Sec. 415. Certain energy contracts
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In this section, the term covered energy savings contract means— an energy savings performance contract authorized under section 801 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287 ); and a utility energy service contract, as described in the Office of Management and Budget Memorandum on Federal use of energy savings performance contracting, dated July 25, 1998 (M–98–13), and the Office of Management and Budget Memorandum on the Federal use of energy saving performance contracts and utility energy service contracts, dated September 28, 2012 (M–12–21), or any successor to either memorandum.
In the Senate, for purposes of enforcing any point of order established under the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) or any concurrent resolution on the budget, any estimate by the Congressional Budget Office of the changes in budget authority, outlays, and revenues of a provision in a bill, joint resolution, amendment, conference report, or amendment between the Houses modifying the authority to enter, the scope or terms of, or the use of covered energy savings contracts shall— record in the first year in which the authority would become effective, the changes in budget authority, outlays, and revenues (as estimated in accordance with paragraph (2)) of any modifications to the authority to enter the covered energy savings contracts; in estimating the changes in budget authority, outlays, and revenues of the legislation, calculate the costs and savings arising from covered contracts on a net present value basis by adding market risk over the useful life of the services or product to the discount rate in section 502(5)(E) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a(5)(E) ); and classify the effects of the provision to be changes in spending subject to the availability of appropriations.
Nothing in subsection
(b)shall be construed to modify the methodology for estimating the changes in budget authority, outlays, and revenues of a provision that does not relate to covered energy savings contracts in a bill, joint resolution, amendment, conference report, or amendment between the Houses that contains a provision described in subsection (b).
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