Committee Legislation

Bill Introduced Description
S.2136 Mar-13-14
STATUS: March 13, 2014.--Introduced. S.2136 To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. (Introduced in Senate - IS) S 2136 IS 113th CONGRESS2d SessionS. 2136 To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. IN THE SENATE OF THE UNITED STATESMarch 13, 2014 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENERGY SECURITY. (a) In General- Subject to subsection (b), the Secretary of Energy shall ensure that any crude oil and bitumen transported into the United States by the Keystone XL pipeline, and all refined petroleum fuel products originating from that crude oil or bitumen, will be entered into domestic commerce in the United States for-- (1) use as a fuel; or (2) the manufacture of another product. (b) Waivers Authorized- The President may waive the requirement described in subsection (a) if-- (1) the President determines that a waiver is in the national interest because it-- (A) will not lead to an increase in domestic consumption of crude oil or refined petroleum products obtained from countries hostile to United States interests or with political and economic instability that compromises energy supply security; (B) will not lead to higher costs to refiners who purchase the crude oil than the refiners would pay for crude oil in the absence of the waiver; and (C) will not lead to higher gasoline costs to consumers than consumers would pay in the absence of the waiver; (2) an exchange of crude oil or refined product provides for no net loss of crude oil or refined product consumed domestically; or (3) a waiver is necessary under the Constitution, a law, or an international agreement.
S.2129 Mar-13-14
STATUS: March 13, 2014.--Introduced. S.2129 ATTAIN Act of 2014 (Introduced in Senate - IS) S 2129 IS 113th CONGRESS2d SessionS. 2129 To amend the Department of Energy Organization Act to improve technology transfer at the Department of Energy by reducing bureaucratic barriers to industry, entrepreneurs, and small businesses, as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 13, 2014 Mr. UDALL of New Mexico introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to improve technology transfer at the Department of Energy by reducing bureaucratic barriers to industry, entrepreneurs, and small businesses, as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Accelerating Technology Transfer to Advance Innovation for the Nation Act of 2014' or the `ATTAIN Act of 2014'. SEC. 2. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND INNOVATION IN ENERGY. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the following: `SEC. 218. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND INNOVATION IN ENERGY. `(a) In General- There is established an Office of Advanced Research, Technology Transfer, and Innovation in Energy (referred to in this section as the `Office'), based in Washington, DC, and under the direction of the Technology Transfer Coordinator appointed under section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), to improve the consolidation, coordination, and use of technology transfer resources of the Department. `(b) Duties- The Office shall-- `(1) improve procurement, contracting, and partnership procedures for technology transfer through-- `(A) within the Department and National Laboratories, the innovative use of existing mechanisms (such as cooperative research and development agreements) and the development of new mechanisms (such as Agreements for Commercializing Technology, technology investment agreements, and other transaction authority) to improve the ability of the Department and National Laboratories to procure, contract, and partner with industry and business to implement technology transfer activities; `(B) the streamlining and improvement of the review and approval process at all levels, for existing and future technology transfer agreements (including cooperative research and development agreements) and the use of best practices and process performance improvement evaluation to reduce the time required to enable the technology transfer activities of the Department and National Laboratories to engage and cooperate with industry and business at the speed of opportunity; and `(C) in connection with other Federal agencies, other actions that improve the operational efficiency and technology transfer effectiveness of the Department; `(2) improve the sharing and coordination of technology transfer information and resources through actions such as the establishment of a single website that can be used for technology transfer within the Department; `(3) establish and administer T2-Corps in accordance with section 219; `(4) administer the technology transfer investment initiative in accordance with section 220; `(5) improve the effectiveness of small business innovation research programs and small business technology transfer programs by-- `(A) strategically aligning topics areas in requests for proposals to compliment research and development capabilities at the National Laboratories and funding opportunity announcements offered by Department programs through better identification of technology readiness levels or commercialization readiness levels to enable small business success; and `(B) increasing coordination and use of small business innovation research programs and small business technology transfer programs across the Department and National Laboratories to connect large research and development investments to a strong and well-organized commercialization plan; `(6) establish and administer an industry and business technology transfer working group that-- `(A) parallels and complements the efforts of the National Laboratory technology working group; `(B) shall convene regularly to make recommendations to the Department and National Laboratories for use to assess capabilities and implement improvements regarding-- `(i) priorities for commercialization; `(ii) the assessment of technology targets; `(iii) the evaluation of the impact of technology transfer activities; and `(iv) implementation of technology transfer activities; and `(C) shall carry out technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department, to evaluate the progress and impact of the technology transfer programs and activities of the Department and the National Nuclear Security Administration; `(7) encourage the use of alternative data rights provisions by improving procurements language to enable the Department and National Laboratories to work with third parties with whom the Department and National Laboratories have issued a subcontract, to enable-- `(A) the third party to have full title, limited title, or partial use of any software or data authored by the Department or National Laboratories, if necessary and applicable; and `(B) each relevant group to coordinate and cooperate more effectively; `(8) enable a platform or resource that allows existing prenegotiated and express licensing programs to expand intellectual property bundling agreements to encourage university, foundation, nonprofit, and industry partners to present licensable intellectual property (along with the Department and National Laboratories) within a common database, with-- `(A) the database administered by the Department and database content available to the T2-Corps teams, the Department, and the National Laboratories; and `(B) the goal of the cooperation being to create an effective process that enhances opportunities for technology transfer and commercialization by-- `(i) encouraging and leveraging research and development funds dedicated to complementary projects; `(ii) facilitating streamlined licensing negotiations; `(iii) encouraging cost-effective intellectual property management and fulfilling equal opportunity; `(iv) minimizing potential for conflicts in a manner that increases the access of participants in T2-Corps to scientists and engineers of National Laboratories; and `(v) increasing the accessibility of licensable technology across larger numbers of licensees; `(9) coordinate with the Small Business Innovation Research Program (SBIR) and Small Business Technology Transfer Program (STTR) of the Department-- `(A) to maximize the impact of technology transfer opportunities and activities; and `(B) to implement strategic changes that are mutually beneficial to the Office and those Programs; `(10) carry out technology transfer evaluations, measurement, and reporting functions of the Department; `(11) conduct an annual evaluation of the progress and impact of the Office that-- `(A) is conducted through-- `(i) the working group established under paragraph (6); and `(ii) technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department; `(B) includes information relating to the economic and technology transfer impact of technology transfer programs, which shall be evaluated based on-- `(i) the types of employment opportunities created, based on North American Industry Classification System (NAICS) employment data; `(ii) the aggregate amount of follow-on investment; `(iii) the start-up survival and growth rate; `(iv) Department and National Laboratory transactional efficiency for different phases of licensing cooperative research and development agreements and other technology transfer-related processes; `(v) the effectiveness of local and regional partnerships; and `(vi) other key metrics determined by the Secretary and the National Nuclear Security Administration; `(C) to the maximum extent practicable, uses random sampling, retroactive data, and other justifiable evaluation methodologies to control the cost and scope of the evaluations and the collection and analysis of data relevant to the metrics described in this paragraph; and `(D) provides for-- `(i) the continuous monitoring of the fairness and opportunities in the administration of this paragraph; and `(ii) an evaluation of-- `(I) accessibility; and `(II) expectations and limitations relating to employee conflict of interest; `(12) through the working group established under paragraph (6) (in consultation with the Secretary and the Technology Transfer Working Group established under section 1001(d) of the Energy Policy Act of 2005 (42 U.S.C. 16391(d))), subject to subsection (c), collect data regarding the technology transfer activities and programs of the Department; `(13) submit the report described in paragraph (10) to Congress and incorporate the findings of that report in the performance evaluation and management plans of each of the National Laboratories; `(14) consolidate resources and reduce bureaucratic barriers within the Department and become the office responsible for the coordination, planning, monitoring, and implementation of sections 1001, 1002, 1003, and 1004 of title X of the Energy Policy Act of 2005 (42 U.S.C. 16391, 16392, 16393, 16394), to assist the Department and National Laboratories in carrying out technology transfer and small business activities; `(15) administer the Technology Commercialization Fund established under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)), including-- `(A) the development of a multiyear plan for the use of the Fund; `(B) the use of the Fund to carry out the duties of the Office; `(C) the coordination with other agencies of the Department on the use of the Fund; and `(D) the submission to Congress of an annual report that describes use of the Fund during the preceding year; `(16) except as otherwise provided in this Act, carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act in accordance with-- `(A) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); `(B) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); `(C) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); `(D) the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.); `(E) chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act'); and `(F) any other Act under which the Secretary is authorized to carry out the programs, projects, and activities; and `(17) perform such other duties as are determined appropriate by the Secretary. `(c) Protection of Information- The following types of information collected by the Department or National Laboratories from recipients of financial assistance awards or technology transfer partners (including parties to cooperative research and development agreements or other similar agreements) shall be considered privileged and confidential and shall not be subject to disclosure under section 552 of title 5, United States Code: `(1) Plans for commercialization of technologies developed under an award or agreement, including business plans, technology-to-market plans, market studies, and cost and performance models. `(2) Specific investments provided to the recipient of an award or party to an agreement from third parties (such as venture capital firms, hedge funds, and private equity firms), including the amount of the investment and the percentage of ownership of the award provided in return for the investment, unless the disclosure is made in an aggregate form that provides anonymity. `(3) Additional financial support that the recipient of an award or party to an agreement-- `(A) plans to or has invested into the technology developed under the award or agreement; or `(B) is seeking from third parties. `(4) Revenue from the licensing or sale of new products or services resulting from research conducted under the award or agreement, unless the disclosure is made in an aggregate form that provides anonymity. `(d) Results of Evaluation and Analysis- `(1) IN GENERAL- The Secretary shall use the reviews, evaluations, and reports conducted under this section to improve and enhance-- `(A) the technology transfer programs and activities of the Department; and `(B) the technology transfer offices of the National Laboratories and the National Nuclear Security Administration to promote the technology transfer goals of the Department. `(2) NATIONAL LABORATORIES- `(A) IN GENERAL- The Department shall work with each National Laboratory to incorporate the evaluation and impact of technology transfer activities in the annual performance evaluation and measurement plan of the National Laboratory to enable significant progress to be rewarded and limited progress to be improved annually. `(B) ADMINISTRATION- The evaluation process under this paragraph shall-- `(i) focus on the performance of each National Laboratory individually; and `(ii) compare the performance of each National Laboratory during the applicable and previous year. `(e) Technology Transfer Offices- `(1) IN GENERAL- Each National Laboratory shall establish or maintain, as applicable, a technology transfer office for the Office. `(2) COORDINATION- The Office shall connect and coordinate the technology transfer offices established under this subsection. `(3) DUTIES- Each technology transfer office shall serve as the regional implementation office for the technology transfer programs of the Department, including technology commercialization, entrepreneurship, and business development.'. SEC. 3. T 2 -CORPS. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) (as amended by section 2) is amended by adding at the end the following: `SEC. 219. T 2 -CORPS. `(a) Establishment- `(1) IN GENERAL- The Secretary shall establish a T2-Corps, modeled after the I-Corps of the National Science Foundation, to support investments in entrepreneurs, mentors, and principal investigators. `(2) GOALS- The goal of the T2-Corps is to invest in technology maturation, market assessment, and increasing industry and small business access to intellectual property and core capabilities of the Department and National Laboratories. `(b) Teams- `(1) IN GENERAL- The Office of Advanced Research, Technology Transfer, and Innovation in Energy (including technology transfer offices of the Office) (referred to in this section as the `Office') shall establish teams composed of-- `(A) entrepreneurs who possess relevant technical knowledge and a commitment to investigate the commercial applications of technology innovation; `(B) mentors who are experienced entrepreneurs, with technology, marketing, commercialization, or other relevant expertise to assist teams in the development of the team and throughout the learning process in a manner similar to the Senior Corps; and `(C) principal investigators who serve as technical lead and project managers. `(2) COMPETITIVE PROCESS- Each team shall be selected and assembled through a competitive process. `(3) TECHNOLOGY TRANSFER OFFICE- `(A) IN GENERAL- Each team shall be hosted by a technology transfer office. `(B) DUTIES- The technology transfer office shall monitor and administer participation in the program in accordance with this section. `(4) DIVERSITY- The Secretary shall ensure, to the maximum extent practicable, the diversity of teams established under this subsection. `(c) Technology Commercialization Challenges- `(1) IN GENERAL- The Office may establish and participate in technology commercialization challenges. `(2) ADMINISTRATION- The Office may use a technology commercialization challenge-- `(A) to leverage the core strengths of a National Laboratory and allow the National Laboratory to focus on a specific topic; and `(B) to create collaborative public-private partnerships that address challenges identified by the industry or National Laboratory technology transfer working groups. `(C) SMALL ENTERPRISES- The Secretary and the Administrator of the Small Business Administration shall ensure that at least 80 percent of the businesses participating in the T2-Corps are smaller enterprises (as defined by the Administrator) that are located in diverse regional geographic areas established under section 220(e)(4). `(d) Coordination- `(1) IN GENERAL- The Office shall work with National Laboratory technology transfer offices-- `(A) to develop information sharing and coordinate resources to enable coordination and competition between members of T2-Corps teams, including a coordination platform that leverage existing elements of social media and networking to connect individuals and teams in the exchange of information and ideas; and `(B) to connect follow on-funding and other resources with successful start-ups through actions such as-- `(i) inviting successful teams or projects to participate in an alumni network to reinvest in the next generation of start-ups; and `(ii) arranging opportunities for successful start-ups to connect with programs that are not administered by the Department or the Small Business Administration to promote the growth of business. `(2) NONPROFIT ENTITIES- `(A) IN GENERAL- The Office shall partner with foundations and nonprofit entities with similar technology transfer and entrepreneurship priorities and goals to assist in carrying out this section. `(B) ACTIVITIES- The partnerships may be established to carry out-- `(i) coordination, planning, and volunteer activities that do not involve the transfer of funding between partners; or `(ii) competitively solicited partnership agreements-- `(I) to enable foundations and nonprofit entities to apply for funding to assist in carrying out Department activities; or `(II) to provide funding to augment existing Department activities relating specifically to common technology transfer and entrepreneurship priorities and goals. `(e) Funding- The Office may use to carry out this section-- `(1) funding made available to carry out-- `(A) the Small Business Act (15 U.S.C. 631 et seq.); or `(B) section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391); and `(2) any other funds that are made available to carry out this section.'. SEC. 4. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) (as amended by section 3) is amended by adding at the end the following: `SEC. 220. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE. `(a) In General- The Secretary and the Administrator of the Small Business Administration (referred to in this section as the `Administrator') shall jointly establish and carry out a Technology Transfer Investment Initiative (referred to in this section as the `Initiative'). `(b) Partnership- To carry out the Initiative, the Secretary shall enter into a memorandum of understanding with the Administrator to coordinate a partnership program carried out by-- `(1) the Office of Advanced Research, Technology Transfer, and Innovation established by section 218; and `(2) the Small Business Investment Company (referred to in this section as `SBIC') Program of the Small Business Administration. `(c) Goal- The goal of the partnership program shall be to leverage the strengths of the SBIC program to benefit the T2-Corps teams completing the Department program. `(d) Technology Transfer Investment Initiative- `(1) SELECTION- The Administrator, in consultation with the Secretary, shall solicit SBIC participation in the technology transfer investment initiative of the Small Business Administration and the Department. `(2) PARTICIPATION- A SBIC that agrees or is selected to participate in technology transfer investment initiative shall-- `(A) regularly review proposals created by T2-Corps teams for possible investment; `(B) assess each proposal against the criteria established by the SBIC; and `(C) comply with all provisions of law applicable to the Small Business Administration (including regulations). `(3) REGIONAL GEOGRAPHIC AREAS- `(A) IN GENERAL- The Office established under section 218 (including National Laboratory technology transfer offices), in coordination with T2-Corps established under section 219, shall establish and coordinate regional geographic areas to carry out the Initiative. `(B) LEVERAGE- The Office (including National Laboratory technology transfer offices) and SBICs shall leverage, to the maximum extent practicable, the experience and expertise of local, State, and regional partners to efficiency and effectively implement the Initiative.'.
H.Res.2126 May-23-13
STATUS: May 23, 2013.--Referred to the House Committee on Energy and Commerce. May 24, 2013.--Referred to the Subcommittee on Energy and Power. February 28, 2014.--Ordered to be Reported (Amended) by Voice Vote. March 5, 2014.--On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 375 - 36 March 6, 2014.--Received in Senate. H.R.2126 Energy Efficiency Improvement Act of 2014 (Engrossed in House [Passed House] - EH) HR 2126 EH 113th CONGRESS2d Session H. R. 2126AN ACT To promote energy efficiency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Energy Efficiency Improvement Act of 2014'. TITLE I--BETTER BUILDINGS SEC. 101. SHORT TITLE. This title may be cited as the `Better Buildings Act of 2014'. SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER BUILDINGS. (a) Definitions- In this section: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of General Services. (2) COST-EFFECTIVE ENERGY EFFICIENCY MEASURE- The term `cost-effective energy efficiency measure' means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (3) COST-EFFECTIVE WATER EFFICIENCY MEASURE- The term `cost-effective water efficiency measure' means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides water savings in an amount that is not less than the cost of such installing, implementing, or operating. (b) Model Provisions, Policies, and Best Practices- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model commercial leasing provisions and best practices in accordance with this subsection. (2) COMMERCIAL LEASING- (A) IN GENERAL- The model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures and cost-effective water efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) USE OF MODEL PROVISIONS- The Administrator may use the model commercial leasing provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) PUBLICATION- The Administrator shall periodically publish the model commercial leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) REALTY SERVICES- The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures and cost-effective water efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) STATE AND LOCAL ASSISTANCE- The Administrator, in consultation with the Secretary of Energy, shall make available model commercial leasing provisions and best practices developed under this subsection to State, county, and municipal governments for use in managing owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures and cost-effective water efficiency measures. SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. (a) In General- Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: `SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. `(2) SEPARATE SPACES- The term `separate spaces' means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. `(b) Study- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of-- `(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and `(B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. `(2) SCOPE- The study shall, at a minimum, include-- `(A) descriptions of-- `(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; `(ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; `(iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; `(iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; `(v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; `(vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; `(vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and `(viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and `(B) case studies reporting economic and energy savings returns in the design and construction of separate spaces with high-performance energy efficiency measures. `(3) PUBLIC PARTICIPATION- Not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. `(4) PUBLICATION- The Secretary shall publish the study on the website of the Department of Energy.'. (b) Clerical Amendment- The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 423 the following new item: `Sec. 424. Separate spaces with high-performance energy efficiency measures.'. SEC. 104. TENANT STAR PROGRAM. (a) In General- Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 3) is amended by adding at the end the following: `SEC. 425. TENANT STAR PROGRAM. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' has the meaning given the term in section 424. `(2) SEPARATE SPACES- The term `separate spaces' has the meaning given the term in section 424. `(b) Tenant Star- The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. `(c) Expanding Survey Data- The Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall-- `(1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on-- `(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and `(B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; `(2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after the date of enactment of this section, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect such data and begin to collect such data; and `(3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). `(d) Recognition of Owners and Tenants- `(1) OCCUPANCY-BASED RECOGNITION- Not later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment-- `(A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; `(B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and `(C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. `(2) DESIGN- AND CONSTRUCTION-BASED RECOGNITION- After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces.'. (b) Clerical Amendment- The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 424 (as added by section 3(b)) the following new item: `Sec. 425. Tenant Star program.'. TITLE II--GRID-ENABLED WATER HEATERS SEC. 201. 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) (42 U.S.C. 6295(e)), by adding at the end the following: `(6) ADDITIONAL STANDARDS FOR GRID-ENABLED WATER HEATERS- `(A) DEFINITIONS- In this paragraph: `(i) ACTIVATION LOCK- The term `activation lock' means a control mechanism (either a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and 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 that-- `(I) has a rated storage tank volume of more than 75 gallons; `(II) is manufactured on or after April 16, 2015; `(III) 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 equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E); `(IV) is equipped at the point of manufacture with an activation lock; and `(V) 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 for a grid-enabled water heater only to a utility or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater. `(C) REPORTS- `(i) MANUFACTURERS- The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity 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 quantity 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 quantity 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-- `(I) grid-enabled water heaters do not require a separate efficiency requirement; or `(II) sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. `(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 any impact on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. `(iv) REQUIREMENTS- In carrying out this paragraph, 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.'; (2) in section 332(a) (42 U.S.C. 6302(a))-- (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) for any person to-- `(A) activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; `(B) distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program; `(C) otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; or `(D) knowingly remove or render illegible the label of a grid-enabled water heater described in section 325(e)(6)(A)(ii)(V).'; (3) in section 333(a) (42 U.S.C. 6303(a))-- (A) by striking `section 332(a)(5)' and inserting `paragraph (5), (6), (7), or (8) of section 332(a)'; and (B) by striking `paragraph (1), (2), or (5) of section 332(a)' and inserting `paragraph (1), (2), (5), (6), (7), or (8) of section 332(a)'; and (4) in section 334 (42 U.S.C. 6304)-- (A) by striking `section 332(a)(5)' and inserting `paragraph (5), (6), (7), or (8) of section 332(a)'; and (B) by striking `section 332(a)(6)' and inserting `section 332(a)(7)'. TITLE III--ENERGY EFFICIENT GOVERNMENT TECHNOLOGY SEC. 301. SHORT TITLE. This title may be cited as the `Energy Efficient Government Technology Act'. SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. Subtitle C of title V of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at the end the following: `SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. `(a) Definitions- In this section: `(1) DIRECTOR- The term `Director' means the Director of the Office of Management and Budget. `(2) INFORMATION TECHNOLOGY- The term `information technology' has the meaning given that term in section 11101 of title 40, United States Code. `(b) Development of Implementation Strategy- Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d). `(c) Administration- In developing an implementation strategy under subsection (b), each Federal agency shall consider-- `(1) advanced metering infrastructure; `(2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; `(3) advanced power management tools; `(4) building information modeling, including building energy management; `(5) secure telework and travel substitution tools; and `(6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. `(d) Performance Goals- `(1) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology. `(2) BEST PRACTICES- The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of the use of-- `(A) energy savings performance contracting; and `(B) utility energy services contracting. `(e) Reports- `(1) AGENCY REPORTS- Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. `(2) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS- Effective beginning not later than October 1, 2015, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section.'. SEC. 303. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) by striking subsection (b)(3); and (2) by striking subsections (c) through (g) and inserting the following: `(c) Stakeholder Involvement- The Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains. In such collaboration, the Secretary and the Administrator shall pay particular attention to organizations that-- `(1) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; `(2) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise; `(3) follow-- `(A) commonly accepted procedures for the development of specifications; and `(B) accredited standards development processes; and `(4) have a mission to promote energy efficiency for data centers and information technology. `(d) Measurements and Specifications- The Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy or the Environmental Protection Agency. `(e) Study- The Secretary, in collaboration with the Administrator, shall, not later than 18 months after the date of enactment of the Energy Efficient Government Technology Act, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- `(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; `(2) an analysis considering the impact of information technologies, to include virtualization and cloud computing, in the public and private sectors; `(3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and `(4) updated projections and recommendations for best practices through fiscal year 2020. `(f) Data Center Energy Practitioner Program- The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to such program, whenever practicable using certified practitioners employed by the agency. `(g) Open Data Initiative- The Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. In establishing the initiative, the Secretary shall consider the use of the online Data Center Maturity Model. `(h) International Specifications and Metrics- The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. `(i) Data Center Utilization Metric- The Secretary, in collaboration with key stakeholders, shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). `(j) Protection of Proprietary Information- The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section.'. TITLE IV--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels- Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking `paragraph (2)' and inserting `paragraph (1)'; and (2) by striking `signing the contract,' and all that follows through the period at the end and inserting the following: `signing the contract, the following requirements are met: `(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. `(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- `(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and `(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. `(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.'. (b) Study- (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) SUBMISSION TO CONGRESS- At the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and Maintenance of Database- (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) COMPLEMENTARY PROGRAMS- The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency's Energy Star Portfolio Manager tool. (d) Input From Stakeholders- The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section. Passed the House of Representatives March 5, 2014. Attest: Clerk. 113th CONGRESS2d SessionH. R. 2126AN ACT To promote energy efficiency, and for other purposes.
S.2123 Mar-12-14
STATUS: March 12, 2014.--Introduced. July 30, 2014.--Subcommittee hearing held. S.2123 School District 318 Land Exchange Act (Introduced in Senate - IS) S 2123 IS 113th CONGRESS2d SessionS. 2123 To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. FRANKEN (for himself and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `School District 318 Land Exchange Act'. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide greater safety to the students of the Robert J. Elkington Middle School and the families of those students in Grand Rapids, Minnesota; and (2) to promote the mission of the United States Geological Survey. SEC. 3. DEFINITIONS. In this Act: (1) DISTRICT- The term `District' means Minnesota Independent School District number 318 in Grand Rapids, Minnesota. (2) FEDERAL LAND- (A) IN GENERAL- The term `Federal land' means the parcel of approximately 1.3 acres of United States Geological Survey land identified as USGS Parcel 91-016-4111 on the map, which was transferred to the Department of the Interior by the General Services Administration by a letter dated July 22, 1965. (B) INCLUSION- The term `Federal land' includes any structures on the land described in subparagraph (A). (3) MAP- The term `map' means each of the maps entitled `USGS and School Parcel Locations' and dated January 15, 2014. (4) NON-FEDERAL LAND- (A) IN GENERAL- The term `non-Federal land' means the parcel of approximately 1.6 acres of District land identified as School Parcel 91-540-1210 on the map. (B) INCLUSION- The term `non-Federal land' includes any structures on the land described in subparagraph (A). (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General- If the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) convey to the District all right, title, and interest of the United States in and to the Federal land. (b) Valuation- (1) IN GENERAL- The value of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined-- (A) by an independent appraiser selected by the Secretary; and (B) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (2) APPROVAL- Appraisals conducted under paragraph (1) shall be submitted to the Secretary for approval. (3) CASH EQUALIZATION PAYMENTS- (A) IN GENERAL- If the value of the Federal land and non-Federal land to be exchanged under subsection (a) is not of equal value, the value shall be equalized through a cash equalization payment to the Secretary. (B) USE OF AMOUNTS- Amounts received under subparagraph (A) shall be deposited in the Treasury and credited to miscellaneous receipts.
S.2112 Mar-12-14
STATUS: March 12, 2014.--Introduced. S.2112 Natural Gas Gathering Enhancement Act (Introduced in Senate - IS) S 2112 IS 113th CONGRESS2d SessionS. 2112 To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural gas gathering lines on Federal land and Indian land. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. BARRASSO (for himself, Mr. HOEVEN, and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural gas gathering lines on Federal land and Indian land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Natural Gas Gathering Enhancement Act'. SEC. 2. FINDINGS. Congress finds that-- (1) record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by-- (A) reducing the need for imports of natural gas, thereby directly reducing the trade deficit; (B) strengthening trade ties among the United States, Canada, and Mexico; (C) providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas; (D) creating and supporting millions of new jobs across the United States; (E) adding billions of dollars to the gross domestic product of the United States every year; (F) generating additional Federal, State, and local government tax revenues; and (G) revitalizing the manufacturing sector by providing abundant and affordable feedstock; (2) large quantities of natural gas are lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land; (3) permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and (4) additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would-- (A) assist in bringing gas to market that would otherwise be vented or flared; and (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians. SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES. Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter 372; 16 U.S.C. 79) is amended by inserting `, for natural gas pipelines' after `distribution of electrical power'. SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. (a) In General- Subtitle B of title III of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the end the following: `SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. `(a) Definitions- In this section: `(1) GAS GATHERING LINE AND ASSOCIATED FIELD COMPRESSION UNIT- `(A) IN GENERAL- The term `gas gathering line and associated field compression unit' means-- `(i) a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce crude oil; and `(ii) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. `(B) EXCLUSIONS- The term `gas gathering line and associated field compression unit' does not include a pipeline or compression unit that is installed to transport natural gas from a processing plant to a common carrier pipeline or facility. `(2) FEDERAL LAND- `(A) IN GENERAL- The term `Federal land' means land the title to which is held by the United States. `(B) EXCLUSIONS- The term `Federal land' does not include-- `(i) a unit of the National Park System; `(ii) a unit of the National Wildlife Refuge System; or `(iii) a component of the National Wilderness Preservation System. `(3) INDIAN LAND- The term `Indian land' means land the title to which is held by-- `(A) the United States in trust for an Indian tribe or an individual Indian; or `(B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation. `(b) Certain Natural Gas Gathering Lines- `(1) IN GENERAL- Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and associated field compression unit are-- `(A) within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil wells in that field or unit as a reasonably foreseeable activity; and `(B) located adjacent to an existing disturbed area for the construction of a road or pad. `(2) APPLICABILITY- `(A) FEDERAL LAND- Paragraph (1) shall not apply to Federal land, or a portion of Federal land, for which the Governor of the State in which the Federal land is located submits to the Secretary of the Interior or the Secretary of Agriculture, as applicable, a written request that paragraph (1) not apply to that Federal land (or portion of Federal land). `(B) INDIAN LAND- Paragraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land). `(c) Effect on Other Law- Nothing in this section affects or alters any requirement-- `(1) relating to prior consent under-- `(A) section 2 of the Act of February 5, 1948 (25 U.S.C. 324); or `(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C. 476(e)) (commonly known as the `Indian Reorganization Act'); or `(2) under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land.'. (b) Assessments- Title XVIII of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the following: `SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS. `(a) Definition of Gas Gathering Line and Associated Field Compression Unit- In this section, the term `gas gathering line and associated field compression unit' has the meaning given the term in section 319. `(b) Study- Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall conduct a study to identify-- `(1) any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and `(2) any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets. `(c) Report- Not later than 180 days after the date of enactment of the Natural Gas Gathering Enhancement Act, and every 180 days thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to Congress a report that describes-- `(1) the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and `(2) any issues impeding that progress.'. (c) Technical Amendments- (1) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of subtitle B of title III the following: `Sec. 319. Natural gas gathering lines located on Federal land and Indian land.'. (2) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of title XXVIII the following: `Sec. 1841. Natural gas gathering system assessments.'. SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE MINERAL LEASING ACT. Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by adding at the end the following: `(z) Natural Gas Gathering Lines- The Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal lands-- `(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and `(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.'. SEC. 6. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) is amended by adding at the end the following: `(k) Natural Gas Gathering Lines- The Secretary concerned shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on public lands-- `(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and `(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.'.
S.2111 Mar-12-14
STATUS: March 12, 2014.--Introduced. July 23, 2014.--Hearing held by subcommittee. (56) S.2111 Yuma Crossing National Heritage Area Reauthorization Act (Introduced in Senate - IS) S 2111 IS 113th CONGRESS2d SessionS. 2111 To reauthorize the Yuma Crossing National Heritage Area. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. MCCAIN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Yuma Crossing National Heritage Area. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Yuma Crossing National Heritage Area Reauthorization Act'. SEC. 2. REAUTHORIZATION OF YUMA CROSSING NATIONAL HERITAGE AREA. Section 7 of the Yuma Crossing National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-319; 114 Stat. 1284) is amended by striking `2015' and inserting `2030'.
S.2104 Mar-11-14
STATUS: March 11, 2014.--Introduced. S.2104 National Park Access Act (Introduced in Senate - IS) S 2104 IS 113th CONGRESS2d SessionS. 2104 To require the Director of the National Park Service to refund to States all State funds that were used to reopen and temporarily operate a unit of the National Park System during the October 2013 shutdown. IN THE SENATE OF THE UNITED STATESMarch 11, 2014 Mr. FLAKE (for himself, Mr. UDALL of Colorado, Mr. ALEXANDER, Mr. MCCAIN, Mr. BENNET, Mr. LEE, Mr. HATCH, and Mr. CORKER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Director of the National Park Service to refund to States all State funds that were used to reopen and temporarily operate a unit of the National Park System during the October 2013 shutdown. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Park Access Act'. SEC. 2. FINDINGS. Congress finds that-- (1) during the period in October 2013 in which there was a lapse in appropriations (referred to in this section as the `Government shutdown'), the National Park Service entered into agreements with the States of Arizona, Colorado, New York, South Dakota, Tennessee, and Utah to temporarily reopen iconic national treasures in the National Park System, such as the Grand Canyon, Mount Rushmore, and the Statue of Liberty; (2) pursuant to the agreements described in paragraph (1), the States listed in paragraph (1) advanced approximately $2,000,000 to the National Park Service to pay for park operations during the Government shutdown; (3) the units of the National Park System that were temporarily reopened using State funds also collected gate entry fees; (4) the Government shutdown ended when Congress passed the Continuing Appropriations Act, 2014 (Public Law 113-46), which retroactively funded Federal agencies and Federal employee salaries for the period of time during which the Government was shut down; (5) by virtue of the retroactive appropriation made by Congress, the National Park Service retained an unintended shutdown windfall from the States listed in paragraph (1) of approximately $2,000,000; and (6) the States listed in paragraph (1) that entered into agreements described in paragraph (1) with the National Park Service should be fully reimbursed for advancing funds to maintain public access to iconic national treasures in the National Park System during the Government shutdown. SEC. 3. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL PARKS DURING SHUTDOWN. (a) In General- The Director of the National Park Service shall refund to each State all funds of the State that were used to reopen and temporarily operate a unit of the National Park System during the period in October 2013 in which there was a lapse in appropriations for the unit. (b) Funding- Funds of the National Park Service that are appropriated after the date of enactment of this Act shall be used to carry out this section.
S.2098 Mar-06-14
STATUS: March 6, 2014.--Introduced. S. 2098 Yellowstone Community Education Fairness Act (Introduced in Senate - IS) S 2098 IS 113th CONGRESS2d SessionS. 2098 To ratify and approve certain payments to school districts serving Yellowstone National Park. IN THE SENATE OF THE UNITED STATESMarch 6, 2014 Mr. TESTER (for himself and Mr. WALSH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To ratify and approve certain payments to school districts serving Yellowstone National Park. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Yellowstone Community Education Fairness Act'. SEC. 2. RATIFICATION OF PAYMENTS TO SCHOOL DISTRICTS SERVING YELLOWSTONE NATIONAL PARK. All payments made to school districts under the first section of the Act of June 4, 1948 (62 Stat. 338, chapter 417; 16 U.S.C. 40a), during the period beginning in fiscal year 1976 and ending on the date of enactment of this Act are ratified and approved, notwithstanding the payments made under chapter 69 of title 31, United States Code, to the units of general local government.
S.2096 Mar-06-14
STATUS: March 6, 2014.--Introduced. S.2096 Freedom Through Energy Export Act (Introduced in Senate - IS) S 2096 IS 113th CONGRESS2d SessionS. 2096 To amend the Alaska Natural Gas Pipeline Act of 2004 to provide for the authorization of liquified natural gas terminals and related facilities necessary for the export of Alaska natural gas, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 6, 2014 Mr. BEGICH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Alaska Natural Gas Pipeline Act of 2004 to provide for the authorization of liquified natural gas terminals and related facilities necessary for the export of Alaska natural gas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title- This Act may be cited as the `Freedom Through Energy Export Act'. (b) References- Except as otherwise expressly provided, wherever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Alaska Natural Gas Pipeline Act of 2004 (15 U.S.C. 720 et seq.). SEC. 2. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT. Section 102(2) (15 U.S.C. 720(2)) is amended-- (1) by striking subparagraphs (A) and (B); (2) by inserting `any of the following projects authorized under the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) or section 103:' after `means'; (3) by striking `any natural gas pipeline system' and inserting the following: `(A) Any natural gas pipeline system'; (4) in subparagraph (A) (as so designated) by striking `that is authorized under--' and inserting a period at the end; and (5) by adding at the end the following: `(B) Except with respect to projects described in section 116, any liquified natural gas terminal and any facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Commission).'. SEC. 3. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Section 103 (15 U.S.C. 720a) is amended-- (1) in the heading, by inserting `or other commission authorization' after `necessity'; (2) in subsection (a)-- (A) by striking `may, in accordance' and inserting `may-- `(1) in accordance'; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting `; or'; and (C) by adding at the end the following: `(2) in accordance with section 3 of the Natural Gas Act (15 U.S.C. 717b), consider and act on an application for authorization for a liquefied natural gas terminal and any related facilities determined necessary or required for the export of Alaska natural gas other than the Alaska natural gas transportation system.'; (3) in subsection (b)-- (A) in the heading, by inserting `or Other Authorization' after `Certificate'; and (B) in paragraph (1)-- (i) by striking `shall issue a certificate' and inserting `shall issue-- `(A) a certificate'; (ii) in subparagraph (A) (as so designated), by striking the period at the end and inserting `; or'; and (iii) by adding at the end the following: `(B) an authorization for the siting, construction, and operation of an Alaska natural gas transportation project, if the applicant has satisfied the requirements of section 3 of the Natural Gas Act (15 U.S.C. 717b) for a liquefied natural gas terminal and any related facilities determined necessary or required for the export of Alaska natural gas.'; (4) in subsection (c), by striking `for the project under section 7(c))' and all that follows through the period at the end and inserting `for the projects under-- `(1) section 3 of the Natural Gas Act (15 U.S.C. 717b); `(2) section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)); and `(3) this section.'; and (5) in subsection (g), by striking `The holder of the certificate' and inserting `The holder of a certificate'. SEC. 4. ENVIRONMENTAL REVIEWS. Section 104(a) (15 U.S.C. 720b(a)) is amended by inserting `under section 7 of the Natural Gas Act (15 U.S.C. 717f) or the issuance of an authorization under section 3 of that Act (15 U.S.C. 717b)' after `certificate of public convenience and necessity'. SEC. 5. FEDERAL COORDINATOR. Section 106(c) (15 U.S.C. 720d(c)) is amended-- (1) in paragraph (1), by inserting `or a pipeline project that carries natural gas from the Alaska North Slope to market south of 68 degrees north latitude' after `Alaska natural gas transportation project'; (2) in paragraph (2), by striking the period at the end and inserting `; and'; and (3) by adding at the end the following: `(3) to ensure that Federal agencies are fully informed in carrying out an Alaska natural gas transportation project, providing Federal agencies with information about-- `(A) the Alaska natural gas transportation project; and `(B) any commercial, technological, or regulatory issues that could affect the project.'. SEC. 6. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES. Section 110(b) (15 U.S.C. 720h(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking `Any Federal agency' and inserting the following: `(1) IN GENERAL- Any Federal agency'; and (3) by adding at the end the following: `(2) EFFECT- Nothing in this Act or the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) shall preclude the construction of a gas liquefaction terminal or any other facilities determined necessary or required for the transportation and export of natural gas from the Alaska North Slope.'. SEC. 7. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM. Section 113 (15 U.S.C. 720k) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking `gas pipeline system' and inserting `natural gas transportation project'; and (B) in subparagraph (B), by striking `gas pipeline' and inserting `natural gas transportation project'; and (2) in subsection (b)(1), by striking `pipeline system' and inserting `transportation project'. SEC. 8. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP. Section 115(1) (15 U.S.C. 720m(1)) is amended by striking `pipeline' and inserting `transportation project'. SEC. 9. LOAN GUARANTEES. Section 116(a)(1) (15 U.S.C. 720n(a)(1)) is amended by inserting `that includes a pipeline to the border between Alaska and Canada approved pursuant to section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c))' after `qualified infrastructure project'. SEC. 10. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO UNITED STATES ALLIES. (a) In General- Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended-- (1) by striking `(c) For purposes' and inserting the following: `(c) Expedited Application and Approval Process- `(1) IN GENERAL- For purposes.'; (2) in paragraph (1) (as so designated), by striking `nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas' and inserting `foreign country described in paragraph (2)'; and (3) by adding at the end the following: `(2) FOREIGN COUNTRY DESCRIBED- A foreign country described in this paragraph is-- `(A) a country with which the United States has in effect a free trade agreement requiring national treatment for trade in natural gas; `(B) a member country of the North Atlantic Treaty Organization; `(C) subject to paragraph (3), Japan; and `(D) any other foreign country if the Secretary of State, in consultation with the Secretary of Defense, determines that exportation of natural gas to that foreign country would promote the national security interests of the United States. `(3) EXPORTATION OF NATURAL GAS TO JAPAN- The exportation of natural gas to Japan shall be deemed to be consistent with the public interest pursuant to paragraph (1), and applications for such exportation shall be granted without modification or delay under that paragraph, during only such period as the Treaty of Mutual Cooperation and Security, signed at Washington January 19, 1960, and entered into force June 23, 1960 (11 UST 1632; TIAS 4509), between the United States and Japan, remains in effect.'. (b) Effective Date- The amendments made by subsection (a) shall apply to applications for the authorization to export natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on, or filed on or after, the date of enactment of this Act.
S.2074 Feb-27-14
STATUS: February 27, 2014.--Introduced. March 4, 2014.--Mr. Bennet and Mrs. Murkowski added as cosponsors. S.2074 Energy Savings and Industrial Competitiveness Act of 2014 (Introduced in Senate - IS) S 2074 IS 113th CONGRESS2d SessionS. 2074 To promote energy savings in residential buildings and industry, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 27, 2014 Mrs. SHAHEEN (for herself, Mr. PORTMAN, Ms. LANDRIEU, Mr. COONS, Mr. WARNER, Mr. FRANKEN, Mr. MANCHIN, Ms. COLLINS, Ms. AYOTTE, Mr. WICKER, Mr. HOEVEN, and Mr. ISAKSON) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote energy savings in residential buildings and industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Energy Savings and Industrial Competitiveness Act of 2014'. (b) Table of Contents- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--BUILDINGS Subtitle A--Building Energy Codes Sec. 101. Greater energy efficiency in building codes. Subtitle B--Worker Training and Capacity Building Sec. 111. Building training and assessment centers. Sec. 112. Career skills training. Subtitle C--School Buildings Sec. 121. Coordination of energy retrofitting assistance for schools. Subtitle D--Better Buildings Sec. 131. Energy efficiency in Federal and other buildings. Sec. 132. Separate spaces with high-performance energy efficiency measures. Sec. 133. Tenant star program. Subtitle E--Energy Information for Commercial Buildings Sec. 141. Energy information for commercial buildings. TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS Subtitle A--Manufacturing Energy Efficiency Sec. 201. Purposes. Sec. 202. Future of Industry program. Sec. 203. Sustainable manufacturing initiative. Sec. 204. Conforming amendments. Subtitle B--Supply Star Sec. 211. Supply Star. Subtitle C--Electric Motor Rebate Program Sec. 221. Energy saving motor control, electric motor, and advanced motor systems rebate program. Subtitle D--Transformer Rebate Program Sec. 231. Energy efficient transformer rebate program. TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY Sec. 301. Energy-efficient and energy-saving information technologies. Sec. 302. Availability of funds for design updates. Sec. 303. Energy efficient data centers. Sec. 304. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. TITLE IV--REGULATORY PROVISIONS Subtitle A--Third-Party Certification Under Energy Star Program Sec. 401. Third-party certification under Energy Star program. Subtitle B--Federal Green Buildings Sec. 411. High-performance green Federal buildings. Subtitle C--Water Heaters Sec. 421. Grid-enabled water heaters. Subtitle D--Energy Performance Requirement for Federal Buildings Sec. 431. Energy performance requirement for Federal buildings. Sec. 432. Federal building energy efficiency performance standards; certification system and level for green buildings. Sec. 433. Enhanced energy efficiency underwriting. Subtitle E--Third-Party Testing Sec. 441. Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products. TITLE V--MISCELLANEOUS Sec. 501. Offset. Sec. 502. Budgetary effects. Sec. 503. Advance appropriations required. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term `Secretary' means the Secretary of Energy. TITLE I--BUILDINGSSubtitle A--Building Energy Codes SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING CODES. (a) Definitions- Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended-- (1) by striking paragraph (14) and inserting the following: `(14) MODEL BUILDING ENERGY CODE- The term `model building energy code' means a voluntary building energy code and standards developed and updated through a consensus process among interested persons, such as the IECC or the code used by-- `(A) the Council of American Building Officials, or its legal successor, International Code Council, Inc.; `(B) the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; or `(C) other appropriate organizations.'; and (2) by adding at the end the following: `(17) IECC- The term `IECC' means the International Energy Conservation Code. `(18) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).'. (b) State Building Energy Efficiency Codes- Section 304 of the Energy Conservation and Production Act (42 U.S.C. 6833) is amended to read as follows: `SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. `(a) In General- The Secretary shall-- `(1) encourage and support the adoption of building energy codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, or achieve equivalent or greater energy savings; and `(2) support full compliance with the State and local codes. `(b) State and Indian Tribe Certification of Building Energy Code Updates- `(1) REVIEW AND UPDATING OF CODES BY EACH STATE AND INDIAN TRIBE- `(A) IN GENERAL- Not later than 2 years after the date on which a model building energy code is updated, each State or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively. `(B) DEMONSTRATION- The certification shall include a demonstration of whether or not the energy savings for the code provisions that are in effect throughout the State or Indian tribal territory meet or exceed-- `(i) the energy savings of the updated model building energy code; or `(ii) the targets established under section 307(b)(2). `(C) NO MODEL BUILDING ENERGY CODE UPDATE- If a model building energy code is not updated by a target date established under section 307(b)(2)(D), each State or Indian tribe shall, not later than 2 years after the specified date, certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian tribe, respectively, to meet or exceed the target in section 307(b)(2). `(2) VALIDATION BY SECRETARY- Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall-- `(A) determine whether the code provisions of the State or Indian tribe, respectively, meet the criteria specified in paragraph (1); and `(B) if the determination is positive, validate the certification. `(c) Improvements in Compliance With Building Energy Codes- `(1) REQUIREMENT- `(A) IN GENERAL- Not later than 3 years after the date of a certification under subsection (b), each State and Indian tribe shall certify whether or not the State and Indian tribe, respectively, has-- `(i) achieved full compliance under paragraph (3) with the applicable certified State and Indian tribe building energy code or with the associated model building energy code; or `(ii) made significant progress under paragraph (4) toward achieving compliance with the applicable certified State and Indian tribe building energy code or with the associated model building energy code. `(B) REPEAT CERTIFICATIONS- If the State or Indian tribe certifies progress toward achieving compliance, the State or Indian tribe shall repeat the certification until the State or Indian tribe certifies that the State or Indian tribe has achieved full compliance, respectively. `(2) MEASUREMENT OF COMPLIANCE- A certification under paragraph (1) shall include documentation of the rate of compliance based on-- `(A) independent inspections of a random sample of the buildings covered by the code in the preceding year; or `(B) an alternative method that yields an accurate measure of compliance. `(3) ACHIEVEMENT OF COMPLIANCE- A State or Indian tribe shall be considered to achieve full compliance under paragraph (1) if-- `(A) at least 90 percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph (1), or achieves equivalent or greater energy savings level; or `(B) the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph (1) in the preceding year, compared to a baseline of comparable buildings that meet this code, is not more than 5 percent of the estimated energy use of all buildings covered by this code during the preceding year. `(4) SIGNIFICANT PROGRESS TOWARD ACHIEVEMENT OF COMPLIANCE- A State or Indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe-- `(A) has developed and is implementing a plan for achieving compliance during the 8-year period beginning on the date of enactment of this paragraph, including annual targets for compliance and active training and enforcement programs; and `(B) has met the most recent target under subparagraph (A). `(5) VALIDATION BY SECRETARY- Not later than 90 days after a State or Indian tribe certification under paragraph (1), the Secretary shall-- `(A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including accurate measurement of compliance; and `(B) if the determination is positive, validate the certification. `(d) States or Indian Tribes That Do Not Achieve Compliance- `(1) REPORTING- A State or Indian tribe that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on-- `(A) the status of the State or Indian tribe with respect to meeting the requirements and submitting the certification; and `(B) a plan for meeting the requirements and submitting the certification. `(2) FEDERAL SUPPORT- For any State or Indian tribe for which the Secretary has not validated a certification by a deadline under subsection (b) or (c), the lack of the certification may be a consideration for Federal support authorized under this section for code adoption and compliance activities. `(3) LOCAL GOVERNMENT- In any State or Indian tribe for which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal support by meeting the certification requirements of subsections (b) and (c). `(4) ANNUAL REPORTS BY SECRETARY- `(A) IN GENERAL- The Secretary shall annually submit to Congress, and publish in the Federal Register, a report on-- `(i) the status of model building energy codes; `(ii) the status of code adoption and compliance in the States and Indian tribes; `(iii) implementation of this section; and `(iv) improvements in energy savings over time as result of the targets established under section 307(b)(2). `(B) IMPACTS- The report shall include estimates of impacts of past action under this section, and potential impacts of further action, on-- `(i) upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings; `(ii) resulting energy costs to individuals and businesses; and `(iii) resulting overall annual building ownership and operating costs. `(e) Technical Assistance to States and Indian Tribes- The Secretary shall provide technical assistance to States and Indian tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian tribes-- `(1) to improve and implement State residential and commercial building energy codes; `(2) to demonstrate that the code provisions of the States and Indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets; `(3) to document the rate of compliance with a building energy code; and `(4) to otherwise promote the design and construction of energy efficient buildings. `(f) Availability of Incentive Funding- `(1) IN GENERAL- The Secretary shall provide incentive funding to States and Indian tribes-- `(A) to implement the requirements of this section; `(B) to improve and implement residential and commercial building energy codes, including increasing and verifying compliance with the codes and training of State, tribal, and local building code officials to implement and enforce the codes; and `(C) to promote building energy efficiency through the use of the codes. `(2) ADDITIONAL FUNDING- Additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection (c)-- `(A) to a State or Indian tribe for which the Secretary has validated a certification under subsection (b) or (c); and `(B) in a State or Indian tribe that is not eligible under subparagraph (A), to a local government that is eligible under this section. `(3) TRAINING- Of the amounts made available under this subsection, the State or Indian tribe may use amounts required, but not to exceed $750,000 for a State, to train State and local building code officials to implement and enforce codes described in paragraph (2). `(4) LOCAL GOVERNMENTS- States may share grants under this subsection with local governments that implement and enforce the codes. `(g) Stretch Codes and Advanced Standards- `(1) IN GENERAL- The Secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as-- `(A) an option for adoption as a building energy code by local, tribal, or State governments; and `(B) guidelines for energy-efficient building design. `(2) TARGETS- The stretch codes and advanced standards shall be designed-- `(A) to achieve substantial energy savings compared to the model building energy codes; and `(B) to meet targets under section 307(b), if available, at least 3 to 6 years in advance of the target years. `(h) Studies- The Secretary, in consultation with building science experts from the National Laboratories and institutions of higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of-- `(1) code improvements that would require that buildings be designed, sited, and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies; `(2) code procedures to incorporate measured lifetimes, not just first-year energy use, in trade-offs and performance calculations; and `(3) legislative options for increasing energy savings from building energy codes, including additional incentives for effective State and local action, and verification of compliance with and enforcement of a code other than by a State or local government. `(i) Effect on Other Laws- Nothing in this section or section 307 supersedes or modifies the application of sections 321 through 346 of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.). `(j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section and section 307 $200,000,000, to remain available until expended.'. (c) Federal Building Energy Efficiency Standards- Section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) is amended by striking `voluntary building energy code' each place it appears in subsections (a)(2)(B) and (b) and inserting `model building energy code'. (d) Model Building Energy Codes- Section 307 of the Energy Conservation and Production Act (42 U.S.C. 6836) is amended to read as follows: `SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES. `(a) In General- The Secretary shall support the updating of model building energy codes. `(b) Targets- `(1) IN GENERAL- The Secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph (2). `(2) TARGETS- `(A) IN GENERAL- The Secretary shall work with State, Indian tribes, local governments, nationally recognized code and standards developers, and other interested parties to support the updating of model building energy codes by establishing one or more aggregate energy savings targets to achieve the purposes of this section. `(B) SEPARATE TARGETS- The Secretary may establish separate targets for commercial and residential buildings. `(C) BASELINES- The baseline for updating model building energy codes shall be the 2009 IECC for residential buildings and ASHRAE Standard 90.1-2010 for commercial buildings. `(D) SPECIFIC YEARS- `(i) IN GENERAL- Targets for specific years shall be established and revised by the Secretary through rulemaking and coordinated with nationally recognized code and standards developers at a level that-- `(I) is at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective, while accounting for the economic considerations under paragraph (4); `(II) is higher than the preceding target; and `(III) promotes the achievement of commercial and residential high-performance buildings through high performance energy efficiency (within the meaning of section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061)). `(ii) INITIAL TARGETS- Not later than 1 year after the date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. `(iii) DIFFERENT TARGET YEARS- Subject to clause (i), prior to the applicable year, the Secretary may set a later target year for any of the model building energy codes described in subparagraph (A) if the Secretary determines that a target cannot be met. `(iv) SMALL BUSINESS- When establishing targets under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121). `(3) APPLIANCE STANDARDS AND OTHER FACTORS AFFECTING BUILDING ENERGY USE- In establishing building code targets under paragraph (2), the Secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- `(A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; `(B) advancement of distributed generation and on-site renewable power generation technologies; `(C) equipment improvements for heating, cooling, and ventilation systems; `(D) building management systems and SmartGrid technologies to reduce energy use; and `(E) other technologies, practices, and building systems that the Secretary considers appropriate regarding building plug load and other energy uses. `(4) ECONOMIC CONSIDERATIONS- In establishing and revising building code targets under paragraph (2), the Secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners, including a return on investment analysis. `(c) Technical Assistance to Model Building Energy Code-Setting and Standard Development Organizations- `(1) IN GENERAL- The Secretary shall, on a timely basis, provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section. `(2) ASSISTANCE- The assistance shall include, as requested by the organizations, technical assistance in-- `(A) evaluating code or standards proposals or revisions; `(B) building energy analysis and design tools; `(C) building demonstrations; `(D) developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes; `(E) performance-based standards; `(F) evaluating economic considerations under subsection (b)(4); and `(G) developing model building energy codes by Indian tribes in accordance with tribal law. `(3) AMENDMENT PROPOSALS- The Secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations, with supporting evidence, sufficient to enable the model building energy codes to meet the targets established under subsection (b)(2). `(4) ANALYSIS METHODOLOGY- The Secretary shall make publicly available the entire calculation methodology (including input assumptions and data) used by the Secretary to estimate the energy savings of code or standard proposals and revisions. `(d) Determination- `(1) REVISION OF MODEL BUILDING ENERGY CODES- If the provisions of the IECC or ASHRAE Standard 90.1 regarding building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of the revision, and a final determination not later than 15 months after the date of the revision, on whether or not the revision will-- `(A) improve energy efficiency in buildings compared to the existing model building energy code; and `(B) meet the applicable targets under subsection (b)(2). `(2) CODES OR STANDARDS NOT MEETING TARGETS- `(A) IN GENERAL- If the Secretary makes a preliminary determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection (b)(2), the Secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence, taking into consideration-- `(i) whether the modified code is technically feasible and life-cycle cost effective; `(ii) available appliances, technologies, materials, and construction practices; and `(iii) the economic considerations under subsection (b)(4). `(B) INCORPORATION OF CHANGES- `(i) IN GENERAL- On receipt of the proposed changes, the model building energy code or standard developer shall have an additional 270 days to accept or reject the proposed changes of the Secretary to the model building energy code or standard for the Secretary to make a final determination. `(ii) FINAL DETERMINATION- A final determination under paragraph (1) shall be on the modified model building energy code or standard. `(e) Administration- In carrying out this section, the Secretary shall-- `(1) publish notice of targets and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including any supporting modeling, data, assumptions, protocols, and cost-benefit analysis, including return on investment; and `(2) provide an opportunity for public comment on targets and supporting analysis and determinations under this section. `(f) Voluntary Codes and Standards- Notwithstanding any other provision of this section, any model building code or standard established under section 304 shall not be binding on a State, local government, or Indian tribe as a matter of Federal law.'. Subtitle B--Worker Training and Capacity Building SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. (a) In General- The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish building training and assessment centers-- (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation; (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians; (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and (6) to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States. (b) Coordination and Nonduplication- (1) IN GENERAL- The Secretary shall coordinate the program with the industrial research and assessment centers program and with other Federal programs to avoid duplication of effort. (2) COLLOCATION- To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with Industrial Assessment Centers. (c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. SEC. 112. CAREER SKILLS TRAINING. (a) In General- The Secretary shall pay grants to eligible entities described in subsection (b) to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies, including technologies described in section 307(b)(3) of the Energy Conservation and Production Act (42 U.S.C. 6836(b)(3)). (b) Eligibility- To be eligible to obtain a grant under subsection (a), an entity shall be a nonprofit partnership described in section 171(e)(2)(B)(ii) of the Workforce Investment Act of 1998 (29 U.S.C. 2916(e)(2)(B)(ii)). (c) Federal Share- The Federal share of the cost of carrying out a career skills training program described in subsection (a) shall be 50 percent. (d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. 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. Subtitle D--Better Buildings SEC. 131. ENERGY EFFICIENCY IN FEDERAL AND OTHER BUILDINGS. (a) Definitions- In this section: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of General Services. (2) COST-EFFECTIVE ENERGY EFFICIENCY MEASURE- The terms `cost-effective energy efficiency measure' and `measure' mean any building product, material, equipment, or service and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (b) Model Provisions, Policies, and Best Practices- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary and after providing the public with an opportunity for notice and comment, shall develop model leasing provisions and best practices in accordance with this subsection. (2) COMMERCIAL LEASING- (A) IN GENERAL- The model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) USE OF MODEL PROVISIONS- The Administrator may use the model provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) PUBLICATION- The Administrator shall periodically publish the model leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) REALTY SERVICES- The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) STATE AND LOCAL ASSISTANCE- The Administrator, in consultation with the Secretary, shall make available model leasing provisions and best practices developed under this subsection to State, county, and municipal governments to manage owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures. SEC. 132. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: `SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. `(2) SEPARATE SPACES- The term `separate spaces' means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. `(b) Study- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of-- `(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and `(B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. `(2) SCOPE- The study shall, at a minimum, include-- `(A) descriptions of-- `(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; `(ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; `(iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; `(iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; `(v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; `(vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; `(vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and `(viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and `(B) case studies reporting economic and energy saving returns in the design and construction of separate spaces with high-performance energy efficiency measures. `(3) PUBLIC PARTICIPATION- Not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. `(4) PUBLICATION- The Secretary shall publish the study on the website of the Department of Energy.'. SEC. 133. TENANT STAR PROGRAM. Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 132) is amended by adding at the end the following: `SEC. 425. TENANT STAR PROGRAM. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' has the meaning given the term in section 424. `(2) SEPARATE SPACES- The term `separate spaces' has the meaning given the term in section 424. `(b) Tenant Star- The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. `(c) Expanding Survey Data- The Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall-- `(1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on-- `(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and `(B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; `(2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after the date of enactment of this section, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect such data and begin to collect such data; and `(3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). `(d) Recognition of Owners and Tenants- `(1) OCCUPANCY-BASED RECOGNITION- Not later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment-- `(A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; `(B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and `(C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. `(2) DESIGN- AND CONSTRUCTION-BASED RECOGNITION- After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces.'. Subtitle E--Energy Information for Commercial Buildings SEC. 141. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels- Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking `paragraph (2)' and inserting `paragraph (1)'; and (2) by striking `signing the contract,' and all that follows through the period at the end and inserting the following: `signing the contract, the following requirements are met: `(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. `(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- `(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and `(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. `(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.'. (b) Department of Energy Study- (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study, with opportunity for public comment-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) SUBMISSION TO CONGRESS- At the conclusion of the study, the Secretary shall submit to Congress a report on the results of the study. (c) Creation and Maintenance of Databases- (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary, in coordination with other relevant agencies shall, to carry out the purpose described in paragraph (2)-- (A) assess existing databases; and (B) as necessary-- (i) modify and maintain existing databases; or (ii) create and maintain a new database platform. (2) PURPOSE- The maintenance of existing databases or creation of a new database platform under paragraph (1) shall be for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) buildings that have received energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, in an anonymous form, unless the owner provides otherwise. (d) Competitive Awards- Based on the results of the research for the portion of the study described in subsection (b)(1)(A)(ii), and with criteria developed following public notice and comment, the Secretary may make competitive awards to utilities, utility regulators, and utility partners to develop and implement effective and promising programs to provide aggregated whole building energy consumption information to multitenant building owners. (e) Input From Stakeholders- The Secretary shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (f) Report- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the progress made in complying with this section. (g) Authorization of Appropriations- There is authorized to be appropriated to carry out subsection (b) $2,500,000 for each of fiscal years 2014 through 2018, to remain available until expended. TITLE II--INDUSTRIAL EFFICIENCY AND COMPETITIVENESSSubtitle A--Manufacturing Energy Efficiency SEC. 201. PURPOSES. The purposes of this subtitle are-- (1) to reform and reorient the industrial efficiency programs of the Department of Energy; (2) to establish a clear and consistent authority for industrial efficiency programs of the Department; (3) to accelerate the deployment of technologies and practices that will increase industrial energy efficiency and improve productivity; (4) to accelerate the development and demonstration of technologies that will assist the deployment goals of the industrial efficiency programs of the Department and increase manufacturing efficiency; (5) to stimulate domestic economic growth and improve industrial productivity and competitiveness; and (6) to strengthen partnerships between Federal and State governmental agencies and the private and academic sectors. SEC. 202. FUTURE OF INDUSTRY PROGRAM. (a) In General- Section 452 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111) is amended by striking the section heading and inserting the following: `future of industry program'. (b) Definition of Energy Service Provider- Section 452(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (2) by inserting after paragraph (2): `(3) ENERGY SERVICE PROVIDER- The term `energy service provider' means any business providing technology or services to improve the energy efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry, or any utility operating under a utility energy service project.'. (c) Industrial Research and Assessment Centers- Section 452(e) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)) is amended-- (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (2) by striking `The Secretary' and inserting the following: `(1) IN GENERAL- The Secretary'; (3) in subparagraph (A) (as redesignated by paragraph (1)), by inserting before the semicolon at the end the following: `, including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes'; and (4) by adding at the end the following: `(2) COORDINATION- `(A) IN GENERAL- To increase the value and capabilities of the industrial research and assessment centers, the centers shall-- `(i) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; `(ii) coordinate with the Building Technologies Program of the Department of Energy to provide building assessment services to manufacturers; `(iii) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise and technologies of the National Laboratories for national industrial and manufacturing needs; `(iv) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; `(v) identify opportunities for reducing greenhouse gas emissions; and `(vi) promote sustainable manufacturing practices for small- and medium-sized manufacturers. `(3) OUTREACH- The Secretary shall provide funding for-- `(A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and `(B) coordination activities by each industrial research and assessment center to leverage efforts with-- `(i) Federal and State efforts; `(ii) the efforts of utilities and energy service providers; `(iii) the efforts of regional energy efficiency organizations; and `(iv) the efforts of other industrial research and assessment centers. `(4) WORKFORCE TRAINING- `(A) IN GENERAL- The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. `(B) FEDERAL SHARE- The Federal share of the cost of carrying out internship programs described in subparagraph (A) shall be 50 percent. `(5) SMALL BUSINESS LOANS- The Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations of industrial research and assessment centers established under paragraph (1). `(6) ADVANCED MANUFACTURING STEERING COMMITTEE- The Secretary shall establish an advisory steering committee to provide recommendations to the Secretary on planning and implementation of the Advanced Manufacturing Office of the Department of Energy.'. SEC. 203. SUSTAINABLE MANUFACTURING INITIATIVE. (a) In General- Part E of title III of the Energy Policy and Conservation Act (42 U.S.C. 6341) is amended by adding at the end the following: `SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. `(a) In General- As part of the Office of Energy Efficiency and Renewable Energy, the Secretary, on the request of a manufacturer, shall conduct onsite technical assessments to identify opportunities for-- `(1) maximizing the energy efficiency of industrial processes and cross-cutting systems; `(2) preventing pollution and minimizing waste; `(3) improving efficient use of water in manufacturing processes; `(4) conserving natural resources; and `(5) achieving such other goals as the Secretary determines to be appropriate. `(b) Coordination- The Secretary shall carry out the initiative in coordination with the private sector and appropriate agencies, including the National Institute of Standards and Technology, to accelerate adoption of new and existing technologies and processes that improve energy efficiency. `(c) Research and Development Program for Sustainable Manufacturing and Industrial Technologies and Processes- As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.'. (b) Table of Contents- The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following: `Sec. 376. Sustainable manufacturing initiative.'. SEC. 204. CONFORMING AMENDMENTS. (a) Section 106 of the Energy Policy Act of 2005 (42 U.S.C. 15811) is repealed. (b) Sections 131, 132, 133, 2103, and 2107 of the Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 13453, 13456) are repealed. (c) Section 2101(a) of the Energy Policy Act of 1992 (42 U.S.C. 13451(a)) is amended in the third sentence by striking `sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108' and inserting `sections 2102, 2104, 2105, 2106, and 2108 of this Act and section 376 of the Energy Policy and Conservation Act,'. Subtitle B--Supply Star SEC. 211. SUPPLY STAR. The Energy Policy and Conservation Act is amended by inserting after section 324A (42 U.S.C. 6294a) the following: `SEC. 324B. SUPPLY STAR PROGRAM. `(a) In General- There is established within the Department of Energy a Supply Star program to identify and promote practices, recognize companies, and, as appropriate, recognize products that use highly efficient supply chains in a manner that conserves energy, water, and other resources. `(b) Coordination- In carrying out the program described in subsection (a), the Secretary shall-- `(1) consult with other appropriate agencies; and `(2) coordinate efforts with the Energy Star program established under section 324A. `(c) Duties- In carrying out the Supply Star program described in subsection (a), the Secretary shall-- `(1) promote practices, recognize companies, and, as appropriate, recognize products that comply with the Supply Star program as the preferred practices, companies, and products in the marketplace for maximizing supply chain efficiency; `(2) work to enhance industry and public awareness of the Supply Star program; `(3) collect and disseminate data on supply chain energy resource consumption; `(4) develop and disseminate metrics, processes, and analytical tools (including software) for evaluating supply chain energy resource use; `(5) develop guidance at the sector level for improving supply chain efficiency; `(6) work with domestic and international organizations to harmonize approaches to analyzing supply chain efficiency, including the development of a consistent set of tools, templates, calculators, and databases; and `(7) work with industry, including small businesses, to improve supply chain efficiency through activities that include-- `(A) developing and sharing best practices; and `(B) providing opportunities to benchmark supply chain efficiency. `(d) Evaluation- In any evaluation of supply chain efficiency carried out by the Secretary with respect to a specific product, the Secretary shall consider energy consumption and resource use throughout the entire lifecycle of a product, including production, transport, packaging, use, and disposal. `(e) Grants and Incentives- `(1) IN GENERAL- The Secretary may award grants or other forms of incentives on a competitive basis to eligible entities, as determined by the Secretary, for the purposes of-- `(A) studying supply chain energy resource efficiency; and `(B) demonstrating and achieving reductions in the energy resource consumption of commercial products through changes and improvements to the production supply and distribution chain of the products. `(2) USE OF INFORMATION- Any information or data generated as a result of the grants or incentives described in paragraph (1) shall be used to inform the development of the Supply Star Program. `(f) Training- The Secretary shall use funds to support professional training programs to develop and communicate methods, practices, and tools for improving supply chain efficiency. `(g) Effect of Outsourcing of American Jobs- For purposes of this section, the outsourcing of American jobs in the production of a product shall not count as a positive factor in determining supply chain efficiency. `(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2014 through 2023.'. Subtitle C--Electric Motor Rebate Program SEC. 221. ENERGY SAVING MOTOR CONTROL, ELECTRIC MOTOR, AND ADVANCED MOTOR SYSTEMS REBATE PROGRAM. (a) Definitions- In this section: (1) ADVANCED MOTOR AND DRIVE SYSTEM- The term `advanced motor and drive system' means an electric motor and any required associated electronic control that-- (A) offers variable or multiple speed operation; (B) offers efficiency at a rated full load that is greater than the efficiency described for the equivalent rating in-- (i) table 12-12 of National Electrical Manufacturers Association (NEMA MG 1-2011); or (ii) section 431.446 of National Electrical Manufacturers Association (2012); and (C) uses-- (i) permanent magnet alternating current synchronous motor technology; (ii) electronically commutated motor technology; (iii) switched reluctance motor technology; (iv) synchronous reluctance motor technology; or (v) such other motor that has greater than 1 horsepower and uses a drive systems technology, as determined by the Secretary. (2) ELECTRIC MOTOR- The term `electric motor' has the meaning given the term in section 431.12 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) QUALIFIED PRODUCT- The term `qualified product' means-- (A) a new constant speed electric motor control that-- (i) is attached to an electric motor; and (ii) reduces the energy use of the electric motor by not less than 5 percent; and (B) commercial or industrial machinery or equipment that-- (i) is manufactured and incorporates an advanced motor and drive system that has greater than 1 horsepower into a redesigned machine or equipment that did not previously make use of the advanced motor and drive system; or (ii) was previously used and placed back into service in calendar year 2014 or 2015 that upgrades the existing machine or equipment with an advanced motor and drive system. (b) Establishment- Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a program to provide rebates for expenditures made by qualified entities for the purchase and installation of qualified products. (c) Qualified Entities- A qualified entity under this section shall be-- (1) in the case of a qualified product described in subsection (a)(3)(A), the purchaser of the qualified product for whom the qualified product is installed; and (2) in the case of a qualified product described in subsection (a)(3)(B)), the manufacturer of the machine or equipment that incorporated the advanced motor and drive system into the machine or equipment. (d) Requirements- (1) APPLICATION- To be eligible to receive a rebate under this section, a qualified entity shall submit to the Secretary or an entity designated by the Secretary an application and certification in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the qualified entity purchased a qualified product and-- (A) in the case of a qualified product described in subsection (a)(3)(A)-- (i) demonstrated evidence that the qualified entity installed the qualified product in calendar year 2014 or 2015; (ii) demonstrated evidence that the qualified product reduces motor energy use by not less than 5 percent, in accordance with procedures approved by the Secretary; and (iii) the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity on which the qualified product was installed; and (B) in the case of a qualified product described in subsection (a)(3)(B)-- (i) demonstrated evidence that the manufacturer-- (I) redesigned a machine or equipment of a manufacturer that did not previously make use of an advanced motor and drive system; or (II) upgraded a used machine or equipment to incorporate an advanced motor and drive system; (ii) demonstrated evidence that the qualified product was sold, installed, or placed back into service in calendar year 2014 or 2015; and (iii) the serial number, manufacturer, and model number from the nameplate of the installed motor of the qualified entity with which the advanced motor and drive system is integrated. (2) AUTHORIZED AMOUNT OF REBATE- The Secretary may provide to a qualified entity that has satisfied the requirements of paragraph (1) a rebate the amount of which shall be equal to the product obtained by multiplying-- (A) the nameplate rated horsepower of-- (i) the electric motor to which the new constant speed electric motor control is attached; (ii) the new electric motor that replaced a previously installed electric motor; or (iii) the advanced electric motor control system; and (B) $25. (3) MAXIMUM AGGREGATE AMOUNT- No entity shall be entitled to aggregate rebates under this section in excess of $250,000. (e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 and 2015, to remain available until expended. Subtitle D--Transformer Rebate Program SEC. 231. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM. (a) Definition of Qualified Transformer- In this section, the term `qualified transformer' means a transformer that meets or exceeds the National Electrical Manufacturers Association (NEMA) Premium Efficiency designation, calculated to 2 decimal points, as having 30 percent fewer losses than the NEMA TP-1-2002 efficiency standard for a transformer of the same number of phases and capacity, as measured in kilovolt-amperes. (b) Establishment- Not later than January 1, 2014, the Secretary shall establish a program under which rebates are provided for expenditures made by owners of industrial or manufacturing facilities, commercial buildings, and multifamily residential buildings for the purchase and installation of a new energy efficient transformers. (c) Requirements- (1) APPLICATION- To be eligible to receive a rebate under this section, an owner shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence that the owner purchased a qualified transformer. (2) AUTHORIZED AMOUNT OF REBATE- For qualified transformers, rebates, in dollars per kilovolt-ampere (referred to in this paragraph as `kVA') shall be-- (A) for 3-phase transformers-- (i) with a capacity of not greater than 10 kVA, 15; (ii) with a capacity of not less than 10 kVA and not greater than 100 kVA, the difference between 15 and the quotient obtained by dividing-- (I) the difference between-- (aa) the capacity of the transformer in kVA; and (bb) 10; by (II) 9; and (iii) with a capacity greater than or equal to 100 kVA, 5; and (B) for single-phase transformers, 75 percent of the rebate for a 3-phase transformer of the same capacity. (d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 and 2015, to remain available until expended. (e) Termination of Effectiveness- The authority provided by this section terminates effective December 31, 2015. TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY SEC. 301. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended-- (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: `(h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information Technologies- `(1) DEFINITIONS- In this subsection: `(A) DIRECTOR- The term `Director' means the Director of the Office of Management and Budget. `(B) INFORMATION TECHNOLOGY- The term `information technology' has the meaning given the term in section 11101 of title 40, United States Code. `(2) DEVELOPMENT OF IMPLEMENTATION STRATEGY- Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies. `(3) ADMINISTRATION- In developing an implementation strategy, each Federal agency shall consider-- `(A) advanced metering infrastructure; `(B) energy efficient data center strategies and methods of increasing asset and infrastructure utilization; `(C) advanced power management tools; `(D) building information modeling, including building energy management; and `(E) secure telework and travel substitution tools. `(4) PERFORMANCE GOALS- `(A) IN GENERAL- Not later than September 30, 2014, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology systems. `(B) BEST PRACTICES- The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall supplement the performance goals established under this paragraph with recommendations on best practices for the attainment of the performance goals, to include a requirement for agencies to consider the use of-- `(i) energy savings performance contracting; and `(ii) utility energy services contracting. `(5) REPORTS- `(A) AGENCY REPORTS- Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17143) a description of the efforts and results of the agency under this subsection. `(B) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS- Effective beginning not later than October 1, 2014, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17144) a description of the efforts and results of Federal agencies under this subsection. `(C) USE OF EXISTING REPORTING STRUCTURES- The Director may require Federal agencies to submit any information required to be submitted under this subsection though reporting structures in use as of the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014.'. SEC. 302. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. Section 3307 of title 40, United States Code, is amended-- (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: `(d) Availability of Funds for Design Updates- `(1) IN GENERAL- Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834) and other requirements established under section 3312. `(2) LIMITATION- The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254).'. SEC. 303. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) in subsection (c), by striking paragraph (1) and inserting the following: `(1) IN GENERAL- Not later than 30 days after the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014, the Secretary and the Administrator shall-- `(A) designate an established information technology industry organization to coordinate the program described in subsection (b); and `(B) make the designation public, including on an appropriate website.'; (2) by striking subsections (e) and (f) and inserting the following: `(e) Study- The Secretary, with assistance from the Administrator, shall-- `(1) not later than December 31, 2014, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- `(A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2013; `(B) an analysis considering the impact of information technologies, to include virtualization and cloud computing, in the public and private sectors; and `(C) updated projections and recommendations for best practices through fiscal year 2020; and `(2) collaborate with the organization designated under subsection (c) in preparing the report. `(f) Data Center Energy Practitioner Program- `(1) IN GENERAL- The Secretary, in collaboration with the organization designated under subsection (c) and in consultation with the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. `(2) EVALUATIONS- Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency.'; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: `(g) Open Data Initiative- `(1) IN GENERAL- The Secretary, in collaboration with the organization designated under subsection (c) and in consultation with the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center optimization and consolidation. `(2) ADMINISTRATION- In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. `(h) International Specifications and Metrics- The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. `(i) Data Center Utilization Metric- The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center.'. SEC. 304. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY AND WATER CONSERVATION IMPROVEMENTS AT MULTIFAMILY RESIDENTIAL UNITS. (a) Establishment- The Secretary of Housing and Urban Development (referred to in this section as the `Secretary') shall establish a demonstration program under which, during the period beginning on the date of enactment of this Act, and ending on September 30, 2017, the Secretary may enter into budget-neutral, performance-based agreements that result in a reduction in energy or water costs with such entities as the Secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than 20,000 residential units in multifamily buildings participating in-- (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), other than assistance provided under section 8(o) of that Act; (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(d)(2)). (b) Requirements- (1) PAYMENTS CONTINGENT ON SAVINGS- (A) IN GENERAL- The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) PAYMENT METHODOLOGY- (i) IN GENERAL- Each agreement under this section shall include a pay-for-success provision-- (I) that will serve as a payment threshold for the term of the agreement; and (II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section. (ii) LIMITATIONS- A payment made by the Secretary under an agreement under this section shall-- (I) be contingent on documented utility savings; and (II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) THIRD-PARTY VERIFICATION- Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least-- (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit; (ii) annual third-party confirmation of actual utility consumption and cost for owner-paid utilities; (iii) annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third-party determination of savings to the Secretary. (2) TERM- The term of an agreement under this section shall be not longer than 12 years. (3) ENTITY ELIGIBILITY- The Secretary shall-- (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that demonstrate significant experience relating to-- (i) financing and operating properties receiving assistance under a program described in subsection (a); (ii) oversight of energy and water conservation programs, including oversight of contractors; and (iii) raising capital for energy and water conservation improvements from charitable organizations or private investors. (4) GEOGRAPHICAL DIVERSITY- Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (c) Plan and Reports- (1) PLAN- Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section. (2) REPORTS- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall-- (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding- For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a). TITLE IV--REGULATORY PROVISIONSSubtitle A--Third-Party Certification Under Energy Star Program SEC. 401. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR PROGRAM. Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the following: `(e) Third-Party Certification- `(1) IN GENERAL- Subject to paragraph (2), not later than 180 days after the date of enactment of this subsection, the Administrator shall revise the certification requirements for the labeling of consumer, home, and office electronic products for program partners that have complied with all requirements of the Energy Star program for a period of at least 18 months. `(2) ADMINISTRATION- In the case of a program partner described in paragraph (1), the new requirements under paragraph (1)-- `(A) shall not require third-party certification for a product to be listed; but `(B) may require that test data and other product information be submitted to facilitate product listing and performance verification for a sample of products. `(3) THIRD PARTIES- Nothing in this subsection prevents the Administrator from using third parties in the course of the administration of the Energy Star program. `(4) TERMINATION- `(A) IN GENERAL- Subject to subparagraph (B), an exemption from third-party certification provided to a program partner under paragraph (1) shall terminate if the program partner is found to have violated program requirements with respect to at least 2 separate models during a 2-year period. `(B) RESUMPTION- A termination for a program partner under subparagraph (A) shall cease if the program partner complies with all Energy Star program requirements for a period of at least 3 years.'. Subtitle B--Federal Green Buildings SEC. 411. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS. Section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) is amended-- (1) in the subsection heading, by striking `System' and inserting `Systems'; (2) by striking paragraph (1) and inserting the following: `(1) IN GENERAL- Based on an ongoing review, the Federal Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those certification systems that the Director identifies as the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings.'; and (3) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking `system' and inserting `systems'; (B) by striking subparagraph (A) and inserting the following: `(A) an ongoing review provided to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), which shall-- `(i) be carried out by the Federal Director to compare and evaluate standards; and `(ii) allow any developer or administrator of a rating system or certification system to be included in the review;'; (C) in subparagraph (E)(v), by striking `and' after the semicolon at the end; (D) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: `(G) a finding that, for all credits addressing grown, harvested, or mined materials, the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing; and `(H) a finding that the system incorporates life-cycle assessment as a credit pathway.'. Subtitle C--Water Heaters SEC. 421. 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 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.'. Subtitle D--Energy Performance Requirement for Federal Buildings SEC. 431. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) 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 YearReduction 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 2014, 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. 432. 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) (as amended by section 101(a)) 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: `(19) 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 2014, 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) as of the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014; 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 subclause (I)(aa), including updates under subparagraph (B); 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; `(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; and `(V) in addition to complying with the other requirements under this paragraph, unless found not to be life-cycle cost effective, new Federal buildings that are at least 5,000 square feet in size shall comply with the Guiding Principles for Sustainable New Construction and Major Renovations (as established in the document entitled High Performance and Sustainable Buildings Guidance (Final) and dated December 1, 2008). `(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) UPDATES- Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary shall determine whether the revised standards established under subparagraph (A) should be updated to reflect the revisions, based on the energy savings and life-cycle cost-effectiveness of the revisions.'; (B) in subparagraph (C), by striking `(C) In the budget request' and inserting the following: `(C) BUDGET REQUEST- In the budget request'; and (C) by striking subparagraph (D) and inserting the following: `(D) CERTIFICATION FOR GREEN BUILDINGS- `(i) SUSTAINABLE DESIGN PRINCIPLES- Sustainable design principles shall be applied to the siting, design, and construction of buildings covered by this subparagraph. `(ii) SELECTION OF CERTIFICATION SYSTEMS- The Secretary, after reviewing the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)), in consultation with the Administrator of General Services, and in consultation with the Secretary of Defense relating to those facilities under the custody and control of the Department of Defense, shall determine those certification systems for green commercial and residential buildings that the Secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings. `(iii) BASIS FOR SELECTION- The determination of the certification systems under clause (ii) shall be based on ongoing review of the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)) and the criteria described in clause (v). `(iv) ADMINISTRATION- In determining certification systems under this subparagraph, the Secretary shall-- `(I) make a separate determination for all or part of each system; `(II) confirm that the criteria used to support the selection of building products, materials, brands, and technologies are fair and neutral (meaning that such criteria are based on an objective assessment of relevant technical data), do not prohibit, disfavor, or discriminate against selection based on technically inadequate information to inform human or environmental risk, and are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures; and `(III) use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines. `(v) CONSIDERATIONS- In determining the green building certification systems under this subparagraph, the Secretary shall take into consideration-- `(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; `(II) the ability of the applicable certification organization to collect and reflect public comment; `(III) the ability of the standard to be developed and revised through a consensus-based process; `(IV) an evaluation of the robustness of the criteria for a high-performance green building, which shall give credit for promoting-- `(aa) efficient and sustainable use of water, energy, and other natural resources; `(bb) use of renewable energy sources; `(cc) improved indoor environmental quality through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and `(dd) such other criteria as the Secretary determines to be appropriate; and `(V) national recognition within the building industry. `(vi) REVIEW- The Secretary, in consultation with the Administrator of General Services and the Secretary of Defense, shall conduct an ongoing review to evaluate and compare private sector green building certification systems, taking into account-- `(I) the criteria described in clause (v); and `(II) the identification made by the Federal Director under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)). `(vii) EXCLUSIONS- `(I) IN GENERAL- Subject to subclause (II), if a certification system fails to meet the review requirements of clause (v), the Secretary shall-- `(aa) identify the portions of the system, whether prerequisites, credits, points, or otherwise, that meet the review criteria of clause (v); `(bb) determine the portions of the system that are suitable for use; and `(cc) exclude all other portions of the system from identification and use. `(II) ENTIRE SYSTEMS- The Secretary shall exclude an entire system from use if an exclusion under subclause (I)-- `(aa) impedes the integrated use of the system; `(bb) creates disparate review criteria or unequal point access for competing materials; or `(cc) increases agency costs of the use. `(viii) INTERNAL CERTIFICATION PROCESSES- The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in lieu of certification by certification entities identified under clause (ii). `(ix) PRIVATIZED MILITARY HOUSING- With respect to privatized military housing, the Secretary of Defense, after consultation with the Secretary may, through rulemaking, develop alternative certification systems and levels than the systems and levels identified under clause (ii) that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance. `(x) WATER CONSERVATION TECHNOLOGIES- In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective. `(xi) EFFECTIVE DATE- `(I) DETERMINATIONS MADE AFTER DECEMBER 31, 2015- The amendments made by section 432(b)(1)(C) of the Energy Savings and Industrial Competitiveness Act of 2014 shall apply to any determination made by a Federal agency after December 31, 2015. `(II) DETERMINATIONS MADE ON OR BEFORE DECEMBER 31, 2015- This subparagraph (as in effect on the day before the date of enactment of the Energy Savings and Industrial Competitiveness Act of 2014) shall apply to any use of a certification system for green commercial and residential buildings by a Federal agency on or before December 31, 2015.'; 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), 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.'. SEC. 433. ENHANCED ENERGY EFFICIENCY UNDERWRITING. (a) Definitions- In this section: (1) COVERED AGENCY- The term `covered agency'-- (A) means-- (i) an executive agency, as that term is defined in section 102 of title 31, United States Code; and (ii) any other agency of the Federal Government; and (B) includes any enterprise, as that term is defined under section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (2) COVERED LOAN- The term `covered loan' means a loan secured by a home that is issued, insured, purchased, or securitized by a covered agency. (3) HOMEOWNER- The term `homeowner' means the mortgagor under a covered loan. (4) MORTGAGEE- The term `mortgagee' means-- (A) an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (B) any affiliate, agent, subsidiary, successor, or assignee of an original lender under a covered loan or the holder of a covered loan at the time at which that mortgage transaction is consummated; (C) any servicer of a covered loan; and (D) any subsequent purchaser, trustee, or transferee of any covered loan issued by an original lender. (5) SECRETARY- The term `Secretary' means the Secretary of Housing and Urban Development. (6) SERVICER- The term `servicer' means the person or entity responsible for the servicing of a covered loan, including the person or entity who makes or holds a covered loan if that person or entity also services the covered loan. (7) SERVICING- The term `servicing' has the meaning given the term in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)). (b) Findings and Purposes- (1) FINDINGS- Congress finds that-- (A) energy costs for homeowners are a significant and increasing portion of their household budgets; (B) household energy use can vary substantially depending on the efficiency and characteristics of the house; (C) expected energy cost savings are important to the value of the house; (D) the current test for loan affordability used by most covered agencies, commonly known as the `debt-to-income' test, is inadequate because it does not take into account the expected energy cost savings for the homeowner of an energy efficient home; and (E) another loan limitation, commonly known as the `loan-to-value' test, is tied to the appraisal, which often does not adjust for efficiency features of houses. (2) PURPOSES- The purposes of this section are to-- (A) improve the accuracy of mortgage underwriting by Federal mortgage agencies by ensuring that energy cost savings are included in the underwriting process as described below, and thus to reduce the amount of energy consumed by homes and to facilitate the creation of energy efficiency retrofit and construction jobs; (B) require a covered agency to include the expected energy cost savings of a homeowner as a regular expense in the tests, such as the debt-to-income test, used to determine the ability of the loan applicant to afford the cost of homeownership for all loan programs; and (C) require a covered agency to include the value home buyers place on the energy efficiency of a house in tests used to compare the mortgage amount to home value, taking precautions to avoid double-counting and to support safe and sound lending. (c) Enhanced Energy Efficiency Underwriting Criteria- (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall, in consultation with the advisory group established in subsection (f)(2), develop and issue guidelines for a covered agency to implement enhanced loan eligibility requirements, for use when testing the ability of a loan applicant to repay a covered loan, that account for the expected energy cost savings for a loan applicant at a subject property, in the manner set forth in paragraphs (2) and (3). (2) REQUIREMENTS TO ACCOUNT FOR ENERGY COST SAVINGS- The enhanced loan eligibility requirements under paragraph (1) shall require that, for all covered loans for which an energy efficiency report is voluntarily provided to the mortgagee by the mortgagor, the covered agency and the mortgagee shall take into consideration the estimated energy cost savings expected for the owner of the subject property in determining whether the loan applicant has sufficient income to service the mortgage debt plus other regular expenses. To the extent that a covered agency uses a test such as a debt-to-income test that includes certain regular expenses, such as hazard insurance and property taxes, the expected energy cost savings shall be included as an offset to these expenses. Energy costs to be assessed include the cost of electricity, natural gas, oil, and any other fuel regularly used to supply energy to the subject property. (3) DETERMINATION OF ESTIMATED ENERGY COST SAVINGS- (A) IN GENERAL- The guidelines to be issued under paragraph (1) shall include instructions for the covered agency to calculate estimated energy cost savings using-- (i) the energy efficiency report; (ii) an estimate of baseline average energy costs; and (iii) additional sources of information as determined by the Secretary. (B) REPORT REQUIREMENTS- For the purposes of subparagraph (A), an energy efficiency report shall-- (i) estimate the expected energy cost savings specific to the subject property, based on specific information about the property; (ii) be prepared in accordance with the guidelines to be issued under paragraph (1); and (iii) be prepared-- (I) in accordance with the Residential Energy Service Network's Home Energy Rating System (commonly known as `HERS') by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; or (II) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory group established in subsection (f)(2), for use under this section, which shall include a third-party quality assurance procedure. (C) USE BY APPRAISER- If an energy efficiency report is used under paragraph (2), the energy efficiency report shall be provided to the appraiser to estimate the energy efficiency of the subject property and for potential adjustments for energy efficiency. (4) REQUIRED DISCLOSURE TO CONSUMER FOR A HOME WITH AN ENERGY EFFICIENCY REPORT- If an energy efficiency report is used under paragraph (2), the guidelines to be issued under paragraph (1) shall require the mortgagee to-- (A) inform the loan applicant of the expected energy costs as estimated in the energy efficiency report, in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application; and (B) include the energy efficiency report in the documentation for the loan provided to the borrower. (5) REQUIRED DISCLOSURE TO CONSUMER FOR A HOME WITHOUT AN ENERGY EFFICIENCY REPORT- If an energy efficiency report is not used under paragraph (2), the guidelines to be issued under paragraph (1) shall require the mortgagee to inform the loan applicant in a manner and at a time as prescribed by the Secretary, and if practicable, in the documents delivered at the time of loan application of-- (A) typical energy cost savings that would be possible from a cost-effective energy upgrade of a home of the size and in the region of the subject property; (B) the impact the typical energy cost savings would have on monthly ownership costs of a typical home; (C) the impact on the size of a mortgage that could be obtained if the typical energy cost savings were reflected in an energy efficiency report; and (D) resources for improving the energy efficiency of a home. (6) PRICING OF LOANS- (A) IN GENERAL- A covered agency may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of the loans. (B) IMPOSITION OF CERTAIN MATERIAL COSTS, IMPEDIMENTS, OR PENALTIES- In the absence of a publicly disclosed analysis that demonstrates significant additional default risk or prepayment risk associated with the loans, a covered agency shall not impose material costs, impediments, or penalties on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this section. (7) LIMITATIONS- (A) IN GENERAL- A covered agency may price covered loans originated under the enhanced loan eligibility requirements required under this section in accordance with the estimated risk of those loans. (B) PROHIBITED ACTIONS- A covered agency shall not-- (i) modify existing underwriting criteria or adopt new underwriting criteria that intentionally negate or reduce the impact of the requirements or resulting benefits that are set forth or otherwise derived from the enhanced loan eligibility requirements required under this subsection; or (ii) impose greater buy back requirements, credit overlays, or insurance requirements, including private mortgage insurance, on covered loans merely because the loan uses an energy efficiency report or the enhanced loan eligibility requirements required under this subsection. (8) APPLICABILITY AND IMPLEMENTATION DATE- Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, the enhanced loan eligibility requirements required under this subsection shall be implemented by each covered agency to-- (A) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; (B) be available on any residential real property (including individual units of condominiums and cooperatives) that qualifies for a covered loan; and (C) provide prospective mortgagees with sufficient guidance and applicable tools to implement the required underwriting methods. (d) Enhanced Energy Efficiency Underwriting Valuation Guidelines- (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (A) in consultation with the Federal Financial Institutions Examination Council and the advisory group established in subsection (f)(2), develop and issue guidelines for a covered agency to determine the maximum permitted loan amount based on the value of the property for all covered loans made on properties with an energy efficiency report that meets the requirements of subsection (c)(3)(B); and (B) in consultation with the Secretary of Energy, issue guidelines for a covered agency to determine the estimated energy savings under paragraph (3) for properties with an energy efficiency report. (2) REQUIREMENTS- The enhanced energy efficiency underwriting valuation guidelines required under paragraph (1) shall include-- (A) a requirement that if an energy efficiency report that meets the requirements of subsection (c)(3)(B) is voluntarily provided to the mortgagee, such report shall be used by the mortgagee or covered agency to determine the estimated energy savings of the subject property; and (B) a requirement that the estimated energy savings of the subject property be added to the appraised value of the subject property by a mortgagee or covered agency for the purpose of determining the loan-to-value ratio of the subject property, unless the appraisal includes the value of the overall energy efficiency of the subject property, using methods to be established under the guidelines issued under paragraph (1). (3) DETERMINATION OF ESTIMATED ENERGY SAVINGS- (A) AMOUNT OF ENERGY SAVINGS- The amount of estimated energy savings shall be determined by calculating the difference between the estimated energy costs for the average comparable houses, as determined in guidelines to be issued under paragraph (1), and the estimated energy costs for the subject property based upon the energy efficiency report. (B) DURATION OF ENERGY SAVINGS- The duration of the estimated energy savings shall be based upon the estimated life of the applicable equipment, consistent with the rating system used to produce the energy efficiency report. (C) PRESENT VALUE OF ENERGY SAVINGS- The present value of the future savings shall be discounted using the average interest rate on conventional 30-year mortgages, in the manner directed by guidelines issued under paragraph (1). (4) ENSURING CONSIDERATION OF ENERGY EFFICIENT FEATURES- Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339) is amended-- (A) in paragraph (2), by striking `; and' and inserting a semicolon; and (B) in paragraph (3), by striking the period at the end and inserting `; and' and inserting after paragraph (3) the following: `(4) that State certified and licensed appraisers have timely access, whenever practicable, to information from the property owner and the lender that may be relevant in developing an opinion of value regarding the energy- and water-saving improvements or features of a property, such as-- `(A) labels or ratings of buildings; `(B) installed appliances, measures, systems or technologies; `(C) blueprints; `(D) construction costs; `(E) financial or other incentives regarding energy- and water-efficient components and systems installed in a property; `(F) utility bills; `(G) energy consumption and benchmarking data; and `(H) third-party verifications or representations of energy and water efficiency performance of a property, observing all financial privacy requirements adhered to by certified and licensed appraisers, including section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801). Unless a property owner consents to a lender, an appraiser, in carrying out the requirements of paragraph (4), shall not have access to the commercial or financial information of the owner that is privileged or confidential.'. (5) TRANSACTIONS REQUIRING STATE CERTIFIED APPRAISERS- Section 1113 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3342) is amended-- (A) in paragraph (1), by inserting before the semicolon the following: `, or any real property on which the appraiser makes adjustments using an energy efficiency report'; and (B) in paragraph (2), by inserting after `atypical' the following: `, or an appraisal on which the appraiser makes adjustments using an energy efficiency report.'. (6) PROTECTIONS- (A) AUTHORITY TO IMPOSE LIMITATIONS- The guidelines to be issued under paragraph (1) shall include such limitations and conditions as determined by the Secretary to be necessary to protect against meaningful under or over valuation of energy cost savings or duplicative counting of energy efficiency features or energy cost savings in the valuation of any subject property that is used to determine a loan amount. (B) ADDITIONAL AUTHORITY- At the end of the 7-year period following the implementation of enhanced eligibility and underwriting valuation requirements under this section, the Secretary may modify or apply additional exceptions to the approach described in paragraph (2), where the Secretary finds that the unadjusted appraisal will reflect an accurate market value of the efficiency of the subject property or that a modified approach will better reflect an accurate market value. (7) APPLICABILITY AND IMPLEMENTATION DATE- Not later than 3 years after the date of enactment of this Act, and before December 31, 2016, each covered agency shall implement the guidelines required under this subsection, which shall-- (A) apply to any covered loan for the sale, or refinancing of any loan for the sale, of any home; and (B) be available on any residential real property, including individual units of condominiums and cooperatives, that qualifies for a covered loan. (e) Monitoring- Not later than 1 year after the date on which the enhanced eligibility and underwriting valuation requirements are implemented under this section, and every year thereafter, each covered agency with relevant activity shall issue and make available to the public a report that-- (1) enumerates the number of covered loans of the agency for which there was an energy efficiency report, and that used energy efficiency appraisal guidelines and enhanced loan eligibility requirements; (2) includes the default rates and rates of foreclosures for each category of loans; and (3) describes the risk premium, if any, that the agency has priced into covered loans for which there was an energy efficiency report. (f) Rulemaking- (1) IN GENERAL- The Secretary shall prescribe regulations to carry out this section, in consultation with the Secretary of Energy and the advisory group established in paragraph (2), which may contain such classifications, differentiations, or other provisions, and may provide for such proper implementation and appropriate treatment of different types of transactions, as the Secretary determines are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (2) ADVISORY GROUP- To assist in carrying out this section, the Secretary shall establish an advisory group, consisting of individuals representing the interests of-- (A) mortgage lenders; (B) appraisers; (C) energy raters and residential energy consumption experts; (D) energy efficiency organizations; (E) real estate agents; (F) home builders and remodelers; (G) State energy officials; and (H) others as determined by the Secretary. (g) Additional Study- (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act, the Secretary shall reconvene the advisory group established in subsection (f)(2), in addition to water and locational efficiency experts, to advise the Secretary on the implementation of the enhanced energy efficiency underwriting criteria established in subsections (c) and (d). (2) RECOMMENDATIONS- The advisory group established in subsection (f)(2) shall provide recommendations to the Secretary on any revisions or additions to the enhanced energy efficiency underwriting criteria deemed necessary by the group, which may include alternate methods to better account for home energy costs and additional factors to account for substantial and regular costs of homeownership such as location-based transportation costs and water costs. The Secretary shall forward any legislative recommendations from the advisory group to Congress for its consideration. Subtitle E--Third-Party Testing SEC. 441. VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS. Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following: `(6) VOLUNTARY CERTIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS- `(A) DEFINITION OF BASIC MODEL GROUP- In this paragraph, the term `basic model group' means a set of models-- `(i) that share characteristics that allow the performance of 1 model to be generally representative of the performance of other models within the group; and `(ii) in which the group of products does not necessarily have to share discrete performance. `(B) RELIANCE ON VOLUNTARY CERTIFICATION PROGRAMS- For the purpose of testing to verify the performance rating of, or receiving test reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342, the covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator shall rely on voluntary certification programs that-- `(i) are nationally recognized; `(ii) maintain a publicly available list of all certified products and equipment; `(iii) as determined by the Secretary, annually test not less than 10 percent and not more than 30 percent of the basic model group of a program participant; `(iv) require the changing of the performance rating or removal of the product or equipment from the program, if verification testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; `(v) require the qualification of new participants in the program through testing and production of test reports; `(vi) allow for challenge testing of products and equipment within the scope of the program; `(vii) require program participants to certify the performance rating of all covered products and equipment within the scope of the program; `(viii) are conducted by a certification body that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17065; `(ix) provide to the Secretary-- `(I) an annual report of all test results; `(II) prompt notification when program testing results in-- `(aa) the rerating of the performance rating of a product or equipment; or `(bb) the delisting of a product or equipment; and `(III) test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) of title 5, United States Code (commonly known as the `Freedom of Information Act'); `(x) use verification testing that-- `(I) is conducted by an independent test laboratory that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products or equipment; `(II) follows the test procedures established under this title; and `(III) notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and `(xi) satisfy such other requirements as the Secretary has determined-- `(I) are essential to ensure standards compliance; or `(II) have consensus support achieved through a negotiated rulemaking process. `(C) ADMINISTRATION- `(i) IN GENERAL- The Secretary shall not require-- `(I) manufacturers to participate in a voluntary certification program described in subparagraph (B); or `(II) participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (B). `(ii) LIST OF COVERED PRODUCTS- The Secretary or the Administrator may maintain a publicly available list of covered products and equipment certified under a program described in subparagraph (B) that distinguishes between-- `(I) covered products and equipment verified by the program; and `(II) products not verified by the program. `(iii) REDUCTION OF REQUIREMENTS- Any rules promulgated by the Secretary that require testing of products or equipment for certification of performance ratings shall on average reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (B) for the products or equipment relative to other manufacturers. `(iv) PERIODIC TESTING BY PROGRAM NONPARTICIPANTS- In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (B)-- `(I) to verify the accuracy of the performance rating of the product or equipment through periodic testing using the testing methods described in clause (iii) or (x) of subparagraph (B); and `(II) to provide to the Secretary test results and, on request, test reports verifying the certified performance for each basic model group of the manufacturer. `(v) RESTRICTIONS ON TEST LABORATORIES- `(I) IN GENERAL- Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (B) shall not be a test laboratory that conducts the testing on products or equipment within the scope of the program. `(II) LIMITATION- Subclause (I) shall not apply to Energy Star specifications established under section 324A. `(vi) EFFECT ON OTHER AUTHORITY- Nothing in this paragraph limits the authority of the Secretary or the Administrator to test products or equipment or to enforce compliance with any law (including regulations).'. TITLE V--MISCELLANEOUS SEC. 501. 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 year 2013; `(5) $197,500,000 for each of fiscal year 2014; `(6) $147,500,000 for fiscal year 2015; and `(7) $97,500,000 for each of fiscal years 2016 through 2018.'. SEC. 502. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled `Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 503. ADVANCE APPROPRIATIONS REQUIRED. The authorization of amounts under this Act and the amendments made by this Act shall be effective for any fiscal year only to the extent and in the amount provided in advance in appropriations Acts.