,,ii  #aadth ,,congress  #ast ,session  
,s4 #gfe  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #ag1 #bjae   
,mr4 ,portman 7for himself and ,mr4     
,gardner7 introduced the following bill2
 which was read twice and referred to   
the ,committee on the ,budget  ,a ,,bill
  ,to appropriately determine the       
budgetary effects of energy savings     
performance contracts and utility energy
 service contracts4  #a4 ,certain energy
 contracts  7a7 ,definition ,in this    
section1 the term covered energy savings
 contract means-- 7#a7 an energy savings
 performance contract authorized under  
section #hja of the ,national ,energy   
,conservation ,policy ,act 7#db         
,u4,s4,c4 #hbhg72 and  7#b7 a utility   
energy service contract1 as described in
 the ,office of ,management and ,budget 
,memorandum on ,federal use of energy   
savings performance contracting1 dated  
,july #be1 #aiih 7,m-#ih-ac71 and the   
,office of ,management and ,budget      
,memorandum on the ,federal use of      

energy saving performance contracts and 
utility energy service contracts1 dated 
,september #bh1 #bjab 7,m-#ab-ba71 or   
any successor to either memorandum4  7b7
 ,estimates ,in the ,senate1 for        
purposes of enforcing any point of order
 established under the ,congressional   
,budget ,act of #aigd 7#b ,u4,s4,c4 #fba
 et seq47 or any concurrent resolution  
on the budget1 any estimate by the      
,congressional ,budget ,office of the   
changes in budget authority1 outlays1   
and revenues of a provision in a bill1  
joint resolution1 amendment1 conference 
report1 or amendment between the ,houses
 modifying the authority to enter1 the  
scope or terms of1 or the use of covered
 energy savings contracts shall--  7#a7 
record in the first year in which the   
authority would become effective1 the   
changes in budget authority1 outlays1   
and revenues 7as estimated in accordance
 with paragraph 7#b77 of any            
modifications to the authority to enter 
the covered energy savings contracts2   

7#b7 in estimating the changes in budget
 authority1 outlays1 and revenues of the
 legislation1 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 #ejb7e77;,e7 of the ,federal
 ,credit ,reform ,act of #aiij 7#b      
,u4,s4,c4 #ffa;a7#e77;,e772 and  7#c7   
classify the effects of the provision to
 be changes in spending subject to the  
availability of appropriations4  7c7    
,rule of construction ,nothing in       
subsection 7b7 shall be construed to    
modify the methodology for estimating   
the changes in budget authority1        
outlays1 and revenues of a provision    
that does not relate to covered energy  
savings contracts in a bill1 joint      
resolution1 amendment1 conference       
report1 or amendment between the ,houses
 that contains a provision described in 
subsection 7b74  7d7 ,exercise of       
rulemaking powers ,congress adopts the  

provisions of this section-- 7#a7 as an 
exercise of the rulemaking power of the 
,senate1 and as such they shall be      
considered as part of the rules of the  
,senate and such rules shall supersede  
other rules only to the extent that they
 are inconsistent with such other rules2
 and  7#b7 with full recognition of the 
constitutional right of the ,senate to  
change those rules at any time1 in the  
same manner1 and to the same extent as  
is the case of any other rule of the    
,senate4