S.Amdt. 1982

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

[[Page S4036]]

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

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

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

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