S.Amdt. 153

SA 153. Mr. WICKER submitted an amendment intended to be proposed to
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr.
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.

Section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)) is amended--
(1) in clause (i), by striking subclause (III) and
inserting the following:

``(III) Sustainable design principles.--

``(aa) In general.--Sustainable design principles shall be
applied to the siting, design, and construction of buildings
covered by this clause.
``(bb) 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.
``(cc) Basis for selection.--The determination of the
certification systems 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 (iii).
``(dd) Administration.--In determining certification
systems under this subclause, the Secretary shall--
``(AA) make a separate determination for all or part of
each system;
``(BB) use criteria that does not prohibit, disfavor, or
discriminate against any specific technology, brand, product,
or material based on a hazard characteristic or other
arbitrary measure and is based on an objective assessment of
relevant technical data; and
``(CC) use environmental and health criteria that are based
on risk assessment methodology that is generally accepted by
the applicable scientific disciplines.'';
(2) in clause (iii), by striking ``identifying the green
building certification system and level'' and inserting
``determining the green building certification systems'';
(3) by redesignating clauses (vi) and (vii) as clauses
(vii) and (viii), respectively;
(4) by striking clauses (iv) and (v) and inserting the
following:
``(iv) Review.--The Secretary shall conduct an ongoing
review to evaluate and compare private sector green building
certification systems, taking into account--

``(I) the criteria described in clause (iii); 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)).

``(v) Exclusions.--

``(I) In general.--Subject to subclause (II), if a
certification system fails to meet the review requirements of
clause (i)(III), the Secretary shall--

``(aa) identify the portions of the system, whether
prerequisites, credits, points, or otherwise, that meet the
review criteria of clause (i)(III);
``(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.
``(vi) 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 (i)(III).''; and
(5) by adding at the end the following:
``(ix) Effective date.--

``(I) Determinations made after december 31, 2015.--The
amendments made by section ___ of the Keystone XL Pipeline
Approval Act 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 Keystone XL Pipeline Approval Act)
shall apply to any determination made by a Federal agency on
or before December 31, 2015.''.

SEC. ___. 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 promotes 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.''.
______