
     permitting authority to impose emission requirements pursuant 
     to State, local, or tribal law that are more stringent than 
     the applicable Federal national ambient air quality standards 
     established by the Environmental Protection Agency.

     SEC. _005. REPORT TO CONGRESS REGARDING ACTIONS TO EXPEDITE 
                   REVIEW OF PRECONSTRUCTION PERMITS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall submit to Congress a report that, with 
     respect to the period covered by the report--
       (1) identifies the activities carried out by the 
     Environmental Protection Agency to increase the efficiency of 
     the preconstruction permitting process;
       (2) identifies the specific reasons for delays in issuing--
       (A) preconstruction permits required under part C of the 
     Clean Air Act (42 U.S.C. 7470 et seq.) beyond the 1-year 
     deadline mandated by section 165(c) of that Act (42 U.S.C. 
     7475(c)); or
       (B) preconstruction permits required under part D of the 
     Clean Air Act (42 U.S.C. 7501 et seq.) beyond the 1-year 
     period beginning on the date on which the permit application 
     is determined to be complete;
       (3) describes the means by which the Administrator is 
     resolving--
       (A) delays in making completeness determinations for 
     preconstruction permit applications; and
       (B) processing delays for preconstruction permits, 
     including any increases in communication with State and local 
     permitting authorities; and
       (4) summarizes and responds to public comments received 
     under subsection (b) concerning the report.
       (b) Public Comment.--Before submitting a report required by 
     subsection (a), the Administrator shall--
       (1) publish on the Internet website of the Environmental 
     Protection Agency a draft of the report; and
       (2) provide to the public a period of not less than 30 days 
     to submit comments regarding the draft report.
       (c) Sources of Information.--Nothing in this section 
     compels the Environmental Protection Agency to seek or 
     collect any information in addition to the information that 
     is voluntarily provided by States and local air agencies for 
     the RACT/BACT/LAER Clearinghouse database.
                                 ______
                                 
  SA 3063. Mrs. CAPITO (for herself and Mr. Manchin) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 310__. ETHANE STORAGE STUDY.

       (a) In General.--The Secretary and the Secretary of 
     Commerce, in consultation with other relevant Federal 
     departments and agencies and stakeholders, shall conduct a 
     study of the feasibility of establishing an ethane storage 
     and distribution hub in the Marcellus, Utica, and Rogersville 
     shale plays in the United States.
       (b) Contents.--The study conducted under subsection (a) 
     shall include--
       (1) an examination of, with respect to the proposed ethane 
     storage and distribution hub--
       (A) potential locations;
       (B) economic feasibility;
       (C) economic benefits;
       (D) geological storage capacity capabilities;
       (E) above-ground storage capabilities;
       (F) infrastructure needs; and
       (G) other markets and trading hubs, particularly hubs 
     relating to ethane; and
       (2) the identification of potential additional benefits of 
     the proposed hub to energy security.
       (c) Publication of Results.--Not later than 2 years after 
     the date of enactment of this Act, the Secretary and the 
     Secretary of Commerce shall--
       (1) submit to the Committee on Energy and Commerce of the 
     House of Representatives and the Committees on Energy and 
     Natural Resources and Commerce, Science, and Transportation 
     of the Senate a report describing the results of the study 
     under subsection (a); and
       (2) publish those results on the Internet websites of the 
     Departments of Energy and Commerce, respectively.
                                 ______
                                 
  SA 3064. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 3602(d)(1)(B), after ``State'' insert the 
     following: ``(as defined in 202 of the Energy Conservation 
     and Production Act (42 U.S.C. 6802)) (referred to in this 
     section as the `State')''.
                                 ______
                                 
  SA 3065. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 3602(d), strike paragraph (3) and insert the 
     following:
       (3) work with Indian tribes (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b)), tribal organizations (as defined in section 
     3765 of title 38, United States Code), and Native American 
     veterans (as defined in section 3765 of title 38, United 
     States Code);
                                 ______
                                 
  SA 3066. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 3602(d), strike paragraph (2) and insert the 
     following:
       (2) work with the Secretary of Defense and the Secretary of 
     Veterans Affairs or veteran service organizations recognized 
     by the Secretary of Veterans Affairs under section 5902 of 
     title 38, United States Code, to transition members of the 
     Armed Forces and veterans to careers in the energy sector;
                                 ______
                                 
  SA 3067. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; as follows:

       At the end of subtitle H of title IV, add the following:

     SEC. 47__. MODERNIZATION OF TERMS RELATING TO MINORITIES.

       (a) Office of Minority Economic Impact.--Section 211(f)(1) 
     of the Department of Energy Organization Act (42 U.S.C. 
     7141(f)(1)) is amended by striking ``a Negro, Puerto Rican, 
     American Indian, Eskimo, Oriental, or Aleut or is a Spanish 
     speaking individual of Spanish descent'' and inserting 
     ``Asian American, Native Hawaiian, a Pacific Islander, 
     African-American, Hispanic, Puerto Rican, Native American, or 
     an Alaska Native''.
       (b) Minority Business Enterprises.--Section 106(f)(2) of 
     the Local Public Works Capital Development and Investment Act 
     of 1976

[[Page S362]]

     (42 U.S.C. 6705(f)(2)) is amended in the third sentence by 
     striking ``Negroes, Spanish-speaking, Orientals, Indians, 
     Eskimos, and Aleuts'' and inserting ``Asian American, Native 
     Hawaiian, Pacific Islanders, African-American, Hispanic, 
     Native American, or Alaska #Natives''.
                                 ______
                                 
  SA 3068. Ms. HIRONO (for herself and Mr. Brown) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1022. CONTRACTS FOR FEDERAL PURCHASES OF ENERGY.

       Part 3 of title V of the National Energy Conservation 
     Policy Act is amended by adding after section 553 (42 U.S.C. 
     8259b) the following:

     ``SEC. 554. LONG-TERM CONTRACTS FOR ENERGY.

       ``(a) In General.--Notwithstanding section 501(b)(1)(B) of 
     title 40, United States Code, a contract for the acquisition 
     of renewable energy or energy from cogeneration facilities 
     for the Federal Government may be made for a period not to 
     exceed 30 years.
       ``(b) Standardized Energy Purchase Agreement.--Not later 
     than 90 days after the date of enactment of this section, the 
     Secretary, acting through the Federal Energy Management 
     Program, shall publish a standardized energy purchase 
     agreement setting forth commercial terms and conditions that 
     agencies may use to acquire renewable energy or energy from 
     cogeneration facilities.
       ``(c) Technical Assistance.--The Secretary shall provide 
     technical assistance to assist agencies in implementing this 
     section.''.
                                 ______
                                 
  SA 3069. Mr. HEINRICH (for himself and Mr. Udall) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title IV, add the following:

     SEC. 42__. RESTORATION OF LABORATORY DIRECTED RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       (a) Findings.--Congress finds that--
       (1) laboratory directed research and development (referred 
     to in this subsection as ``LDRD'') is an investment for the 
     future;
       (2) the purposes of LDRD are--
       (A) to recruit, to develop, and to retain a creative 
     workforce for a laboratory; and
       (B) to produce innovative ideas that are vital to the 
     ability of a laboratory to produce the best scientific work 
     in accordance with the mission of the laboratory;
       (3) LDRD has a long history of support and accomplishment 
     since 1954, when Congress first authorized LDRD in the Atomic 
     Energy Act of 1954 (42 U.S.C. 2011 et seq.);
       (4) formal requirements, external review, and oversight by 
     the Secretary with respect to LDRD projects ensure that LDRD 
     projects--
       (A) are selected competitively; and
       (B) explore innovative and new areas of research that are 
     not covered by existing research programs;
       (5) LDRD is a resource to support cutting-edge exploratory 
     research prior to the identification and development of a 
     research program by the Department or a strategic partner of 
     the Department;
       (6) LDRD projects in the same topic area may be funded at 
     various laboratories to explore potential paths for a program 
     in that topic area;
       (7) LDRD projects provide valuable insights for peer-review 
     strategic assessments conducted by the Department in the 
     program planning process;
       (8) LDRD is an important recruitment and retention tool for 
     the National Laboratories;
       (9) the recruitment and retention tool that LDRD provides 
     is especially crucial for the laboratories operated by the 
     National Nuclear Security Administration, which must attract 
     new staff to the laboratories in order to maintain a highly 
     trained workforce to support the missions of the National 
     Nuclear Security Administration with respect to nuclear 
     weapons and national security; and
       (10) the October 28, 2015, Final Report of the Commission 
     to Review the Effectiveness of the National Energy 
     Laboratories--
       (A) strongly endorsed LDRD programs both now and into the 
     future; and
       (B) supported restoration of the cap on LDRD to 6 percent 
     unburdened or the equivalent of 6 percent unburdened.
       (b) General and Administrative Overhead for Laboratory 
     Directed Research and Development.--The Secretary shall 
     ensure that laboratory operating contractors do not allocate 
     costs of general and administrative overhead to laboratory 
     directed research and development.
                                 ______
                                 
  SA 3070. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. EQUUS BEDS DIVISION EXTENSION.

       Section 10(h) of Public Law 86-787 (74 Stat. 1026; 120 
     Stat. 1474) is amended by striking ``10 years'' and inserting 
     ``20 years''.
                                 ______
                                 
  SA 3071. Mr. MORAN (for himself, Mr. Coons, Mr. Gardner, Ms. 
Stabenow, and Mr. Bennet) submitted an amendment intended to be 
proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert 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 
     (including the leasing of tangible personal property used for 
     such generation) 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 the Energy Policy Modernization Act 
     of 2015).
       ``(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 the Energy 
     Policy Modernization Act of 2015) or section 40A(d)(1).
       ``(ix) Renewable chemicals.--The production, storage, or 
     transportation of any qualifying renewable chemical (as 
     defined in paragraph (6)).
       ``(x) Energy efficient buildings.--The audit and 
     installation through contract or other agreement of any 
     energy efficient building property described in section 
     179D(c)(1).
       ``(xi) Gasification with sequestration.--The production of 
     any product or the generation of electric power 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.--

       ``(I) Power generation facilities.--The generation or 
     storage of electric power (including associated income from 
     the sale or marketing of energy, capacity, resource adequacy, 
     and ancillary services) produced from any power generation 
     facility which is, or from any power generation unit within, 
     a qualified facility described in section 45Q(c) which--

       ``(aa) in the case of a power generation facility or power 
     generation unit placed in service after January 8, 2013, 
     captures 50 percent or more of the qualified carbon dioxide 
     (as defined in section 45Q(b)) of such facility and disposes 
     of such captured qualified carbon dioxide in secure 
     geological storage (as determined under section 45Q(d)(2)), 
     and
       ``(bb) in the case of a power generation facility or power 
     generation unit placed in service before January 9, 2013, 
     captures 30

[[Page S363]]

     percent or more of the qualified carbon dioxide (as defined 
     in section 45Q(b)) of such facility and disposes of such 
     captured qualified carbon dioxide in secure geological 
     storage (as determined under section 45Q(d)(2)).

       ``(II) Other facilities.--The sale of any good or service 
     from any facility (other than a power generation facility) 
     which is a qualified facility described in section 45Q(c) and 
     the captured qualified carbon dioxide (as so defined) of 
     which is disposed of in secure geological storage (as 
     determined under section 45Q(d)(2)).''.

       (b) Renewable Chemical.--
       (1) In general.--Section 7704(d) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(6) Qualifying renewable chemical.--
       ``(A) In general.--The term `qualifying renewable chemical' 
     means any renewable chemical (as defined in section 9001 of 
     the Agriculture Act of 2014)--
       ``(i) which is produced by the taxpayer in the United 
     States or in a territory or possession of the United States,
       ``(ii) which is the product of, or reliant upon, biological 
     conversion, thermal conversion, or a combination of 
     biological and thermal conversion, of renewable biomass (as 
     defined in section 9001(13) of the Farm Security and Rural 
     Investment Act of 2002),
       ``(iii) the biobased content of which is 95 percent or 
     higher,
       ``(iv) which is sold or used by the taxpayer--

       ``(I) for the production of chemical products, polymers, 
     plastics, or formulated products, or
       ``(II) as chemicals, polymers, plastics, or formulated 
     products,

       ``(v) which is not sold or used for the production of any 
     food, feed, or fuel, and
       ``(vi) which is--

       ``(I) acetic acid, acrylic acid, acyl glutamate, adipic 
     acid, algae oils, algae sugars, 1,4-butanediol (BDO), iso-
     butanol, n-butanol, C10 and higher hydrocarbons produced from 
     olefin metathesis, carboxylic acids produced from olefin 
     metathesis, cellulosic sugar, diethyl methylene malonate, 
     dodecanedioic acid (DDDA), esters produced from olefin 
     metathesis, ethyl acetate, ethylene glycol, farnesene, 2,5-
     furandicarboxylic acid, gamma-butyrolactone, glucaric acid, 
     hexamethylenediamine (HMD), 3-hydroxy propionic acid, 
     isoprene, itaconic acid, levulinic acid, polyhydroxyalkonate 
     (PHA), polylactic acid (PLA), polyethylene furanoate (PEF), 
     polyethylene terephthalate (PET), polyitaconic acid, polyols 
     from vegetable oils, poly(xylitan levulinate ketal), 1,3-
     propanediol, 1,2-propanediol, rhamnolipids, succinic acid, 
     terephthalic acid, or p-Xylene, or
       ``(II) any chemical not described in clause (i) which is a 
     chemical listed by the Secretary for purposes of this 
     paragraph.

       ``(B) Biobased content.--For purposes of subparagraph 
     (A)(iii), the term `biobased content percentage' means, with 
     respect to any renewable chemical, the biobased content of 
     such chemical (expressed as a percentage) determined by 
     testing representative samples using the American Society for 
     Testing and Materials (ASTM) D6866.''.
       (2) List of other qualifying renewable chemicals.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of the Treasury (or the Secretary's 
     delegate), in consultation with the Secretary of Agriculture, 
     shall establish a program to consider applications from 
     taxpayers for the listing of chemicals under section 
     7874(d)(6)(A)(vi)(II) (as added by paragraph (1)).
       (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 3072. Mr. DONNELLY (for himself, Mr. Grassley, Mrs. Fischer, Mr. 
Thune, Mrs. McCaskill, Ms. Baldwin, Mr. Kirk, Ms. Heitkamp, Ms. 
Klobuchar, and Mr. Franken) submitted an amendment intended to be 
proposed by him to the bill S. 2012, to provide for the modernization 
of the energy policy of the United States, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ETHANOL WAIVER.

       Section 211(h)(4) of the Clean Air Act (42 U.S.C. 
     7545(h)(4)) is amended--
       (1) in the matter preceding subparagraph (A), by inserting 
     ``or more'' after ``10 percent''; and
       (2) in subparagraph (C), by striking ``additional alcohol 
     or''.
                                 ______
                                 
  SA 3073. Mr. KING (for himself, Ms. Stabenow, and Mr. Franken) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title II, add the following:

     SEC. 22___. LIMITATION ON AUTHORITY OF SECRETARY OF ENERGY TO 
                   APPROVE CERTAIN LNG TERMINAL PROPOSALS.

       (a) In General.--Section 3(e) of the Natural Gas Act (15 
     U.S.C. 717b(e)) is amended by adding at the end the 
     following:
       ``(5) Authority of secretary of energy over certain 
     proposals.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Additional export proposal.--The term `additional 
     export proposal' means any proposal submitted to the 
     Secretary by a new or existing LNG terminal--

       ``(I) to initiate the export of natural gas to a foreign 
     country, with respect to a LNG terminal that does not so 
     export natural gas as of the date of submission of the 
     proposal; or
       ``(II) to increase the quantity of natural gas exported to 
     a foreign country by the LNG terminal, with respect to a LNG 
     terminal that exports natural gas as of the date of 
     submission of the proposal.

       ``(ii) Foreign country.--The term `foreign country' means a 
     nation in which there is not in effect a free trade agreement 
     requiring national treatment for trade in natural gas.
       ``(iii) Secretary.--The term `Secretary' means the 
     Secretary of Energy, acting pursuant to sections 301(b) and 
     402(f) of the Department of Energy Organization Act (42 
     U.S.C. 7151(b), 7172(f)).
       ``(B) Limitation.--
       ``(i) In general.--Notwithstanding part 590 of title 10, 
     Code of Federal Regulations (or successor regulations), or 
     any other provision of law (including regulations), the 
     Secretary may not take into consideration or approve any 
     additional export proposal if approving the additional export 
     proposal would raise the total quantity of natural gas 
     cumulatively approved for export to foreign countries from 
     United States facilities above a level included in a study 
     conducted under clause (ii).
       ``(ii) Study.--The Secretary shall conduct an economic 
     impact study that includes an analysis of the impact of 
     exporting natural gas on--

       ``(I) domestic natural gas prices;
       ``(II) regional domestic natural gas prices;
       ``(III) natural gas prices for domestic consumers, 
     manufacturers, and other industries; and
       ``(IV) the global economic competitiveness of domestic 
     manufacturers and other domestic industries.''.

       (b) Applicability.--The amendment made by subsection (a) 
     shall not apply to any export proposal that received final 
     approval from the Secretary before or on the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3074. Mr. BLUNT (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                TITLE __--WITHDRAWAL OF CLEAN POWER PLAN

     SEC. __01. FINDINGS.

       Congress finds that--
       (1) on October 23, 2015, the Administrator of the 
     Environmental Protection Agency (referred to in this title as 
     the ``Administrator'') published in the Federal Register 
     rules that are inextricably linked and collectively known as 
     the ``Clean Power Plan'', including--
       (A) the final rule entitled ``Carbon Pollution Emission 
     Guidelines for Existing Stationary Sources: Electric Utility 
     Generating Units'' (80 Fed. Reg. 64662 (October 23, 2015));
       (B) the final rule entitled ``Standards of Performance for 
     Greenhouse Gas Emissions from New, Modified, and 
     Reconstructed Stationary Sources: Electric Utility Generating 
     Units'' (80 Fed. Reg. 64510 (October 23, 2015)); and
       (C) the proposed rule entitled ``Federal Plan Requirements 
     for Greenhouse Gas Emissions from Electric Utility Generating 
     Units Constructed on or Before January 8, 2014; Model Trading 
     Rules; Amendments to Framework Regulations'' (80 Fed. Reg. 
     64966 (October 23, 2015)); and
       (2) the final rules described in subparagraphs (A) and (B) 
     of paragraph (1)--
       (A) materially depart from the proposed versions of those 
     final rules and are not logical outgrowths of the proposed 
     versions; and
       (B) are legally deficient because the Administrator did not 
     allow for adequate notice and opportunity for comment on the 
     proposed rules that preceded those final rules.

     SEC. __02. WITHDRAWAL OF CLEAN POWER PLAN.

       The Administrator shall--
       (1) withdraw each of the rules described in section 
     __01(1); and
       (2) reissue any of those rules only as a new proposed rule 
     with a new notice and comment period.
                                 ______
                                 
  SA 3075. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REVIEW OF ECONOMIC IMPACT OF BSEE RULE ON SMALL 
                   ENTITIES.

       (a) Definitions.--In this section--

[[Page S364]]

       (1) the term ``BSEE'' means the Bureau of Safety and 
     Environmental Enforcement;
       (2) the term ``Chief Counsel'' means the Chief Counsel for 
     Advocacy of the Small Business Administration;
       (3) the term ``covered proposed rule'' means the proposed 
     rule of the BSEE entitled ``Oil and Gas and Sulphur 
     Operations in the Outer Continental Shelf--Blowout Preventer 
     Systems and Well Control'' (80 Fed. Reg. 21504 (April 17, 
     2015)); and
       (4) the term ``small entity'' has the meaning given the 
     term in section 601 of title 5, United States Code.
       (b) Requirement to Conduct Review.--
       (1) In general.--If the BSEE issues a final rule for the 
     covered proposed rule, then not later than 1 year after the 
     effective date of the final rule the BSEE, in consultation 
     with the Chief Counsel, shall complete a review of the final 
     rule under section 610 of title 5, United States Code.
       (2) Assessment of economic impact.--In conducting the 
     review required under paragraph (1), the BSEE, in 
     consultation with the Chief Counsel, shall assess the 
     economic impact of the final rule on small entities in the 
     oil and gas supply chain.
       (3) Report.--Not later than 180 days after the date on 
     which the review is completed under this subsection, the 
     BSEE, in consultation with the Chief Counsel, shall submit to 
     Congress a report on the findings of the review.
                                 ______
                                 
  SA 3076. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. GROUND-LEVEL OZONE STANDARDS.

       Notwithstanding any other provision of law (including 
     regulations), in promulgating a national primary or secondary 
     ambient air quality standard for ozone, the Administrator of 
     the Environmental Protection Agency shall only consider all 
     or part of a county to be a nonattainment area under the 
     standard on the basis of direct air quality monitoring.
                                 ______
                                 
  SA 3077. Mr. ROBERTS (for himself and Mr. Boozman) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike sections 4501 through 4503.
                                 ______
                                 
  SA 3078. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 3017.
                                 ______
                                 
  SA 3079. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. WAIVER OF JONES ACT REQUIREMENTS FOR OIL AND 
                   GASOLINE TANKERS.

       (a) In General.--Section 12112 of title 46, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``A coastwise'' and 
     inserting ``Except as provided in subsection (b), a 
     coastwise'';
       (2) by redesignating subsection (b) as subsection (c); and
       (3) by inserting after subsection (a) the following:
       ``(b) Waiver for Oil and Gasoline Tankers.--The 
     requirements of subsection (a) shall not apply to an oil or 
     gasoline tanker vessel and a coastwise endorsement may be 
     issued for any such tanker vessel that otherwise qualifies 
     under the laws of the United States to engage in the 
     coastwise trade.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Commandant of the United 
     States Coast Guard shall issue regulations to implement the 
     amendments made by subsection (a). Such regulations shall 
     require that an oil or gasoline tanker vessel permitted to 
     engaged in the coastwise trade pursuant to subsection (b) of 
     section 12112 of title 46, United States Code, as amended by 
     subsection (a), meets all appropriate safety and security 
     requirements.
                                 ______
                                 
  SA 3080. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ARTIFICIAL REEF PROMOTION ACT OF 2016.

       (a) Short Title.--This section may be cited as the 
     ``Artificial Reef Promotion Act of 2016''.
       (b) Permits for Construction and Management of Artificial 
     Reefs.--Section 205 of the National Fishing Enhancement Act 
     of 1984 (33 U.S.C. 2104) is amended--
       (1) by redesignating subsections (b) through (e) as 
     subsections (d) through (g), respectively; and
       (2) by striking subsection (a) and inserting the following:
       ``(a) Action on Permits.--
       ``(1) In general.--In issuing a permit for an artificial 
     reef under section 10 of the Act entitled `An Act making 
     appropriations for the construction, repair, and preservation 
     of certain public works on rivers and harbors, and for other 
     purposes', approved March 3, 1899 (commonly known as the 
     `Rivers and Harbors Appropriation Act of 1899') (33 U.S.C. 
     403), section 404 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1344), or section 4(e) of the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1333(e)), the Secretary shall--
       ``(A) consult with and consider the views of appropriate 
     Federal agencies, States, local governments, and other 
     interested parties;
       ``(B) ensure that the provisions for siting, constructing, 
     monitoring, and managing the artificial reef are consistent 
     with the criteria and standards established under this Act;
       ``(C) ensure that the title to the artificial reef 
     construction material is unambiguous, and that responsibility 
     for maintenance and the financial ability to assume liability 
     for future damages are clearly established;
       ``(D) ensure that a State assuming liability under 
     subparagraph (C) has established an artificial reef 
     maintenance fund; and
       ``(E) consider the plan developed under section 204 and 
     notify the Secretary of Commerce of any need to deviate from 
     that plan.
       ``(2) Regulations.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Directors shall 
     promulgate regulations that expedite the review of a final 
     application such that a decision is rendered not later than 
     150 days after the date on which the application is 
     submitted.
       ``(B) Regulations promulgated by the commanding general.--
     Not later than 180 days after the date of enactment of the 
     Artificial Reef Promotion Act of 2016, the Commanding General 
     shall promulgate regulations that expedite the review of a 
     final application by the Secretary such that a decision is 
     rendered not later than 120 days after the date on which the 
     application is submitted.
       ``(b) Siting.--
       ``(1) Number.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Artificial Reef Promotion Act of 2016, the 
     Commanding General shall, in consultation with the Directors 
     and appropriate State agencies, designate not fewer than 20 
     artificial reef planning areas.
       ``(B) Gulf states.--Of the artificial reef planning areas 
     described in subparagraph (A)--
       ``(i) 6 shall be located outside the seaward boundary of 
     the State of Texas;
       ``(ii) 6 shall be located outside the seaward boundary of 
     the State of Louisiana;
       ``(iii) 3 shall be located outside the seaward boundaries 
     of the State of Alabama and State of Mississippi; and
       ``(iv) 5 shall be located outside the seaward boundary of 
     the State of Florida.
       ``(C) Inclusions.--The sites described in subparagraph (A) 
     include any artificial reef planning area existing on the day 
     before the date of enactment of the Artificial Reef Promotion 
     Act of 2016 if the boundaries and area of the site are 
     modified to meet the requirements of this Act.
       ``(2) Boundaries and proximity to shoreline.--
       ``(A) In general.--The Directors shall, in consultation 
     with the Commanding General and appropriate State agencies--
       ``(i) ensure that each artificial reef planning area 
     described in paragraph (1)(A)--

       ``(I) is sited a reasonable proximity to the shoreline, as 
     determined by the Directors; and
       ``(II) includes as many platforms as practical, as 
     determined by the Directors; and

       ``(ii) determine the appropriate size and boundaries for 
     each site.
       ``(B) Minimum area.--
       ``(i) In general.--Each artificial reef planning area 
     described in paragraph (1)(A) shall be not smaller than 12 
     contiguous lease blocks.
       ``(ii) Application.--Clause (i) shall apply to any 
     artificial reef planning area existing before, on, or after 
     the date of enactment of the Artificial Reef Promotion Act of 
     2016.
       ``(3) Distance between sites.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Artificial Reef Promotion Act of 2016, 
     the Director of the Bureau of Safety and Environmental 
     Enforcement shall promulgate a regulation that regulates the 
     distance between platforms used as artificial reefs.
       ``(B) Maximum.--The distance contained in the regulation 
     described in subparagraph (A) shall be not greater than 2 
     miles.
       ``(4) Depth.--

[[Page S365]]

       ``(A) In general.--Of the artificial reef planning areas 
     described in paragraph (1)(A)--
       ``(i) not fewer than 10 shall be located at a water depth 
     of--

       ``(I) not less than 100 feet; and
       ``(II) not greater than 200 feet; and

       ``(ii) not fewer than 10 shall be located at a water depth 
     of greater than 200 feet.
       ``(B) Sites in water depth of not greater than 100 feet.--
     The Commanding General shall, in consultation with the 
     Directors and appropriate State agencies, designate 
     artificial reef planning areas, where practicable, at a water 
     depth of not greater than 100 feet.
       ``(5) Requirements for permittees.--
       ``(A) In general.--A person to whom a permit is issued 
     under subsection (a)(1) shall--
       ``(i) construct the artificial reef in an artificial reef 
     site located in an artificial reef planning area described in 
     paragraph (1)(A);
       ``(ii) comply with--

       ``(I) any regulation promulgated by the Director of the 
     Bureau of Safety and Environmental Enforcement relating to 
     reef planning;
       ``(II) the plan developed under section 204; and
       ``(III) any applicable plan developed by a State; and

       ``(iii) if the person owns platforms, not later than 180 
     days after the date on which the Commanding General 
     designates the artificial reef planning areas under paragraph 
     (1), submit to the Director of the Bureau of Safety and 
     Environmental Enforcement and appropriate State agencies 
     notice that identifies 20 percent of the platforms to be used 
     as artificial reefs.
       ``(B) Donated platforms.--
       ``(i) In general.--A person described in subparagraph 
     (A)(iii) shall include in a final application the artificial 
     reef planning area and the artificial reef site in which the 
     platforms described in subparagraph (A)(iii) will be located.
       ``(ii) Depth.--The area and site described in clause (i) 
     shall be consistent with the depth requirements in paragraph 
     (4).
       ``(iii) Area or site filled to capacity.--If the Director 
     of the Bureau of Safety and Environmental Enforcement or 
     appropriate State agency determines that the area or site 
     chosen by the person under clause (i) is filled to capacity, 
     the person shall choose a different area or site.
       ``(6) Regulations.--
       ``(A) Capacity of reef sites.--No regulation shall require 
     that an artificial reef planning area described in paragraph 
     (1)(A) be filled to capacity with platforms before another 
     artificial reef planning area is established.
       ``(B) Minimum water depth.--
       ``(i) In general.--The Secretary shall, in consultation 
     with the Secretary of the department in which the Coast Guard 
     is operating, promulgate regulations for the minimum water 
     depth required to cover an artificial reef.
       ``(ii) Depth not greater than 85 feet.--If the minimum 
     water depth described in clause (i) is not greater than 85 
     feet, the Secretary of the department in which the Coast 
     Guard is operating shall--

       ``(I) evaluate each artificial reef site to ensure that the 
     site is properly marked to reduce any navigational hazard;
       ``(II) not later than 30 days on which a final application 
     is submitted, review the application to ensure that the 
     artificial reef site will contain the markings described in 
     subclause (I);
       ``(III) indicate on appropriate nautical charts the 
     location of each artificial reef planning area and artificial 
     reef site; and
       ``(IV) provide mariners with notice of the location of each 
     artificial reef site in a manner that the Secretary of the 
     department in which the Coast Guard is operating determines 
     is appropriate.

       ``(7) Review.--Not later than 3 years after the date of 
     enactment of the Artificial Reef Promotion Act of 2016, the 
     Director of the Bureau of Safety and Environmental 
     Enforcement, shall review the artificial reef planning areas 
     described in paragraph (1)(A) to determine the effectiveness 
     of using decommissioned platforms as artificial reefs.
       ``(c) Preference Given to Applications Seeking To Use 
     Decommissioned Platforms as Artificial Reefs.--The Regional 
     Supervisor shall give preference to a final application.
       ``(d) Regulations Governing Decommissioned Platforms.--Any 
     regulation in effect on the date of enactment of the 
     Artificial Reef Promotion Act of 2016 that governs the 
     decommissioning or removal of a platform that is not being 
     decommissioned for use as an artificial reef shall continue 
     to govern the decommissioning or removal of the platform.''.
       (c) Definitions.--Section 206 of the National Fishing 
     Enhancement Act of 1984 (33 U.S.C. 2105) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (11) and (12), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Artificial reef.--The term `artificial reef' means a 
     structure that is constructed or placed in the Gulf of Mexico 
     for the purpose of enhancing fishery resources and commercial 
     and recreational fishing opportunities.
       ``(3) Artificial reef planning area.--The term `artificial 
     reef planning area' means a designated area within which 
     artificial reef sites may be located when--
       ``(A) a person obtains all appropriate permits; and
       ``(B) each platform located in the artificial reef site is 
     appropriately prepared.
       ``(4) Artificial reef site.--The term `artificial reef 
     site' means an area within an artificial reef planning area 
     that has been cleared to have decommissioned platforms placed 
     in the boundaries of the artificial reef planning area to be 
     used as an artificial reef.
       ``(5) Commanding general.--The term `Commanding General' 
     means the Commanding General of the Corps of Engineers.
       ``(6) Decommissioning.--The term `decommission' includes 
     removing and moving a platform to an artificial reef site.
       ``(7) Directors.--The term `Directors' means--
       ``(A) the Director of the Bureau of Safety and 
     Environmental Enforcement; and
       ``(B) the Director of the Bureau of Ocean Energy 
     Management.
       ``(8) Final application.--The term `final application' 
     means a final application submitted to dispose of or remove a 
     platform for use as an artificial reef under section 
     250.1727(g) of title 30, Code of Federal Regulations (or 
     successor regulations).
       ``(9) Platform.--The term `platform' means an offshore oil 
     and gas platform in the Gulf of Mexico.
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.''.
       (d) Savings Clauses.--Section 208 of the National Fishing 
     Enhancement Act of 1984 (33 U.S.C. 2106) is amended by adding 
     after subsection (b) the following:
       ``(c) Miscellaneous.--Nothing in this Act shall--
       ``(1) hinder or invalidate--
       ``(A) the transfer of liability to the person to whom title 
     of a platform is transferred when the platform is donated or 
     becomes an artificial reef; and
       ``(B) any term or condition of any existing lease; and
       ``(2) require that--
       ``(A) a platform be left standing above the surface of the 
     water; and
       ``(B) an owner of a platform notify any party, other than 
     the Directors and the appropriate State agencies that 
     coordinate with the Commanding General, of any plan to 
     decommission a platform before abandonment operations 
     commence.''.
                                 ______
                                 
  SA 3081. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title V, add the following:

     SEC. 5004. PAYMENTS IN LIEU OF TAXES.

       Section 6903 of title 31, United States Code, is amended--
       (1) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``A payment'' and inserting 
     ``Except as provided in subsection (e), a payment''; and
       (2) by adding at the end the following:
       ``(e) Alternate Payment.--
       ``(1) In general.--A unit of general local government may 
     opt out of the payment calculation that would otherwise apply 
     under subsection (b)(1), by notifying the Secretary of the 
     Interior, by the deadline established by the Secretary of the 
     Interior, of the election of the unit of general local 
     government to receive an alternate payment amount, as 
     calculated in accordance with the formula established under 
     paragraph (2).
       ``(2) Formula.--As soon as practicable after the date of 
     enactment of this subsection, the Secretary of the Interior 
     shall establish an alternate payment formula that is based on 
     the estimated forgone property taxes, using a fair market 
     valuation, due to the presence of Federal land within the 
     unit of general local government.''.
                                 ______
                                 
  SA 3082. Mr. BARRASSO (for himself, Mr. Enzi, Mr. Inhofe, Mr. Daines, 
Mr. Blunt, Mr. Gardner, Mr. Hatch, and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 34__. CERTIFICATION PRIOR TO ROYALTY RATE INCREASE.

       Section 7 of the Mineral Leasing Act (30 U.S.C. 207) is 
     amended by adding at the end the following:
       ``(d) Certification Prior to Royalty Rate Increase.--The 
     Secretary of the Interior may not increase the royalty rate 
     on coal under subsection (a) until the Secretary of the 
     Interior, in consultation with the Secretary of Energy and 
     the Federal Energy Regulatory Commission, certifies that the 
     increased royalty rate would not--
       ``(1) contribute to higher electricity prices for consumers 
     and businesses in the United States; and
       ``(2) adversely impact the reliability of the bulk-power 
     system of the United States.''.
                                 ______
                                 
  SA 3083. Mr. BARRASSO (for himself, Mr. Enzi, Mr. Inhofe, Mr. Daines, 
Mr. Blunt, Mr. Gardner, Mr. Hatch, and Mr. Lee) submitted an amendment 
intended to be proposed to amendment

[[Page S366]]

SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for 
the modernization of the energy policy of the United States, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 34__. EXPIRATION OF SECRETARIAL ORDER 3338.

       The Secretary of the Interior may not implement or enforce 
     Secretarial Order 3338, issued by the Secretary of the 
     Interior on January 15, 2016 (or a substantially similar 
     order), after January 20, 2017.
                                 ______
                                 
  SA 3084. Mr. MERKLEY (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 3703 (relating to eligible projects) and 
     insert the following:

     SEC. 3703. ELIGIBLE PROJECTS.

       Sec 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     16513(b)) is amended--
       (1) in paragraph (1), by inserting ``(excluding the burning 
     of commonly recycled paper that has been segregated from 
     solid waste to generate electricity)'' after ``systems''; and
       (2) by adding at the end the following:
       ``(11) Electric and advanced technology vehicle fleets.
       ``(12) Electricity storage technologies.''.
                                 ______
                                 
  SA 3085. Mr. WARNER (for himself and Mr. Kaine) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY 
                   MODIFICATION.

       (a) In General.--The boundary of the Petersburg National 
     Battlefield is modified to include the land and interests in 
     land as generally depicted on the map titled ``Petersburg 
     National Battlefield Boundary Expansion'', numbered 325/
     80,080, and dated June 2007. The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (b) Acquisition of Properties.--The Secretary of the 
     Interior (referred to in this section as the ``Secretary'') 
     is authorized to acquire the land and interests in land, 
     described in subsection (a), from willing sellers only, by 
     donation, purchase with donated or appropriated funds, 
     exchange, or transfer.
       (c) Administration.--The Secretary shall administer any 
     land or interests in land acquired under subsection (b) as 
     part of the Petersburg National Battlefield in accordance 
     with applicable laws and regulations.
       (d) Administrative Jurisdiction Transfer.--
       (1) In general.--There is transferred--
       (A) from the Secretary to the Secretary of the Army 
     administrative jurisdiction over the approximately 1.170-acre 
     parcel of land depicted as ``Area to be transferred to Fort 
     Lee Military Reservation'' on the map described in paragraph 
     (2); and
       (B) from the Secretary of the Army to the Secretary 
     administrative jurisdiction over the approximately 1.171-acre 
     parcel of land depicted as ``Area to be transferred to 
     Petersburg National Battlefield'' on the map described in 
     paragraph (2).
       (2) Map.--The land transferred is depicted on the map 
     titled ``Petersburg National Battlefield Proposed Transfer of 
     Administrative Jurisdiction'', numbered 325/80,801A, dated 
     May 2011. The map shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (3) Conditions of transfer.--The transfer of administrative 
     jurisdiction under paragraph (1) is subject to the following 
     conditions:
       (A) No reimbursement or consideration.--The transfer is 
     without reimbursement or consideration.
       (B) Management.--The land conveyed to the Secretary under 
     paragraph (1) shall be included within the boundary of the 
     Petersburg National Battlefield and shall be administered as 
     part of that park in accordance with applicable laws and 
     regulations.
                                 ______
                                 
  SA 3086. Mr. MURPHY (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. LOWER FARMINGTON RIVER AND SALMON BROOK, 
                   CONNECTICUT.

       (a) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
     end the following:
       ``(213) Lower farmington river and salmon brook, 
     connecticut.--Segments of the main stem and its tributary, 
     Salmon Brook, totaling approximately 62 miles, to be 
     administered by the Secretary of the Interior as follows:
       ``(A) The approximately 27.2-mile segment of the Farmington 
     River beginning 0.2 miles below the tailrace of the Lower 
     Collinsville Dam and extending to the site of the Spoonville 
     Dam in Bloomfield and East Granby as a recreational river.
       ``(B) The approximately 8.1-mile segment of the Farmington 
     River extending from 0.5 miles below the Rainbow Dam to the 
     confluence with the Connecticut River in Windsor as a 
     recreational river.
       ``(C) The approximately 2.4-mile segment of the main stem 
     of Salmon Brook extending from the confluence of the East and 
     West Branches to the confluence with the Farmington River as 
     a recreational river.
       ``(D) The approximately 12.6-mile segment of the West 
     Branch of Salmon Brook extending from its headwaters in 
     Hartland, Connecticut to its confluence with the East Branch 
     of Salmon Brook as a recreational river.
       ``(E) The approximately 11.4-mile segment of the East 
     Branch of Salmon Brook extending from the Massachusetts-
     Connecticut State line to the confluence with the West Branch 
     of Salmon Brook as a recreational river.''.
       (b) Management.--
       (1) In general.--The river segments designated by 
     subsection (a) shall be managed in accordance with the Lower 
     Farmington River and Salmon Brook Management Plan, June 2011, 
     prepared by the Lower Farmington River and Salmon Brook Wild 
     and Scenic Study Committee (referred to in this section as 
     the ``management plan'') and such amendments to the 
     management plan as the Secretary of the Interior (referred to 
     in this section as the ``Secretary'') determines are 
     consistent with this subsection. The management plan shall be 
     deemed to satisfy the requirements for a comprehensive 
     management plan pursuant to section 3(d) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(d)).
       (2) Committee.--The Secretary shall coordinate the 
     management responsibilities of the Secretary under this 
     subsection with the Lower Farmington River and Salmon Brook 
     Wild and Scenic Committee, as specified in the management 
     plan.
       (3) Cooperative agreements.--
       (A) In general.--In order to provide for the long-term 
     protection, preservation, and enhancement of the river 
     segment designated by subsection (a), the Secretary is 
     authorized to enter into cooperative agreements pursuant to 
     sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1281(e), 1282(b)(1)) with--
       (i) the State of Connecticut;
       (ii) the towns of Avon, Bloomfield, Burlington, East 
     Granby, Farmington, Granby, Hartland, Simsbury, and Windsor 
     in Connecticut; and
       (iii) appropriate local planning and environmental 
     organizations.
       (B) Consistency.--All cooperative agreements provided for 
     under this paragraph shall be consistent with the management 
     plan and may include provisions for financial or other 
     assistance from the United States.
       (4) Land management.--
       (A) Zoning ordinances.--For the purposes of the segments 
     designated by subsection (a), the zoning ordinances adopted 
     by the towns in Avon, Bloomfield, Burlington, East Granby, 
     Farmington, Granby, Hartland, Simsbury, and Windsor in 
     Connecticut, including provisions for conservation of 
     floodplains, wetlands and watercourses associated with the 
     segments, shall be deemed to satisfy the standards and 
     requirements of section 6(c) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1277(c)).
       (B) Acquisition of land.--The provisions of section 6(c) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that 
     prohibit Federal acquisition of lands by condemnation shall 
     apply to the segments designated by subsection (a). The 
     authority of the Secretary to acquire lands for the purposes 
     of the segments designated by subsection (a) shall be limited 
     to acquisition by donation or acquisition with the consent of 
     the owner of the lands, and shall be subject to the 
     additional criteria set forth in the management plan.
       (5) Rainbow dam.--The designation made by subsection (a) 
     shall not be construed to--
       (A) prohibit, pre-empt, or abridge the potential future 
     licensing of the Rainbow Dam and Reservoir (including any and 
     all aspects of its facilities, operations and transmission 
     lines) by the Federal Energy Regulatory Commission as a 
     federally licensed hydroelectric generation project under the 
     Federal Power Act, provided that the Commission may, in the 
     discretion of the Commission and consistent with this 
     subsection, establish such reasonable terms and conditions in 
     a hydropower license for Rainbow Dam as are necessary to 
     reduce impacts identified by the Secretary as invading or 
     unreasonably diminishing the scenic, recreational, and fish 
     and wildlife values of the segments designated by subsection 
     (a); or
       (B) affect the operation of, or impose any flow or release 
     requirements on, the unlicensed hydroelectric facility at 
     Rainbow Dam and Reservoir.
       (6) Relation to national park system.--Notwithstanding 
     section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1281(c)), the Lower Farmington River shall not be 
     administered as part of the National Park System

[[Page S367]]

     or be subject to regulations which govern the National Park 
     System.
       (c) Farmington River, Connecticut, Designation Revision.--
     Section 3(a)(156) of the Wild and Scenic Rivers Act (16 
     U.S.C. 1274(a)) is amended in the first sentence--
       (1) by striking ``14-mile'' and inserting ``15.1-mile''; 
     and
       (2) by striking ``to the downstream end of the New 
     Hartford-Canton, Connecticut town line'' and inserting ``to 
     the confluence with the Nepaug River''.
                                 ______
                                 
  SA 3087. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 2201 (relating to action on applications to 
     export liquefied natural gas).
                                 ______
                                 
  SA 3088. Ms. KLOBUCHAR (for herself, Mr. Schumer, Mr. Casey, Mr. 
Blumenthal, Mr. Menendez, and Mr. Franken) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 427, after line 4, add the following:

             TITLE VI--CARBON MONOXIDE POISONING PREVENTION

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Nicholas and Zachary Burt 
     Memorial Carbon Monoxide Poisoning Prevention Act of 2015''.

     SEC. 6002. FINDINGS AND SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Carbon monoxide is a colorless, odorless gas produced 
     by burning any fuel. Exposure to unhealthy levels of carbon 
     monoxide can lead to carbon monoxide poisoning, a serious 
     health condition that could result in death.
       (2) Unintentional carbon monoxide poisoning from motor 
     vehicles and improper operation of fuel-burning appliances, 
     such as furnaces, water heaters, portable generators, and 
     stoves, kills more than 400 people each year and sends 
     approximately 15,000 to hospital emergency rooms for 
     treatment.
       (3) Research shows that installing carbon monoxide alarms 
     close to the sleeping areas in residential homes and other 
     dwelling units can help avoid fatalities.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress should promote the installation of carbon monoxide 
     alarms in residential homes and dwelling units nationwide in 
     order to promote the health and public safety of citizens 
     throughout the United States.

     SEC. 6003. DEFINITIONS.

       In this title:
       (1) Carbon monoxide alarm.--The term ``carbon monoxide 
     alarm'' means a device or system that--
       (A) detects carbon monoxide; and
       (B) is intended to alarm at carbon monoxide concentrations 
     below those that could cause a loss of ability to react to 
     the dangers of carbon monoxide exposure.
       (2) Commission.--The term ``Commission'' means the Consumer 
     Product Safety Commission.
       (3) Compliant carbon monoxide alarm.--The term ``compliant 
     carbon monoxide alarm'' means a carbon monoxide alarm that 
     complies with the most current version of--
       (A) the Standard for Single and Multiple Station Carbon 
     Monoxide Alarms of the American National Standards Institute 
     and UL (ANSI/UL 2034) or successor standard; and
       (B) the Standard for Gas and Vapor Detectors and Sensors of 
     the American National Standards Institute and UL (ANSI/UL 
     2075) or successor standard.
       (4) Dwelling unit.--The term ``dwelling unit'' means a room 
     or suite of rooms used for human habitation, and includes a 
     single family residence as well as each living unit of a 
     multiple family residence (including apartment buildings) and 
     each living unit in a mixed use building.
       (5) Fire code enforcement officials.--The term ``fire code 
     enforcement officials'' means officials of the fire safety 
     code enforcement agency of a State or local government or 
     tribal organization.
       (6) NFPA 720.--The term ``NFPA 720'' means--
       (A) the Standard for the Installation of Carbon Monoxide 
     Detection and Warning Equipment issued by the National Fire 
     Protection Association in 2012; and
       (B) any amended or similar successor standard pertaining to 
     the proper installation of carbon monoxide alarms in dwelling 
     units.
       (7) State.--The term ``State'' has the meaning given such 
     term in section 3 of the Consumer Product Safety Act (15 
     U.S.C. 2052) and includes the Northern Mariana Islands and 
     any political subdivision of a State.
       (8) Tribal organization.--The term ``tribal organization'' 
     has the meaning given such term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b).

     SEC. 6004. GRANT PROGRAM FOR CARBON MONOXIDE POISONING 
                   PREVENTION.

       (a) In General.--Subject to the availability of 
     appropriations authorized under subsection (f), the 
     Commission shall establish a grant program to provide 
     assistance to eligible States and tribal organizations to 
     carry out the carbon monoxide poisoning prevention activities 
     described in subsection (e).
       (b) Eligibility.--For purposes of this section, an eligible 
     State or tribal organization is any State or tribal 
     organization that--
       (1) demonstrates to the satisfaction of the Commission that 
     the State or tribal organization has adopted a statute or a 
     rule, regulation, or similar measure with the force and 
     effect of law, requiring compliant carbon monoxide alarms to 
     be installed in dwelling units in accordance with NFPA 720; 
     and
       (2) submits an application to the Commission at such time, 
     in such form, and containing such additional information as 
     the Commission may require, which application may be filed on 
     behalf of the State or tribal organization by the fire code 
     enforcement officials for such State or tribal organization.
       (c) Grant Amount.--The Commission shall determine the 
     amount of the grants awarded under this section.
       (d) Selection of Grant Recipients.--In selecting eligible 
     States and tribal organizations for the award of grants under 
     this section, the Commission shall give favorable 
     consideration to an eligible State or tribal organization 
     that--
       (1) requires the installation of compliant carbon monoxide 
     alarms in new or existing educational facilities, childcare 
     facilities, health care facilities, adult dependent care 
     facilities, government buildings, restaurants, theaters, 
     lodging establishments, or dwelling units--
       (A) within which a fuel-burning appliance is installed, 
     including a furnace, boiler, water heater, fireplace, or any 
     other apparatus, appliance, or device that burns fuel; or
       (B) which has an attached garage; and
       (2) has developed a strategy to protect vulnerable 
     populations such as children, the elderly, or low-income 
     households.
       (e) Use of Grant Funds.--
       (1) In general.--An eligible State or tribal organization 
     receiving a grant under this section may use such grant--
       (A) to purchase and install compliant carbon monoxide 
     alarms in the dwelling units of low-income families or 
     elderly persons, facilities that commonly serve children or 
     the elderly, including childcare facilities, public schools, 
     and senior centers, or student dwelling units owned by public 
     universities;
       (B) to train State, tribal organization, or local fire code 
     enforcement officials in the proper enforcement of State, 
     tribal, or local laws concerning compliant carbon monoxide 
     alarms and the installation of such alarms in accordance with 
     NFPA 720;
       (C) for the development and dissemination of training 
     materials, instructors, and any other costs related to the 
     training sessions authorized by this subsection; or
       (D) to educate the public about the risk associated with 
     carbon monoxide as a poison and the importance of proper 
     carbon monoxide alarm use.
       (2) Limitations.--
       (A) Administrative costs.--Not more than 5 percent of any 
     grant amount received under this section may be used to cover 
     administrative costs not directly related to training 
     described in paragraph (1)(B).
       (B) Public outreach.--Not more than 25 percent of any grant 
     amount received under this section may be used to cover costs 
     of activities described in paragraph (1)(D).
       (f) Authorization of Appropriations.--
       (1) In general.--Subject to paragraph (2), there is 
     authorized to be appropriated to the Commission, for each of 
     the fiscal years 2015 through 2019, $2,000,000, which shall 
     remain available until expended to carry out this Act.
       (2) Limitation on administrative expenses.--Not more than 
     10 percent of the amounts appropriated or otherwise made 
     available to carry out this section may be used for 
     administrative expenses.
       (3) Retention of amounts.--Any amounts appropriated 
     pursuant to this subsection that remain unexpended and 
     unobligated on September 30, 2019, shall be retained by the 
     Commission and credited to the appropriations account that 
     funds the enforcement of the Consumer Product Safety Act (15 
     U.S.C. 2051).
       (g) Report.--Not later than 1 year after the last day of 
     each fiscal year for which grants are awarded under this 
     section, the Commission shall submit to Congress a report 
     that evaluates the implementation of the grant program 
     required by this section.
                                 ______
                                 
  SA 3089. Ms. KLOBUCHAR (for herself, Mr. Hoeven, and Ms. Baldwin) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. NORTH COUNTRY NATIONAL SCENIC TRAIL.

       (a) Route Adjustment.--Section 5(a)(8) of the National 
     Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the 
     first sentence--
       (1) by striking ``thirty two hundred miles, extending from 
     eastern New York State'' and inserting ``4,600 miles, 
     extending from the Appalachian Trail in Vermont''; and

[[Page S368]]

       (2) by striking ``Proposed North Country Trail'' and all 
     that follows through ``June 1975.'' and inserting `` `North 
     Country National Scenic Trail, Authorized Route' dated 
     February 2014, and numbered 649/116870.''.
       (b) No Condemnation.--Section 5(a)(8) of the National 
     Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding 
     at the end the following: ``No land or interest in land 
     outside of the exterior boundary of any Federally 
     administered area may be acquired by the Federal Government 
     for the trail by condemnation.''.
                                 ______
                                 
  SA 3090. Ms. KLOBUCHAR (for herself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 123, between lines 19 and 20, insert the following:

     SEC. 1107. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE 
                   LABELS.

       Section 324(a)(2) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294(a)(2)) is amended by adding at the end the 
     following:
       ``(J) Special notes on smart grid capabilities.--
       ``(i) Initiation of rulemaking.--Not later than 1 year 
     after the date of the enactment of this subparagraph, the 
     Commission shall initiate a rulemaking to consider making a 
     special note in a prominent manner on any Energy Guide label 
     for any product that includes Smart Grid capability that--

       ``(I) Smart Grid capability is a feature of that product;
       ``(II) the use and value of that feature depend on the 
     Smart Grid capability of the utility system in which the 
     product is installed and the active utilization of that 
     feature by the customer; and
       ``(III) on a utility system with Smart Grid capability, the 
     use of the product's Smart Grid capability could reduce the 
     customer's cost of the product's annual operation by an 
     estimated dollar amount range representing the result of 
     incremental energy and electricity cost savings that would 
     result from the customer taking full advantage of such Smart 
     Grid capability.

       ``(ii) Completion of rulemaking.--Not later than 3 years 
     after the date of the enactment of this subparagraph, the 
     Commission shall complete the rulemaking initiated under 
     clause (i).''.
                                 ______
                                 
  SA 3091. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 175, strike lines 7 through 12 and insert the 
     following:
       (9) standards for storage device performance, control 
     interface, grid interconnection, and interoperability;
       (10) maintaining a public database of energy storage 
     projects, policies, codes, standards, and regulations; and
       (11) electric thermal storage research.
                                 ______
                                 
  SA 3092. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ENERGY ACTION PLAN FOR PUERTO RICO.

       Section 9 of the Consolidated and Further Continuing 
     Appropriations Act, 2015 (48 U.S.C. 1492a), is amended--
       (1) in subsection (a), by striking paragraph (5) and 
     inserting the following:
       ``(5) Secretary.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term Secretary means the Secretary of the Interior.
       ``(B) Application to puerto rico.--With respect to Puerto 
     Rico, the term `Secretary' means the Secretary of Energy.''; 
     and
       (2) in subsection (b)--
       (A) by inserting ``, or, in the case of Puerto Rico, not 
     later than 180 days after the date of enactment of the Energy 
     Policy Modernization Act of 2015,'' after ``of this Act''; 
     and
       (B) by inserting ``(except in the case of Puerto Rico)'' 
     after ``Empowering Insular Communities activity''.
                                 ______
                                 
  SA 3093. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At end of subtitle B of title III, add the following:

     SEC. 3105. EXTENSION OF MORATORIUM ON OIL AND GAS LEASING IN 
                   CERTAIN AREAS OF GULF OF MEXICO.

       Section 104(a) of the Gulf of Mexico Energy Security Act of 
     2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended in 
     the matter preceding paragraph (1) by striking ``June 30, 
     2022'' and inserting ``June 30, 2027''.
                                 ______
                                 
  SA 3094. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At end of subtitle B of title III, add the following:

     SEC. 3105. MORATORIUM ON OIL- AND GAS-RELATED SEISMIC 
                   ACTIVITIES IN THE EXCLUSIVE ECONOMIC ZONE OFF 
                   THE COAST OF FLORIDA.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, no person may 
     conduct geological or geophysical activities (as those terms 
     are described in the final programmatic environmental impact 
     statement of the Bureau of Ocean Energy Management entitled 
     ``Atlantic OCS Proposed Geological and Geophysical 
     Activities, Mid-Atlantic and South Atlantic Planning Areas'' 
     and completed February 2014) in support of oil or gas 
     exploration and development in any area located within the 
     exclusive economic zone (as defined in section 107 of title 
     46, United States Code) located off the coastline of the 
     State of Florida.
       (b) Termination of Moratorium.--The moratorium described in 
     subsection (a) shall only be terminated if the Administrator 
     of the National Oceanic and Atmospheric Administration 
     determines that the reasonably foreseeable impacts of the 
     geological or geophysical activities described in subsection 
     (a) to individuals or populations of marine mammals, sea 
     turtles, or fish are minimal.
                                 ______
                                 
  SA 3095. Mr. DURBIN (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 352, strike lines 17 through 21 and insert the 
     following:
       ``(8) $5,423,000,000 for fiscal year 2016;
       ``(9) $5,808,000,000 for fiscal year 2017;
       ``(10) $6,220,000,000 for fiscal year 2018;
       ``(11) $6,661,000,000 for fiscal year 2019; and
       ``(12) $7,134,000,000 for fiscal year 2020.''.
                                 ______
                                 
  SA 3096. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 359, strike line 7 and insert the following:

     SEC. 4204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER 
                   EDUCATION AND OTHER NONPROFIT INSTITUTIONS.

       Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     16352(b)) is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraphs (2) and (3)'' and inserting ``Except as provided 
     in paragraphs (2), (3), and (4)''; and
       (2) by adding at the end the following:
       ``(4) Exemption for institutions of higher education and 
     other nonprofit institutions.--
       ``(A) In general.--Paragraph (1) shall not apply to a 
     research or development activity performed by an institution 
     of higher education or nonprofit institution (as defined in 
     section 4 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3703)).
       ``(B) Termination date.--The exemption under subparagraph 
     (A) shall apply during the 6-year period beginning on the 
     date of enactment of this paragraph.''.

     SEC. 4205. MICROLAB TECHNOLOGY COMMERCIALIZATION.

                                 ______
                                 
  SA 3097. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 359, strike line 7 and insert the following:

     SEC. 4204. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

       (a) Definition of National Laboratory.--
       (1) In general.--In this section, the term ``National 
     Laboratory'' means a nonmilitary national laboratory owned by 
     the Department.
       (2) Inclusions.--The term ``National Laboratory'' 
     includes--
       (A) Ames Laboratory;
       (B) Argonne National Laboratory;
       (C) Brookhaven National Laboratory;
       (D) Fermi National Accelerator Laboratory;
       (E) Idaho National Laboratory;
       (F) Lawrence Berkeley National Laboratory;
       (G) National Energy Technology Laboratory;

[[Page S369]]

       (H) National Renewable Energy Laboratory;
       (I) Oak Ridge National Laboratory;
       (J) Pacific Northwest National Laboratory;
       (K) Princeton Plasma Physics Laboratory;
       (L) Savannah River National Laboratory;
       (M) Stanford Linear Accelerator Center;
       (N) Thomas Jefferson National Accelerator Facility; and
       (O) any laboratory operated by the National Nuclear 
     Security Administration, with respect to the civilian energy 
     activities conducted at the laboratory.
       (b) Public-private Partnerships for Commercialization.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     Secretary shall delegate to directors of the National 
     Laboratories signature authority with respect to any 
     agreement described in paragraph (2) the total cost of which 
     (including the National Laboratory contributions and project 
     recipient cost share) is less than $1,000,000, if the 
     agreement falls within the scope of--
       (A) a strategic plan for the National Laboratory that has 
     been approved by the Department; or
       (B) the most recent congressionally approved budget for 
     Department activities to be carried out by the National 
     Laboratory.
       (2) Agreements.--Paragraph (1) applies to--
       (A) a cooperative research and development agreement;
       (B) a non-Federal work-for-others agreement; and
       (C) any other agreement determined to be appropriate by the 
     Secretary, in collaboration with the directors of the 
     National Laboratories.
       (3) Limitation.--Paragraph (1) does not apply to an 
     agreement with a majority-foreign-owned company.
       (4) Administration.--
       (A) Accountability.--The director of the affected National 
     Laboratory and the affected contractor shall carry out an 
     agreement under this subsection in accordance with applicable 
     policies of the Department, including by ensuring that the 
     agreement does not compromise any national security, 
     economic, or environmental interest of the United States.
       (B) Certification.--The director of the affected National 
     Laboratory and the affected contractor shall certify that 
     each activity carried out under a project for which an 
     agreement is entered into under this subsection does not 
     present, or minimizes, any apparent conflict of interest, and 
     avoids or neutralizes any actual conflict of interest, as a 
     result of the agreement under this subsection.
       (C) Availability of records.--On entering an agreement 
     under this subsection, the director of a National Laboratory 
     shall submit to the Secretary for monitoring and review all 
     records of the National Laboratory relating to the agreement.
       (D) Rates.--The director of a National Laboratory may 
     charge higher rates for services performed under a 
     partnership agreement entered into pursuant to this 
     subsection, regardless of the full cost of recovery, if the 
     funds are exclusively used to support further research and 
     development activities at the applicable National Laboratory.
       (5) Conforming amendment.--Section 12 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is 
     amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (ii) by striking ``Each Federal agency'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     each Federal agency''; and
       (iii) by adding at the end the following:
       ``(2) Exception.--Notwithstanding paragraph (1), in 
     accordance with section 4204(b)(1) of the Energy Policy 
     Modernization Act of 2015, approval by the Secretary of 
     Energy shall not be required for any technology transfer 
     agreement proposed to be entered into by a National 
     Laboratory of the Department of Energy, the total cost of 
     which (including the National Laboratory contributions and 
     project recipient cost share) is less than $1,000,000.''; and
       (B) in subsection (b), by striking ``subsection (a)(1)'' 
     each place it appears and inserting ``subsection (a)(1)(A)''.
       (c) Savings Clause.--Nothing in this section abrogates or 
     otherwise affects the primary responsibilities of any 
     National Laboratory to the Department.

     SEC. 4205. MICROLAB TECHNOLOGY COMMERCIALIZATION.

                                 ______
                                 
  SA 3098. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 359, strike line 7 and insert the following:

     SEC. 4204. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT 
                   PROGRAM.

       (a) Definition of National Laboratory.--In this section:
       (1) In general.--The term ``National Laboratory'' means a 
     nonmilitary national laboratory owned by the Department.
       (2) Inclusions.--The term ``National Laboratory'' 
     includes--
       (A) Ames Laboratory;
       (B) Argonne National Laboratory;
       (C) Brookhaven National Laboratory;
       (D) Fermi National Accelerator Laboratory;
       (E) Idaho National Laboratory;
       (F) Lawrence Berkeley National Laboratory;
       (G) National Energy Technology Laboratory;
       (H) National Renewable Energy Laboratory;
       (I) Oak Ridge National Laboratory;
       (J) Pacific Northwest National Laboratory;
       (K) Princeton Plasma Physics Laboratory;
       (L) Savannah River National Laboratory;
       (M) Stanford Linear Accelerator Center;
       (N) Thomas Jefferson National Accelerator Facility; and
       (O) any laboratory operated by the National Nuclear 
     Security Administration, with respect to the civilian energy 
     activities conducted at the laboratory.
       (b) Agreements for Commercializing Technology Pilot 
     Program.--
       (1) In general.--The Secretary shall carry out the 
     Agreements for Commercializing Technology pilot program of 
     the Department, as announced by the Secretary on December 8, 
     2011, in accordance with this subsection.
       (2) Terms.--Each agreement entered into pursuant to the 
     pilot program referred to in paragraph (1) shall provide to 
     the contractor of the applicable National Laboratory, to the 
     maximum extent determined to be appropriate by the Secretary, 
     increased authority to negotiate contract terms, such as 
     intellectual property rights, indemnification, payment 
     structures, performance guarantees, and multiparty 
     collaborations.
       (3) Eligibility.--
       (A) In general.--Notwithstanding any other provision of law 
     (including regulations), any National Laboratory may enter 
     into an agreement pursuant to the pilot program referred to 
     in paragraph (1).
       (B) Agreements with non-federal entities.--To carry out 
     subparagraph (A) and subject to subparagraph (C), the 
     Secretary shall permit the directors of the National 
     Laboratories to execute agreements with non-Federal entities, 
     including non-Federal entities already receiving Federal 
     funding that will be used to support activities under 
     agreements executed pursuant to subparagraph (A).
       (C) Restriction.--The requirements of chapter 18 of title 
     35, United States Code (commonly known as the ``Bayh-Dole 
     Act'') shall apply if--
       (i) the agreement is a funding agreement (as that term is 
     defined in section 201 of that title); and
       (ii) at least 1 of the parties to the funding agreement is 
     eligible to receive rights under that chapter.
       (4) Submission to secretary.--Each affected director of a 
     National Laboratory shall submit to the Secretary, with 
     respect to each agreement entered into under this 
     subsection--
       (A) a summary of information relating to the relevant 
     project;
       (B) the total estimated costs of the project;
       (C) estimated commencement and completion dates of the 
     project; and
       (D) other documentation determined to be appropriate by the 
     Secretary.
       (5) Certification.--The Secretary shall require the 
     contractor of the affected National Laboratory to certify 
     that each activity carried out under a project for which an 
     agreement is entered into under this subsection--
       (A) is not in direct competition with the private sector; 
     and
       (B) does not present, or minimizes, any apparent conflict 
     of interest, and avoids or neutralizes any actual conflict of 
     interest, as a result of the agreement under this subsection.
       (6) Extension.--The pilot program referred to in paragraph 
     (1) shall be extended for a term of 3 years after the date of 
     enactment of this Act.
       (7) Reports.--
       (A) Initial report.--Not later than 60 days after the date 
     described in paragraph (6), the Secretary, in coordination 
     with directors of the National Laboratories, shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Science, Space, and Technology of the 
     House of Representatives a report that--
       (i) assesses the overall effectiveness of the pilot program 
     referred to in paragraph (1);
       (ii) identifies opportunities to improve the effectiveness 
     of the pilot program;
       (iii) assesses the potential for program activities to 
     interfere with the responsibilities of the National 
     Laboratories to the Department; and
       (iv) provides a recommendation regarding the future of the 
     pilot program.
       (B) Annual reports.--Annually, the Secretary, in 
     coordination with the directors of the National Laboratories, 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a report that 
     accounts for all incidences of, and provides a justification 
     for, non-Federal entities using funds derived from a Federal 
     contract or award to carry out agreements entered into under 
     this subsection.
       (c) Savings Clause.--Nothing in this section abrogates or 
     otherwise affects the primary responsibilities of any 
     National Laboratory to the Department.

[[Page S370]]

  


     SEC. 4205. MICROLAB TECHNOLOGY COMMERCIALIZATION.

                                 ______
                                 
  SA 3099. Mr. COONS submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 359, strike line 7 and insert the following:

     SEC. 4204. IMPLEMENTING NEW NATIONAL OPPORTUNITIES TO 
                   VIGOROUSLY ACCELERATE TECHNOLOGY, ENERGY, AND 
                   SCIENCE.

       (a) Definition of National Laboratory.--
       (1) In general.--In this section, the term ``National 
     Laboratory'' means a nonmilitary national laboratory owned by 
     the Department.
       (2) Inclusions.--The term ``National Laboratory'' 
     includes--
       (A) Ames Laboratory;
       (B) Argonne National Laboratory;
       (C) Brookhaven National Laboratory;
       (D) Fermi National Accelerator Laboratory;
       (E) Idaho National Laboratory;
       (F) Lawrence Berkeley National Laboratory;
       (G) National Energy Technology Laboratory;
       (H) National Renewable Energy Laboratory;
       (I) Oak Ridge National Laboratory;
       (J) Pacific Northwest National Laboratory;
       (K) Princeton Plasma Physics Laboratory;
       (L) Savannah River National Laboratory;
       (M) Stanford Linear Accelerator Center;
       (N) Thomas Jefferson National Accelerator Facility; and
       (O) any laboratory operated by the National Nuclear 
     Security Administration, with respect to the civilian energy 
     activities conducted at the laboratory.
       (b) Agreements for Commercializing Technology Pilot 
     Program.--
       (1) In general.--The Secretary shall carry out the 
     Agreements for Commercializing Technology pilot program of 
     the Department, as announced by the Secretary on December 8, 
     2011, in accordance with this subsection.
       (2) Terms.--Each agreement entered into pursuant to the 
     pilot program referred to in paragraph (1) shall provide to 
     the contractor of the applicable National Laboratory, to the 
     maximum extent determined to be appropriate by the Secretary, 
     increased authority to negotiate contract terms, such as 
     intellectual property rights, indemnification, payment 
     structures, performance guarantees, and multiparty 
     collaborations.
       (3) Eligibility.--
       (A) In general.--Notwithstanding any other provision of law 
     (including regulations), any National Laboratory may enter 
     into an agreement pursuant to the pilot program referred to 
     in paragraph (1).
       (B) Agreements with non-federal entities.--To carry out 
     subparagraph (A) and subject to subparagraph (C), the 
     Secretary shall permit the directors of the National 
     Laboratories to execute agreements with non-Federal entities, 
     including non-Federal entities already receiving Federal 
     funding that will be used to support activities under 
     agreements executed pursuant to subparagraph (A).
       (C) Restriction.--The requirements of chapter 18 of title 
     35, United States Code (commonly known as the ``Bayh-Dole 
     Act'') shall apply if--
       (i) the agreement is a funding agreement (as that term is 
     defined in section 201 of that title); and
       (ii) at least 1 of the parties to the funding agreement is 
     eligible to receive rights under that chapter.
       (4) Submission to secretary.--Each affected director of a 
     National Laboratory shall submit to the Secretary, with 
     respect to each agreement entered into under this 
     subsection--
       (A) a summary of information relating to the relevant 
     project;
       (B) the total estimated costs of the project;
       (C) estimated commencement and completion dates of the 
     project; and
       (D) other documentation determined to be appropriate by the 
     Secretary.
       (5) Certification.--The Secretary shall require the 
     contractor of the affected National Laboratory to certify 
     that each activity carried out under a project for which an 
     agreement is entered into under this subsection--
       (A) is not in direct competition with the private sector; 
     and
       (B) does not present, or minimizes, any apparent conflict 
     of interest, and avoids or neutralizes any actual conflict of 
     interest, as a result of the agreement under this subsection.
       (6) Extension.--The pilot program referred to in paragraph 
     (1) shall be extended for a term of 3 years after the date of 
     enactment of this Act.
       (7) Reports.--
       (A) Initial report.--Not later than 60 days after the date 
     described in paragraph (6), the Secretary, in coordination 
     with directors of the National Laboratories, shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Science, Space, and Technology of the 
     House of Representatives a report that--
       (i) assesses the overall effectiveness of the pilot program 
     referred to in paragraph (1);
       (ii) identifies opportunities to improve the effectiveness 
     of the pilot program;
       (iii) assesses the potential for program activities to 
     interfere with the responsibilities of the National 
     Laboratories to the Department; and
       (iv) provides a recommendation regarding the future of the 
     pilot program.
       (B) Annual reports.--Annually, the Secretary, in 
     coordination with the directors of the National Laboratories, 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Science, Space, and 
     Technology of the House of Representatives a report that 
     accounts for all incidences of, and provides a justification 
     for, non-Federal entities using funds derived from a Federal 
     contract or award to carry out agreements entered into under 
     this subsection.
       (c) Public-private Partnerships for Commercialization.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     Secretary shall delegate to directors of the National 
     Laboratories signature authority with respect to any 
     agreement described in paragraph (2) the total cost of which 
     (including the National Laboratory contributions and project 
     recipient cost share) is less than $1,000,000, if the 
     agreement falls within the scope of--
       (A) a strategic plan for the National Laboratory that has 
     been approved by the Department; or
       (B) the most recent congressionally approved budget for 
     Department activities to be carried out by the National 
     Laboratory.
       (2) Agreements.--Paragraph (1) applies to--
       (A) a cooperative research and development agreement;
       (B) a non-Federal work-for-others agreement; and
       (C) any other agreement determined to be appropriate by the 
     Secretary, in collaboration with the directors of the 
     National Laboratories.
       (3) Limitation.--Paragraph (1) does not apply to an 
     agreement with a majority-foreign-owned company.
       (4) Administration.--
       (A) Accountability.--The director of the affected National 
     Laboratory and the affected contractor shall carry out an 
     agreement under this subsection in accordance with applicable 
     policies of the Department, including by ensuring that the 
     agreement does not compromise any national security, 
     economic, or environmental interest of the United States.
       (B) Certification.--The director of the affected National 
     Laboratory and the affected contractor shall certify that 
     each activity carried out under a project for which an 
     agreement is entered into under this subsection does not 
     present, or minimizes, any apparent conflict of interest, and 
     avoids or neutralizes any actual conflict of interest, as a 
     result of the agreement under this subsection.
       (C) Availability of records.--On entering an agreement 
     under this subsection, the director of a National Laboratory 
     shall submit to the Secretary for monitoring and review all 
     records of the National Laboratory relating to the agreement.
       (D) Rates.--The director of a National Laboratory may 
     charge higher rates for services performed under a 
     partnership agreement entered into pursuant to this 
     subsection, regardless of the full cost of recovery, if the 
     funds are exclusively used to support further research and 
     development activities at the applicable National Laboratory.
       (5) Conforming amendment.--Section 12 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is 
     amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (ii) by striking ``Each Federal agency'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), 
     each Federal agency''; and
       (iii) by adding at the end the following:
       ``(2) Exception.--Notwithstanding paragraph (1), in 
     accordance with section 4204(c)(1) of the Energy Policy 
     Modernization Act of 2015, approval by the Secretary of 
     Energy shall not be required for any technology transfer 
     agreement proposed to be entered into by a National 
     Laboratory of the Department of Energy, the total cost of 
     which (including the National Laboratory contributions and 
     project recipient cost share) is less than $1,000,000.''; and
       (B) in subsection (b), by striking ``subsection (a)(1)'' 
     each place it appears and inserting ``subsection (a)(1)(A)''.
       (d) Funding Competitiveness for Institutions of Higher 
     Education and Other Nonprofit Institutions.--
       Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     16352(b)) is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraphs (2) and (3)'' and inserting ``Except as provided 
     in paragraphs (2), (3), and (4)''; and
       (2) by adding at the end the following:
       ``(4) Exemption for institutions of higher education and 
     other nonprofit institutions.--
       ``(A) In general.--Paragraph (1) shall not apply to a 
     research or development activity performed by an institution 
     of higher education or nonprofit institution (as defined in

[[Page S371]]

     section 4 of the Stevenson-Wydler Technology Innovation Act 
     of 1980 (15 U.S.C. 3703)).
       ``(B) Termination date.--The exemption under subparagraph 
     (A) shall apply during the 6-year period beginning on the 
     date of enactment of this paragraph.''.
       (e) Savings Clause.--Nothing in this section abrogates or 
     otherwise affects the primary responsibilities of any 
     National Laboratory to the Department.

     SEC. 4205. MICROLAB TECHNOLOGY COMMERCIALIZATION.

                                 ______
                                 
  SA 3100. Ms. WARREN (for herself, Mr. Blumenthal, Mr. Schumer, Mr. 
Menendez, Mr. Murphy, Mr. Nelson, and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

          TITLE VI--PUERTO RICO EMERGENCY FINANCIAL STABILITY

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Puerto Rico Emergency 
     Financial Stability Act of 2016''.

     SEC. 6002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Commonwealth Government is confronted with a dire 
     fiscal emergency and liquidity crisis that imminently 
     threatens the welfare of the people of the Commonwealth, 
     affecting the provision of essential public services 
     including public safety, health care, and education that are 
     needed both to sustain the welfare of the people and the 
     economic ability of the Commonwealth to address any future 
     resolution of debts and legal obligations.
       (2) A temporary stay on litigation with respect to debt 
     holders for the Commonwealth is essential to provide 
     breathing space to the Commonwealth, creditors, and the 
     Congress to determine an orderly process for the Commonwealth 
     to address any future resolution of legal obligations and to 
     provide the Commonwealth a path to sustainable growth; and 
     thereby, protect the lives of more than 3,500,000 citizens of 
     the United States living in the Commonwealth.
       (3) The Commonwealth is in a state of fiscal emergency 
     brought on by, among other things, a combination of 
     accumulated operating deficits, cash shortages, management 
     inefficiencies, and excessive borrowing.
       (4) The Commonwealth Government's debt is unusually 
     complex, with 18 different but inter-related issuers.
       (A) There is an even larger number of creditor groups, each 
     of which may have divergent interests.
       (B) The debt's unusual complexity will substantially 
     complicate any potential consensual restructuring in the 
     absence of Federal legislation to facilitate the 
     negotiations.
       (5) This legislation, which includes a stay on litigation 
     by debt holders, can protect essential government services 
     and help the Commonwealth address its liabilities in an 
     orderly fashion, benefitting all stakeholders.
       (A) A temporary stay on litigation is essential to 
     facilitate an orderly process for stabilizing, evaluating, 
     and comprehensively resolving the Commonwealth's fiscal 
     crisis.
       (B) Avoiding a disorderly race to the courthouse will 
     benefit creditors as well as other stakeholders.
       (C) Furthermore, the stay is only temporary.
       (b) Purposes.--The purposes of this title are to--
       (1) provide a limited period of time to permit Congress to 
     enact comprehensive relief for the Commonwealth, providing it 
     the necessary tools to address its economic and fiscal 
     crisis; and
       (2) provide the Commonwealth Government with a tool it 
     needs to address an immediate and imminent crisis that is 
     unprecedented in the history of the United States.

     SEC. 6003. EFFECTIVE DATE.

       This title shall take effect as though enacted on December 
     18, 2015.

     SEC. 6004. SEVERABILITY.

       If any provision of this title or the application thereof 
     to any person or circumstance is held invalid, the remainder 
     of this title, or the application of that provision to 
     persons or circumstances other than those as to which it is 
     held invalid, is not affected thereby.

     SEC. 6005. DEFINITIONS.

       In this title:
       (1) Bond.--The term ``Bond'' means a bond, loan, line of 
     credit, note, or other borrowing title, in physical or 
     dematerialized form, of which--
       (A) the issuer, borrower, or guarantor is the Commonwealth 
     Government; and
       (B) the date of issuance or incurrence of debt precedes the 
     date of enactment of this Act.
       (2) Commonwealth.--The term ``Commonwealth'' means the 
     Commonwealth of Puerto Rico.
       (3) Commonwealth government.--The term ``Commonwealth 
     Government'' means the government of the Commonwealth, 
     including all its political subdivisions, public agencies, 
     instrumentalities, and public corporations.
       (4) Court.--The term ``court'' means the United States 
     District Court for the District of Puerto Rico.
       (5) Other terms.--Any other term that is used in section 
     6006 and is defined in title 11, United States Code, has the 
     meaning given that term under title 11, United States Code.

     SEC. 6006. AUTOMATIC STAY.

       (a) Except as otherwise provided in this section, the 
     enactment of this title operates with respect to any claim, 
     debt, or cause of action related to a Bond as a stay, 
     applicable to all entities (as such term is defined in 
     section 101 of title 11, United States Code), of--
       (1) the commencement or continuation, including the 
     issuance or employment of process, of a judicial, 
     administrative, or other action or proceeding against the 
     Commonwealth Government or to recover a claim against the 
     Commonwealth Government;
       (2) the enforcement, against the Commonwealth Government or 
     against property of the Commonwealth Government, of a 
     judgment;
       (3) any act to obtain possession of property of the 
     Commonwealth Government or of property from the Commonwealth 
     Government or to exercise control over property of the 
     Commonwealth Government;
       (4) any act to create, perfect, or enforce any lien against 
     property of the Commonwealth Government;
       (5) any act to create, perfect, or enforce against property 
     of the Commonwealth Government any lien to the extent that 
     such lien secures a claim;
       (6) any act to collect, assess, or recover a claim against 
     the Commonwealth Government; and
       (7) the setoff of any debt owing to the Commonwealth 
     Government against any claim against the Commonwealth 
     Government.
       (b) The enactment of this title does not operate as a stay 
     under subsection (a) of this section of the continuation of, 
     including the issuance or employment of process, a judicial, 
     administrative, or other action or proceeding against the 
     Commonwealth Government that was commenced on or before the 
     date of enactment of this Act.
       (c) Except as provided in subsection (d), (e), or (f), a 
     stay of an act under subsection (a) shall cease to have 
     effect as of April 1, 2016.
       (d) On motion of a party in interest and after notice and a 
     hearing, the court may grant relief from a stay under 
     subsection (a)--
       (1) for cause, including the lack of adequate protection of 
     a security interest in property of such party in interest; or
       (2) with respect to a stay of an act against property under 
     subsection (a), if--
       (A) the debtor does not have an equity in such property; 
     and
       (B) such property is not necessary for the Commonwealth to 
     provide essential services;
       (e) Thirty days after a request under subsection (d) of 
     this section for relief from the stay of any act against 
     property of the Commonwealth Government under subsection (a) 
     of this section, such stay is terminated with respect to the 
     party in interest making such request, unless the court, 
     after notice and a hearing, orders such stay continued in 
     effect pending the conclusion of, or as a result of, a final 
     hearing and determination under subsection (d) of this 
     section. A hearing under this subsection may be a preliminary 
     hearing, or may be consolidated with the final hearing under 
     subsection (d) of this section. The court shall order such 
     stay continued in effect pending the conclusion of the final 
     hearing under subsection (d) of this section if there is a 
     reasonable likelihood that the party opposing relief from 
     such stay will prevail at the conclusion of such final 
     hearing. If the hearing under this subsection is a 
     preliminary hearing, then such final hearing shall be 
     concluded not later than 30 days after the conclusion of such 
     preliminary hearing, unless the 30-day period is extended 
     with the consent of the parties in interest or for a specific 
     time which the court finds is required by compelling 
     circumstances.
       (f) Upon request of a party in interest, the court, with or 
     without a hearing, shall grant such relief from the stay 
     provided under subsection (a) of this section as is necessary 
     to prevent irreparable damage to the secured interest of an 
     entity in property, if such interest will suffer such damage 
     before there is an opportunity for notice and a hearing under 
     subsection (d) or (e) of this section.
       (g) No order, judgment, or decree entered in violation of 
     this section shall have any force or effect.
       (h) In any hearing under subsection (d) or (e) concerning 
     relief from a stay--
       (1) the party requesting such relief has the burden of 
     proof on the issue of the debtor's equity in property; and
       (2) the party opposing such relief has the burden of proof 
     on all other issues.
                                 ______
                                 
  SA 3101. Mr. UDALL (for himself, Mr. Bennet, Mr. Heinrich, Ms. 
Hirono, Mr. Markey, and Mr. Whitehouse) submitted an amendment intended 
to be proposed to amendment SA 2953 proposed by Ms. Murkowski to the 
bill S. 2012, to provide for the modernization of the energy policy of 
the United States, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle A of title III, add the following:

[[Page S372]]

  


                 PART V--RENEWABLE ELECTRICITY STANDARD

     SEC. 3021. RENEWABLE ELECTRICITY STANDARD.

       (a) In General.--Title VI of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 610. RENEWABLE ELECTRICITY STANDARD.

       ``(a) Definitions.--In this section:
       ``(1) Base quantity of electricity.--
       ``(A) In general.--The term `base quantity of electricity' 
     means the total quantity of electric energy sold by a retail 
     electric supplier, expressed in terms of kilowatt hours, to 
     electric customers for purposes other than resale during the 
     most recent calendar year for which information is available.
       ``(B) Exclusions.--The term `base quantity of electricity' 
     does not include--
       ``(i) electric energy that is not incremental hydropower 
     generated by a hydroelectric facility; and
       ``(ii) electricity generated through the incineration of 
     municipal solid waste.
       ``(2) Biomass.--
       ``(A) In general.--The term `biomass' means--
       ``(i) cellulosic (plant fiber) organic materials from a 
     plant that is planted for the purpose of being used to 
     produce energy;
       ``(ii) nonhazardous plant or algal matter that is derived 
     from--

       ``(I) an agricultural crop, crop byproduct, or residue 
     resource; or
       ``(II) waste, such as landscape or right-of-way trimmings 
     (but not including municipal solid waste, recyclable 
     postconsumer waste paper, painted, treated, or pressurized 
     wood, wood contaminated with plastic, or metals);

       ``(iii) animal waste or animal byproducts; and
       ``(iv) landfill methane.
       ``(B) National forest land and certain other public land.--
     In the case of organic material removed from National Forest 
     System land or from public land administered by the Secretary 
     of the Interior, the term `biomass' means only organic 
     material from--
       ``(i) ecological forest restoration;
       ``(ii) precommercial thinnings;
       ``(iii) brush;
       ``(iv) mill residues; or
       ``(v) slash.
       ``(C) Exclusion of certain federal land.--Notwithstanding 
     subparagraph (B), the term `biomass' does not include 
     material or matter that would otherwise qualify as biomass if 
     the material or matter is located on the following Federal 
     land:
       ``(i) Federal land containing old growth forest or late 
     successional forest unless the Secretary of the Interior or 
     the Secretary of Agriculture determines that the removal of 
     organic material from the land--

       ``(I) is appropriate for the applicable forest type; and
       ``(II) maximizes the retention of--

       ``(aa) late-successional and large and old growth trees;
       ``(bb) late-successional and old growth forest structure; 
     and
       ``(cc) late-successional and old growth forest composition.
       ``(ii) Federal land on which the removal of vegetation is 
     prohibited, including components of the National Wilderness 
     Preservation System.
       ``(iii) Wilderness study areas.
       ``(iv) Inventoried roadless areas.
       ``(v) Components of the National Landscape Conservation 
     System.
       ``(vi) National Monuments.
       ``(3) Existing facility.--The term `existing facility' 
     means a facility for the generation of electric energy from a 
     renewable energy resource that is not an eligible facility.
       ``(4) Incremental hydropower.--The term `incremental 
     hydropower' means additional generation that is achieved from 
     increased efficiency or additions of capacity made on or 
     after--
       ``(A) the date of enactment of this section; or
       ``(B) the effective date of an existing applicable State 
     renewable portfolio standard program at a hydroelectric 
     facility that was placed in service before that date.
       ``(5) Indian land.--The term `Indian land' means--
       ``(A) any land within the limits of any Indian reservation, 
     pueblo, or rancheria;
       ``(B) any land not within the limits of any Indian 
     reservation, pueblo, or rancheria title to which on the date 
     of enactment of this section was held by--
       ``(i) the United States for the benefit of any Indian tribe 
     or individual; or
       ``(ii) any Indian tribe or individual subject to 
     restriction by the United States against alienation;
       ``(C) any dependent Indian community; or
       ``(D) any land conveyed to any Alaska Native corporation 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.).
       ``(6) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(7) Renewable energy.--The term `renewable energy' means 
     electric energy generated by a renewable energy resource.
       ``(8) Renewable energy resource.--The term `renewable 
     energy resource' means solar, wind, ocean, tidal, geothermal 
     energy, biomass, landfill gas, incremental hydropower, or 
     hydrokinetic energy.
       ``(9) Repowering or cofiring increment.--The term 
     `repowering or cofiring increment' means--
       ``(A) the additional generation from a modification that is 
     placed in service on or after the date of enactment of this 
     section, to expand electricity production at a facility used 
     to generate electric energy from a renewable energy resource;
       ``(B) the additional generation above the average 
     generation during the 3-year period ending on the date of 
     enactment of this section at a facility used to generate 
     electric energy from a renewable energy resource or to cofire 
     biomass that was placed in service before the date of 
     enactment of this section; or
       ``(C) the portion of the electric generation from a 
     facility placed in service on or after the date of enactment 
     of this section, or a modification to a facility placed in 
     service before the date of enactment of this section made on 
     or after January 1, 2001, associated with cofiring biomass.
       ``(10) Retail electric supplier.--
       ``(A) In general.--The term `retail electric supplier' 
     means a person that sells electric energy to electric 
     consumers that sold not less than 1,000,000 megawatt hours of 
     electric energy to electric consumers for purposes other than 
     resale during the preceding calendar year.
       ``(B) Inclusion.--The term `retail electric supplier' 
     includes a person that sells electric energy to electric 
     consumers that, in combination with the sales of any 
     affiliate organized after the date of enactment of this 
     section, sells not less than 1,000,000 megawatt hours of 
     electric energy to consumers for purposes other than resale.
       ``(C) Sales to parent companies or affiliates.--For 
     purposes of this paragraph, sales by any person to a parent 
     company or to other affiliates of the person shall not be 
     treated as sales to electric consumers.
       ``(D) Governmental agencies.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `retail electric supplier' does not include--

       ``(I) the United States, a State, any political subdivision 
     of a State, or any agency, authority, or instrumentality of 
     the United States, State, or political subdivision; or
       ``(II) a rural electric cooperative.

       ``(ii) Inclusion.--The term `retail electric supplier' 
     includes an entity that is a political subdivision of   a 
     State, or an agency, authority, or instrumentality of the 
     United States, a State, a political subdivision of a State, a 
     rural electric cooperative that sells electric energy to 
     electric consumers, or any other entity that sells electric 
     energy to electric consumers that would not otherwise qualify 
     as a retail electric supplier if the entity notifies the 
     Secretary that the entity voluntarily agrees to participate 
     in the Federal renewable electricity standard program.
       ``(b) Compliance.--For calendar year 2016 and each calendar 
     year thereafter, each retail electric supplier shall meet the 
     requirements of subsection (c) by submitting to the 
     Secretary, not later than April 1 of the following calendar 
     year, 1 or more of the following:
       ``(1) Federal renewable energy credits issued under 
     subsection (e).
       ``(2) Certification of the renewable energy generated and 
     electricity savings pursuant to the funds associated with 
     State compliance payments as specified in subsection 
     (e)(4)(G).
       ``(3) Alternative compliance payments pursuant to 
     subsection (h).
       ``(c) Required Annual Percentage.--For each of calendar 
     years 2016 through 2039, the required annual percentage of 
     the base quantity of electricity of a retail electric 
     supplier that shall be generated from renewable energy 
     resources, or otherwise credited towards the percentage 
     requirement pursuant to subsection (d), shall be the 
     applicable percentage specified in the following table:

                                                        Required Amount
``Calendar Years                                             Percentage
  2016.............................................................7.5 
  2017.............................................................8.0 
  2018.............................................................9.0 
  2019............................................................10.5 
  2020............................................................12.0 
  2021............................................................13.5 
  2022............................................................15.0 
  2023............................................................16.5 
  2024............................................................18.0 
  2025............................................................20.0 
  2026............................................................22.0 
  2027............................................................24.0 
  2028............................................................26.0 
  2029............................................................28.0 
  2030 and thereafter through 2039................................30.0.

       ``(d) Renewable Energy Credits.--
       ``(1) In general.--A retail electric supplier may satisfy 
     the requirements of subsection (b)(1) through the submission 
     of Federal renewable energy credits--
       ``(A) issued to the retail electric supplier under 
     subsection (e);
       ``(B) obtained by purchase or exchange under subsection 
     (f); or
       ``(C) borrowed under subsection (g).
       ``(2) Federal renewable energy credits.--A Federal 
     renewable energy credit may be counted toward compliance with 
     subsection (b)(1) only once.
       ``(e) Issuance of Federal Renewable Energy Credits.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section,

[[Page S373]]

     the Secretary shall establish by rule a program--
       ``(A) to verify and issue Federal renewable energy credits 
     to generators of renewable energy;
       ``(B) to track the sale, exchange, and retirement of the 
     credits; and
       ``(C) to enforce the requirements of this section.
       ``(2) Existing non-federal tracking systems.--To the 
     maximum extent practicable, in establishing the program, the 
     Secretary shall rely on existing and emerging State or 
     regional tracking systems that issue and track non-Federal 
     renewable energy credits.
       ``(3) Application.--
       ``(A) In general.--An entity that generates electric energy 
     through the use of a renewable energy resource may apply to 
     the Secretary for the issuance of renewable energy credits.
       ``(B) Eligibility.--To be eligible for the issuance of the 
     credits, the applicant shall demonstrate to the Secretary 
     that--
       ``(i) the electric energy will be transmitted onto the 
     grid; or
       ``(ii) in the case of a generation offset, the electric 
     energy offset would have otherwise been consumed onsite.
       ``(C) Contents.--The application shall indicate--
       ``(i) the type of renewable energy resource that is used to 
     produce the electricity;
       ``(ii) the location at which the electric energy will be 
     produced; and
       ``(iii) any other information the Secretary determines 
     appropriate.
       ``(4) Quantity of federal renewable energy credits.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, the Secretary shall issue to a generator of 
     electric energy 1 Federal renewable energy credit for each 
     kilowatt hour of electric energy generated by the use of a 
     renewable energy resource at an eligible facility.
       ``(B) Incremental hydropower.--
       ``(i) In general.--For purpose of compliance with this 
     section, Federal renewable energy credits for incremental 
     hydropower shall be based on the increase in average annual 
     generation resulting from the efficiency improvements or 
     capacity additions.
       ``(ii) Water flow information.--The incremental generation 
     shall be calculated using the same water flow information 
     that is--

       ``(I) used to determine a historic average annual 
     generation baseline for the hydroelectric facility; and
       ``(II) certified by the Secretary or the Federal Energy 
     Regulatory Commission.

       ``(iii) Operational changes.--The calculation of the 
     Federal renewable energy credits for incremental hydropower 
     shall not be based on any operational changes at the 
     hydroelectric facility that is not directly associated with 
     the efficiency improvements or capacity additions.
       ``(C) Indian land.--
       ``(i) In general.--The Secretary shall issue 2 renewable 
     energy credits for each kilowatt hour of electric energy 
     generated and supplied to the grid in a calendar year through 
     the use of a renewable energy resource at an eligible 
     facility located on Indian land.
       ``(ii) Biomass.--For purposes of this paragraph, renewable 
     energy generated by biomass cofired with other fuels is 
     eligible for 2 credits only if the biomass was grown on the 
     land.
       ``(D) On-site eligible facilities.--
       ``(i) In general.--In the case of electric energy generated 
     by a renewable energy resource at an on-site eligible 
     facility that is not larger than 1 megawatt in capacity and 
     is used to offset all or part of the requirements of a 
     customer for electric energy, the Secretary shall issue 3 
     renewable energy credits to the customer for each kilowatt 
     hour generated.
       ``(ii) Indian land.--In the case of an on-site eligible 
     facility on Indian land, the Secretary shall issue not more 
     than 3 credits per kilowatt hour.
       ``(E) Combination of renewable and nonrenewable energy 
     resources.--If both a renewable energy resource and a 
     nonrenewable energy resource are used to generate the 
     electric energy, the Secretary shall issue the Federal 
     renewable energy credits based on the proportion of the 
     renewable energy resources used.
       ``(F) Retail electric suppliers.--If a generator has sold 
     electric energy generated through the use of a renewable 
     energy resource to a retail electric supplier under a 
     contract for power from an existing facility and the contract 
     has not determined ownership of the Federal renewable energy 
     credits associated with the generation, the Secretary shall 
     issue the Federal renewable energy credits to the retail 
     electric supplier for the duration of the contract.
       ``(G) Compliance with state renewable portfolio standard 
     programs.--Payments made by a retail electricity supplier, 
     directly or indirectly, to a State for compliance with a 
     State renewable portfolio standard program, or for an 
     alternative compliance mechanism, shall be valued at 1 credit 
     per kilowatt hour for the purpose of subsection (b)(2) based 
     on the quantity of electric energy generation from renewable 
     resources that results from the payments.
       ``(f) Renewable Energy Credit Trading.--
       ``(1) In general.--A Federal renewable energy credit may be 
     sold, transferred, or exchanged by the entity to whom the 
     credit is issued or by any other entity that acquires the 
     Federal renewable energy credit, other than renewable energy 
     credits from existing facilities.
       ``(2) Carryover.--A Federal renewable energy credit for any 
     year that is not submitted to satisfy the minimum renewable 
     generation requirement of subsection (c) for that year may be 
     carried forward for use pursuant to subsection (b)(1) within 
     the next 3 years.
       ``(3) Delegation.--The Secretary may delegate to an 
     appropriate market-making entity the administration of a 
     national tradeable renewable energy credit market for 
     purposes of creating a transparent national market for the 
     sale or trade of renewable energy credits.
       ``(g) Renewable Energy Credit Borrowing.--
       ``(1) In general.--Not later than December 31, 2016, a 
     retail electric supplier that has reason to believe the 
     retail electric supplier will not be able to fully comply 
     with subsection (b) may--
       ``(A) submit a plan to the Secretary demonstrating that the 
     retail electric supplier will earn sufficient Federal 
     renewable energy credits within the next 3 calendar years 
     that, when taken into account, will enable the retail 
     electric supplier to meet the requirements of subsection (b) 
     for calendar year 2016 and the subsequent calendar years 
     involved; and
       ``(B) on the approval of the plan by the Secretary, apply 
     Federal renewable energy credits that the plan demonstrates 
     will be earned within the next 3 calendar years to meet the 
     requirements of subsection (b) for each calendar year 
     involved.
       ``(2) Repayment.--The retail electric supplier shall repay 
     all of the borrowed Federal renewable energy credits by 
     submitting an equivalent number of Federal renewable energy 
     credits, in addition to the credits otherwise required under 
     subsection (b), by calendar year 2023 or any earlier 
     deadlines specified in the approved plan.
       ``(h) Alternative Compliance Payments.--As a means of 
     compliance under subsection (b)(4), the Secretary shall 
     accept payment equal to the lesser of--
       ``(1) 200 percent of the average market value of Federal 
     renewable energy credits and Federal energy efficiency 
     credits for the applicable compliance period; or
       ``(2) 3 cents per kilowatt hour (as adjusted on January 1 
     of each year following calendar year 2006 based on the 
     implicit price deflator for the gross national product).
       ``(i) Information Collection.--The Secretary may collect 
     the information necessary to verify and audit--
       ``(1)(A) the annual renewable energy generation of any 
     retail electric supplier; and
       ``(B) Federal renewable energy credits submitted by a 
     retail electric supplier pursuant to subsection (b)(1);
       ``(2) the validity of Federal renewable energy credits 
     submitted for compliance by a retail electric supplier to the 
     Secretary; and
       ``(3) the quantity of electricity sales of all retail 
     electric suppliers.
       ``(j) Environmental Savings Clause.--Incremental hydropower 
     shall be subject to all applicable environmental laws and 
     licensing and regulatory requirements.
       ``(k) State Programs.--
       ``(1) In general.--Nothing in this section diminishes any 
     authority of a State or political subdivision of a State--
       ``(A) to adopt or enforce any law (including regulations) 
     respecting renewable energy, including programs that exceed 
     the required quantity of renewable energy under this section; 
     or
       ``(B) to regulate the acquisition and disposition of 
     Federal renewable energy credits by retail electric 
     suppliers.
       ``(2) Compliance with section.--No law or regulation 
     referred to in paragraph (1)(A) shall relieve any person of 
     any requirement otherwise applicable under this section.
       ``(3) Coordination with state program.--The Secretary, in 
     consultation with States that have in effect renewable energy 
     programs, shall--
       ``(A) preserve the integrity of the State programs, 
     including programs that exceed the required quantity of 
     renewable energy under this section; and
       ``(B) facilitate coordination between the Federal program 
     and State programs.
       ``(4) Existing renewable energy programs.--In the 
     regulations establishing the program under this section, the 
     Secretary shall incorporate common elements of existing 
     renewable energy programs, including State programs, to 
     ensure administrative ease, market transparency and effective 
     enforcement.
       ``(5) Minimization of administrative burdens and costs.--In 
     carrying out this section, the Secretary shall work with the 
     States to minimize administrative burdens and costs to retail 
     electric suppliers.
       ``(l) Recovery of Costs.--An electric utility that has 
     sales of electric energy that are subject to rate regulation 
     (including any utility with rates that are regulated by the 
     Commission and any State regulated electric utility) shall 
     not be denied the opportunity to recover the full amount of 
     the prudently incurred incremental cost of renewable energy 
     obtained to comply with the requirements of subsection (b).
       ``(m) Program Review.--
       ``(1) In general.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a comprehensive evaluation of all 
     aspects of the program established under this section.
       ``(2) Evaluation.--The study shall include an evaluation 
     of--

[[Page S374]]

       ``(A) the effectiveness of the program in increasing the 
     market penetration and lowering the cost of the eligible 
     renewable energy technologies;
       ``(B) the opportunities for any additional technologies and 
     sources of renewable energy emerging since the date of 
     enactment of this section;
       ``(C) the impact on the regional diversity and reliability 
     of supply sources, including the power quality benefits of 
     distributed generation;
       ``(D) the regional resource development relative to 
     renewable potential and reasons for any investment in 
     renewable resources; and
       ``(E) the net cost/benefit of the renewable electricity 
     standard to the national and State economies, including--
       ``(i) retail power costs;
       ``(ii) the economic development benefits of investment;
       ``(iii) avoided costs related to environmental and 
     congestion mitigation investments that would otherwise have 
     been required;
       ``(iv) the impact on natural gas demand and price; and
       ``(v) the effectiveness of green marketing programs at 
     reducing the cost of renewable resources.
       ``(3) Report.--Not later than January 1, 2019, the 
     Secretary shall transmit to Congress a report describing the 
     results of the evaluation and any recommendations for 
     modifications and improvements to the program.
       ``(n) State Renewable Energy Account.--
       ``(1) In general.--There is established in the Treasury a 
     State renewable energy account.
       ``(2) Deposits.--All money collected by the Secretary from 
     the alternative compliance payments under subsection (h) 
     shall be deposited into the State renewable energy account 
     established under paragraph (1).
       ``(3) Grants.--
       ``(A) In general.--Proceeds deposited in the State 
     renewable energy account shall be used by the Secretary, 
     subject to annual appropriations, for a program to provide 
     grants--
       ``(i) to the State agency responsible for administering a 
     fund to promote renewable energy generation for customers of 
     the State or an alternative agency designated by the State; 
     or
       ``(ii) if no agency described in clause (i), to the State 
     agency developing State energy conservation plans under 
     section 362 of the Energy Policy and Conservation Act (42 
     U.S.C. 6322).
       ``(B) Use.--The grants shall be used for the purpose of--
       ``(i) promoting renewable energy production; and
       ``(ii) providing energy assistance and weatherization 
     services to low-income consumers.
       ``(C) Criteria.--The Secretary may issue guidelines and 
     criteria for grants awarded under this paragraph.
       ``(D) State-approved funding mechanisms.--At least 75 
     percent of the funds provided to each State for each fiscal 
     year shall be used to promote renewable energy production 
     through grants, production incentives, or other State-
     approved funding mechanisms.
       ``(E) Allocation.--The funds shall be allocated to the 
     States on the basis of retail electric sales subject to the 
     renewable electricity standard under this section or through 
     voluntary participation.
       ``(F) Records.--State agencies receiving grants under this 
     paragraph shall maintain such records and evidence of 
     compliance as the Secretary may require.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     prec. 2601) is amended by adding at the end of the items 
     relating to title VI the following:

``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Renewable electricity standard.''.
                                 ______
                                 
  SA 3102. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLEAN ENERGY VICTORY BONDS.

       (a) In General.--Not later than July 1, 2016, the Secretary 
     of the Treasury, in coordination with the Secretary of Energy 
     and the Secretary of Defense, shall submit a report to 
     Congress that provides recommendations for the establishment, 
     issuance, and promotion of Clean Energy Victory Bonds by the 
     Department of the Treasury (referred to in this section as 
     the ``Clean Energy Victory Bonds Program'').
       (b) Requirements.--For purposes of subsection (a), the 
     Clean Energy Victory Bonds Program shall be designed to--
       (1) ensure that any available proceeds from the issuance of 
     Clean Energy Victory Bonds are used to finance clean energy 
     projects (as defined in subsection (c)) at the Federal, 
     State, and local level, which may include--
       (A) providing additional support to existing Federal 
     financing programs available to States for energy efficiency 
     upgrades and clean energy deployment, and
       (B) providing funding for clean energy investments by the 
     Department of Defense and other Federal agencies,
       (2) provide for payment of interest to persons holding 
     Clean Energy Victory Bonds through such methods as are 
     determined appropriate by the Secretary of the Treasury, 
     including amounts--
       (A) recaptured from savings achieved through reduced energy 
     spending by entities receiving any funding or financial 
     assistance described in paragraph (1), and
       (B) collected as interest on loans financed or guaranteed 
     under the Clean Energy Victory Bonds Program,
       (3) issue bonds in denominations of not less than $25 or 
     such amount as is determined appropriate by the Secretary of 
     the Treasury to make them generally accessible to the public, 
     and
       (4) collect not more than $50,000,000,000 in revenue from 
     the issuance of Clean Energy Victory Bonds for purposes of 
     financing clean energy projects described in paragraph (1).
       (c) Clean Energy Project.--The term ``clean energy 
     project'' means a project which provides--
       (1) performance-based energy efficiency improvements, or
       (2) clean energy improvements, including--
       (A) electricity generated from solar, wind, geothermal, 
     micro-hydropower, and hydrokinetic energy sources,
       (B) fuel cells using non-fossil fuel sources,
       (C) advanced batteries,
       (D) next generation biofuels from non-food feedstocks, and
       (E) electric vehicle infrastructure.
                                 ______
                                 
  SA 3103. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. REMOVAL OF LIMITS ON LIABILITY FOR OFFSHORE 
                   FACILITIES.

       Section 1004(a)(3) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2704(a)(3)) is amended by striking ``plus 
     $75,000,000'' and inserting ``and the liability of the 
     responsible party under section 1002''.
                                 ______
                                 
  SA 3104. Mr. MENENDEZ (for himself, Ms. Warren, Mr. Booker, Ms. 
Mikulski, Mr. Markey, Mr. Blumenthal, Mr. Sanders, Mr. Whitehouse, Mr. 
Nelson, and Mr. Cardin) submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31__. PROHIBITION OF OIL AND GAS LEASING IN CERTAIN 
                   AREAS OF THE OUTER CONTINENTAL SHELF.

       Section 8 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1337) is amended by adding at the end the following:
       ``(q) Prohibition of Oil and Gas Leasing in Certain Areas 
     of the Outer Continental Shelf.--Notwithstanding any other 
     provision of this section or any other law, the Secretary of 
     the Interior shall not issue a lease or any other 
     authorization for the exploration, development, or production 
     of oil, natural gas, or any other mineral in--
       ``(1) the Mid-Atlantic planning area;
       ``(2) the South Atlantic planning area; or
       ``(3) the North Atlantic planning area.''.
                                 ______
                                 
  SA 3105. Mr. MENENDEZ (for himself, Mr. Markey, Ms. Mikulski, Mr. 
Whitehouse, Mr. Merkley, Mrs. Murray, Mr. Nelson, Mr. Leahy, Mr. 
Cardin, Mrs. Boxer, Ms. Klobuchar, and Mr. Franken) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

            TITLE VI--ELIMINATING TAX LOOPHOLES FOR BIG OIL

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Close Big Oil Tax 
     Loopholes Act''.

                Subtitle A--Close Big Oil Tax Loopholes

     SEC. 6011. 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

[[Page S375]]

     (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).
       ``(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. 6012. 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. 6013. 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. 6014. 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. 6015. 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. 6016. 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. 6021. 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.

                       Subtitle C--Miscellaneous

     SEC. 6031. DEFICIT REDUCTION.

       The net amount of any savings realized as a result of the 
     enactment of this title and the amendments made by this title 
     (after any expenditures authorized by this title and the 
     amendments made by this title) shall be deposited in the 
     Treasury and used for Federal budget deficit reduction or, if 
     there is no Federal budget deficit, for reducing the Federal 
     debt in such manner as the Secretary of the Treasury 
     considers appropriate.

     SEC. 6032. BUDGETARY EFFECTS.

       The budgetary effects of this title, 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.
                                 ______
                                 
  SA 3106. Mr. CASSIDY (for himself, Mr. Cornyn, and Mr. Vitter) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPORTS.

       (a) Definitions.--In this section:
       (1) BSEE.--The term ``BSEE'' means the Bureau of Safety and 
     Environmental Enforcement.
       (2) Proposed rule.--The term ``proposed rule'' means the 
     proposed rule of the BSEE entitled ``Oil and Gas and Sulphur 
     Operations in the Outer Continental Shelf - Blowout Preventer 
     Systems and Well Control'' (80 Fed. Reg. 21504 (April 17, 
     2015)).

[[Page S376]]

       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the BSEE is operating.
       (b) Report Required.--Not later than the later of 90 days 
     after the date of enactment of this Act or the day before the 
     date of publication of the final version of the proposed 
     rule, the Secretary shall submit to the Committees on 
     Appropriations and Energy and Natural Resources of the Senate 
     and the Committees on Appropriations and Natural Resources of 
     the House of Representatives a report containing an analysis 
     of the proposed rule--
       (1) to demonstrate the extent to which industry and 
     government have already effectively and comprehensively 
     enhanced offshore safety;
       (2) to identify any existing gaps and the best manner with 
     which to fill those gaps; and
       (3) to identify and provide justification for any 
     improvements to safety claimed in the proposed regulations 
     and rules.
                                 ______
                                 
  SA 3107. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. NATIONAL SCENIC TRAILS.

       (a) North Country National Scenic Trail.--Section 5(a)(8) 
     of the National Trails System Act (16 U.S.C. 1244(a)(8)) is 
     amended, in the third sentence, by inserting ``as a unit of 
     the National Park System'' before the period at the end.
       (b) Ice Age National Scenic Trail.--Section 5(a)(10) of the 
     National Trails System Act (16 U.S.C. 1244(a)(10)) is amended 
     by striking the third and fourth sentences and inserting 
     ``The trail shall be administered by the Secretary of the 
     Interior as a unit of the National Park System.''.
       (c) New England National Scenic Trail.--Section 5(a)(28) of 
     the National Trails System Act (16 U.S.C. 1244(a)(28)) is 
     amended, in the third sentence, by inserting ``as a unit of 
     the National Park System'' after ``administer the trail''.
                                 ______
                                 
  SA 3108. Mr. WYDEN (for himself and Mr. Crapo) submitted an amendment 
intended to be proposed by him to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

        TITLE VI--FOREST WILDFIRE FUNDING AND FOREST MANAGEMENT

        Subtitle A--Major Disaster for Wildfire on Federal Land

     SEC. 6001. WILDFIRE ON FEDERAL LAND.

       Section 102(2) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
       (1) by striking ``(2)'' and all that follows through 
     ``means'' and inserting the following:
       ``(2) Major disaster.--
       ``(A) Major disaster.--The term `major disaster' means''; 
     and
       (2) by adding at the end the following:
       ``(B) Major disaster for wildfire on federal land.--The 
     term `major disaster for wildfire on Federal land' means any 
     wildfire or wildfires, which in the determination of the 
     President under section 802 warrants assistance under section 
     803 to supplement the efforts and resources of the Department 
     of the Interior or the Department of Agriculture--
       ``(i) on Federal land; or
       ``(ii) on non-Federal land pursuant to a fire protection 
     agreement or cooperative agreement.''.

     SEC. 6002. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON 
                   FEDERAL LAND.

       The Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding 
     at the end the following:

       ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

     ``SEC. 801. DEFINITIONS.

       ``In this title:
       ``(1) Federal land.--The term `Federal land' means--
       ``(A) any land under the jurisdiction of the Department of 
     the Interior; and
       ``(B) any land under the jurisdiction of the United States 
     Forest Service.
       ``(2) Federal land management agencies.--The term `Federal 
     land management agencies' means--
       ``(A) the Bureau of Land Management;
       ``(B) the National Park Service;
       ``(C) the Bureau of Indian Affairs;
       ``(D) the United States Fish and Wildlife Service; and
       ``(E) the United States Forest Service.
       ``(3) Wildfire suppression operations.--The term `wildfire 
     suppression operations' means the emergency and unpredictable 
     aspects of wildland firefighting, including support, 
     response, emergency stabilization activities, and other 
     emergency management activities of wildland firefighting on 
     Federal land (or on non-Federal land pursuant to a fire 
     protection agreement or cooperative agreement) by the Federal 
     land management agencies covered by the wildfire suppression 
     subactivity of the Wildland Fire Management accounts or the 
     FLAME Wildfire Suppression Reserve Fund account of the 
     Federal land management agencies.

     ``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR 
                   WILDFIRE ON FEDERAL LAND.

       ``(a) In General.--The Secretary of the Interior or the 
     Secretary of Agriculture may submit a request to the 
     President consistent with the requirements of this title for 
     a declaration by the President that a major disaster for 
     wildfire on Federal land exists.
       ``(b) Requirements.--A request for a declaration by the 
     President that a major disaster for wildfire on Federal land 
     exists shall--
       ``(1) be made in writing by the respective Secretary;
       ``(2) certify that, in the current fiscal year, the amount 
     appropriated for wildfire suppression operations of the 
     Federal land management agencies under the jurisdiction of 
     the respective Secretary, net of any concurrently enacted 
     rescissions of wildfire suppression funds, increases the 
     total unobligated balance of amounts available for wildfire 
     suppression by an amount equal to at least 70 percent of the 
     average total costs incurred by the Federal land management 
     agencies per year for wildfire suppression operations, 
     including the suppression costs in excess of appropriated 
     amounts, over the previous ten fiscal years;
       ``(3) certify that, in the current fiscal year, an amount 
     equal to at least 30 percent of the average total costs 
     incurred by the Federal land management agencies per year for 
     wildfire suppression operations, including the suppression 
     costs in excess of appropriated amounts, over the previous 
     ten fiscal years, has been appropriated for the Federal land 
     management agencies under the jurisdiction of the respective 
     Secretary for the purpose funding--
       ``(A) projects and activities on Federal land that improve 
     the fire regime of areas that meet the desired future 
     conditions of the applicable land and resource management 
     plan or land use plan; or
       ``(B) restoration and resiliency projects and activities on 
     Federal land that meet the desired future conditions of the 
     applicable land and resource management plan or land use 
     plan;
       ``(4) certify that, in the current fiscal year--
       ``(A) the total of the amounts certified under paragraphs 
     (2) and (3) are equal to at least 100 percent of the average 
     total costs incurred by the Federal land management agencies 
     per year for wildfire suppression operations, including the 
     suppression costs in excess of appropriated amounts, over the 
     previous ten fiscal years; and
       ``(B) the amount certified under paragraph (3) is in 
     addition to and supplements other appropriations for the 
     Federal land management agencies for projects and activities 
     of the type described in subparagraphs (A) and (B) of 
     paragraph (3) that equal or exceed the total amount 
     appropriated for such projects and activities for fiscal year 
     2015, subject to the condition that such 2015 threshold 
     amount shall be adjusted annually beginning with fiscal year 
     2017 to reflect changes over the preceding fiscal year in the 
     Consumer Price Index for all-urban consumers published by the 
     Secretary of Labor;
       ``(5) certify that the amount available for wildfire 
     suppression operations of the Federal land management 
     agencies under the jurisdiction of the respective Secretary 
     will be obligated not later than 30 days after such Secretary 
     notifies the President that wildfire suppression funds will 
     be exhausted to fund ongoing and anticipated wildfire 
     suppression operations related to the wildfire on which the 
     request for the declaration of a major disaster for wildfire 
     on Federal land pursuant to this title is based; and
       ``(6) specify the amount required in the current fiscal 
     year to fund wildfire suppression operations related to the 
     wildfire on which the request for the declaration of a major 
     disaster for wildfire on Federal land pursuant to this title 
     is based.
       ``(c) Declaration.--Based on the request of the respective 
     Secretary under this title, the President may declare that a 
     major disaster for wildfire on Federal land exists.
       ``(d) List of Projects Reporting Requirement.--Not later 
     than November 1 of each fiscal year, the Secretary of 
     Agriculture and the Secretary of the Interior shall each 
     submit to the Committees on Agriculture, Appropriations, and 
     Natural Resources of the House of Representatives and the 
     Committees on Agriculture, Nutrition, and Forestry, 
     Appropriations, and Natural Resources of the Senate a list of 
     projects and activities of the type described in 
     subparagraphs (A) and (B) of subsection (b)(3) to be 
     conducted using funds described in subsection (b)(3).

     ``SEC. 803. WILDFIRE ON FEDERAL LAND ASSISTANCE.

       ``(a) In General.--In a major disaster for wildfire on 
     Federal land, the President may direct the transfer of funds, 
     only from the account established pursuant to subsection (b), 
     to the Secretary of the Interior or the Secretary of 
     Agriculture to conduct wildfire suppression operations on 
     Federal land (and non-Federal land pursuant to a fire 
     protection agreement or cooperative agreement).
       ``(b) Wildfire Suppression Operations Disaster Account.--
       ``(1) In general.--There is established a specific account 
     for the assistance available pursuant to a declaration under 
     section 802.

[[Page S377]]

       ``(2) Use.--The account established by paragraph (1) may 
     only be used to fund assistance pursuant to this title.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the account established by 
     paragraph (1) such sums as are necessary to carry out the 
     purposes of a declaration under section 802, but not to 
     exceed the limitations specified in subsection (c)(2).
       ``(c) Limitations.--
       ``(1) Limitations related to request and account amounts.--
     The assistance available pursuant to a declaration under 
     section 802 is limited to the transfer of the amount 
     requested pursuant to section 802(b)(6). The assistance 
     available for transfer shall not exceed the amount contained 
     in the wildfire suppression operations account established 
     pursuant to subsection (b).
       ``(2) Maximum transfer amount limitation.--If a bill or 
     joint resolution making appropriations for a fiscal year is 
     enacted that specifies an amount for wildfire suppression 
     operations in the Wildland Fire Management accounts of the 
     Department of Agriculture or the Department of the Interior, 
     then the total amount of assistance appropriated to and 
     transferred from the account established pursuant to 
     subsection (b) and pursuant to a declaration under section 
     802 for wildfire suppression operations, to the Wildland Fire 
     Management accounts of the Department of Agriculture and the 
     Department of the Interior, for that fiscal year, shall not 
     exceed $1,647,000,000.
       ``(3) Transfer of funds.--Funds under this section shall be 
     transferred from the wildfire suppression operations account 
     to the wildfire suppression subactivity of the Wildland Fire 
     Management Accounts. The transferred funds shall remain 
     available until expended.
       ``(d) Prohibition of Other Transfers.--Except as provided 
     in this section, no funds may be transferred to or from the 
     account established pursuant to subsection (b) to or from any 
     other fund or account.
       ``(e) Reimbursement for Wildfire Suppression Operations on 
     Non-federal Land.--If amounts transferred under subsection 
     (c) are used to conduct wildfire suppression operations on 
     non-Federal land, the respective Secretary shall--
       ``(1) secure reimbursement for the cost of such wildfire 
     suppression operations conducted on the non-Federal land; and
       ``(2) transfer the amounts received as reimbursement to the 
     wildfire suppression operations disaster account established 
     pursuant to subsection (b).
       ``(f) Annual Accounting and Reporting Requirements.--Not 
     later than 90 days after the end of each fiscal year for 
     which assistance is received pursuant to this section, the 
     respective Secretary shall submit to the Committees on 
     Agriculture, Appropriations, the Budget, Natural Resources, 
     and Transportation and Infrastructure of the House of 
     Representatives and the Committees on Agriculture, Nutrition, 
     and Forestry, Appropriations, the Budget, Energy and Natural 
     Resources, Homeland Security and Governmental Affairs, and 
     Indian Affairs of the Senate, and make available to the 
     public, a report that includes the following:
       ``(1) The risk-based factors that influenced management 
     decisions regarding wildfire suppression operations of the 
     Federal land management agencies under the jurisdiction of 
     the Secretary concerned.
       ``(2) Specific discussion of a statistically significant 
     sample of large fires, in which each fire is analyzed for 
     cost drivers, effectiveness of risk management techniques, 
     resulting positive or negative impacts of fire on the 
     landscape, impact of investments in preparedness, suggested 
     corrective actions, and such other factors as the respective 
     Secretary considers appropriate.
       ``(3) Total expenditures for wildfire suppression 
     operations of the Federal land management agencies under the 
     jurisdiction of the respective Secretary, broken out by fire 
     sizes, cost, regional location, and such other factors as 
     such Secretary considers appropriate.
       ``(4) Lessons learned.
       ``(5) Such other matters as the respective Secretary 
     considers appropriate.
       ``(g) Savings Provision.--Except as provided in subsections 
     (c) and (d), nothing in this title shall limit the Secretary 
     of the Interior, the Secretary of Agriculture, Indian tribe, 
     or a State from receiving assistance through a declaration 
     made by the President under this Act when the criteria for 
     such declaration have been met.''.

     SEC. 6003. PROHIBITION ON TRANSFERS.

       No funds may be transferred to or from the Federal land 
     management agencies' wildfire suppression operations accounts 
     referred to in section 801(3) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act to or from any 
     account or subactivity of the Federal land management 
     agencies, as defined in section 801(2) of such Act, that is 
     not used to cover the cost of wildfire suppression 
     operations.

     SEC. 6004. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect on 
     October 1, 2016.

                     Subtitle B--Forest Management

     SEC. 6011. EXPEDITED COLLABORATIVE FOREST MANAGEMENT 
                   ACTIVITIES.

       (a) Definitions.--In this section:
       (1)  Collaborative process.--The term ``collaborative 
     process'' means a process that relates to the management of 
     National Forest System land or public land, by which a forest 
     management activity is proposed--
       (A) by a resource advisory committee through collaboration 
     with interested persons, as described in section 603(b)(1)(C) 
     of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6591b(b)(1)(C));
       (B) by a collaborative that meets the requirements under 
     section 4003 of the Omnibus Public Land Management Act of 
     2009 (16 U.S.C. 7303); or
       (C) by a group not covered by subparagraph (A) or (B), but 
     that--
       (i) includes multiple individuals who provide balanced and 
     broad representation of diverse interests, including, if 
     relevant and interested, but not limited to--

       (I) environmental organizations;
       (II) timber and forest products industry representatives;
       (III) State agencies;
       (IV) units of local government;
       (V) tribal governments; and
       (VI) outdoor recreational representatives; and

       (ii) operates--

       (I) in a transparent and nonexclusive manner; and
       (II) by consensus or in accordance with voting procedures 
     to ensure a high degree of agreement among participants and 
     across various interests.

       (2) Forest management activity.--The term ``forest 
     management activity'' means a project or activity carried out 
     by the Secretary concerned on National Forest System land or 
     public land in conjunction with the resource management plan 
     covering the National Forest System land or public land.
       (3) Resource advisory committee.--The term ``resource 
     advisory committee'' has the meaning given that term in 
     section 201 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7121).
       (4) Resource management plan.--The term ``resource 
     management plan'' has the meaning given that term in section 
     101(13) of the Healthy Forests Restoration Act of 2003 (16 
     U.S.C. 6511(13)).
       (5) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; and
       (B) the Secretary of the Interior, with respect to public 
     land.
       (b) Collaborative Management Activities.--
       (1) Applicability.--This subsection may apply in any case 
     in which the Secretary concerned prepares an environmental 
     assessment or an environmental impact statement pursuant to 
     section 102(2) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)) for a project for a forest 
     management activity described in paragraph (2).
       (2) Description of projects.--A project for a forest 
     management activity referred to in paragraph (1) is a project 
     to carry out forest restoration treatments that--
       (A) maximizes the retention of old-growth and large trees, 
     as appropriate for the forest type, to the extent that the 
     trees promote stands that are resilient to uncharacteristic 
     wildfire, insects, and disease;
       (B) considers the best available scientific information to 
     maintain or restore the ecological integrity, including 
     maintaining or restoring structure, function, composition, 
     and connectivity; and
       (C) is developed and implemented through a collaborative 
     process.
       (3) Consideration of alternatives.--In an environmental 
     assessment or environmental impact statement described in 
     paragraph (1), the Secretary concerned shall study, develop, 
     and describe not more than the following alternatives:
       (A) Carrying out the project for a forest management 
     activity, as proposed under paragraph (1).
       (B) The alternative of no action.
       (4) Limitations.--Except as provided in this subsection, 
     nothing in this subsection preempts or interferes with any 
     obligation to comply with the provisions of any Federal law, 
     including--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); or
       (C) any other Federal environmental law.
       (c) Categorical Exclusion to Expedite Certain Critical 
     Response Actions.--
       (1) Availability of categorical exclusion.--A categorical 
     exclusion is available to the Secretary concerned to develop 
     and carry out a forest management activity on National Forest 
     System land or public land in any case in which--
       (A) the forest management activity is developed and 
     recommended through a collaborative process; and
       (B) the primary purpose of the forest management activity 
     is--
       (i) to reduce hazardous fuel loads on land in, or related 
     to, a wildland-urban interface;
       (ii) to protect a municipal water source, if the 
     municipality is within 100 miles of the area to be treated; 
     or
       (iii) any combination of the purposes specified in clauses 
     (i) and (ii).
       (2) Requirements.--A forest management activity covered by 
     the categorical exclusion granted by paragraph (1) is a 
     project to carry out forest restoration treatments that--
       (A) may not contain harvest units exceeding a total of 
     3,000 acres;
       (B) maximizes the retention of old-growth and large trees, 
     as appropriate for the forest type, to the extent that the 
     trees promote stands that are resilient to uncharacteristic 
     wildfire; and

[[Page S378]]

       (C) considers the best available scientific information to 
     maintain or restore the ecological integrity, including 
     maintaining or restoring structure, function, composition, 
     and connectivity.
       (d) Categorical Exclusion to Meet Resource Management Plan 
     Goals for Early Successional Forests.--
       (1) Availability of categorical exclusion.--A categorical 
     exclusion is available to the Secretary concerned to develop 
     and carry out a forest management activity on National Forest 
     System land or public land in any case in which--
       (A) the forest management activity is developed and 
     recommended through a collaborative process; and
       (B) the primary purpose of the forest management activity 
     is to modify, improve, enhance, or create early successional 
     forests for wildlife habitat improvement and other purposes, 
     consistent with the applicable resource management plan.
       (2) Project goals.--To the maximum extent practicable, the 
     Secretary concerned shall design a forest management activity 
     under this subsection to meet early successional forest goals 
     in such a manner so as to maximize production and 
     regeneration of priority species, as identified in the 
     resource management plan and consistent with the capability 
     of the activity site.
       (3) Requirements.--A forest management activity covered by 
     the categorical exclusion granted by paragraph (1) is a 
     project that--
       (A) consists of not more than 250 acres, comprised of 
     noncontiguous units to create a mosaic of age classes in 
     accordance with the resource management plan;
       (B) contains harvest units, consistent with the applicable 
     resource management plan;
       (C) creates early seral habitat, consistent with the 
     applicable resource management plan;
       (D) assists in meeting resource management plan objectives 
     for retention of old-growth stands and retention of old-
     growth trees, consistent with resource management plan 
     objectives; and
       (E) considers the best available scientific information to 
     maintain or restore early seral habitat.
       (e) Roads.--
       (1) Permanent roads.--A project carried out under this 
     section shall not include the construction of new permanent 
     roads.
       (2) Existing roads.--The Secretary concerned may carry out 
     necessary maintenance of, repairs to, or reconstruction of an 
     existing permanent road for the purposes of this section.
       (3) Temporary roads.--The Secretary concerned shall 
     decommission any temporary road constructed under a project 
     under this section not later than 3 years after the date on 
     which the project is completed.
       (f) Exclusions.--This section does not apply to--
       (1) a component of the National Wilderness Preservation 
     System;
       (2) any Federal land on which, by Act of Congress or 
     Presidential proclamation, the removal of vegetation 
     prohibited;
       (3) a congressionally designated wilderness study area;
       (4) an inventoried roadless area; or
       (5) an area in which the activities authorized under this 
     section would be inconsistent with the applicable resource 
     management plan.
       (g) Resource Management Plans.--All projects and activities 
     carried out under this subsection shall be consistent with 
     the resource management plan applicable to the National 
     Forest System land or public land containing the projects and 
     activities.
       (h) Public Notice and Scoping.--The Secretary concerned 
     shall conduct public notice and scoping for any project or 
     action proposed in accordance with this section.

     SEC. 6012. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT 
                   ACTIVITIES.

       (a) Definitions.--In this section:
       (1)  Collaborative process.--The term ``collaborative 
     process'' means a process that relates to the management of 
     National Forest System land or public land, by which a forest 
     management activity is proposed--
       (A) by a resource advisory committee through collaboration 
     with interested persons, as described in section 603(b)(1)(C) 
     of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
     6591b(b)(1)(C));
       (B) by a collaborative that meets the requirements under 
     section 4003 of the Omnibus Public Land Management Act of 
     2009 (16 U.S.C. 7303); or
       (C) by a group not covered by subparagraph (A) or (B), but 
     that--
       (i) includes multiple individuals who provide balanced and 
     broad representation of diverse interests, including, if 
     relevant and interested, but not limited to--

       (I) environmental organizations;
       (II) timber and forest products industry representatives;
       (III) State agencies;
       (IV) units of local government;
       (V) tribal governments; and
       (VI) outdoor recreational representatives; and

       (ii) operates--

       (I) in a transparent and nonexclusive manner; and
       (II) by consensus or in accordance with voting procedures 
     to ensure a high degree of agreement among participants and 
     across various interests.

       (2) Community wildfire protection plan.--The term 
     ``community wildfire protection plan'' has the meaning given 
     that term in section 101(3) of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6511(3)).
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a State or political subdivision of a State containing 
     National Forest System land or public land;
       (B) a publicly chartered utility serving one or more States 
     or a political subdivision thereof;
       (C) a rural electric company; and
       (D) any other entity determined by the Secretary concerned 
     to be appropriate for participation in the Fund.
       (4) Fund.--The term ``Fund'' means the State-Supported 
     Forest Management Fund established by subsection (b).
       (5) Resource advisory committee.--The term ``resource 
     advisory committee'' has the meaning given that term in 
     section 201 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7121).
       (6) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; and
       (B) the Secretary of the Interior, with respect to public 
     land.
       (b) State-Supported Forest Management Fund.--There is 
     established in the Treasury of the United States a fund, to 
     be known as the ``State-Supported Forest Management Fund'', 
     to cover the cost of planning (especially as relating to 
     compliance with section 102(2) of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out, and 
     monitoring certain forest management activities on National 
     Forest System land or public land.
       (c) Contents.--The Fund shall consist of such amounts as 
     may be--
       (1) contributed by an eligible entity for deposit in the 
     Fund;
       (2) appropriated to the Fund; or
       (3) generated by forest management activities carried out 
     using amounts in the Fund.
       (d) Geographical and Use Limitations.--In making a 
     contribution under subsection (c)(1), an eligible entity 
     may--
       (1) specify the National Forest System land or public land 
     for which the contribution may be expended; and
       (2) limit the types of forest management activities for 
     which the contribution may be expended.
       (e) Authorized Forest Management Activities.--In such 
     amounts as may be provided in advance in appropriations Acts, 
     the Secretary concerned may use the Fund to plan, carry out, 
     and monitor a forest management activity that is--
       (1) developed through a collaborative process; or
       (2) covered by a community wildfire protection plan.
       (f) Implementation Methods.--
       (1) In general.--A forest management activity carried out 
     using amounts in the Fund may be carried out pursuant to--
       (A) a contract or agreement under section 604 of the 
     Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c);
       (B) the good neighbor authority provided under section 8206 
     of the Agricultural Act of 2014 (16 U.S.C. 2113a);
       (C) a contract under section 14 of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a); or
       (D) any other authority available to the Secretary 
     concerned.
       (2) Use of revenues.--Any revenue generated by a forest 
     management activity described in paragraph (1) shall be used 
     to reimburse the Fund for planning costs covered using 
     amounts in the Fund.
       (g) Relation to Other Laws.--
       (1) Revenue sharing.--Subject to subsection (f), revenues 
     generated by a forest management activity carried out using 
     amounts from the Fund shall be considered monies received 
     from the National Forest System.
       (2) Knutson-vandenberg act.--The Act of June 9, 1930 
     (commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 
     576 et seq.), shall apply to any forest management activity 
     carried out using amounts in the Fund.
       (h) Termination of Fund.--
       (1) Termination.--The Fund shall terminate on the date that 
     is 10 years after the date of enactment of this Act.
       (2) Effect of termination.--On termination of the Fund 
     under paragraph (1) or pursuant to any other provision of 
     law, any unobligated contribution remaining in the Fund shall 
     be returned to the eligible entity that made the 
     contribution.

     SEC. 6013. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION 
                   PROGRAM.

       (a) In General.--The Secretary of Agriculture shall 
     establish and maintain a Forest Service Legacy Roads and 
     Trails Remediation Program within the National Forest 
     System--
       (1) to carry out critical maintenance and urgent repairs 
     and improvements on National Forest System roads, trails, and 
     bridges;
       (2) to restore fish and other aquatic organism passage by 
     removing or replacing unnatural barriers to the passage of 
     fish and other aquatic organisms;
       (3) to decommission unneeded roads and trails; and
       (4) to carry out associated activities.
       (b) Priority.--In implementing the Forest Service Legacy 
     Roads and Trails Remediation Program, the Secretary of 
     Agriculture shall give priority to projects that protect or 
     restore--
       (1) water quality;

[[Page S379]]

       (2) watersheds that feed public drinking water systems; or
       (3) habitat for threatened, endangered, and sensitive fish 
     and wildlife species.
       (c) National Forest System.--Except as authorized under 
     section 323 of title III of the Department of the Interior 
     and Related Agencies Appropriations Act, 1999 (16 U.S.C. 
     1011a), all projects carried out under the Forest Service 
     Legacy Roads and Trails Remediation Program shall be on 
     National Forest System roads.
       (d) National Program Strategy.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of 
     Agriculture shall develop a national strategy for 
     implementing the Forest Service Legacy Roads and Trails 
     Remediation Program.

     SEC. 6014. WATER SOURCE PROTECTION PROGRAM AND WATERSHED 
                   CONDITION FRAMEWORK.

       Subtitle A of title III of the Omnibus Public Land 
     Management Act of 2009 (Public Law 111-11) is amended by 
     adding at the end the following:

     ``SEC. 3002. WATER SOURCE PROTECTION PROGRAM FOR NATIONAL 
                   FOREST SYSTEM LAND.

       ``(a) In General.--The Secretary of Agriculture, acting 
     through the Chief of the Forest Service (referred to in this 
     section as the `Secretary'), shall establish and maintain a 
     Water Source Protection Program for National Forest System 
     land derived from the public domain.
       ``(b) Water Source Investment Partnerships.--
       ``(1) In general.--In carrying out the Water Source 
     Protection Program, the Secretary may enter into water source 
     investment partnerships with end water users (including 
     States, political subdivisions, Indian tribes, utilities, 
     municipal water systems, irrigation districts, nonprofit 
     organizations, and corporations) to protect and restore the 
     condition of National Forest watersheds that provide water to 
     the non-Federal partners.
       ``(2) Form.--A partnership described in paragraph (1) may 
     take the form of memoranda of understanding, cost-share or 
     collection agreements, long-term match funding commitments, 
     or other appropriate instruments.
       ``(c) Water Source Management Plan.--
       ``(1) In general.--In carrying out the Water Source 
     Protection Program, the Secretary may produce a water source 
     management plan in cooperation with the water source 
     investment partnership participants and State, local, and 
     tribal governments.
       ``(2) Firewood.--A water source management plan may give 
     priority to projects that facilitate the gathering of 
     firewood for personal use pursuant to section 223.5 of title 
     36, Code of Federal Regulations (or successor regulations).
       ``(3) Environmental analysis.--The Secretary may conduct--
       ``(A) a single environmental impact statement or similar 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for all or part of the 
     restoration projects in the water source management plan; and
       ``(B) a statement or analysis described in subparagraph (A) 
     as part of the development of the water source management 
     plan or after the finalization of the plan.
       ``(4) Endangered species act.--In carrying out the Water 
     Source Protection Program, the Secretary may use the Manual 
     on Adaptive Management of the Department of the Interior, 
     including any associated guidance, for purposes of fulfilling 
     any requirements under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.).
       ``(5) Funds and services.--
       ``(A) In general.--In carrying out the Water Source 
     Protection Program, the Secretary may accept and use funding, 
     services, and other forms of investment and assistance from 
     water source investment partnership participants to implement 
     the water source management plan.
       ``(B) Manner of use.--The Secretary may accept and use 
     investments described in subparagraph (A) directly or 
     indirectly through the National Forest Foundation.
       ``(C) Water source protection fund.--
       ``(i) In general.--Subject to the availability of 
     appropriations, the Secretary may establish a Water Source 
     Protection Fund to match funds or in-kind support contributed 
     by water source investment partnership participants under 
     subparagraph (A).
       ``(ii) Use of appropriated funds.--The Secretary may use 
     funds appropriated to carry out this subparagraph to make 
     multiyear commitments, if necessary, to implement 1 or more 
     water source investment partnership agreements.

     ``SEC. 3003. WATERSHED CONDITION FRAMEWORK FOR NATIONAL 
                   FOREST SYSTEM LAND.

       ``(a) In General.--The Secretary of Agriculture, acting 
     through the Chief of the Forest Service (referred to in this 
     section as the `Secretary'), shall establish and maintain a 
     Watershed Condition Framework for National Forest System land 
     derived from the public domain--
       ``(1) to evaluate and classify the condition of watersheds, 
     taking into consideration--
       ``(A) water quality and quantity;
       ``(B) aquatic habitat and biota;
       ``(C) riparian and wetland vegetation;
       ``(D) the presence of roads and trails;
       ``(E) soil type and condition;
       ``(F) groundwater-dependent ecosystems;
       ``(G) relevant terrestrial indicators, such as fire regime, 
     risk of catastrophic fire, forest and rangeland vegetation, 
     invasive species, and insects and disease; and
       ``(H) other significant factors, as determined by the 
     Secretary;
       ``(2) to identify for restoration up to 5 priority 
     watersheds in each National Forest, and up to 2 priority 
     watersheds in each national grassland, taking into 
     consideration the impact of the condition of the watershed 
     condition on--
       ``(A) wildfire behavior;
       ``(B) flood risk;
       ``(C) fish and wildlife;
       ``(D) drinking water supplies;
       ``(E) irrigation water supplies;
       ``(F) forest-dependent communities; and
       ``(G) other significant impacts, as determined by the 
     Secretary;
       ``(3) to develop a watershed restoration action plan for 
     each priority watershed that--
       ``(A) takes into account existing restoration activities 
     being implemented in the watershed; and
       ``(B) includes, at a minimum--
       ``(i) the major stressors responsible for the impaired 
     condition of the watershed;
       ``(ii) a set of essential projects that, once completed, 
     will address the identified stressors and improve watershed 
     conditions;
       ``(iii) a proposed implementation schedule;
       ``(iv) potential partners and funding sources; and
       ``(v) a monitoring and evaluation program;
       ``(4) to prioritize restoration activities for each 
     watershed restoration action plan;
       ``(5) to implement each watershed restoration action plan; 
     and
       ``(6) to monitor the effectiveness of restoration actions 
     and indicators of watershed health.
       ``(b) Coordination.--Throughout the process described in 
     subsection (a), the Secretary shall--
       ``(1) coordinate with interested non-Federal landowners and 
     with State, tribal, and local governments within the relevant 
     watershed; and
       ``(2) provide for an active and ongoing public engagement 
     process.
       ``(c) Emergency Designation.--Notwithstanding subsection 
     (a)(2), the Secretary may identify a watershed as a priority 
     for rehabilitation in the Watershed Condition Framework 
     without using the process described in subsection (a), if a 
     Forest Supervisor determines that--
       ``(1) a wildfire has significantly diminished the condition 
     of the watershed; and
       ``(2) the emergency stabilization activities of the Burned 
     Area Emergency Response Team are insufficient to return the 
     watershed to proper function.''.

     SEC. 6015. COLLABORATIVE FOREST LANDSCAPE RESTORATION 
                   PROGRAM.

       (a) Selection Process.--Section 4003(f)(4) of the Omnibus 
     Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is 
     amended by adding at the end the following:
       ``(C) Prequalification.--
       ``(i) In general.--Before awarding a contract funded by the 
     Fund, the Secretary shall determine whether the contractor 
     has the ability to complete the proposed restoration 
     activities, including--

       ``(I) the financial ability to raise the funds necessary 
     for the proposed restoration activities; and
       ``(II) sufficient capacity to perform the type and scope of 
     the proposed restoration activities.

       ``(ii) Criteria.--If the Department does not have 
     sufficient expertise to develop and evaluate criteria to make 
     a determination under clause (i), the Secretary shall seek 
     the assistance of other agencies or third-party consultants 
     for purposes of developing and evaluating the criteria.''.
       (b) Reauthorization of Collaborative Forest Landscape 
     Restoration Fund.--Section 4003(f)(6) of the Omnibus Public 
     Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended 
     by striking ``2019, to remain available until expended'' and 
     inserting ``2014, and $60,000,000 for each of fiscal years 
     2016 through 2024, to remain available until expended''.
                                 ______
                                 
  SA 3109. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 171, between lines 15 and 16, insert the following:
       (d) Consideration of Effect on American Consumer Prices.--
     Notwithstanding any other provision in this section, the 
     Secretary may only approve an application for the exportation 
     of natural gas as described in subsection (a) if the 
     Secretary makes a determination that the exportation of 
     natural gas will not cause an increase in the price of 
     natural gas for American consumers.
                                 ______
                                 
  SA 3110. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle E of title III, add the following:

     SEC. 34__. SEVERE FUEL SUPPLY EMERGENCY RESPONSE.

       The Federal Power Act is amended by inserting after section 
     215 (16 U.S.C. 824o) the following:

[[Page S380]]

  


     ``SEC. 215A. EMERGENCY RESPONSE TO COAL SUPPLY DEFICIENCIES.

       ``(a) Definitions.--In this section:
       ``(1) Board.--The term `Board' means the Surface 
     Transportation Board.
       ``(2) Bulk-power system.--The term `bulk-power system' has 
     the meaning given the term in section 215.
       ``(3) Electric reliability organization.--The term 
     `Electric Reliability Organization' has the meaning given the 
     term in section 215.
       ``(4) Form oe-417.--The term `Form OE-417' means the form 
     entitled `Electric Emergency Incident and Disturbance Report' 
     and filed in accordance with the Federal Energy 
     Administration Act of 1974 (15 U.S.C. 761 et seq.).
       ``(5) Regional entity.--The term `Regional Entity' means an 
     entity delegated authority by the Electric Reliability 
     Organization to propose and enforce reliability standards in 
     the region of the entity.
       ``(6) Reliability coordinator.--The term `Reliability 
     Coordinator' means an entity recognized by the Electric 
     Reliability Organization as responsible for continually 
     assessing transmission reliability and coordinating emergency 
     operations to ensure the reliable operation of the bulk-power 
     system.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(8) Severe fuel supply emergency.--The term `severe fuel 
     supply emergency' means a coal supply deficiency reported to 
     the Department of Energy on Form OE-417.
       ``(b) Coordinated Response to Emergencies.--
       ``(1) In general.--The Secretary shall lead the Federal 
     response to severe fuel supply emergencies.
       ``(2) Duties of the secretary.--On the filing of a Form OE-
     417 that reports a severe fuel supply emergency, the 
     Secretary shall--
       ``(A) promptly investigate the circumstances of the severe 
     fuel supply emergency;
       ``(B) notify the Board and the Federal Energy Regulatory 
     Commission of the existence of the severe fuel supply 
     emergency;
       ``(C) convene a meeting with the Board, the Federal Energy 
     Regulatory Commission, and, as appropriate, the Electric 
     Reliability Organization and affected Regional Entities and 
     Reliability Coordinators; and
       ``(D) submit in writing to the Board and the Federal Energy 
     Regulatory Commission, and post publicly on the website of 
     the Department of Energy, recommendations for actions the 
     Board or Federal Energy Regulatory Commission should consider 
     to alleviate the severe fuel supply emergency and prevent 
     recurrences of the severe fuel supply emergency.
       ``(c) Effect on Other Laws.--Nothing in this section limits 
     any existing authority of any Federal agency.''.
                                 ______
                                 
  SA 3111. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 2301, strike subsection (c) and insert the 
     following:
       (c) Technical Assistance and Grant Program.--
       (1) Establishment.--
       (A) In general.--The Secretary, in consultation with the 
     Assistant Secretary for Electricity Delivery and Energy 
     Reliability, shall establish a technical assistance and grant 
     program (referred to in this subsection as the ``program'')--
       (i) to disseminate information and provide technical 
     assistance directly to eligible entities so the eligible 
     entities can identify, evaluate, plan, and design energy 
     storage systems; and
       (ii) to make grants to eligible entities so that the 
     eligible entities may contract to obtain technical assistance 
     to identify, evaluate, plan, and design energy storage 
     systems.
       (B) Technical assistance.--The technical assistance 
     described in subparagraph (A) shall include assistance with 1 
     or more of the following activities relating to energy 
     storage systems:
       (i) Identification of opportunities to use energy storage 
     systems.
       (ii) Assessment of technical and economic characteristics.
       (iii) Utility interconnection.
       (iv) Permitting and siting issues.
       (v) Business planning and financial analysis.
       (vi) Engineering design.
       (C) Information dissemination.--The information 
     disseminated under subparagraph (A)(i) shall include--
       (i) information relating to the topics described in 
     subparagraph (B), including case studies of successful 
     examples;
       (ii) computer software for assessment, design, and 
     operation and maintenance of energy storage systems; and
       (iii) public databases that track the operation and 
     deployment of existing and planned energy storage systems.
       (2) Eligibility.--Any nonprofit or for-profit entity shall 
     be eligible to receive technical assistance and grants under 
     the program.
       (3) Applications.--
       (A) In general.--An eligible entity desiring technical 
     assistance or grants under the program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (B) Application process.--The Secretary shall seek 
     applications for technical assistance and grants under the 
     program--
       (i) on a competitive basis; and
       (ii) on a periodic basis, but not less frequently than once 
     every 12 months.
       (C) Priorities.--In selecting eligible entities for 
     technical assistance and grants under the program, the 
     Secretary shall give priority to eligible entities with 
     projects that have the greatest potential for--
       (i) facilitating the use of renewable energy resources;
       (ii) strengthening the reliability and resiliency of energy 
     infrastructure to the impact of extreme weather events, power 
     grid failures, and interruptions in supply of fossil fuels;
       (iii) improving the feasibility of microgrids or islanding, 
     particularly in rural areas, including high energy cost rural 
     areas;
       (iv) minimizing environmental impact, including regulated 
     air pollutants and greenhouse gas emissions; and
       (v) maximizing local job creation.
       (4) Grants.--On application by an eligible entity, the 
     Secretary may award grants to the eligible entity to provide 
     funds to cover not more than--
       (A) 100 percent of the costs of the initial assessment to 
     identify energy storage system opportunities;
       (B) 75 percent of the cost of feasibility studies to assess 
     the potential for the implementation of energy storage 
     systems;
       (C) 60 percent of the cost of guidance on overcoming 
     barriers to the implementation of energy storage systems, 
     including financial, contracting, siting, and permitting 
     issues; and
       (D) 45 percent of the cost of detailed engineering of 
     energy storage systems.
       (5) Rules and procedures.--
       (A) Rules.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall adopt rules and 
     procedures for carrying out the program.
       (B) Grants.--Not later than 120 days after the date of 
     issuance of the rules and procedures for the program, the 
     Secretary shall issue grants under this subsection.
       (6) Reports.--The Secretary shall submit to Congress and 
     make available to the public--
       (A) not less frequently than once every 2 years, a report 
     describing the performance of the program under this 
     subsection; and
       (B) on termination of the program under this subsection, an 
     assessment of the success of, and education provided by, the 
     measures carried out by eligible entities under the program.
                                 ______
                                 
  SA 3112. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle A of title III, add the following:

                              PART V--WIND

     SEC. 30__. DISTRIBUTED WIND ENERGY SYSTEMS.

       (a) Definitions.--In this section:
       (1) Medium-sized system.--The term ``medium-sized system'' 
     means a wind energy system that produces--
       (A) greater than 100 kilowatts; and
       (B) not greater than 1,000 kilowatts.
       (2) Small system.--The term ``small system'' means a wind 
     energy system that produces not greater than 100 kilowatts.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish within the 
     Wind Program of the Department an initiative to promote the 
     development of distributed wind energy systems.
       (2) Requirements.--The initiative established under 
     paragraph (1) shall--
       (A) make grants available for research and development on--
       (i) small systems; and
       (ii) medium-sized systems; and
       (B) provide technical assistance to, and serve as a 
     clearinghouse of information for, Federal agencies and 
     private sector entities seeking alternative means to produce 
     energy.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       (1) for fiscal year 2017, $15,000,000;
       (2) for fiscal year 2018, $20,000,000;
       (3) for fiscal year 2019, $25,000,000;
       (4) for fiscal year 2020, $30,000,000; and
       (5) for fiscal year 2021, $35,000,000.
                                 ______
                                 
  SA 3113. Mr. FRANKEN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title III, add the following:

                   Subtitle I--Distributed Generation

     SEC. 3801. DEFINITIONS.

       In this subtitle:
       (1) Combined heat and power system.--The term ``combined 
     heat and power system'' means generation of electric energy 
     and heat in a single, integrated system that meets the 
     efficiency criteria in clauses (ii) and (iii) of section 
     48(c)(3)(A) of the Internal Revenue Code of 1986, under which 
     heat that

[[Page S381]]

     is conventionally rejected is recovered and used to meet 
     thermal energy requirements.
       (2) Demand response.--The term ``demand response'' means 
     changes in electric usage by electric utility customers from 
     the normal consumption patterns of the customers in response 
     to--
       (A) changes in the price of electricity over time; or
       (B) incentive payments designed to induce lower electricity 
     use at times of high wholesale market prices or when system 
     reliability is jeopardized.
       (3) Distributed energy.--The term ``distributed energy'' 
     means energy sources and systems that--
       (A) produce electric or thermal energy close to the point 
     of use using renewable energy resources or waste thermal 
     energy;
       (B) generate electricity using a combined heat and power 
     system;
       (C) distribute electricity in microgrids;
       (D) store electric or thermal energy; or
       (E) distribute thermal energy or transfer thermal energy to 
     building heating and cooling systems through a district 
     energy system.
       (4) District energy system.--The term ``district energy 
     system'' means a system that provides thermal energy to 
     buildings and other energy consumers from 1 or more plants to 
     individual buildings to provide space heating, air 
     conditioning, domestic hot water, industrial process energy, 
     and other end uses.
       (5) Islanding.--The term ``islanding'' means a distributed 
     generator or energy storage device continuing to power a 
     location in the absence of electric power from the primary 
     source.
       (6) Loan.--The term ``loan'' has the meaning given the term 
     ``direct loan'' in section 502 of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661a).
       (7) Microgrid.--The term ``microgrid'' means an integrated 
     energy system consisting of interconnected loads and 
     distributed energy resources, including generators and energy 
     storage devices, within clearly defined electrical boundaries 
     that--
       (A) acts as a single controllable entity with respect to 
     the grid; and
       (B) can connect and disconnect from the grid to operate in 
     both grid-connected mode and island mode.
       (8) Renewable energy source.--The term ``renewable energy 
     source'' includes--
       (A) biomass;
       (B) geothermal energy;
       (C) hydropower;
       (D) landfill gas;
       (E) municipal solid waste;
       (F) ocean (including tidal, wave, current, and thermal) 
     energy;
       (G) organic waste;
       (H) photosynthetic processes;
       (I) photovoltaic energy;
       (J) solar energy; and
       (K) wind.
       (9) Renewable thermal energy.--The term ``renewable thermal 
     energy'' means heating or cooling energy derived from a 
     renewable energy resource.
       (10) Thermal energy.--The term ``thermal energy'' means--
       (A) heating energy in the form of hot water or steam that 
     is used to provide space heating, domestic hot water, or 
     process heat; or
       (B) cooling energy in the form of chilled water, ice, or 
     other media that is used to provide air conditioning, or 
     process cooling.
       (11) Waste thermal energy.--The term ``waste thermal 
     energy'' means energy that--
       (A) is contained in--
       (i) exhaust gases, exhaust steam, condenser water, jacket 
     cooling heat, or lubricating oil in power generation systems;
       (ii) exhaust heat, hot liquids, or flared gas from any 
     industrial process;
       (iii) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated, or vented;
       (iv) a pressure drop in any gas, excluding any pressure 
     drop to a condenser that subsequently vents the resulting 
     heat;
       (v) condenser water from chilled water or refrigeration 
     plants; or
       (vi) any other form of waste energy, as determined by the 
     Secretary; and
       (B)(i) in the case of an existing facility, is not being 
     used; or
       (ii) in the case of a new facility, is not conventionally 
     used in comparable systems.

     SEC. 3802. DISTRIBUTED ENERGY LOAN PROGRAM.

       (a) Loan Program.--
       (1) In general.--Subject to the provisions of this 
     subsection and subsections (b) and (c), the Secretary shall 
     establish a program to provide to eligible entities--
       (A) loans for the deployment of distributed energy systems 
     in a specific project; and
       (B) loans to provide funding for programs to finance the 
     deployment of multiple distributed energy systems through a 
     revolving loan fund, credit enhancement program, or other 
     financial assistance program.
       (2) Eligibility.--Entities eligible to receive a loan under 
     paragraph (1) include--
       (A) a State, territory, or possession of the United States;
       (B) a State energy office;
       (C) a tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       (D) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)); and
       (E) an electric utility, including--
       (i) a rural electric cooperative;
       (ii) a municipally-owned electric utility; and
       (iii) an investor-owned utility.
       (3) Selection requirements.--In selecting eligible entities 
     to receive loans under this section, the Secretary shall, to 
     the maximum extent practicable, ensure--
       (A) regional diversity among eligible entities to receive 
     loans under this section, including participation by rural 
     States and small States; and
       (B) that specific projects selected for loans--
       (i) expand on the existing technology deployment program of 
     the Department; and
       (ii) are designed to achieve 1 or more of the objectives 
     described in paragraph (4).
       (4) Objectives.--Each deployment selected for a loan under 
     paragraph (1) shall include 1 or more of the following 
     objectives:
       (A) Improved security and resiliency of energy supply in 
     the event of disruptions caused by extreme weather events, 
     grid equipment or software failure, or terrorist acts.
       (B) Implementation of distributed energy in order to 
     increase use of local renewable energy resources and waste 
     thermal energy sources.
       (C) Enhanced feasibility of microgrids, demand response, or 
     islanding.
       (D) Enhanced management of peak loads for consumers and the 
     grid.
       (E) Enhanced reliability in rural areas, including high 
     energy cost rural areas.
       (5) Restriction on use of funds.--Any eligible entity that 
     receives a loan under paragraph (1) may only use the loan to 
     fund programs relating to the deployment of distributed 
     energy systems.
       (b) Loan Terms and Conditions.--
       (1) Terms and conditions.--Notwithstanding any other 
     provision of law, in providing a loan under this section, the 
     Secretary shall provide the loan on such terms and conditions 
     as the Secretary determines, after consultation with the 
     Secretary of the Treasury, in accordance with this section.
       (2) Specific appropriation.--No loan shall be made unless 
     an appropriation for the full amount of the loan has been 
     specifically provided for that purpose.
       (3) Repayment.--No loan shall be made unless the Secretary 
     determines that there is reasonable prospect of repayment of 
     the principal and interest by the borrower of the loan.
       (4) Interest rate.--A loan provided under this section 
     shall bear interest at a fixed rate that is equal or 
     approximately equal, in the determination of the Secretary, 
     to the interest rate for Treasury securities of comparable 
     maturity.
       (5) Term.--The term of the loan shall require full 
     repayment over a period not to exceed the lesser of--
       (A) 20 years; or
       (B) 90 percent of the projected useful life of the physical 
     asset to be financed by the loan (as determined by the 
     Secretary).
       (6) Use of payments.--Payments of principal and interest on 
     the loan shall--
       (A) be retained by the Secretary to support energy research 
     and development activities; and
       (B) remain available until expended, subject to such 
     conditions as are contained in annual appropriations Acts.
       (7) No penalty on early repayment.--The Secretary may not 
     assess any penalty for early repayment of a loan provided 
     under this section.
       (8) Return of unused portion.--In order to receive a loan 
     under this section, an eligible entity shall agree to return 
     to the general fund of the Treasury any portion of the loan 
     amount that is unused by the eligible entity within a 
     reasonable period of time after the date of the disbursement 
     of the loan, as determined by the Secretary.
       (9) Comparable wage rates.--Each laborer and mechanic 
     employed by a contractor or subcontractor in performance of 
     construction work financed, in whole or in part, by the loan 
     shall be paid wages at rates not less than the rates 
     prevailing on similar construction in the locality as 
     determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of title 40, United States Code.
       (c) Rules and Procedures; Disbursement of Loans.--
       (1) Rules and procedures.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall adopt 
     rules and procedures for carrying out the loan program under 
     subsection (a).
       (2) Disbursement of loans.--Not later than 1 year after the 
     date on which the rules and procedures under paragraph (1) 
     are established, the Secretary shall disburse the initial 
     loans provided under this section.
       (d) Reports.--Not later than 2 years after the date of 
     receipt of the loan, and annually thereafter for the term of 
     the loan, an eligible entity that receives a loan under this 
     section shall submit to the Secretary a report describing the 
     performance of each program and activity carried out using 
     the loan, including itemized loan performance data.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary.

     SEC. 3803. TECHNICAL ASSISTANCE AND GRANT PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a technical 
     assistance and grant program (referred to in this section as 
     the ``program'')--

[[Page S382]]

       (A) to disseminate information and provide technical 
     assistance directly to eligible entities so the eligible 
     entities can identify, evaluate, plan, and design distributed 
     energy systems; and
       (B) to make grants to eligible entities so that the 
     eligible entities may contract to obtain technical assistance 
     to identify, evaluate, plan, and design distributed energy 
     systems.
       (2) Technical assistance.--The technical assistance 
     described in paragraph (1) shall include assistance with 1 or 
     more of the following activities relating to distributed 
     energy systems:
       (A) Identification of opportunities to use distributed 
     energy systems.
       (B) Assessment of technical and economic characteristics.
       (C) Utility interconnection.
       (D) Permitting and siting issues.
       (E) Business planning and financial analysis.
       (F) Engineering design.
       (3) Information dissemination.--The information 
     disseminated under paragraph (1)(A) shall include--
       (A) information relating to the topics described in 
     paragraph (2), including case studies of successful examples;
       (B) computer software and databases for assessment, design, 
     and operation and maintenance of distributed energy systems; 
     and
       (C) public databases that track the operation and 
     deployment of existing and planned distributed energy 
     systems.
       (b) Eligibility.--Any nonprofit or for-profit entity shall 
     be eligible to receive technical assistance and grants under 
     the program.
       (c) Applications.--
       (1) In general.--An eligible entity desiring technical 
     assistance or grants under the program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (2) Application process.--The Secretary shall seek 
     applications for technical assistance and grants under the 
     program--
       (A) on a competitive basis; and
       (B) on a periodic basis, but not less frequently than once 
     each year.
       (3) Priorities.--In selecting eligible entities for 
     technical assistance and grants under the program, the 
     Secretary shall give priority to eligible entities with 
     projects that have the greatest potential for--
       (A) facilitating the use of renewable energy resources;
       (B) strengthening the reliability and resiliency of energy 
     infrastructure to the impact of extreme weather events, power 
     grid failures, and interruptions in supply of fossil fuels;
       (C) improving the feasibility of microgrids or islanding, 
     particularly in rural areas, including high energy cost rural 
     areas;
       (D) minimizing environmental impact, including regulated 
     air pollutants and greenhouse gas emissions; and
       (E) maximizing local job creation.
       (d) Grants.--On application by an eligible entity, the 
     Secretary may award grants to the eligible entity to provide 
     funds to cover not more than--
       (1) 100 percent of the costs of the initial assessment to 
     identify opportunities;
       (2) 75 percent of the cost of feasibility studies to assess 
     the potential for the implementation;
       (3) 60 percent of the cost of guidance on overcoming 
     barriers to implementation, including financial, contracting, 
     siting, and permitting issues; and
       (4) 45 percent of the cost of detailed engineering.
       (e) Rules and Procedures.--
       (1) Rules.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall adopt rules and 
     procedures for carrying out the program.
       (2) Grants.--Not later than 120 days after the date of 
     issuance of the rules and procedures for the program, the 
     Secretary shall issue grants under this subtitle.
       (f) Reports.--The Secretary shall submit to Congress and 
     make available to the public--
       (1) not less frequently than once every 2 years, a report 
     describing the performance of the program under this section, 
     including a synthesis and analysis of the information 
     provided in the reports submitted to the Secretary under 
     section 3802(d); and
       (2) on termination of the program under this section, an 
     assessment of the success of, and education provided by, the 
     measures carried out by eligible entities during the term of 
     the program.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $250,000,000 for 
     the period of fiscal years 2017 through 2021, to remain 
     available until expended.
                                 ______
                                 
  SA 3114. Mr. FRANKEN submitted an amendment intended to be proposed 
by him to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1022. GRANTS TO UTILITIES FOR PROGRAMS TO PROVIDE 
                   AGGREGATED WHOLE BUILDING ENERGY CONSUMPTION 
                   INFORMATION TO MULTITENANT BUILDING OWNERS.

       (a) Grants to Utilities.--Based on the results of the 
     research for the portion of the study described in section 
     301(b)(1)(A)(ii) of the Energy Efficiency Improvement Act of 
     2015 (42 U.S.C. 17063(b)(1)(A)(ii)) , and with criteria 
     developed following public notice and comment, the Secretary 
     may make competitive awards to utilities, utility regulators, 
     and utility partners to develop and implement effective and 
     promising programs to provide aggregated whole building 
     energy consumption information to multitenant building 
     owners.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2017 through 2021, to remain available 
     until expended.

     SEC. 1023. GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO 
                   DEVELOP BENCHMARKING AND DISCLOSURE POLICIES 
                   FOR COMMERCIAL AND MULTIFAMILY BUILDINGS.

       (a) Grants to States and Units of Local Government.--Based 
     on the results of the research for the portion of the study 
     described in section 301(b)(1)(A)(ii) of the Energy 
     Efficiency Improvement Act of 2015 (42 U.S.C. 
     17063(b)(1)(A)(ii)), and with criteria developed following 
     public notice and comment, the Secretary may make competitive 
     awards to States and units of local government to develop and 
     implement effective and promising benchmarking and disclosure 
     policies, and any associated building efficiency policies, 
     for commercial and multifamily buildings.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2017 through 2021, to remain available 
     until expended.
                                 ______
                                 
  SA 3115. Mr. FRANKEN (for himself, Mr. Heinrich, Ms. Warren, and Mr. 
Sanders) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike subtitle E of title I and insert the following:

            Subtitle E--Energy Efficiency Resource Standard

     SEC. 1401. ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL 
                   ELECTRICITY AND NATURAL GAS SUPPLIERS.

       (a) In General.--Title VI of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 610. FEDERAL ENERGY EFFICIENCY RESOURCE STANDARD FOR 
                   RETAIL ELECTRICITY AND NATURAL GAS SUPPLIERS.

       ``(a) Definitions.--In this section:
       ``(1) Base quantity.--
       ``(A) In general.--The term `base quantity', with respect 
     to a retail electricity supplier or retail natural gas 
     supplier, means, for each calendar year for which a 
     performance standard is established under subsection (c), the 
     average annual quantity of electricity or natural gas 
     delivered by the retail electricity supplier or retail 
     natural gas supplier to retail customers during the 3 
     calendar years immediately preceding the first year that 
     compliance is required under subsection (c)(1).
       ``(B) Exclusion.--The term `base quantity', with respect to 
     a retail natural gas supplier, does not include natural gas 
     delivered for purposes of electricity generation.
       ``(2) Customer facility savings.--The term `customer 
     facility savings' means a reduction in end-use electricity or 
     natural gas consumption (including waste heat energy savings) 
     at a facility of an end-use consumer of electricity or 
     natural gas served by a retail electricity supplier or 
     natural gas supplier, as compared to--
       ``(A) in the case of a new facility, consumption at a 
     reference facility of average efficiency;
       ``(B) in the case of an existing facility, consumption at 
     the facility during a base period of not less than 1 year;
       ``(C) in the case of new equipment that replaces existing 
     equipment at the end of the useful life of the existing 
     equipment, consumption by new equipment of average efficiency 
     of the same equipment type, except that customer savings 
     under this subparagraph shall not be counted towards customer 
     savings under subparagraph (A) or (B); and
       ``(D) in the case of new equipment that replaces existing 
     equipment with remaining useful life--
       ``(i) consumption of the existing equipment for the 
     remaining useful life of the equipment; and
       ``(ii) thereafter, consumption of new equipment of average 
     efficiency.
       ``(3) Electricity savings.--The term `electricity savings' 
     means reductions in electricity consumption achieved through 
     measures implemented after the date of enactment of this 
     section, as determined in accordance with regulations 
     promulgated by the Secretary, that are limited to--
       ``(A) customer facility savings of electricity, adjusted to 
     reflect any associated increase in fuel consumption at the 
     facility;
       ``(B) reductions in distribution system losses of 
     electricity achieved by a retail electricity supplier, as 
     compared to losses attributable to new or replacement 
     distribution

[[Page S383]]

     system equipment of average efficiency, as defined in 
     regulations promulgated by the Secretary;
       ``(C) CHP savings;
       ``(D) codes and standards savings of electricity; and
       ``(E) fuel switching energy savings that results in net 
     savings of source energy.
       ``(4) Natural gas savings.--The term `natural gas savings' 
     means reductions in natural gas consumption from measures 
     implemented after the date of enactment of this section, as 
     determined in accordance with regulations promulgated by the 
     Secretary, that are limited to--
       ``(A) customer facility savings of natural gas, adjusted to 
     reflect any associated increase in electricity consumption or 
     consumption of other fuels at the facility;
       ``(B) reductions in leakage, operational losses, and 
     consumption of natural gas fuel to operate a gas distribution 
     system, achieved by a retail natural gas supplier, as 
     compared to similar leakage, losses, and consumption during a 
     base period of not less than 1 year;
       ``(C) codes and standards savings of natural gas; and
       ``(D) fuel switching energy savings that results in net 
     savings of source energy.
       ``(5) Retail electricity supplier.--
       ``(A) In general.--The term `retail electricity supplier' 
     means, for any given calendar year, an electric utility that 
     sells not less than 1,000,000 megawatt hours of electric 
     energy to electric consumers for purposes other than resale 
     during the preceding calendar year.
       ``(B) Inclusions and limitations.--For purposes of 
     determining whether an electric utility qualifies as a retail 
     electricity supplier under subparagraph (A)--
       ``(i) deliveries by any affiliate of an electric utility to 
     electric consumers for purposes other than resale shall be 
     considered to be deliveries by the electric utility; and
       ``(ii) deliveries by any electric utility to a lessee, 
     tenant, or affiliate of the electric utility shall not be 
     considered to be deliveries to electric consumers.
       ``(6) Retail natural gas supplier.--
       ``(A) In general.--The term `retail natural gas supplier' 
     means, for any given calendar year, a local distribution 
     company (as defined in section 2 of the Natural Gas Policy 
     Act of 1978 (15 U.S.C. 3301)), that delivered to natural gas 
     consumers more than 5,000,000,000 cubic feet of natural gas 
     for purposes other than resale during the preceding calendar 
     year.
       ``(B) Inclusions and limitations.--For purposes of 
     determining whether a person qualifies as a retail natural 
     gas supplier under subparagraph (A)--
       ``(i) deliveries of natural gas by any affiliate of a local 
     distribution company to consumers for purposes other than 
     resale shall be considered to be deliveries by the local 
     distribution company; and
       ``(ii) deliveries of natural gas to a lessee, tenant, or 
     affiliate of a local distribution company shall not be 
     considered to be deliveries to natural gas consumers.
       ``(b) Establishment of Program.--
       ``(1) Regulations.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall, by 
     regulation, establish a program to implement and enforce the 
     requirements of this section, including by--
       ``(A) defining the terms `CHP savings', `code and standards 
     savings', `combined heat and power system', `cost-effective', 
     `fuel switching energy savings', `reporting period', `third-
     party efficiency provider', and `waste heat energy savings';
       ``(B) establishing measurement and verification procedures 
     and standards that count only measures and savings that are 
     additional to business-as-usual customer purchase practices;
       ``(C) establishing requirements under which retail 
     electricity suppliers and retail natural gas suppliers 
     shall--
       ``(i) demonstrate, document, and report the compliance of 
     the retail electricity suppliers and retail natural gas 
     suppliers with the performance standards under subsection 
     (c); and
       ``(ii) estimate the impact of the standards on current and 
     future electricity and natural gas use in the service 
     territories of the suppliers;
       ``(D) establishing requirements governing applications for, 
     and implementation of, delegated State administration under 
     subsection (e); and
       ``(E) establishing rules to govern transfers of electricity 
     or natural gas savings between suppliers and third-party 
     efficiency providers serving the same State and between 
     suppliers and third-party efficiency providers serving 
     different States.
       ``(2) Coordination with state programs.--In establishing 
     and implementing this section, the Secretary shall, to the 
     maximum extent practicable, preserve the integrity and 
     incorporate best practices of existing State energy 
     efficiency programs.
       ``(c) Performance Standards.--
       ``(1) Compliance obligation.--Not later than May 1 of the 
     calendar year immediately following each reporting period--
       ``(A) each retail electricity supplier shall submit to the 
     Secretary a report, in accordance with regulations 
     promulgated by the Secretary, demonstrating that the retail 
     electricity supplier has achieved cumulative electricity 
     savings (adjusted to account for any attrition of savings 
     measures implemented in prior years) in each calendar year 
     that are equal to the applicable percentage of the base 
     quantity of the retail electricity supplier; and
       ``(B) each retail natural gas supplier shall submit to the 
     Secretary a report, in accordance with regulations 
     promulgated by the Secretary, demonstrating that it has 
     achieved cumulative natural gas savings (adjusted to account 
     for any attrition of savings measures implemented in prior 
     years) in each calendar year that are equal to the applicable 
     percentage of the base quantity of such retail natural gas 
     supplier.
       ``(2) Standards for 2017 through 2030.--For each of 
     calendar years 2017 through 2030, the applicable percentages 
     are as follows:


------------------------------------------------------------------------
                       Cumulative Electricity    Cumulative Natural Gas
  ``Calendar Year        Savings Percentage        Savings Percentage
------------------------------------------------------------------------
           2017                       1.00                      0.50
------------------------------------------------------------------------
           2018                       2.00                      1.25
------------------------------------------------------------------------
           2019                       3.00                      2.00
------------------------------------------------------------------------
           2020                       4.25                      3.00
------------------------------------------------------------------------
           2021                       5.50                      4.00
------------------------------------------------------------------------
           2022                       7.00                      5.00
------------------------------------------------------------------------
           2023                       8.50                      6.00
------------------------------------------------------------------------
           2024                      10.00                      7.00
------------------------------------------------------------------------
           2025                      11.50                      8.00
------------------------------------------------------------------------
           2026                      13.00                      9.00
------------------------------------------------------------------------
           2027                      14.75                     10.00
------------------------------------------------------------------------
           2028                      16.50                     11.00
------------------------------------------------------------------------
           2029                      18.25                     12.00
------------------------------------------------------------------------
           2030                      20.00                    13.00.
------------------------------------------------------------------------

       ``(3) Subsequent years.--
       ``(A) Calendar years 2031 through 2040.--Not later than 
     December 31, 2028, the Secretary shall promulgate regulations 
     establishing performance standards (expressed as applicable 
     percentages of base quantity for both cumulative electricity 
     savings and cumulative natural gas savings) for each of 
     calendar years 2031 through 2040.
       ``(B) Requirements.--The Secretary shall establish 
     standards under this paragraph at levels reflecting the 
     maximum achievable level of cost-effective energy efficiency 
     potential, taking into account--
       ``(i) cost-effective energy savings achieved by leading 
     retail electricity suppliers and retail natural gas 
     suppliers;
       ``(ii) opportunities for new codes and standard savings;
       ``(iii) technology improvements; and
       ``(iv) other indicators of cost-effective energy efficiency 
     potential including differences between States.
       ``(C) Minimum percentage.--In no case shall the applicable 
     percentages for any calendar year be less than the applicable 
     percentages for calendar year 2030.
       ``(4) Delay of submission for first reporting period.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (2), 
     for the 2017 reporting period, the Secretary may accept a 
     request from a retail electricity supplier or a retail 
     natural gas supplier to delay the required submission of 
     documentation of all or part of the required savings for up 
     to 2 years.
       ``(B) Plan for compliance.--The request for delay under 
     subparagraph (A) shall include a plan for coming into full 
     compliance by the end of the 2018-2019 reporting period.
       ``(5) Applying unused savings to future years.--If savings 
     achieved in a year exceed the performance standards specified 
     in this subsection, any savings in excess of the performance 
     standards may be applied toward performance standards 
     specified for future years.
       ``(d) Enforcement and Judicial Review.--
       ``(1) Review of retail supplier reports.--
       ``(A) In general.--The Secretary shall review each report 
     submitted to the Secretary by a retail electricity supplier 
     or retail natural gas supplier under subsection (c) to verify 
     that the applicable performance standards under subsection 
     (c) have been met.
       ``(B) Exclusion.--In determining compliance with the 
     applicable performance standards under subsection (c), the 
     Secretary shall exclude reported electricity savings or 
     natural gas savings that are not adequately demonstrated and 
     documented, in accordance with the regulations promulgated 
     under subsections (b) and (c).
       ``(2) Penalty for failure to document adequate savings.--If 
     a retail electricity supplier or a retail natural gas 
     supplier fails to demonstrate compliance with an applicable 
     performance standard under subsection (c), or to pay to the 
     State an applicable alternative compliance payment under 
     subsection (e)(3), the Secretary shall assess against the 
     retail electricity supplier or retail natural gas supplier a 
     civil penalty for each failure in an amount equal to, as 
     adjusted for inflation in accordance with such regulations as 
     the Secretary may promulgate--
       ``(A) $100 per megawatt hour of electricity savings or 
     alternative compliance payment that the retail electricity 
     supplier failed to achieve or make, respectively; or
       ``(B) $10 per million Btu of natural gas savings or 
     alternative compliance payment that the retail natural gas 
     supplier failed to achieve or make, respectively.
       ``(3) Offsetting state penalties.--The Secretary shall 
     reduce the amount of any penalty under paragraph (2) by the 
     amount paid by the relevant retail electricity supplier or 
     retail natural gas supplier to a State

[[Page S384]]

     for failure to comply with the requirements of a State energy 
     efficiency resource standard during the same compliance 
     period.
       ``(4) Enforcement procedures.--The Secretary shall assess a 
     civil penalty, as provided under paragraph (2), in accordance 
     with the procedures described in section 333(d) of the Energy 
     Policy and Conservation Act of 1954 (42 U.S.C. 6303).
       ``(e) State Administration.--
       ``(1) In general.--Upon receipt of an application from the 
     Governor of a State (including the Mayor of the District of 
     Columbia), the Secretary may delegate to the State 
     responsibility for administering this section within the 
     territory of the State if the Secretary determines that the 
     State will implement an energy efficiency program that meets 
     or exceeds the requirements of this section.
       ``(2) Secretarial determination.--Not later than 180 days 
     after the date on which a complete application is received by 
     the Secretary, the Secretary shall make a substantive 
     determination approving or disapproving a State application, 
     after public notice and comment.
       ``(3) Alternative compliance payments.--
       ``(A) In general.--As part of an application submitted 
     under paragraph (1), a State may permit retail electricity 
     suppliers or retail natural gas suppliers to pay to the 
     State, by not later than May 1 of the calendar year 
     immediately following the applicable reporting period, an 
     alternative compliance payment in an amount equal to, as 
     adjusted for inflation in accordance with such regulations as 
     the Secretary may promulgate, not less than--
       ``(i) $50 per megawatt hour of electricity savings needed 
     to make up any deficit with regard to a compliance obligation 
     under the applicable performance standard; or
       ``(ii) $5 per million Btu of natural gas savings needed to 
     make up any deficit with regard to a compliance obligation 
     under the applicable performance standard.
       ``(B) Use of payments.--Alternative compliance payments 
     collected by a State under subparagraph (A) shall be used by 
     the State to administer the delegated authority of the State 
     under this section and to implement cost-effective energy 
     efficiency programs that--
       ``(i) to the maximum extent practicable, achieve 
     electricity savings and natural gas savings in the State 
     sufficient to make up the deficit associated with the 
     alternative compliance payments; and
       ``(ii) can be measured and verified in accordance with the 
     applicable procedures and standards under subsection 
     (b)(1)(B).
       ``(4) Review of state implementation.--
       ``(A) Periodic review.--Every 2 years, the Secretary shall 
     review State implementation of this section for conformance 
     with the requirements of this section in approximately \1/2\ 
     of the States that have received approval under this 
     subsection to administer the program, so that each State 
     shall be reviewed at least every 4 years.
       ``(B) Report.--To facilitate the review under subparagraph 
     (A), the Secretary may require the State to submit a report 
     demonstrating the conformance of the State with the 
     requirements of this section.
       ``(C) Deficiencies.--
       ``(i) In general.--In completing a review under this 
     paragraph, if the Secretary finds deficiencies, the Secretary 
     shall--

       ``(I) notify the State of the deficiencies;
       ``(II) direct the State to correct the deficiencies; and
       ``(III) require the State to report to the Secretary on 
     progress made by not later than 180 days after the date on 
     which the State receives notice under subclause (I).

       ``(ii) Substantial deficiencies.--If the deficiencies are 
     substantial, the Secretary shall--

       ``(I) disallow the reported electricity savings or natural 
     gas savings that the Secretary determines are not credible 
     due to deficiencies;
       ``(II) re-review the State not later than 2 years after the 
     date on which the original review was completed; and
       ``(III) if substantial deficiencies remain uncorrected 
     after the review provided for under subclause (II), revoke 
     the authority of the State to administer the program 
     established under this section.

       ``(f) Information and Reports.--In accordance with section 
     13 of the Federal Energy Administration Act of 1974 (15 
     U.S.C. 772), the Secretary may require any retail electricity 
     supplier, retail natural gas supplier, third-party efficiency 
     provider, or any other entity that the Secretary determines 
     appropriate, to provide any information the Secretary 
     determines appropriate to carry out this section.
       ``(g) State Law.--Nothing in this section diminishes or 
     qualifies any authority of a State or political subdivision 
     of a State to adopt or enforce any law or regulation 
     respecting electricity savings or natural gas savings, 
     including any law or regulation establishing energy 
     efficiency requirements that are more stringent than those 
     under this section, except that no State law or regulation 
     shall relieve any person of any requirement otherwise 
     applicable under this section.''.
       (b) Conforming Amendment.--The table of contents of the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     prec. 2601) is amended by adding at the end of the items 
     relating to title VI the following:

``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Federal energy efficiency resource standard for retail 
              electricity and natural gas suppliers.''.

                        Subtitle F--Short Title

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Portman-Shaheen Energy 
     Efficiency Improvement Act of 2016''.
                                 ______
                                 
  SA 3116. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 314, strike 24 and all that follows 
     through page 315, line 1 and insert the following:
       (8) develops plans to support and retrain displaced and 
     unemployed energy sector workers;
       (9) provides opportunities for the existing workforce to 
     receive adequate training needed to operate and manage the 
     evolving energy infrastructure of the United States; and
       (10) makes a Department priority to provide
       On page 321, line 4, insert ``, or continue to work,'' 
     after ``plan to work''.
       On page 322, line 8, insert ``, or consortia of local 
     governmental agencies,'' afer ``regional consortia''.
                                 ______
                                 
  SA 3117. Mr. MARKEY submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENERGY CREDIT FOR QUALIFIED OFFSHORE WIND 
                   FACILITIES.

       (a) In General.--Section 48 of the Internal Revenue Code is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A)(i)--
       (i) in subclause (III), by striking ``and'' at the end, and
       (ii) by adding at the end the following new subclause:

       ``(V) qualified offshore wind property, and'', and

       (B) in paragraph (3)(A)--
       (i) in clause (vi), by striking ``or'' at the end,
       (ii) in clause (vii), by adding ``or'' at the end, and
       (iii) by adding at the end the following new clause:
       ``(viii) qualified offshore wind property, but only with 
     respect to periods ending before January 1, 2026,''.
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(5) Qualified offshore wind property.--
       ``(A) In general.--The term `qualified offshore wind 
     property' 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.
       ``(C) Exception for qualified small wind energy property.--
     The term `qualified offshore wind property' shall not include 
     any property described in paragraph (4).''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3118. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle B of title III, add the following:

     SEC. 31___. STRATEGIC UNCONVENTIONAL FUELS.

       (a) Requirement.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     fully implement section 369(e) of the Energy Policy Act of 
     2005 (42 U.S.C. 15927(e)).
       (b) Extension.--Section 369(c) of the Energy Policy Act of 
     2005 (42 U.S.C. 15927(c)) is amended--
       (1) by striking ``In accordance'' and inserting the 
     following:
       ``(1) In general.--In accordance''; and
       (2) by adding at the end the following:
       ``(2) Extension.--At the request of a holder of a lease 
     issued under paragraph (1), the Secretary shall extend, for a 
     period of 10 years, the term of the lease, unless the 
     Secretary demonstrates that the lease holder requesting the 
     extension has committed a substantial violation of the terms 
     of the approved plan of development of the lease holder.''.
                                 ______
                                 
  SA 3119. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms.

[[Page S385]]

Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 316, line 15, strike ``and'' and insert 
     ``cybersecurity, and''.
                                 ______
                                 
  SA 3120. Mr. KING (for himself and Mr. Reid) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of title III, add the following:

          Subtitle I--Residential Renewable Energy Generation

     SEC. 3801. EXISTING ON-SITE GENERATING CUSTOMERS.

       (a) In General.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding at the end the following:
       ``(20) Consumer protections for on-site generating 
     facilities.--
       ``(A) Standard.--Once an electric consumer has been offered 
     and has accepted net metering service as described in 
     paragraph (11) from an electric utility, the State regulatory 
     authority with ratemaking authority over the electric utility 
     and the electric utility may not change the rate 
     classification of the consumer unless the State regulatory 
     authority or electric utility, as applicable, demonstrates, 
     in an evidentiary hearing in a general rate case, that the 
     current and future net benefits of the net metered system to 
     the distribution, transmission, and generation systems of the 
     electric utility are less than the full retail rate.
       ``(B) Restriction.--A State regulatory authority or 
     electric utility may not impose a new or higher rate (such as 
     a new fee or demand charge) on an existing electric consumer 
     taking net metering service as described in paragraph (11) 
     from an electric utility unless the new or higher rate is 
     also charged to all electric consumers in the same rate class 
     of the electric utility.
       ``(C) Effect.--Nothing in this paragraph prevents an 
     electric utility from charging rates to each rate class 
     designed to recover all reasonable costs to the electric 
     utility of providing service to the electric consumers in 
     that class.''.
       (b) Compliance.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7) Before changing the rate classification of, or 
     imposing a new or higher rate on, an existing electric 
     consumer taking net metering service as described in section 
     111(d)(11), a State regulatory authority (with respect to 
     each electric utility for which the authority has ratemaking 
     authority) or a nonregulated electric utility shall, with 
     respect to the standard established by paragraph (20) of 
     section 111(d)--
       ``(A) conduct a hearing and complete the consideration 
     required under that paragraph; and
       ``(B) make the determination referred to in section 111 
     with respect to the standard established by paragraph (20) of 
     section 111(d).''.

     SEC. 3802. DISTRIBUTED ENERGY RESOURCES.

       (a) In General.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as 
     amended by section 3801(a)) is amended by adding at the end 
     the following:
       ``(21) Distributed energy resources.--
       ``(A) Definition of distributed energy resource.--In this 
     paragraph, the term `distributed energy resource' means an 
     electric energy supply resource, technology, or service 
     that--
       ``(i) is interconnected to the distribution system of an 
     electric utility; and
       ``(ii) supplies electric energy to the distribution system 
     by generating or storing energy.
       ``(B) Requirement.--If a State regulatory authority 
     considers, through a rate proceeding or another mechanism 
     (such as consideration of fixed or minimum charges or any 
     other mechanism described in subparagraph (C)), modifying the 
     treatment of future net energy metering customers, the State 
     regulatory authority shall take into account the 
     considerations in subparagraph (C).
       ``(C) Considerations.--The considerations referred to in 
     subparagraph (B) include--
       ``(i) pricing for energy--

       ``(I) sold to an electric utility; or
       ``(II) purchased from an electric utility;

       ``(ii) capacity;
       ``(iii) the provision of ancillary services;
       ``(iv) the societal value of distributed energy resources;
       ``(v) transmission and distribution losses; and
       ``(vi) any other benefits that the State regulatory 
     authority considers to be appropriate.''.
       (b) Compliance.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as 
     amended by section 3801(b)) is amended by adding at the end 
     the following:
       ``(8) Before considering, through a rate proceeding or 
     other mechanism, modifying the treatment of any future net 
     metering customer, a State regulatory authority (with respect 
     to each electric utility for which the authority has 
     ratemaking authority) or a nonregulated electric utility 
     shall, with respect to the standard established by paragraph 
     (21) of section 111(d)--
       ``(A) conduct a hearing and complete the consideration 
     required under that paragraph; and
       ``(B) make the determination referred to in section 111 
     with respect to the standard established by paragraph (21) of 
     section 111(d).''.
                                 ______
                                 
  SA 3121. Mr. HEINRICH (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title IV, add the following:

     SEC. 4205. TECHNOLOGY MATURATION GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Establishment of Technology Maturation Grant Program.--
       (1) In general.--The Secretary shall establish the National 
     Laboratory technology maturation program under which the 
     Secretary shall make grants to National Laboratories for the 
     purpose of increasing the successful transfer of technologies 
     licensed from National Laboratories to small business 
     concerns by providing a link between an innovative process or 
     technology and a practical application with potential to be 
     successful in commercial markets.
       (2) Application for grant from the secretary.--
       (A) In general.--Each National Laboratory that elects to 
     apply for a grant under paragraph (1) shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       (B) Contents.--In an application submitted under this 
     paragraph, a National Laboratory shall describe how the 
     National Laboratory will--
       (i) manage a technology maturation program;
       (ii) encourage small business concerns, with an emphasis on 
     businesses in the region in which the National Laboratory is 
     located, to participate in the technology maturation program;
       (iii) select small business concerns and technologies to 
     participate in the technology maturation program using a 
     selection board (referred to in this subsection as the 
     ``selection board'') made up of technical and business 
     members, including venture capitalists and investors; and
       (iv) measure the results of the program and the return on 
     investment, including--

       (I) the number of technologies licensed to small business 
     concerns;
       (II) the number of new small business concerns created;
       (III) the number of jobs created or retained;
       (IV) sales of the licensed technologies; and
       (V) any additional external investment attracted by 
     participating small business concerns.

       (3) Maximum grant.--The maximum amount of a grant received 
     by a National Laboratory under paragraph (1) shall be 
     $5,000,000 for each fiscal year.
       (4) Vouchers to small business concerns from national 
     laboratories.--
       (A) In general.--A National Laboratory receiving a grant 
     under paragraph (1) shall use the grant funds to provide 
     vouchers to small business concerns that hold a technology 
     license from a National Laboratory to pay the cost of 
     providing assistance from scientists and engineers at the 
     National Laboratory to assist in the development of the 
     licensed technology and further develop related products and 
     services until the products and services are market-ready or 
     sufficiently developed to attract private investment.
       (B) Use of voucher funds.--A small business concern 
     receiving a voucher under subparagraph (A) may use the 
     voucher--
       (i) to gain access to special equipment or facilities at 
     the National Laboratory that awarded the voucher;
       (ii) to partner with the National Laboratory on a 
     commercial prototype; and
       (iii) to perform early-stage feasibility or later-stage 
     field testing.
       (C) Eligible projects.--A National Laboratory receiving a 
     grant under paragraph (1) may provide a voucher to small 
     business concerns and partnerships between a small business 
     concern and an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))) for projects--
       (i) involving--

       (I) commercial prototypes;
       (II) scale-up and field demonstrations; or
       (III) other activities that move the technology closer to 
     successful commercialization; and

       (ii) that do not exceed 1 year.

[[Page S386]]

       (D) Application for voucher from national laboratory.--Each 
     small business concern that holds a technology license from a 
     National Laboratory that elects to apply for a voucher under 
     subparagraph (A) shall submit an application to the selection 
     board at such time, in such manner, and containing such 
     information as the selection board may reasonably require.
       (E) Criteria.--The selection board may award vouchers based 
     on--
       (i) the viability of the technology for commercial success;
       (ii) a robust commercialization business plan for 
     transition of the technology into a marketplace success;
       (iii) a significant opportunity for growth of an existing 
     company;
       (iv) access to a strong, experienced business and technical 
     team;
       (v) clear, market-driven milestones for the project;
       (vi) the potential of the technology to enhance the economy 
     of the region in which the National Laboratory is located;
       (vii) availability and source of matching funds for the 
     project, including in-kind contributions; and
       (viii) compatibility with the mission of the National 
     Laboratory.
       (F) Maximum voucher.--The maximum amount of a voucher 
     received by a small business concern under subparagraph (A) 
     shall be $250,000.
       (G) Progress tracking.--
       (i) In general.--The National Laboratory that awards a 
     voucher to carry out a project under subparagraph (A) shall 
     establish a procedure to monitor interim progress of the 
     project toward commercialization milestones.
       (ii) Termination of voucher.--If the National Laboratory 
     determines that a project is not making adequate progress 
     toward commercialization milestones under the procedure 
     established pursuant to clause (i), the project shall not 
     continue to receive funding or assistance under this 
     paragraph.
       (c) Annual Report.--
       (1) In general.--Each National Laboratory receiving a grant 
     under subsection (b) shall submit to the Secretary an annual 
     report, at such time and in such manner as the Secretary may 
     reasonably require.
       (2) Contents of report.--The report submitted under 
     paragraph (1) shall--
       (A) include a list of each recipient of a voucher and the 
     amount of each voucher awarded; and
       (B) provide an estimate of the return on investment, 
     including--
       (i) the increase in the number of technologies licensed to 
     small business concerns;
       (ii) the number of jobs created or retained;
       (iii) sales of the licensed technologies; and
       (iv) any additional external investment attracted by 
     participating small business concerns.
       (d) Final Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services and Energy and Natural Resources 
     of the Senate and the Committees on Armed Services and 
     Science, Space, and Technology of the House of 
     Representatives a report on the results of the program 
     established under subsection (b), including--
       (1) the return on investment; and
       (2) any recommendations for improvements to the program.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal years 2016 through 2020.
                                 ______
                                 
  SA 3122. Mr. HEINRICH (for himself and Mr. Booker) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title III, add the following:

                        PART V--COMMUNITY SOLAR

     SEC. 3021. PROVISION OF INTERCONNECTION SERVICE AND NET 
                   BILLING SERVICE FOR COMMUNITY SOLAR FACILITIES.

       (a) In General.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding at the end the following:
       ``(20) Community solar facilities.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Community solar facility.--The term `community solar 
     facility' means a solar photovoltaic system that--

       ``(I) allocates electricity to multiple individual electric 
     consumers of an electric utility;
       ``(II) has a nameplate rating of 2 megawatts or less; and
       ``(III) is--

       ``(aa) owned by the electric utility, jointly owned, or 
     third-party-owned;
       ``(bb) connected to a local distribution facility of the 
     electric utility; and
       ``(cc) located on or off the property of a consumer of the 
     electricity.
       ``(ii) Interconnection service.--The term `interconnection 
     service' means a service provided by an electric utility to 
     an electric consumer, in accordance with the standards 
     described in paragraph (15), through which a community solar 
     facility is connected to an applicable local distribution 
     facility.
       ``(iii) Net billing service.--The term `net billing 
     service' means a service provided by an electric utility to 
     an electric consumer through which electric energy generated 
     for that electric consumer from a community solar facility 
     may be used to offset electric energy provided by the 
     electric utility to the electric consumer during the 
     applicable billing period.
       ``(B) Requirement.--On receipt of a request of an electric 
     consumer served by the electric utility, each electric 
     utility shall make available to the electric consumer 
     interconnection service and net billing service for a 
     community solar facility.''.
       (b) Compliance.--
       (1) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 1 year after the date of enactment 
     of this paragraph, each State regulatory authority (with 
     respect to each electric utility for which the State has 
     ratemaking authority) and each nonregulated utility shall 
     commence consideration under section 111, or set a hearing 
     date for consideration, with respect to the standard 
     established by paragraph (20) of section 111(d).
       ``(B) Not later than 2 years after the date of enactment of 
     this paragraph, each State regulatory authority (with respect 
     to each electric utility for which the State has ratemaking 
     authority), and each nonregulated electric utility shall 
     complete the consideration and make the determination under 
     section 111 with respect to the standard established by 
     paragraph (20) of section 111(d).''.
       (2) Failure to comply.--
       (A) In general.--Section 112(c) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
     amended--
       (i) by striking ``such paragraph (14)'' and all that 
     follows through ``paragraphs (16)'' and inserting ``such 
     paragraph (14). In the case of the standard established by 
     paragraph (15) of section 111(d), the reference contained in 
     this subsection to the date of enactment of this Act shall be 
     deemed to be a reference to the date of enactment of that 
     paragraph (15). In the case of the standards established by 
     paragraphs (16)''; and
       (ii) by adding at the end the following: ``In the case of 
     the standard established by paragraph (20) of section 111(d), 
     the reference contained in this subsection to the date of 
     enactment of this Act shall be deemed to be a reference to 
     the date of enactment of that paragraph (20).''.
       (B) Technical correction.--
       (i) In general.--Section 1254(b) of the Energy Policy Act 
     of 2005 (Public Law 109-58; 119 Stat. 971) is amended by 
     striking paragraph (2).
       (ii) Treatment.--The amendment made by paragraph (2) of 
     section 1254(b) of the Energy Policy Act of 2005 (Public Law 
     109-58; 119 Stat. 971) (as in effect on the day before the 
     date of enactment of this Act) is void, and section 112(d) of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2622(d)) shall be in effect as if those amendments had not 
     been enacted.
       (3) Prior state actions.--
       (A) In general.--Section 112 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended 
     by adding at the end the following:
       ``(g) Prior State Actions.--Subsections (b) and (c) shall 
     not apply to the standard established by paragraph (20) of 
     section 111(d) in the case of any electric utility in a State 
     if, before the date of enactment of this subsection--
       ``(1) the State has implemented for the electric utility 
     the standard (or a comparable standard);
       ``(2) the State regulatory authority for the State or the 
     relevant nonregulated electric utility has conducted a 
     proceeding to consider implementation of the standard (or a 
     comparable standard) for the electric utility; or
       ``(3) the State legislature has voted on the implementation 
     of the standard (or a comparable standard) for the electric 
     utility.''.
       (B) Cross-reference.--Section 124 of the Public Utility 
     Regulatory Policy Act of 1978 (16 U.S.C. 2634) is amended by 
     adding at the end the following: ``In the case of the 
     standard established by paragraph (20) of section 111(d), the 
     reference contained in this subsection to the date of 
     enactment of this Act shall be deemed to be a reference to 
     the date of enactment of that paragraph (20).''.
                                 ______
                                 
  SA 3123. Mr. HEINRICH (for himself, Mr. Whitehouse, Mr. Udall, Ms. 
Warren, Mr. Franken, and Mr. King) submitted an amendment intended to 
be proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill 
S. 2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle A of title III, add the following:

                         PART V--ENERGY STORAGE

     SEC. 3021. ENERGY STORAGE PORTFOLIO STANDARD.

       (a) In General.--Title VI of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 610. ENERGY STORAGE PORTFOLIO STANDARD.

       ``(a) Definitions.--In this section:
       ``(1) Energy storage device.--The term `energy storage 
     device' includes a device

[[Page S387]]

     used to store energy using pumped hydropower, compressed air, 
     batteries or other electrochemical forms (including hydrogen 
     for fuel cells), thermal forms (including hot water and ice), 
     flywheels, capacitors, superconducting magnets, and other 
     energy storage devices, to be available for use when the 
     energy is needed.
       ``(2) Retail electric supplier.--
       ``(A) In general.--The term `retail electric supplier' 
     means a person that--
       ``(i) sells electric energy to electric consumers; and
       ``(ii) sold not less than 500,000 megawatt hours of 
     electric energy to electric consumers for purposes other than 
     resale during the preceding calendar year.
       ``(B) Inclusion.--The term `retail electric supplier' 
     includes a person that sells electric energy to electric 
     consumers that, in combination with the sales of any 
     affiliate organized after the date of enactment of this 
     section, sells not less than 500,000 megawatt hours of 
     electric energy to consumers for purposes other than resale.
       ``(C) Exclusions.--The term `retail electric supplier' does 
     not include--
       ``(i) the United States, a State, any political subdivision 
     of a State, or any agency, authority, or instrumentality of 
     the United States, a State, an Indian tribe, or a political 
     subdivision; or
       ``(ii) a rural electric cooperative.
       ``(D) Sales to parent companies or affiliates.--For 
     purposes of this paragraph, sales by any person to a parent 
     company or to other affiliates of the person shall not be 
     treated as sales to electric consumers.
       ``(b) Requirements.--
       ``(1) Primary standards.--Subject to paragraph (2) and 
     except as provided in subsection (e)(2), each retail electric 
     supplier shall achieve compliance with the following energy 
     storage portfolio standards by the following dates:
       ``(A) January 1, 2021.--Not later than January 1, 2021, 
     each retail electric supplier shall have available on the 
     system of the retail electric supplier energy storage devices 
     with a power capacity rating equal to not less than 1 percent 
     of the annual average peak power demand of the system, as--
       ``(i) measured over a 1-hour period; and
       ``(ii) averaged over the period of calendar years 2017 
     through 2019.
       ``(B) January 1, 2025.--Not later than January 1, 2025, 
     each retail electric supplier shall have available on the 
     system of the retail electric supplier energy storage devices 
     with a power capacity rating equal to not less than 2 percent 
     of the annual average peak power demand of the system, as--
       ``(i) measured over a 1-hour period; and
       ``(ii) averaged over the period of calendar years 2021 
     through 2023.
       ``(2) Secondary standard.--Of each applicable storage 
     capacity required under paragraph (1), at least 50 percent 
     shall be sufficient to provide electricity at the rated 
     capacity for a duration of not less than 1 hour.
       ``(c) Inclusions.--The following may be used to comply with 
     the energy storage portfolio standards established by 
     subsection (b):
       ``(1) Energy storage devices associated with a retail 
     customer of the retail electric supplier.
       ``(2) Energy storage owned or operated by the retail 
     electric supplier.
       ``(3) Energy storage devices that are electrically 
     connected to the retail electric supplier and available to 
     provide power, including storage owned by--
       ``(A) a third party;
       ``(B) a regional transmission entity; or
       ``(C) a transmission or generation entity.
       ``(d) Exclusion.--An energy storage device placed in 
     operation before January 1, 2009, may not be used to achieve 
     compliance with the energy storage portfolio standards 
     established by subsection (b).
       ``(e) Deadline for Compliance.--
       ``(1) In general.--Subject to paragraph (2), the chief 
     executive officer of each retail electric supplier shall 
     certify to the Secretary compliance with the energy storage 
     portfolio standards established by subsection (b) by the 
     applicable dates specified in that subsection.
       ``(2) Waivers.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, the Secretary may provide to a retail electric 
     supplier a waiver of an applicable deadline under subsection 
     (b) for a period of 1 calendar year, if the Secretary 
     determines that achieving compliance by the applicable 
     deadline would present undue hardship to--
       ``(i) the retail electric supplier; or
       ``(ii) ratepayers of the retail electric supplier.
       ``(B) Additional waivers.--The Secretary may provide to a 
     retail electric supplier such additional 1-year waivers under 
     subparagraph (A) as the Secretary determines to be 
     appropriate on making a subsequent determination under that 
     subparagraph.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     prec. 2601) is amended by adding at the end of the items 
     relating to title VI the following:

``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Energy storage portfolio standard.''.
                                 ______
                                 
  SA 3124. Mr. HEINRICH submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle D of title II, add the following:

     SEC. 23___. SITING OF INTERSTATE ELECTRIC TRANSMISSION 
                   FACILITIES.

       Section 216 of the Federal Power Act (16 U.S.C. 824p) is 
     amended to read as follows:

     ``SEC. 216. SITING OF INTERSTATE ELECTRIC TRANSMISSION 
                   FACILITIES.

       ``(a) Policy.--It is the policy of the United States that 
     the national interstate transmission system should be guided 
     by the goal of maximizing the net benefits of the electricity 
     system, taking into consideration--
       ``(1) support for the development of new, cleaner power 
     generation capacity, including renewable energy generation 
     located distant from load centers;
       ``(2) opportunities for reduced emissions from regional 
     power production;
       ``(3) transmission needs driven by public policy 
     requirements established by State or Federal laws (including 
     regulations);
       ``(4) cost savings resulting from--
       ``(A) reduced transmission congestion;
       ``(B) enhanced opportunities for intraregional and 
     interregional electricity trades;
       ``(C) reduced line losses;
       ``(D) generation resource-sharing; and
       ``(E) enhanced fuel diversity;
       ``(5) reliability benefits, including satisfying 
     reliability standards and guidelines for resource adequacy 
     and system security;
       ``(6) diversification of risk relating to events affecting 
     fuel supply or generating resources in a particular region;
       ``(7) the enhancement of competition in electricity markets 
     and mitigation of market power;
       ``(8) the ability to collocate facilities on existing 
     rights-of-way;
       ``(9) competing land use priorities, including land 
     protected under Federal or State law;
       ``(10) the requirements of section 217(b)(4); and
       ``(11) the contribution of demand side management 
     (including energy efficiency and demand response), energy 
     storage, distributed generation resources, and smart grid 
     investments.
       ``(b) Definitions.--In this section:
       ``(1) High-priority regional transmission project.--The 
     term `high-priority regional transmission project' means an 
     overhead, submarine, or underground transmission facility, 
     including conductors or cables, towers, manhole duct systems, 
     reactors, capacitors, circuit breakers, static VAR 
     compensators, static synchronous compensators, power 
     converters, transformers, synchronous condensers, braking 
     resistors, and any ancillary facilities and equipment 
     necessary for the proper operation of the facility, that is 
     selected in a regional transmission plan for the purposes of 
     cost allocation under Order Number 1000 of the Commission (or 
     any successor order), including an interregional project 
     selected under that plan.
       ``(2) Indian land.--The term `Indian land' means land--
       ``(A) the title to which is held by the United States in 
     trust for an Indian tribe or individual Indian; or
       ``(B) that is held by an Indian tribe or individual Indian 
     subject to a restriction by the United States against 
     alienation or encumbrance.
       ``(3) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation (as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(c) Siting.--
       ``(1) Purposes.--The purpose of this subsection is to 
     ensure that high-priority regional transmission projects are 
     in the public interest and advance the policy established 
     under subsection (a).
       ``(2) State review of project siting.--
       ``(A) In general.--No developer of a high-priority regional 
     transmission project may seek a certificate for construction 
     under subsection (d) unless the developer first seeks 
     authorization to construct the high-priority regional 
     transmission project under applicable State law concerning 
     authorization and routing of transmission facilities.
       ``(B) Federal authority.--The Commission may authorize, in 
     accordance with subsection (d), construction of a high-
     priority regional transmission project that the Commission 
     finds to be required by the present or future public 
     convenience and necessity and in accordance with this section 
     if--
       ``(i) a State--

       ``(I) fails to approve construction and authorize routing 
     of a high-priority regional transmission project not later 
     than 1 year after the date the applicant submits a completed 
     application for authorization to the State;
       ``(II) rejects or denies the application for a high-
     priority regional transmission project;
       ``(III) authorizes the high-priority regional transmission 
     project subject to conditions that unreasonably interfere 
     with the development of a high-priority regional transmission 
     project contrary to the purposes of this section; or
       ``(IV) does not have authority to approve the siting of the 
     high-priority regional transmission project; or

[[Page S388]]

       ``(ii) the developer seeking a certificate for construction 
     under subsection (d) does not qualify to apply for State 
     authorization to construct a high-priority regional 
     transmission project because the developer does not serve 
     end-users in the State.
       ``(d) Construction.--
       ``(1) Application for certificate.--
       ``(A) In general.--An applicant for a high-priority 
     regional transmission project may apply to the Commission for 
     a certificate of public convenience and necessity with 
     respect to construction of the high-priority regional 
     transmission project only under a circumstance described in 
     subsection (c)(2)(B).
       ``(B) Form.--The application for a certificate shall be 
     made in writing in such form and containing such information 
     as the Commission may by regulation require.
       ``(C) Hearing.--On receipt of an application under this 
     paragraph, the Commission--
       ``(i) shall provide public notice and opportunity for 
     hearing; and
       ``(ii) may approve (with or without conditions) or 
     disapprove the application, in accordance with paragraph (2).
       ``(D) Administration.--
       ``(i) In general.--The Commission shall act as the lead 
     agency for purposes of coordinating all applicable Federal 
     authorizations and related environmental reviews for a high-
     priority regional transmission project under this section.
       ``(ii) Coordination.--To the maximum extent practicable, 
     the Commission shall--

       ``(I) coordinate the Federal authorization and related 
     environmental review process with any Indian tribe, 
     multistate entity, or State agency responsible for conducting 
     any separate permitting or environmental review of a high-
     priority regional transmission project; and
       ``(II) ensure timely and efficient review and permit 
     decisions.

       ``(iii) Timeline.--The Commission, in consultation with the 
     applicable agencies described in clause (ii)(I) and 
     consistent with applicable law, shall establish a coordinated 
     project plan with milestones for all Federal authorizations 
     described in clause (i).
       ``(2) Grant of certificate.--
       ``(A) In general.--A certificate shall be issued to a 
     qualified applicant for a certificate authorizing the whole 
     or partial operation, construction, acquisition, or 
     modification covered by the application, if the Commission 
     determines that the proposed operation, construction, 
     acquisition, or modification, to the extent authorized by the 
     certificate, is required by the present or future public 
     convenience and necessity.
       ``(B) Terms and conditions.--The Commission shall have the 
     power to attach to the issuance of a certificate under this 
     paragraph and to the exercise of the rights granted under the 
     certificate such reasonable terms and conditions as the 
     public convenience and necessity may require.
       ``(C) Record of state proceeding.--Any party, including the 
     State, to a State proceeding in which an application for a 
     high-priority regional transmission project was rejected or 
     denied may file with the Commission for its consideration any 
     portion of the record of the State proceeding.
       ``(D) Public convenience and necessity.--In making a 
     determination with respect to public convenience and 
     necessity, the Commission shall consider whether the 
     facilities covered by an application are included in an 
     Interconnection-wide transmission grid plan for a high-
     priority regional transmission project.
       ``(3) Right of eminent domain.--If any holder of a 
     certificate issued under paragraph (2) cannot acquire by 
     contract, or is unable to agree with the owner of property on 
     the compensation to be paid for, the necessary right-of-way 
     to construct, operate, and maintain the high-priority 
     regional transmission project to which the certificate 
     relates, and the necessary land or other property necessary 
     to the proper operation of the high-priority regional 
     transmission project, the holder may acquire the right-of-way 
     by the exercise of the right of eminent domain in--
       ``(A) the United States district court for the district in 
     which the property is located; or
       ``(B) a State court.
       ``(4) Federal, state and tribal recommendations.--In 
     granting a certificate under paragraph (2), the Commission 
     shall--
       ``(A) seek from Federal resource agencies, State regulatory 
     agencies, and affected Indian tribes recommended mitigation 
     measures, based on habitat protection, environmental 
     considerations, or cultural site protection; and
       ``(B)(i) incorporate those identified mitigation measures 
     as conditions to the certificate; or
       ``(ii) if the Commission determines that a recommended 
     mitigation measure is inconsistent with the purposes of this 
     section or with other applicable provisions of law, is 
     infeasible or not cost-effective, or for any other reason--
       ``(I) consult with the Federal resource agency, State 
     regulatory agency, and affected Indian tribe to seek to 
     resolve the issue;
       ``(II) incorporate as conditions to the certificate such 
     recommended mitigation measures as are determined to be 
     appropriate by the Commission, based on those consultations 
     and the record before the Commission; and
       ``(III) if, after consultation, the Commission does not 
     adopt in whole or in part a recommendation of an agency or 
     affected Indian tribe, publish a statement of a finding that 
     the adoption of the recommendation is infeasible, not cost-
     effective, or otherwise inconsistent with this section or 
     other applicable provisions of law.
       ``(5) State or local authorizations.--An applicant 
     receiving a certificate under this subsection with respect to 
     construction or modification of a high-priority regional 
     transmission project in a State shall not be required to 
     obtain a separate siting authorization from the State or any 
     local authority within the State.
       ``(6) Rights-of-way over indian land.--Notwithstanding 
     paragraph (3), in the case of siting, construction, 
     operation, and maintenance of a transmission facility to be 
     located on or over Indian land, a certificate holder under 
     this section shall comply with the requirements of Federal 
     law for obtaining rights-of-way on or over Indian land.
       ``(e) Relationship to Other Laws.--
       ``(1) In general.--Except as specifically provided in this 
     section, nothing in this section affects any requirement of 
     an environmental or historic preservation law of the United 
     States, including--
       ``(A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(B) the Wilderness Act (16 U.S.C. 1131 et seq.); or
       ``(C) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.).
       ``(2) State law.--Nothing in this section precludes any 
     person from constructing or modifying any transmission 
     facility in accordance with State law.
       ``(f) Applicability.--
       ``(1) Project developers.--Nothing in this section 
     precludes the development, subject to applicable regulatory 
     requirements, of transmission projects that are not selected 
     in a regional transmission plan.
       ``(2) Exclusions.--This section does not apply in the State 
     of Alaska or Hawaii or to the Electric Reliability Council of 
     Texas.''.
                                 ______
                                 
  SA 3125. Mr. WHITEHOUSE (for himself, Mr. Markey, Mr. Durbin, Mr. 
Sanders, Mrs. Shaheen, Ms. Baldwin, Mr. Leahy, Mr. Murphy, Mr. 
Blumenthal, and Mr. Menendez) submitted an amendment intended to be 
proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CAMPAIGN FINANCE DISCLOSURES BY FOSSIL FUEL 
                   BENEFICIARIES.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1974 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure by Fossil Fuel Beneficiaries.--
       ``(1) In general.--
       ``(A) Initial disclosure.--Every covered entity which has 
     made covered disbursements and received covered transfers in 
     an aggregate amount in excess of $10,000 during the period 
     beginning on January 1, 2014, and ending on the date that is 
     165 days after the date of the enactment of this subsection 
     shall file with the Commission a statement containing the 
     information described in paragraph (2) not later than the 
     date that is 180 days after the date of the enactment of this 
     subsection.
       ``(B) Subsequent disclosures.--Every covered entity which 
     makes covered disbursements (other than covered disbursement 
     reported under subparagraph (A)) and received covered 
     transfers (other than a covered transfer reported under 
     subparagraph (A)) in an aggregate amount in excess of $10,000 
     during any calendar year shall, within 48 hours of each 
     disclosure date, file with the Commission a statement 
     containing the information described in paragraph (2).
       ``(2) Contents of statement.--Each statement required to be 
     filed under this subsection shall be made under penalty of 
     perjury and shall contain the following information:
       ``(A) The identification of the person making the 
     disbursement or receiving the transfer, of any person sharing 
     or exercising direction or control over the activities of 
     such person, and of the custodian of the books and accounts 
     of the person making the disbursement or receiving the 
     transfer.
       ``(B) The principal place of business of the person making 
     the disbursement or receiving the transfer, if not an 
     individual.
       ``(C) The amount of each disbursement or transfer of more 
     than $200 during the period covered by the statement and the 
     identification of the person to whom the disbursement was 
     made or from whom the transfer was received.
       ``(D) The elections to which the disbursements or transfers 
     pertain and the names (if known) of the candidates involved.
       ``(E) If the disbursements were paid out of a segregated 
     bank account which consists of funds contributed solely by 
     individuals who are United States citizens or nationals or 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20))) directly to this account for 
     electioneering communications, the names and addresses of all 
     contributors who contributed an aggregate amount of $1,000 or 
     more to that account during--

[[Page S389]]

       ``(i) in the case of a statement under paragraph (1)(A), 
     during the period described in such paragraph, and
       ``(ii) in the case of a statement under paragraph (1)(B), 
     the period beginning on the first day of the preceding 
     calendar year and ending on the disclosure date.

     Nothing in this subparagraph is to be construed as a 
     prohibition on the use of funds in such a segregated account 
     for a purpose other than covered disbursements.
       ``(F) If the disbursements were paid out of funds not 
     described in subparagraph (E), the names and addresses of all 
     contributors who contributed an aggregate amount of $1,000 or 
     more to the person making the disbursement during--
       ``(i) in the case of a statement under paragraph (1)(A), 
     during the period described in such paragraph, and
       ``(ii) in the case of a statement under paragraph (1)(B), 
     the period beginning on the first day of the preceding 
     calendar year and ending on the disclosure date.
       ``(3) Covered entity.--For purposes of this subsection--
       ``(A) In general.--The term `covered entity' means--
       ``(i) any person who is described in subparagraph (B), and
       ``(ii) any person who owns 5 percent or more of any person 
     described in subparagraph (B).
       ``(B) Person described.--A person is described in this 
     subparagraph if such person has received revenues or stands 
     to receive revenues of $1,000,000 or greater from fossil fuel 
     activities.
       ``(C) Fossil fuel activities.--For purposes of this 
     paragraph, the term `fossil fuel activities' includes the 
     extraction, production, refining, transportation, or 
     combustion of oil, natural gas, or coal.
       ``(4) Covered disbursement.--For purposes of this 
     subsection, the term `covered disbursement' means a 
     disbursement for any of the following:
       ``(A) An independent expenditure.
       ``(B) A broadcast, cable, or satellite communication (other 
     than a communication described in subsection (f)(3)(B)) 
     which--
       ``(i) refers to a clearly identified candidate for Federal 
     office;
       ``(ii) is made--

       ``(I) in the case of a communication which refers to a 
     candidate for an office other than President or Vice 
     President, during the period beginning on January 1 of the 
     calendar year in which a general or runoff election is held 
     and ending on the date of the general or runoff election (or 
     in the case of a special election, during the period 
     beginning on the date on which the announcement with respect 
     to such election is made and ending on the date of the 
     special election); or
       ``(II) in the case of a communication which refers to a 
     candidate for the office of President or Vice President, is 
     made in any State during the period beginning 120 days before 
     the first primary election, caucus, or preference election 
     held for the selection of delegates to a national nominating 
     convention of a political party is held in any State (or, if 
     no such election or caucus is held in any State, the first 
     convention or caucus of a political party which has the 
     authority to nominate a candidate for the office of President 
     or Vice President) and ending on the date of the general 
     election; and

       ``(iii) in the case of a communication which refers to a 
     candidate for an office other than President or Vice 
     President, is targeted to the relevant electorate (within the 
     meaning of subsection (f)(3)(C)).
       ``(C) A transfer to another person for the purposes of 
     making a disbursement described in subparagraph (A) or (B).
       ``(5) Covered transfer.--For purposes of this subsection, 
     the term `covered transfer' means any amount received by a 
     covered entity for the purposes of making a covered 
     disbursement.
       ``(6) Disclosure date.--For purposes of this subsection, 
     the term `disclosure date' means--
       ``(A) the first date during any calendar year by which a 
     person has made covered disbursements and received covered 
     transfers aggregating in excess of $10,000; and
       ``(B) any other date during such calendar year by which a 
     person has made covered disbursements and received covered 
     transfers aggregating in excess of $10,000 since the most 
     recent disclosure date for such calendar year.
       ``(7) Contracts to disburse; coordination with other 
     requirements; etc,.--Rules similar to the rules of paragraphs 
     (5), (6), and (7) of subsection (f) shall apply for purposes 
     of this subsection.''.
                                 ______
                                 
  SA 3126. Mr. LEE (for himself and Mr. Flake) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44___. MODIFICATION OF AUTHORITY TO DECLARE NATIONAL 
                   MONUMENTS.

       Section 320301 of title 54, United States Code, is amended 
     by adding at the end the following:
       ``(e) Effective Date.--A proclamation or reservation issued 
     after the date of enactment of this subsection under 
     subsection (a) or (b) shall expire 3 years after proclaimed 
     or reserved unless specifically approved by--
       ``(1) a Federal law enacted after the date of the 
     proclamation or reservation; and
       ``(2) a State law, for each State where the land covered by 
     the proclamation or reservation is located, enacted after the 
     date of the proclamation or reservation.''.
                                 ______
                                 
  SA 3127. Mr. LEE (for himself and Mr. Flake) submitted an amendment 
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski 
to the bill S. 2012, to provide for the modernization of the energy 
policy of the United States, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 424, strike lines 11 through 18.

                                 ______
                                 
  SA 3128. Mr. BOOZMAN submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 340, beginning on line 10, strike ``Interior 
     pursuant to'' and all that follows through ``agencies'' on 
     line 11 and insert ``Interior and the Corps of Engineers 
     pursuant to an agreement between the 3 agencies''.
       Beginning on page 340, strike line 18 and all that follows 
     through page 341, line 3, and insert the following:
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary, the Secretary of the 
     Interior, and the Secretary of the Army, acting through the 
     Assistant Secretary of the Army for Civil Works, shall 
     establish the joint NEWS Office and Interagency Coordination 
     Committee on the Nexus of Energy and Water for Sustainability 
     (or the ``NEWS Committee'') to carry out the duties described 
     in paragraph (3).
       (2) Administration.--
       (A) Chairs.--The Secretary, the Secretary of the Interior, 
     and the Assistant Secretary of the Army for Civil Works shall 
     jointly manage the
       On page 344, line 12, strike ``5-'' and insert ``4-''.
       On page 345, after line 25, add the following:
       (d) Sunset.--This section terminates on the date that is 5 
     years after the date on which the NEWS Committee is 
     established.
                                 ______
                                 
  SA 3129. Ms. STABENOW (for herself and Mr. Peters) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title IV, add the following:

        Subtitle I--Prevention and Protection From Lead Exposure

     SEC. 4801. DRINKING WATER INFRASTRUCTURE.

       Part B of the Safe Drinking Water Act (42 U.S.C. 300g et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1420A. LEAD PREVENTION GRANT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) City.--The term `City' means the City of Flint, 
     Michigan.
       ``(2) State.--The term `State' means the State of Michigan.
       ``(b) Grant Program.--
       ``(1) Establishment.--Using funds made available under 
     section 4805(a) of the Energy Policy Modernization Act of 
     2016, the Administrator shall make grants to the State and 
     the City for use in accordance with this subsection.
       ``(2) Use of funds.--The use of funds from a grant made 
     under this subsection shall be--
       ``(A) determined by the Administrator, in consultation with 
     the State and the City; and
       ``(B) used only for an activity authorized under paragraph 
     (3).
       ``(3) Authorized activities.--
       ``(A) In general.--The Administrator may authorize the use 
     by the State or the City of funds from a grant under this 
     subsection to carry out any activity that the Administrator 
     determines is necessary to ensure that the drinking water 
     supply of the City does not contain--
       ``(i) lead levels that threaten public health or the 
     environment; or
       ``(ii) lead, other drinking water contaminants, and 
     pathogens that pose a threat to public health.
       ``(B) Inclusions.--Authorized activities under subparagraph 
     (A) may include--
       ``(i) testing, evaluation, and sampling of water supplies 
     and public and private water service lines in the water 
     distribution system of the City;
       ``(ii) repairs and upgrades to water treatment facilities 
     that serve the City;
       ``(iii) optimization of corrosion control treatment of the 
     public and private water service lines in the water 
     distribution system of the City;
       ``(iv) repairs to water mains and replacement of public and 
     private water service lines in the water distribution system 
     of the City; and

[[Page S390]]

       ``(v) modification or construction of new pipelines and 
     treatment system startup evaluations needed to ensure optimal 
     treatment of water from the Karegnondi Water Authority before 
     and after the transition to this new source.
       ``(4) Matching requirement.--As a condition of the State or 
     the City receiving a grant under this subsection, the 
     Administrator shall require the State to provide funds from 
     non-Federal sources in an amount that is at least equal to 
     the amount provided by the Federal Government.
       ``(c) Administration.--The Administrator may use funds made 
     available under section 4805(a) of the Energy Policy 
     Modernization Act of 2016--
       ``(1) for the costs of technical assistance provided by the 
     Environmental Protection Agency or by contractors of the 
     Environmental Protection Agency; and
       ``(2) for administrative activities in support of 
     authorized activities.
       ``(d) Report.--Not later than 45 days after the first day 
     of each of fiscal years 2017, 2018, 2019, 2020, and 2021, the 
     Administrator shall submit to the Committee on Appropriations 
     of the Senate, the Committee on Environment and Public Works 
     of the Senate, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Appropriations of the House of Representatives, the Committee 
     on Energy and Commerce of the House of Representatives, and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the actions 
     taken to carry out the purposes of the grant program, as 
     described in subsection (b)(3).
       ``(e) Sunset.--The authority provided by this section 
     terminates on March 1, 2021.''.

     SEC. 4802. LOAN FORGIVENESS.

       The matter under the heading ``State and Tribal Assistance 
     Grants'' under the heading ``ENVIRONMENTAL PROTECTION 
     AGENCY'' in title II of division G of the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113), is amended in 
     paragraph (1), by striking the semicolon at the end and 
     inserting the following: ``or, if a Federal or State 
     emergency declaration has been issued due to a threat to 
     public health from heightened exposure to lead in a municipal 
     drinking water supply, before the date of enactment of this 
     Act: Provided further, that in a State in which such an 
     emergency declaration has been issued, the State may use more 
     than 20 percent of the funds made available under this title 
     to the State for Drinking Water State Revolving Fund 
     capitalization grants to provide additional subsidy to 
     eligible recipients;''.

     SEC. 4803. DISCLOSURE OF PUBLIC HEALTH THREATS FROM LEAD 
                   EXPOSURE.

       (a) Exceedance of Lead Action Level.--Section 1414(c) of 
     the Safe Drinking Water Act (42 U.S.C. 300g-3(c)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Notice of any exceedance of a lead action level or 
     any other prescribed level of lead in a regulation issued 
     under section 1412, including the concentrations of lead 
     found in a monitoring activity.'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) Exceedance of lead action level.--Regulations issued 
     under subparagraph (A) shall specify notification procedures 
     for an exceedance of a lead action level or any other 
     prescribed level of lead in a regulation issued under section 
     1412.'';
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (4) by inserting after paragraph (2) the following:
       ``(3) Notification of the public relating to lead.--
       ``(A) Exceedance of lead action level.--Not later than 15 
     days after the date of an exceedance of a lead action level 
     or any other prescribed level of lead in a regulation issued 
     under section 1412, the Administrator shall notify the public 
     of the concentrations of lead found in the monitoring 
     activity conducted by the public water system if the public 
     water system or the State does not notify the public of the 
     concentrations of lead found in a monitoring activity.
       ``(B) Results of lead monitoring.--
       ``(i) In general.--The Administrator may provide notice of 
     any result of lead monitoring conducted by a public water 
     system to--

       ``(I) any person that is served by the public water system; 
     or
       ``(II) the local or State health department of a locality 
     or State in which the public water system is located.

       ``(ii) Form of notice.--The Administrator may provide the 
     notice described in clause (i) by--

       ``(I) press release; or
       ``(II) other form of communication, including local 
     media.''.

       (b) Conforming Amendments.--Section 1414 (c) of the Safe 
     Drinking Water Act (42 U.S.C. 300g-3(c)) is amended--
       (1) in paragraph (1)(C), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(F)'';
       (2) in paragraph (2)(B)(i)(II), by striking ``subparagraph 
     (D)'' and inserting ``subparagraph (E)''; and
       (3) in paragraph (3)(B), in the first sentence, by striking 
     ``(D)'' and inserting ``(E)''.

     SEC. 4804. CENTER OF EXCELLENCE ON LEAD EXPOSURE.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the Center of 
     Excellence on Lead Exposure established under subsection (b).
       (2) City.--The term ``City'' means the City of Flint, 
     Michigan.
       (3) Community.--The term ``community'' means the community 
     of the City.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (5) State.--The term ``State'' means the State of Michigan.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall, by contract, 
     grant, or cooperative agreement, establish in the City a 
     center to be known as the ``Center of Excellence on Lead 
     Exposure''.
       (c) Collaboration.--The Center shall collaborate with 
     research institutions, hospitals, Federally qualified health 
     centers, school-based health centers, community behavioral 
     health providers, public health agencies of Genesee County in 
     the State, and the State in the development and operation of 
     the Center.
       (d) Advisory Committee.--
       (1) In general.--The Center shall establish an advisory 
     committee to provide scientific and technical support for the 
     Center and to advise the Secretary, consisting of, at a 
     minimum--
       (A) an epidemiologist;
       (B) a toxicologist;
       (C) a mental health professional;
       (D) a pediatrician;
       (E) an early childhood education expert;
       (F) a special education expert;
       (G) a dietician;
       (H) an environmental health expert; and
       (I) 2 community representatives.
       (2) Application of faca.--The advisory committee shall be 
     subject to the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (e) Responsibilities.--The Center shall, at minimum, 
     develop and carry out the following components and 
     responsibilities:
       (1) Establish a health registry with the following 
     responsibilities:
       (A) Survey City residents about exposure to lead, and 
     inform City residents of the health and developmental impacts 
     that may have resulted from that exposure.
       (B) Identify and provide ongoing monitoring for City 
     residents who have been exposed to lead.
       (C) Collect and analyze clinical data related to the 
     monitoring and treatment of City residents.
       (D) Provide culturally and linguistically relevant 
     personnel and materials necessary for City residents.
       (2) Conduct research on physical, behavioral, and 
     developmental impacts, as well as other health or educational 
     impacts associated with lead exposure, including cancer, 
     heart disease, liver disease, neurological impacts, 
     developmental delays, reproductive health impacts, and 
     maternal and fetal health impacts.
       (3) Develop lead mitigation recommendations and allocate 
     resources, as appropriate, for health-, education-, and 
     nutrition-related interventions, as well as other 
     interventions, to mitigate lead exposure in children and 
     adults.
       (4) Establish a partnership with the Regional Center of 
     Excellence on Nutrition Education of the Department of 
     Agriculture to provide any relevant nutrition information for 
     lead mitigation, including--
       (A) identifying and implementing best practices in 
     nutrition education regarding lead-mitigating foods; and
       (B) making recommendations and conducting outreach to 
     improve access to lead-mitigating foods in the community.
       (5) Conduct education and outreach efforts for the City, 
     including the following:
       (A) Create a publicly accessible website that provides, at 
     minimum, details about the health registry for City 
     residents, available testing and other services through the 
     Center for City residents and other communities impacted by 
     lead exposure, any relevant information regarding health and 
     educational impacts of lead exposure, any relevant 
     information on mitigation services, and any research 
     conducted through the Center.
       (B) Conduct regular meetings in the City to discuss the 
     ongoing impact of lead exposure on residents and solicit 
     community input regarding ongoing mitigation needs.
       (C) Establish a navigation program to connect City 
     residents to available Federal, State, and local resources 
     and programs that assist with cognitive, developmental, and 
     health problems associated with lead exposure.
       (f) Report.--Biannually, the Secretary shall submit to the 
     Committees on Finance, Health, Education, Labor, and 
     Pensions, Agriculture, Nutrition, and Forestry of the Senate 
     and the Committees on Education and the Workforce, Energy and 
     Commerce, and Agriculture of the House of Representatives a 
     report--
       (1) assessing the impacts of the Center on City health and 
     education systems and outcomes;
       (2) describing any research conducted by or with the 
     Center; and
       (3) making any recommendations for the City, State, or 
     other communities impacted by lead exposure, as appropriate.

     SEC. 4805. FUNDING.

       (a) Lead Prevention Grant Program.--
       (1) In general.--Not later than 5 days after the date of 
     enactment of this Act, out

[[Page S391]]

     of any funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the Administrator 
     of the Environmental Protection Agency to carry out section 
     1420A of the Safe Drinking Water Act (as added by section 
     4801) $400,000,000, to remain available until March 1, 2021.
       (2) Receipt and acceptance.--The Administrator of the 
     Environmental Protection Agency shall be entitled to receive, 
     shall accept, and shall use to carry out section 1420A of the 
     Safe Drinking Water Act (as added by section 4801) the funds 
     transferred under paragraph (1), without further 
     appropriation.
       (3) Reversion of funds.--Any funds transferred under 
     paragraph (1) that are unexpended or unobligated as of March 
     1, 2021, shall revert to the general fund of the Treasury.
       (b) Center of Excellence on Lead Exposure.--
       (1) In general.--On October 1, 2016, and on each October 1 
     thereafter through October 1, 2025, out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary of Health and Human 
     Services to carry out section 4804 $20,000,000, to remain 
     available until expended.
       (2) Receipt and acceptance.--The Secretary of Health and 
     Human Services shall be entitled to receive, shall accept, 
     and shall use to carry out section 4804 the funds transferred 
     under paragraph (1), without further appropriation.

     SEC. 4806. EMERGENCY DESIGNATION.

       (a) In General.--This subtitle and the amendments made by 
     this subtitle are designated as an emergency requirement 
     pursuant to section 4(g) of the Statutory Pay-As-You-Go Act 
     of 2010 (2 U.S.C. 933(g)).
       (b) Designation in Senate.--In the Senate, this subtitle 
     and the amendments made by this subtitle are designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
                                 ______
                                 
  SA 3130. Mr. WARNER (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed by him to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ENERGY PRODUCTIVITY INNOVATION CHALLENGE.

       (a) Purpose.--The purpose of this section is to assist 
     energy policy innovation in the States to promote the goal of 
     doubling electric and thermal energy productivity by January 
     1, 2030.
       (b) Definitions.--In this section:
       (1) Energy productivity.--The term ``energy productivity'' 
     means, in the case of a State or Indian tribe, the gross 
     State or tribal product per British thermal unit of energy 
     consumed in the State or tribal land of the Indian tribe, 
     respectively.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (4) State.--The term ``State'' has the meaning given the 
     term in section 3 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6202).
       (c) Phase 1: Initial Allocation of Grants to States.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall issue an 
     invitation to States to submit plans to participate in an 
     electric and thermal energy productivity challenge in 
     accordance with this subsection.
       (2) Grants.--
       (A) In general.--Subject to subsection (f), the Secretary 
     shall use funds made available under subsection (g)(2)(A) to 
     provide an initial allocation of grants to not more than 25 
     States.
       (B) Amount.--The amount of a grant provided to a State 
     under this subsection shall be not less than $500,000 nor 
     more than $1,750,000.
       (3) Submission of plans.--To receive a grant under this 
     subsection, not later than 90 days after the date of issuance 
     of the invitation under paragraph (1), a State (in 
     consultation with energy utilities, regulatory bodies, and 
     others) shall submit to the Secretary an application to 
     receive the grant by submitting a revised State energy 
     conservation plan under section 362 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6322).
       (4) Decision by secretary.--
       (A) Basis.--The Secretary shall base the decision of the 
     Secretary on an application submitted under this subsection 
     on--
       (i) plans for improvement in electric and thermal energy 
     productivity consistent with this section; and
       (ii) other factors determined appropriate by the Secretary, 
     including geographic diversity.
       (B) Ranking.--The Secretary shall--
       (i) rank revised plans submitted under this subsection in 
     order of the greatest to least likely contribution to 
     improving energy productivity in the State; and
       (ii) provide grants under this subsection in accordance 
     with the ranking and the scale and scope of a plan.
       (5) Plan requirements.--A plan submitted under paragraph 
     (3) shall provide--
       (A) a description of the manner in which--
       (i) energy savings will be monitored and verified and 
     energy productivity improvements will be calculated using 
     inflation-adjusted dollars;
       (ii) a statewide baseline of energy use and potential 
     resources for calendar year 2010 will be established to 
     measure improvements;
       (iii) the plan will promote achievement of energy savings 
     and demand reduction goals;
       (iv) public and private sector investments in energy 
     efficiency will be leveraged with available Federal funding; 
     and
       (v) the plan will not cause cost-shifting among utility 
     customer classes or negatively impact low-income populations; 
     and
       (B) an assurance that--
       (i) the State energy office required to submit the plan, 
     the energy utilities in the State participating in the plan, 
     and the State public service commission are cooperating and 
     coordinating programs and activities under this section;
       (ii) the State is cooperating with local units of 
     government, Indian tribes, and energy utilities to expand 
     programs as appropriate; and
       (iii) grants provided under this section will be used to 
     supplement and not supplant Federal, State, or ratepayer-
     funded programs or activities in existence on the date of 
     enactment of this Act.
       (6) Uses.--A State may use grants provided under this 
     subsection to promote--
       (A) the expansion of policies and programs that will 
     advance industrial energy efficiency, waste heat recovery, 
     combined heat and power, and waste heat-to-power utilization;
       (B) the expansion of policies and programs that will 
     advance energy efficiency construction and retrofits for 
     public and private commercial buildings (including schools, 
     hospitals, and residential buildings, including multifamily 
     buildings) such as through expanded energy service 
     performance contracts, equivalent utility energy service 
     contracts, zero net-energy buildings, and improved building 
     energy efficiency codes;
       (C) the expansion of residential policies and programs 
     designed to implement best practice policies and tools for 
     residential retrofit programs that--
       (i) reduce administrative and delivery costs for energy 
     efficiency projects;
       (ii) encourage streamlining and automation to support 
     contractor engagement; and
       (iii) implement systems that encourage private investment 
     and market innovation;
       (D) the establishment or expansion of incentives in the 
     electric utility sector to enhance demand response and energy 
     efficiency, including consideration of additional incentives 
     to promote the purposes of section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), 
     such as appropriate, cost-effective policies regarding rate 
     structures, grid improvements, behavior change, combined heat 
     and power and waste heat-to-power incentives, financing of 
     energy efficiency programs, data use incentives, district 
     heating, and regular energy audits; and
       (E) leadership by example, in which State activities 
     involving both facilities and vehicle fleets can be a model 
     for other action to promote energy efficiency and can be 
     expanded with Federal grants provided under this section.
       (d) Phase 2: Subsequent Allocation of Grants to States.--
       (1) Reports.--Not later than 18 months after the receipt of 
     grants under subsection (c), each State (in consultation with 
     other parties described in paragraph (2)(C)(vi)) that 
     received grants under subsection (c) may submit to the 
     Secretary a report that describes--
       (A) the performance of the programs and activities carried 
     out with the grants; and
       (B) in consultation with other parties described in 
     paragraph (2)(C)(vi), the manner in which additional funds 
     would be used to carry out programs and activities to promote 
     the purposes of this section.
       (2) Grants.--
       (A) In general.--Not later than 180 days after the date of 
     the receipt of the reports required under paragraph (1), 
     subject to subsection (f), the Secretary shall use amounts 
     made available under subsection (g)(2)(B) to provide grants 
     to not more than 6 States to carry out the programs and 
     activities described in paragraph (1)(B).
       (B) Amount.--The amount of a grant provided to a State 
     under this subsection shall be not more than $15,000,000.
       (C) Basis.--The Secretary shall base the decision of the 
     Secretary to provide grants under this subsection on--
       (i) the performance of the State in the programs and 
     activities carried out with grants provided under subsection 
     (c);
       (ii) the potential of the programs and activities described 
     in paragraph (1)(B) to achieve the purposes of this section;
       (iii) the desirability of maintaining a total project 
     portfolio that is geographically and functionally diverse;
       (iv) the amount of non-Federal funds that are leveraged as 
     a result of the grants to ensure that Federal dollars are 
     leveraged effectively;
       (v) plans for continuation of the improvements after the 
     receipt of grants under this section; and
       (vi) demonstrated effort by the State to involve diverse 
     groups, including--

       (I) investor-owned, cooperative, and public power 
     utilities;
       (II) local governments; and

[[Page S392]]

       (III) nonprofit organizations.

       (e) Allocation of Grants to Indian Tribes.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall invite Indian 
     tribes to submit plans to participate in an electric and 
     thermal energy productivity challenge in accordance with this 
     subsection.
       (2) Submission of plans.--To receive a grant under this 
     subsection, not later than 90 days after the date of issuance 
     of the invitation under paragraph (1), an Indian tribe shall 
     submit to the Secretary a plan to increase electric and 
     thermal energy productivity by the Indian tribe.
       (3) Decision by secretary.--
       (A) In general.--Not later than 90 days after the 
     submission of plans under paragraph (2), the Secretary shall 
     make a final decision on the allocation of grants under this 
     subsection.
       (B) Basis.--The Secretary shall base the decision of the 
     Secretary under subparagraph (A) on--
       (i) plans for improvement in electric and thermal energy 
     productivity consistent with this section;
       (ii) plans for continuation of the improvements after the 
     receipt of grants under this section; and
       (iii) other factors determined appropriate by the 
     Secretary, including--

       (I) geographic diversity; and
       (II) size differences among Indian tribes.

       (C) Limitation.--An individual Indian tribe shall not 
     receive more than 20 percent of the total amount available to 
     carry out this subsection.
       (f) Administration.--
       (1) Independent evaluation.--To evaluate program 
     performance and effectiveness under this section, the 
     Secretary shall consult with the National Research Council 
     regarding requirements for data and evaluation for recipients 
     of grants under this section.
       (2) Coordination with state energy conservation programs.--
       (A) In general.--Grants to States under this section shall 
     be provided through additional funding to carry out State 
     energy conservation programs under part D of title III of the 
     Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (B) Relationship to state energy conservation programs.--
       (i) In general.--A grant provided to a State under this 
     section shall be used to supplement (and not supplant) funds 
     provided to the State under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.).
       (ii) Minimum funding.--A grant shall not be provided to a 
     State for a fiscal year under this section if the amount of 
     funding provided to all State grantees under the base formula 
     for the fiscal year under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq.) is less 
     than $50,000,000.
       (3) Voluntary participation.--The participation of a State 
     in a challenge established under this section shall be 
     voluntary.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $100,000,000 for the period of fiscal 
     years 2017 and 2018.
       (2) Allocation.--Of the total amount of funds made 
     available under paragraph (1)--
       (A) 30 percent shall be used to provide an initial 
     allocation of grants to States under subsection (c);
       (B) 61 percent shall be used to provide a subsequent 
     allocation of grants to States under subsection (d);
       (C) 4 percent shall be used to make grants to Indian tribes 
     under subsection (e); and
       (D) 5 percent shall be available to the Secretary for the 
     cost of administration and technical support to carry out 
     this section.
       (h) Offset.--Section 422(f) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17082(f)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) $200,000,000 for each of fiscal years 2013 through 
     2016;
       ``(5) $150,000,000 for each of fiscal years 2017 and 2018; 
     and
       ``(6) $200,000,000 for fiscal year 2019.''.
                                 ______
                                 
  SA 3131. Mr. MERKLEY submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of section 1306, add the following:
       (h) Secondary Use Applications.--
       (1) In general.--The Secretary shall carry out a research, 
     development, and demonstration program that--
       (A) builds on any work carried out under section 915 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16195);
       (B) identifies possible uses of a vehicle battery after the 
     useful life of the battery in a vehicle has been exhausted;
       (C) conducts long-term testing to verify performance and 
     degradation predictions and lifetime valuations for secondary 
     uses;
       (D) evaluates innovative approaches to recycling materials 
     from plug-in electric drive vehicles and the batteries used 
     in plug-in electric drive vehicles;
       (E)(i) assesses the potential for markets for uses 
     described in subparagraph (B) to develop; and
       (ii) identifies any barriers to the development of those 
     markets; and
       (F) identifies the potential uses of a vehicle battery--
       (i) with the most promise for market development; and
       (ii) for which market development would be aided by a 
     demonstration project.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress an initial report on the 
     findings of the program described in paragraph (1), including 
     recommendations for stationary energy storage and other 
     potential applications for batteries used in plug-in electric 
     drive vehicles.
       (3) Secondary use demonstration.--
       (A) In general.--Based on the results of the program 
     described in paragraph (1), the Secretary shall develop 
     guidelines for projects that demonstrate the secondary uses 
     and innovative recycling of vehicle batteries.
       (B) Publication of guidelines.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary 
     shall--
       (i) publish the guidelines described in subparagraph (A); 
     and
       (ii) solicit applications for funding for demonstration 
     projects.
       (C) Pilot demonstration program.--Not later than 21 months 
     after the date of enactment of this Act, the Secretary shall 
     select proposals for grant funding under this section, based 
     on an assessment of which proposals are mostly likely to 
     contribute to the development of a secondary market for 
     batteries.
                                 ______
                                 
  SA 3132. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle A of title I, add the following:

     SEC. 10__. PERMANENT EXTENSION AND MODIFICATION OF DEDUCTION 
                   FOR ENERGY-EFFICIENT COMMERCIAL BUILDINGS.

       (a) Extension and Modification.--
       (1) Extension.--Section 179D of the Internal Revenue Code 
     of 1986 is amended by striking subsection (h).
       (2) Inclusion of multifamily buildings.--
       (A) In general.--Subparagraph (B) of section 179D(c)(1) of 
     such Code is amended by striking ``building'' and inserting 
     ``commercial building or multifamily building''.
       (B) Definitions.--Subsection (c) of section 179D of such 
     Code is amended by adding at the end the following new 
     paragraphs:
       ``(3) Commercial building.--The term `commercial building' 
     means a building with a primary use or purpose other than as 
     residential housing.
       ``(4) Multifamily building.--The term `multifamily 
     building' means a structure of 5 or more dwelling units with 
     a primary use as residential housing, and includes such 
     buildings owned and operated as a condominium, cooperative, 
     or other common interest community.''.
       (b) Increase in Maximum Amount of Deduction.--
       (1) In general.--Subparagraph (A) of section 179D(b)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``$1.80'' and inserting ``$3.00''.
       (2) Partial allowance.--Paragraph (1) of section 179D(d) of 
     such Code is amended to read as follows:
       ``(1) Partial allowance.--
       ``(A) In general.--Except as provided in subsection (f), 
     if--
       ``(i) the requirement of subsection (c)(1)(D) is not met, 
     but
       ``(ii) there is a certification in accordance with 
     paragraph (6) that--

       ``(I) any system referred to in subsection (c)(1)(C) 
     satisfies the energy-savings targets established by the 
     Secretary under subparagraph (B) with respect to such system, 
     or
       ``(II) the systems referred to in subsection (c)(1)(C)(ii) 
     and subsection (c)(1)(C)(iii) together satisfy the energy-
     savings targets established by the Secretary under 
     subparagraph (B) with respect to such systems,

     then the requirement of subsection (c)(1)(D) shall be treated 
     as met with respect to such system or systems, and the 
     deduction under subsection (a) shall be allowed with respect 
     to energy-efficient commercial building property installed as 
     part of such system and as part of a plan to meet such 
     targets, except that subsection (b) shall be applied to such 
     property described in clause (ii)(I) by substituting `$1.00' 
     for `$3.00' and to such property described in clause (ii)(II) 
     by substituting `$2.20' for `$3.00'.
       ``(B) Regulations.--
       ``(i) In general.--The Secretary, after consultation with 
     the Secretary of Energy, shall promulgate regulations 
     establishing a target for each system described in subsection 
     (c)(1)(C) which, if such targets were met for all such 
     systems, the property would meet the requirements of 
     subsection (c)(1)(D).
       ``(ii) Safe harbor for combined systems.--The Secretary, 
     after consultation with the Secretary of Energy, and not 
     later than 6 months after the date of the enactment of the 
     Energy Policy Modernization

[[Page S393]]

     Act of 2015, shall promulgate regulations regarding combined 
     envelope and mechanical system performance that detail 
     appropriate components, efficiency levels, or other relevant 
     information for the systems referred to in subsection 
     (c)(1)(C)(ii) and subsection (c)(1)(C)(iii) together to be 
     deemed to have achieved two-thirds of the requirements of 
     subsection (c)(1)(D).''.
       (c) Denial of Double Benefit Rules.--
       (1) In general.--Section 179D of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(h) Tax Incentives Not Available.--Energy-efficient 
     measures for which a deduction is allowed under this section 
     shall not be eligible for a deduction under section 179F.''.
       (2) Low-income housing exception to basis reduction.--
     Subsection (e) of section 179D of such Code is amended by 
     inserting ``(other than property placed in service in a 
     qualified low-income building (within the meaning of section 
     42))'' after ``building property''.
       (d) Allocation of Deduction.--Paragraph (4) of section 
     179D(d) of the Internal Revenue Code of 1986 is amended to 
     read as follows:
       ``(4) Allocation of deduction.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of the Energy Policy Modernization Act of 
     2015, the Secretary, in consultation with the Secretary of 
     Energy, shall promulgate a regulation to allow the owner of a 
     commercial or multifamily building, including a government, 
     tribal, or non-profit owner, to allocate any deduction 
     allowed under this section, or a portion thereof, to the 
     person primarily responsible for designing the property in 
     lieu of the owner or to a commercial tenant that leases or 
     otherwise occupies space in such building pursuant to a 
     written agreement. Such person shall be treated as the 
     taxpayer for purposes of this section.
       ``(B) Form of allocation.--An allocation made under this 
     paragraph shall be in writing and in a form that meets the 
     form of allocation requirements in Notice 2008-40 of the 
     Internal Revenue Service.
       ``(C) Provision of allocation.--Not later than 30 days 
     after receipt of a written request from a person eligible to 
     receive an allocation under this paragraph, the owner of a 
     building that makes an allocation under this paragraph shall 
     provide the form of allocation (as described in subparagraph 
     (B)) to such person.
       ``(D) Allocation from public owner of building.--In the 
     case of a commercial building or multifamily building that is 
     owned by a Federal, State, or local government or a 
     subdivision thereof, Notice 2006-52 of the Internal Revenue 
     Service, as amplified by Notice 2008-40, shall apply to any 
     allocation.''.
       (e) Treatment of Basis in Context of Allocation.--
     Subsection (e) of section 179D of the Internal Revenue Code 
     of 1986, as amended by subsection (c)(2), is amended by 
     inserting ``or so allocated'' after ``so allowed''.
       (f) Earnings and Profits Conformity for Real Estate 
     Investment Trusts.--Subparagraph (B) of section 312(k)(3) of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``.--For purposes of'' and inserting ``.--
       ``(i) In general.--Except as provided in clause (ii), for 
     purposes of'', and
       (2) by adding at the end the following new clause:
       ``(ii) Earnings and profits conformity for real estate 
     investment trusts.--

       ``(I) In general.--For purposes of computing the earnings 
     and profits of a real estate investment trust (other than a 
     captive real estate investment trust), the entire amount 
     deductible under section 179D shall be allowed as deductions 
     in the taxable years for which such amounts are claimed under 
     such section.
       ``(II) Captive real estate investment trust.--The term 
     `captive real estate investment trust' means a real estate 
     investment trust the shares or beneficial interests of which 
     are not regularly traded on an established securities market 
     and more than 50 percent of the voting power or value of the 
     beneficial interests or shares of which are owned or 
     controlled, directly or indirectly, or constructively, by a 
     single entity that is treated as an association taxable as a 
     corporation under this title and is not exempt from taxation 
     pursuant to the provisions of section 501(a).
       ``(III) Rules of application.--For purposes of this clause, 
     the constructive ownership rules of section 318(a), as 
     modified by section 856(d)(5), shall apply in determining the 
     ownership of stock, assets, or net profits of any person, and 
     the following entities are not considered an association 
     taxable as a corporation:

       ``(aa) Any real estate investment trust other than a 
     captive real estate investment trust.
       ``(bb) Any qualified real estate investment trust 
     subsidiary under section 856, other than a qualified REIT 
     subsidiary of a captive real estate investment trust.
       ``(cc) Any Listed Australian Property Trust (meaning an 
     Australian unit trust registered as a `Managed Investment 
     Scheme' under the Australian Corporations Act in which the 
     principal class of units is listed on a recognized stock 
     exchange in Australia and is regularly traded on an 
     established securities market), or an entity organized as a 
     trust, provided that a Listed Australian Property Trust owns 
     or controls, directly or indirectly, 75 percent or more of 
     the voting power or value of the beneficial interests or 
     shares of such trust.
       ``(dd) Any corporation, trust, association, or partnership 
     organized outside the laws of the United States and which 
     satisfies the criteria described in subclause (IV).

       ``(IV) Criteria.--The criteria described in this subclause 
     are as follows:

       ``(aa) At least 75 percent of the entity's total asset 
     value at the close of its taxable year is represented by real 
     estate assets (as defined in section 856(c)(5)(B)), cash and 
     cash equivalents, and United States Government securities.
       ``(bb) The entity is not subject to tax on amounts 
     distributed to its beneficial owners, or is exempt from 
     entity-level taxation.
       ``(cc) The entity distributes at least 85 percent of its 
     taxable income (as computed in the jurisdiction in which it 
     is organized) to the holders of its shares or certificates of 
     beneficial interest on an annual basis.
       ``(dd) Not more than 10 percent of the voting power or 
     value in such entity is held directly or indirectly or 
     constructively by a single entity or individual, or the 
     shares or beneficial interests of such entity are regularly 
     traded on an established securities market.
       ``(ee) The entity is organized in a country which has a tax 
     treaty with the United States.''.
       (g) Rules for Lighting Systems.--Subsection (f) of section 
     179D of the Internal Revenue Code of 1986 is amended to read 
     as follows:
       ``(f) Rules for Lighting Systems.--
       ``(1) In general.--With respect to property that is part of 
     a lighting system, the deduction allowed under subsection (a) 
     shall be equal to--
       ``(A) for a lighting system that includes installation of a 
     lighting control described in paragraph (2)(A), the 
     applicable amount determined under paragraph (3)(A),
       ``(B) for a lighting system that includes installation of a 
     lighting control described in paragraph (2)(B), the 
     applicable amount determined under paragraph (3)(B), or
       ``(C) for a lighting system that does not include 
     installation of any lighting controls described in 
     subparagraph (A) or (B) of paragraph (2), the applicable 
     amount determined under paragraph (3)(C).
       ``(2) Energy saving controls.--
       ``(A) Lighting controls in certain spaces.--For purposes of 
     paragraph (1)(A), the lighting controls described in this 
     subparagraph are the following:
       ``(i) Occupancy sensors (as described in paragraph (4)(I)) 
     in spaces not greater than 800 square feet.
       ``(ii) Bi-level controls (as described in paragraph 
     (4)(A)).
       ``(iii) Continuous or step dimming controls (as described 
     in subparagraphs (B) and (K) of paragraph (4)).
       ``(iv) Daylight dimming where sufficient daylight is 
     available (as described in paragraph (4)(C)).
       ``(v) A multi-scene controller (as described in paragraph 
     (4)(H)).
       ``(vi) Time scheduling controls (as described in paragraph 
     (4)(L)), provided that such controls are not required by 
     Standard 90.1-2010.
       ``(vii) Such other lighting controls as the Secretary, in 
     consultation with the Secretary of Energy, determines 
     appropriate.
       ``(B) Other control types.--For purposes of paragraph 
     (1)(B), the lighting controls described in this subparagraph 
     are the following:
       ``(i) Occupancy sensors (as described in paragraph (4)(I)) 
     in spaces greater than 800 square feet.
       ``(ii) Demand responsive controls (as described in 
     paragraph (4)(D)).
       ``(iii) Lumen maintenance controls (as described in 
     paragraph (4)(F)) where solid state lighting is used.
       ``(iv) Such other lighting controls as the Secretary, in 
     consultation with the Secretary of Energy, determines 
     appropriate.
       ``(3) Applicable amount.--
       ``(A) Lighting controls in certain spaces.--For purposes of 
     paragraph (1)(A), the applicable amount shall be determined 
     in accordance with the following table:

``If the percentage of reduction in lighting power density is not less 
The amount of the deduction per square foot is:
  15 percent.....................................................$0.30 
  20 percent.....................................................$0.44 
  25 percent.....................................................$0.58 
  30 percent.....................................................$0.72 
  35 percent.....................................................$0.86 
  40 percent.....................................................$1.00.

       ``(B) Lighting controls in larger spaces and where solid 
     lighting is used.--For purposes of paragraph (1)(B), the 
     applicable amount shall be determined in accordance with the 
     following table:

``If the percentage of reduction in lighting power density is not less 
The amount of the deduction per square foot is:
  20 percent.....................................................$0.30 
  25 percent.....................................................$0.44 
  30 percent.....................................................$0.58 
  35 percent.....................................................$0.72 
  40 percent.....................................................$0.86 
  45 percent.....................................................$1.00.

       ``(C) No qualified lighting controls.--For purposes of 
     paragraph (1)(C), the applicable amount shall be determined 
     in accordance with the following table:

``If the percentage of reduction in lighting power density is not less 
The amount of the deduction per square foot is:
  25 percent.....................................................$0.30 

[[Page S394]]

  30 percent.....................................................$0.44 
  35 percent.....................................................$0.58 
  40 percent.....................................................$0.72 
  45 percent.....................................................$0.86 
  50 percent.....................................................$1.00.

       ``(4) Definitions.--For purposes of this subsection:
       ``(A) Bi-level control.--
       ``(i) In general.--Subject to clause (ii), the term `bi-
     level control' means a lighting control strategy that 
     provides for 2 different levels of lighting.
       ``(ii) Full-off setting.--For purposes of clause (i), a bi-
     level control shall also provide for a full-off setting.
       ``(B) Continuous dimming.--The term `continuous dimming' 
     means a lighting control strategy that adjusts the light 
     output of a lighting system between minimum and maximum light 
     output in a manner that is not perceptible.
       ``(C) Daylight dimming; sufficient daylight.--
       ``(i) Daylight dimming.--The term `daylight dimming' means 
     any device that--

       ``(I) adjusts electric lighting power in response to the 
     amount of daylight that is present in an area, and
       ``(II) provides for separate control of the lamps for 
     general lighting in the daylight area by not less than 1 
     multi-level photocontrol, including continuous dimming 
     devices, that satisfies the following requirements:

       ``(aa) The light sensor for the multi-level photocontrol is 
     remote from where calibration adjustments are made.
       ``(bb) The calibration adjustments are readily accessible.
       ``(cc) The multi-level photocontrol reduces electric 
     lighting power in response to the amount of daylight with--
       ``(AA) not less than 1 control step that is between 50 
     percent and 70 percent of design lighting power, and
       ``(BB) not less than 1 control step that is not less than 
     35 percent of design lighting power.
       ``(ii) Sufficient daylight.--

       ``(I) In general.--The term `sufficient daylight' means--

       ``(aa) in the case of toplighted areas, when the total 
     daylight area under skylights plus the total daylight area 
     under rooftop monitors in an enclosed space is greater than 
     900 square feet (as defined in Standard 90.1-2010), and
       ``(bb) in the case of sidelighted areas, when the combined 
     primary sidelight area in an enclosed space is not less than 
     250 square feet (as defined in Standard 90.1-2010).

       ``(II) Exceptions.--Sufficient daylight shall be deemed to 
     not be available if--

       ``(aa) in the case of areas described in subclause 
     (I)(aa)--
       ``(AA) for daylighted areas under skylights, it is 
     documented that existing adjacent structures or natural 
     objects block direct beam sunlight for more than 1500 daytime 
     hours (after 8 a.m. and before 4 p.m., local time) per year,
       ``(BB) for daylighted areas, the skylight effective 
     aperture is less than 0.006, or
       ``(CC) for buildings in climate zone 8, as defined under 
     Standard 90.1-2010, the daylight areas total less than 1500 
     square feet in an enclosed space, and
       ``(bb) in the case of primary sidelighted areas described 
     in subclause (I)(bb)--
       ``(AA) the top of the existing adjacent structures are at 
     least twice as high above the windows as the distance from 
     the window, or
       ``(BB) the sidelighting effective aperture is less than 
     0.1.
       ``(iii) Daylight, sidelighting, and other related terms.--
     The terms `daylight area', `daylight area under skylights', 
     `daylight area under rooftop monitors', `daylighted area', 
     `enclosed space', `primary sidelighted areas', `sidelighting 
     effective aperture', and `skylight effective aperture' have 
     the same meaning given such terms under Standard 90.1-2010.
       ``(D) Demand responsive control.--
       ``(i) In general.--The term `demand responsive control' 
     means a control device that receives and automatically 
     responds to a demand response signal and--

       ``(I) in the case of space-conditioning systems, conducts a 
     centralized demand shed for non-critical zones during a 
     demand response period and that has the capability to, on a 
     signal from a centralized contract or software point within 
     an Energy Management Control System--

       ``(aa) remotely increase the operating cooling temperature 
     set points in such zones by not less than 4 degrees,
       ``(bb) remotely decrease the operating heating temperature 
     set points in such zones by not less than 4 degrees,
       ``(cc) remotely reset temperatures in such zones to 
     originating operating levels, and
       ``(dd) provide an adjustable rate of change for any 
     temperature adjustment and reset, and

       ``(II) in the case of lighting power, has the capability to 
     reduce lighting power by not less than 30 percent during a 
     demand response period.

       ``(ii) Demand response period.--The term `demand response 
     period' means a period in which short-term adjustments in 
     electricity usage are made by end-use customers from normal 
     electricity consumption patterns, including adjustments in 
     response to--

       ``(I) the price of electricity, and
       ``(II) participation in programs or services that are 
     designed to modify electricity usage in response to wholesale 
     market prices for electricity or when reliability of the 
     electrical system is in jeopardy.

       ``(iii) Demand response signal.--The term `demand response 
     signal' means a signal sent to an end-use customer by a local 
     utility, independent system operator, or designated 
     curtailment service provider or aggregator that--

       ``(I) indicates an adjustment in the price of electricity, 
     or
       ``(II) is a request to modify electricity consumption.

       ``(E) Lamp.--The term `lamp' means an artificial light 
     source that produces optical radiation (including ultraviolet 
     and infrared radiation).
       ``(F) Lumen maintenance control.--The term `lumen 
     maintenance control' means a lighting control strategy that 
     maintains constant light output by adjusting lamp power to 
     compensate for age and cleanliness of luminaires.
       ``(G) Luminaire.--The term `luminaire' means a complete 
     lighting unit for the production, control, and distribution 
     of light that consists of--
       ``(i) not less than 1 lamp, and
       ``(ii) any of the following items:

       ``(I) Optical control devices designed to distribute light.
       ``(II) Sockets or mountings for the positioning, 
     protection, and operation of the lamps.
       ``(III) Mechanical components for support or attachment.
       ``(IV) Electrical and electronic components for operation 
     and control of the lamps.

       ``(H) Multi-scene control.--The term `multi-scene control' 
     means a lighting control device or system that allows for--
       ``(i) not less than 2 predetermined lighting settings,
       ``(ii) a setting that turns off all luminaires in an area, 
     and
       ``(iii) a recall of the settings described in clauses (i) 
     and (ii) for any luminaires or groups of luminaires to adjust 
     to multiple activities within the area.
       ``(I) Occupancy sensor.--The term `occupancy sensor' means 
     a control device that--
       ``(i) detects the presence or absence of individuals within 
     an area and regulates lighting, equipment, or appliances 
     according to a required sequence of operation,
       ``(ii) shuts off lighting when an area is unoccupied,
       ``(iii) except in areas designated as emergency egress and 
     using less than 0.2 watts per square foot of floor area, 
     provides for manual shut-off of all luminaires regardless of 
     the status of the sensor and allows for--

       ``(I) independent control in each area enclosed by ceiling-
     height partitions,
       ``(II) controls that are readily accessible, and
       ``(III) operation by a manual switch that is located in the 
     same area as the lighting that is subject to the control 
     device.

       ``(J) Standard 90.1-2010.--The term `Standard 90.1-2010' 
     means Standard 90.1-2010 of the American Society of Heating, 
     Refrigerating, and Air Conditioning Engineers and the 
     Illuminating Engineering Society of North America.
       ``(K) Step dimming.--The term `step dimming' means a 
     lighting control strategy that adjusts the light output of a 
     lighting system by 1 or more predetermined amounts of greater 
     than 1 percent of full output in a manner that may be 
     perceptible.
       ``(L) Time scheduling control.--The term `time scheduling 
     control' means a control strategy that automatically controls 
     lighting, equipment, or systems based on a particular time of 
     day or other daily event (including sunrise and sunset).''.
       (h) Treatment of Lighting Systems.--Section 179D(c)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``interior'' each place it appears.
       (i) Reporting Program.--Section 179D of the Internal 
     Revenue Code of 1986, as amended by subsection (c)(1), is 
     amended by adding at the end the following new subsection:
       ``(i) Reporting Program.--For purposes of the report 
     required under section 179F(l), the Secretary, in 
     consultation with the Secretary of Energy, shall--
       ``(1) develop a program to collect a statistically valid 
     sample of energy consumption data from taxpayers that 
     received full deductions under this section, regardless of 
     whether such taxpayers allocated all or a portion of such 
     deduction, and
       ``(2) include such data in the report, with such redactions 
     as deemed necessary to protect the personally identifiable 
     information of such taxpayers.''.
       (j) Special Rule for Partnerships and S Corporations.--
     Section 179D of the Internal Revenue Code of 1986, as amended 
     by subsection (i), is amended by adding at the end the 
     following new subsection:
       ``(j) Special Rule for Partnerships and S Corporations.--In 
     the case of a partnership or S corporation, this section 
     shall be applied at the partner or shareholder level, subject 
     to such reporting requirements as are determined appropriate 
     by the Secretary.''.
       (k) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after the date of the enactment of this Act.

     SEC. 10__. DEDUCTION FOR RETROFITS OF EXISTING COMMERCIAL AND 
                   MULTIFAMILY BUILDINGS.

       (a) In General.--Part VI of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after section 179E the following new section:

[[Page S395]]

  


     ``SEC. 179F. DEDUCTION FOR RETROFITS OF EXISTING COMMERCIAL 
                   AND MULTIFAMILY BUILDINGS.

       ``(a) Allowance of Deduction.--
       ``(1) In general.--With respect to each certified retrofit 
     plan, there shall be allowed as a deduction an amount equal 
     to the lesser of--
       ``(A) the sum of--
       ``(i) the design deduction, and
       ``(ii) the realized deduction, or
       ``(B) the total cost to develop and implement such 
     certified retrofit plan.
       ``(2) Exception.--For purposes of the amount described in 
     paragraph (1)(B), if such amount is taken as a design 
     deduction, no realized deduction shall be allowed.
       ``(b) Deduction Amounts.--For purposes of this section--
       ``(1) Design deduction.--A design deduction shall be--
       ``(A) based on projected source energy savings as 
     calculated in accordance with subsection (c)(3)(B),
       ``(B) correlated to the percent of source energy savings 
     set forth in the general scale in paragraph (3)(A) that a 
     certified retrofit plan is projected to achieve when energy-
     efficient measures are placed in service, and
       ``(C) equal to 60 percent of the amount allowed under the 
     general scale.
       ``(2) Realized deduction.--
       ``(A) In general.--A realized deduction shall be--
       ``(i) based on realized source energy savings as calculated 
     in accordance with subsection (c)(3)(C),
       ``(ii) correlated to the percent of source energy savings 
     set forth in the general scale in paragraph (3)(A) as 
     realized by a certified retrofit plan, and
       ``(iii) equal to 40 percent of the amount allowed under the 
     general scale.
       ``(B) Adjustment of source energy savings.--The percent of 
     source energy savings for purposes of any realized deduction 
     may vary from such savings projected when energy-efficient 
     measures were placed in service for purposes of a design 
     deduction under paragraph (1).
       ``(C) No recapture of design deduction.--Notwithstanding 
     the regulations prescribed under subsection (f), no recapture 
     of a design deduction shall be required where the owner of 
     the commercial or multifamily building--
       ``(i) claims or allocates a design deduction when energy-
     efficient measures are placed into service pursuant to the 
     terms and conditions of a certified retrofit plan, and
       ``(ii) is not eligible for or does not subsequently claim 
     or allocate a realized deduction.
       ``(3) General scale.--
       ``(A) In general.--The scale for deductions allowed under 
     this section shall be--
       ``(i) $1.00 per square foot of retrofit floor area for 20 
     to 24 percent source energy savings,
       ``(ii) $1.50 per square foot of retrofit floor area for 25 
     to 29 percent source energy savings,
       ``(iii) $2.00 per square foot of retrofit floor area for 30 
     to 34 percent source energy savings,
       ``(iv) $2.50 per square foot of retrofit floor area for 35 
     to 39 percent source energy savings,
       ``(v) $3.00 per square foot of retrofit floor area for 40 
     to 44 percent source energy savings,
       ``(vi) $3.50 per square foot of retrofit floor area for 45 
     to 49 percent source energy savings, and
       ``(vii) $4.00 per square foot of retrofit floor area for 50 
     percent or more source energy savings.
       ``(B) Historic buildings.--
       ``(i) In general.--With respect to energy-efficient 
     measures placed in service as part of a certified retrofit 
     plan in a commercial building or multifamily building on or 
     eligible for the National Register of Historic Places, the 
     respective dollar amounts set forth in the general scale 
     under subparagraph (A) shall--

       ``(I) each be increased by 20 percent, for the purposes of 
     calculating any applicable design deduction and realized 
     deduction, and
       ``(II) not exceed the total cost to develop and implement 
     such certified retrofit plan.

       ``(ii) Exception.--If the amount described in clause 
     (i)(II) is taken as a design deduction, then no realized 
     deduction shall be allowed.
       ``(c) Calculation of Energy Savings.--
       ``(1) In general.--For purposes of the design deduction and 
     the realized deduction, source energy savings shall be 
     calculated with reference to a baseline of the annual source 
     energy consumption of the commercial or multifamily building 
     before energy-efficient measures were placed in service.
       ``(2) Baseline benchmark.--The baseline under paragraph (1) 
     shall be determined using a building energy performance 
     benchmarking tool designated by the Administrator of the 
     Environmental Protection Agency, and based upon 1 year of 
     source energy consumption data prior to the date upon which 
     the energy-efficient measures are placed in service.
       ``(3) Design and realized source energy savings.--
       ``(A) In general.--In certifying a retrofit plan as a 
     certified retrofit plan, a licensed engineer or architect 
     shall calculate source energy savings by utilizing the 
     baseline benchmark defined in paragraph (2) and determining 
     percent improvements from such baseline.
       ``(B) Design deduction.--For purposes of claiming a design 
     deduction, the regulations issued under subsection (f)(1) 
     shall prescribe the standards and process for a licensed 
     engineer or architect to calculate and certify source energy 
     savings projected from the design of a certified retrofit 
     plan as of the date energy-efficient measures are placed in 
     service.
       ``(C) Realized deduction.--For purposes of claiming a 
     realized deduction, a licensed engineer or architect shall 
     calculate and certify source energy savings realized by a 
     certified retrofit plan 2 years after a design deduction is 
     allowed by utilizing energy consumption data after energy-
     efficient measures are placed in service, and adjusting for 
     climate, building occupancy hours, density, or other factors 
     deemed appropriate in the benchmarking tool designated under 
     paragraph (2).
       ``(d) Certified Retrofit Plan and Other Definitions.--For 
     purposes of this section--
       ``(1) Certified retrofit plan.--The term `certified 
     retrofit plan' means a plan that--
       ``(A) is designed to reduce the annual source energy costs 
     of a commercial building, or a multifamily building, through 
     the installation of energy-efficient measures,
       ``(B) is certified under penalty of perjury by a licensed 
     engineer or architect, who is not a direct employee of the 
     owner of the commercial building or multifamily building that 
     is the subject of the plan, and is licensed in the State in 
     which such building is located,
       ``(C) describes the square footage of retrofit floor area 
     covered by such a plan,
       ``(D) specifies that it is designed to achieve a final 
     source energy usage intensity after energy-efficient measures 
     are placed in service in a commercial building or a 
     multifamily building that does not exceed on a square foot 
     basis the average level of energy usage intensity of other 
     similar buildings, as described in paragraph (2),
       ``(E) requires that after the energy-efficient measures are 
     placed in service, the commercial building or multifamily 
     building meets the applicable State and local building code 
     requirements for the area in which such building is located,
       ``(F) satisfies the regulations prescribed under subsection 
     (f), and
       ``(G) is submitted to the Secretary of Energy after energy-
     efficient measures are placed in service, for the purpose of 
     informing the report to Congress required by subsection (l).
       ``(2) Average level of energy usage intensity.--
       ``(A) In general.--The maximum average level of energy 
     usage intensity under paragraph (1)(D) shall not exceed 
     300,000 British thermal units per square foot.
       ``(B) Regulations.--
       ``(i) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     develop distinct standards for categories and subcategories 
     of buildings with respect to maximum average level of energy 
     usage intensity based on the best available information used 
     by the ENERGY STAR program.
       ``(ii) Review.--The standards developed pursuant to clause 
     (i) shall be reviewed and updated by the Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, not later than every 3 years.
       ``(3) Commercial building.--
       ``(A) In general.--The term `commercial building' means a 
     building located in the United States--
       ``(i) that is in existence and occupied on the date of the 
     enactment of this section,
       ``(ii) for which a certificate of occupancy has been issued 
     at least 10 years before energy efficiency measures are 
     placed in service, and
       ``(iii) with a primary use or purpose other than as 
     residential housing.
       ``(B) Shopping centers.--In the case of a retail shopping 
     center, the term `commercial building' shall include an area 
     within such building that is--
       ``(i) 50,000 square feet or larger that is covered by a 
     separate utility grade meter to record energy consumption in 
     such area, and
       ``(ii) under the day-to-day management and operation of--

       ``(I) the owner of such building as common space areas, or
       ``(II) a retail tenant, lessee, or other occupant.

       ``(4) Energy-efficient measures.--The term `energy-
     efficient measures' means a measure, or combination of 
     measures, placed in service through a certified retrofit 
     plan--
       ``(A) on or in a commercial building or multifamily 
     building,
       ``(B) as part of--
       ``(i) the lighting systems,
       ``(ii) the heating, cooling, ventilation, refrigeration, or 
     hot water systems,
       ``(iii) building transportation systems, such as elevators 
     and escalators,
       ``(iv) the building envelope, which may include an energy-
     efficient cool roof,
       ``(v) a continuous commissioning contract under the 
     supervision of a licensed engineer or architect, or
       ``(vi) building operations or monitoring systems, including 
     utility-grade meters and submeters, and
       ``(C) including equipment, materials, and systems within 
     subparagraph (B) with respect to which depreciation (or 
     amortization in lieu of depreciation) is allowed.
       ``(5) Energy savings.--The term `energy savings' means 
     source energy usage intensity reduced on a per square foot 
     basis

[[Page S396]]

     through design and implementation of a certified retrofit 
     plan.
       ``(6) Multifamily building.--The term `multifamily 
     building'--
       ``(A) means--
       ``(i) a structure of 5 or more dwelling units located in 
     the United States--

       ``(I) that is in existence and occupied on the date of the 
     enactment of this section,
       ``(II) for which a certificate of occupancy has been issued 
     at least 10 years before energy efficiency measures are 
     placed in service, and
       ``(III) with a primary use as residential housing, and

       ``(B) includes such buildings owned and operated as a 
     condominium, cooperative, or other common interest community.
       ``(7) Source energy.--The term `source energy' means the 
     total amount of raw fuel that is required to operate a 
     commercial building or multifamily building, and accounts for 
     losses that are incurred in the generation, storage, 
     transport, and delivery of fuel to such a building.
       ``(e) Timing of Claiming Deductions.--Deductions allowed 
     under this section may be claimed as follows:
       ``(1) Design deduction.--In the case of a design deduction, 
     in the taxable year that energy efficiency measures are 
     placed in service.
       ``(2) Realized deduction.--In the case of a realized 
     deduction, in the second taxable year following the taxable 
     year described in paragraph (1).
       ``(f) Regulations.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this section, and after notice and 
     opportunity for public comment, the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, shall 
     prescribe regulations--
       ``(A) for the manner and method for a licensed engineer or 
     architect to certify retrofit plans, model projected energy 
     savings, and calculate realized energy savings, and
       ``(B) notwithstanding subsection (b)(2)(C), to provide, as 
     appropriate, for a recapture of the deductions allowed under 
     this section if a retrofit plan is not fully implemented, or 
     a retrofit plan and energy savings are not certified or 
     verified in accordance with regulations prescribed under this 
     subsection.
       ``(2) Reliance on established protocols, etc.--To the 
     maximum extent practicable and available, such regulations 
     shall rely upon established protocols and documents used in 
     the ENERGY STAR program, and industry best practices and 
     existing guidelines, such as the Building Energy Modeling 
     Guidelines of the Commercial Energy Services Network 
     (COMNET).
       ``(3) Allowance of deductions pending issuance of 
     regulations.--Pending issuance of the regulations under 
     paragraph (1), the owner of a commercial building or a 
     multifamily building shall be allowed to claim or allocate a 
     deduction allowed under this section.
       ``(g) Notice to Owner.--Each certification of a retrofit 
     plan and calculation of energy savings required under this 
     section shall include an explanation to the owner of a 
     commercial building or a multifamily building regarding the 
     energy-efficient measures placed in service and their 
     projected and realized annual energy costs.
       ``(h) Allocation of Deduction.--
       ``(1) 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, shall promulgate a 
     regulation to allow the owner of a commercial building or a 
     multifamily building, including a government, tribal, or non-
     profit owner, to allocate any deduction allowed under this 
     section, or a portion thereof, to the person primarily 
     responsible for funding, financing, designing, leasing, 
     operating, or placing in service energy-efficient measures. 
     Such person shall be treated as the taxpayer for purposes of 
     this section and shall include a building tenant, financier, 
     architect, professional engineer, licensed contractor, energy 
     services company, or other building professional.
       ``(2) Form of allocation.--An allocation made under this 
     paragraph shall be in writing and in a form that meets the 
     form of allocation requirements in Notice 2008-40 of the 
     Internal Revenue Service.
       ``(3) Provision of allocation.--Not later than 30 days 
     after receipt of a written request from a person eligible to 
     receive an allocation under this paragraph, the owner of a 
     building that makes an allocation under this paragraph shall 
     provide the form of allocation (as described in paragraph 
     (2)) to such person.
       ``(4) Allocation from public owner of building.--In the 
     case of a commercial building or a multifamily building that 
     is owned by a Federal, State, or local government or a 
     subdivision thereof, Notice 2006-52 of the Internal Revenue 
     Service, as amplified by Notice 2008-40, shall apply to any 
     allocation.
       ``(i) Basis Reduction.--For purposes of this subtitle, if a 
     deduction is allowed under this section with respect to any 
     energy-efficient measures placed in service under a certified 
     retrofit plan other than in a qualified low-income building 
     (within the meaning of section 42), the basis of such 
     measures shall be reduced by the amount of the deduction so 
     allowed or so allocated.
       ``(j) Special Rule for Partnerships and S Corporations.--In 
     the case of a partnership or S corporation, this section 
     shall be applied at the partner or shareholder level, subject 
     to such reporting requirements as are determined appropriate 
     by the Secretary.
       ``(k) Tax Incentives Not Available.--
       ``(1) Energy efficient commercial buildings deduction.--
     Energy-efficient measures for which a deduction is allowed 
     under this section shall not be eligible for a deduction 
     under section 179D.
       ``(2) New energy efficient home credit.--No deduction shall 
     be allowed under this section with respect to any building or 
     dwelling unit with respect to which a credit under section 
     45L was allowed.
       ``(l) Report to Congress.--
       ``(1) In general.--Biennially, beginning with the first 
     year after the enactment of this section, the Secretary, in 
     conjunction with the Secretary of Energy, shall submit a 
     report to Congress that--
       ``(A) explains the energy saved, the energy-efficient 
     measures implemented, the realization of energy savings 
     projected, and records the amounts and types of deductions 
     allowed under this section,
       ``(B) explains the energy saved, the energy efficient 
     measures implemented, and records the amount of deductions 
     allowed under section 179D, based on the data collected 
     pursuant to subsection (i) of such section,
       ``(C) determines the number of jobs created as a result of 
     the deduction allowed under this section,
       ``(D) determines how the use of any deduction allowed under 
     this section may be improved, based on the information 
     provided to the Secretary of Energy,
       ``(E) provides aggregated data with respect to the 
     information described in subparagraphs (A) through (D), and
       ``(F) provides statutory recommendations to Congress that 
     would reduce energy consumption in new and existing 
     commercial buildings located in the United States, including 
     recommendations on providing energy-efficient tax incentives 
     for subsections of buildings that operate with specific 
     utility-grade metering.
       ``(2) Protection of taxpayer information.--The Secretary 
     and the Secretary of Energy shall share information on 
     deductions allowed under this section and related reports 
     submitted, as requested by each agency to fulfill its 
     obligations under this section, with such redactions as 
     deemed necessary to protect the personally identifiable 
     financial information of a taxpayer.
       ``(3) Incorporation into department of energy programs.--
     The Secretary of Energy shall, to the maximum extent 
     practicable, incorporate conclusions of the report under this 
     subsection into current Department of Energy building 
     performance and energy efficiency data collection and other 
     reporting programs.''.
       (b) Effect on Depreciation on Earnings and Profits.--
     Subparagraph (B) of section 312(k)(3) of the Internal Revenue 
     Code of 1986, as amended by this Act, is amended--
       (1) by striking ``or 179E'' both places it appears in 
     clause (i) and inserting ``179E, or 179F'',
       (2) by striking ``or 179e'' in the heading and inserting 
     ``179e, or 179f'', and
       (3) by inserting ``or 179F'' after ``section 179D'' in 
     clause (ii)(I).
       (c) Conforming Amendment.--The table of sections for part 
     VI of subchapter B of chapter 1 of the Internal Revenue Code 
     of 1986 is amended by inserting after the item relating to 
     section 179E the following new item:

``Sec. 179F. Deduction for retrofits of existing commercial and 
              multifamily buildings.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 3133. Ms. HIRONO submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 300, line 18, insert ``, awarded in a manner that 
     provides a preference to students who are veterans'' before 
     the semicolon at the end.
                                 ______
                                 
  SA 3134. Mr. COONS (for himself, Mr. Reed, Mrs. Shaheen, and Ms. 
Collins) submitted an amendment intended to be proposed to amendment SA 
2953 proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 67, lines 3 and 4, strike ``not less than''.
                                 ______
                                 
  SA 3135. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title III, add the following:

                Subtitle I--Purchase Power Drought Fund

     SEC. 3801. ESTABLISHMENT OF PURCHASE POWER DROUGHT FUND.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Southwestern Power Administration.

[[Page S397]]

       (2) Fund.--The term ``Fund'' means the Purchase Power 
     Drought Fund established under subsection (c).
       (3) Purchase power drought adder.--The term ``purchase 
     power drought adder'' means the special rate component 
     assessed under subsection (b)(1).
       (b) Special Rate Component.--
       (1) In general.--Notwithstanding section 3302 of title 31, 
     United States Code, the Administrator may assess a special 
     rate component to be known as a ``purchase power drought 
     adder'' independent of and in addition to other existing rate 
     components.
       (2) Collection of amounts.--The Administrator shall--
       (A) collect amounts from the purchase power drought adder 
     in advance of need; and
       (B) deposit those amounts in the Fund for use in accordance 
     with subsection (c)(1).
       (3) Limitation.--The purchase power drought adder shall not 
     be used to offset or displace other charges made in the 
     normal course of the rate setting process of the Southwestern 
     Power Administration.
       (c) Establishment of Fund.--
       (1) In general.--The Secretary of the Treasury shall 
     establish in the Treasury of the United States a separate 
     fund to be known as the ``Purchase Power Drought Fund'', from 
     which the Administrator may use amounts during extended 
     below-average water conditions--
       (A) for necessary expenses of the Southwestern Power 
     Administration for purchase power and wheeling; and
       (B) to minimize the use, during those conditions, of the 
     continuing fund established by the matter under the heading 
     ``Office of the Secretary'' in title I of the Interior 
     Department Appropriation Act, 1950 (16 U.S.C. 825s-1).
       (2) Deposits.--The Administrator shall deposit in the Fund 
     the amounts collected from the assessment of the purchase 
     power drought adder under subsection (b) and such amounts 
     shall be available to the Administrator without further 
     appropriation or fiscal year limitation.
       (3) Limitation.--The Administrator shall expend from the 
     Fund only those amounts collected and deposited in advance.
                                 ______
                                 
  SA 3136. Mr. MENENDEZ (for himself, Ms. Collins, and Ms. Klobuchar) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. SPECIAL RULE FOR CERTAIN FACILITIES.

       (a) In General.--Section 45(e) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     paragraph:
       ``(12) Special rule for certain qualified facilities.--
       ``(A) In general.--In the case of electricity produced at a 
     qualified facility described in paragraph (3) or (7) of 
     subsection (d) and placed in service before the date of the 
     enactment of this paragraph, a taxpayer may elect to apply 
     subsection (a)(2)(A)(ii) by substituting `the period 
     beginning after December 31, 2016, and ending before January 
     1, 2018' for `the 10-year period beginning on the date the 
     facility was originally placed in service'.
       ``(B) Limitation.--No credit shall be allowed under 
     subsection (a) to any taxpayer making an election under this 
     paragraph with respect to electricity produced and sold at a 
     facility during any period which, when aggregated with all 
     other periods for which a credit is allowed under this 
     section with respect to electricity produced and sold at such 
     facility, is in excess of 10 years.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on January 1, 2017.
                                 ______
                                 
  SA 3137. Mr. UDALL (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 302, strike lines 6 through 9 and insert the 
     following:
       (2) Secretarial order not affected.--This subtitle shall 
     not apply to any mineral described in Secretarial Order No. 
     3324, issued by the Secretary of the Interior on December 3, 
     2012, in any area to which the order applies.
                                 ______
                                 
  SA 3138. Mrs. SHAHEEN (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                        TITLE VI--MISCELLANEOUS

     SEC. 6001. NATIONAL RECREATIONAL PASSES FOR DISABLED 
                   VETERANS.

       Section 805(b) of the Federal Lands Recreation Enhancement 
     Act (16 U.S.C. 6804(b)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Disability discount.--The Secretary shall make the 
     National Parks and Federal Recreational Lands Pass available, 
     without charge and for the lifetime of the passholder, to the 
     following:
       ``(A) Any United States citizen or person domiciled in the 
     United States who has been medically determined to be 
     permanently disabled for purposes of section 7(20)(B)(i) of 
     the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if 
     the citizen or person provides adequate proof of the 
     disability and such citizenship or residency.
       ``(B) Any veteran with a service-connected disability, as 
     defined in section 101 of title 38, United States Code.''; 
     and
       (2) by adding at the end the following:
       ``(3) Adjustment of entrance fees.--The Secretary shall 
     adjust entrance fees applicable to individuals that are not 
     holders of a pass made available under paragraph (2)(B) in a 
     manner so as to maintain total receipts.''.
                                 ______
                                 
  SA 3139. Mr. COATS (for himself, Mr. Manchin, and Mrs. Capito) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title IV, add the following:

     SEC. 44__. ENSURING SCIENTIFIC TRANSPARENCY IN THE 
                   DEVELOPMENT OF ENVIRONMENTAL REGULATIONS.

       (a) Publication of Scientific Products for Rules and 
     Related Environmental Impact Statements, Environmental 
     Assessments, and Economic Assessments.--
       (1) In general.--Title V of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1251 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 530. PUBLICATION OF SCIENTIFIC PRODUCTS FOR RULES AND 
                   RELATED ENVIRONMENTAL IMPACT STATEMENTS, 
                   ENVIRONMENTAL ASSESSMENTS, AND ECONOMIC 
                   ASSESSMENTS.

       ``(a) Definitions.--In this section:
       ``(1) Agency action.--The term `agency action' has the 
     meaning given the term in section 551 of title 5, United 
     States Code.
       ``(2) Background information.--The term `background 
     information' means--
       ``(A) a biographical document, including a curriculum vitae 
     or resume, that details the exhaustive, professional work 
     history, education, and any professional memberships of a 
     person; and
       ``(B) the amount and date of any Federal grants or 
     contracts received by that person.
       ``(3) Economic assessment.--The term `economic assessment' 
     means any assessment prepared by a Federal agency in 
     accordance with section 6(a)(3)(C) of Executive Order 12866 
     (5 U.S.C. 601 note; relating to regulatory planning and 
     review).
       ``(4) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.9 
     of title 40, Code of Federal Regulations.
       ``(5) Environmental impact statement.--The term 
     `environmental impact statement' means any environmental 
     impact statement or similar analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(6) Publicly available.--The term `publicly available' 
     means published online on--
       ``(A) a publicly accessible website that allows the 
     submission of comments on proposed regulations and related 
     documents published by the Federal Government;
       ``(B) a publicly accessible website of the Secretary; and
       ``(C) the website of the Federal Register.
       ``(7) Raw data.--The term `raw data' means any 
     computational process or quantitative or qualitative data 
     processed from a source that is relied upon in a scientific 
     product to support a finding or observation.
       ``(8) Relied upon.--The term `relied upon' means explicitly 
     cited or referenced in a rule, environmental impact 
     statement, environmental assessment, or economic assessment.
       ``(9) Rule.--The term `rule' has the meaning given the term 
     in section 551 of title 5, United States Code.
       ``(10) Scientific method.--The term `scientific method' 
     means a method of research under which--
       ``(A) a problem is identified;
       ``(B) relevant data are gathered;
       ``(C) a hypothesis is formulated from the data; and
       ``(D) the hypothesis is empirically tested in a manner 
     specified by documented protocols and procedures.
       ``(11) Scientific product.--The term `scientific product' 
     means any product that--
       ``(A) employs the scientific method for inventorying, 
     monitoring, experimenting, studying, researching, and 
     modeling purposes;
       ``(B) is relied upon by the Secretary in development of any 
     rule, environmental impact statement, environmental 
     assessment, or economic assessment; and
       ``(C) is not protected under copyright laws.
       ``(b) Requirements.--The Secretary shall--
       ``(1) make publicly available on the date of the 
     publication of any draft, final, emergency, or supplemental 
     rule under this Act,

[[Page S398]]

     or any related environmental impact statement, environmental 
     assessment, or economic assessment, each scientific product 
     the Secretary relied upon in developing the rule, 
     environmental impact statement, environmental assessment, or 
     economic assessment; and
       ``(2) for those scientific products receiving Federal 
     funds, also make publicly available--
       ``(A) the raw data used for the federally funded scientific 
     product; and
       ``(B) background information of the authors of the 
     scientific study.
       ``(c) Compliance.--
       ``(1) In general.--Subject to paragraph (2), failure to 
     comply with the publication requirements of subsection (b)--
       ``(A) with respect to draft or supplemental rules, 
     environmental impact statements, environmental assessments, 
     or economic assessments shall extend by 1 day the notice and 
     comment period for each day of noncompliance; or
       ``(B) with respect to final or emergency rules, shall delay 
     the effective date of the final rule by 60 days plus an 
     additional day for each day of noncompliance.
       ``(2) Withdrawal.--If the Secretary fails to comply with 
     the publication requirements of subsection (b) for more than 
     180 days after the date of publication of any rule, or any 
     related environmental impact statement, environmental 
     assessment, or economic assessment, under this Act, the 
     Secretary shall withdraw the rule, environmental impact 
     statement, environmental assessment, or economic 
     assessment.''.
       (2) Conforming amendment.--The table of contents for the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1201 et seq.) is amended by inserting after the item relating 
     to section 529 the following:

``Sec. 530. Publication of scientific products for rules and related 
              environmental impact statements, environmental 
              assessments, and economic assessments.''.

       (b) Compliance With Other Federal Laws.--Section 702 of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1292) is amended--
       (1) by redesignating subsections (c) and (d) as subsection 
     (e) and (f), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Compliance With Other Federal Laws.--Nothing in this 
     Act authorizes the Secretary to take any action by rule, 
     interpretive rule, policy, regulation, notice, or order that 
     duplicates any action taken under an Act referred to in 
     subsection (a) (including regulations and rules).
       ``(d) Deference to Implementing Agencies and State 
     Authorities.--In carrying out this Act (including rules, 
     interpretive rules, policies, regulations, notices, or 
     orders), the Secretary--
       ``(1) shall defer to the determinations of an agency or 
     State authority implementing an Act referred to in subsection 
     (a) with respect to any agency action under the jurisdiction 
     of the agency or State authority, as applicable; and
       ``(2) shall not make any determination regarding any agency 
     action subject to an Act referred to in subsection (a).''.
                                 ______
                                 
  SA 3140. Ms. COLLINS (for herself, Ms. Klobuchar, and Mr. King) 
submitted an amendment intended to be proposed to amendment SA 2953 
proposed by Ms. Murkowski to the bill S. 2012, to provide for the 
modernization of the energy policy of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of part IV of subtitle A of title III, add the 
     following:

     SEC. 30__. POLICIES RELATING TO BIOMASS ENERGY.

       To support the key role that forests in the United States 
     can play in addressing the energy needs of the United States, 
     the Secretary, the Secretary of Agriculture, and the 
     Administrator of the Environmental Protection Agency shall 
     jointly--
       (1) ensure that Federal policy relating to forest 
     bioenergy--
       (A) is consistent across all Federal departments and 
     agencies; and
       (B) recognizes the full benefits of the use of forest 
     biomass for energy, conservation, and responsible forest 
     management; and
       (2) establish clear and simple policies for the use of 
     biomass as an energy solution, including policies that--
       (A) reflect the carbon-neutrality of forest bioenergy;
       (B) recognize biomass as a renewable energy source;
       (C) encourage private investment throughout the biomass 
     supply chain, including in--
       (i) working forests;
       (ii) harvesting operations;
       (iii) forest improvement operations;
       (iv) bioenergy;
       (v) wood products; and
       (vi) paper manufacturing;
       (D) encourage forest management to improve forest health; 
     and
       (E) recognize State initiatives to use biomass.
                                 ______
                                 
  SA 3141. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title III, add the following:

                        Subtitle I--Wind Energy

     SEC. 3801. INTERAGENCY RAPID RESPONSE TEAM FOR WIND ENERGY.

       (a) Establishment.--There is established an interagency 
     rapid response team, to be known as the ``Interagency Rapid 
     Response Team for Wind Energy'' (referred to in this section 
     as the ``Team''), to expedite and improve the permitting 
     process for wind generation on Federal land and non-Federal 
     land.
       (b) Membership.--The Team shall be comprised of 
     representatives from--
       (1) the Department;
       (2) the Federal Energy Regulatory Commission;
       (3) the Department of the Interior;
       (4) the Department of Defense;
       (5) the Department of Agriculture;
       (6) the Department of Commerce;
       (7) the Environmental Protection Agency;
       (8) the Advisory Council on Historic Preservation;
       (9) the Federal Aviation Administration; and
       (10) the Council on Environmental Quality.
       (c) Duties.--The Team shall--
       (1) establish clear timelines for the review of projects;
       (2) facilitate coordination and unified environmental 
     documentation among wind project applicants, Federal 
     agencies, States, and Indian tribes involved in the siting 
     and permitting processes; and
       (3) regularly notify all participating members of the Team 
     involved in any specific permit of--
       (A) any outstanding agency action that is required with 
     respect to the permit; and
       (B) any approval or required comment that has exceeded 
     statutory or agency timelines for completion, including an 
     identification of any Federal agency, department, or field 
     office that has not met the applicable timeline.
       (d) Point of Contact.--The Federal Energy Regulatory 
     Commission shall provide a unified point of contact for--
       (1) resolving interagency or intraagency issues or delays 
     with respect to wind permitting; and
       (2) receiving and resolving complaints from parties with 
     outstanding or in-process applications relating to wind 
     permitting.
                                 ______
                                 
  SA 3142. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 253, strike lines 21 through 25 and insert the 
     following:
       Defense;
       ``(10) to identify and support opportunities to pair 
     hydrokinetic generation with existing hydroelectric dam 
     facilities operated by the Corps of Engineers; and
       ``(11) to support in-water technology development with 
     international partners using existing cooperative procedures 
     (including memoranda of understanding)--

                          ____________________