[Congressional Record (Bound Edition), Volume 159 (2013), Part 9]
[Senate]
[Pages 13521-13540]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1887. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4____. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
                   INCENTIVE PROGRAM.

       (a) In General.--Section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013) is repealed.
       (b) Effect of Repeal.--The repeal under subsection (a) 
     shall not affect any incentive, loan, or other assistance 
     provided under section 136 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17013) on or before January 
     1, 2013.
                                 ______
                                 
  SA 1888. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4___. PROHIBITION ON COLLECTION AND DISBURSEMENT OF 
                   AGRICULTURAL PRODUCER PERSONAL INFORMATION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the Environmental Protection Agency 
     shall not establish any searchable online database of the 
     personal information of any owner, operator, or employee of a 
     livestock or farming operation.
       (b) Inclusions.--For purposes of subsection (a), personal 
     information includes--
       (1) names of the owners, operators, or employees or of 
     family members of the owners, operators, or employees;
       (2) telephone numbers;
       (3) email addresses;
       (4) physical or mailing addresses;
       (5) number of livestock;
       (6) Global Positioning System coordinates; or
       (7) other personal information regarding the owners, 
     operators, or employees.
       (c) FOIA.--
       (1) In general.--Personal information described in 
     subsection (b) shall be exempt from disclosure under section 
     552 of title 5, United States Code.
       (2) Applicability.--For purposes of paragraph (1), this 
     section shall be considered a statute described in section 
     552(b)(3)(B) of title 5, United States Code.
                                 ______
                                 
  SA 1889. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. STUDY OF REGULATIONS THAT LIMIT GREENHOUSE GAS 
                   EMISSIONS FROM EXISTING POWER PLANTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the effect that regulations 
     limiting greenhouse gas emissions from existing power plants 
     would have on jobs and energy prices.
       (b) Determination.--If, based on the study conducted under 
     subsection (a), the Secretary of Energy determines that the 
     regulations described in that subsection would directly or 
     indirectly destroy jobs or raise energy prices, the 
     Administrator of the Environmental Protection Agency shall 
     not finalize the regulations.
                                 ______
                                 
  SA 1890. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. STUDY OF EFFECT OF TIER 3 MOTOR VEHICLE EMISSION 
                   AND FUEL STANDARD.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the effect that the Tier 3 
     motor vehicle emission and fuel standard would have on the 
     price of gasoline.
       (b) Determination.--If, based on the study conducted under 
     subsection (a), the Secretary of Energy determines that the 
     Tier 3 motor vehicle emission and fuel standard would result 
     in an increase in the price of gasoline, the Administrator of 
     the Environmental Protection Agency shall not finalize the 
     standard.
                                 ______
                                 
  SA 1891. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. CONGRESSIONAL APPROVAL OF EPA REGULATIONS WITH HIGH 
                   COMPLIANCE COSTS.

       Notwithstanding any other provision of law, if the cost of 
     compliance with a regulation of the Administrator of the 
     Environmental Protection Agency exceeds $1,000,000,000, the 
     regulation shall not take effect unless Congress enacts a law 
     that approves the regulation.
                                 ______
                                 
  SA 1892. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following

     SEC. 4___. DOMESTIC OIL AND NATURAL GAS PRODUCTION GOAL.

       (a) In General.--In developing an onshore and offshore oil 
     and gas leasing program for the Department of the Interior, 
     subject to paragraph (2), the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') shall 
     determine a domestic strategic production goal for the 
     development of oil and natural gas from Federal onshore and 
     offshore areas, which goal shall be--
       (1) the best estimate of the practicable increase in 
     domestic production of oil and natural gas from the outer 
     Continental Shelf and Federal onshore areas; and
       (2) focused on--
       (A) meeting domestic demand for oil and natural gas;
       (B) reducing the dependence of the United States on foreign 
     energy; and
       (C) the production increases achieved by the leasing 
     program at the end of each of the 15- and 30-year periods 
     beginning on the effective date of the program.
       (b) Program Goal.--For purposes of the onshore and offshore 
     oil and gas leasing program of the Department of the 
     Interior, the production goal determined under subsection (a) 
     shall be an increase by January 1, 2032, of the greater of--
       (1)(A) not less than 3,000,000 barrels in the quantity of 
     oil produced per day; and
       (B) not less than 10,000,000,000 cubic feet in the quantity 
     of natural gas produced per day; or
       (2) not less than the projected 30-year percentage increase 
     in the production of oil and natural gas from non-Federal 
     areas, as determined by the Energy Information 
     Administration.
       (c) Report.--Beginning on the date that is 1 year after the 
     effective date of the onshore and offshore oil and gas 
     leasing program and annually thereafter, the Secretary shall 
     submit to the Committee on Natural Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the progress of the 
     program in meeting the production goal under subsection (a) 
     that includes an identification of projections for production 
     and any problems with leasing, permitting, or production that 
     will prevent meeting the goal.
                                 ______
                                 
  SA 1893. Mr. HELLER (for himself and Mr. Flake) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. ENERGY CONSUMERS RELIEF.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Covered energy-related rule.--The term ``covered 
     energy-related rule'' means a rule of the Environmental 
     Protection Agency that--
       (A) regulates any aspect of the production, supply, 
     distribution, or use of energy or provides for that 
     regulation by States or other governmental entities; and
       (B) is estimated by the Administrator or the Director of 
     the Office of Management and Budget to impose direct costs 
     and indirect costs, in the aggregate, of more than 
     $1,000,000,000.
       (3) Direct costs.--The term ``direct costs'' has the 
     meaning given the term in chapter 8 of the document of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.

[[Page 13522]]

       (4) Indirect costs.--The term ``indirect costs'' has the 
     meaning given the term in chapter 8 of the document of the 
     Environmental Protection Agency entitled ``Guidelines for 
     Preparing Economic Analyses'' and dated December 17, 2010.
       (5) Rule.--The term ``rule'' has the meaning given the term 
     in section 551 of title 5, United States Code.
       (b) Prohibition Against Finalizing Certain Energy-related 
     Rules That Will Cause Significant Adverse Effects to the 
     Economy.--Notwithstanding any other provision of law, the 
     Administrator shall not promulgate as final any covered 
     energy-related rule if the Secretary determines under 
     subsection (c)(4) that the rule will result in significant 
     adverse effects to the economy.
       (c) Reports and Determinations Prior to Promulgating as 
     Final Certain Energy-related Rules.--
       (1) In general.--Before promulgating as final any covered 
     energy-related rule, the Administrator shall carry out the 
     activities described in paragraphs (3) and (4).
       (2) Report to congress.--For each covered energy-related 
     rule, the Administrator shall submit to Congress a report 
     (and transmit a copy to the Secretary) containing--
       (A) a copy of the rule;
       (B) a concise general statement relating to the rule;
       (C) an estimate of the total costs of the rule, including 
     the direct costs and indirect costs of the rule;
       (D) an estimate of--
       (i) the total benefits of the rule; and
       (ii) when those benefits are expected to be realized;
       (E) a description of the modeling, the assumptions, and the 
     limitations due to uncertainty, speculation, or lack of 
     information associated with the estimates under subparagraph 
     (D);
       (F) an estimate of the increases in energy prices, 
     including potential increases in gasoline or electricity 
     prices for consumers, that may result from implementation or 
     enforcement of the rule; and
       (G) a detailed description of the employment effects, 
     including potential job losses and shifts in employment, that 
     may result from implementation or enforcement of the rule.
       (3) Initial determination on increases and impacts.--The 
     Secretary, in consultation with the Federal Energy Regulatory 
     Commission and the Administrator of the Energy Information 
     Administration, shall prepare an independent analysis to 
     determine whether the covered energy-related rule will 
     cause--
       (A) any increase in energy prices for consumers, including 
     low-income households, small businesses, and manufacturers;
       (B) any impact on fuel diversity of the electricity 
     generation portfolio of the United States or on national, 
     regional, or local electric reliability;
       (C) any adverse effect on energy supply, distribution, or 
     use due to the economic or technical infeasibility of 
     implementing the rule; or
       (D) any other adverse effect on energy supply, 
     distribution, or use (including a shortfall in supply and 
     increased use of foreign supplies).
       (4) Subsequent determination on adverse effects to the 
     economy.--If the Secretary determines, under paragraph (3), 
     that the rule will result in an increase, impact, or effect 
     described in that subsection, then the Secretary, in 
     consultation with the Administrator, the Secretary of 
     Commerce, the Secretary of Labor, and the Administrator of 
     the Small Business Administration, shall--
       (A) determine whether the rule will result in significant 
     adverse effects to the economy, taking into consideration--
       (i) the costs and benefits of the rule and limitations in 
     calculating those costs and benefits due to uncertainty, 
     speculation, or lack of information; and
       (ii) the positive and negative impacts of the rule on 
     economic indicators, including those related to gross 
     domestic product, unemployment, wages, consumer prices, and 
     business and manufacturing activity; and
       (B) publish the results of that determination in the 
     Federal Register.
                                 ______
                                 
  SA 1894. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4__. SENSE OF SENATE ON IMPLEMENTATION OF ENERGY SAVINGS 
                   PROJECTS.

       (a) Finding.--The Senate finds that performance-based 
     contracts for energy savings help Federal agencies meet 
     energy efficiency, renewable energy, water conservation, and 
     emission reductions goals.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the 2011 Presidential Memorandum regarding the 
     Implementation of Energy Savings Projects is an important 
     energy initiative of the Federal Government; and
       (2) Federal agencies are encouraged to meet the goals 
     described in the Memorandum through the continued 
     implementation of energy savings projects.
                                 ______
                                 
  SA 1895. Mr. WARNER (for himself, Mr. Manchin, and Mr. Tester) 
submitted an amendment intended to be proposed by him to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

          Subtitle B--State Energy Race to the Top Initiative

     SEC. 511. SHORT TITLE.

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

     SEC. 512. PURPOSE.

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

     SEC. 513. DEFINITIONS.

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

     SEC. 514. PHASE 1: INITIAL ALLOCATION OF GRANTS TO STATES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary shall issue an 
     invitation to States to submit plans to participate in an 
     electric and thermal energy productivity challenge in 
     accordance with this section.
       (b) Grants.--
       (1) In general.--Subject to section 517, the Secretary 
     shall use funds made available under section 518(b)(1) to 
     provide an initial allocation of grants to not more than 25 
     States.
       (2) Amount.--The amount of a grant provided to a State 
     under this section shall be not less than $1,000,000 nor more 
     than $3,500,000.
       (c) Submission of Plans.--To receive a grant under this 
     section, not later than 90 days after the date of issuance of 
     the invitation under subsection (a), a State (in consultation 
     with energy utilities, regulatory bodies, and others) shall 
     submit to the Secretary an application to receive the grant 
     by submitting a revised State energy conservation plan under 
     section 362 of the Energy Policy and Conservation Act (42 
     U.S.C. 6322).
       (d) Decision by Secretary.--
       (1) Basis.--The Secretary shall base the decision of the 
     Secretary on an application submitted under this section on--
       (A) plans for improvement in electric and thermal energy 
     productivity consistent with this subtitle; and
       (B) other factors determined appropriate by the Secretary, 
     including geographic diversity.
       (2) Ranking.--The Secretary shall--
       (A) rank revised plans submitted under this section in 
     order of the greatest to least likely contribution to 
     improving energy productivity in the State; and
       (B) provide grants under this section in accordance with 
     the ranking and the scale and scope of a plan.
       (e) Plan Requirements.--A plan submitted under subsection 
     (c) shall provide--
       (1) a description of the manner in which--
       (A) energy savings will be monitored and verified and 
     energy productivity improvements will be calculated using 
     inflation-adjusted dollars;
       (B) a statewide baseline of energy use and potential 
     resources for calendar year 2010 will be established to 
     measure improvements;
       (C) the plan will promote achievement of energy savings and 
     demand reduction goals;
       (D) public and private sector investments in energy 
     efficiency will be leveraged with available Federal funding; 
     and
       (E) the plan will not cause cost-shifting among utility 
     customer classes or negatively impact low-income populations; 
     and
       (2) an assurance that--
       (A) the State energy office required to submit the plan, 
     the energy utilities in the State participating in the plan, 
     and the State public service commission are cooperating and 
     coordinating programs and activities under this subtitle;
       (B) the State is cooperating with local units of 
     government, Indian tribes, and energy utilities to expand 
     programs as appropriate; and
       (C) grants provided under this subtitle will be used to 
     supplement and not supplant Federal, State, or ratepayer-
     funded programs or activities in existence on the date of 
     enactment of this subtitle.
       (f) Uses.--A State may use grants provided under this 
     section to promote--

[[Page 13523]]

       (1) the expansion of policies and programs that will 
     advance industrial energy efficiency, waste heat recovery, 
     combined heat and power, and waste heat-to-power utilization;
       (2) the expansion of policies and programs that will 
     advance energy efficiency construction and retrofits for 
     public and private commercial buildings (including schools, 
     hospitals, and residential buildings, including multifamily 
     buildings) such as through expanded energy service 
     performance contracts, equivalent utility energy service 
     contracts, zero net-energy buildings, and improved building 
     energy efficiency codes;
       (3) the establishment or expansion of incentives in the 
     electric utility sector to enhance demand response and energy 
     efficiency, including consideration of additional incentives 
     to promote the purposes of section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)), 
     such as appropriate, cost-effective policies regarding rate 
     structures, grid improvements, behavior change, combined heat 
     and power and waste heat-to-power incentives, financing of 
     energy efficiency programs, data use incentives, district 
     heating, and regular energy audits; and
       (4) leadership by example, in which State activities 
     involving both facilities and vehicle fleets can be a model 
     for other action to promote energy efficiency and can be 
     expanded with Federal grants provided under this subtitle.

     SEC. 515. PHASE 2: SUBSEQUENT ALLOCATION OF GRANTS TO STATES.

       (a) Reports.--Not later than 18 months after the receipt of 
     grants under section 514, each State (in consultation with 
     other parties described in subsection (b)(3)(F) that received 
     grants under section 514 may submit to the Secretary a report 
     that describes--
       (1) the performance of the programs and activities carried 
     out with the grants; and
       (2) in consultation with other parties described in 
     subsection (b)(3)(F), the manner in which additional funds 
     would be used to carry out programs and activities to promote 
     the purposes of this subtitle.
       (b) Grants.--
       (1) In general.--Not later than 180 days after the date of 
     the receipt of the reports required under subsection (a), 
     subject to section 517, the Secretary shall use amounts made 
     available under section 518(b)(2) to provide grants to not 
     more than 6 States to carry out the programs and activities 
     described in subsection (a)(2).
       (2) Amount.--The amount of a grant provided to a State 
     under this section shall be not more than $30,000,000.
       (3) Basis.--The Secretary shall base the decision of the 
     Secretary to provide grants under this section on--
       (A) the performance of the State in the programs and 
     activities carried out with grants provided under section 
     514;
       (B) the potential of the programs and activities described 
     in subsection (a)(2) to achieve the purposes of this 
     subtitle;
       (C) the desirability of maintaining a total project 
     portfolio that is geographically and functionally diverse;
       (D) the amount of non-Federal funds that are leveraged as a 
     result of the grants to ensure that Federal dollars are 
     leveraged effectively;
       (E) plans for continuation of the improvements after the 
     receipt of grants under this subtitle; and
       (F) demonstrated effort by the State to involve diverse 
     groups, including--
       (i) investor-owned, cooperative, and public power 
     utilities;
       (ii) local governments; and
       (iii) nonprofit organizations.

     SEC. 516. ALLOCATION OF GRANTS TO INDIAN TRIBES.

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

     SEC. 517. ADMINISTRATION.

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

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $200,000,000 for the period of fiscal 
     years 2014 through 2017.
       (b) Allocation.--Of the total amount of funds made 
     available under subsection (a)--
       (1) 30 percent shall be used to provide an initial 
     allocation of grants to States under section 514;
       (2) 61 percent shall be used to provide a subsequent 
     allocation of grants to States under section 515;
       (3) 4 percent shall be used to make grants to Indian tribes 
     under section 516; and
       (4) 5 percent shall be available to the Secretary for the 
     cost of administration and technical support to carry out 
     this subtitle.

     SEC. 519. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) (as amended by section 501) is 
     amended by striking paragraphs (5) and (6) and inserting the 
     following:
       ``(5) $80,000,000 for fiscal year 2014;
       ``(6) $50,000,000 for each of fiscal years 2015 through 
     2017; and
       ``(7) $200,000,000 for fiscal year 2018.''.
                                 ______
                                 
  SA 1896. Mr. FLAKE (for himself, Mr. Coburn, and Mr. Burr) submitted 
an amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DELAY IN APPLICATION OF PATIENT PROTECTION AND 
                   AFFORDABLE CARE ACT.

       (a) One-year Delay in PPACA Provisions Scheduled to Take 
     Effect on or After January 1, 2014.--Notwithstanding any 
     other provision of law, any provision of (including any 
     amendment made by) the Patient Protection and Affordable Care 
     Act (Public Law 111-148) or of title I or subtitle B of title 
     II of the Health Care and Education Reconciliation Act of 
     2011 (Public Law 111-152) that is otherwise scheduled to take 
     effect on or after January 1, 2014, shall not take effect 
     until the date that is one year after the date on which such 
     provision would otherwise have been scheduled to take effect.
       (b) One-year Suspension of Certain Tax Increases Already in 
     Effect.--Notwithstanding any other provision of law, in the 
     case of any tax which is imposed or increased by any 
     provision of (including any amendment made by) the Patient 
     Protection and Affordable Care Act (Public Law 111-148) or of 
     title I or subtitle B of title II of the Health Care and 
     Education Reconciliation Act of 2011 (Public Law 111-152), if 
     such tax or increase takes effect before January 1, 2014, 
     such tax or increase shall not apply during the 1-year period 
     beginning on such date.
                                 ______
                                 
  SA 1897. Mr. COBURN (for himself and Mr. Risch) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 48, strike lines 15 and 16 insert the following:
     fiscal year only--
       (1) to the extent and in the amount provided in advance in 
     appropriations Acts; and
       (2) if the Secretary of Energy complies with the 
     requirements for covered agencies under section 609(d) of 
     title 5, United States Code.
                                 ______
                                 
  SA 1898. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings

[[Page 13524]]

and industry, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 48, strike lines 15 and 16 insert the following:
     fiscal year only--
       (1) to the extent and in the amount provided in advance in 
     appropriations Acts; and
       (2) if the Secretary of Energy ensures that no employee 
     shall be compensated by the Department while performing 
     duties related to a labor organization or collective 
     bargaining that are otherwise authorized under section 7131 
     of title 5, United States Code.
                                 ______
                                 
  SA 1899. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY 
                   PRODUCERS.

       (a) In General.--Section 9010(b) of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Prohibition.--The Secretary shall not sell or 
     transfer any eligible commodity to a bioenergy producer under 
     this section unless the resale price of the eligible 
     commodity at the time of the sale and transfer is within 1 
     cent per pound of the loan rate for the eligible commodity 
     under section 156 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7272).''; and
       (2) in paragraph (4), by adding at the end the following:
       ``(D) Offset of costs.--The Secretary shall offset all 
     costs associated with the storage, transfer, and resale of 
     eligible commodities under this section through a penalty on 
     forfeited eligible commodities described in section 156(f)(3) 
     of the Federal Agriculture Improvement and Reform Act of 1996 
     (7 U.S.C. 7272(f)(3)).''.
       (b) Forfeiture Penalty.--Section 156(f) of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
     7272(f)) is amended by adding at the end the following:
       ``(3) Forfeiture penalty.--
       ``(A) In general.--To carry out paragraph (1), the 
     Secretary shall assess a penalty on the forfeiture of sugar 
     pledged as collateral under this section.
       ``(B) Requirements.--The Secretary shall set, and 
     subsequently periodically adjust, the penalty at levels 
     necessary to offset all costs to the Federal Government for 
     storing, transferring, and reselling forfeited sugar, 
     including potential resale losses to bioenergy producers 
     under section 9010 of the Farm Security and Rural Investment 
     Act of 2002 (7 U.S.C. 8110).''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective beginning with the 2014 crop year.
                                 ______
                                 
  SA 1900. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR 
                   BIOENERGY PRODUCERS.

       (a) In General.--Section 9010 of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
       (b) Conforming Amendments.--
       (1) Section 359a(3)(B) of the Agricultural Adjustment Act 
     of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' at the end and 
     inserting a period; and
       (C) by striking clause (iii).
       (2) Section 359b(c)(2)(C) of the Agricultural Adjustment 
     Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking 
     ``, except for'' and all that follows through ``of 2002''.
                                 ______
                                 
  SA 1901. Mr. BLUNT (for himself and Mr. Hoeven) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 56, between lines 9 and 10, insert the following:

     SEC. 5__. GAS ACCESSIBILITY AND STABILIZATION.

       (a) Expansion of Waiver Authority.--Section 211(c)(4)(C) of 
     the Clean Air Act (42 U.S.C. 7545(c)(4)(C)) is amended--
       (1) in clause (ii)(II), by inserting ``a problem with 
     distribution or delivery equipment that is necessary for the 
     transportation or delivery of fuel or fuel additives,'' after 
     ``equipment failure,'';
       (2) in clause (iii)(II), by inserting ``(except that the 
     Administrator may extend the effectiveness of a waiver for 
     more than 20 days if the Administrator determines that the 
     conditions under clause (ii) supporting a waiver 
     determination will exist for more than 20 days)'' before the 
     semicolon at the end;
       (3) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi); and
       (4) by adding at the end the following:
       ``(vii) Presumptive Approval.--Notwithstanding any other 
     provision of this subparagraph, if the Administrator does not 
     approve or deny a request for a waiver under this 
     subparagraph within 3 days after receipt of the request, the 
     request shall be considered to be approved as received by the 
     Administrator and the applicable fuel standards shall be 
     waived for the period of time requested.''.
       (b) Fuel System Requirements Harmonization Study.--Section 
     1509 of the Energy Policy Act of 2005 (Public Law 109-58; 119 
     Stat. 1083) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A), by inserting ``biofuels,'' after 
     ``oxygenated fuel,''; and
       (B) in paragraph (2)(G), by striking ``Tier II'' and 
     inserting ``Tier III''; and
       (2) in subsection (b)(1), by striking ``2008'' and 
     inserting ``2014''.
                                 ______
                                 
  SA 1902. Mr. BLUNT (for himself and Mr. Vitter) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4____. SOCIAL COST OF CARBON.

       (a) Findings.--Congress finds that--
       (1) on May 31, 2013, the White House released monetized 
     estimates of the effects associated with carbon emissions to 
     be used in Federal agency evaluations of the costs and 
     benefits of carrying out regulations;
       (2) the estimate described in paragraph (1) is often 
     referred to as ``the social cost of carbon'' and is crucial 
     to the environmental agenda of the Obama Administration, 
     because the higher the social cost of carbon is determined to 
     be, the more costly regulations can be justified;
       (3) the estimate described in paragraph (1) was developed 
     behind closed doors, without opportunity for public comment 
     or participation, by an interagency working group;
       (4) although Office of Management and Budget guidance 
     requires the use of a 3 and 7 percent discount rate when 
     predicting future costs and benefits, the interagency working 
     group referred to in paragraph (3) ignored that guidance and 
     used substantially lower discount rates, thereby leading to 
     higher estimates;
       (5) depending on the discount rate used by the interagency 
     working group, the increase in the estimate ranges from 34 to 
     120 percent;
       (6) Office of Management and Budget guidance requires that 
     economically significant proposed and final regulations be 
     analyzed from the domestic perspective while analysis from 
     the international perspective is optional;
       (7) the interagency working group referred to in paragraph 
     (3) determined that the social cost of carbon should 
     incorporate the full global damages of carbon, thereby 
     greatly increasing the estimates without providing a United 
     States-specific analysis;
       (8) the estimate developed by the interagency working group 
     is a de facto carbon tax that is buried in the cost-benefit 
     analyses of energy related rulemakings;
       (9) the cost-benefit analysis referred to in paragraph (8) 
     will play a role in the decision of the Obama Administration 
     relating to the Keystone pipeline and the development of 
     emissions regulations for coal fired power plants; and
       (10) the actions of the interagency working group 
     unnecessarily and unwisely results in increased energy costs 
     to consumers and households, thereby reducing economic growth 
     and opportunity.
       (b) Social Cost of Carbon in Cost-benefit Analyses.--
     Notwithstanding any other provision of law, in any rulemaking 
     or other action, an agency head shall not monetize any direct 
     or indirect effects associated with carbon emissions to be 
     used in a cost-benefit analysis of the agency, including the 
     social cost of carbon estimate (as described in the document 
     entitled ``Technical Support Document: Technical Update of 
     the Social Cost of Carbon for Regulatory Impact Analysis 
     under Executive Order 12866'', dated May 2013, or any 
     preceding, succeeding, or substantially related document).
                                 ______
                                 
  SA 1903. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Flake) 
submitted an amendment intended to be proposed by him to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 401. REGIONAL HAZE PROGRAM.

       Notwithstanding any other provision of law, the 
     Administrator of the Environmental

[[Page 13525]]

     Protection Agency (referred to in this section as the 
     ``Administrator'') shall not reject or disapprove in whole or 
     in part a State regional haze implementation plan addressing 
     any regional haze regulation of the Environmental Protection 
     Agency (including the regulations described in section 51.308 
     of title 40, Code of Federal Regulations (or successor 
     regulations)) if--
       (1) the State has submitted to the Administrator a State 
     implementation plan for regional haze that--
       (A) considers the factors identified in section 169A of the 
     Clean Air Act (42 U.S.C. 7491); and
       (B) applies the relevant laws (including regulations);
       (2) the Administrator fails to demonstrate using the best 
     available science that a Federal implementation plan action 
     governing a specific source, when compared to the State plan, 
     results in at least a 1.0 deciview improvement in any class I 
     area (as classified under section 162 of the Clean Air Act 
     (42 U.S.C. 7472)); and
       (3) implementation of the Federal implementation plan, when 
     compared to the State plan, will result in an economic cost 
     to the State or to the private sector of greater than 
     $100,000,000 in any fiscal year or $300,000,000 in the 
     aggregate.
                                 ______
                                 
  SA 1904. Mr. UDALL of New Mexico (for himself and Mr. Udall of 
Colorado) submitted an amendment intended to be proposed by him to the 
bill S. 1392, to promote energy savings in residential buildings and 
industry, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 5___. SMART WATER RESOURCE MANAGEMENT PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) a utility;
       (B) a municipality;
       (C) a water district; and
       (D) any other authority that provides water, wastewater, or 
     water reuse services.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (4) Smart water resource management pilot program.--The 
     term ``smart water resource management pilot program'' or 
     ``pilot program'' means the pilot program established under 
     subsection (b).
       (b) Smart Water Resource Management Pilot Program.--
       (1) In general.--The Administrator and the Secretary shall 
     establish and carry out a smart water resource management 
     pilot program in accordance with this section.
       (2) Purpose.--The purpose of the smart water resource 
     management pilot program is to award grants to eligible 
     entities to demonstrate novel and innovative technology-based 
     solutions that will--
       (A) increase the energy and water efficiency of water, 
     wastewater, and water reuse systems;
       (B) improve water, wastewater, and water reuse systems to 
     help communities across the United States make significant 
     progress in conserving water, saving energy, and reducing 
     costs; and
       (C) support the implementation of innovative processes and 
     the installation of advanced automated systems that provide 
     real-time data on energy and water.
       (3) Project selection.--
       (A) In general.--The Administrator and the Secretary shall 
     jointly make competitive, merit-reviewed grants under the 
     pilot program to not less than 3, but not more than 5, 
     eligible entities.
       (B) Selection criteria.--In selecting an eligible entity to 
     receive a grant under the pilot program, the Administrator 
     and the Secretary shall consider--
       (i) energy and cost savings;
       (ii) the novelty of the technology to be used;
       (iii) the degree to which the project integrates next-
     generation sensors, software, analytics, and management 
     tools;
       (iv) the anticipated cost-effectiveness of the pilot 
     project in terms of energy efficiency savings, water savings 
     or reuse, and infrastructure costs averted;
       (v) whether the technology can be deployed in a variety of 
     geographic regions and the degree to which the technology can 
     be implemented on a smaller or larger scale; and
       (vi) whether the project will be completed in 5 years or 
     less.
       (C) Applications.--
       (i) In general.--Subject to clause (ii), an eligible entity 
     seeking a grant under the pilot program shall submit to the 
     Administrator and the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Administrator and the Secretary determine to be necessary.
       (ii) Contents.--An application under clause (i) shall, at a 
     minimum, include--

       (I) a description of the project;
       (II) a description of the technology to be used in the 
     project;
       (III) the anticipated results, including energy and water 
     savings, of the project;
       (IV) a comprehensive budget for the project;
       (V) the names of the project lead organization and any 
     partners;
       (VI) the number of users to be served by the project; and
       (VII) any other information that the Administrator and the 
     Secretary determine to be necessary to complete the review 
     and selection of a grant recipient.

       (4) Roles and responsibilities.--The Administrator and the 
     Secretary shall enter into a memorandum of understanding 
     that--
       (A) outlines the respective duties of the Administrator and 
     the Secretary in carrying out this section; and
       (B) establishes an interagency working group that shall--
       (i) discuss the implementation of this section and related 
     energy and water policy issues;
       (ii) develop the application, evaluation, and other 
     administrative processes necessary to carry out this section; 
     and
       (iii) determine whether the Environmental Protection Agency 
     or the Department of Energy shall serve as the lead agency 
     for purposes of evaluation and other administrative 
     activities under this section, including the provision of 
     technical and policy assistance.
       (5) Administration.--
       (A) In general.--Not later than 300 days after the date of 
     enactment of this Act, the Administrator and the Secretary 
     shall select grant recipients under this section.
       (B) Evaluations.--The Administrator and the Secretary shall 
     annually carry out an evaluation of each project for which a 
     grant is provided under this section that--
       (i) evaluates the progress and impact of the project; and
       (ii) assesses the degree to which the project is meeting 
     the goals of the pilot program.
       (C) Technical and policy assistance.--On the request of a 
     grant recipient, the Administrator and the Secretary shall 
     provide technical and policy assistance.
       (D) Best practices.--The Administrator and the Secretary 
     shall make available to the public--
       (i) a copy of each evaluation carried out under 
     subparagraph (B); and
       (ii) a description of any best practices identified by the 
     Administrator and the Secretary as a result of those 
     evaluations.
       (E) Report to congress.--The Administrator and the 
     Secretary shall submit to Congress a report containing the 
     results of each evaluation carried out under subparagraph 
     (B).
       (c) Funding.--
       (1) In general.--The Administrator and the Secretary shall 
     use not less than $7,500,000 of amounts made available to the 
     Administrator and the Secretary to carry out this section.
       (2) Prioritization.--In funding activities under this 
     section, the Administrator and the Secretary shall prioritize 
     funding in the following manner:
       (A) Any unobligated amounts made available for the surface 
     water protection program on sustainable infrastructure 
     management and for water infrastructure grants management 
     activities of the Environmental Protection Agency and the 
     State Energy Program of the Department of Energy, 
     respectively.
       (B) Any unobligated amounts (other than those described in 
     subparagraph (A)) made available to the Administrator and the 
     Secretary, respectively.
                                 ______
                                 
  SA 1905. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed by him to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SECTION 4____. WATER EFFICIENCY, CONSERVATION, AND 
                   ADAPTATION.

       (a) Findings.--Congress finds that--
       (1)(A) human-induced climate change is affecting the 
     natural water cycle, decreasing precipitation levels in the 
     West, especially the Southwest, and making droughts and 
     floods more frequent and more intense;
       (B) declining precipitation levels will severely impact 
     water supplies in Southwestern States; and
       (C) a sharp increase in the number of days with very heavy 
     precipitation throughout the Northeast and the Midwest will 
     stress aging water infrastructure;
       (2) changes in the water cycle caused by climate 
     disruptions will adversely affect water infrastructure, 
     energy production and use, human health, transportation, 
     agriculture, and ecosystems, while also aggravating water 
     disputes across the United States;
       (3)(A) the Colorado River, which supplies water for more 
     than 30,000,000 people, is experiencing the worst drought in 
     more than 100 years of recordkeeping; and
       (B) the primary reservoirs of the Colorado River Basin and 
     Lakes Mead and Powell have lost nearly half of the storage 
     waters of the reservoirs and Lakes, and clean hydropower 
     generated from Hoover Dam risks reduction if the extended 
     drought persists;

[[Page 13526]]

       (4) States and local governments and water utilities can 
     begin to address the challenges described in this subsection 
     by providing incentives for water efficiency and 
     conservation, while also planning and investing in 
     infrastructure to adapt to the impacts of climate change, 
     particularly those impacts already affecting the United 
     States;
       (5) residential water demand can be reduced by 25 to 40 
     percent using existing, cost-effective technologies that also 
     can reduce the water bills of consumers by hundreds of 
     dollars per year; and
       (6) water and energy use are inseparable activities, and 
     supplying and treating water consumes around 4 percent of the 
     electricity of the United States, and electricity makes up 75 
     percent of the cost of processing and delivering municipal 
     water.
       (b) Definition of Administrator.--In this section, the term 
     ``Administrator'' means the Administrator of the 
     Environmental Protection Agency.
       (c) WaterSense.--
       (1) In general.--There is established within the 
     Environmental Protection Agency a WaterSense program to 
     identify and promote water efficient products, buildings, 
     landscapes, facilities, processes, and services so as--
       (A) to reduce water use;
       (B) to reduce the strain on water, wastewater, and 
     stormwater infrastructure;
       (C) to conserve energy used to pump, heat, transport, and 
     treat water; and
       (D) to preserve water resources for future generations, 
     through voluntary labeling of, or other forms of 
     communications about, products, buildings, landscapes, 
     facilities, processes, and services that meet the highest 
     water efficiency and performance criteria.
       (2) Duties.--The Administrator shall--
       (A) establish--
       (i) a WaterSense label to be used for certain items; and
       (ii) the procedure by which an item may be certified to 
     display the WaterSense label;
       (B) promote WaterSense-labeled products, buildings, 
     landscapes, facilities, processes, and services in the market 
     place as the preferred technologies and services for--
       (i) reducing water use; and
       (ii) ensuring product and service performance;
       (C) work to enhance public awareness of the WaterSense 
     label through public outreach, education, and other means;
       (D) preserve the integrity of the WaterSense label by--
       (i) establishing and maintaining performance criteria so 
     that products, buildings, landscapes, facilities, processes, 
     and services labeled with the WaterSense label perform as 
     well or better than less water-efficient counterparts;
       (ii) overseeing WaterSense certifications made by third 
     parties;
       (iii) conducting reviews of the use of the WaterSense label 
     in the marketplace and taking corrective action in any case 
     in which misuse of the label is identified; and
       (iv) carrying out such other measures as the Administrator 
     determines to be appropriate;
       (E) regularly review and, if appropriate, update WaterSense 
     criteria for categories of products, buildings, landscapes, 
     facilities, processes, and services, at least once every 4 
     years;
       (F) to the maximum extent practicable, regularly estimate 
     and make available to the public the production and relative 
     market shares of, and the savings of water, energy, and 
     capital costs of water, wastewater, and stormwater 
     infrastructure attributable to the use of WaterSense-labeled 
     products, buildings, landscapes, facilities, processes, and 
     services, at least annually;
       (G) solicit comments from interested parties and the public 
     prior to establishing or revising a WaterSense category, 
     specification, installation criterion, or other criterion (or 
     prior to effective dates for any such category, 
     specification, installation criterion, or other criterion);
       (H) provide reasonable notice to interested parties and the 
     public of any changes (including effective dates), on the 
     adoption of a new or revised category, specification, 
     installation criterion, or other criterion, along with--
       (i) an explanation of the changes; and
       (ii) as appropriate, responses to comments submitted by 
     interested parties and the public;
       (I) provide appropriate lead time (as determined by the 
     Administrator) prior to the applicable effective date for a 
     new or significant revision to a category, specification, 
     installation criterion, or other criterion, taking into 
     account the timing requirements of the manufacturing, 
     marketing, training, and distribution process for the 
     specific product, building and landscape, or service category 
     addressed;
       (J) identify and, if appropriate, implement other voluntary 
     approaches in commercial, institutional, residential, 
     industrial, and municipal sectors to encourage recycling and 
     reuse technologies to improve water efficiency or lower water 
     use; and
       (K) if appropriate, apply the WaterSense label to water-
     using products that are labeled by the Energy Star program 
     implemented by the Administrator and the Secretary of Energy.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $7,500,000 for fiscal year 2013;
       (B) $10,000,000 for fiscal year 2014;
       (C) $20,000,000 for fiscal year 2015;
       (D) $50,000,000 for fiscal year 2016; and
       (E) for each subsequent fiscal year, the applicable amount 
     for the preceding fiscal year, as adjusted to reflect changes 
     for the 12-month period ending the preceding November 30 in 
     the Consumer Price Index for All Urban Consumers published by 
     the Bureau of Labor Statistics of the Department of Labor.
       (d) State Residential Water Efficiency and Conservation 
     Incentives Program.--
       (1) Definitions.--In this subsection:
       (A) Eligible entity.--The term ``eligible entity'' means a 
     State government, local or county government, tribal 
     government, wastewater or sewerage utility, municipal water 
     authority, energy utility, water utility, or nonprofit 
     organization that meets the requirements of paragraph (2).
       (B) Incentive program.--The term ``incentive program'' 
     means a program for administering financial incentives for 
     consumer purchase and installation of water-efficient 
     products, buildings (including new water-efficient homes), 
     landscapes, processes, or services described in paragraph 
     (2)(A).
       (C) Residential water-efficient product, building, 
     landscape, process, or service.--
       (i) In general.--The term ``residential water-efficient 
     product, building, landscape, process, or service'' means a 
     product, building, landscape, process, or service for a 
     residence or its landscape that is rated for water efficiency 
     and performance--

       (I) by the WaterSense program; or
       (II) if a WaterSense specification does not exist, by the 
     Energy Star program or an incentive program approved by the 
     Administrator.

       (ii) Inclusions.--The term ``residential water-efficient 
     product, building, landscape, process, or service'' 
     includes--

       (I) faucets;
       (II) irrigation technologies and services;
       (III) point-of-use water treatment devices;
       (IV) reuse and recycling technologies;
       (V) toilets;
       (VI) clothes washers;
       (VII) dishwashers;
       (VIII) showerheads;
       (IX) xeriscaping and other landscape conversions that 
     replace irrigated turf; and
       (X) new water efficient homes certified under the 
     WaterSense program.

       (D) Watersense program.--The term ``WaterSense program'' 
     means the program established by subsection (c).
       (2) Eligible entities.--An entity shall be eligible to 
     receive an allocation under paragraph (3) if the entity--
       (A) establishes (or has established) an incentive program 
     to provide financial incentives to residential consumers for 
     the purchase of residential water-efficient products, 
     buildings, landscapes, processes, or services;
       (B) submits an application for the allocation at such time, 
     in such form, and containing such information as the 
     Administrator may require; and
       (C) provides assurances satisfactory to the Administrator 
     that the entity will use the allocation to supplement, but 
     not supplant, funds made available to carry out the incentive 
     program.
       (3) Amount of allocations.--For each fiscal year, the 
     Administrator shall determine the amount to allocate to each 
     eligible entity to carry out paragraph (4), taking into 
     consideration--
       (A) the population served by the eligible entity during the 
     most recent calendar year for which data are available;
       (B) the targeted population of the incentive program of the 
     eligible entity, such as general households, low-income 
     households, or first-time homeowners, and the probable 
     effectiveness of the incentive program for that population;
       (C) for existing programs, the effectiveness of the program 
     in encouraging the adoption of water-efficient products, 
     buildings, landscapes, facilities, processes, and services;
       (D) any allocation to the eligible entity for a preceding 
     fiscal year that remains unused and
       (E) the per capita water demand of the population served by 
     the eligible entity during the most recent calendar year for 
     which data are available and the accessibility of water 
     supplies to the eligible entity.
       (4) Use of allocated funds.--Funds allocated to an eligible 
     entity under paragraph (3) may be used to pay up to 50 
     percent of the cost of establishing and carrying out an 
     incentive program.
       (5) Fixture recycling.--Eligible entities are encouraged to 
     promote or implement fixture recycling programs to manage the 
     disposal of older fixtures replaced due to the incentive 
     program under this subsection.
       (6) Issuance of incentives.--
       (A) In general.--Financial incentives may be provided to 
     residential consumers that meet the requirements of the 
     applicable incentive program.
       (B) Manner of issuance.--An eligible entity may--
       (i) issue all financial incentives directly to residential 
     consumers; or

[[Page 13527]]

       (ii) with approval of the Administrator, delegate all or 
     part of financial incentive administration to other 
     organizations, including local governments, municipal water 
     authorities, water utilities, and nonprofit organizations.
       (C) Amount.--The amount of a financial incentive shall be 
     determined by the eligible entity, taking into 
     consideration--
       (i) the amount of any Federal or State tax incentive 
     available for the purchase of the residential water-efficient 
     product or service;
       (ii) the amount necessary to change consumer behavior to 
     purchase water-efficient products and services; and
       (iii) the consumer expenditures for onsite preparation, 
     assembly, and original installation of the product.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (A) $100,000,000 for fiscal year 2013;
       (B) $150,000,000 for fiscal year 2014;
       (C) $200,000,000 for fiscal year 2015;
       (D) $150,000,000 for fiscal year 2016;
       (E) $100,000,000 for fiscal year 2017; and
       (F) for each subsequent fiscal year, the applicable amount 
     for the preceding fiscal year, as adjusted to reflect changes 
     for the 12-month period ending the preceding November 30 in 
     the Consumer Price Index for All Urban Consumers published by 
     the Bureau of Labor Statistics of the Department of Labor.
       (e) Blue Bank for Water System Mitigation and Adaptation.--
       (1) Definitions.--In this subsection:
       (A) Abrupt climate change.--The term ``abrupt climate 
     change'' means a large-scale change in the climate system 
     that--
       (i) takes place over a few decades or less;
       (ii) persists (or is anticipated to persist) for at least a 
     few decades; and
       (iii) causes substantial disruptions in human and natural 
     systems.
       (B) Owner or operator.--
       (i) In general.--The term ``owner or operator'' means a 
     person (including a regional, State, local, municipal, or 
     private entity) that owns or operates a water system.
       (ii) Inclusion.--The term ``owner or operator'' includes a 
     non-Federal entity that has operational responsibilities for 
     a federally owned water system.
       (C) Water system.--The term ``water system'' means--
       (i) a community water system (as defined in section 1401 of 
     the Safe Drinking Water Act (42 U.S.C. 300f));
       (ii) a publicly owned treatment works (as defined in 
     section 212 of the Federal Water Pollution Control Act (33 
     U.S.C. 1292)), including a municipal separate storm sewer 
     system;
       (iii) a decentralized wastewater treatment system for 
     domestic sewage;
       (iv) a groundwater storage and replenishment system; or
       (v) a system for transport and delivery of water for 
     irrigation or conservation.
       (2) Grants.--Beginning in fiscal year 2010, the 
     Administrator shall make grants to owners or operators of 
     water systems to address any ongoing or forecasted (based on 
     the best available research and data) climate-related impact 
     on the water quality or quantity of a region of the United 
     States, for the purposes of mitigating or adapting to the 
     impacts of climate change.
       (3) Eligible uses.--In carrying out this subsection, the 
     Administrator shall make grants to assist in the planning, 
     design, construction, implementation, or maintenance of any 
     program or project to increase the resilience of a water 
     system to climate change by--
       (A) conserving water or enhancing water use efficiency, 
     including through the use of water metering to measure the 
     effectiveness of a water efficiency program;
       (B) modifying or relocating existing water system 
     infrastructure made or projected to be made inoperable by 
     climate change impacts;
       (C) preserving or improving water quality, including 
     through measures to manage, reduce, treat, or reuse municipal 
     stormwater, wastewater, or drinking water;
       (D) investigating, designing, or constructing groundwater 
     remediation, recycled water, or desalination facilities or 
     systems;
       (E) enhancing water management by increasing watershed 
     preservation and protection, such as through the use of 
     natural or engineered green infrastructure in the management, 
     conveyance, or treatment of water, wastewater, or stormwater;
       (F) enhancing energy efficiency or the use and generation 
     of renewable energy in the management, conveyance, or 
     treatment of water, wastewater, or stormwater;
       (G) supporting the adoption and use of advanced water 
     treatment, water supply management (such as reservoir 
     reoperation), or water demand management technologies, 
     projects, or processes (such as water reuse and recycling or 
     adaptive conservation pricing) that maintain or increase 
     water supply or improve water quality;
       (H) modifying or replacing existing systems or constructing 
     new systems for existing communities or land currently in 
     agricultural production to improve water availability, 
     storage, or conveyance in a manner that--
       (i) promotes more efficient use of available water 
     supplies; and
       (ii) does not further exacerbate stresses on ecosystems;
       (I) supporting practices and projects, such as improved 
     irrigation systems, water banking and other forms of water 
     transactions, groundwater recharge, stormwater capture, and 
     reuse or recycling of drainage water, to improve water 
     quality or promote more efficient water use, including on 
     land currently in agricultural production;
       (J) conducting and completing studies or assessments to 
     project how climate change may impact the future operations 
     and sustainability of water systems; or
       (K) developing and implementing mitigation measures to 
     rapidly address impacts on water systems most susceptible to 
     abrupt climate change, including those in the Colorado River 
     Basin and coastal regions at risk from rising sea levels.
       (4) Application.--To be eligible to receive a grant from 
     the Administrator under paragraph (2), the owner or operator 
     of a water system shall submit to the Administrator an 
     application that--
       (A) includes a proposal of the program, strategy, or 
     infrastructure improvement to be planned, designed, 
     constructed, implemented, or maintained by the water system;
       (B) cites the best available research or data that 
     demonstrates--
       (i) the risk to the water resources or infrastructure of 
     the water system as a result of ongoing or forecasted changes 
     to the hydrological system brought about by factors arising 
     from climate change, including rising sea levels and changes 
     in precipitation levels; and
       (ii) how the proposed program, strategy, or infrastructure 
     improvement would perform under the anticipated climate 
     conditions;
       (C) explains how the proposed program, strategy, or 
     infrastructure improvement is expected to enhance the 
     resiliency of the water system, including source water 
     protection for community water systems, to these risks or 
     reduce the direct or indirect greenhouse gas emissions of the 
     water system; and
       (D) demonstrates that the program, strategy, or 
     infrastructure improvement is--
       (i) consistent with any approved State and tribal climate 
     adaptation plan; and
       (ii) not inconsistent with any approved natural resources 
     plan.
       (5) Competitive process.--
       (A) In general.--Each calendar year, the Administrator 
     shall conduct a competitive process to select and fund 
     applications under this subsection.
       (B) Priority requirements and weighting.--In carrying out 
     the process, the Administrator shall--
       (i) prioritize funding of applications that are submitted 
     by the owners or operators of water systems that are, based 
     on the best available research and data, at the greatest and 
     most immediate risk of facing significant climate-related 
     negative impacts on water quality or quantity;
       (ii) in selecting among the priority applications 
     determined under clause (i), ensure that the final list of 
     applications funded for each year includes a substantial 
     number that, to the maximum extent practicable, includes each 
     eligible use described in paragraph (3);
       (iii) solicit applications from water systems that are--

       (I) located in all regions of the United States; and
       (II) facing varying risks as a result of climate change; 
     and

       (iv) provide for solicitation and consideration of public 
     input in the development of criteria used in evaluating 
     applications.
       (6) Cost sharing.--
       (A) Federal share.--The Federal share of the cost of any 
     program, strategy, or infrastructure improvement that is the 
     subject of a grant awarded by the Administrator to a water 
     system under paragraph (2) shall not exceed 50 percent of the 
     cost of the program, strategy, and infrastructure 
     improvement.
       (B) Calculation of non-federal share.--In calculating the 
     non-Federal share of the cost of a program, strategy, or 
     infrastructure improvement proposed by a water system through 
     an application submitted by the water system under paragraph 
     (4), the Administrator shall--
       (i) include the value of any in-kind services that are 
     integral to the completion of the program, strategy, or 
     infrastructure improvement, as determined by the 
     Administrator; and
       (ii) not include any other amount that the water system 
     receives from a Federal agency.
       (7) Labor standards.--
       (A) In general.--All laborers and mechanics employed on 
     infrastructure improvements funded directly by or assisted in 
     whole or in part by this subsection shall be paid wages at 
     rates not less than those prevailing for the same type of 
     work on similar construction in the immediate locality, as 
     determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of part A of subtitle II of title 
     40, United States Code.
       (B) Authority and functions.--With respect to the labor 
     standards in this paragraph, the Secretary of Labor shall 
     have the authority and functions set forth in Reorganization 
     Plan Numbered 14 of 1950 (64 Stat.

[[Page 13528]]

     1267; 5 U.S.C. App.) and section 3145 of title 40, United 
     States Code.
       (8) Regulations.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall promulgate 
     final regulations to carry out this subsection.
       (B) Special rule for the construction of treatment works.--
     In carrying out this paragraph, the Administrator shall 
     incorporate all relevant and appropriate requirements of 
     title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.) applicable to the construction of 
     treatment works that are carried out under this subsection.
       (9) Report to congress.--Not later than 3 years after the 
     date of enactment of this Act, and every 3 years thereafter, 
     the Administrator shall submit to the Congress a report on 
     progress in implementing this subsection, including 
     information on project applications received and funded 
     annually.
       (10) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary.
                                 ______
                                 
  SA 1906. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW 
                   UPON FAILURE TO MEET DEBT OBLIGATIONS.

       (a) Holding Salaries in Escrow.--
       (1) In general.--If the Federal Government is unable to 
     make payments or meet obligations because the public debt 
     limit under section 3101 of title 31, United States Code, has 
     been reached, during the period described in paragraph (2) 
     the payroll administrator of each House of Congress shall 
     deposit in an escrow account all payments otherwise required 
     to be made during such period for the compensation of Members 
     of Congress who serve in that House of Congress, and shall 
     release such payments to such Members only upon the 
     expiration of such period.
       (2) Period described.--The period described in this 
     paragraph is the period beginning on the date on which the 
     Federal Government is unable to make payments or meet 
     obligations because the public debt limit under section 3101 
     of title 31, United States Code, has been reached, and ending 
     on the earlier of--
       (A) the date on which the Senate and the House of 
     Representatives present a bill to the President under article 
     I, section 7 of the Constitution of the United States, to 
     increase the public debt limit under section 3101 of title 
     31, United States Code; or
       (B) the last day of the One Hundred Thirteenth Congress.
       (3) Withholding and remittance of amounts from payments 
     held in escrow.--The payroll administrator of each House of 
     Congress shall provide for the same withholding and 
     remittance with respect to a payment deposited in an escrow 
     account under paragraph (1) that would apply to the payment 
     if the payment were not subject to paragraph (1).
       (4) Release of amounts at end of congress.--In order to 
     ensure that this section is carried out in a manner that 
     shall not vary the compensation of Senators or 
     Representatives in violation of the 27th Amendment to the 
     Constitution of the United States, the payroll administrator 
     of a House of Congress shall release for payments to Members 
     of that House of Congress any amounts remaining in any escrow 
     account under this section on the last day of the One Hundred 
     Thirteenth Congress.
       (5) Role of secretary of the treasury.--The Secretary of 
     the Treasury shall provide the payroll administrators of the 
     Houses of Congress with such assistance as may be necessary 
     to enable the payroll administrators to carry out this 
     section.
       (b) Treatment of Delegates as Members.--In this section, 
     the term ``Member'' includes a Delegate or Resident 
     Commissioner to Congress.
       (c) Payroll Administrator Defined.--In this section, the 
     term ``payroll administrator'' of a House of Congress means--
       (1) in the case of the Senate, the Secretary of the Senate, 
     or an employee of the Office of the Secretary of the Senate 
     who is designated by the Secretary to carry out this section; 
     and
       (2) in the case of the House of Representatives, the Chief 
     Administrative Officer of the House of Representatives, or an 
     employee of the Office of the Chief Administrative Officer 
     who is designated by the Chief Administrative Officer to 
     carry out this section.
                                 ______
                                 
  SA 1907. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 44, after line 23, add the following

      Subtitle E--Financing Energy Efficient Manufacturing Program

     SEC. 241. PURPOSE.

       The purpose of this subtitle is to encourage widespread 
     deployment of energy efficiency and onsite renewable energy 
     technologies in manufacturing and industrial facilities 
     throughout the United States through the establishment of a 
     Financing Energy Efficient Manufacturing Program that would--
       (1) encourage the widespread availability of financial 
     products and programs with attractive rates and terms that 
     significantly reduce or eliminate upfront expenses to allow 
     manufacturing and industrial businesses to invest in energy 
     efficiency measures, onsite clean and renewable energy 
     systems, smart grid systems, and alternative vehicle fleets 
     by providing credit support, credit enhancement, secondary 
     markets, and other support to originators of the financial 
     products and sponsors of the financing programs; and
       (2) help building owners to invest in measures and systems 
     that reduce energy costs, in many cases creating a net cost 
     savings that can be realized in the short-term, and may also 
     allow manufacturing and industrial businesses owners to defer 
     capital expenditures, save money to hire new workers, and 
     increase the value, comfort, and sustainability of the 
     property of the owners.

     SEC. 242. DEFINITIONS.

       In this subtitle:
       (1) Covered program.--The term ``covered program'' means a 
     program to finance energy efficiency retrofit, onsite clean 
     and renewable energy, smart grid, and alternative vehicle 
     fleet projects for industrial businesses.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (3) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 243. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM.

       (a) Establishment.--The Secretary shall establish a 
     program, to be known as the ``Financing Energy Efficient 
     Manufacturing Program'', under which the Secretary shall 
     provide grants to States to establish or expand covered 
     programs.
       (b) Applications.--
       (1) In general.--A State may apply to the Secretary for a 
     grant under subsection (a) to establish or expand covered 
     programs.
       (2) Evaluation.--The Secretary shall evaluate applications 
     submitted by States under paragraph (1) on the basis of--
       (A) the likelihood that the covered program would--
       (i) be established or expanded; and
       (ii) increase the total investment and energy savings of 
     retrofit projects to be supported;
       (B) in the case of industrial business efficiency financing 
     initiatives conducted under subsection (c), evidence of 
     multistate cooperation and coordination with lenders, 
     financiers, and owners; and
       (C) other factors that would advance the purposes of this 
     subtitle, as determined by the Secretary.
       (c) Multistate Facilitation.--The Secretary shall consult 
     with States and relevant stakeholders with applicable 
     expertise to establish a process to identify financing 
     opportunities for manufacturing and industrial business with 
     asset portfolios across multiple States.
       (d) Administration.--A State receiving a grant under 
     subsection (a) shall give a higher priority to covered 
     programs that--
       (1) leverage private and non-Federal sources of funding; 
     and
       (2) aim explicitly to expand the use of energy efficiency 
     project financing using private sources of funding.
       (e) Davis-Bacon Compliance.--
       (1) In general.--All laborers and mechanics employed on 
     projects funded directly by or assisted in whole or in part 
     by this subtitle shall be paid wages at rates not less than 
     those prevailing on projects of a character similar in the 
     locality as determined by the Secretary of Labor in 
     accordance with subchapter IV of chapter 31 of part A of 
     subtitle II of title 40, United States Code (commonly 
     referred to as the ``Davis-Bacon Act'').
       (2) Authority.--With respect to the labor standards 
     specified in this subsection, the Secretary of Labor shall 
     have the authority and functions set forth in Reorganization 
     Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
     section 3145 of title 40, United States Code.
       (f) Reports.--
       (1) In general.--Not later than 2 years after the date of 
     receipt of a grant under this subtitle, a State shall submit 
     to the Secretary, the Committee on Energy and Natural 
     Resources of the Senate, and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     describes the performance of covered programs carried out 
     using the grant funds.
       (2) Data.--
       (A) In general.--A State receiving a grant under this 
     subtitle, in cooperation with the Secretary, shall--

[[Page 13529]]

       (i) collect and share data resulting from covered programs 
     carried out under this subtitle; and
       (ii) include in the report submitted under paragraph (1) 
     any data collected under clause (i).
       (B) Department databases.--The Secretary shall incorporate 
     data described in subparagraph (A) into appropriate databases 
     of the Department of Energy, with provisions for the 
     protection of confidential business data.

     SEC. 244. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this subtitle $250,000,000, to remain available 
     until expended.
       (b) State Energy Offices.--Funds provided to a State under 
     this subtitle shall be provided to the office within the 
     State that is responsible for developing the State energy 
     plan for the State under part D of title III of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321 et seq).
                                 ______
                                 
  SA 1908. Mr. HOEVEN (for himself, Ms. Landrieu, Mr. McConnell, Ms. 
Heitkamp, Mr. Thune, Mr. Begich, Mr. Cornyn, Mr. Pryor, Mr. Blunt, Mr. 
Risch, Mr. Barrasso, and Mr. Inhofe) submitted an amendment intended to 
be proposed by him to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 48, between lines 16 and 17, insert the following:

     SEC. 4___. SENSE OF CONGRESS REGARDING THE KEYSTONE XL 
                   PIPELINE.

       (a) Findings.--Congress finds that--
       (1) safe and responsible production, transportation, and 
     use of oil and petroleum products provide the foundation of 
     the energy economy of the United States, helping to secure 
     and advance the economic prosperity, national security, and 
     overall quality of life in the United States;
       (2) the Keystone XL pipeline would provide short- and long-
     term employment opportunities and related labor income 
     benefits, such as government revenues associated with taxes;
       (3) the State of Nebraska has thoroughly reviewed and 
     approved the proposed Keystone XL pipeline reroute, 
     concluding that the concerns of Nebraskans have had a major 
     influence on the pipeline reroute and that the reroute will 
     have minimal environmental impacts;
       (4) the Department of State and other Federal agencies have 
     conducted extensive studies and analysis over a long period 
     of time on the technical, environmental, social, and economic 
     impact of the proposed Keystone XL pipeline;
       (5) assessments by the Department of State found that the 
     Keystone XL pipeline is ``not likely to impact the amount of 
     crude oil produced from the oil sands'' and that ``approval 
     or denial of the proposed Project is unlikely to have a 
     substantial impact on the rate of development in the oil 
     sands'';
       (6) the Department of State found that the incremental life 
     cycle greenhouse gas emissions associated with the Keystone 
     XL project are estimated in the range of 0.07 to 0.83 million 
     metric tons of carbon dioxide equivalents, with the upper end 
     of this range representing 1,000 of 1 percent of the 
     6,702,000,000 metric tons of carbon dioxide emitted in the 
     United States in 2011;
       (7) after extensive evaluation of potential impact to land 
     and water resources along the 875-mile proposed route of the 
     Keystone XL pipeline, the Department of State found, ``The 
     analyses of potential impacts associated with construction 
     and normal operation of the proposed Project suggest that 
     there would be no significant impacts to most resources along 
     the proposed Project route (assuming Keystone complies with 
     all laws and required conditions and measures).'';
       (8) the Department of State found that ``[s]pills 
     associated with the proposed Project that enter the 
     environment are expected to be rare and relatively small'' 
     and that ``there is no evidence of increased corrosion or 
     other pipeline threat due to viscosity'' of diluted bitumen 
     oil that will be transported by the Keystone XL pipeline;
       (9) the National Research Council convened a special expert 
     panel to review the risk of transporting diluted bitumen by 
     pipeline and issued a report in June 2013 to the Department 
     of Transportation in which the National Research Council 
     found that existing literature indicates that transportation 
     of diluted bitumen poses no increased risk of pipeline 
     failure;
       (10) plans to incorporate 57 project-specific special 
     conditions relating to the design, construction, and 
     operations of the Keystone XL pipeline led the Department of 
     State to find that the pipeline will have ``a degree of 
     safety over any other typically constructed domestic oil 
     pipeline''; and
       (11) the Department of State found that oil destined to be 
     shipped through the pipeline from the oil sands region of 
     Canada and oil shale deposits in the United States would 
     otherwise move by other modes of transportation if the 
     Keystone XL pipeline is not built.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) construction of the Keystone XL pipeline will promote 
     sound investment in the infrastructure of the United States;
       (2) construction of the Keystone XL pipeline will promote 
     energy security in North America and will generate an 
     increase in private sector jobs that will benefit both the 
     region surrounding the Keystone XL pipeline and the United 
     States as a whole; and
       (3) completion of the Keystone XL pipeline is in the 
     national interest of the United States.
                                 ______
                                 
  SA 1909. Mr. HOEVEN (for himself and Ms. Heitkamp) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 404. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       (a) In General.--The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON 
                   FEDERAL LAND IN STATES.

       ``(a) In General.--Subject to subsection (b), the Secretary 
     of the Interior shall not issue or promulgate any guideline 
     or regulation relating to oil or gas exploration or 
     production on Federal land in a State if the State has 
     otherwise met the requirements under this Act or any other 
     applicable Federal law.
       ``(b) Exception.--The Secretary may issue or promulgate 
     guidelines and regulations relating to oil or gas exploration 
     or production on Federal land in a State if the Secretary of 
     the Interior determines that as a result of the oil or gas 
     exploration or production there is an imminent and 
     substantial danger to the public health or environment.''.
       (b) Regulations.--Part E of the Safe Drinking Water Act (42 
     U.S.C. 300j et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1459. REGULATIONS.

       ``(a) Comments Relating to Oil and Gas Exploration and 
     Production.--Before issuing or promulgating any guideline or 
     regulation relating to oil and gas exploration and production 
     on Federal, State, tribal, or fee land pursuant to this Act, 
     the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
     seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Act 
     entitled `An Act to regulate the leasing of certain Indian 
     lands for mining purposes', approved May 11, 1938 (commonly 
     known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 
     396a et seq.), the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.), or any other provision of law or Executive order, the 
     head of a Federal department or agency shall seek comments 
     from and consult with the head of each affected State, State 
     agency, and Indian tribe at a location within the 
     jurisdiction of the State or Indian tribe, as applicable.
       ``(b) Statement of Energy and Economic Impact.--Each 
     Federal department or agency described in subsection (a) 
     shall develop a Statement of Energy and Economic Impact, 
     which shall consist of a detailed statement and analysis 
     supported by credible objective evidence relating to--
       ``(1) any adverse effects on energy supply, distribution, 
     or use, including a shortfall in supply, price increases, and 
     increased use of foreign supplies; and
       ``(2) any impact on the domestic economy if the action is 
     taken, including the loss of jobs and decrease of revenue to 
     each of the general and educational funds of the State or 
     affected Indian tribe.
       ``(c) Regulations.--
       ``(1) In general.--A Federal department or agency shall not 
     impose any new or modified regulation unless the head of the 
     applicable Federal department or agency determines--
       ``(A) that the rule is necessary to prevent imminent 
     substantial danger to the public health or the environment; 
     and
       ``(B) by clear and convincing evidence, that the State or 
     Indian tribe does not have an existing reasonable alternative 
     to the proposed regulation.
       ``(2) Disclosure.--Any Federal regulation promulgated on or 
     after the date of enactment of this paragraph that requires 
     disclosure of hydraulic fracturing chemicals shall refer to 
     the database managed by the Ground Water Protection Council 
     and the Interstate Oil and Gas Compact Commission (as in 
     effect on the date of enactment of this Act).
       ``(d) Judicial Review.--
       ``(1) In general.--With respect to any regulation described 
     in this section, a State or Indian tribe adversely affected 
     by an action carried out under the regulation shall be 
     entitled to review by a United States district court located 
     in the State or the District of Columbia of compliance by the 
     applicable Federal department or agency with the requirements 
     of this section.
       ``(2) Action by court.--
       ``(A) In general.--A district court providing review under 
     this subsection may enjoin or mandate any action by a 
     relevant Federal department or agency until the district 
     court determines that the department

[[Page 13530]]

     or agency has complied with the requirements of this section.
       ``(B) Damages.--The court shall not order money damages.
       ``(3) Scope and standard of review.--In reviewing a 
     regulation under this subsection--
       ``(A) the court shall not consider any evidence outside of 
     the record that was before the agency; and
       ``(B) the standard of review shall be de novo.''.
                                 ______
                                 
  SA 1910. Mr. TOOMEY (for himself and Mr. Casey) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4____. ELECTRIC GENERATING UNIT COMPLIANCE DELAY FOR 
                   CERTAIN EPA RULES.

       (a) Definition of Coal Refuse.--
       (1) In general.--In this section, the term ``coal refuse'' 
     means any waste coal, rock, shale, slurry, culm, gob, boney, 
     slate, clay and related materials, associated with or near a 
     coal seam, that are--
       (A) brought aboveground or otherwise removed from a coal 
     mine in the process of mining coal; or
       (B) separated from coal during cleaning or preparation 
     operations.
       (2) Inclusions.--The term ``coal refuse'' includes 
     underground development waste, coal processing waste, and 
     excess spoil.
       (b) Compliance Delay.--An electric generating unit that 
     uses coal refuse as the primary feedstock of the electric 
     generating unit shall be exempt from the rule of the 
     Environmental Protection Agency entitled ``National Emission 
     Standards for Hazardous Air Pollutants From Coal- and Oil-
     Fired Electric Utility Steam Generating Units and Standards 
     of Performance for Fossil-Fuel-Fired Electric Utility, 
     Industrial-Commercial-Institutional, and Small Industrial-
     Commercial-Institutional Steam Generating Units'' (77 Fed. 
     Reg. 9304 (February 16, 2012)) until December 31, 2017.
                                 ______
                                 
  SA 1911. Mr. UDALL of Colorado (for himself and Mr. Markey) submitted 
an amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 47, strike line 17 and all that follows 
     through page 48, line 2, and insert the following:

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

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

       (I) State and local regulatory authorities, including the 
     National Association of Regulatory Utility Commissioners;
       (II) other appropriate Federal agencies, including the 
     National Institute of Standards and Technology;
       (III) consumer and privacy advocacy groups;
       (IV) utilities;
       (V) the National Association of State Energy Officials; and
       (VI) other appropriate entities; and

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

       (I) the timeliness and specificity of retail electric 
     energy information;
       (II) appropriate nationally recognized open standards for 
     data; and
       (III) protection of data security and electric consumer 
     privacy, including consumer consent requirements.

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

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

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

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

       (E) Revisions.--The Secretary shall periodically review 
     and, as necessary, revise the voluntary guidelines to reflect 
     changes in technology, privacy needs, and the market for 
     electric energy and services.
       (d) Verification and Implementation.--
       (1) In general.--A State may submit to the Secretary a 
     description of the data sharing policies of the State 
     relating to consumer access to electric energy information 
     for certification by the Secretary that the policies meet the 
     voluntary guidelines issued under subsection (c)(2).
       (2) Assistance.--Subject to the availability of funds under 
     paragraph (3), the Secretary shall make Federal amounts 
     available to any State that has data sharing policies 
     described in paragraph (1) that the Secretary certifies meets 
     the voluntary guidelines issued under subsection (c)(2) to 
     assist the State in implementing section 362(d)(17) of

[[Page 13531]]

     the Energy Policy and Conservation Act (42 U.S.C. 
     6322(d)(17)).
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for fiscal year 2015, to remain available until expended.

     SEC. 4_____. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) $200,000,000 for each of fiscal years 2013 and 2014;
       ``(5) $145,000,000 for fiscal year 2015; and
       ``(6) $100,000,000 for each of fiscal years 2016 through 
     2018.''.
                                 ______
                                 
  SA 1912. Mr. UDALL of Colorado (for himself and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill S. 
1392, to promote energy savings in residential buildings and industry, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title I, add the following:

                      Subtitle C--School Buildings

     SEC. 121. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR 
                   SCHOOLS.

       (a) Definition of School.--In this section, the term 
     ``school'' means--
       (1) an elementary school or secondary school (as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801));
       (2) an institution of higher education (as defined in 
     section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(a));
       (3) a school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.) or established under section 2164 of 
     title 10, United States Code;
       (4) a school operated by the Bureau of Indian Affairs;
       (5) a tribally controlled school (as defined in section 
     5212 of the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2511)); and
       (6) a Tribal College or University (as defined in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b))).
       (b) Designation of Lead Agency.--The Secretary, acting 
     through the Office of Energy Efficiency and Renewable Energy, 
     shall act as the lead Federal agency for coordinating and 
     disseminating information on existing Federal programs and 
     assistance that may be used to help initiate, develop, and 
     finance energy efficiency, renewable energy, and energy 
     retrofitting projects for schools.
       (c) Requirements.--In carrying out coordination and 
     outreach under subsection (b), the Secretary shall--
       (1) in consultation and coordination with the appropriate 
     Federal agencies, carry out a review of existing programs and 
     financing mechanisms (including revolving loan funds and loan 
     guarantees) available in or from the Department of 
     Agriculture, the Department of Energy, the Department of 
     Education, the Department of the Treasury, the Internal 
     Revenue Service, the Environmental Protection Agency, and 
     other appropriate Federal agencies with jurisdiction over 
     energy financing and facilitation that are currently used or 
     may be used to help initiate, develop, and finance energy 
     efficiency, renewable energy, and energy retrofitting 
     projects for schools;
       (2) establish a Federal cross-departmental collaborative 
     coordination, education, and outreach effort to streamline 
     communication and promote available Federal opportunities and 
     assistance described in paragraph (1), for energy efficiency, 
     renewable energy, and energy retrofitting projects that 
     enables States, local educational agencies, and schools--
       (A) to use existing Federal opportunities more effectively; 
     and
       (B) to form partnerships with Governors, State energy 
     programs, local educational, financial, and energy officials, 
     State and local government officials, nonprofit 
     organizations, and other appropriate entities, to support the 
     initiation of the projects;
       (3) provide technical assistance for States, local 
     educational agencies, and schools to help develop and finance 
     energy efficiency, renewable energy, and energy retrofitting 
     projects--
       (A) to increase the energy efficiency of buildings or 
     facilities;
       (B) to install systems that individually generate energy 
     from renewable energy resources;
       (C) to establish partnerships to leverage economies of 
     scale and additional financing mechanisms available to larger 
     clean energy initiatives; or
       (D) to promote--
       (i) the maintenance of health, environmental quality, and 
     safety in schools, including the ambient air quality, through 
     energy efficiency, renewable energy, and energy retrofit 
     projects; and
       (ii) the achievement of expected energy savings and 
     renewable energy production through proper operations and 
     maintenance practices;
       (4) develop and maintain a single online resource Web site 
     with contact information for relevant technical assistance 
     and support staff in the Office of Energy Efficiency and 
     Renewable Energy for States, local educational agencies, and 
     schools to effectively access and use Federal opportunities 
     and assistance described in paragraph (1) to develop energy 
     efficiency, renewable energy, and energy retrofitting 
     projects; and
       (5) establish a process for recognition of schools that--
       (A) have successfully implemented energy efficiency, 
     renewable energy, and energy retrofitting projects; and
       (B) are willing to serve as resources for other local 
     educational agencies and schools to assist initiation of 
     similar efforts.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
                                 ______
                                 
  SA 1913. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 9, strike lines 18 through 23.
       At the appropriate place, insert the following:

     SEC. 4___. ELIMINATION OF REGULATION OF PLUMBING SUPPLIES.

       (a) Purpose.--Section 2 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6201) is amended--
       (1) in paragraph (5), by inserting ``and'' after the 
     semicolon at the end;
       (2) in paragraph (7), by striking ``; and'' at the end and 
     inserting a period;
       (3) by striking paragraph (8); and
       (4) by redesignating paragraphs (4), (5), and (7) as 
     paragraphs (3), (4), and (5), respectively.
       (b) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``or, with respect to 
     showerheads, faucets, water closets, and urinals, water''; 
     and
       (B) in the matter following paragraph (1), by striking 
     ``incandescent reflector lamps, showerheads, faucets, water 
     closets, and urinals'' and inserting ``and incandescent 
     reflector lamps'';
       (2) in paragraph (6)--
       (A) in subparagraph (A), by striking ``, or, in the case of 
     showerheads, faucets, water closets, and urinals, water 
     use,'';
       (B) in subparagraph (B), by striking ``(15), (16), (17),''; 
     and
       (C) in the matter following subparagraph (B), by striking 
     ``325(r)'' and inserting ``325(p)'';
       (3) in paragraph (7), by striking ``, and in the case of 
     showerheads, faucets, water closets, and urinals, the 
     aggregate retail cost of water and wastewater treatment 
     services likely to be incurred annually,'' ; and
       (4) by striking paragraph (31) and inserting the following:
       ``(31) ANSI.--The term `ANSI' means the American National 
     Standards Institute.''.
       (c) Coverage.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) is amended--
       (1) by striking paragraphs (15) through (18); and
       (2) by redesignating paragraphs (19) and (20) as paragraphs 
     (15) and (16), respectively.
       (d) Test Procedures.--Section 323 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6293) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``water use (in the case 
     of showerheads, faucets, water closets, and urinals),'';
       (B) in paragraph (4)--
       (i) in the first sentence--

       (I) by striking ``or, in the case of showerheads, faucets, 
     water closets, or urinals, water use''; and
       (II) by striking ``, or in the case of showerheads, 
     faucets, water closets, or urinals, representative average 
     unit costs of water and wastewater treatment service 
     resulting from the operation of such products during such 
     cycle''; and

       (ii) in the second sentence, by striking ``, water, and 
     wastewater treatment''; and
       (C) by striking paragraphs (7) and (8);
       (2) in subsection (c), by striking ``or, in the case of 
     showerheads, faucets, water closets, and urinals, water use'' 
     each place it appears in paragraphs (1) and (2); and
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``, measured energy use, 
     or measured water use'' and inserting ``or measured energy 
     use''; and
       (B) in paragraphs (2) and (3), by striking ``, energy use, 
     or water use'' each place it appears and inserting ``or 
     energy use''.
       (e) Labeling.--Section 324 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by striking subparagraphs (E) and (F); and
       (ii) by redesignating subparagraphs (G) through (I) as 
     subparagraphs (E) through (G), respectively;
       (B) in subsections (a)(3), by striking ``(19)'' and 
     inserting ``(15)'';

[[Page 13532]]

       (2) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``paragraphs (15) 
     through'' and inserting ``paragraph''; and
       (B) in paragraphs (3) and (5), by striking ``(19)'' and 
     inserting ``(15)''; and
       (3) in subsection (c)--
       (A) in paragraph (7), by striking ``(13), (14), (15), (16), 
     (17), and (18)'' and inserting ``(13) and (14)''; and
       (B) by striking paragraph (8).
       (f) Energy Conservation Standards.--Section 325 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295) is 
     amended--
       (1) by striking subsections (j) and (k);
       (2) in subsection (l), by striking ``(19)'' each place it 
     appears in paragraphs (1) and (2) and inserting ``(15)''; and
       (3) in subsection (o)--
       (A) in paragraph (1), by striking ``or, in the case of 
     showerheads, faucets, water closets, or urinals, water 
     use,'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``, or, in the case of 
     showerheads, faucets, water closets, or urinals, water 
     efficiency,''; and
       (ii) in subparagraph (B)--

       (I) in clause (i)--

       (aa) in subclause (III), by striking ``, or as applicable, 
     water,''; and
       (bb) in subclause (VI), by striking ``and water''; and

       (II) in clause (iii), by striking ``, and as applicable, 
     water,''; and

       (C) in paragraph (3)(B), by striking ``, in the case of 
     showerheads, faucets, water closets, or urinals, water, or''.
       (g) Requirements of Manufacturers.--Section 326 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6296) is 
     amended--
       (1) in subsection (b)(4), by striking ``or water use''; and
       (2) in subsection (d)(1), by striking ``, energy use, or, 
     in the case of showerheads, faucets, water closets, and 
     urinals, water use'' and inserting ``or energy use''.
       (h) Effect on Other Law.--Section 327 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6297) is amended--
       (1) by striking ``, energy efficiency, or water use'' each 
     place it appears in subsections (a)(1)(B) and (d)(1)(A), and 
     inserting ``or energy efficiency'';
       (2) by striking ``, energy use, or water use'' each place 
     it appears in subsection (b) and subsection (c), and 
     inserting ``or energy use'';
       (3) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or water use''; and
       (ii) in subparagraph (A), by striking ``, water use,''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Definition of state regulation.--In this section, the 
     term `State regulation' means a law, regulation, or other 
     requirement of a State or the political subdivisions of a 
     State.'';
       (4) in subsection (b)--
       (A) in paragraph (1)(A), by striking ``flow rate 
     requirements for showerheads or faucets, or water use 
     requirements for water closets or urinals,'';
       (B) in paragraph (4), by striking ``, or is a regulation 
     (or portion thereof) regulating showerheads'' and all that 
     follows through ``325(k) is applicable'';
       (C) in paragraph (5), by inserting ``or'' after the 
     semicolon at the end;
       (D) in paragraph (6), by striking ``; or'' at the end and 
     inserting a period; and
       (E) by striking paragraph (7);
       (5) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``subparagraphs (B) and (C) of section 325(j)(3), and 
     subparagraphs (B) and (C) of section 325(k)(3)'';
       (B) by striking paragraphs (4), (5), (6), and (7); and
       (C) by redesignating paragraphs (8) and (9) as paragraphs 
     (4) and (5), respectively; and
       (6) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``or river basin commission'' each place it 
     appears;
       (ii) in subparagraphs (B) and (C), by striking ``or water'' 
     each place it appears; and
       (iii) in subparagraph (C), in the undesignated matter 
     following clause (ii), by striking ``, and, with respect to a 
     State'' and all that follows through ``water supply 
     development''; and
       (B) in paragraph (5)(B)(i)--
       (i) by striking ``or, if the State'' and all that follows 
     through ``emergency condition,'';
       (ii) in subclause (I), by striking ``or, in the case of a 
     water emergency condition, water or wastewater treatment,''; 
     and
       (iii) in subclause (II0, by striking ``or, in the case of a 
     water emergency condition, by the importation of water,''.
       (i) Consumer Education.--Section 337 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6307) is amended by striking 
     subsection (b).

     SEC. 4___. PROHIBITED ACTS.

       (a) In General.--Section 332 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6302) is repealed.
       (b) Conforming Amendments.--
       (1) Section 325(i)(2) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(i)(2)) is amended by striking 
     ``Notwithstanding section 332(a)(5) and section 332(b), it'' 
     and inserting ``It''.
       (2) Sections 331, 333, 334, and 335 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6301, 6303, 6304, 6305) are 
     repealed.
       (3) Section 345(a)(4) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6316(a)(4)) is amended by striking ``(other 
     than in section 333(c))''.
       (4) Section 346 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6317) is amended by striking subsection (f).

     SEC. 4___. VOLUNTARY COMPLIANCE.

       Notwithstanding any other provision of law, any model 
     building code or standard, appliance efficiency standard, or 
     corporate average fuel economy standard established under 
     Federal law shall not be binding on a State, local 
     government, Indian tribe, or individual, as a matter of 
     Federal law.
                                 ______
                                 
  SA 1914. Mr. DONNELLY (for himself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4__. REGULATIONS PROMULGATED UNDER THE CLEAN AIR ACT 
                   REGULATING CARBON DIOXIDE EMISSIONS FROM 
                   INDUSTRIAL SOURCE CATEGORIES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Commercially available.--
       (A) In general.--The term ``commercially available'' means 
     any technology with proven test results for commercial use in 
     an industrial source category application.
       (B) Exclusion.--The term ``commercially available'' does 
     not include a combination of technology from different 
     industrial source applications if the technology has not been 
     proven in combination at a single industrial source category 
     application.
       (3) Industrial source category.--The term ``industrial 
     source category'' includes--
       (A) an electric generating unit;
       (B) a petroleum refinery;
       (C) a petrochemical production facility;
       (D) an industrial boiler;
       (E) a cement kiln;
       (F) a metal smelter;
       (G) a chemical plant;
       (H) a lime manufacturing facility;
       (I) a pulp or paper mill;
       (J) an ammonia manufacturing facility;
       (K) a waste combustor;
       (L) an aluminum production facility;
       (M) a feroalloy production facility; and
       (N) an electronics manufacturing facility.
       (b) Regulations.--If the Administrator promulgates a 
     regulation under section 111(b) of the Clean Air Act (42 
     U.S.C. 7411(b)) regulating carbon dioxide emissions from an 
     industrial source category, the Administrator shall 
     promulgate the regulation using emissions rates based on 
     efficiencies achievable by the best demonstrated technology--
       (1) subcategorized by fuel type; and
       (2) that is commercially available.
                                 ______
                                 
  SA 1915. Mr. SANDERS (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 47, strike line 17 and all that follows 
     through page 48, line 2, and insert the following:

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Consumer-friendly.--The term `consumer-friendly', 
     with respect to a loan repayment approach, means a loan 
     repayment approach that--
       ``(A) emphasizes convenience for customers;
       ``(B) is of low cost to consumers; and
       ``(C) emphasizes simplicity and ease of use for consumers 
     in the billing process.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State or territory of the United States; and
       ``(B) an Indian tribal government.
       ``(3) Energy advisor program.--
       ``(A) In general.--The term `energy advisor program' means 
     any program to provide to owners or residents of residential 
     buildings advice, information, and support in the 
     identification, prioritization, and implementation of energy 
     efficiency and energy savings measures.
       ``(B) Inclusions.--The term `energy advisor program' 
     includes a program that provides--
       ``(i) interpretation of energy audit reports;

[[Page 13533]]

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

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

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

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

       ``(v) such other factors as the Secretary determines to be 
     appropriate; and
       ``(D) not provide an advantage or disadvantage to 
     applications that include renewable energy in the program.
       ``(d) Administrative Provisions.--
       ``(1) Term.--The Secretary shall establish terms for loans 
     provided to eligible entities under this section--
       ``(A) in a manner that--
       ``(i) provides for a high degree of cost recovery; and
       ``(ii) ensures that, with respect to all loans provided to 
     or by eligible entities under this section, the loans are 
     competitive with, or superior to, other forms of financing 
     for similar purposes; and
       ``(B) subject to the condition that the term of a loan 
     provided to an eligible entity under this section shall not 
     exceed 35 years.
       ``(2) Interest rates.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary, at the discretion of the Secretary, shall charge 
     interest on a loan provided to an eligible entity under this 
     section at a fixed rate equal, or approximately equal, to the 
     interest rate charged on Treasury securities of comparable 
     maturity.
       ``(B) Leveraged loans.--The interest rate and other terms 
     of the loans provided to eligible entities under this section 
     shall be established in a manner that ensures that the total 
     amount of the loans is equal to not less than 20 times, and 
     not more than 50 times, the amount appropriated for credit 
     subsidy costs pursuant to subsection (h)(i).
       ``(3) No penalty on early repayment.--The Secretary shall 
     not assess any penalty for early repayment by an eligible 
     entity of a loan provided under this section.
       ``(4) Return of unused portion.--As a condition of receipt 
     of a loan under this section, an eligible entity shall agree 
     to return to the general fund of the Treasury any portion of 
     the loan amount that is unused by the eligible entity within 
     a reasonable period after the date of receipt of the loan, as 
     determined by the Secretary.
       ``(e) Use of Funds.--
       ``(1) In general.--An eligible entity shall use a loan 
     provided under this section to establish or expand 1 or more 
     financing programs--
       ``(A) the purpose of which is to enable residential 
     building owners or tenants to conduct energy efficiency 
     upgrades of residential buildings;
       ``(B) that may, at the sole discretion of the eligible 
     entity, require an outlay of capital by owners or residents 
     of residential buildings in accordance with the goals of the 
     program under this section; and
       ``(C) that incorporate a consumer-friendly loan repayment 
     approach.
       ``(2) Structure of financing program.--A financing program 
     of an eligible entity may--
       ``(A) consist--
       ``(i) primarily or entirely of a financing program 
     administered by--

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

       ``(ii) of a combination of programs described in clause 
     (i);
       ``(B) rely on financing provided by--
       ``(i) the eligible entity; or
       ``(ii) a third party, acting through the eligible entity; 
     and
       ``(C) include a provision pursuant to which a recipient of 
     assistance under the financing program shall agree to return 
     to the eligible entity any portion of the assistance that is 
     unused by the recipient within a reasonable period after the 
     date of receipt of the assistance, as determined by the 
     eligible entity.
       ``(3) Form of assistance.--Assistance from an eligible 
     entity under this subsection may be provided in any form, or 
     in accordance with any program, authorized by Federal law 
     (including regulations), including in the form of--
       ``(A) a revolving loan fund;
       ``(B) a credit enhancement structure designed to mitigate 
     the effects of default; or

[[Page 13534]]

       ``(C) a program that--
       ``(i) adopts any other approach for providing financing for 
     energy efficiency upgrades producing significant energy 
     efficiency gains; and
       ``(ii) incorporates measures for making the loan repayment 
     system for recipients of financing as consumer-friendly as 
     practicable.
       ``(4) Scope of assistance.--Assistance provided by an 
     eligible entity under this subsection may be used to pay for 
     costs associated with carrying out an energy efficiency 
     upgrade, including materials and labor.
       ``(5) Additional assistance.--In addition to the amount of 
     the loan provided to an eligible entity by the Secretary 
     under subsection (b), the eligible entity may provide to 
     recipients such assistance under this subsection as the 
     eligible entity considers to be appropriate from any other 
     funds of the eligible entity, including funds provided to the 
     eligible entity by the Secretary for administrative costs 
     pursuant to this section.
       ``(6) Limitations.--
       ``(A) Interest rates.--
       ``(i) Interest charged by eligible entities.--The interest 
     rate charged by an eligible entity on assistance provided 
     under this subsection--

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

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

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

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

              ``Part D--State Energy Conservation Programs

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

     SEC. 4____. OFFSET.

       Section 422(f) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17082(f)) is amended--
       (1) in paragraph (3), by striking ``and'' after the 
     semicolon at the end; and
       (2) by striking paragraph (4) and inserting the following:
       ``(4) $200,000,000 for fiscal year 2013;
       ``(5) $125,000,000 for fiscal year 2014;
       ``(6) $85,000,000 for fiscal year 2015;
       ``(7) $80,000,000 for fiscal year 2016;
       ``(8) $70,000,000 for fiscal year 2017; and
       ``(9) $70,000,000 for fiscal year 2018.''.
                                 ______
                                 
  SA 1916. Mr. HOEVEN (for himself and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 48, after line 16, add the following:

     SEC. 4__. GRID-ENABLED WATER HEATERS.

       Part B of title III of the Energy Policy and Conservation 
     Act (42 U.S.C. 6291 et seq.) is amended--
       (1) in section 325(e), by adding at the end the following:
       ``(6) Additional standards for grid-enabled water 
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Activation key.--The term `activation key' means a 
     physical device or control directly on the water heater, a 
     software code, or a digital communication means--

       ``(I) that must be activated to enable the product to 
     operate continuously and at its designed specifications and 
     capabilities; and
       ``(II) without which activation the product will provide 
     not greater than 50 percent of the rated first hour delivery 
     of hot water certified by the manufacturer.

       ``(ii) Grid-enabled water heater.--The term `grid-enabled 
     water heater' means an electric resistance water heater--

       ``(I) with a rated storage tank volume of more than 75 
     gallons;
       ``(II) manufactured on or after April 16, 2015;
       ``(III) that has--

       ``(aa) an energy factor of not less than 1.061 minus the 
     product obtained by multiplying--
       ``(AA) the rated storage volume of the tank, expressed in 
     gallons; and
       ``(BB) 0.00168; or
       ``(bb) an efficiency level equivalent to the energy factor 
     under item (aa) and expressed as a uniform energy descriptor 
     based on the revised test procedure for water heaters 
     described in paragraph (5);

       ``(IV) equipped by the manufacturer with an activation key; 
     and
       ``(V) that bears a permanent label applied by the 
     manufacturer that--

       ``(aa) is made of material not adversely affected by water;
       ``(bb) is attached by means of non-water-soluble adhesive; 
     and
       ``(cc) advises purchasers and end-users of the intended and 
     appropriate use of the product with the following notice 
     printed in 16.5 point Arial Narrow Bold font:

     ```IMPORTANT INFORMATION: This water heater is intended only 
     for use as part of an electric thermal storage or demand 
     response program. It will not provide adequate hot water 
     unless enrolled in such a program and activated by your 
     utility company or another program operator. Confirm the 
     availability of a program in your local area before 
     purchasing or installing this product.'.
       ``(B) Requirement.--The manufacturer or private labeler 
     shall provide the activation key only to utilities or other 
     companies operating electric thermal storage or demand

[[Page 13535]]

     response programs that use grid-enabled water heaters.
       ``(C) Reports.--
       ``(i) Manufacturers.--The Secretary shall require each 
     manufacturer of grid-enabled water heaters to report to the 
     Secretary annually the number of grid-enabled water heaters 
     that the manufacturer ships each year.
       ``(ii) Operators.--The Secretary shall require utilities 
     and other demand response and thermal storage program 
     operators to report annually the number of grid-enabled water 
     heaters activated for their programs using forms of the 
     Energy Information Agency or using such other mechanism that 
     the Secretary determines appropriate after an opportunity for 
     notice and comment.
       ``(iii) Confidentiality requirements.--The Secretary shall 
     treat shipment data reported by manufacturers as confidential 
     business information.
       ``(D) Publication of information.--
       ``(i) In general.--In 2017 and 2019, the Secretary shall 
     publish an analysis of the data collected under subparagraph 
     (C) to assess the extent to which shipped products are put 
     into use in demand response and thermal storage programs.
       ``(ii) Prevention of product diversion.--If the Secretary 
     determines that sales of grid-enabled water heaters exceed by 
     15 percent or greater the number of such products activated 
     for use in demand response and thermal storage programs 
     annually, the Secretary shall, after opportunity for notice 
     and comment, establish procedures to prevent product 
     diversion for non-program purposes.
       ``(E) Compliance.--
       ``(i) In general.--Subparagraphs (A) through (D) shall 
     remain in effect until the Secretary determines under this 
     section that grid-enabled water heaters do not require a 
     separate efficiency requirement.
       ``(ii) Effective date.--If the Secretary exercises the 
     authority described in clause (i) or amends the efficiency 
     requirement for grid-enabled water heaters, that action will 
     take effect on the date described in subsection 
     (m)(4)(A)(ii).
       ``(iii) Consideration.--In carrying out this section with 
     respect to electric water heaters, the Secretary shall 
     consider the impact on thermal storage and demand response 
     programs, including the consequent impact on energy savings, 
     electric bills, electric reliability, integration of 
     renewable resources, and the environment.
       ``(iv) Requirements.--In carrying out this subparagraph, 
     the Secretary shall require that grid-enabled water heaters 
     be equipped with communication capability to enable the grid-
     enabled water heaters to participate in ancillary services 
     programs if the Secretary determines that the technology is 
     available, practical, and cost-effective.''; and
       (2) in section 332--
       (A) in paragraph (5), by striking ``or'' at the end;
       (B) in the first paragraph (6), by striking the period at 
     the end and inserting a semicolon;
       (C) by redesignating the second paragraph (6) as paragraph 
     (7);
       (D) in subparagraph (B) of paragraph (7) (as so 
     redesignated), by striking the period at the end and 
     inserting ``; or''; and
       (E) by adding at the end the following:
       ``(8) with respect to grid-enabled water heaters that are 
     not used as part of an electric thermal storage or demand 
     response program, for any person knowingly and repeatedly--
       ``(A) to distribute activation keys for those grid-enabled 
     water heaters;
       ``(B) otherwise to enable the full operation of those grid-
     enabled water heaters; or
       ``(C) to remove or render illegible the labels of those 
     grid-enabled water heaters.''.
                                 ______
                                 
  SA 1917. Mr. HOEVEN (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4___. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL 
                   BUILDINGS.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253(a)) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Energy Performance Requirement for Federal 
     Buildings.--
       ``(1) Requirement.--Subject to paragraph (2), each agency 
     shall apply energy conservation measures to, and shall 
     improve the design for the construction of, the Federal 
     buildings of the agency (including each industrial or 
     laboratory facility) so that the energy consumption per gross 
     square foot of the Federal buildings of the agency in fiscal 
     years 2006 through 2017 is reduced, as compared with the 
     energy consumption per gross square foot of the Federal 
     buildings of the agency in fiscal year 2003, by the 
     percentage specified in the following table:
                                                             Percentage
``Fiscal Year                                                 Reduction
  2006..............................................................  2
  2007..............................................................  4
  2008..............................................................  9
  2009.............................................................. 12
  2010.............................................................. 15
  2011.............................................................. 18
  2012.............................................................. 21
  2013.............................................................. 24
  2014.............................................................. 27
  2015.............................................................. 30
  2016.............................................................. 33
  2017.............................................................. 36

       ``(2) Exclusion for buildings with energy intensive 
     activities.--
       ``(A) In general.--An agency may exclude from the 
     requirements of paragraph (1) any building (including the 
     associated energy consumption and gross square footage) in 
     which energy intensive activities are carried out.
       ``(B) Reports.--Each agency shall identify and list in each 
     report made under section 548(a) the buildings designated by 
     the agency for exclusion under subparagraph (A).
       ``(3) Review.--Not later than December 31, 2017, the 
     Secretary shall--
       ``(A) review the results of the implementation of the 
     energy performance requirements established under paragraph 
     (1); and
       ``(B) based on the review conducted under subparagraph (A), 
     submit to Congress a report that addresses the feasibility of 
     requiring each agency to apply energy conservation measures 
     to, and improve the design for the construction of, the 
     Federal buildings of the agency (including each industrial or 
     laboratory facility) so that the energy consumption per gross 
     square foot of the Federal buildings of the agency in each of 
     fiscal years 2018 through 2030 is reduced, as compared with 
     the energy consumption per gross square foot of the Federal 
     buildings of the agency in the prior fiscal year, by 3 
     percent.''; and
       (2) in subsection (f)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (F), (G), and (H), respectively; and
       (ii) by inserting after subparagraph (D) the following:
       ``(E) Ongoing commissioning.--The term `ongoing 
     commissioning' means an ongoing process of commissioning 
     using monitored data, the primary goal of which is to ensure 
     continuous optimum performance of a facility, in accordance 
     with design or operating needs, over the useful life of the 
     facility, while meeting facility occupancy requirements.'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Energy management system.--An energy manager 
     designated under subparagraph (A) shall consider use of a 
     system to manage energy use at the facility and certification 
     of the facility in accordance with the International 
     Organization for Standardization standard numbered 50001 and 
     entitled `Energy Management Systems'.'';
       (C) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) Energy and water evaluations and commissioning.--
       ``(A) Evaluations.--Except as provided in subparagraph (B), 
     effective beginning on the date that is 180 days after the 
     date of enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, and annually thereafter, each 
     energy manager shall complete, for each calendar year, a 
     comprehensive energy and water evaluation and recommissioning 
     or retrocommissioning for approximately 25 percent of the 
     facilities of each agency that meet the criteria under 
     paragraph (2)(B) in a manner that ensures that an evaluation 
     of each facility is completed at least once every 4 years.
       ``(B) Exceptions.--An evaluation and recommissioning shall 
     not be required under subparagraph (A) with respect to a 
     facility that--
       ``(i) has had a comprehensive energy and water evaluation 
     during the 8-year period preceding the date of the 
     evaluation;
       ``(ii)(I) has been commissioned, recommissioned, or 
     retrocommissioned during the 10-year period preceding the 
     date of the evaluation; or
       ``(II) is under ongoing commissioning;
       ``(iii) has not had a major change in function or use since 
     the previous evaluation and commissioning;
       ``(iv) has been benchmarked with public disclosure under 
     paragraph (8) within the year preceding the evaluation; and
       ``(v)(I) based on the benchmarking, has achieved at a 
     facility level the most recent cumulative energy savings 
     target under subsection (a) compared to the earlier of--

       ``(aa) the date of the most recent evaluation; or
       ``(bb) the date--

       ``(AA) of the most recent commissioning, recommissioning, 
     or retrocommissioning; or
       ``(BB) on which ongoing commissioning began; or
       ``(II) has a long-term contract in place guaranteeing 
     energy savings at least as great as the energy savings target 
     under subclause (I).
       ``(4) Implementation of identified energy and water 
     efficiency measures.--
       ``(A) In general.--Not later than 2 years after the date of 
     completion of each evaluation under paragraph (3), each 
     energy manager may--

[[Page 13536]]

       ``(i) implement any energy- or water-saving measure that 
     the Federal agency identified in the evaluation conducted 
     under paragraph (3) that is life-cycle cost effective; and
       ``(ii) bundle individual measures of varying paybacks 
     together into combined projects.
       ``(B) Measures not implemented.--The energy manager shall, 
     as part of the certification system under paragraph (7), 
     explain the reasons why any life-cycle cost effective 
     measures were not implemented under subparagraph (A) using 
     guidelines developed by the Secretary.''; and
       (D) in paragraph (7)(C), by adding at the end the 
     following:
       ``(iii) Summary report.--The Secretary shall make available 
     a report that summarizes the information tracked under 
     subparagraph (B)(i) by each agency and, as applicable, by 
     each type of measure.''.

     SEC. 4___. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
                   STANDARDS; CERTIFICATION SYSTEM AND LEVEL FOR 
                   GREEN BUILDINGS.

       (a) Definitions.--Section 303 of the Energy Conservation 
     and Production Act (42 U.S.C. 6832) is amended--
       (1) in paragraph (6), by striking ``to be constructed'' and 
     inserting ``constructed or altered''; and
       (2) by adding at the end the following:
       ``(17) Major renovation.--The term `major renovation' means 
     a modification of building energy systems sufficiently 
     extensive that the whole building can meet energy standards 
     for new buildings, based on criteria to be established by the 
     Secretary through notice and comment rulemaking.''.
       (b) Federal Building Efficiency Standards.--Section 305 of 
     the Energy Conservation and Production Act (42 U.S.C. 6834) 
     is amended--
       (1) in subsection (a)(3)--
       (A) strike ``(3)(A) Not later than'' and all that follows 
     through subparagraph (B):
       ``(3) Revised federal building energy efficiency 
     performance standards; certification for green buildings.--
       ``(A) Revised federal building energy efficiency 
     performance standards.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013 and after the date of approval of 
     each subsequent revision of ASHRAE Standard 90.1 or the 
     International Energy Conservation Code, as appropriate, the 
     Secretary shall establish, by rule, revised Federal building 
     energy efficiency performance standards that require that--

       ``(I) new Federal buildings and alterations and additions 
     to existing Federal buildings--

       ``(aa) meet or exceed the most recent revision of the 
     International Energy Conservation Code (in the case of 
     residential buildings) or ASHRAE Standard 90.1 (in the case 
     of commercial buildings) that the Secretary determines saves 
     energy compared to previous versions of the Code or Standard; 
     and
       ``(bb) meet or exceed the energy provisions of state and 
     local building codes applicable to the building, if the codes 
     are more stringent than the International Energy Conservation 
     Code or ASHRAE Standard 90.1, as applicable;

       ``(II) unless demonstrated not to be life-cycle cost 
     effective for new Federal buildings and Federal buildings 
     with major renovations--

       ``(aa) the buildings be designed to achieve energy 
     consumption levels that are at least 30 percent below the 
     levels established in the version of the ASHRAE Standard or 
     the International Energy Conservation Code, as appropriate, 
     that is applied under clause (i); and
       ``(bb) sustainable design principles are applied to the 
     siting, design, and construction of all new Federal buildings 
     and replacement Federal buildings;

       ``(III) if water is used to achieve energy efficiency, 
     water conservation technologies shall be applied to the 
     extent that the technologies are life-cycle cost effective; 
     and
       ``(IV) if life-cycle cost effective, as compared to other 
     reasonably available technologies, not less than 30 percent 
     of the hot water demand for each new Federal building or 
     Federal building undergoing a major renovation be met through 
     the installation and use of solar hot water heaters.

       ``(ii) Limitation.--Clause (i)(I) shall not apply to 
     unaltered portions of existing Federal buildings and systems 
     that have been added to or altered.'';
       (B) in subparagraph (C), by striking ``(C) In the budget 
     request'' and inserting the following:
       ``(B) Budget request.--In the budget request''; and
       (C) in subparagraph (D)--
       (i) by striking clause ``(D) Not later than'' and all that 
     follows through the first sentence of subclause (III) and 
     insert the following:
       ``(C) Certification for green buildings.--
       ``(i) In general.--'';
       (ii) by striking clause (ii);
       (iii) in clause (iii), by striking ``(iii) In identifying'' 
     and insert the following:
       ``(ii) Considerations.--In identifying'';
       (iv) in clause (iv)--

       (I) by striking ``(iv) At least once'' and inserting the 
     following:

       ``(iii) Study.--At least once''; and

       (II) by striking ``clause (iii)'' and inserting ``clause 
     (ii)'';

       (v) in clause (v)--

       (I) by striking ``(v) The Secretary may'' and inserting the 
     following:

       ``(iv) Internal certification processes.--The Secretary 
     may''; and

       (II) by striking ``clause (i)(III)'' each place it appears 
     and inserting ``clause (i)'';

       (vi) in clause (vi)--

       (I) by striking ``(vi) With respect'' and inserting the 
     following:

       ``(v) Privatized military housing.--With respect''; and

       (II) by striking ``develop alternative criteria to those 
     established by subclauses (I) and (III) of clause (i) that 
     achieve an equivalent result in terms of energy savings, 
     sustainable design, and'' and inserting ``develop alternative 
     certification systems and levels than the systems and levels 
     identified under clause (i) that achieve an equivalent result 
     in terms of''; and

       (vii) in clause (vii), by striking ``(vii) In addition to'' 
     and inserting the following:
       ``(vi) Water conservation technologies.--In addition to''; 
     and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Periodic Review.--The Secretary shall--
       ``(1) every 5 years, review the Federal building energy 
     standards established under this section; and
       ``(2) on completion of a review under paragraph (1), if the 
     Secretary determines that significant energy savings would 
     result, upgrade the standards to include all new energy 
     efficiency and renewable energy measures that are 
     technologically feasible and economically justified.''.
                                 ______
                                 
  SA 1918. Mr. McCAIN (for himself and Mr. Flake) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 23, between lines 5 and 6, insert the following:

     SEC. 102. LIMITATION.

       The General Services Administration and the Department of 
     Homeland Security may not construct a building that meets a 
     third party certification standard for sustainability or 
     energy efficiency purposes if--
       (1) the primary purpose of the construction project is for 
     the rental, lease, or sale of 1 or more single family homes 
     or residential housing units to Federal Government personnel, 
     Federal Government contractors, or the immediate family 
     members of such individuals; and
       (2) the construction cost per square foot for such project 
     is anticipated to exceed the average construction cost per 
     square foot of single family homes or residential housing 
     units built during the same fiscal year within the same or an 
     adjacent metropolitan statistical area by at least 5 percent.
                                 ______
                                 
  SA 1919. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 1392, to promote energy savings in 
residential buildings and industry, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4___. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL 
                   BUILDINGS.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253(a)) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Energy Performance Requirement for Federal 
     Buildings.--
       ``(1) Requirement.--Subject to paragraph (2), each agency 
     shall apply energy conservation measures to, and shall 
     improve the design for the construction of, the Federal 
     buildings of the agency (including each industrial or 
     laboratory facility) so that the energy consumption per gross 
     square foot of the Federal buildings of the agency in fiscal 
     years 2006 through 2017 is reduced, as compared with the 
     energy consumption per gross square foot of the Federal 
     buildings of the agency in fiscal year 2003, by the 
     percentage specified in the following table:

                                                             Percentage
``Fiscal Year                                                 Reduction
  2006..............................................................  2
  2007..............................................................  4
  2008..............................................................  9
  2009.............................................................. 12
  2010.............................................................. 15
  2011.............................................................. 18
  2012.............................................................. 21
  2013.............................................................. 24
  2014.............................................................. 27
  2015.............................................................. 30
  2016.............................................................. 33
  2017.............................................................. 36
       ``(2) Exclusion for buildings with energy intensive 
     activities.--
       ``(A) In general.--An agency may exclude from the 
     requirements of paragraph (1) any building (including the 
     associated energy consumption and gross square footage) in 
     which energy intensive activities are carried out.
       ``(B) Reports.--Each agency shall identify and list in each 
     report made under section

[[Page 13537]]

     548(a) the buildings designated by the agency for exclusion 
     under subparagraph (A).
       ``(3) Review.--Not later than December 31, 2017, the 
     Secretary shall--
       ``(A) review the results of the implementation of the 
     energy performance requirements established under paragraph 
     (1); and
       ``(B) based on the review conducted under subparagraph (A), 
     submit to Congress a report that addresses the feasibility of 
     requiring each agency to apply energy conservation measures 
     to, and improve the design for the construction of, the 
     Federal buildings of the agency (including each industrial or 
     laboratory facility) so that the energy consumption per gross 
     square foot of the Federal buildings of the agency in each of 
     fiscal years 2018 through 2030 is reduced, as compared with 
     the energy consumption per gross square foot of the Federal 
     buildings of the agency in the prior fiscal year, by 3 
     percent.''; and
       (2) in subsection (f)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (F), (G), and (H), respectively; and
       (ii) by inserting after subparagraph (D) the following:
       ``(E) Ongoing commissioning.--The term `ongoing 
     commissioning' means an ongoing process of commissioning 
     using monitored data, the primary goal of which is to ensure 
     continuous optimum performance of a facility, in accordance 
     with design or operating needs, over the useful life of the 
     facility, while meeting facility occupancy requirements.'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Energy management system.--An energy manager 
     designated under subparagraph (A) shall consider use of a 
     system to manage energy use at the facility and certification 
     of the facility in accordance with the International 
     Organization for Standardization standard numbered 50001 and 
     entitled `Energy Management Systems'.'';
       (C) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) Energy and water evaluations and commissioning.--
       ``(A) Evaluations.--Except as provided in subparagraph (B), 
     effective beginning on the date that is 180 days after the 
     date of enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013, and annually thereafter, each 
     energy manager shall complete, for each calendar year, a 
     comprehensive energy and water evaluation and recommissioning 
     or retrocommissioning for approximately 25 percent of the 
     facilities of each agency that meet the criteria under 
     paragraph (2)(B) in a manner that ensures that an evaluation 
     of each facility is completed at least once every 4 years.
       ``(B) Exceptions.--An evaluation and recommissioning shall 
     not be required under subparagraph (A) with respect to a 
     facility that--
       ``(i) has had a comprehensive energy and water evaluation 
     during the 8-year period preceding the date of the 
     evaluation;
       ``(ii)(I) has been commissioned, recommissioned, or 
     retrocommissioned during the 10-year period preceding the 
     date of the evaluation; or
       ``(II) is under ongoing commissioning;
       ``(iii) has not had a major change in function or use since 
     the previous evaluation and commissioning;
       ``(iv) has been benchmarked with public disclosure under 
     paragraph (8) within the year preceding the evaluation; and
       ``(v)(I) based on the benchmarking, has achieved at a 
     facility level the most recent cumulative energy savings 
     target under subsection (a) compared to the earlier of--

       ``(aa) the date of the most recent evaluation; or
       ``(bb) the date--

       ``(AA) of the most recent commissioning, recommissioning, 
     or retrocommissioning; or
       ``(BB) on which ongoing commissioning began; or
       ``(II) has a long-term contract in place guaranteeing 
     energy savings at least as great as the energy savings target 
     under subclause (I).
       ``(4) Implementation of identified energy and water 
     efficiency measures.--
       ``(A) In general.--Not later than 2 years after the date of 
     completion of each evaluation under paragraph (3), each 
     energy manager may--
       ``(i) implement any energy- or water-saving measure that 
     the Federal agency identified in the evaluation conducted 
     under paragraph (3) that is life-cycle cost effective; and
       ``(ii) bundle individual measures of varying paybacks 
     together into combined projects.
       ``(B) Measures not implemented.--The energy manager shall, 
     as part of the certification system under paragraph (7), 
     explain the reasons why any life-cycle cost effective 
     measures were not implemented under subparagraph (A) using 
     guidelines developed by the Secretary.''; and
       (D) in paragraph (7)(C), by adding at the end the 
     following:
       ``(iii) Summary report.--The Secretary shall make available 
     a report that summarizes the information tracked under 
     subparagraph (B)(i) by each agency and, as applicable, by 
     each type of measure.''.

     SEC. 4_. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE 
                   STANDARDS; CERTIFICATION SYSTEM AND LEVEL FOR 
                   GREEN BUILDINGS.

       (a) Definitions.--Section 303 of the Energy Conservation 
     and Production Act (42 U.S.C. 6832) is amended--
       (1) in paragraph (6), by striking ``to be constructed'' and 
     inserting ``constructed or altered''; and
       (2) by adding at the end the following:
       ``(17) Major renovation.--The term `major renovation' means 
     a modification of building energy systems sufficiently 
     extensive that the whole building can meet energy standards 
     for new buildings, based on criteria to be established by the 
     Secretary through notice and comment rulemaking.''.
       (b) Federal Building Efficiency Standards.--Section 305 of 
     the Energy Conservation and Production Act (42 U.S.C. 6834) 
     is amended--
       (1) in subsection (a)(3)--
       (A) by striking ``(3)(A) Not later than'' and all that 
     follows through subparagraph (B) and inserting the following:
       ``(3) Revised federal building energy efficiency 
     performance standards; certification for green buildings.--
       ``(A) Revised federal building energy efficiency 
     performance standards.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Energy Savings and Industrial 
     Competitiveness Act of 2013 and after the date of approval of 
     each subsequent revision of ASHRAE Standard 90.1 or the 
     International Energy Conservation Code, as appropriate, the 
     Secretary shall establish, by rule, revised Federal building 
     energy efficiency performance standards that require that--

       ``(I) new Federal buildings and alterations and additions 
     to existing Federal buildings--

       ``(aa) meet or exceed the most recent revision of the 
     International Energy Conservation Code (in the case of 
     residential buildings) or ASHRAE Standard 90.1 (in the case 
     of commercial buildings) that the Secretary determines saves 
     energy compared to previous versions of the Code or Standard; 
     and
       ``(bb) meet or exceed the energy provisions of State and 
     local building codes applicable to the building, if the codes 
     are more stringent than the International Energy Conservation 
     Code or ASHRAE Standard 90.1, as applicable;

       ``(II) unless demonstrated not to be life-cycle cost 
     effective for new Federal buildings and Federal buildings 
     with major renovations--

       ``(aa) the buildings be designed to achieve energy 
     consumption levels that are at least 30 percent below the 
     levels established in the version of the ASHRAE Standard or 
     the International Energy Conservation Code, as appropriate, 
     that is applied under clause (i); and
       ``(bb) sustainable design principles are applied to the 
     location, siting, design, and construction of all new Federal 
     buildings and replacement Federal buildings;

       ``(III) if water is used to achieve energy efficiency, 
     water conservation technologies shall be applied to the 
     extent that the technologies are life-cycle cost effective; 
     and
       ``(IV) if life-cycle cost effective, as compared to other 
     reasonably available technologies, not less than 30 percent 
     of the hot water demand for each new Federal building or 
     Federal building undergoing a major renovation be met through 
     the installation and use of solar hot water heaters.

       ``(ii) Limitation.--Clause (i)(I) shall not apply to 
     unaltered portions of existing Federal buildings and systems 
     that have been added to or altered.'';
       (B) in subparagraph (C), by striking ``(C) In the budget 
     request'' and inserting the following:
       ``(B) Budget request.--In the budget request''; and
       (C) in subparagraph (D)--
       (i) by striking ``(D) Not later than'' and inserting the 
     following:
       ``(C) Energy consumption reduction.--Not later than'';
       (ii) by striking ``(i) For new Federal buildings'' and all 
     that follows through the first sentence of subclause (III) 
     and inserting the following:
       ``(i) New or renovated federal buildings.--For new Federal 
     buildings and Federal buildings undergoing major renovations, 
     the following requirements shall apply:

       ``(I) In general.--The buildings shall be designed such 
     that:

       ``(aa) The energy consumption of the buildings is reduced, 
     as compared with energy consumption by similar buildings in 
     fiscal year 2003 (as measured by Commercial Building Energy 
     Consumption Survey or Residential Energy Consumption Survey 
     data from the Energy Information Agency) by the percentage 
     specified in the following table:


------------------------------------------------------------------------
                                                           Percentage
                    ``Fiscal Year                          Reduction
------------------------------------------------------------------------
2020.................................................                 80
2025.................................................                 90
------------------------------------------------------------------------

       ``(bb) Beginning in 2030, the buildings shall be designed 
     to be zero-net-energy buildings (as defined in Executive 
     Order 13514 (74 Fed. Reg. 52126)).

       ``(II) Calculation.--For purposes of calculating a 
     reduction in energy consumption

[[Page 13538]]

     under this clause, electricity or thermal energy produced 
     without the direct emission of greenhouse gases (including 
     energy consumption offset by the use of renewable energy 
     credits) shall not be counted as energy consumed by a 
     building.
       ``(III) Exclusion.--The Secretary may allow energy 
     consumption from combined heat and power systems that achieve 
     at least 80 percent efficiency (or a higher percentage as 
     specified by the Secretary) to be excluded from the 
     calculation of whether a building achieves the requirements 
     under subclause (I)(aa) if the Secretary finds that the 
     exclusion would produce a substantial efficiency or 
     environmental benefit that would not otherwise be achieved.
       ``(IV) Downward adjustment.--

       ``(aa) In general.--On petition by an agency subject to 
     this subparagraph, the Secretary may adjust the applicable 
     requirement under subclause (I)(aa) downward with respect to 
     a specific building, if--
       ``(AA) the head of the agency designing the building 
     certifies in writing that meeting the requirement would be 
     technically impracticable in light of the specified 
     functional needs of the agency for that building; and
       ``(BB) the Secretary concurs with the conclusion of the 
     agency.
       ``(bb) Exclusion.--This subclause shall not apply to the 
     General Services Administration.
       ``(D) Certification for green buildings.--
       ``(i) In general.--'';
       (iii) by striking clause (ii);
       (iv) in clause (iii), by striking ``(iii) In identifying'' 
     and inserting the following:
       ``(ii) Considerations.--In identifying'';
       (v) in clause (iv)--

       (I) by striking ``(iv) At least once'' and inserting the 
     following:

       ``(iii) Study.--At least once''; and

       (II) by striking ``clause (iii)'' and inserting ``clause 
     (ii)'';

       (vi) in clause (v)--

       (I) by striking ``(v) The Secretary may'' and inserting the 
     following:

       ``(iv) Internal certification processes.--The Secretary 
     may''; and

       (II) by striking ``clause (i)(III)'' each place it appears 
     and inserting ``clause (i)'';

       (vii) in clause (vi)--

       (I) by striking ``(vi) With respect'' and inserting the 
     following:

       ``(v) Privatized military housing.--With respect''; and

       (II) by striking ``develop alternative criteria to those 
     established by subclauses (I) and (III) of clause (i) that 
     achieve an equivalent result in terms of energy savings, 
     sustainable design, and'' and inserting ``develop alternative 
     certification systems and levels than the systems and levels 
     identified under clause (i) that achieve an equivalent result 
     in terms of''; and

       (viii) in clause (vii), by striking ``(vii) In addition 
     to'' and inserting the following:
       ``(vi) Water conservation technologies.--In addition to''; 
     and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Periodic Review.--The Secretary shall--
       ``(1) once every 5 years, review the Federal building 
     energy standards established under this section; and
       ``(2) on completion of a review under paragraph (1), 
     upgrade the standards to include all new energy efficiency 
     and renewable energy measures that are technologically 
     feasible and economically justified, if the Secretary 
     determines that significant energy savings would result.''.
                                 ______
                                 
  SA 1920. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. COMMUNITY ENERGY PROGRAM.

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

     ``SEC. 364A. COMMUNITY ENERGY PROGRAM.

       ``(a) In General.--The Secretary, acting in conjunction 
     with State energy offices, shall establish and carry out a 
     community energy program under which the Secretary shall make 
     grants to eligible entities to support community energy 
     systems improvement projects, including projects involving 
     energy assessments, development of energy system improvement 
     strategies, and implementation of those strategies so as to 
     reduce energy usage and increase energy supplied from 
     renewable resources.
       ``(b) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be--
       ``(1) a municipality (including a town or city or other 
     local unit of government); or
       ``(2) a nonprofit institutional entity (including an 
     institution of higher education, hospital, or school system).
       ``(c) Application Requirements.--To be eligible to receive 
     a grant under this section, an eligible entity shall--
       ``(1) provide to the Secretary evidence that the entity has 
     a commitment to improving the energy systems of the entity;
       ``(2) encourage broad citizen participation in the project 
     carried out with the grant;
       ``(3) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require; and
       ``(4) meet such other eligibility criteria as are 
     established by the Secretary.
       ``(d) Types of Grants.--The Secretary shall provide to 
     eligible entities under this section--
       ``(1) planning and assessment grants to support--
       ``(A) the assessment of current energy types and uses of 
     the eligible entity;
       ``(B) the identification of potential alternative energy 
     resources to serve the energy needs of the eligible entity, 
     including energy efficiency measures and renewable energy 
     systems; and
       ``(C) the development of energy improvement project plans 
     that specify energy efficiency measures to be adopted and 
     renewable energy systems to be installed; and
       ``(2) implementation project grants to support the 
     implementation of energy system improvements, regardless of 
     whether the eligible entities received planning and 
     assessment grants for the improvements under paragraph (1).
       ``(e) Use of Grants.--
       ``(1) Planning and assessment grants.--An eligible entity 
     may use a planning and assessment grant provided under 
     subsection (d)(1)--
       ``(A) to assess energy usage across the eligible entity, 
     including energy used in--
       ``(i) public and private buildings and facilities;
       ``(ii) commercial and industrial applications; and
       ``(iii) transportation; and
       ``(B) to formulate energy improvement plans that describe 
     specific energy efficiency measures to be adopted and 
     specific renewable energy system to be installed, including 
     identification of funding sources and implementation 
     processes.
       ``(2) Implementation project grants.--An eligible entity 
     may use an implementation grant provided under subsection 
     (d)(2) to implement energy efficiency measures, or install 
     renewable energy systems, in support of energy improvement 
     plans.
       ``(f) Federal Share.--The Federal cost of carrying out a 
     project under this section shall not exceed 50 percent of 
     total project costs.
       ``(g) Administration.--The Secretary shall establish 
     criteria for program participation and evaluation of 
     proposals for projects to be carried out under this section, 
     including criteria based on--
       ``(1) energy savings; and
       ``(2) reductions in oil consumption.
       ``(h) Technical Assistance.--
       ``(1) In general.--To assist eligible entities in carrying 
     out projects under this section, the Secretary may--
       ``(A) provide training and technical assistance and support 
     to entities that receive grants under this section; and
       ``(B) support regional conferences to enable entities to 
     share information on energy assessment, planning, and 
     implementation activities.
       ``(2) Evaluation program.--In carrying out this section, 
     the Secretary shall develop and support use of an evaluation 
     program that measures and evaluates the energy and economic 
     impacts of projects carried out under this section.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $10,000,000 for fiscal year 2014; and
       ``(2) $20,000,000 for each of fiscal years 2015 through 
     2018.''.
                                 ______
                                 
  SA 1921. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 4___. PROHIBITION ON ENFORCEMENT OF THE PATIENT 
                   PROTECTION AND AFFORDABLE CARE ACT BY THE 
                   INTERNAL REVENUE SERVICE.

       (a) Findings.--Congress finds the following:
       (1) On May 10, 2013, the Internal Revenue Service admitted 
     that it singled out advocacy groups, based on ideology, 
     seeking tax-exempt status.
       (2) This action raises pertinent questions about the 
     agency's ability to implement and oversee the Patient 
     Protection and Affordable Care Act (Public Law 111-148) and 
     the Health Care and Education Reconciliation Act of 2010 
     (Public Law 111-152).
       (3) This action could be an indication of future Internal 
     Revenue Service abuses in relation to the Patient Protection 
     and Affordable Care Act and the Health Care and Education 
     Reconciliation Act of 2010, given that it is their 
     responsibility to enforce a key provision, the individual 
     mandate.
       (4) Americans accept the principle that patients, families, 
     and doctors should be making medical decisions, not the 
     Federal Government.
       (b) Prohibition.--The Secretary of the Treasury, or any 
     delegate of the Secretary,

[[Page 13539]]

     shall not implement or enforce any provisions of or 
     amendments made by the Patient Protection and Affordable Care 
     Act (Public Law 111-148) or the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152).
                                 ______
                                 
  SA 1922. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the beginning of title IV, insert the following:

     SEC. 4__. ENDANGERED SPECIES SETTLEMENTS.

       (a) Definitions.--Section 3 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1532) is amended--
       (1) by redesignating--
       (A) paragraphs (1) through (4) as paragraphs (2) through 
     (5), respectively;
       (B) paragraphs (5) through (10) as paragraphs (7) through 
     (12), respectively; and
       (C) paragraphs (12) through (21) as paragraphs (13) through 
     (22), respectively;
       (2) by adding before paragraph (2) (as so redesignated) the 
     following:
       ``(1) Affected parties.--The term `affected party' means 
     any person, including a business entity, or any State, tribal 
     government, or local subdivision the rights of which may be 
     affected by a determination made under section 4(a) in a suit 
     brought under section 11(g)(1)(C).''; and
       (3) by adding after paragraph (5) (as so redesignated) the 
     following:
       ``(6) Covered settlement.--The term `covered settlement' 
     means a consent decree or a settlement agreement in an action 
     brought under section 11(g)(1)(C).''.
       (b) Intervention; Approval of Covered Settlement.--Section 
     11(g) of the Endangered Species Act of 1973 (16 U.S.C. 1540) 
     is amended--
       (1) in paragraph (3), by adding at the end the following:
       ``(C) Publishing complaint; intervention.--
       ``(i) Publishing complaint.--

       ``(I) In general.--Not later than 30 days after the date on 
     which the plaintiff serves the defendant with the complaint 
     in an action brought under paragraph (1)(C) in accordance 
     with Rule 4 of the Federal Rules of Civil Procedure, the 
     Secretary of the Interior shall publish the complaint in a 
     readily accessible manner, including electronically.
       ``(II) Failure to meet deadline.--The failure of the 
     Secretary to meet the 30-day deadline described in subclause 
     (I) shall not be the basis for an action under paragraph 
     (1)(C).

       ``(ii) Intervention.--

       ``(I) In general.--After the end of the 30-day period 
     described in clause (i), each affected party shall be given a 
     reasonable opportunity to move to intervene in the action 
     described in clause (i), until the end of which a party may 
     not file a motion for a consent decree or to dismiss the case 
     pursuant to a settlement agreement.
       ``(II) Rebuttable presumption.--In considering a motion to 
     intervene by any affected party, the court shall presume, 
     subject to rebuttal, that the interests of that party would 
     not be represented adequately by the parties to the action 
     described in clause (i).
       ``(III) Referral to alternative dispute resolution.--

       ``(aa) In general.--If the court grants a motion to 
     intervene in the action, the court shall refer the action to 
     facilitate settlement discussions to--
       ``(AA) the mediation program of the court; or
       ``(BB) a magistrate judge.
       ``(bb) Parties included in settlement discussions.--The 
     settlement discussions described in item (aa) shall include 
     each--
       ``(AA) plaintiff;
       ``(BB) defendant agency; and
       ``(CC) intervenor.'';
       (2) by striking paragraph (4) and inserting the following:
       ``(4) Litigation costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the court, in issuing any final order in any suit brought 
     under paragraph (1), may award costs of litigation (including 
     reasonable attorney and expert witness fees) to any party, 
     whenever the court determines such award is appropriate.
       ``(B) Covered settlement.--
       ``(i) Consent decrees.--The court shall not award costs of 
     litigation in any proposed covered settlement that is a 
     consent decree.
       ``(ii) Other covered settlements.--

       ``(I) In general.--For a proposed covered settlement other 
     than a consent decree, the court shall ensure that the 
     covered settlement does not include payment to any plaintiff 
     for the costs of litigation.
       ``(II) Motions.--The court shall not grant any motion, 
     including a motion to dismiss, based on the proposed covered 
     settlement described in subclause (I) if the covered 
     settlement includes payment to any plaintiff for the costs of 
     litigation.''; and

       (3) by adding at the end the following:
       ``(6) Approval of covered settlement.--
       ``(A) Definition of species.--In this paragraph, the term 
     `species' means a species that is the subject of an action 
     brought under paragraph (1)(C).
       ``(B) In general.--
       ``(i) Consent decrees.--The court shall not approve a 
     proposed covered settlement that is a consent decree unless 
     each State and county in which the Secretary of the Interior 
     believes a species occurs approves the covered settlement.
       ``(ii) Other covered settlements.--

       ``(I) In general.--For a proposed covered settlement other 
     than a consent decree, the court shall ensure that the 
     covered settlement is approved by each State and county in 
     which the Secretary of the Interior believes a species 
     occurs.
       ``(II) Motions.--The court shall not grant any motion, 
     including a motion to dismiss, based on the proposed covered 
     settlement described in subclause (I) unless the covered 
     settlement is approved by each State and county in which the 
     Secretary of the Interior believes a species occurs.

       ``(C) Notice.--
       ``(i) In general.--The Secretary of the Interior shall 
     provide each State and county in which the Secretary of the 
     Interior believes a species occurs notice of a proposed 
     covered settlement.
       ``(ii) Determination of relevant states and counties.--The 
     defendant in a covered settlement shall consult with each 
     State described in clause (i) to determine each county in 
     which the Secretary of the Interior believes a species 
     occurs.
       ``(D) Failure to respond.--The court may approve a covered 
     settlement or grant a motion described in subparagraph 
     (B)(ii)(II) if, not later than 45 days after the date on 
     which a State or county is notified under subparagraph (C)--
       ``(i)(I) a State or county fails to respond; and
       ``(II) of the States or counties that respond, each State 
     or county approves the covered settlement; or
       ``(ii) all of the States and counties fail to respond.
       ``(E) Proof of approval.--The defendant in a covered 
     settlement shall prove any State or county approval described 
     in this paragraph in a form--
       ``(i) acceptable to the State or county, as applicable; and
       ``(ii) signed by the State or county official authorized to 
     approve the covered settlement.''.
                                 ______
                                 
  SA 1923. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title III, insert the following:

     SEC. 3____. REPORT ON FEDERAL AGENCY FACILITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on energy use and energy 
     efficiency projects at the facilities occupied by each 
     Federal agency.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) an analysis of energy use at each facility occupied by 
     a Federal agency;
       (2) a list of energy audits that have been conducted at the 
     facilities described in paragraph (1);
       (3) a list of energy efficiency projects that have been 
     conducted at the facilities described in paragraph (1); and
       (4) a list of energy efficiency projects that could be 
     achieved through the use of a consistent and timely 
     mechanical insulation maintenance program and through the 
     upgrading of mechanical insulation at the facilities 
     described in paragraph (1).
                                 ______
                                 
  SA 1924. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4___. ENERGY EFFICIENCY REGULATION REGARDING CERTAIN 
                   BATTERY CHARGERS.

       Golf cars shall be exempt from the proposed rule entitled 
     ``Energy Conservation Program: Energy Conservation Standards 
     for Battery Chargers and External Power Supplies'' (77 Fed. 
     Reg. 18478 (March 27, 2012)) in the same manner that low-
     speed vehicles that are substantially similar to golf cars in 
     design, construction, and use, or other electric vehicles 
     used for personal transportation are exempt from the proposed 
     rule.
                                 ______
                                 
  SA 1925. Mr. LEVIN (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 1392, to 
promote energy savings in residential buildings and industry, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page 13540]]

       On page 47, between lines 16 and 17, insert the following:

     SEC. 4___. COMPRESSED NATURAL GAS FUELING STATIONS REPORT.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Transportation, shall submit to Congress a 
     report that describes options to incentivize the development 
     of public compressed natural gas fueling stations.
       (b) Contents.--The report under subsection (a) shall 
     analyze a variety of possible financing tools to incentivize 
     the development of public compressed natural gas fueling 
     stations, which may include Federal grants and credit 
     assistance, public-private partnerships, and membership-based 
     cooperatives.
                                 ______
                                 
  SA 1926. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 48, after line 16, add the following:

     SEC. 4__. NATURAL GAS VEHICLES.

       (a) Maximum Fuel Economy Increase for Alternative Fuel 
     Automobiles.--Section 32906(a) of title 49, United States 
     Code, is amended by striking ``(except an electric 
     automobile)'' and inserting ``(except an electric or natural 
     gas automobile)''.
       (b) Automobile Fuel Economy Definitions.--Section 32901(a) 
     of title 49, United States Code, is amended--
       (1) in paragraph (8), by inserting ``, but the inclusion of 
     a reserve gasoline tank for incidental or emergency use in 
     the event of alternative fuel depletion shall not detract 
     from the dedicated nature of the automobile'' before the 
     period at the end; and
       (2) in paragraph (9)(B), by striking ``provides equal or 
     superior energy efficiency'' and inserting ``provides 
     reasonably comparable energy efficiency''.
       (c) Minimum Driving Ranges for Dual Fueled Passenger 
     Automobiles.--Section 32901(c)(2) of title 49, United States 
     Code, is amended--
       (1) in subparagraph (B), by striking ``(except electric 
     automobiles)'' and inserting ``(except electric or natural 
     gas automobiles)''; and
       (2) in subparagraph (C), by striking ``(except electric 
     automobiles)'' each place it appears and inserting ``(except 
     electric or natural gas automobiles)''.
       (d) Manufacturing Provision for Alternative Fuel 
     Automobiles.--Section 32905(d) of title 49, United States 
     Code, is amended by striking paragraphs (1) and (2) and 
     inserting the following:
       ``(1) the percentage utilization of the model on gasoline 
     or diesel fuel, as determined by a formula based on the 
     model's alternative fuel range, divided by the fuel economy 
     measured under section 32904(c); and
       ``(2) the percentage utilization of the model on gaseous 
     fuel, as determined by a formula based on the model's 
     alternative fuel range, divided by the fuel economy measured 
     under subsection (c).''.
       (e) HOV Facilities.--Section 166 of title 23, United States 
     Code is amended--
       (1) in subsection (b)(5), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Inherently low emission vehicle.--If a State agency 
     establishes procedures for enforcing the restrictions on the 
     use of the HOV facility by the vehicles, the State agency may 
     allow use of the HOV facility by both--
       ``(i) alternative fuel vehicles; and
       ``(ii) new qualified plug-in electric drive motor vehicles 
     (as defined in section 30D(d) of the Internal Revenue Code of 
     1986).''; and
       (2) in subsection (f)(1), in the matter preceding 
     subparagraph (A), by inserting ``solely'' before 
     ``operating''.
                                 ______
                                 
  SA 1927. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill S. 1392, to promote energy savings in residential 
buildings and industry, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title III, add the following:

     SEC. 3__. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS.

       Section 305(a)(3)(A)(i)(II) of the Energy Conservation and 
     Production Act (42 U.S.C. 6834(a)(3)(A)(i)(II)) is amended by 
     inserting ``location,'' after ``applied to the''.

                          ____________________