II 

Calendar No. 154 

113TH CONGRESS 

1ST SESSION S. 1392 

To promote energy savings in residential buildings and industry, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2013 

Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; 

which was read the first time 

JULY 31, 2013 

Read the second time and placed on the calendar 

A BILL 

To promote energy savings in residential buildings and 

industry, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Energy Savings and Industrial Competitiveness Act of 

6 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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. 

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. Adoption of information and communications technology power savings techniques by Federal agencies. 

Sec. 302. Availability of funds for design updates. 

Sec. 303. Federal data center consolidation. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Offset. 

Sec. 402. Budgetary effects. 

Sec. 403. Advance appropriations required. 

3 SEC. 2. DEFINITION OF SECRETARY. 

4 In this Act, the term ‘‘Secretary’’ means the Sec5 retary of Energy. 


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1 TITLE I—BUILDINGS 

2 Subtitle A—Building Energy Codes 

3 SEC. 101. GREATER ENERGY EFFICIENCY IN BUILDING 

4 CODES. 

5 (a) DEFINITIONS.—Section 303 of the Energy Con6 servation and Production Act (42 U.S.C. 6832) is amend7 ed— 

8 (1) by striking paragraph (14) and inserting 

9 the following: 

10 ‘‘(14) MODEL BUILDING ENERGY CODE.—The 

11 term ‘model building energy code’ means a voluntary 

12 building energy code and standards developed and 

13 updated through a consensus process among inter14 ested persons, such as the IECC or the code used 

15 by— 

16 ‘‘(A) the Council of American Building Of17 ficials, or its legal successor, International Code 

18 Council, Inc.; 

19 ‘‘(B) the American Society of Heating, Re20 frigerating, and Air-Conditioning Engineers; or 

21 ‘‘(C) other appropriate organizations.’’; 

22 and 

23 (2) by adding at the end the following: 

24 ‘‘(17) IECC.—The term ‘IECC’ means the 

25 International Energy Conservation Code. 


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1 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 has the meaning given the term in section 4 of the 

3 Native American Housing Assistance and Self-De4 termination Act of 1996 (25 U.S.C. 4103).’’. 

5 (b) STATE BUILDING ENERGY EFFICIENCY

6 CODES.—Section 304 of the Energy Conservation and 

7 Production Act (42 U.S.C. 6833) is amended to read as 

8 follows: 

9 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI10 CIENCY CODES. 

11 ‘‘(a) IN GENERAL.—The Secretary shall— 

12 ‘‘(1) encourage and support the adoption of 

13 building energy codes by States, Indian tribes, and, 

14 as appropriate, by local governments that meet or 

15 exceed the model building energy codes, or achieve 

16 equivalent or greater energy savings; and 

17 ‘‘(2) support full compliance with the State and 

18 local codes. 

19 ‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF

20 BUILDING ENERGY CODE UPDATES.— 

21 ‘‘(1) REVIEW AND UPDATING OF CODES BY

22 EACH STATE AND INDIAN TRIBE.— 

23 ‘‘(A) IN GENERAL.—Not later than 2 years 

24 after the date on which a model building energy 

25 code is updated, each State or Indian tribe shall 


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1 certify whether or not the State or Indian tribe, 

2 respectively, has reviewed and updated the en3 ergy provisions of the building code of the State 

4 or Indian tribe, respectively. 

5 ‘‘(B) DEMONSTRATION.—The certification 

6 shall include a demonstration of whether or not 

7 the energy savings for the code provisions that 

8 are in effect throughout the State or Indian 

9 tribal territory meet or exceed— 

10 ‘‘(i) the energy savings of the updated 

11 model building energy code; or 

12 ‘‘(ii) the targets established under sec13 tion 307(b)(2). 

14 ‘‘(C) NO MODEL BUILDING ENERGY CODE

15 UPDATE.—If a model building energy code is 

16 not updated by a target date established under 

17 section 307(b)(2)(D), each State or Indian tribe 

18 shall, not later than 2 years after the specified 

19 date, certify whether or not the State or Indian 

20 tribe, respectively, has reviewed and updated 

21 the energy provisions of the building code of the 

22 State or Indian tribe, respectively, to meet or 

23 exceed the target in section 307(b)(2). 


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1 ‘‘(2) VALIDATION BY SECRETARY.—Not later 

2 than 90 days after a State or Indian tribe certifi3 cation under paragraph (1), the Secretary shall— 

4 ‘‘(A) determine whether the code provi5 sions of the State or Indian tribe, respectively, 

6 meet the criteria specified in paragraph (1); 

7 and 

8 ‘‘(B) if the determination is positive, vali9 date the certification. 

10 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD11 ING ENERGY CODES.— 

12 ‘‘(1) REQUIREMENT.— 

13 ‘‘(A) IN GENERAL.—Not later than 3 years 

14 after the date of a certification under sub15 section (b), each State and Indian tribe shall 

16 certify whether or not the State and Indian 

17 tribe, respectively, has— 

18 ‘‘(i) achieved full compliance under 

19 paragraph (3) with the applicable certified 

20 State and Indian tribe building energy 

21 code or with the associated model building 

22 energy code; or 

23 ‘‘(ii) made significant progress under 

24 paragraph (4) toward achieving compliance 

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1 dian tribe building energy code or with the 

2 associated model building energy code. 

3 ‘‘(B) REPEAT CERTIFICATIONS.—If the 

4 State or Indian tribe certifies progress toward 

5 achieving compliance, the State or Indian tribe 

6 shall repeat the certification until the State or 

7 Indian tribe certifies that the State or Indian 

8 tribe has achieved full compliance, respectively. 

9 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer10 tification under paragraph (1) shall include docu11 mentation of the rate of compliance based on— 

12 ‘‘(A) independent inspections of a random 

13 sample of the buildings covered by the code in 

14 the preceding year; or 

15 ‘‘(B) an alternative method that yields an 

16 accurate measure of compliance. 

17 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 

18 or Indian tribe shall be considered to achieve full 

19 compliance under paragraph (1) if— 

20 ‘‘(A) at least 90 percent of building space 

21 covered by the code in the preceding year sub22 stantially meets all the requirements of the ap23 plicable code specified in paragraph (1), or 

24 achieves equivalent or greater energy savings 

25 level; or 


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1 ‘‘(B) the estimated excess energy use of 

2 buildings that did not meet the applicable code 

3 specified in paragraph (1) in the preceding 

4 year, compared to a baseline of comparable 

5 buildings that meet this code, is not more than 

6 5 percent of the estimated energy use of all 

7 buildings covered by this code during the pre8 ceding year. 

9 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

10 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

11 tribe shall be considered to have made significant 

12 progress toward achieving compliance for purposes 

13 of paragraph (1) if the State or Indian tribe— 

14 ‘‘(A) has developed and is implementing a 

15 plan for achieving compliance during the 8- 

16 year-period beginning on the date of enactment 

17 of this paragraph, including annual targets for 

18 compliance and active training and enforcement 

19 programs; and 

20 ‘‘(B) has met the most recent target under 

21 subparagraph (A). 

22 ‘‘(5) VALIDATION BY SECRETARY.—Not later 

23 than 90 days after a State or Indian tribe certifi24 cation under paragraph (1), the Secretary shall— 


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1 ‘‘(A) determine whether the State or In2 dian tribe has demonstrated meeting the cri3 teria of this subsection, including accurate 

4 measurement of compliance; and 

5 ‘‘(B) if the determination is positive, vali6 date the certification. 

7 ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT

8 ACHIEVE COMPLIANCE.— 

9 ‘‘(1) REPORTING.—A State or Indian tribe that 

10 has not made a certification required under sub11 section (b) or (c) by the applicable deadline shall 

12 submit to the Secretary a report on— 

13 ‘‘(A) the status of the State or Indian tribe 

14 with respect to meeting the requirements and 

15 submitting the certification; and 

16 ‘‘(B) a plan for meeting the requirements 

17 and submitting the certification. 

18 ‘‘(2) FEDERAL SUPPORT.—For any State or In19 dian tribe for which the Secretary has not validated 

20 a certification by a deadline under subsection (b) or 

21 (c), the lack of the certification may be a consider22 ation for Federal support authorized under this sec23 tion for code adoption and compliance activities. 

24 ‘‘(3) LOCAL GOVERNMENT.—In any State or 

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1 dated a certification under subsection (b) or (c), a 

2 local government may be eligible for Federal support 

3 by meeting the certification requirements of sub4 sections (b) and (c). 

5 ‘‘(4) ANNUAL REPORTS BY SECRETARY.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 annually submit to Congress, and publish in the 

8 Federal Register, a report on— 

9 ‘‘(i) the status of model building en10 ergy codes; 

11 ‘‘(ii) the status of code adoption and 

12 compliance in the States and Indian tribes; 

13 ‘‘(iii) implementation of this section; 

14 and 

15 ‘‘(iv) improvements in energy savings 

16 over time as result of the targets estab17 lished under section 307(b)(2). 

18 ‘‘(B) IMPACTS.—The report shall include 

19 estimates of impacts of past action under this 

20 section, and potential impacts of further action, 

21 on— 

22 ‘‘(i) upfront financial and construction 

23 costs, cost benefits and returns (using in24 vestment analysis), and lifetime energy use 

25 for buildings; 


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1 ‘‘(ii) resulting energy costs to individ2 uals and businesses; and 

3 ‘‘(iii) resulting overall annual building 

4 ownership and operating costs. 

5 ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN6 DIAN TRIBES.—The Secretary shall provide technical as7 sistance to States and Indian tribes to implement the goals 

8 and requirements of this section, including procedures and 

9 technical analysis for States and Indian tribes— 

10 ‘‘(1) to improve and implement State residential 

11 and commercial building energy codes; 

12 ‘‘(2) to demonstrate that the code provisions of 

13 the States and Indian tribes achieve equivalent or 

14 greater energy savings than the model building en15 ergy codes and targets; 

16 ‘‘(3) to document the rate of compliance with a 

17 building energy code; and 

18 ‘‘(4) to otherwise promote the design and con19 struction of energy efficient buildings. 

20 ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall provide 

22 incentive funding to States and Indian tribes— 

23 ‘‘(A) to implement the requirements of this 

24 section; 


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1 ‘‘(B) to improve and implement residential 

2 and commercial building energy codes, including 

3 increasing and verifying compliance with the 

4 codes and training of State, tribal, and local 

5 building code officials to implement and enforce 

6 the codes; and 

7 ‘‘(C) to promote building energy efficiency 

8 through the use of the codes. 

9 ‘‘(2) ADDITIONAL FUNDING.—Additional fund10 ing shall be provided under this subsection for im11 plementation of a plan to achieve and document full 

12 compliance with residential and commercial building 

13 energy codes under subsection (c)— 

14 ‘‘(A) to a State or Indian tribe for which 

15 the Secretary has validated a certification under 

16 subsection (b) or (c); and 

17 ‘‘(B) in a State or Indian tribe that is not 

18 eligible under subparagraph (A), to a local gov19 ernment that is eligible under this section. 

20 ‘‘(3) TRAINING.—Of the amounts made avail21 able under this subsection, the State or Indian tribe 

22 may use amounts required, but not to exceed 

23 $750,000 for a State, to train State and local build24 ing code officials to implement and enforce codes de25 scribed in paragraph (2). 


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1 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

2 grants under this subsection with local governments 

3 that implement and enforce the codes. 

4 ‘‘(g) STRETCH CODES AND ADVANCED STAND5 ARDS.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall provide 

7 technical and financial support for the development 

8 of stretch codes and advanced standards for residen9 tial and commercial buildings for use as— 

10 ‘‘(A) an option for adoption as a building 

11 energy code by local, tribal, or State govern12 ments; and 

13 ‘‘(B) guidelines for energy-efficient build14 ing design. 

15 ‘‘(2) TARGETS.—The stretch codes and ad16 vanced standards shall be designed— 

17 ‘‘(A) to achieve substantial energy savings 

18 compared to the model building energy codes; 

19 and 

20 ‘‘(B) to meet targets under section 307(b), 

21 if available, at least 3 to 6 years in advance of 

22 the target years. 

23 ‘‘(h) STUDIES.—The Secretary, in consultation with 

24 building science experts from the National Laboratories 

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1 ers of energy-efficient residential and commercial build2 ings, code officials, and other stakeholders, shall under3 take a study of the feasibility, impact, economics, and 

4 merit of— 

5 ‘‘(1) code improvements that would require that 

6 buildings be designed, sited, and constructed in a 

7 manner that makes the buildings more adaptable in 

8 the future to become zero-net-energy after initial 

9 construction, as advances are achieved in energy-sav10 ing technologies; 

11 ‘‘(2) code procedures to incorporate measured 

12 lifetimes, not just first-year energy use, in trade-offs 

13 and performance calculations; and 

14 ‘‘(3) legislative options for increasing energy 

15 savings from building energy codes, including addi16 tional incentives for effective State and local action, 

17 and verification of compliance with and enforcement 

18 of a code other than by a State or local government. 

19 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec20 tion or section 307 supersedes or modifies the application 

21 of sections 321 through 346 of the Energy Policy and 

22 Conservation Act (42 U.S.C. 6291 et seq.). 

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 


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1 and section 307 $200,000,000, to remain available until 

2 expended.’’. 

3 (c) FEDERAL BUILDING ENERGY EFFICIENCY

4 STANDARDS.—Section 305 of the Energy Conservation 

5 and Production Act (42 U.S.C. 6834) is amended by strik6 ing ‘‘voluntary building energy code’’ each place it appears 

7 in subsections (a)(2)(B) and (b) and inserting ‘‘model 

8 building energy code’’. 

9 (d) MODEL BUILDING ENERGY CODES.—Section 307 

10 of the Energy Conservation and Production Act (42 

11 U.S.C. 6836) is amended to read as follows: 

12 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 

13 CODES. 

14 ‘‘(a) IN GENERAL.—The Secretary shall support the 

15 updating of model building energy codes. 

16 ‘‘(b) TARGETS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall sup18 port the updating of the model building energy codes 

19 to enable the achievement of aggregate energy sav20 ings targets established under paragraph (2). 

21 ‘‘(2) TARGETS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 work with State, Indian tribes, local govern24 ments, nationally recognized code and stand25 ards developers, and other interested parties to 


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1 support the updating of model building energy 

2 codes by establishing one or more aggregate en3 ergy savings targets to achieve the purposes of 

4 this section. 

5 ‘‘(B) SEPARATE TARGETS.—The Secretary 

6 may establish separate targets for commercial 

7 and residential buildings. 

8 ‘‘(C) BASELINES.—The baseline for updat9 ing model building energy codes shall be the 

10 2009 IECC for residential buildings and 

11 ASHRAE Standard 90.1–2010 for commercial 

12 buildings. 

13 ‘‘(D) SPECIFIC YEARS.— 

14 ‘‘(i) IN GENERAL.—Targets for spe15 cific years shall be established and revised 

16 by the Secretary through rulemaking and 

17 coordinated with nationally recognized code 

18 and standards developers at a level that— 

19 ‘‘(I) is at the maximum level of 

20 energy efficiency that is techno21 logically feasible and life-cycle cost ef22 fective, while accounting for the eco23 nomic considerations under paragraph 

24 (4); 


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1 ‘‘(II) is higher than the preceding 

2 target; and 

3 ‘‘(III) promotes the achievement 

4 of commercial and residential high5 performance buildings through high 

6 performance energy efficiency (within 

7 the meaning of section 401 of the En8 ergy Independence and Security Act 

9 of 2007 (42 U.S.C. 17061)). 

10 ‘‘(ii) INITIAL TARGETS.—Not later 

11 than 1 year after the date of enactment of 

12 this clause, the Secretary shall establish 

13 initial targets under this subparagraph. 

14 ‘‘(iii) DIFFERENT TARGET YEARS.— 

15 Subject to clause (i), prior to the applica16 ble year, the Secretary may set a later tar17 get year for any of the model building en18 ergy codes described in subparagraph (A) 

19 if the Secretary determines that a target 

20 cannot be met. 

21 ‘‘(iv) SMALL BUSINESS.—When estab22 lishing targets under this paragraph 

23 through rulemaking, the Secretary shall 

24 ensure compliance with the Small Business 

25 Regulatory Enforcement Fairness Act of 


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1 1996 (5 U.S.C. 601 note; Public Law 104– 

2 121). 

3 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC4 TORS AFFECTING BUILDING ENERGY USE.—In es5 tablishing building code targets under paragraph 

6 (2), the Secretary shall develop and adjust the tar7 gets in recognition of potential savings and costs re8 lating to— 

9 ‘‘(A) efficiency gains made in appliances, 

10 lighting, windows, insulation, and building enve11 lope sealing; 

12 ‘‘(B) advancement of distributed genera13 tion and on-site renewable power generation 

14 technologies; 

15 ‘‘(C) equipment improvements for heating, 

16 cooling, and ventilation systems; 

17 ‘‘(D) building management systems and 

18 SmartGrid technologies to reduce energy use; 

19 and 

20 ‘‘(E) other technologies, practices, and 

21 building systems that the Secretary considers 

22 appropriate regarding building plug load and 

23 other energy uses. 

24 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab25 lishing and revising building code targets under 


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1 paragraph (2), the Secretary shall consider the eco2 nomic feasibility of achieving the proposed targets 

3 established under this section and the potential costs 

4 and savings for consumers and building owners, in5 cluding a return on investment analysis. 

6 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

7 ENERGY CODE-SETTING AND STANDARD DEVELOPMENT

8 ORGANIZATIONS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

10 timely basis, provide technical assistance to model 

11 building energy code-setting and standard develop12 ment organizations consistent with the goals of this 

13 section. 

14 ‘‘(2) ASSISTANCE.—The assistance shall in15 clude, as requested by the organizations, technical 

16 assistance in— 

17 ‘‘(A) evaluating code or standards pro18 posals or revisions; 

19 ‘‘(B) building energy analysis and design 

20 tools; 

21 ‘‘(C) building demonstrations; 

22 ‘‘(D) developing definitions of energy use 

23 intensity and building types for use in model 

24 building energy codes to evaluate the efficiency 

25 impacts of the model building energy codes; 


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1 ‘‘(E) performance-based standards; 

2 ‘‘(F) evaluating economic considerations 

3 under subsection (b)(4); and 

4 ‘‘(G) developing model building energy 

5 codes by Indian tribes in accordance with tribal 

6 law. 

7 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary 

8 may submit timely model building energy code 

9 amendment proposals to the model building energy 

10 code-setting and standard development organiza11 tions, with supporting evidence, sufficient to enable 

12 the model building energy codes to meet the targets 

13 established under subsection (b)(2). 

14 ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 

15 shall make publicly available the entire calculation 

16 methodology (including input assumptions and data) 

17 used by the Secretary to estimate the energy savings 

18 of code or standard proposals and revisions. 

19 ‘‘(d) DETERMINATION.— 

20 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

21 CODES.—If the provisions of the IECC or ASHRAE 

22 Standard 90.1 regarding building energy use are re23 vised, the Secretary shall make a preliminary deter24 mination not later than 90 days after the date of the 

25 revision, and a final determination not later than 15 


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1 months after the date of the revision, on whether or 

2 not the revision will— 

3 ‘‘(A) improve energy efficiency in buildings 

4 compared to the existing model building energy 

5 code; and 

6 ‘‘(B) meet the applicable targets under 

7 subsection (b)(2). 

8 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR9 GETS.— 

10 ‘‘(A) IN GENERAL.—If the Secretary 

11 makes a preliminary determination under para12 graph (1)(B) that a code or standard does not 

13 meet the targets established under subsection 

14 (b)(2), the Secretary may at the same time pro15 vide the model building energy code or standard 

16 developer with proposed changes that would re17 sult in a model building energy code that meets 

18 the targets and with supporting evidence, tak19 ing into consideration— 

20 ‘‘(i) whether the modified code is tech21 nically feasible and life-cycle cost effective; 

22 ‘‘(ii) available appliances, technologies, 

23 materials, and construction practices; and 

24 ‘‘(iii) the economic considerations 

25 under subsection (b)(4). 


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1 ‘‘(B) INCORPORATION OF CHANGES.— 

2 ‘‘(i) IN GENERAL.—On receipt of the 

3 proposed changes, the model building en4 ergy code or standard developer shall have 

5 an additional 270 days to accept or reject 

6 the proposed changes of the Secretary to 

7 the model building energy code or standard 

8 for the Secretary to make a final deter9 mination. 

10 ‘‘(ii) FINAL DETERMINATION.—A 

11 final determination under paragraph (1) 

12 shall be on the modified model building en13 ergy code or standard. 

14 ‘‘(e) ADMINISTRATION.—In carrying out this section, 

15 the Secretary shall— 

16 ‘‘(1) publish notice of targets and supporting 

17 analysis and determinations under this section in the 

18 Federal Register to provide an explanation of and 

19 the basis for such actions, including any supporting 

20 modeling, data, assumptions, protocols, and cost21 benefit analysis, including return on investment; and 

22 ‘‘(2) provide an opportunity for public comment 

23 on targets and supporting analysis and determina24 tions under this section. 


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1 ‘‘(f) VOLUNTARY CODES AND STANDARDS.—Not2 withstanding any other provision of this section, any 

3 model building code or standard established under section 

4 304 shall not be binding on a State, local government, or 

5 Indian tribe as a matter of Federal law.’’. 

6 Subtitle B—Worker Training and 

7 Capacity Building 

8 SEC. 111. BUILDING TRAINING AND ASSESSMENT CENTERS. 

9 (a) IN GENERAL.—The Secretary shall provide 

10 grants to institutions of higher education (as defined in 

11 section 101 of the Higher Education Act of 1965 (20 

12 U.S.C. 1001)) and Tribal Colleges or Universities (as de13 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

14 to establish building training and assessment centers— 

15 (1) to identify opportunities for optimizing en16 ergy efficiency and environmental performance in 

17 buildings; 

18 (2) to promote the application of emerging con19 cepts and technologies in commercial and institu20 tional buildings; 

21 (3) to train engineers, architects, building sci22 entists, building energy permitting and enforcement 

23 officials, and building technicians in energy-efficient 

24 design and operation; 


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1 (4) to assist institutions of higher education 

2 and Tribal Colleges or Universities in training build3 ing technicians; 

4 (5) to promote research and development for 

5 the use of alternative energy sources and distributed 

6 generation to supply heat and power for buildings, 

7 particularly energy-intensive buildings; and 

8 (6) to coordinate with and assist State-accred9 ited technical training centers, community colleges, 

10 Tribal Colleges or Universities, and local offices of 

11 the National Institute of Food and Agriculture and 

12 ensure appropriate services are provided under this 

13 section to each region of the United States. 

14 (b) COORDINATION AND NONDUPLICATION.— 

15 (1) IN GENERAL.—The Secretary shall coordi16 nate the program with the industrial research and 

17 assessment centers program and with other Federal 

18 programs to avoid duplication of effort. 

19 (2) COLLOCATION.—To the maximum extent 

20 practicable, building, training, and assessment cen21 ters established under this section shall be collocated 

22 with Industrial Assessment Centers. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $10,000,000, to remain available until expended. 


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1 SEC. 112. CAREER SKILLS TRAINING. 

2 (a) IN GENERAL.—The Secretary shall pay grants to 

3 eligible entities described in subsection (b) to pay the Fed4 eral share of associated career skills training programs 

5 under which students concurrently receive classroom in6 struction and on-the-job training for the purpose of ob7 taining an industry-related certification to install energy 

8 efficient buildings technologies, including technologies de9 scribed in section 307(b)(3) of the Energy Conservation 

10 and Production Act (42 U.S.C. 6836(b)(3)). 

11 (b) ELIGIBILITY.—To be eligible to obtain a grant 

12 under subsection (a), an entity shall be a nonprofit part13 nership described in section 171(e)(2)(B)(ii) of the Work14 force Investment Act of 1998 (29 U.S.C. 

15 2916(e)(2)(B)(ii)). 

16 (c) FEDERAL SHARE.—The Federal share of the cost 

17 of carrying out a career skills training program described 

18 in subsection (a) shall be 50 percent. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $10,000,000, to remain available until expended. 


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1 TITLE II—INDUSTRIAL EFFI2 CIENCY AND COMPETITIVE3 NESS 

4 Subtitle A—Manufacturing Energy 

5 Efficiency 

6 SEC. 201. PURPOSES. 

7 The purposes of this subtitle are— 

8 (1) to reform and reorient the industrial effi9 ciency programs of the Department of Energy; 

10 (2) to establish a clear and consistent authority 

11 for industrial efficiency programs of the Depart12 ment; 

13 (3) to accelerate the deployment of technologies 

14 and practices that will increase industrial energy ef15 ficiency and improve productivity; 

16 (4) to accelerate the development and dem17 onstration of technologies that will assist the deploy18 ment goals of the industrial efficiency programs of 

19 the Department and increase manufacturing effi20 ciency; 

21 (5) to stimulate domestic economic growth and 

22 improve industrial productivity and competitiveness; 

23 and 


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1 (6) to strengthen partnerships between Federal 

2 and State governmental agencies and the private 

3 and academic sectors. 

4 SEC. 202. FUTURE OF INDUSTRY PROGRAM. 

5 (a) IN GENERAL.—Section 452 of the Energy Inde6 pendence and Security Act of 2007 (42 U.S.C. 17111) is 

7 amended by striking the section heading and inserting the 

8 following: ‘‘FUTURE OF INDUSTRY PROGRAM’’. 

9 (b) DEFINITION OF ENERGY SERVICE PROVIDER.— 

10 Section 452(a) of the Energy Independence and Security 

11 Act of 2007 (42 U.S.C. 17111(a)) is amended— 

12 (1) by redesignating paragraphs (3) through 

13 (5) as paragraphs (4) through (6), respectively; and 

14 (2) by inserting after paragraph (2): 

15 ‘‘(3) ENERGY SERVICE PROVIDER.—The term 

16 ‘energy service provider’ means any business pro17 viding technology or services to improve the energy 

18 efficiency, power factor, or load management of a 

19 manufacturing site or other industrial process in an 

20 energy-intensive industry, or any utility operating 

21 under a utility energy service project.’’. 

22 (c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN23 TERS.—Section 452(e) of the Energy Independence and 

24 Security Act of 2007 (42 U.S.C. 17111(e)) is amended— 


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1 (1) by redesignating paragraphs (1) through 

2 (5) as subparagraphs (A) through (E), respectively, 

3 and indenting appropriately; 

4 (2) by striking ‘‘The Secretary’’ and inserting 

5 the following: 

6 ‘‘(1) IN GENERAL.—The Secretary’’; 

7 (3) in subparagraph (A) (as redesignated by 

8 paragraph (1)), by inserting before the semicolon at 

9 the end the following: ‘‘, including assessments of 

10 sustainable manufacturing goals and the implemen11 tation of information technology advancements for 

12 supply chain analysis, logistics, system monitoring, 

13 industrial and manufacturing processes, and other 

14 purposes’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(2) COORDINATION.— 

17 ‘‘(A) IN GENERAL.—To increase the value 

18 and capabilities of the industrial research and 

19 assessment centers, the centers shall— 

20 ‘‘(i) coordinate with Manufacturing 

21 Extension Partnership Centers of the Na22 tional Institute of Standards and Tech23 nology; 

24 ‘‘(ii) coordinate with the Building 

25 Technologies Program of the Department 


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1 of Energy to provide building assessment 

2 services to manufacturers; 

3 ‘‘(iii) increase partnerships with the 

4 National Laboratories of the Department 

5 of Energy to leverage the expertise and 

6 technologies of the National Laboratories 

7 for national industrial and manufacturing 

8 needs; 

9 ‘‘(iv) increase partnerships with en10 ergy service providers and technology pro11 viders to leverage private sector expertise 

12 and accelerate deployment of new and ex13 isting technologies and processes for en14 ergy efficiency, power factor, and load 

15 management; 

16 ‘‘(v) identify opportunities for reduc17 ing greenhouse gas emissions; and 

18 ‘‘(vi) promote sustainable manufac19 turing practices for small- and medium20 sized manufacturers. 

21 ‘‘(3) OUTREACH.—The Secretary shall provide 

22 funding for— 

23 ‘‘(A) outreach activities by the industrial 

24 research and assessment centers to inform 

25 small- and medium-sized manufacturers of the 


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1 information, technologies, and services avail2 able; and 

3 ‘‘(B) coordination activities by each indus4 trial research and assessment center to leverage 

5 efforts with— 

6 ‘‘(i) Federal and State efforts; 

7 ‘‘(ii) the efforts of utilities and energy 

8 service providers; 

9 ‘‘(iii) the efforts of regional energy ef10 ficiency organizations; and 

11 ‘‘(iv) the efforts of other industrial re12 search and assessment centers. 

13 ‘‘(4) WORKFORCE TRAINING.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 pay the Federal share of associated internship 

16 programs under which students work with or 

17 for industries, manufacturers, and energy serv18 ice providers to implement the recommendations 

19 of industrial research and assessment centers. 

20 ‘‘(B) FEDERAL SHARE.—The Federal 

21 share of the cost of carrying out internship pro22 grams described in subparagraph (A) shall be 

23 50 percent. 

24 ‘‘(5) SMALL BUSINESS LOANS.—The Adminis25 trator of the Small Business Administration shall, to 


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1 the maximum extent practicable, expedite consider2 ation of applications from eligible small business 

3 concerns for loans under the Small Business Act (15 

4 U.S.C. 631 et seq.) to implement recommendations 

5 of industrial research and assessment centers estab6 lished under paragraph (1). 

7 ‘‘(6) ADVANCED MANUFACTURING STEERING

8 COMMITTEE.—The Secretary shall establish an advi9 sory steering committee to provide recommendations 

10 to the Secretary on planning and implementation of 

11 the Advanced Manufacturing Office of the Depart12 ment of Energy.’’. 

13 SEC. 203. SUSTAINABLE MANUFACTURING INITIATIVE. 

14 (a) IN GENERAL.—Part E of title III of the Energy 

15 Policy and Conservation Act (42 U.S.C. 6341) is amended 

16 by adding at the end the following: 

17 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

18 ‘‘(a) IN GENERAL.—As part of the Office of Energy 

19 Efficiency and Renewable Energy, the Secretary, on the 

20 request of a manufacturer, shall conduct onsite technical 

21 assessments to identify opportunities for— 

22 ‘‘(1) maximizing the energy efficiency of indus23 trial processes and cross-cutting systems; 

24 ‘‘(2) preventing pollution and minimizing waste; 


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1 ‘‘(3) improving efficient use of water in manu2 facturing processes; 

3 ‘‘(4) conserving natural resources; and 

4 ‘‘(5) achieving such other goals as the Secretary 

5 determines to be appropriate. 

6 ‘‘(b) COORDINATION.—The Secretary shall carry out 

7 the initiative in coordination with the private sector and 

8 appropriate agencies, including the National Institute of 

9 Standards and Technology, to accelerate adoption of new 

10 and existing technologies and processes that improve en11 ergy efficiency. 

12 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

13 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH14 NOLOGIES AND PROCESSES.—As part of the industrial ef15 ficiency programs of the Department of Energy, the Sec16 retary shall carry out a joint industry-government partner17 ship program to research, develop, and demonstrate new 

18 sustainable manufacturing and industrial technologies and 

19 processes that maximize the energy efficiency of industrial 

20 plants, reduce pollution, and conserve natural resources.’’. 

21 (b) TABLE OF CONTENTS.—The table of contents of 

22 the Energy Policy and Conservation Act (42 U.S.C. prec. 

23 6201) is amended by adding at the end of the items relat24 ing to part E of title III the following: 

‘‘Sec. 376. Sustainable manufacturing initiative.’’. 


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1 SEC. 204. CONFORMING AMENDMENTS. 

2 (a) Section 106 of the Energy Policy Act of 2005 (42 

3 U.S.C. 15811) is repealed. 

4 (b) Sections 131, 132, 133, 2103, and 2107 of the 

5 Energy Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 

6 13453, 13456) are repealed. 

7 (c) Section 2101(a) of the Energy Policy Act of 1992 

8 (42 U.S.C. 13451(a)) is amended in the third sentence 

9 by striking ‘‘sections 2102, 2103, 2104, 2105, 2106, 

10 2107, and 2108’’ and inserting ‘‘sections 2102, 2104, 

11 2105, 2106, and 2108 of this Act and section 376 of the 

12 Energy Policy and Conservation Act,’’. 

13 Subtitle B—Supply Star 

14 SEC. 211. SUPPLY STAR. 

15 The Energy Policy and Conservation Act is amended 

16 by inserting after section 324A (42 U.S.C. 6294a) the fol17 lowing: 

18 ‘‘SEC. 324B. SUPPLY STAR PROGRAM. 

19 ‘‘(a) IN GENERAL.—There is established within the 

20 Department of Energy a Supply Star program to identify 

21 and promote practices, recognize companies, and, as ap22 propriate, recognize products that use highly efficient sup23 ply chains in a manner that conserves energy, water, and 

24 other resources. 

25 ‘‘(b) COORDINATION.—In carrying out the program 

26 described in subsection (a), the Secretary shall— 


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1 ‘‘(1) consult with other appropriate agencies; 

2 and 

3 ‘‘(2) coordinate efforts with the Energy Star 

4 program established under section 324A. 

5 ‘‘(c) DUTIES.—In carrying out the Supply Star pro6 gram described in subsection (a), the Secretary shall— 

7 ‘‘(1) promote practices, recognize companies, 

8 and, as appropriate, recognize products that comply 

9 with the Supply Star program as the preferred prac10 tices, companies, and products in the marketplace 

11 for maximizing supply chain efficiency; 

12 ‘‘(2) work to enhance industry and public 

13 awareness of the Supply Star program; 

14 ‘‘(3) collect and disseminate data on supply 

15 chain energy resource consumption; 

16 ‘‘(4) develop and disseminate metrics, proc17 esses, and analytical tools (including software) for 

18 evaluating supply chain energy resource use; 

19 ‘‘(5) develop guidance at the sector level for im20 proving supply chain efficiency; 

21 ‘‘(6) work with domestic and international orga22 nizations to harmonize approaches to analyzing sup23 ply chain efficiency, including the development of a 

24 consistent set of tools, templates, calculators, and 

25 databases; and 


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1 ‘‘(7) work with industry, including small busi2 nesses, to improve supply chain efficiency through 

3 activities that include— 

4 ‘‘(A) developing and sharing best practices; 

5 and 

6 ‘‘(B) providing opportunities to benchmark 

7 supply chain efficiency. 

8 ‘‘(d) EVALUATION.—In any evaluation of supply 

9 chain efficiency carried out by the Secretary with respect 

10 to a specific product, the Secretary shall consider energy 

11 consumption and resource use throughout the entire 

12 lifecycle of a product, including production, transport, 

13 packaging, use, and disposal. 

14 ‘‘(e) GRANTS AND INCENTIVES.— 

15 ‘‘(1) IN GENERAL.—The Secretary may award 

16 grants or other forms of incentives on a competitive 

17 basis to eligible entities, as determined by the Sec18 retary, for the purposes of— 

19 ‘‘(A) studying supply chain energy resource 

20 efficiency; and 

21 ‘‘(B) demonstrating and achieving reduc22 tions in the energy resource consumption of 

23 commercial products through changes and im24 provements to the production supply and dis25 tribution chain of the products. 


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1 ‘‘(2) USE OF INFORMATION.—Any information 

2 or data generated as a result of the grants or incen3 tives described in paragraph (1) shall be used to in4 form the development of the Supply Star Program. 

5 ‘‘(f) TRAINING.—The Secretary shall use funds to 

6 support professional training programs to develop and 

7 communicate methods, practices, and tools for improving 

8 supply chain efficiency. 

9 ‘‘(g) EFFECT OF IMPACT ON CLIMATE CHANGE.— 

10 For purposes of this section, the impact on climate change 

11 shall not be a factor in determining supply chain effi12 ciency. 

13 ‘‘(h) EFFECT OF OUTSOURCING OF AMERICAN

14 JOBS.—For purposes of this section, the outsourcing of 

15 American jobs in the production of a product shall not 

16 count as a positive factor in determining supply chain effi17 ciency. 

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $10,000,000 for the period of fiscal years 2014 through 

21 2023.’’. 


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1 Subtitle C—Electric Motor Rebate 

2 Program 

3 SEC. 221. ENERGY SAVING MOTOR CONTROL, ELECTRIC 

4 MOTOR, AND ADVANCED MOTOR SYSTEMS 

5 REBATE PROGRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADVANCED MOTOR AND DRIVE SYSTEM.— 

8 The term ‘‘advanced motor and drive system’’ means 

9 an electric motor and any required associated elec10 tronic control that— 

11 (A) offers variable or multiple speed oper12 ation; 

13 (B) offers efficiency at a rated full load 

14 that is greater than the efficiency described for 

15 the equivalent rating in— 

16 (i) table 12–12 of National Electrical 

17 Manufactures Association (NEMA MG 1– 

18 2011); or 

19 (ii) section 431.446 of National Elec20 trical Manufactures Association (2012); 

21 and 

22 (C) uses— 

23 (i) permanent magnet alternating cur24 rent synchronous motor technology; 


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1 (ii) electronically commutated motor 

2 technology; 

3 (iii) switched reluctance motor tech4 nology; 

5 (iv) synchronous reluctance motor 

6 technology; or 

7 (v) such other motor that has greater 

8 than 1 horsepower and uses a drive sys9 tems technology, as determined by the Sec10 retary. 

11 (2) ELECTRIC MOTOR.—The term ‘‘electric 

12 motor’’ has the meaning given the term in section 

13 431.12 of title 10, Code of Federal Regulations (as 

14 in effect on the date of enactment of this Act). 

15 (3) QUALIFIED PRODUCT.—The term ‘‘qualified 

16 product’’ means— 

17 (A) a new constant speed electric motor 

18 control that— 

19 (i) is attached to an electric motor; 

20 and 

21 (ii) reduces the energy use of the elec22 tric motor by not less than 5 percent; and 

23 (B) commercial or industrial machinery or 

24 equipment that— 


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1 (i) is manufactured and incorporates 

2 an advanced motor and drive system that 

3 has greater than 1 horsepower into a rede4 signed machine or equipment that did not 

5 previously make use of the advanced motor 

6 and drive system; or 

7 (ii) was previously used and placed 

8 back into service in calendar year 2014 or 

9 2015 that upgrades the existing machine 

10 or equipment with an advanced motor and 

11 drive system. 

12 (b) ESTABLISHMENT.—Not later than 90 days after 

13 the date of enactment of this Act, the Secretary shall es14 tablish a program to provide rebates for expenditures 

15 made by qualified entities for the purchase and installa16 tion of qualified products. 

17 (c) QUALIFIED ENTITIES.—A qualified entity under 

18 this section shall be— 

19 (1) in the case of a qualified product described 

20 in subsection (a)(3)(A), the purchaser of the quali21 fied product for whom the qualified product is in22 stalled; and 

23 (2) in the case of a qualified product described 

24 in subsection (a)(3)(B)), the manufacturer of the 

25 machine or equipment that incorporated the adVerDate Mar 15 2010 23:37 Jul 31, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1392.PCS S1392

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1 vanced motor and drive system into the machine or 

2 equipment. 

3 (d) REQUIREMENTS.— 

4 (1) APPLICATION.—To be eligible to receive a 

5 rebate under this section, a qualified entity shall 

6 submit to the Secretary or an entity designated by 

7 the Secretary an application and certification in 

8 such form, at such time, and containing such infor9 mation as the Secretary may require, including dem10 onstrated evidence that the qualified entity pur11 chased a qualified product and— 

12 (A) in the case of a qualified product de13 scribed in subsection (a)(3)(A)— 

14 (i) demonstrated evidence that the 

15 qualified entity installed the qualified prod16 uct in calendar year 2014 or 2015; 

17 (ii) demonstrated evidence that the 

18 qualified product reduces motor energy use 

19 by not less than 5 percent, in accordance 

20 with procedures approved by the Secretary; 

21 and 

22 (iii) the serial number, manufacturer, 

23 and model number from the nameplate of 

24 the installed motor of the qualified entity 


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1 on which the qualified product was in2 stalled; and 

3 (B) in the case of a qualified product de4 scribed in subsection (a)(3)(B)— 

5 (i) demonstrated evidence that the 

6 manufacturer— 

7 (I) redesigned a machine or 

8 equipment of a manufacturer that did 

9 not previously make use of an ad10 vanced motor and drive system; or 

11 (II) upgraded a used machine or 

12 equipment to incorporate an advanced 

13 motor and drive system; 

14 (ii) demonstrated evidence that the 

15 qualified product was sold, installed, or 

16 placed back into service in calendar year 

17 2014 or 2015; and 

18 (iii) the serial number, manufacturer, 

19 and model number from the nameplate of 

20 the installed motor of the qualified entity 

21 with which the advanced motor and drive 

22 system is integrated. 

23 (2) AUTHORIZED AMOUNT OF REBATE.—The 

24 Secretary may provide to a qualified entity that has 

25 satisfied the requirements of paragraph (1) a rebate 


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1 the amount of which shall be equal to the product 

2 obtained by multiplying— 

3 (A) the nameplate rated horsepower of— 

4 (i) the electric motor to which the new 

5 constant speed electric motor control is at6 tached; 

7 (ii) the new electric motor that re8 placed a previously installed electric motor; 

9 or 

10 (iii) the advanced electric motor con11 trol system; and 

12 (B) $25. 

13 (3) MAXIMUM AGGREGATE AMOUNT.—No entity 

14 shall be entitled to aggregate rebates under this sec15 tion in excess of $250,000. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $5,000,000 for each of fiscal years 2014 and 2015, to re19 main available until expended. 

20 Subtitle D—Transformer Rebate 

21 Program 

22 SEC. 231. ENERGY EFFICIENT TRANSFORMER REBATE PRO23 GRAM. 

24 (a) DEFINITION OF QUALIFIED TRANSFORMER.—In 

25 this section, the term ‘‘qualified transformer’’ means a 


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1 transformer that meets or exceeds the National Electrical 

2 Manufacturers Association (NEMA) Premium Efficiency 

3 designation, calculated to 2 decimal points, as having 30 

4 percent fewer losses than the NEMA TP–1–2002 effi5 ciency standard for a transformer of the same number of 

6 phases and capacity, as measured in kilovolt-amperes. 

7 (b) ESTABLISHMENT.—Not later than January 1, 

8 2014, the Secretary shall establish a program under which 

9 rebates are provided for expenditures made by owners of 

10 industrial or manufacturing facilities, commercial build11 ings, and multifamily residential buildings for the pur12 chase and installation of a new energy efficient trans13 formers. 

14 (c) REQUIREMENTS.— 

15 (1) APPLICATION.—To be eligible to receive a 

16 rebate under this section, an owner shall submit to 

17 the Secretary an application in such form, at such 

18 time, and containing such information as the Sec19 retary may require, including demonstrated evidence 

20 that the owner purchased a qualified transformer. 

21 (2) AUTHORIZED AMOUNT OF REBATE.—For 

22 qualified transformers, rebates, in dollars per kilo23 volt-ampere (referred to in this paragraph as 

24 ‘‘kVA’’) shall be— 

25 (A) for 3-phase transformers— 


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1 (i) with a capacity of not greater than 

2 10 kVA, 15; 

3 (ii) with a capacity of not less than 10 

4 kVA and not greater than 100 kVA, the 

5 difference between 15 and the quotient ob6 tained by dividing— 

7 (I) the difference between— 

8 (aa) the capacity of the 

9 transformer in kVA; and 

10 (bb) 10; by 

11 (II) 9; and 

12 (iii) with a capacity greater than or 

13 equal to 100 kVA, 5; and 

14 (B) for single-phase transformers, 75 per15 cent of the rebate for a 3-phase transformer of 

16 the same capacity. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $5,000,000 for each of fiscal years 2014 and 2015, to re20 main available until expended. 

21 (e) TERMINATION OF EFFECTIVENESS.—The author22 ity provided by this section terminates effective December 

23 31, 2015. 


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1 TITLE III—FEDERAL AGENCY 

2 ENERGY EFFICIENCY 

3 SEC. 301. ADOPTION OF INFORMATION AND COMMUNICA4 TIONS TECHNOLOGY POWER SAVINGS TECH5 NIQUES BY FEDERAL AGENCIES. 

6 (a) IN GENERAL.—Not later than 360 days after the 

7 date of enactment of this Act, the Secretary, in consulta8 tion with the Secretary of Defense, the Secretary of Vet9 erans Affairs, and the Administrator of General Services, 

10 shall issue guidance for Federal agencies to employ ad11 vanced tools promoting energy efficiency and energy sav12 ings through the use of information and communications 

13 technologies, including computer hardware, operation and 

14 maintenance processes, energy efficiency software, and 

15 power management tools. 

16 (b) REPORTS ON PLANS AND SAVINGS.—Not later 

17 than 180 days after the date of the issuance of the guid18 ance under subsection (a), each Federal agency shall sub19 mit to the Secretary a report that describes— 

20 (1) the plan of the agency for implementing the 

21 guidance within the agency; and 

22 (2) estimated energy and financial savings from 

23 employing the tools and processes described in sub24 section (a). 


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1 SEC. 302. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 

2 Section 3307 of title 40, United States Code, is 

3 amended— 

4 (1) by redesignating subsections (d) through (h) 

5 as subsections (e) through (i), respectively; and 

6 (2) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP9 DATES.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

11 for any project for which congressional approval is 

12 received under subsection (a) and for which the de13 sign has been substantially completed but construc14 tion has not begun, the Administrator of General 

15 Services may use appropriated funds to update the 

16 project design to meet applicable Federal building 

17 energy efficiency standards established under section 

18 305 of the Energy Conservation and Production Act 

19 (42 U.S.C. 6834) and other requirements estab20 lished under section 3312. 

21 ‘‘(2) LIMITATION.—The use of funds under 

22 paragraph (1) shall not exceed 125 percent of the 

23 estimated energy or other cost savings associated 

24 with the updates as determined by a life cycle cost 

25 analysis under section 544 of the National Energy 

26 Conservation Policy Act (42 U.S.C. 8254).’’. 


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1 SEC. 303. FEDERAL DATA CENTER CONSOLIDATION. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of this Act, the Administrator for the 

4 Office of E-Government and Information Technology with5 in the Office of Management and Budget shall develop and 

6 publish a goal for the total amount of planned energy and 

7 cost savings and increased productivity by the Federal 

8 Government through the consolidation of Federal data 

9 centers during the 5-year period beginning on the date of 

10 enactment of this Act, which shall include a breakdown 

11 on a year-by-year basis of the projected savings and pro12 ductivity gains. 

13 (b) ADMINISTRATION.—Nothing in this section ap14 plies to the High Performance Computing Modernization 

15 Program (HPCMP) of the Department of Defense. 

16 TITLE IV—MISCELLANEOUS 

17 SEC. 401. OFFSET. 

18 Section 422(f) of the Energy Independence and Secu19 rity Act of 2007 (42 U.S.C. 17082(f)) is amended— 

20 (1) in paragraph (3), by striking ‘‘and’’ after 

21 the semicolon at the end; and 

22 (2) by striking paragraph (4) and inserting the 

23 following: 

24 ‘‘(4) $200,000,000 for each of fiscal years 2013 

25 and 2014; 

26 ‘‘(5) $150,000,000 for fiscal year 2015; and 


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1 ‘‘(6) $100,000,000 for each of fiscal years 2016 

2 through 2018.’’. 

3 SEC. 402. BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the Senate Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

12 SEC. 403. ADVANCE APPROPRIATIONS REQUIRED. 

13 The authorization of amounts under this Act and the 

14 amendments made by this Act shall be effective for any 

15 fiscal year only to the extent and in the amount provided 

16 in advance in appropriations Acts. 


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Calendar No. 154 

113TH CONGRESS 

1ST SESSION S. 1392 

A BILL 

To promote energy savings in residential buildings 

and industry, and for other purposes. 

JULY 31, 2013 

Read the second time and placed on the calendar 


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