III 

113TH CONGRESS 

2D SESSION S. RES. 562 

Expressing the sense of the Senate that performance-based contracts for 

energy savings are a budget-neutral means to support the Federal Government in reducing its energy consumption without increasing spending 

while simultaneously supporting United States based jobs and economic 

development. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2014 

Mr. COONS (for himself, Mr. HOEVEN, Mrs. SHAHEEN, Mr. PORTMAN, Ms. 

LANDRIEU, Ms. COLLINS, Mr. FRANKEN, Mr. GRAHAM, Mr. WYDEN, Mr. 

CHAMBLISS, Mr. MENENDEZ, Mr. REED, Mr. MERKLEY, Mr. KING, Mr. 

SCHATZ, Mr. MARKEY, Mr. BOOKER, Mr. BLUMENTHAL, Ms. WARREN, 

and Mr. DONNELLY) submitted the following resolution; which was referred to the Committee on the Budget 

RESOLUTION 

Expressing the sense of the Senate that performance-based 

contracts for energy savings are a budget-neutral means 

to support the Federal Government in reducing its energy consumption without increasing spending while simultaneously supporting United States based jobs and 

economic development. 

Whereas Energy Savings Performance Contracts and Utility 

Energy Service Contracts were first authorized by Congress in 1986 and 1992 respectively and reduce energy 

costs and consumption at Federal buildings and facilities 

without relying on additional appropriations; 

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•SRES 562 IS 

Whereas the contracts are financed by a third-party and realize sufficient energy savings to cover the cost of the financed improvements over the contract term; 

Whereas the contractor provides a guarantee of energy savings for the Energy Savings Performance Contract and 

the utility provides energy savings performance assurances or guarantees of the savings for the Utility Energy 

Service Contract; 

Whereas performance-based contracting is an opportunity for 

significant savings so much so that the Oak Ridge National Laboratory has determined that under an Energy 

Savings Performance Contract the total cost savings delivered to the Government is nearly twice the guaranteed 

amount; 

Whereas the Energy Independence and Security Act of 2007 

required a Government-wide audit of facilities and, although to date only half of those buildings have been surveyed, it has been established that at least 

$9,000,000,000 worth of energy savings that could be 

achieved within a decade; 

Whereas the Office of Management and Budget first recognized savings from Energy Savings Performance Contracts and Utility Energy Service Contracts on an annual 

basis throughout the term of the contract as far back as 

1998; 

Whereas the Congressional Budget Office instead has determined that the full cost of the authority to enter into the 

long-term contracts for capital investments be scored upfront as new mandatory spending while the savings in energy costs that flow from these investments be realized 

over time as part of the annual appropriations process; 

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•SRES 562 IS 

Whereas this has continued to hinder the ability of Congress 

to pass legislation ensuring additional energy and cost 

savings to the Federal Government through utilization of 

these contracts despite their proven savings; and 

Whereas there is broad bipartisan and bicameral recognition 

in Congress of the value of these energy saving contracts: 

Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that legis2 lation regarding Energy Savings Performance Contracts 

3 and Utility Energy Service Contracts, and legislation 

4 which may lead to their use by the Federal Government, 

5 should receive Congressional scoring treatment that allows 

6 future year guaranteed discretionary savings to be counted 

7 against the mandatory spending attributed to undertaking 

8 such contracts. 

Æ 

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