49–010 

Calendar No. 218 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–138 

THE ENERGY POLICY MODERNIZATION ACT OF 2015 

SEPTEMBER 9, 2015.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2012] 

The Committee on Energy and Natural Resources, having considered an original bill (S. 2012) to provide for the modernization of 

the energy policy of the United States, and for other purposes, reports favorably thereon and recommends that the bill do pass. 

CONTENTS 

Page 

Purpose of the Measure ........................................................................................... 1 

Background and Need ............................................................................................. 1 

Legislative History .................................................................................................. 9 

Committee Recommendation and Tabulation of Votes ......................................... 10 

Section-by-Section Analysis .................................................................................... 10 

Cost and Budgetary Considerations ....................................................................... 32 

Regulatory Impact Evaluation ................................................................................ 32 

Congressionally Directed Spending ........................................................................ 33 

Executive Communications ..................................................................................... 33 

Changes in Existing Law ........................................................................................ 33 

PURPOSE

The purpose of this measure is to provide for the modernization 

of the energy policy of the United States. 

BACKGROUND AND NEED

The United States’ rising status as an energy superpower is 

predicated on the continued development and wise use of our energy resources. Sweeping increases in energy production and significant advances in innovative technologies are creating new opportunities for the nation, while looming threats and the simple 

passage of time are generating new challenges. With the United 


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States’ security and prosperity hanging in the balance, new legislation is urgently needed to modernize the nation’s energy policies for 

a new era filled with both promise and peril. 

Energy efficiency 

The Committee on Energy and Natural Resources (the Committee) has long recognized the significant benefits of energy efficiency efforts in conserving domestic resources, saving American 

consumers money, strengthening economic competitiveness, and reducing environmental impacts. The energy efficiency ‘‘resource’’ 

plays an increasingly important role in the nation’s energy strategy. The advancement of cost-effective efficiency programs and 

technologies can contribute to the nation’s goal of energy independence by reducing demand and using supplies in a more effective 

manner. Title I seeks to increase energy efficiency measures in the 

Federal government, as well as in the residential, commercial, and 

industrial sectors. 

Federal government 

According to the Energy Information Administration (EIA), the 

Federal government is the single largest energy consumer in the 

nation. Congress therefore expects the government to pursue its 

own energy efficiency efforts vigorously—not only to conserve energy resources and taxpayer dollars, but to lead by example in 

doing so. To that end, Title I directs the head of each federal agency to undertake a number of measures, including reducing their 

building energy intensity by 2.5 percent per year through fiscal 

year 2025 and working with the Office of Management and Budget 

(OMB) to develop a procurement and implementation strategy for 

energy-efficient and energy-saving information technologies. Title I 

further encourages the federal agencies to enter into energy savings performance contracts and utility energy service contracts. 

Buildings 

At the April 30, 2015 hearing to consider 22 energy efficiency-related bills, the Committee received testimony from the Department 

of Energy (DOE) that residential and commercial buildings consume more than 40 percent of the nation’s total energy and more 

than 73 percent of its electrical energy. Title I includes a number 

of programs designed to use energy more efficiently in buildings, by 

requiring the Secretary of Energy to establish revised federal building energy efficiency performance standards; promoting energy efficiency in federal data centers, and providing for greater energy efficiency in model building codes. Title I also reauthorizes the weatherization and state energy programs that assist in state and locallevel development of energy efficiency policies and programs. 

Appliances 

Since the 1987 National Appliance Energy Conservation Act, 

minimum energy standards for appliances have resulted in cost-effective energy savings. The DOE estimates that the 25 new or updated standards put in place since 2009, covering more than 30 

products, will provide consumers with almost $1.8 trillion in utility 

bill savings by 2030. Title I therefore includes provisions to address 

federal furnace standards after an advisory group completes an 


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analysis of a furnace efficiency standard; extend the product system rebate program; and establish a rebate program for the replacement of qualified energy inefficient transformers. 

Manufacturing 

The manufacturing sector represents approximately 12 percent of 

the gross domestic product and uses almost one-third of the primary energy in the country. Title I includes provisions designed to 

assist small and medium manufacturers with energy-efficiency 

measures, such as leveraging both existing federal agency programs and the research and development work on manufacturing 

infrastructure conducted by the national laboratories. 

Vehicles 

Title I also includes provisions designed to address fuel-efficiencies in vehicles, with a focus on improving the Advanced Technology Vehicles Manufacturing (ATVM) program established in the 

Energy Independence and Security Act (EISA) of 2007. 

Energy Resource Infrastructure 

The strength and reliability of the nation’s energy resource infrastructure is imperative to safeguard our national security interests 

and maintain our high standard of living. Title II contains measures intended to promote more robust U.S. energy security infrastructure in order to respond to rapid changes in technology and 

compete in the global marketplace. 

Cyber Security 

The Administration has rightly determined the nation’s electric 

grid infrastructure to be ‘‘uniquely’’ critical because so many other 

sectors of the economy depend upon it. Currently, about 32 percent 

of reported cyber-attacks involve the energy sector. Securing our 

critical infrastructure at power generators, substations, transformers, and power lines from ever-changing cyber threats is a constant challenge. Congress recognized the importance of cybersecurity protections and moved to shield our collective grid system in 

the Energy Policy Act (EPACT) of 2005. That law gave the Federal 

Energy Regulatory Commission (FERC or Commission) the primary responsibility for securing the physical and cyber safety of 

the grid and established the Electric Reliability Organization to 

promulgate mandatory reliability standards through an inclusive 

stakeholder process. Title II continues to strengthen the grid from 

cyber incursions by codifying the Secretary of Energy as the sectorspecific agency with responsibility for the energy sector’s cyber security protections and providing the Secretary with the authority 

to order actions determined to be necessary to protect the grid system from cyber-related threats in emergency situations. Title II 

also creates several programs within the Department to identify, 

enhance and test supply chain vulnerabilities and response capabilities between the DOE and other agencies, national labs and private industry. The programs would work to secure energy networks, bolster industry participation in information sharing, address the cyber workforce, enhance monitoring tools and expand 

the DOE’s cooperation with the intelligence community. 


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Strategic Petroleum Reserve 

The rapid growth in oil and gas production in North America has 

prompted the Committee to reevaluate energy policies enacted decades ago. The rise in domestic U.S. oil production, growth in petroleum product exports, historic declines in net oil imports, and modifications to the oil distribution network (e.g., pipeline reversals) 

raise questions about the future purpose and design of the Strategic Petroleum Reserve (SPR), which was established in the 1970s 

at a time of acute energy shortages. In March 2014, DOE initiated 

a ‘‘test sale’’ to evaluate the functionality of the SPR without prior 

Congressional notification and then used some of those proceeds to 

establish regional gasoline reserves in the Northeast, without Congressional authorization. As a result, title II is needed to modernize 

the SPR and to require Congressional notification of SPR sales in 

non-emergency situations. 

Trade 

The U.S. presently produces and consumes more natural gas 

than at any time in its history and more than any other country 

in the world. In 2014, the U.S. produced approximately 75 billion 

cubic feet (bcf) per day, exported approximately 4 bcf per day by 

pipeline, and imported approximately 7 bcf per day by pipeline and 

tanker. 

According to the EIA, our nation will become a net exporter of 

natural gas by 2020. The U.S. does not presently export any liquefied natural gas (LNG), with the exception of a small project in 

Kenai, Alaska. To date, five projects in Louisiana, Florida, Texas, 

and Maryland have received final authorizations for a cumulative 

total of 6.5 bcf per day but are not yet in service. 

In contrast to exports via pipeline, natural gas must first be liquefied before it can be transported via tanker to global markets. 

Complex infrastructure for LNG exports is therefore necessary, including liquefaction plants at the origin and regasification facilities 

at the destination. 

LNG projects require DOE authorization to export the commodity and approval from the FERC, which has jurisdiction over 

the physical terminal. Title II is needed to bolster our international 

security efforts and strengthen the American economy by codifying 

a 45-day timeline for the DOE’s final decision on applications to export natural gas to countries that do not have free trade agreements with the United States. 

Electricity and energy storage 

The Administration’s 2015 Quadrennial Energy Review (QER) 

recognizes that the electric grid ‘‘must handle a diverse and evolving mix of energy sources and energy products; link sources, processors, and users across immense distances; match demands that 

vary on multiple time scales; co-exist with competing uses of the 

same systems; and perform 24 hours a day, 365 days a year with 

high reliability.’’ Maintaining the reliability and resiliency of this 

critical infrastructure is essential to our energy security. 

The federal permitting process for electric transmission facilities 

is notoriously slow and unpredictable. According to the Electric Reliability Organization (ERO), transmission projects in this country 

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struct. In a 2009 Memorandum of Understanding (MOU), Regarding Coordination in Federal Agency Review of Electric Transmission Facilities on Federal Land, the Administration sought to 

improve ‘‘coordination among project applicants, federal agencies 

and states and tribes involved in the permitting process.’’ The Administration later created a Rapid Response Team for Transmission in 2011 with the nine signatory agencies to the earlier 

MOU in order to accelerate the deployment of seven pilot transmission projects. Title II is needed for timely siting and permitting 

of transmission-related infrastructure and improved coordination 

across federal agencies. Title II also codifies the transmission 

Rapid Response Team and creates as Ombudsperson at the Council 

of Environmental Quality to resolve any intra-agency disputes or 

delays related to the transmission facility permitting process. 

At its hearing on March 17, 2015, the Committee heard testimony that economically viable, widely available storage would help 

address the variable and intermittent nature of most renewable 

electricity generation with regard both to utility-scale and distributed generation. The development of such commercially available 

storage promises to smooth out the intermittency of variable, 

weather-dependent generation, reduce the stress placed on baseload generation from ramping demands, and facilitate the use of renewable generation to reduce peak demand. 

Title II includes a number of provisions needed to facilitate modernizing the electric grid, with a concentration on research, development and demonstration programs, for grid storage and for 

emerging components of the distribution network, including grid 

management techniques such as transactive energy. The provisions 

also: authorize a new suite of analytical tools the DOE would make 

available to state and regional electric grid planners and regulators 

seeking to modernize the portions of the grid within their territory, 

identify overarching policy objectives that reflect the current state 

of technology and best practices nationally, and are intended to assist in assigning accurate monetary values to emerging grid services. These provisions include a collaborative process to develop 

model grid architecture and voluntary policy pathways, performance metrics, and distribution network planning assistance. The 

Committee further recognizes that hybrid micro-grid technologies 

in our country’s remote communities that are not connected to a 

larger electric grid, particularly in Alaska and the U.S. territories, 

have the potential to increase reliability, lower electricity costs, and 

lessen these isolated areas’ dependence on conventional generation 

sources like diesel. 

Supply 

The United States cannot achieve energy independence without 

sufficient and reliable energy supplies. The nation’s geographic diversity and recent technological innovations have resulted in an 

impressive array of domestic supply options. The shale gas revolution continues to add record levels of natural gas to the nation’s 

supply, thus contributing greatly to our growing energy security. 

The continued deployment of renewable resources, particularly 

those with the ability to provide baseload power, is a necessary 

part of our nation’s long-term energy strategy. The Committee further recognizes the geopolitical importance of producing the naVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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tion’s critical mineral supply instead of relying on foreign sources 

for those base components needed to run everything from cell 

phones to medical devices. 

Renewable resources 

As the largest clean energy resource, hydropower supplies 52 

percent of the electricity generated from renewable resources and 

about 6 percent of the nation’s total electricity production. Today 

this baseload resource provides reliable and inexpensive power to 

30 million homes. 

In the next decade, more than 250 projects, representing about 

16,000 MW of hydropower capacity, will need to be relicensed 

through a byzantine process that typically takes eight to ten years. 

In EPACT 2005, Congress sought to reform the hydropower licensing procedures by providing for trial-type hearings on issues of material fact forming the basis for mandatory conditions and prescriptions and allowing for the consideration of alternatives. Title III is 

needed to improve upon the reforms initiated in 2005 and to make 

a number of procedural reforms designed to coordinate the federal 

permitting process. 

Title III further supports, through research, development and 

demonstration, other renewable energy sources such as baseload 

geothermal, marine hydrokinetic, and biomass. 

Natural gas 

The record growth in gas production, often involving regions of 

the country where such activity has not been widespread, has 

greatly increased demand for new pipelines, gathering lines, and 

other transportation infrastructure. With multiple agency involvement, the federal review process can be complex and cumbersome, 

often resulting in delays. Compounding the permitting issues, natural gas pipelines may only cross National Parks pursuant to a 

special Act of Congress because the Secretary of the Interior lacks 

the authority to grant such access. This issue has come to the forefront in recent years because of growing demand for natural gas in 

the Northeast and rising natural gas production in the Marcellus 

shale (e.g., Pennsylvania). The limited infrastructure that connects 

the two regions is greatly constrained, and the area is comprised 

of significant National Park holdings. Title III is needed to streamline the federal permitting process. 

Helium 

Helium is a natural element that is generally extracted from natural gas and refined for use in magnetic resonance imaging, semiconductor manufacturing, military aviation, federal research, pressurization and purging systems, leak detection, welding, and 

breathing mixtures. Currently, there is no standardized leasing 

process for helium development on federal lands. Ownership of helium on federal lands is instead reserved to the government, and 

leaseholders must request the rights to develop helium on a caseby-case basis. Facilitating helium production on federal lands and 

requiring the expedited completion of environmental reviews for 

helium-related projects are important objectives. 


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Critical minerals 

The United States lacks a clear policy to ensure the domestic 

supply of those minerals that are critical components of the technology needed to run defense, energy, electronic and medical systems. Minerals affect our daily lives and ability to prosper. Establishing a list of the minerals critical to the American economy and 

detailing a cohesive policy to secure a domestic supply is essential 

to the energy security and prosperity of the United States. 

Accountability 

Loan programs 

DOE currently administers two energy-related loan programs 

through its Loan Programs Office: the so-called ‘‘Section 1703’’ loan 

guarantee program established by EPACT 2005, and the ATVM direct loan program established by the passage of EISA 2007. Title 

IV reforms the section 1703 loan programs in order to prohibit the 

subordination of taxpayer interests to those of private investors, to 

require a minimum percentage of credit subsidies be paid by borrowers, and to increase program transparency. The bill also 

amends the fee authority for the ATVM program and creates a 

pathway for marine vessel projects to be eligible under it. As of 

now, smaller-scale projects at the local level have not had access 

to the section 1703 loan guarantee program, in part due to the high 

cost of participation. As a result, title IV provides that state energy 

financing institutions may participate in the section 1703 program, 

and removes the innovation requirement for those entities, which 

in turn can lend to the smaller-scale projects at the local level. 

Innovation 

The historic mission of the National Laboratories has expanded 

to include basic science, as well as research, development, and deployment related to energy and national security. In addition, the 

National Laboratories house scientific instrumentation and facilities that, in many cases, are publicly available and unique. DOE 

currently operates 17 National Laboratories that are managed by 

six different offices: the Office of Science; National Nuclear Security Administration; the Office of Nuclear Energy; the Office of Fossil Energy; the Office of Energy Efficiency and Renewable Energy; 

and the Office of Environmental Management. A number of studies 

conducted by government agencies and independent third parties 

have highlighted concerns with the relationship between DOE and 

the management of National Laboratories, the challenges with 

technology transfer, and accessibility of the National Laboratories 

to the public. Title IV addresses these issues. 

Grid reliability 

The nation’s grid system is critical electric infrastructure. Given 

its national importance, the Committee believes that the reliability 

of the nation’s transmission-related facilities should be fully considered by Federal agencies prior to the adoption of new major federal 

regulations that may significantly affect grid stability. Title IV 

therefore establishes a Reliability Impact Statement requirement 

to ensure that federal regulations preserve grid reliability. 


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Existing ‘‘baseload’’ capacity units, such as nuclear units, are capable of operating continuously and providing critically necessary 

grid reliability services. In those parts of the country where Regional Transmission Organizations (RTOs) are administering socalled ‘‘organized markets,’’ nuclear and other baseload plants have 

been and remain at significant risk, from a number of factors, of 

being retired earlier than the expected lifetime of the plants. These 

include: the effects of RTO capacity market rules that some stakeholders contend artificially depress revenues for the units such that 

they cannot provide a reasonable return that warrants remaining 

in service; government regulations; and preferences for and competition from intermittent generation sources. These capacity markets have been controversial, however, with a number of parties 

calling for their reform or elimination. It is important to gather further information from the RTOs on the aggregate electric generating capacity resources available to the transmission organization 

and an assessment of whether the market rules are producing 

meaningful price signals to indicate where new supply is needed 

and to reduce uncertainty. 

In emergency situations, such as when grid reliability is threatened, the Secretary of Energy has the ability to order electric generating units to run. In the past, this has put utilities in a situation where running the plant in compliance with the DOE’s emergency order could result in that unit exceeding an environmental 

permit, thus subjecting it to litigation. Given the paramount importance of a safe and reliable electrical grid, title IV provides liability 

protection for those parties subject to an emergency order by the 

Secretary of Energy. 

Management 

According to the Government Accountability Office (GAO), the federal government wastes about $2 billion a year maintaining 

some 77,000 unneeded federal buildings. GAO has also documented 

that the Bureau of Land Management (BLM) is still holding 3.4 

million acres that have been identified for disposal through the 

agency’s land use planning process, chiefly due to an inaccurate 

and out-of-date system for tracking inventories of buildings and 

land parcels. The Department of the Interior (DOI) maintains more 

than 100 different property tracking systems, and the Department 

of Defense (DOD) maintains more than 300 property management 

systems. GAO has even determined the General Services Administration’s system, which is used by 30 different agencies, to be ‘‘unreliable and of limited usefulness.’’ The Committee believes that establishing a single, multipurpose, and uniform computer database 

at the federal level will allow duplicate and wasteful activities to 

be identified and eliminated. 

On January 9, 2014, President Obama issued a presidential 

memorandum establishing a QER Task Force, co-chaired by the Director of the Office of Science and Technology Policy and the Director of the Domestic Policy Council and including the heads of thirteen departments and several governmental agencies and organizations. On April 28, the Committee conducted an oversight hearing 

on the first installment of the Administration’s QER, which focused 

on the infrastructure necessary for transporting, transmitting, and 

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prised of high-level agency officials to review the nation’s energy 

policy every four years will be beneficial. 

Energy data is critical in assisting consumers, industry, policymakers and regulators in making educated decisions. This is particularly important at points in time when our energy systems are 

in major transition, as is the case today. The Energy Markets section would boost the EIA’s ability to collect data on energy traders, 

and the kinds of entities engaged in both the physical and financial 

energy markets. It would establish the Office of Financial Market 

Analysis at the EIA, along with an interagency working group on 

energy markets that would span the DOE and FERC, along with 

the regulators at the Securities Exchange Commission, Commodity 

Futures Trading Commission and the Department of Treasury. 

Conservation reauthorization 

Authorizations for the Land and Water Conservation Fund 

(LWCF) and the Historic Preservation Fund are both set to expire 

at the end of this fiscal year. At the same time, there is a significant maintenance backlog at some of our most treasured National 

Parks. Title V permanently reauthorizes the LWCF program in a 

way that balances land acquisition with other conservation programs important to states and also permanently reauthorizes the 

Historic Preservation Fund. To address the problem of needed 

maintenance at the national parks, title V also establishes a National Park Maintenance and Revitalization Fund. 

LEGISLATIVE HISTORY

The Committee on Energy and Natural Resources held four oversight hearings on subjects relevant to its consideration of energy 

policy in the first four months of the 114th Congress. The four 

hearings were on the state of technological innovation related to 

the electric grid (March 17, 2015); the Energy Information Administration’s annual energy outlook for 2015 (April 16, 2015); reauthorization and potential reforms to the Land and Water Conservation Fund (LWCF) (April 22, 2015); and the Administration’s Quadrennial Energy Review (QER) (April 28, 2015). 

The Committee on Energy and Natural Resources held six legislative hearings on the subjects of liquefied natural gas (LNG) (S. 

33, the LNG Permitting Certainty and Transparency Act) (January 

29, 2015); energy efficiency (April 30, 2015); critical minerals (S. 

883, the American Mineral Security Act of 2015) (May 12, 2015); 

energy infrastructure (May 14, 2015); energy supply (May 19, 

2015); and energy accountability and reform (June 9, 2015) to consider a total of 114 introduced bills. 

Subsequently, on July 22, 2015, the Chairman and Ranking 

Member circulated to Members of the Committee a draft of an 

original bill drawn from a combination of approximately 50 of the 

measures considered during the legislative hearings. 

The Committee marked up the draft bill over the course of three 

days in an open business meeting starting on July 28, 2015 and 

continuing on July 29, 2015 and July 30, 2015. The Committee considered 59 amendments, of which 34 were adopted, nine were rejected, and 15 were offered and withdrawn. The Committee on Energy and Natural Resources met in open business session on July 


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30, 2015 to consider the draft, and ordered an original bill favorably reported. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Committee on Energy and Natural Resources, in open business session on July 30, 2015, by a majority vote of a quorum 

present, recommends that the Senate pass an original bill, as described herein. 

The roll call vote on reporting the measure was 18 yeas, 4 nays, 

as follows: 

YEAS NAYS 

Ms. Murkowski Mr. Lee * 

Mr. Barrasso Mr. Flake * 

Mr. Risch Mr. Sanders * 

Mr. Daines Ms. Stabenow * 

Mr. Cassidy 

Mr. Gardner 

Mr. Portman 

Mr. Hoeven 

Mr. Alexander * 

Ms. Capito 

Ms. Cantwell 

Mr. Wyden* 

Mr. Franken 

Mr. Manchin 

Mr. Heinrich 

Ms. Hirono 

Mr. King 

Ms. Warren 

* Indicates vote by proxy. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of contents 

Section 1 provides a short title and table of contents. 

Section 2. Definitions 

Section 2 defines key terms. 

TITLE I—EFFICIENCY 

SUBTITLE A—BUILDINGS

Section 1001. Greater energy efficiency in building codes 

Section 1001(a) amends section 303 of the Energy Conservation 

and Production Act (ECPA) to add certain definitions; section 

1001(b) amends section 304 of ECPA to require that the Secretary 

of Energy encourage and support the adoption of building energy 

codes by States, local governments, or Indian tribes that meet or 

exceed model building energy codes; section 1001(d) amends section 

307 of ECPA to require that the Secretary of Energy support the 

updating of model building energy codes. 


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Section 1002. Budget-neutral demonstration program for energy 

and water conservation improvements at multifamily residential units 

Section 1002 directs the Secretary of Housing and Urban Development (HUD) to conduct a pilot project that demonstrates the use 

of budget-neutral, performance-based agreements for energy or 

water conservation improvements in HUD multifamily housing. 

Section 1003. Coordination of energy retrofitting assistance for 

schools 

Section 1003 directs the Department of Energy’s (DOE) Office of 

Energy Efficiency and Renewable Energy (EERE) to coordinate and 

disseminate information on existing Federal programs that may be 

used to help initiate, develop, and finance energy efficiency, renewable energy, and energy retrofitting projects for schools. 

Section 1004. Energy efficiency retrofit pilot program 

Section 1004 directs the Secretary of Energy to establish a pilot 

program to award grants for the purpose of retrofitting nonprofit 

buildings with energy-efficiency improvements. 

Section 1005. Utility energy service contracts 

Section 1005 amends section 546 of the National Energy Conservation Policy Act (NECPA) to extend the maximum potential 

contract period of utility energy service contracts from 10 to 25 

years. 

Section 1006. Use of energy and water efficiency measures in Federal buildings 

Section 1006 amends contracting authority and reporting in 

NECPA to encourage Federal agencies to enter into energy savings 

performance contracts and utility energy service contracts to implement energy and water conservation measures at Federal buildings. Section 1006(g) specifies that the term ‘‘federal building’’ does 

not include a dam, reservoir, or hydropower facility owned or operated by a Federal agency. 

Section 1007. Building training and assessment centers 

Section 1007 directs the Secretary of Energy to provide grants to 

institutions of higher education and Tribal Colleges or Universities 

to establish building training and assessment centers. 

Section 1008. Career skills training 

Section 1008 directs the Secretary of Energy to provide grants to 

eligible entities to cover a portion of the cost of career skills training programs that lead to students receiving an industry-related 

certification for the installation of energy efficient building technologies. 

Section 1009. Energy-efficient and energy-saving information technologies 

Section 1009 amends section 543 of NECPA by adding a section 

that directs the Director of the Office of Management and Budget 

(OMB) to collaborate with each Federal agency to develop an impleVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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mentation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies. 

Section 1010. Availability of funds for design updates 

Section 1010 amends section 3307 of title 40 of the U.S. Code to 

allow the Administrator of General Services to use appropriated 

funds to update the design of a building for which the design has 

been substantially completed but on which construction has not 

begun to meet applicable Federal building energy efficiency standards. 

Section 1011. Energy efficient data centers 

Section 1011 amends section 453 of the Energy Independence 

and Security Act (EISA) of 2007 to update the Voluntary National 

Information Program. The section requires the development of a 

metric for data center energy efficiency, and the Secretary of Energy and Director of OMB to maintain a data center energy practitioner program and an open data initiative for Federal data center 

energy usage. 

Section 1012. Weatherization Assistance Program 

Section 1012(a) amends section 422 of ECPA to reauthorize the 

Weatherization Assistance Program. Subsection (b) adds a new section 414C to ECPA to require the Secretary of Energy to provide 

competitive grants to nonprofit organizations with a record of making energy efficient improvements to conduct housing energy retrofits for low-income persons. 

Section 1013. Reauthorization of State energy program 

Section 1013 amends section 365(f) of Energy Policy Conservation Act (EPCA) to reauthorize the State Energy Program. 

Section 1014. Smart building acceleration 

Section 1014 directs the Secretary of Energy to establish the 

‘‘Federal Smart Building Program’’ to demonstrate the costs and 

benefits of implementing smart building technology and to undertake research and development to address barriers to the integration of such technology. 

Section 1015. Repeal of fossil phase-out 

Section 1015 amends section 305(a)(3) of ECPA to repeal the requirement that new Federal buildings and Federal buildings undergoing major renovations phase out fossil fuel-generated energy 

consumption by 2030. 

Section 1016. Federal building energy efficiency performance standards 

Section 1016(a) amends section 303 of ECPA to expand the scope 

of building energy efficiency performance standards for new federal 

buildings to include major renovations. Subsection (b) amends section 305(a)(3) of ECPA to require the Secretary of Energy to establish more stringent revised Federal building energy efficiency performance standards for new Federal buildings and Federal buildings with major renovations unless demonstrated not to be lifecycle 

cost effective. 


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Section 1017. Codification of Executive Order 

Section 1017 directs the head of each Federal agency to reduce 

their building energy intensity by 2.5 percent per year for fiscal 

years 2016 through 2025. 

Section 1018. Certification for green buildings 

Section 1018 amends section 305 of ECPA to direct the Secretary 

of Energy to determine which certification systems for green commercial and residential buildings are the most likely to encourage 

a comprehensive and environmentally sound approach to the certification of green buildings. 

Section 1019. High performance green federal buildings 

Section 1019 amends section 436(h) of EISA 2007 to require the 

Federal Director of the Office of Federal High-Performance Green 

Buildings within the General Services Administration to identify 

and provide to the Secretary of Energy with a list of certification 

systems most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings. 

Section 1020. Evaluation of potentially duplicative green building 

programs within Department of Energy 

Section 1020 requires the Secretary of Energy to evaluate potentially duplicative green building programs within the DOE, and to 

determine if there are ways to eliminate overlap, improve coordination, and increase their effectiveness. 

Section 1021. Study and report of energy savings benefits of operational efficiency programs and services 

Section 1021 requires the DOE to conduct a study that results 

in a report to quantify the energy savings benefits of operational 

efficiency programs and services for commercial, institutional, industrial, and governmental entities. 

SUBTITLE B—APPLIANCES

Section 1101. Extended product system rebate program 

Section 1101 directs the Secretary of Energy to establish a rebate 

program to encourage the replacement of energy inefficient electric 

motors. 

Section 1102. Energy efficient transformer rebate program 

Section 1102 directs the Secretary of Energy to establish a rebate 

program to encourage the replacement of energy inefficient transformers. 

Section 1103. Standards for certain furnaces 

Section 1103 amends section 325(f)(4) of EPCA to make any action regarding a final rule contingent upon a determination by an 

advisory group convened by the Secretary of Energy regarding 

whether a nationwide requirement for a condensing furnace efficiency standard is technically feasible and economically justified. 


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Section 1104. Third-party certification under Energy Star program 

Section 1104 amends section 324A of EPCA by directing the Administrator to revise the certification requirements for Energy Star 

program partners that manufacture consumer electronic products 

and have complied with all program requirements for at least 18 

months. 

Section 1105. Energy conservation standards for commercial refrigeration equipment 

Section 1105 postpones the implementation of new DOE energy 

efficiency standards for specific types of commercial refrigerators 

that conflict with new regulations from the Environmental Protection Agency (EPA) that phase out the use of certain refrigerants. 

This delay allows affected manufacturers time to redesign their refrigerators to meet requirements from both agencies. 

Section 1106. Voluntary verification programs for air conditioning, 

furnace, boiler, heat pump, and water heater products 

Section 1106 amends section 326(b) of EPCA to require DOE to 

recognize certain qualified voluntary, independent certification programs for energy conservation standards for air conditioning, furnace, boiler, heat pump, and water heater products, and to rely on 

these programs to verify the performance rating of these products, 

provide annual reports of all test results, and maintain a publicly 

available list of all certified models. 

SUBTITLE C—MANUFACTURING

Section 1201. Manufacturing energy efficiency 

Section 1201 amends section 452 of EISA 2007 to add the ‘‘Future of Industry Program’’ and ‘‘Sustainable Manufacturing Initiative.’’ These programs direct Industrial Assessment Centers to coordinate with other Federal manufacturing programs, National 

Laboratories, and energy service and technology providers, and direct DOE’s Office of EERE to provide onsite technical assessments 

to manufacturers seeking efficiency opportunities. 

Section 1202. Leveraging existing Federal agency programs to assist 

small and medium manufacturers 

Section 1202 directs the Secretary of Energy to expand the scope 

of technologies covered by the Industrial Assessment Centers of the 

Department to include smart manufacturing technologies and practices and equip the Centers’ Directors with tools and training to 

provide technical assistance in smart manufacturing to manufactures. 

Section 1203. Leveraging smart manufacturing infrastructure at 

National Laboratories 

Section 1203 directs the Secretary of Energy to study and implement ways for small and medium manufacturers to access the 

high-performance computing facilities at National Laboratories. 


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SUBTITLE D—VEHICLES

Section 1301. Short title 

Section 1301 provides a short title for the subtitle. 

Section 1302. Objectives 

Section 1302 lays out the objectives of the subtitle. 

Section 1303. Coordination and nonduplication 

Section 1303 requires the Secretary of Energy to ensure, to the 

maximum extent practicable, that the activities authorized by this 

subtitle are not duplicative of other programs. 

Section 1304. Authorization of appropriations 

Section 1304 authorizes appropriations through Fiscal Year 2020 

for the DOE’s vehicle technologies program. 

Section 1305. Reporting 

Section 1305 requires annual reports through Fiscal Year 2020 

for the DOE’s vehicle technologies program. 

PART I—VEHICLE RESEARCH AND DEVELOPMENT

Section 1306. Program 

Section 1306 authorizes a program of basic and applied research, 

development, engineering, demonstration, and commercial application activities for materials, technologies, and processes that could 

reduce petroleum use in passenger and commercial vehicles. 

Section 1307. Manufacturing 

Section 1307 authorizes a program of research, development, engineering, demonstration, and commercial application for advanced 

vehicle manufacturing technologies and practices. 

PART II—MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT

VEHICLES

Section 1308. Program 

Section 1308 authorizes a program of cooperative research, development, demonstration, and commercial application activities on 

advanced technologies for medium- to heavy-duty commercial, vocational, recreational, and transit vehicles. 

Section 1309. Class 8 truck and trailer systems demonstration 

Section 1309 authorizes a program to demonstrate the integration of multiple advanced technologies on Class 8 truck and trailer 

platforms. 

Section 1310. Technology testing and metrics 

Section 1310 directs the Secretary of Energy to develop standard 

testing procedures for evaluating the performance of advanced 

heavy vehicle technologies. 

Section 1311. Nonroad systems pilot program 

Section 1311 authorizes a pilot program of research, development, demonstration, and commercial application for technologies 


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to improve total machine or system efficiency for nonroad mobile 

equipment. 

PART III—ADMINISTRATION

Section 1312. Repeal of existing authorities. 

Section 1312 repeals a number of provisions within the U.S. Code 

that are no longer necessary as a result of this subtitle. 

TITLE II—INFRASTRUCTURE 

SUBTITLE A—CYBERSECURITY

Section 2001. Cybersecurity threats 

Section 2001 adds a new section, 224, to the Federal Power Act 

(FPA). The new section 224(b) provides the Secretary of Energy 

with emergency authority to protect the bulk-power system (BPS) 

from cybersecurity threats. The new section 224(c) specifies the duration of the emergency authority. The new section 224(d) directs 

the Federal Energy Regulatory Commission (FERC or Commission) 

to adopt regulations to permit entities subject to an emergency 

order under this section to seek recovery of prudently-incurred 

costs required to implement actions ordered by the Secretary, to 

designate critical electric infrastructure information (CEII), to prohibit the unauthorized disclosure of CEII, and to ensure there are 

appropriate sanctions in place for the knowing and willful disclosure of such protected information by FERC personnel or agents of 

the Commission. The new subsection 224(d)(1) protects CEII from 

disclosure under federal or state sunshine laws. 

Section 2002. Enhanced grid security 

Section 2002 codifies the DOE as the Sector-Specific Agency for 

cybersecurity for the energy sector and specifies the DOE’s duties 

with regard to that role. Directs the Secretary to carry out a cybersecurity-related research, development, and demonstration program; perform pilot demonstration projects for new technologies; 

and develop workforce curricula for energy sector-related cybersecurity. 

SUBTITLE B—STRATEGIC PETROLEUM RESERVE

Section 2101. Strategic Petroleum Reserve test drawdown and sale 

notification and definition change 

Section 2101(a) amends section 161 of EPCA to require DOE to 

notify Congress prior to any Strategic Petroleum Reserve (SPR) 

test sale, with an exception for emergency drawdowns, and to submit a report following any sale. Section 2101(b) amends section 3 

of EPCA to include terrorism as a qualifying cause of severe energy 

disruption. 

Section 2102. Strategic Petroleum Reserve mission readiness optimization 

Section 2102 requires DOE to conduct a strategic review of SPR 

and develop proposals related to its role in national policy, relevant 

legal authorities, configuration and performance, and long-term effectiveness. 


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Section 2103. Strategic Petroleum Reserve modernization 

Section 2103(a) reaffirms the strategic importance of the SPR. 

Section 2103(b) restricts the uses of funds raised from any drawdown to purposes directly related to either the operation of the Reserve or projects that enhance U.S. energy security. Section 2103(c) 

amends the definition of ‘‘related facility’’ to include terminals. 

SUBTITLE C—TRADE

Section 2201. Action on applications to export liquefied natural gas 

Section 2201(a) requires the Secretary of Energy to issue a final 

decision, approving or disapproving, any application to export natural gas to countries that do not have free trade agreements with 

the United States no later than 45 days after the FERC or Maritime Administration has concluded the review required by the National Environmental Policy Act of 1969 (NEPA). Section 2201(c)(1) 

grants, to the U.S. Court of Appeals for the District of Columbia 

Circuit or the circuit in which the liquefied natural gas export facility will be located, original and exclusive jurisdiction over any civil 

action for the review of an order issued by the Secretary of Energy 

with respect to such an application or the Secretary’s failure to 

issue a final decision on such an application. Section 2201(c)(3) provides for expedited consideration of civil actions brought under the 

section, and, in the case of covered applications. Section 2201(c)(4) 

provides for the transfer of petitions for review upon the motion of 

an applicant. 

Section 2202. Public disclosure of liquefied natural gas export destinations 

Section 2202 amends section 3 of the Natural Gas Act to require 

DOE to collect data on exports of liquefied natural gas, and to require that this data be made public. 

Section 2203. Energy data collaboration 

Section 2203 requires the Energy Information Administration 

(EIA) to collaborate with Mexican and Canadian officials to improve the collection of cross-border energy data and provide periodic updates to the Congressional committees of jurisdiction. 

SUBTITLE D—ELECTRICITY AND ENERGY STORAGE

Section 2301. Grid storage program 

Section 2301 directs the Secretary of Energy to conduct a research, development, and demonstration program for electric grid 

energy storage to address challenges identified in the 2013 DOE 

Strategic Plan for Grid Energy Storage. 

Section 2302. Electric system grid architecture, scenario development, and modeling 

Section 2302 requires the Secretary of Energy to establish a collaborative process to develop model grid architecture and a set of 

future scenarios for the electric system to examine the impacts of 

different combinations of resources and then determine whether 

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ability of the grid system and associated communications networks 

are required. 

Section 2303. Technology demonstration on the distribution system 

Section 2303 directs the Secretary of Energy to establish a grant 

program to carry out eligible projects related to the modernization 

of the electric grid and requires the development of a cybersecurity 

plan and the performance of privacy risk analysis for those 

projects. 

Section 2304. Hybrid micro-grid systems for isolated and resilient 

communities 

Section 2304 requires the Secretary of Energy to establish a program to promote the development of hybrid micro-grid systems for 

isolated communities and micro-grid systems to increase the resilience of critical infrastructure. 

Section 2305. Voluntary model pathways 

Section 2305 requires the Secretary of Energy to initiate development of voluntary model pathways for modernizing the electric grid 

through a collaborative public-private effort to facilitate certain objectives, and establishes a Steering Committee to facilitate the development. 

Section 2306. Performance metrics for electricity infrastructure providers 

Section 2306 requires the Secretary of Energy to submit to Congress within two years after enactment a report that includes an 

evaluation of the performance of the electric grid in light of metrics 

to be developed and a description of the costs and benefits associated with certain evaluated scenarios developed under section 

2302. 

Section 2307. State and regional distribution planning 

Section 2307(a) requires the Secretary of Energy, upon the request of the State, to partner with States and regional organizations to facilitate development of State and regional electric distribution plans by conducting a resource assessment and developing open source tools for planning and operations. Section 

2307(c) authorizes the Secretary to provide technical assistance to 

States and others. 

Section 2308. Authorization of appropriations 

Section 2308 provides an authorization of appropriations to carry 

out sections 2302 through 2307. 

Section 2309. Electric transmission infrastructure permitting 

Section 2309(a) codifies the Interagency Rapid Response Team 

for Transmission to improve the efficiency of electric transmitting 

infrastructure permitting. Section 2309(b) establishes the position 

of Transmission Ombudsperson within Council on Environmental 

Quality (CEQ) to resolve delays and complaints related to the electric transmission infrastructure permitting process. Section 2309(c) 

ensures the continuity of existing use and occupancy right-of-ways 

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ing vegetation management agreements, where applicable) for the 

transmission of electric energy by any Federal department or agency by providing for agreements between such Federal entities and 

the Secretaries of the Interior or Agriculture. 

Section 2310. Report by transmission organizations on distributed 

energy resources and micro-grid systems 

Section 2310 requires Transmission Organizations to submit a 

report to FERC within six months identifying barriers to the deployment of distributed energy systems and micro-grid systems, as 

well as potential changes to the operational requirements for, or 

the charges associated with, the interconnection of these resources 

to the Transmission Organization. 

Section 2311. Net metering study guidance 

Section 2311 amends Title 18 of the Energy Policy Act (EPACT) 

of 2005 and requires the Secretary of Energy to issue guidance on 

criteria for net metering studies conducted by the DOE and directs 

the DOE to undertake a study of net energy metering. 

SUBTITLE E—COMPUTING

Section 2401. Exascale computer research program 

Section 2401 requires the Secretary of Energy to conduct a research program, and establish two or more National Lab partnerships with industry and institutes of higher education, to develop 

two or more exascale computing systems at DOE. 

TITLE III—SUPPLY 

SUBTITLE A—RENEWABLES

PART I—HYDROELECTRIC

Section 3001. Hydropower regulatory improvements 

Section 3001 amends the FPA by designating the FERC as the 

lead agency to set a binding schedule and coordinate all needed 

federal authorizations in order to address hydropower permitting 

backlogs; authorizes the Chairman of the CEQ to resolve any interagency disputes to ensure timely participation and decision-making 

by the resource agencies; makes improvements to the trial-type 

hearing process established in EPACT 2005, including requiring 

the FERC’s existing Administration Law Judges to preside over the 

hearings; and requires FERC to maintain an official consolidated 

record of a licensing proceeding and directs the Commission to establish a voluntary pilot program to consider a region-wide approach to hydropower licensing. 

Section 3002. Hydroelectric production incentives and efficiency improvements 

Section 3002 extends the incentives for hydroelectric production 

and efficiency improvements contained in EPACT 2005 through 

Fiscal Year 2025. 


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Section 3003. Extension of time for a Federal Energy Regulatory 

Commission project involving Clark Canyon Dam 

Section 3003 reinstates the FERC hydropower license for Clark 

Canyon Dam in Montana and extends the project start time for 

construction for three years. 

Section 3004. Extension of time for a Federal Energy Regulatory 

Commission project involving Gibson Dam 

Section 3004 authorizes the FERC to extend the project start 

time for construction of the Gibson Dam in Montana for six years. 

PART II—GEOTHERMAL

SUBPART A—GEOTHERMAL ENERGY

Section 3005. National goals for production and site identification 

Section 3005 provides a Sense of Congress for geothermal energy 

urging the Secretary of Interior to ‘‘significantly increase’’ geothermal production from federal lands, while asking the U.S. Geological Survey (USGS) to identify sites capable of producing 50,000 

megawatts of geothermal power using the full range of available 

technologies, within 10 years. 

Section 3006. Priority areas for development on Federal land 

Section 3006 directs the Bureau of Land Management (BLM) to 

identify high priority areas for geothermal development and to facilitate required leasing and development. 

Section 3007. Facilitation of coproduction of geothermal energy on 

oil and gas leases 

Section 3007 amends section 4(b) of the Geothermal Steam Act 

(GSA) of 1970 to allow geothermal development by co-production of 

electricity from oil and gas leases on federal lands using geothermal technologies. 

Section 3008. Noncompetitive leasing of adjoining areas for development of geothermal resources 

Section 3008 amends section 4(b) of the GSA 1970 to set up a 

noncompetitive leasing process where existing geothermal leaseholders on federal lands can move to lease adjoining lands administratively without rebidding. The amended section 4(b) sets the fair 

market value per acre that must be paid to gain such leases, sets 

minimum and maximum lease prices, lists the standards that must 

be met by lessees to gain lands, and limits the amount of land that 

can be acquired without competitive bids. 

Section 3009. Large-scale geothermal energy 

Section 3009 adds a new section 616A to EISA 2007 to authorize 

the Secretary of Energy to conduct additional types of research involving geothermal energy technologies. The new section defines 

the specific types of research that may be conducted, details how 

entities can apply for grants to conduct demonstration projects, and 

authorizes research into the environmental impacts of such technologies. 


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Section 3010. Report to Congress 

Section 3010 requires the Secretary of Energy to report to Congress within three years on the progress made by research into geothermal technologies and requires an additional report every five 

years thereafter. 

Section 3011. Authorization of appropriations 

Section 3011 provides an authorization of appropriations for Subpart A of Part II of Title III. 

SUBPART B—GEOTHERMAL EXPLORATION

Section 3012. Geothermal exploration test projects 

Section 3012 adds a new section 30 to GSA 1970 to allow for the 

use of a categorical exclusion to NEPA to permit geothermal exploration test wells to be drilled. The new section limits when the exclusion can be in place by acreage and environmental impacts and 

requires complete restoration of any site within three years, allows 

the relevant Secretary to deny any exclusion based on ‘‘extraordinary circumstances’’ as defined by existing regulations, and includes review and public notice provisions. 

PART III—MARINE HYDROKINETIC

Section 3013. Definition of marine and hydrokinetic renewable energy 

Section 3013 amends section 632 of EISA 2007 to revise the definition of marine hydrokinetic energy, broadening it beyond only 

electrical energy. 

Section 3014. Marine and hydrokinetic renewable energy research 

and development. 

Section 3014 amends both EPACT 2005 and EISA 2007 to revise 

DOE’s authorizations for research, development, and demonstration programs and commercial application efforts involving marine 

hydrokinetic technology to cover current, tidal, wave, and thermal 

technologies. The amendments define allowable research areas, coordinate research, and allow for support of in-water demonstrations 

of technologies and for partnerships with international entities, research centers, and businesses. 

Section 3015. National Marine Renewable Energy Research, Development, and Demonstration Centers 

Section 3015 amends EISA 2007 to authorize the National Marine Renewable Energy Research, Development and Demonstration 

Centers to participate in demonstration projects, support in-water 

testing, support arrays of technology devices, and serve as information clearinghouses. 

Section 3016. Authorization of appropriations 

Section 3016 amends EISA 2007 to reauthorize federal funding 

for marine hydrokinetic research. 


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PART IV—BIOMASS

Section 3017. Bio-power 

Section 3017 amends section 9008 of the Farm Security and 

Rural Investment Act of 2002 to: provide research assistance for 

the development of woody biomass heat and bio-power projects; expands the authority of the Biomass Research and Development 

Board to consider woody biomass heat and bio-power projects and 

authorizes grants to support innovation and market development of 

woody biomass heat and bio-power systems; requires the Secretaries of Agriculture and Energy to set up two working groups to 

collaborate on project implementation and to share best practices; 

establishes a low-interest loan program in the Department of Agriculture’s Rural Development Office to support the construction of 

residential, commercial or institutional and industrial woody biomass heat and bio-power systems; and permits loans for woody biomass heat residential, commercial or institutional, and industrial 

wood energy systems to be made under the Energy Efficiency and 

Conservation Loan Program under section 2 of the Rural Electrification Act of 1936. 

SUBTITLE B—OIL AND GAS

Section 3101. Amendments to the Methane Hydrate Research and 

Development Act of 2000 

Section 3101 amends and reauthorizes the Methane Hydrate Research and Development Act of 2000. The amendments authorize 

basic and applied research to identify, explore, assess, and develop 

methane hydrate as a commercially viable source of energy and to 

identify the environmental, health, and safety impacts of such development; authorizes the identification of methane hydrate concentrations in the Gulf of Mexico and Atlantic Basin; authorizes 

basic and applied research, expanded education and training programs in methane hydrate resource research, and long-term environmental monitoring and research programs into the effects of the 

production of methane hydrate reservoirs. 

Section 3102. Liquefied natural gas study 

Section 3102 requires the Secretary of Energy submit within 1 

year of enactment a study on the regional economic impacts, including on the manufacturing sector and other issues, of exporting 

liquefied natural gas. Requires the Secretary to consult the National Association of Regulatory Utility Commissioners and the National Association of State Energy Officials. 

Section 3103. FERC process coordination with respect to regulatory 

approval of gas projects 

Section 3103 designates the FERC as the lead agency for all Federal authorizations and NEPA compliance related to natural gas 

transportation; expresses the sense of Congress that all such authorizations should be issued no later than 90 days after applications are deemed complete, and directs FERC to establish an interagency schedule and to refer all interagency disputes to the CEQ 

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cies to defer to FERC and to undertake concurrent reviews if possible; requires any agency that does not adhere to the schedule to 

notify Congress and the FERC of its failure and provide a plan to 

rectify; and requires the FERC to make publicly available the updated schedule for each application with points of contact, expected 

date of completion, and explanations of delay. 

Section 3104. Pilot program 

Section 3104 requires the BLM to establish a single-state, 3-yearlong pilot program to streamline drilling permits in spacing units 

wherein the Federal Government does not own or hold more than 

25 percent of the subsurface minerals and does not own or hold 

surface area. Subsection (c) authorizes funding for 10 full-time 

equivalents and requires a report to Congress after four years. 

SUBTITLE C—HELIUM

Section 3201. Rights to helium 

Section 3201(b) requires the expedited completion of environmental reviews for helium-related projects. Section 3201(c) amends 

the Mineral Leasing Act to repeal the Federal government’s reservation of the first right to helium located on leased lands. Section 

3201(d) provides the first right of refusal to explore for helium on 

leased lands to the lessee. 

SUBTITLE D—CRITICAL MINERALS

Section 3301. Definitions 

Section 3301 defines key terms used in the subtitle. 

Section 3302. Policy 

Section 3302 amends section 3 of the National Materials and 

Minerals Policy, Research and Development Act of 1980 to modernize the congressional declaration of federal mineral policies. 

Section 3303. Critical mineral designations 

Section 3303 requires the Secretary of the Interior, acting 

through the Director of the USGS, to establish a methodology for 

the designation of critical minerals based on the potential for supply disruptions and the importance of their use; and requires the 

list of critical minerals to be reviewed and updated at least every 

three years. 

Section 3304. Resource assessment 

Section 3304 requires the Secretary of the Interior, in coordination with State geological surveys, to identify and quantify critical 

mineral resources throughout the United States within four years; 

and requires a report on the status of geological surveying for any 

mineral on which the United States is more than 25 percent import 

dependent, but which is not designated as a critical mineral. 

Section 3305. Permitting 

Section 3305 outlines a series of performance improvements and 

reporting requirements to reduce delays in the federal permitting 

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ate progress made in improving permitting efficiency. Section 

3305(e) directs OMB to include mining projects on the Federal Infrastructure Projects Permitting Dashboard. Section 3305(f) requires a report from the Small Business Administration on regulations affecting the critical minerals industry. 

Section 3306. Federal Register process 

Section 3306 requires Federal Register notices to be completed 

within 45 days, prepared at the organization level of the agency, 

and transmitted from the office in which the documents or meetings are held or the activity is initiated. 

Section 3307. Recycling, efficiency, and alternatives 

Section 3307 directs the Secretary of Energy to conduct a program of research and development to promote the efficient production, use, and recycling of critical minerals throughout the supply 

chain, and to develop alternatives to critical minerals that do not 

occur in significant abundance in the United States. 

Section 3308. Analysis and forecasting 

Section 3308 directs the Secretary of the Interior, in consultation 

with the EIA, to establish a forecasting capability for critical mineral reliance, production, price, recycling, and related factors; requires a new ‘‘Annual Critical Minerals Outlook;’’ and protects proprietary data. 

Section 3309. Education and workforce 

Section 3309 provides for a workforce assessment, curriculum development, and programs related to critical minerals at institutions 

of higher education. 

Section 3310. National geological and geophysical data preservation 

program 

Section 3310 reauthorizes the program created by section 351 of 

EPACT 2005. 

Section 3311. Administration 

Section 3311 repeals the National Critical Materials Act of 1984, 

makes conforming amendments, and provides two savings clauses 

related to the effect of the critical minerals subtitle. 

Section 3312. Authorization of appropriations 

Section 3312 provides an authorization of appropriations for subtitle D. 

SUBTITLE E—COAL

Section 3401. Fossil energy 

Section 3401 amends section 961(a) of EPACT 2005 to include 

improvement of conversion, use, and storage of carbon dioxide produced from fossil fuels as an objective in the research, development, demonstration, and commercial application programs for fossil energy at the DOE. 


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Section 3402. Establishment of coal technology program 

Section 3402 repeals the existing EPACT 2005 coal programs, 

and establishes a new coal technology program, which includes programs for research and development, large-scale pilot projects, and 

demonstration projects. The program objectives are reliable power, 

conversion efficiencies, carbon capture and storage, reduction of 

emissions, and water discharge management. The amendment authorizes $610 million annually from 2017–2020, and $560 million 

for 2021. 

SUBTITLE F—NUCLEAR

Section 3501. Report on fusion and fission reactor prototypes 

Section 3501 requires a report on fusion and fission reactor prototypes. Requires DOE to submit a report to Congress that assesses 

its capability to host privately-funded fusion and fission reactor 

prototypes at DOE-owned sites. 

Section 3502. Next generation nuclear plant project 

Section 3502 removes the requirement that the project be built 

in a specific state. 

SUBTITLE G—WORKFORCE DEVELOPMENT

Section 3601. 21st Century Energy Workforce Advisory Board 

Section 3601 establishes the 21st Century Energy Workforce Advisory Board at DOE to develop a strategy for the support and development of a skilled workforce, including underrepresented populations, to meet current and future energy sector needs. 

Section 3602. Energy workforce pilot grant program 

Section 3602 establishes a four year pilot program to award competitive grants for job training programs that lead to an industryrecognized credential. 

SUBTITLE H—RECYCLING

Section 3701. Recycled carbon fiber 

Section 3701 directs the Secretary of Energy to conduct a comprehensive study on the recycling of carbon fiber and production 

waste carbon fiber. Upon completion of the study, directs the Secretary to develop a recycled carbon fiber demonstration project. 

Section 3702. Energy generation and regulatory relief study regarding recovery and conversion of nonrecycled mixed plastics 

Section 3702 requires the Secretary of Energy to conduct a study 

to determine a cost-effective system to convert plastics into material that can be used to generate electric energy, fuels, or chemical 

feedstocks. 

Section 3703. Eligible projects 

Section 3703 excludes projects that use commonly recycled paper 

from being eligible for the Title XVII DOE loan guarantee program 

created by EPACT 2005. 


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TITLE IV—ACCOUNTABILITY 

SUBTITLE A—LOAN PROGRAMS

Section 4001. Terms and conditions for incentives for innovative 

technologies 

Section 4001(a) amends section 1702 of EPACT 2005 to require 

that borrowers pay no less than 25 percent of the cost of the credit 

subsidy for a guarantee and directs the Secretary of Energy to provide an estimate or range for the expected cost as soon as practicable. Section 4001(b) amends section 1702 of EPACT 2005 to 

clarify and reaffirm the current prohibition on subordination of 

debt. Section 4001(c) increases the transparency of the section 1703 

loan guarantee program by establishing a process for the borrower 

to request the status of their application directly from DOE. Section 4001(d) repeals the temporary loan program under section 

1705 of EPACT 2005. 

Section 4002. State loan eligibility 

Section 4002 amends section 1701 of EPACT 2005 to clarify eligibility for State energy financing institutions and establishes terms 

and conditions for their participation in the Section 1703 loan guarantee program. 

Section 4003. GAO Study on fossil loan guarantee incentive program 

Section 4003 directs the Comptroller General of the United 

States to conduct a report on the effectiveness of DOE’s advanced 

fossil loan guarantee program and other incentive programs for advanced fossil energy at the Department. 

Section 4004. Program eligibility for vessels 

Section 4004 authorizes projects for the reequipping, expanding, 

or establishing of a manufacturing facility in the United States to 

produce vessels to be eligible for the Advanced Technology Vehicles 

Manufacturing (ATVM) program established by section 136 of 

EISA 2007. Section 4004 also prohibits the use of any existing credit subsidy and requires either new appropriations or borrowers to 

self-pay the credit subsidy associated with projects made eligible 

under the section. 

Section 4005. Additional reforms 

Section 4005 directs the DOE to issue a rule that specifies energy 

efficiency improvement standards for the manufacturing, retrofitting, or repowering of vessels made eligible for the ATVM program, and provides the DOE, consistent with its authority under 

the section 1703 loan guarantee program, authority to charge fees 

for the ATVM program, including the ability to charge closing fees. 

Section 4006. Department of Energy Indian energy education planning and management assistance program 

Section 4006 reauthorizes the Indian Energy Education Planning 

and Management Assistance Program first created by the Energy 

Policy Act of 1992. It makes grants to Indian tribes for energy education, research and development, planning and management 


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needs. It extends the current authorization for such grants from 

2016 through 2021. 

SUBTITLE B—ENERGY-WATER NEXUS

Section 4101. Nexus of energy and water for sustainability 

Section 4101 directs the Secretary of Energy and the Secretary 

of the Interior to establish an Interagency Coordination Committee, 

co-chaired by the Secretaries of Energy and the Interior, to identify 

all relevant energy-water nexus activities across the federal government; enhance the coordination of research and development activities among agencies; gather and disseminate data to enable better practices; explore relevant public-private collaboration; issue a 

report on the feasibility of establishing an energy-water center of 

excellence at the National Laboratories, and develop a research 

and development plan for energy-water nexus related programs. It 

also directs the Secretaries to establish the Nexus of Energy and 

Water Sustainability (NEWS) office to provide leadership and administrative support functions for the Interagency Coordination 

Committee. 

Section 4102. Smart energy and water efficiency pilot program 

Section 4102 amends Title IX of EPACT 2005 to establish a 

Smart Energy and Water Efficiency Pilot Program at DOE to provide grants to eligible utilities, municipalities, water districts as 

well as Indian tribes and Alaska Native villages. 

SUBTITLE C—INNOVATION

Section 4201. America COMPETES programs 

Section 4201(a) amends section 971(b) of EPACT 2005 to authorize the DOE’s Office of Science to carry out research, development, 

demonstration, and commercial applications activities. Subsection 

(b) reauthorizes the Advanced Research Projects Agency—Energy 

(ARPA-E) and provides additional protection for program participants’ proprietary information. 

Section 4202. Inclusion of early stage technology demonstration in 

authorized technology transfer activities 

Section 4202 amends section 1001 of EPACT 2005 to allow directors of National Laboratories to use technology transfer funds to 

carry out early stage and pre-commercial technology demonstration 

activities, to remove technology barriers that limit private sector 

interest, and to demonstrate potential commercial applications of 

any research and technologies arising from National Laboratory activities. 

Section 4203. Supporting access of small business concerns to National Laboratories 

Section 4203 requires the Secretary of Energy to create a website 

relating to National Laboratory programs available to small business concerns in order to facilitate access to the National Laboratories and the promotion of technology transfer of innovative energy technologies. 


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Section 4204. Microlab technology commercialization 

Section 4204 allows the Secretary of Energy, in collaboration 

with the directors of the National Laboratories, to establish a 

microlab program. Section 4204(d) authorizes appropriations of $50 

million for fiscal year 2016. 

SUBTITLE D—GRID RELIABILITY

Section 4301. Bulk-power system reliability impact statement 

Section 4301 amends section 215 of the FPA to require regional 

reliability entities to submit to Congress and FERC within six 

months after enactment, and every three years thereafter, a report 

that describes the state of and prospects for electric reliability 

within the region. With respect to major federal rules that may significantly affect the reliable operation of the bulk power system, 

the regional reliability entities shall submit to FERC, for transmittal to the agency issuing the rule, a statement on the impact 

of the proposed rule on the reliable operation of the bulk power system—a Reliability Impact Statement (RIS). The Agency issuing the 

rule shall consider the RIS and include a detailed response in the 

final rule. 

Section 4302. Report by transmission organizations on diversity of 

supply 

Section 4302 requires Transmission Organizations to submit a 

report to the FERC within six months that identifies, describes, 

and evaluates the electric capacity resources available to the 

Transmission Organization; assesses the current and projected 

state of reliability; and assesses whether and to what extent the 

market rules of the Transmission Organization meet a series of criteria related to wholesale electric prices, diversity of generation, 

and availability of self-supply of electric capacity resources by public power entities. 

Section 4303. Activities carried out during an authorization during 

war or emergency 

Section 4303 amends section 202(c) of the FPA to provide, subject 

to exceptions, a waiver of liability for actions carried out in compliance with an order under that section or under section 224(b)(1). 

This would include generation, delivery, interchange, or transmission of electric energy ordered to be provided during a war or 

to meet an emergency such as an imminent threat to electric reliability. 

SUBTITLE E—MANAGEMENT

Section 4401. Federal land management 

Section 4401 authorizes the Secretary of the Interior to establish 

a ‘‘cadastre,’’ or computerized inventory of buildings and other real 

property (land), including associated infrastructure such as roads 

and utility systems and pipelines, collected from surveys, maps, 

charts and inventories that will be stored as digital data. Section 

4401(b)(1)(C) authorizes the Secretary to enter into discussions 

with other federal agencies to utilize the data inventory system to 

keep track of their holdings, and authorizes the development of 


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cost-sharing agreements so that states, local governments, and Indian tribes may also utilize the inventory system. Section(b)(4) outlines the coordination involved in collecting and creating the geographical (data) information system that will store the inventories. 

Section 4401(c) requires that the information be kept in a graphically geo-enabled and searchable format available to the public on 

the Internet, provided that the identity of any buildings and facilities that would impair or jeopardize national security or homeland 

defense are withheld from public disclosure. Section 4401(d) clarifies that nothing in the provision requires any new appraisals or 

assessments of federal assets for any purpose. 

Section 4402. Quadrennial Energy Review 

Section 4402 amends section 801 of the DOE Organization Act to 

require the President to establish a Quadrennial Energy Review 

(QER) Task Force comprising high-level agency officials. Requires 

this task force to conduct a DOE-supported review of national energy policy every four years. 

Section 4403. State oversight of oil and gas programs 

Section 4403 adds a new section requiring the Secretary of the 

Interior to establish a program through which the BLM and a 

State, upon the request of the Governor of the State, can enter into 

a memorandum of understanding to consider the costs and benefits 

of creating consistent rules and processes governing oil and gas 

production activities on federal lands in the State. 

Section 4404. Under Secretary for Science and Energy 

Section 4404 makes conforming amendments to the DOE Organization Act and other relevant acts to reflect the current title for 

this position. 

SUBTITLE F—MARKETS

Section 4501. Enhanced information on critical energy supplies 

Section 4501 amends section 205 of the DOE Organization Act to 

require EIA, in cooperation with the Commodity Futures Trade 

Commission (CFTC), to collect data on physical oil inventories and 

other physical oil assets owned by the 50 largest traders of oil contracts as determined by the CFTC. The new section 205 (p) establishes a Financial Market Analysis Office within EIA. 

Section 4502. Working Group on Energy Markets 

Section 4502 establishes a Working Group on Energy Markets 

composed of high-level agency officials chaired by the Secretary of 

Energy. The Working Group shall investigate the effects of financial investment in energy commodities and issue recommendations 

to the President and Congress if necessary. 

Section 4503. Study of regulatory framework for energy markets 

Section 4503 requires the Working Group on Energy Markets to 

conduct a study about the pricing of crude oil and refined products 

and to provide to the Congressional committees of jurisdiction recommendations concerning Federal oversight and regulatory action 

related to transparency and excessive speculation. 


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SUBTITLE G—AFFORDABILITY

Section 4601. E-prize competition pilot program 

Section 4601 amends section 1008 of EPACT 2005 to add an Eprize Competition Pilot Program. The new section 1008(g)(2)(A) requires the Secretary of Energy to establish an e-prize competition 

or challenge pilot program to implement sustainable community 

and regional energy solutions that seek to reduce energy costs 

through increased efficiency, conservation, or technology innovation 

in high-cost regions. The new section 1008(g)(2)(B) provides for a 

prize purse to be awarded by the Secretary, in amounts determined 

by the Secretary, through one or more competitions or challenges. 

SUBTITLE H—CODE MAINTENANCE

Section 4701. Repeal of off-highway motor vehicles study 

Section 4701 repeals an outdated study. 

Section 4702. Repeal of methanol study 

Section 4702 repeals an outdated study. 

Section 4703. Repeal of authorization of appropriations provision 

Section 4703 repeals expired authorizations. 

Section 4704. Repeal of residential energy efficiency standards study 

Section 4704 repeals an outdated study. 

Section 4705. Repeal of weatherization study 

Section 4705 repeals an outdated study. 

Section 4706. Repeal of report to Congress 

Section 4706 repeals an outdated report. 

Section 4707. Repeal of report by General Services Administration 

Section 4707 repeals an outdated report. 

Section 4708. Repeal of intergovernmental energy management 

planning and coordination workshops 

Section 4708 repeals an outdated requirement for intergovernmental workshops. 

Section 4709. Repeal of Inspector General audit survey and President’s Council on Integrity and Efficiency report to Congress 

Section 4709 repeals an outdated Inspector General audit and an 

outdated report. 

Section 4710. Repeal of procurement and identification of energy efficient products programs 

Section 4710 repeals an outdated program at DOE. 

Section 4711. Repeal of national action plan for demand response 

Section 4711 repeals an outdated report and an expired authorization. 


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Section 4712. Repeal of national coal policy study 

Section 4712 repeals an outdated study. 

Section 4713. Repeal of study on compliance problem of small electric utility systems 

Section 4713 repeals an outdated study. 

Section 4714. Repeal of study of socioeconomic impacts of increased 

coal production and other energy development 

Section 4714 repeals an outdated study. 

Section 4715. Repeal of study of the use of petroleum and natural 

gas in combustors 

Section 4715 repeals an outdated study. 

Section 4716. Repeal of submission of reports 

Section 4716 repeals outdated reporting requirements. 

Section 4717. Repeal of electric utility conservation plan 

Section 4717 repeals an outdated requirement for electric utilities to submit a plan to Congress. 

Section 4718. Emergency Energy Conservation repeals 

Section 4718 repeals outdated findings and requirements for 

minimum purchases of gasoline and associated fines in the event 

of a violation. 

Section 4719. Energy Security Act repeals 

Section 4719 repeals outdated provisions related to biomass and 

the use of gasohol in federal motor vehicles. 

Section 4720. Nuclear Safety Research, Development, and Demonstration Act of 1980 repeal. 

Section 4720 repeals outdated studies. 

Section 4721. Elimination and consolidation of certain America 

COMPETES programs 

Section 4721 repeals unused or outdated America COMPETES 

program authorities and consolidates other duplicative authorities. 

Section 4722. Repeal of the state utility regulatory assistance 

Section 4722 repeals an outdated grant program. 

Section 4723. Repeal of survey of energy saving potential 

Section 4723 repeals outdated reports to the President and Congress. 

Section 4724. Repeal of photovoltaic energy program 

Section 4724 repeals an outdated photovoltaic energy commercialization program for the accelerated procurement and installation of photovoltaic solar electric systems for electric production in 

Federal facilities. 


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Section 4725. Repeal of energy auditor training and certification 

Section 4725 repeals an outdated grant program for training and 

certification of individuals to conduct energy audits. 

Section 4726. Repeal of authorization of appropriations 

Section 4726 repeals expired authorization of appropriations. 

TITLE V—LAND AND WATER CONSERVATION FUND 

REAUTHORIZATION 

Section 5001. National Park Service Maintenance and Revitalization Conservation Fund 

Section 5001 establishes a National Park Service Critical Maintenance and Revitalization Conservation Fund to address high-priority deferred maintenance needs of the National Park Service with 

a prohibition on the use of funds for land acquisition. 

Section 5002. Land and Water Conservation Fund 

Section 5002 permanently reauthorizes the Land and Water Conservation Fund (LWCF). Specifies the way in which funds may be 

allocated; adding two new set-asides: one for hunting, fishing, or 

other recreational purposes and another for recreation and conservation programs important to states. In making federal land acquisitions, the Secretaries shall consider conservation easements 

and are required to take into account certain considerations in determining which land or interests in land to acquire. 

Section 5003. Historic Preservation Fund 

Section 5003 permanently reauthorizes the Historic Preservation 

Fund. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the report is available, the Chairman will 

request it to be printed in the Congressional Record for the advice 

of the Senate. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

this legislation. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals or businesses. 

This bill provides emergency authority to the Secretary of Energy 

to direct the owners, operators or users of the Bulk Power System 

already registered with the nation’s Electric Reliability Organization to take necessary actions to guard against cybersecurity 

threats. There may be some economic costs associated with these 

requirements, though these costs may be offset in whole or in part 

by the protection of critical grid infrastructure. Amendments to the 

Federal Power Act may result in the protection of certain sensitive 


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information from public disclosure. Also, compliance with voluntary 

programs, such as those designed to increase energy efficiency efforts, will require commitments of resources. Various grant and 

other assistance programs will require submission of documentation or plans as a condition for the assistance. The Committee believes that the effects are not undue and are reasonable in light of 

the benefits of the programs. 

No personal information would be collected in administering programs authorized under the bill. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from enactment 

of this measure, as ordered reported, with the exception of certain 

ongoing reporting requirements on regional reliability entities regarding electric reliability issues. The bill requires regional reliability entities to submit to FERC a Reliability Impact Statement 

for any proposed major federal rule that may significantly affect 

the reliable operation of the Bulk Power System. This bill also requires federal agencies to conduct various studies or make various 

reports and would require the reporting of certain information associated with grant and financial assistance programs. 

CONGRESSIONALLY DIRECTED SPENDING

The bill, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Executive views on the original bill have not been received. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the original 

bill, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

TABLE OF CONTENTS 

Page 

1. America COMPETES Act, Public Law 110–69, as Amended ........................... 34 

2. Department of Energy High-End Computing Revitalization Act of 2004, 

Public Law 108–423 ............................................................................................. 46 

3. Department of Energy Organization Act, Public Law 95–91, as Amended .... 49 

4. Department of Energy Science Education Enhancement Act, Part E of 

Title XXXI of Public Law 101–510 ..................................................................... 56 

5. Emergency Energy Conservation Act of 1979, Public Law 96–102 ................. 63 

6. Energy Conservation And Production Act, Public Law 94–385, as Amended 67 

7. Energy Independence And Security Act of 2007, Public Law 110–140, as 

Amended ............................................................................................................... 90 

8. Energy Policy Act of 2005, Public Law 109–58, as Amended ........................... 106 

9. Energy Policy Act of 1992, Public Law 102–486, as Amended ......................... 135 

10. Energy Policy And Conservation Act, Public Law 94–163, as Amended ....... 145 

11. Energy Security Act, Public Law 96–294, as Amended .................................. 156 

12. Federal Power Act, Act of June 10, 1920, Chapter 285, as Amended ........... 179 

13. Farm Security Rural Investment Act Of 2002, Public Law 107–171, as 

Amended ............................................................................................................. 195 

14. Geothermal Steam Act of 1970, Public Law 109–58, as Amended ................ 198 


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15. Mineral Leasing Act, Act of February 25, 1920, as Amended ........................ 205 

16. Mineral Leasing Act for Acquired Lands, Public Law 80–382 ....................... 206 

17. National Critical Materials Act of 1984, Public Law 98–373, as Amended .. 206 

18. National Energy Conservation Policy Act, Public Law 95–619, as Amended ......................................................................................................................... 212

19. National Materials And Minerals Policy, Research And Development Act 

of 1980, Public Law 96–479, as Amended ........................................................ 225 

20. Natural Gas Act, Act of June 21, 1938, Chapter 556, as Amended ............... 226 

21. Nuclear Safety Research, Development, And Demonstration Act of 1980 

Public Law 96–567, as amended ....................................................................... 227 

22. National Superconductivity and Competitiveness Act of 1988, Public Law 

100–697 ............................................................................................................... 228 

23. Powerplant And Industrial Fuel Use Act of 1978, Public Law 95–620, 

as Amended ........................................................................................................ 229 

24. Title 40, United States Code ............................................................................. 233 

25. Title 54, United States Code ............................................................................. 235 

AMERICA COMPETES ACT 

Public Law 109–69, as amended 

* * * * * * * 

SEC. 2. TABLE OF CONTENTS. 

* * * * * * * 

TITLE V—DEPARTMENT OF ENERGY 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

Sec. 5003. Science, engineering, and mathematics education at the Department of 

Energy. 

øSec. 5004. Nuclear science talent expansion program for institutions of higher 

education.¿ 

Sec. 5005. Hydrocarbon systems science talent expansion program for institutions 

of higher education. 

Sec. 5006. Department of Energy early career awards for science. engineering, and 

mathematics researchers. 

Sec. 5007. Authorization of appropriations for Department of Energy for basic research. 

øSec. 5008. Discovery science and engineering innovation institutes.¿ 

Sec. 5009. Protecting America’s Competitive Edge (PACE) graduate fellowship program. 

Sec. 5010. Sense of Congress regarding certain recommendations and reviews. 

Sec. 5011. Distinguished scientist program. 

Sec. 5012. Advanced Research Projects Agency—Energy. 

* * * * * * * 

øSEC. 5004. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION. 

ø(a) PURPOSES.—The purposes of this section are— 

ø(1) to address the decline in the number of and resources 

available to nuclear science programs at institutions of higher 

education; and 

ø(2) to increase the number of graduates with degrees in nuclear science, an area of strategic importance to the economic 

competitiveness and energy security of the United States. 

ø(b) DEFINITION OF NUCLEAR SCIENCE.—In this section, the term 

‘‘nuclear science’’ includes— 

ø(1) nuclear science; 

ø(2) nuclear engineering; 

ø(3) nuclear chemistry; 

ø(4) radio chemistry; and 

ø(5) health physics. 


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ø(c) ESTABLISHMENT.—The Secretary shall establish, in accordance with this section, a program to expand and enhance institution of higher education nuclear science educational capabilities. 

ø(d) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION. 

ø(1) IN GENERAL.—The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in nuclear 

science. 

ø(2) PRIORITY.—In evaluating grants under this subsection, 

the Secretary shall give priority to proposals that involve partnerships with a National Laboratory or other eligible nuclearrelated entity, as determined by the Secretary. 

ø(3) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on— 

ø(A) the potential to attract new students to the program; 

ø(B) academic rigor; and 

ø(C) the ability to offer hands-on learning opportunities. 

ø(4) DURATION AND AMOUNT.— 

ø(A) DURATION.—A grant under this subsection may be 

up to 5 years in duration. 

ø(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible for 

up to $1,000,000 for each year of the grant period. 

ø(5) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

ø(A) recruit and retain new faculty; 

ø(B) develop core and specialized course content; 

ø(C) encourage collaboration between faculty and researchers in the nuclear science field; and 

ø(D) support outreach efforts to recruit students. 

ø(e) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.— 

ø(1) IN GENERAL.—The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce 

graduates in nuclear science. 

ø(2) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on the potential for increasing the number and academic quality of graduates in the nuclear sciences 

who enter into careers in nuclear-related fields. 

ø(3) DURATION AND AMOUNT.— 

ø(A) DURATION.—A grant under this subsection may be 

up to 5 years in duration. 

ø(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible for 

up to $500,000 for each year of the grant period. 

ø(4) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

ø(A) increase the number of graduates in nuclear science 

that enter into careers in the nuclear science field; 

ø(B) enhance the teaching of advanced nuclear technologies; 


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ø(C) aggressively pursue collaboration opportunities with 

industry and National Laboratories; 

ø(D) bolster or sustain nuclear infrastructure and research facilities of the institution of higher education, such 

as research and training reactors or laboratories; and 

ø(E) provide tuition assistance and stipends to undergraduate and graduate students. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) NUCLEAR SCIENCE PROGRAM EXPANSION GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to be 

appropriated to carry out subsection (d)— 

ø(A) $3,500,000 for fiscal year 2008; 

ø(B) $6,500,000 for fiscal year 2009; 

ø(C) $9,500,000 for fiscal year 2010; 

ø(D) $9,800,000 for fiscal year 2011; 

ø(E) $10,100,000 for fiscal year 2012; and 

ø(F) $10,400,000 for fiscal year 2013. 

ø(2) NUCLEAR SCIENCE COMPETITIVENESS GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are authorized to be 

appropriated to carry out subsection (e)— 

ø(A) $3,000,000 for fiscal year 2008; 

ø(B) $5,500,000 for fiscal year 2009; 

ø(C) $8,000,000 for fiscal year 2010; 

ø(D) $8,240,000 for fiscal year 2011; 

ø(E) $8,500,000 for fiscal year 2012; and 

ø(F) $8,750,000 for fiscal year 2013.¿ 

SEC. 5005. HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION 

PROGRAM FOR INSTITUTIONS OF HIGHER EDUCATION. 

(a) PURPOSES.—The purposes of this section are— 

(1) to address the decline in the number of and resources 

available to hydrocarbon systems science programs at institutions of higher education; and 

(2) to increase the number of graduates with degrees in hydrocarbon systems science, an area of strategic importance to 

the economic competitiveness and energy security of the 

United States. 

(b) DEFINITION OF HYDROCARBON SYSTEMS SCIENCE.—In this section: 

(1) IN GENERAL.—The term ‘‘hydrocarbon systems science’’ 

means a science involving natural gas or other petroleum exploration, development, or production. 

(2) INCLUSIONS.—The term ‘‘hydrocarbon systems science’’ includes— 

(A) petroleum or reservoir engineering; 

(B) environmental geoscience; 

(C) petrophysics; 

(D) geophysics; 

(E) geochemistry; 

(F) petroleum geology; 

(G) ocean engineering; 

(H) environmental engineering; 

(I) computer science, as computer science relates to a 

science described in this subsection; and 

(J) hydrocarbon spill response and remediation. 


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(c) ESTABLISHMENT.—The Secretary shall establish, in accordance 

with this section, a program to expand and enhance institution of 

higher education hydrocarbon systems science educational capabilities. 

(d) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.— 

(1) IN GENERAL.—The Secretary shall award up to 3 competitive grants for each fiscal year to institutions of higher education that establish new academic degree programs in hydrocarbon systems science. 

(2) ELIGIBILITY.—In evaluating grants under this subsection, 

the Secretary shall give priority to proposals that involve partnerships with the National Laboratories, including the National Energy Technology Laboratory, or other hydrocarbon 

systems scientific entities, as determined by the Secretary. 

(3) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on— 

(A) the potential to attract new students to the program; 

(B) academic rigor; and 

(C) the ability to offer hands-on learning opportunities. 

(4) DURATION AND AMOUNT.— 

(A) DURATION.—A grant under this subsection may be 

up to 5 years in duration. 

(B) AMOUNT.—An institution of higher education that receives a grant under this subsection shall be eligible for up 

to $1,000,000 for each year of the grant period. 

(5) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

(A) recruit and retain new faculty; 

(B) develop core and specialized course content; 

(C) encourage collaboration between faculty and researchers in the hydrocarbon systems science field; and 

(D) support outreach efforts to recruit students. 

ø(e) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS GRANTS

FOR INSTITUTIONS OF HIGHER EDUCATION.— 

ø(1) IN GENERAL.—The Secretary shall award up to 5 competitive grants for each fiscal year to institutions of higher education with existing academic degree programs that produce 

graduates in hydrocarbon systems science. 

ø(2) CRITERIA.—Criteria for a grant awarded under this subsection shall be based on the potential for increasing the number and academic quality of graduates in hydrocarbon systems 

sciences who enter into careers in natural gas and other petroleum exploration, development, and production related fields. 

ø(3) DURATION AND AMOUNT.— 

ø(A) DURATION.—A grant under this subsection may be 

up to 5 years in duration. 

ø(B) AMOUNT.—An institution of higher education that 

receives a grant under this subsection shall be eligible for 

up to $500,000 for each year of the grant period. 

ø(4) USE OF FUNDS.—An institution of higher education that 

receives a grant under this subsection may use the grant to— 

ø(A) increase the number of graduates in the hydrocarbon systems sciences that enter into careers in the natVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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ural gas and other petroleum exploration, development, 

and production science fields; 

ø(B) enhance the teaching of advanced natural gas and 

other petroleum exploration, development, and production 

technologies; 

ø(C) aggressively pursue collaboration opportunities with 

industry and the National Laboratories, including the National Energy Technology Laboratory; 

ø(D) bolster or sustain natural gas and other petroleum 

exploration, development, and production infrastructure 

and research facilities of the institution of higher education, such as research and training or laboratories; and 

ø(E) provide tuition assistance and stipends to undergraduate and graduate students. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.— 

ø(1) HYDROCARBON SYSTEMS SCIENCE PROGRAM EXPANSION

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are¿ 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out subsection (d)— 

ø(A)¿ (1) $3,500,000 for fiscal year 2008; 

ø(B)¿(2) $6,500,000 for fiscal year 2009; 

ø(C)¿(3) $9,500,000 for fiscal year 2010; 

ø(D)¿(4) $9,800,000 for fiscal year 2011; 

ø(E)¿(5) $10,000,000 for fiscal year 2012; and 

ø(F)¿(6) $10,400,000 for fiscal year 2013. 

ø(2) HYDROCARBON SYSTEMS SCIENCE COMPETITIVENESS

GRANTS FOR INSTITUTIONS OF HIGHER EDUCATION.—There are 

authorized to be appropriated to carry out subsection (e)— 

ø(A) $3,000,000 for fiscal year 2008; 

ø(B) $5,500,000 for fiscal year 2009; and 

ø(C) $8,000,000 for fiscal year 2010.¿ 

SEC. 5006. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR 

SCIENCE, ENGINEERING, AND MATHEMATICS RESEARCHERS. 

(a) GRANT AWARDS.—The Director of the Office of Science of the 

Department (referred to in this section as the ‘‘Director’’) shall 

carry out a program to award grants to scientists and engineers at 

an early career stage at institutions of higher education and organizations described in subsection (c) to conduct research in fields 

relevant to the mission of the Department. 

(b) AMOUNT AND DURATION.— 

(1) AMOUNT.—The average amount of a grant awarded under 

this section for each year shall be— 

(A) not less than ø$80,000¿ $190,000; and 

(B) not more than ø$125,000¿ $490,000. 

(2) DURATION.—The term of a grant awarded under this section shall be not more than 5 years. 

(c) ELIGIBILITY.— 

(1) IN GENERAL.—To be eligible to receive a grant under this 

section, an individual shall, as determined by the Director— 

(A) subject to paragraph (2), have completed a doctorate 

or other terminal degree not more than 10 years before the 

date on which the proposal for a grant is submitted under 

subsection (e)(1); 


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(B) have demonstrated promise in a science, engineering, 

or mathematics field relevant to the missions of the Department; and 

(C) be employed— 

(i) in a tenure track-position as an øassistant professor or equivalent title¿ untenured assistant or associate professor at an institution of higher education in 

the United States; or 

ø(ii) at an organization in the United States that is 

a nonprofit, nondegree-granting research organization 

such as a museum, observatory, or research laboratory; or¿ 

ø(iii)¿(ii) as a scientist at a National Laboratory. 

(2) WAIVER.—Notwithstanding paragraph (1)(A), the Director 

may determine that an individual who has completed a doctorate more than 10 years before the date of submission of a 

proposal under subsection (e)(1) is eligible to receive a grant 

under this section if the individual was unable to conduct research for a period of time because of extenuating circumstances, including military service or family responsibilities, as determined by the Director. 

(d) SELECTION.—Grant recipients shall be selected øon a competitive, merit-reviewed basis¿ through a competitive process using 

merit-based peer review. 

ø(e) SELECTION PROCESS AND CRITERIA.— 

ø(1) PROPOSAL.—To be eligible¿ 

(e) SELECTION PROCESS AND CRITERIA.—To be eligible to receive 

a grant under this section, an individual shall submit to the Director a proposal at such time, in such manner, and containing such 

information as the Director may require. 

ø(2) EVALUATION.—In evaluating the proposals submitted 

under paragraph (1), the Director shall take into consideration, 

at a minimum— 

ø(A) the intellectual merit of the proposed project; 

ø(B) the innovative or transformative nature of the proposed research; 

ø(C) the extent to which the proposal integrates research 

and education, including undergraduate education in 

science and engineering disciplines; and 

ø(D) the potential of the applicant for leadership at the 

frontiers of knowledge.¿ 

(f) DIVERSITY REQUIREMENT.— 

(1) IN GENERAL.—In awarding grants under this section, the 

Director shall endeavor to ensure that the grant recipients represent a variety of types of institutions of higher education and 

ønonprofit, nondegree-granting research organizations¿ National Laboratories. 

(2) REQUIREMENT.—In support of the goal described in paragraph (1), the Director shall broadly disseminate information 

regarding the deadlines applicable to, and manner in which to 

submit, proposals for grants under this section, including by 

conducting outreach activities for— 

(A) part B institutions, as defined in section 322 of the 

Higher Education Act of 1965 (20 U.S.C. 1061); and 


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(B) minority institutions, as defined in section 365 of 

that Act (20 U.S.C. 1067k). 

(g) REPORT ON RECRUITING AND RETAINING EARLY CAREER

SCIENCE AND ENGINEERING RESEARCHERS AT NATIONAL LABORA- TORIES.— 

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Director shall submit to the Committee 

on Science and Technology of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 

a report describing efforts of the Director to recruit and retain 

young scientists and engineers at early career stages at the 

National Laboratories. 

(2) INCLUSIONS.—The report under paragraph (1) shall include— 

(A) a description of applicable Department and National 

Laboratory policies and procedures, including policies and 

procedures relating to financial incentives, awards, promotions, time reserved for independent research, access to 

equipment or facilities, and other forms of recognition, designed to attract and retain young scientists and engineers; 

(B) an evaluation of the impact of the incentives described in subparagraph (A) on— 

(i) the careers of young scientists and engineers at 

the National Laboratories; and 

(ii) the quality of the research at the National Laboratories and in Department programs; 

(C) a description of barriers, if any, that exist with respect to efforts to recruit and retain young scientists and 

engineers, including the limited availability of full-time 

equivalent positions, legal and procedural requirements, 

and pay grading systems; and 

(D) the amount of funding devoted to efforts to recruit 

and retain young researchers, and the source of the funds. 

ø(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary, acting through the Director, to 

carry out this section $25,000,000 for each of fiscal years 2008 

through 2013.¿ 

* * * * * * * 

øSEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION INSTITUTES. 

ø(a) IN GENERAL.—The Secretary shall establish distributed, 

multidisciplinary institutes (referred to in this section as ‘‘Institutes’’) centered at National Laboratories to apply fundamental 

science and engineering discoveries to technological innovations relating to— 

ø(1) the missions of the Department; and 

ø(2) the global competitiveness of the United States. 

ø(b) TOPICAL AREAS.—The Institutes shall support scientific and 

engineering research and education activities on critical emerging 

technologies determined by the Secretary to be essential to global 

competitiveness, including activities relating to— 

ø(1) sustainable energy technologies; 

ø(2) multiscale materials and processes; 


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ø(3) micro- and nano-engineering; 

ø(4) computational and information engineering; and 

ø(5) genomics and proteomics. 

ø(c) PARTNERSHIPS.—In carrying out this section, the Secretary 

shall establish partnerships between the Institutes and— 

ø(1) institutions of higher education— 

ø(A) to train undergraduate and graduate science and 

engineering students; 

ø(B) to develop innovative undergraduate and graduate 

educational curricula; and 

ø(C) to conduct research within the topical areas described in subsection (b); and 

ø(2) private industry to develop innovative technologies within the topical areas described in subsection (b). 

ø(d) GRANTS.— ø(1) IN GENERAL.—For each fiscal year, the Secretary may 

select not more than 3 Institutes to receive a grant under this 

section. 

ø(2) MERIT-BASED SELECTION.—The selection of Institutes 

under paragraph (1) shall be— 

ø(A) merit-based; and 

ø(B) made through an open, competitive selection process. 

ø(3) TERM.—An Institute shall receive a grant under this 

section for not more than 3 fiscal years. 

ø(e) REVIEW.—The Secretary shall offer to enter into an agreement with the National Academy of Sciences under which the 

Academy shall, by not later than 3 years after the date of enactment of this Act— 

ø(1) review the performance of the Institutes under this section; and 

ø(2) submit to Congress and the Secretary a report describing the results of the review. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to provide grants to each Institute selected under 

this section $10,000,000 for each of fiscal years 2008 through 

2010.¿ 

SEC. 5009. PROTECTING AMERICA’S COMPETITIVE EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM. 

(a) DEFINITION OF ELIGIBLE STUDENT.—In this section, the term 

‘‘eligible student’’ means a student who attends an institution of 

higher education that offers a doctoral degree in a field relevant to 

a mission area of the Department. 

(b) ESTABLISHMENT.—The Secretary shall establish a graduate 

fellowship program for eligible students pursuing a doctoral degree 

in a mission area of the Department. 

(c) SELECTION.— 

(1) IN GENERAL.—The Secretary shall award fellowships to 

eligible students under this section through a competitive 

merit review processø, involving written and oral interviews, 

that will result in a wide distribution of awards throughout the 

United States, as determined by the Secretary¿. 

(2) CRITERIA.—The Secretary shall establish selection criteria 

for awarding fellowships under this section that require an eligible student— 


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(A) to pursue a field of science or engineering of importance to a mission area of the Department; 

ø(B) to demonstrate to the Secretary— 

ø(i) the capacity of the eligible student to understand technical topics relating to the fellowship that 

can be derived from the first principles of the technical 

topics; 

ø(ii) imagination and creativity; 

ø(iii) leadership skills in organizations or intellectual endeavors, demonstrated through awards and 

past experience; and 

ø(iv) excellent verbal and communication skills to 

explain, defend, and demonstrate an understanding of 

technical subjects relating to the fellowship; and¿ 

(B) to demonstrate excellent academic performance and 

understanding of scientific or technical subjects; and 

(C) to be a citizen or legal permanent resident of the 

United States. 

(d) AWARDS.— 

(1) AMOUNT.—A fellowship awarded under this section 

shall— 

(A) provide an annual living stipend; and 

(B) cover— 

(i) full or partial graduate tuition at an institution 

of higher education described in subsection (a); and 

(ii) incidental expenses associated with curricula 

and research at the institution of higher education (including books, computers, and software). 

(2) DURATION.—A fellowship awarded under this section 

shall be up to 3 years duration within a 5-year period. 

(3) PORTABILITY.—A fellowship awarded under this section 

shall be portable with the eligible student. 

(e) ADMINISTRATION.—The Secretary, acting through the øDirector of Science, Engineering, and Mathematics Education¿ Director 

of the Office of Science— 

(1) shall administer the program established under this section; and 

(2) may enter into a contract with a nonprofit entity to administer the program, including the selection and award of fellowships. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

ø(1) $7,500,000 for fiscal year 2008; 

ø(2) $12,000,000 for fiscal year 2009, including nonexpiring 

fellowships for the preceding fiscal year; 

ø(3) $20,000,000 for fiscal year 2010, including nonexpiring 

fellowships for preceding fiscal years; 

ø(4) $20,600,000 for fiscal year 2011; 

ø(5) $21,200,000 for fiscal year 2012; and 

ø(6) $21,900,000 for fiscal year 2013.¿ 

* * * * * * * 


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SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM. 

(a) PURPOSE.—The purpose of this section is to promote scientific 

and academic excellence through collaborations between institutions of higher education and National Laboratories. 

(b) ESTABLISHMENT.—The Secretary shall establish a program to 

support the joint appointment of distinguished scientists by institutions of higher education and National Laboratories. 

(c) QUALIFICATIONS.—To be eligible for appointment as a distinguished scientist under this section, an individual, by reason of 

professional background and experience, shall be able to bring 

international recognition to the appointing institution of higher 

education or National Laboratory in the field of scientific endeavor 

of the individual. 

(d) SELECTION.—A distinguished scientist appointed under this 

section shall be selected through an open, competitive process. 

(e) APPOINTMENT.— 

(1) INSTITUTION OF HIGHER EDUCATION.—An appointment by 

an institution of higher education under this section shall be 

filled within the tenure allotment of the institution of higher 

education, at a minimum rank of professor. 

(2) NATIONAL LABORATORY.—An appointment by a National 

Laboratory under this section shall be at the rank of the highest grade of distinguished scientist or technical staff of the National Laboratory. 

(f) DURATION.—An appointment under this section shall— 

(1) be for a term of 6 years; and 

(2) consist of 2 3-year funding allotments. 

(g) USE OF FUNDS.—Funds made available under this section 

may be used for— 

(1) the salary of the distinguished scientist and support staff; 

(2) undergraduate, graduate, and post-doctoral appointments; 

(3) research-related equipment; 

(4) professional travel; and 

(5) such other requirements as the Secretary determines to 

be necessary to carry out the purpose of the program. 

(h) REVIEW.— 

(1) IN GENERAL.—The appointment of a distinguished scientist under this section shall be reviewed at the end of the 

first 3-year allotment for the distinguished scientist through an 

open peer-review process to determine whether the appointment is meeting the purpose of this section under subsection 

(a). 

(2) FUNDING.—Funding of the appointment of the distinguished scientist for the second 3-year allotment shall be determined based on the review conducted under paragraph (1). 

(i) COST SHARING.—To be eligible for assistance under this section, an appointing institution of higher education shall pay at 

least 50 percent of the total costs of the appointment. 

ø(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

ø(1) $15,000,000 for fiscal year 2008; 

ø(2) $20,000,000 for fiscal year 2009; 

ø(3) $ 30,000,000 for fiscal year 2010; 

ø(4) $31,000,000 for fiscal year 2011; 


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ø(5) $32,000,000 for fiscal year 2012; and 

ø(6) $33,000,000 for fiscal year 2013.¿ 

SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY—ENERGY. 

(a) DEFINITIONS.—In this section: 

(1) ARPA–E.—The term ‘‘ARPA–E’’ means the Advanced Research Projects Agency—Energy established by subsection (b). 

(2) DIRECTOR.—The term ‘‘Director’’ means the Director of 

ARPA–E appointed under subsection (d). 

(3) FUND.—The term ‘‘Fund’’ means the Energy Transformation Acceleration Fund established under øsubsection 

(n)(1)¿ subsection (o)(1). 

* * * * * * * 

(i) COORDINATION AND NONDUPLICATION.— 

ø(1) IN GENERAL.—To the maximum extent practicable, the 

Director shall ensure that the activities of ARPA–E are coordinated with, and do not duplicate the efforts of, programs and 

laboratories within the Department and other relevant research agencies.¿ 

(1) IN GENERAL.—To the maximum extent practicable, the Director shall ensure that— 

(A) the activities of ARPA–E are coordinated with, and 

do not duplicate the efforts of, programs and laboratories 

within the Department and other relevant research agencies; and 

(B) ARPA–E does not provide funding for a project unless 

the prospective grantee demonstrates sufficient attempts to 

secure private financing or indicates that the project is not 

independently commercially viable. 

(2) TECHNOLOGY TRANSFER COORDINATOR.—To the extent appropriate, the Director may coordinate technology transfer efforts with the Technology Transfer Coordinator appointed 

under section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 

16391). 

(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—The Director 

shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate energy technologies resulting from activities funded through ARPA–E. 

(k) ADVICE.— (1) ADVISORY COMMITTEES.—The Director may seek advice on 

any aspect of ARPA–E from— 

(A) an existing Department of Energy advisory committee; and 

(B) a new advisory committee organized to support the 

programs of ARPA–E and to provide advice and assistance 

on— 

(i) specific program tasks; or 

(ii) overall direction of ARPA–E. 

(2) ADDITIONAL SOURCES OF ADVICE.—In carrying out this 

section, the Director may seek advice and review from— 

(A) the President’s Committee of Advisors on Science 

and Technology; and 

(B) any professional or scientific organization with expertise in specific processes or technologies under development by ARPA–E. 


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(l) ARPA–E EVALUATION.— (1) IN GENERAL.—After ARPA–E has been in operation for 6 

years, the Secretary shall offer to enter into a contract with the 

National Academy of Sciences under which the National Academy shall conduct an evaluation of how well ARPA–E is 

achieving the goals and mission of ARPA–E. 

(2) INCLUSIONS.—The evaluation shall include— 

(A) the recommendation of the National Academy of 

Sciences on whether ARPA–E should be continued or terminated; and 

(B) a description of lessons learned from operation of 

ARPA–E, and the manner in which those lessons may 

apply to the operation of other programs of the Department. 

(3) AVAILABILITY.—On completion of the evaluation, the evaluation shall be made available to Congress and the public. 

(m) EXISTING AUTHORITIES.—The authorities granted by this section are— 

(1) in addition to existing authorities granted to the Secretary; and 

(2) are not intended to supersede or modify any existing authorities. 

(n) PROTECTION OF INFORMATION.—The following types of information collected by the ARPA–E from recipients of financial assistance awards shall be considered commercial and financial information obtained from a person and privileged or confidential and not 

subject to disclosure under section 552(b)(4) of title 5, United States 

Code: 

(1) Plans for commercialization of technologies developed 

under the award, including business plans, technology-to-market plans, market studies, and cost and performance models. 

(2) Investments provided to an awardee from third parties 

(such as venture capital firms, hedge funds, and private equity 

firms), including amounts and the percentage of ownership of 

the awardee provided in return for the investments. 

(3) Additional financial support that the awardee— 

(A) plans to or has invested into the technology developed 

under the award; or 

(B) is seeking from third parties. 

(4) Revenue from the licensing or sale of new products or 

services resulting from research conducted under the award. 

ø(n)¿(o) FUNDING.— 

(1) FUND.—There is established in the Treasury of the 

United States a fund, to be known as the ‘‘Energy Transformation Acceleration Fund’’, which shall be administered by 

the Director for the purposes of carrying out this section. 

(2) AUTHORIZATION OF APPROPRIATIONS.—Subject to øparagraphs (4) and (5)¿ paragraph (4), there are authorized to be 

appropriated to the Director for deposit in the Fund, without 

fiscal year limitation— (A) $300,000,000 for fiscal year 2008; 

(B) such sums as are necessary for each of fiscal years 

2009 and 2010; 

(C) $300,000,000 for fiscal year 2011; 

(D) $306,000,000 for fiscal year 2012; øand¿ 


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(E) $312,000,000 for fiscal year 2013ø.¿; 

(F) $291,200,000 for fiscal year 2016; 

(G) $303,600,000 for fiscal year 2017; 

(H) $314,700,000 for fiscal year 2018; 

(I) $327,300,000 for fiscal year 2019; and 

(J) $340,600,000 for fiscal year 2020. 

(3) SEPARATE BUDGET AND APPROPRIATION.— (A) BUDGET REQUEST.—The budget request for ARPA–E 

shall be separate from the rest of the budget of the Department. 

(B) APPROPRIATIONS.—Appropriations to the Fund shall 

be separate and distinct from the rest of the budget for the 

Department. 

(4) ALLOCATION.—Of the amounts appropriated for a fiscal 

year under paragraph (2)— 

(A) not more than 50 percent of the amount shall be 

used to carry out subsection (e)(3)(D); 

(B) at least 5 percent of the amount shall be used for 

technology transfer and outreach activities, consistent with 

the goal described in subsection ø(c)(2)(D)¿ (c)(2)(C) and 

within the responsibilities of program directors described 

in subsection (g)(2)(B)(vii); and 

(C) no funds may be used for construction of new buildings or facilities during the 5-year period beginning on the 

date of enactment of this Act. 

* * * * * * * 

DEPARTMENT OF ENERGY HIGH-END 

COMPUTING REVITALIZATION ACT OF 2004 

Public Law 108–423 

* * * * * * * 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ø‘‘Department of Energy High-End 

Computing Revitalization Act of 2004’’¿ Exascale Computing Act of 

2015. 

SEC. 2. DEFINITIONS. 

In this Act: 

ø(1) CENTER.—The term ‘‘Center’’ means a High-End Software Development Center established under section 3(d).¿ 

(1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Energy. 

(2) EXASCALE COMPUTING.—The term ‘‘exascale computing’’ 

means computing through the use of a computing machine that 

performs near or above 10 to the 18th power floating point operations per second. 

ø(2)¿(3) HIGH-END COMPUTING SYSTEM.—The term ‘‘high-end 

computing system’’ means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. 


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ø(3)¿(4) LEADERSHIP SYSTEM.—The term ‘‘Leadership System’’ means a high-end computing system that is among the 

most advanced in the world in terms of performance in solving 

scientific and engineering problems. 

ø(4)¿(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

ø(5)¿(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energyø, acting through the Director of the Office of 

Science of the Department of Energy¿. 

SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH 

AND DEVELOPMENT PROGRAM. 

(a) IN GENERAL.—The Secretary shall— 

(1) carry out a øprogram¿ coordinated program across the 

Department of research and development (including development of software and hardware) to advance high-end computing systems; and 

(2) develop and deploy high-end computing systems for advanced scientific and engineering applications. 

(b) PROGRAM.—The program shall— 

(1) support both individual investigators and multidisciplinary teams of investigators; 

(2) conduct research in multiple architecturesø, which may 

include vector, reconfigurable logic, streaming, processor-inmemory, and multithreading architectures¿; 

(3) conduct research on software for high-end computing systems, including research on algorithms, programming environments, tools, languages, and operating systems for high-end 

computing systems, in collaboration with architecture development efforts; 

(4) provide for sustained access by the research community 

in the United States to high-end computing systems and to 

Leadership Systems, including provision of technical support 

for users of such systems; 

(5) support technology transfer to the private sector and others in accordance with applicable law; and 

(6) ensure that the high-end computing activities of the Department of Energy are coordinated with relevant activities in 

industry and with other Federal agencies, including the National Science Foundation, the Defense Advanced Research 

Projects Agency, the National Nuclear Security Administration, 

the National Security Agency, the National Institutes of 

Health, the National Aeronautics and Space Administration, 

the National Oceanic and Atmospheric Administration, the National Institutes of Standards and Technology, and the Environmental Protection Agency. 

(c) LEADERSHIP SYSTEMS FACILITIES.— 

(1) IN GENERAL.—As part of the program carried out under 

this Act, the Secretary shall establish and operate 1 or more 

Leadership Systems facilities to— 

(A) conduct advanced scientific and engineering research 

and development using Leadership Systems; and 

(B) develop potential advancements in high-end computing system hardware and software. 


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(2) ADMINISTRATION.—In carrying out this subsection, the 

Secretary shall provide to Leadership Systems, on a competitive, merit-reviewed basis, access to researchers in United 

States industry, institutions of higher education, national laboratories, and other Federal agencies. 

ø(d) HIGH-END SOFTWARE DEVELOPMENT CENTER.— ø(1) IN GENERAL.—As part of the program carried out under 

this Act, the Secretary shall establish at least 1 High-End Software Development Center. 

ø(2) DUTIES.—A Center shall concentrate efforts to develop, 

test, maintain, and support optimal algorithms, programming 

environments, tools, languages, and operating systems for 

high-end computing systems. 

ø(3) PROPOSALS.—In soliciting proposals for the Center, the 

Secretary shall encourage staffing arrangements that include 

both permanent staff and a rotating staff of researchers from 

other institutions and industry to assist in coordination of research efforts and promote technology transfer to the private 

sector. 

ø(4) USE OF EXPERTISE.—The Secretary shall use the expertise of a Center to assess research and development in highend computing system architecture. 

ø(5) SELECTION.—The selection of a Center shall be determined by a competitive proposal process administered by the 

Secretary.¿ 

(d) EXASCALE COMPUTING PROGRAM.— (1) IN GENERAL.—The Secretary shall conduct a research program (referred to in this subsection as the ‘Program’) to develop 

2 or more exascale computing machine architectures to promote 

the missions of the Department. 

(2) IMPLEMENTATION.— (A) IN GENERAL.—In carrying out the Program, the Secretary shall— 

(i) establish 2 or more National Laboratory partnerships with industry partners and institutions of higher 

education for the research and development of 2 or 

more exascale computing architectures across all applicable organizations of the Department; and 

(ii) provide, as appropriate, on a competitive, meritreviewed basis, access for researchers in industries in 

the United States, institutions of higher education, National Laboratories, and other Federal agencies to the 

exascale computing systems developed pursuant to 

clause (i). 

(B) SELECTION OF PARTNERS.—The Secretary shall select 

members for the partnerships with the computing facilities 

of the Department under subparagraph (A) through a competitive, peer-review process. 

(3) CODESIGN AND APPLICATION DEVELOPMENT.— (A) IN GENERAL.—The Secretary shall carry out the Program through an integration of applications, computer 

science, applied mathematics, and computer hardware architecture using the partnerships established pursuant to 

paragraph (2) to ensure that, to the maximum extent practicable, 2 or more exascale computing machine architecVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00048 Fmt 6659 Sfmt 6603 E:\HR\OC\SR138.XXX SR138

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tures are capable of solving Department target applications 

and broader scientific problems. 

(B) REPORT.—The Secretary shall submit to Congress a 

report on how the integration under subparagraph (A) is 

furthering application science data and computational 

workloads across application interests, including national 

security, material science, physical science, cybersecurity, 

biological science, the Materials Genome and BRAIN Initiatives of the President, advanced manufacturing, and the 

national electric grid. 

(4) PROJECT REVIEW.— (A) IN GENERAL.—The exascale architectures developed 

pursuant to partnerships established pursuant to paragraph (2) shall be reviewed through a project review process. 

(B) REPORT.—Not later than 90 days after the date of enactment of this subsection, the Secretary shall submit to 

Congress a report on— 

(i) the results of the review conducted under subparagraph (A); and 

(ii) the coordination and management of the Program to ensure an integrated research program across 

the Department. 

(5) ANNUAL REPORTS.—At the time of the budget submission 

of the Department for each fiscal year, the Secretary, in consultation with the members of the partnerships established pursuant to paragraph (2), shall submit to Congress a report that 

describes funding for the Program as a whole by functional element of the Department and critical milestones. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

In addition to amounts otherwise made available for high-end 

computing, there are authorized to be appropriated to the Secretary to carry out øthis Act¿ section 3(d)— 

ø(1) $50,000,000 for fiscal year 2005; 

ø(2) $55,000,000 for fiscal year 2006; and 

ø(3) $60,000,000 for fiscal year 2007.¿ 

(1) $272,000,000 for fiscal year 2016; 

(2) $340,000,000 for fiscal year 2017; and 

(3) $360,000,000 for fiscal year 2018. 

* * * * * * * 

DEPARTMENT OF ENERGY ORGANIZATION 

ACT 

Public Law 95–91, as amended 

* * * * * * * 

TABLE OF CONTENTS 

* * * * * * * 

TITLE VIII—ENERGY PLANNING 

øSec. 801. National energy policy plan.¿ 

Sec. 801. Quadrennial Energy Review. 


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Sec. 802. Congressional review. 

* * * * * * * 

PRINCIPAL OFFICERS 

SEC. 202. (a) There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the 

advice and consent of the Senate, and who shall be compensated 

at the rate provided for level II of the Executive Schedule under 

section 5313 of title 5, United States Code. The Deputy Secretary 

shall act for and exercise the functions of the Secretary during the 

absence or disability of the Secretary or in the event the office of 

Secretary becomes vacant. The Secretary shall designate the order 

in which the Under Secretary and other officials shall act for and 

perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event 

of vacancies in both of those offices. 

(b)(1) There shall be in the Department an Under Secretary øfor 

Science¿ for Science and Energy (referred to in this subsection as 

the ‘‘Under Secretary’’), who shall be appointed by the President, by 

and with the advice and consent of the Senate. 

(2) The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of 

title 5, United States Code. 

(3) The Under Secretary øfor Science¿ shall be appointed from 

among persons who— 

(A) have extensive background in scientific or engineering 

fields; and 

(B) are well qualified to manage the civilian research and development programs of the Department. 

(4) The Under Secretary øfor Science¿ shall— 

(A) serve as the Science and Technology Advisor to the Secretary; 

(B) monitor the research and development programs of the 

Department in order to advise the Secretary with respect to 

any undesirable duplication or gaps in the programs; 

(C) advise the Secretary with respect to the well-being and 

management of the multipurpose laboratories under the jurisdiction of the Department; 

(D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic 

and applied research activities of the Department; 

(E) advise the Secretary with respect to grants and other 

forms of financial assistance required for effective short- and 

long-term basic and applied research activities of the Department; 

(F) advise the Secretary with respect to long-term planning, 

coordination, and development of a strategic framework for Department research and development activities; øand¿ 

(G) carry out such additional duties assigned to the Under 

Secretary by the Secretary relating to basic and applied research, including supervision or support of research activities 

carried out by any of the Assistant Secretaries designated by 

section 203 of this Act, as the Secretary considers 

advantageousø.¿; 


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(H) establish appropriate linkages between offices under the 

jurisdiction of the Under Secretary; and 

(I) perform such functions and duties as the Secretary shall 

prescribe, consistent with this section. 

* * * * * * * 

ENERGY INFORMATION ADMINISTRATION 

SEC. 205. (a)(1) There shall be within the Department an Energy 

Information Administration headed by an Administrator who shall 

be appointed by the President, by and with the advice and consent 

of the Senate, and who shall be compensated at the rate provided 

for in level IV of the Executive Schedule under section 5315 of title 

5, United States Code. The Administrator shall be a person who, 

by reason of professional background and experience, is specially 

qualified to manage an energy information system. 

* * * * * * * 

(n) COLLECTION OF INFORMATION ON CRITICAL ENERGY SUP- PLIES.— 

(1) IN GENERAL.—To ensure transparency of information relating to energy infrastructure and product ownership in the 

United States and improve the ability to evaluate the energy security of the United States, the Administrator, in consultation 

with other Federal agencies (as necessary), shall— 

(A) not later than 120 days after the date of enactment 

of this subsection, develop and provide notice of a plan to 

collect, in cooperation with the Commodity Futures Trade 

Commission, information identifying all oil inventories, 

and other physical oil assets (including all petroleum-based 

products and the storage of such products in off-shore tankers), that are owned by the 50 largest traders of oil contracts (including derivative contracts), as determined by the 

Commodity Futures Trade Commission; and 

(B) not later than 90 days after the date on which notice 

is provided under subparagraph (A), implement the plan 

described in that subparagraph. 

(2) INFORMATION.—The plan required under paragraph (1) 

shall include a description of the plan of the Administrator for 

collecting company-specific data, including— 

(A) volumes of product under ownership; and 

(B) storage and transportation capacity (including owned 

and leased capacity). 

(3) PROTECTION OF PROPRIETARY INFORMATION.—Section 12(f) 

of the Federal Energy Administration Act of 1974 (15 U.S.C. 

771(f)) shall apply to information collected under this subsection. 

(o) COLLECTION OF INFORMATION ON STORAGE CAPACITY FOR OIL

AND NATURAL GAS.— (1) IN GENERAL.—Not later than 90 days after the date of enactment of this subsection, the Administrator of the Energy Information Administration shall collect information quantifying 

the commercial storage capacity for oil and natural gas in the 

United States. 

(2) UPDATES.—The Administrator shall update annually the 

information required under paragraph (1). 


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(3) PROTECTION OF PROPRIETARY INFORMATION.—Section 12(f) 

of the Federal Energy Administration Act of 1974 (15 U.S.C. 

771(f)) shall apply to information collected under this subsection. 

(p) FINANCIAL MARKET ANALYSIS OFFICE.— (1) ESTABLISHMENT.—There shall be within the Energy Information Administration a Financial Market Analysis Office. 

(2) DUTIES.—The Office shall— 

(A) be responsible for analysis of the financial aspects of 

energy markets; 

(B) review the reports required by section 4503(c) of the 

Energy Policy Modernization Act of 2015 in advance of the 

submission of the reports to Congress; and 

(C) not later than 1 year after the date of enactment of 

this subsection— 

(i) make recommendations to the Administrator of 

the Energy Information Administration that identify 

and quantify any additional resources that are required to improve the ability of the Energy Information 

Administration to more fully integrate financial market information into the analyses and forecasts of the 

Energy Information Administration, including the role 

of energy futures contracts, energy commodity swaps, 

and derivatives in price formation for oil; 

(ii) conduct a review of implications of policy 

changes (including changes in export or import policies) and changes in how crude oil and refined petroleum products are transported with respect to price formation of crude oil and refined petroleum products; 

and 

(iii) notify the Committee on Energy and Natural Resources, and the Committee on Appropriations, of the 

Senate and the Committee on Energy and Commerce, 

and the Committee on Appropriations, of the House of 

Representatives of the recommendations described in 

clause (i). 

(3) ANALYSES.—The Administrator of the Energy Information 

Administration shall take analyses by the Office into account in 

conducting analyses and forecasting of energy prices. 

* * * * * * * 

SUBPENA 

SEC. 645. For the purpose of carrying out the provisions of this 

Act, the Secretary, or his duly authorized agent or agents, shall 

have the same powers and authorities as the Federal Trade Commission under section 9 of the Federal Trade Commission Act with 

respect to all functions vested in, or transferred or delegated to, the 

Secretary or such agents by this Act. For purposes of carrying out 

its responsibilities under the Natural Gas Policy Act of 1978 (15 

U.S.C. 3301 et seq.) and the Natural Gas Act (15 U.S.C. 717 et 

seq.), the Commission shall have the same powers and authority as 

the Secretary has under this section. 

* * * * * * * 


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TITLE VIII—ENERGY PLANNING 

NATIONAL ENERGY POLICY PLAN 

øSEC. 801. (a) The President shall— 

ø(1) prepare and submit to the Congress a proposed National 

Energy Policy Plan (hereinafter in this title referred to as a 

‘‘proposed Plan’’) as provided in subsection (b); 

ø(2) seek the active participation by regional, State, and local 

agencies and instrumentalities and the private sector through 

public hearings in cities and rural communities and other appropriate means to insure that the views and proposals of all 

segments of the economy are taken into account in the formulation and review of such proposed Plan; 

ø(3) include within the proposed Plan a comprehensive summary of data pertaining to all fuel and energy needs of persons 

residing in— 

ø(A) areas outside standard metropolitan statistical 

areas; and 

ø(B) areas within standard metropolitan statistical areas 

which are unincorporated or are specified by the Bureau of 

the Census, Department of Commerce, as rural areas. 

ø(b) Not later than April 1, 1979, and biennially thereafter, the 

President shall transmit to the Congress the proposed Plan. Such 

proposed Plan shall— 

ø(1) consider and establish energy production, utilization, 

and conservation objectives, for periods of five and ten years, 

necessary to satisfy projected energy needs of the United 

States to meet the requirements of the general welfare of the 

people of the United States and the commercial and industrial 

life of the Nation, paying particular attention to the needs for 

full employment, price stability, energy security, economic 

growth, environmental protection, nuclear non-proliferation, 

special regional needs, and the efficient utilization of public 

and private resources; 

ø(2) identify the strategies that should be followed and the 

resources that should be committed to achieve such objectives, 

forecasting the level of production and investment necessary in 

each of the significant energy supply sectors and the level of 

conservation and investment necessary in each consuming sector, and outlining the appropriate policies and actions of the 

Federal Government that will maximize the private production 

and investment necessary in each of the significant energy supply sectors consistent with applicable Federal, State, and local 

environmental laws, standards, and requirements; and 

ø(3) recommend legislative and administrative actions necessary and desirable to achieve the objectives of such proposed 

Plan, including legislative recommendations with respect to 

taxes or tax incentives, Federal funding, regulatory actions, 

antitrust policy, foreign policy, and international trade. 

ø(c) The President shall submit to the Congress with the proposed Plan a report which shall include— 

ø(1) whatever data and analysis are necessary to support the 

objectives, resource needs, and policy recommendations contained in such proposed Plan; 


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54 

ø(2) an estimate of the domestic and foreign energy supplies 

on which the United States will be expected to rely to meet 

projected energy needs in an economic manner consistent with 

the need to protect the environment, conserve natural resources, and implement foreign policy objectives; 

ø(3) an evaluation of current and foreseeable trends in the 

price, quality, management, and utilization of energy resources 

and the effects of those trends on the social, environmental, 

economic, and other requirements of the Nation; 

ø(4) a summary of research and development efforts funded 

by the Federal Government to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to otherwise protect environmental quality, including 

recommendations for developing technologies to accomplish 

such purposes; and 

ø(5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal, State, 

and local governments and nongovernmental entities to 

achieve the purposes of the Plan. 

ø(d) The President shall insure that consumers, small businesses, 

and a wide range of other interests, including those of individual 

citizens who have no financial interest in the energy industry, are 

consulted in the development of the Plan.¿ 

SEC. 801. QUADRENNIAL ENERGY REVIEW. 

(a) QUADRENNIAL ENERGY REVIEW TASK FORCE.— 

(1) ESTABLISHMENT.—The President shall establish a Quadrennial Energy Review Task Force (referred to in this section as 

the ‘‘Task Force’’) to coordinate the Quadrennial Energy Review. 

(2) COCHAIRPERSONS.—The President shall designate appropriate senior Federal Government officials to be cochairpersons 

of the Task Force. 

(3) MEMBERSHIP.—The Task Force may be comprised of representatives at level I or II of the Executive Schedule of— 

(A) the Department of Energy; 

(B) the Department of Commerce; 

(C) the Department of Defense; 

(D) the Department of State; 

(E) the Department of the Interior; 

(F) the Department of Agriculture; 

(G) the Department of the Treasury; 

(H) the Department of Transportation; 

(I) the Department of Homeland Security; 

(J) the Office of Management and Budget; 

(K) the National Science Foundation; 

(L) the Environmental Protection Agency; and 

(M) such other Federal agencies, and entities within the 

Executive Office of the President, as the President considers 

to be appropriate. 

(b) CONDUCT OF REVIEW.— 

(1) IN GENERAL.—Each Quadrennial Energy Review shall be 

conducted to— 

(A) provide an integrated view of important national energy objectives and Federal energy policy; and 


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(B) identify the maximum practicable alignment of research programs, incentives, regulations, and partnerships. 

(2) ELEMENTS.—A Quadrennial Energy Review shall— 

(A) establish integrated, governmentwide national energy 

objectives in the context of economic, environmental, and security priorities; 

(B) recommend coordinated actions across Federal agencies; 

(C) assess and recommend priorities for research, development, and demonstration; 

(D) provide a strong analytical base for Federal energy 

policy decisions; 

(E) consider reasonable estimates of future Federal budgetary resources when making recommendations; and 

(F) be conducted with substantial input from— 

(i) Congress; 

(ii) the energy industry; 

(iii) academia; 

(iv) State, local, and tribal governments; 

(v) nongovernmental organizations; and 

(vi) the public. 

(c) SUBMISSION OF QUADRENNIAL ENERGY REVIEW TO CONGRESS.— 

(1) IN GENERAL.—The President— 

(A) shall publish and submit to Congress a report on the 

Quadrennial Energy Review once every 4 years; and 

(B) more frequently than once every 4 years, as the President determines to be appropriate, may prepare and publish interim reports as part of the Quadrennial Energy Review. 

(2) INCLUSIONS.—The reports described in paragraph (1) 

shall address or consider, as appropriate— 

(A) an integrated view of short-term, intermediate-term, 

and long-term objectives for Federal energy policy in the 

context of economic, environmental, and security priorities; 

(B) potential executive actions (including programmatic, 

regulatory, and fiscal actions) and resource requirements— 

(i) to achieve the objectives described in subparagraph (A); and 

(ii) to be coordinated across multiple agencies; 

(C) analysis of the existing and prospective roles of parties (including academia, industry, consumers, the public, 

and Federal agencies) in achieving the objectives described 

in subparagraph (A), including— 

(i) an analysis by energy use sector, including— 

(I) commercial and residential buildings; 

(II) the industrial sector; 

(III) transportation; and 

(IV) electric power; 

(ii) requirements for invention, adoption, development, and diffusion of energy technologies as they relate to each of the energy use sectors; and 

(iii) other research that informs strategies to 

incentivize desired actions; 


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(D) assessment of policy options to increase domestic energy supplies and energy efficiency; 

(E) evaluation of national and regional energy storage, 

transmission, and distribution requirements, including requirements for renewable energy; 

(F) portfolio assessments that describe the optimal deployment of resources, including prioritizing financial resources for energy-relevant programs; 

(G) mapping of the linkages among basic research and 

applied programs, demonstration programs, and other innovation mechanisms across the Federal agencies; 

(H) identification of demonstration projects; 

(I) identification of public and private funding needs for 

various energy technologies, systems, and infrastructure, including consideration of public-private partnerships, loans, 

and loan guarantees; 

(J) assessment of global competitors and an identification 

of programs that can be enhanced with international cooperation; 

(K) identification of policy gaps that need to be filled to 

accelerate the adoption and diffusion of energy technologies, including consideration of— 

(i) Federal tax policies; and 

(ii) the role of Federal agencies as early adopters and 

purchasers of new energy technologies; 

(L) priority listing for implementation of objectives and 

actions taking into account estimated Federal budgetary resources; 

(M) analysis of— 

(i) points of maximum leverage for policy intervention to achieve outcomes; and 

(ii) areas of energy policy that can be most effective 

in meeting national goals for the energy sector; and 

(N) recommendations for executive branch organization 

changes to facilitate the development and implementation 

of Federal energy policies. 

(d) REPORT DEVELOPMENT.—The Secretary of Energy shall provide such support for the Quadrennial Energy Review with the necessary analytical, financial, and administrative support for the conduct of each Quadrennial Energy Review required under this section as may be requested by the cochairpersons designated under 

subsection (a)(2). 

(e) COOPERATION.—The heads of applicable Federal agencies shall 

cooperate with the Secretary and provide such assistance, information, and resources as the Secretary may require to assist in carrying out this section. 

* * * * * * * 

DEPARTMENT OF ENERGY SCIENCE 

EDUCATION ENHANCEMENT ACT 

Part E of Title XXXI of Public Law 101–510 

* * * * * * * 


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SEC. 3164. SCIENCE EDUCATION PROGRAMS. 

(a) PROGRAMS.—The Secretary is authorized to establish programs to enhance the quality of mathematics, science, and engineering education. Any such programs shall be operated at or 

through the support of Department research and development facilities, shall use the scientific resources of the Department, and 

shall be consistent with the overall Federal plan for education and 

human resources in science and technology developed by the Federal Coordinating Council for Science, Engineering, and Technology. 

(b) ORGANIZATION OF SCIENCE, ENGINEERING, AND MATHEMATICS

EDUCATION PROGRAMS.— ø(1) DIRECTOR OF SCIENCE, ENGINEERING, AND MATHEMATICS

EDUCATION.—Notwithstanding any other provision of law, the 

Secretary, acting through the Under Secretary for Science (referred to in this subsection as the ‘‘Under Secretary’’), shall appoint a Director of Science, Engineering, and Mathematics 

Education (referred to in this subsection as the ‘‘Director’’) with 

the principal responsibility for administering science, engineering, and mathematics education programs across all functions 

of the Department. 

ø(2) QUALIFICATIONS.—The Director shall be an individual, 

who by reason of professional background and experience, is 

specially qualified to advise the Under Secretary on all matters 

pertaining to science, engineering, and mathematics education 

at the Department.¿ 

(1) IN GENERAL.—The Director of the Office of Science (referred to in this subsection as the ‘‘Director’’) shall provide for 

appropriate coordination of science, technology, engineering, 

and mathematics education programs across all functions of the 

Department. 

(2) ADMINISTRATION.—In carrying out paragraph (1), the Director shall— 

(A) consult with— 

(i) the Assistant Secretary of Energy with responsibility for energy efficiency and renewable energy programs; and 

(ii) the Deputy Administrator for Defense Programs 

of the National Nuclear Security Administration; and 

(B) seek to increase the participation and advancement of 

women and underrepresented minorities at every level of 

science, technology, engineering, and mathematics education. 

(3) DUTIES.—The Director shall— 

(A) oversee all science, engineering, and mathematics 

education programs of the Department; 

(B) represent the Department as the principal interagency liaison for all science, engineering, and mathematics education programs, unless otherwise represented 

by the Secretary or the Under Secretary; 

(C) prepare the annual budget and advise the Under 

Secretary on all budgetary issues for science, engineering, 

and mathematics education programs of the Department; 

(D) increase, to the maximum extent practicable, the 

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resented minorities at every level of science, technology, 

engineering, and mathematics education; øand¿ 

(E) represent the Department as the principal interagency 

liaison for all coordination activities under the President 

for science, technology, engineering, and mathematics education programs; and 

ø(E)¿(F) perform other such matters relating to science, 

engineering, and mathematics education as are required 

by the Secretary or the Under Secretary. 

(4) STAFF AND OTHER RESOURCES.—The Secretary shall assign to the Director such personnel and other resources as the 

Secretary considers necessary to permit the Director to carry 

out the duties of the Director. 

(5) ASSESSMENT.— 

(A) IN GENERAL.—The Secretary shall offer to enter into 

a contract with the National Academy of Sciences under 

which the National Academy, not later than 5 years after, 

and not later than 10 years after, the date of enactment 

of this paragraph, shall assess the performance of the 

science, engineering, and mathematics education programs 

of the Department. 

(B) CONSIDERATIONS.—An assessment under this paragraph shall be conducted taking into consideration, where 

applicable, the effect of science, engineering, and mathematics education programs of the Department on student 

academic achievement in science and mathematics. 

(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry 

out this subsection. 

(c) RELATIONSHIP TO OTHER DEPARTMENT ACTIVITIES.—The programs described in subsection (a) shall supplement and be coordinated with current activities of the Department, but shall not supplant them. 

(d) SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION

FUND.—øThe Secretary¿ 

(1) IN GENERAL.—The Secretary shall establish a Science, Engineering, and Mathematics Education Fund, using not less 

than 0.3 percent of the amount made available to the Department for research, development, demonstration, and commercial application for each fiscal year, to carry out sections 3165, 

3166, and 3167. 

(2) REPORT.—Not later than 180 days after the date of enactment of this subparagraph, the Director shall submit a report 

describing the impact of the activities assisted with the Fund 

established under paragraph (1) to— 

(A) the Committee on Science, Space, and Technology of 

the House of Representatives; and 

(B) the Committee on Energy and Natural Resources of 

the Senate. 

(e) ANNUAL PLAN FOR ALLOCATION OF EDUCATION FUNDING.— 

The Secretary shall submit to Congress as part of the annual budget submission for a fiscal year a report describing the manner in 

which the Department has complied with subsection (d) for the 

prior fiscal year and the manner in which the Department proposes 


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to comply with subsection (d) during the following fiscal year, including— 

(1) the total amount of funding for research, development, 

demonstration, and commercial application activities for the 

corresponding fiscal year; 

(2) the amounts set aside for the Science, Engineering, and 

Mathematics Education Fund under subsection (d) from funding for research activities, development activities, demonstration activities, and commercial application activities for the 

corresponding fiscal year; and 

(3) a description of how the funds set aside under subsection 

(d) were allocated for the prior fiscal year and will be allocated 

for the following fiscal year. 

(f) PROGRAMS FOR STUDENTS FROM UNDER-REPRESENTED

GROUPS.—In carrying out a program under subsection (a), the Secretary shall give priority to activities that are designed to encourage students from under-represented groups to pursue scientific 

and technical careers. 

* * * * * * * 

øSEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN 

SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. 

ø(a) DEFINITION OF HIGH-NEED PUBLIC SECONDARY SCHOOL.—In 

this section, the term ‘‘high-need public secondary school’’ means a 

secondary school— 

ø(1) with a high concentration of low-income individuals (as 

defined in section 1707 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6537)); or 

ø(2) designated with a school locale code of 41, 42, or 43, as 

determined by the Secretary of Education. 

ø(b) ESTABLISHMENT.—The Secretary shall establish at each of 

the National Laboratories a program to support a Center of Excellence in Science, Technology, Engineering, and Mathematics (referred to in this section as a ‘‘Center of Excellence’’) in at least 1 

high-need public secondary school located in the region served by 

the National Laboratory to provide assistance in accordance with 

subsection (f). 

ø(c) COLLABORATION.— 

ø(1) IN GENERAL.—To comply with subsection (g), each highneed public secondary school selected as a Center of Excellence 

and the National Laboratory shall form a partnership with a 

school, department, or program of education at an institution 

of higher education. 

ø(2) NONPROFIT ENTITIES.—The partnership may include a 

nonprofit entity with demonstrated experience and effectiveness in science or mathematics, as agreed to by other members 

of the partnership. 

ø(d) SELECTION.— 

ø(1) IN GENERAL.—The Secretary, acting through the Director, shall establish criteria to guide the National Laboratories 

in selecting the sites for Centers of Excellence. 

ø(2) PROCESS.—A National Laboratory shall select a site for 

a Center of Excellence through an open, widely-publicized, and 

competitive process. 


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ø(e) GOALS.—The Secretary shall establish goals and performance assessments for each Center of Excellence authorized under 

subsection (b). 

ø(f) ASSISTANCE.—Consistent with sections 3165 and 3166, the 

Director shall make available necessary assistance for a program 

established under this section through the use of scientific and engineering staff of a National Laboratory, including the use of 

staff— 

ø(1) to assist teachers in teaching a course at a Center of Excellence in Science, Technology, Engineering, and Mathematics; and 

ø(2) to use National Laboratory scientific equipment in the 

teaching of the course. 

ø(g) SPECIAL RULES.—A Center of Excellence in a region shall ensure— 

ø(1) provision of clinical practicum, student teaching, or internship experiences for science, technology, and mathematics 

teacher candidates as part of the teacher preparation program 

of the Center of Excellence; 

ø(2) provision of supervision and mentoring for teacher candidates in the teacher preparation program; and 

ø(3) to the maximum extent practicable, provision of professional development for veteran teachers in the public secondary schools in the region. 

ø(h) EVALUATION.—The Secretary shall consider the results of 

performance assessments required under subsection (e) in determining the contract award fee of a National Laboratory management and operations contractor. 

ø(i) PLAN.—The Director shall— 

ø(1) develop an evaluation and accountability plan for the activities funded under this section that objectively measures the 

impact of the activities; and 

ø(2) disseminate information obtained from those measurements. 

ø(j) NO EFFECT ON SIMILAR PROGRAMS.—Nothing in this section 

displaces or otherwise affects any similar program being carried 

out as of the date of enactment of this section at any National Laboratory under any other provision of law.¿ 

* * * * * * * 

øSEC. 3185. SUMMER INSTITUTES. 

ø(a) DEFINITIONS.—In this section: 

ø(1) ELIGIBLE PARTNER.—The term ‘‘eligible partner’’ 

means— 

ø(A) the science, engineering, or mathematics department at an institution of higher education, acting in coordination with a school, department, or program of education at an institution of higher education that provides 

training for teachers and principals; or 

ø(B) a nonprofit entity with expertise in providing professional development for science, technology, engineering, 

or mathematics teachers. 

ø(2) SUMMER INSTITUTE.—The term ‘‘summer institute’’ 

means an institute, operated during the summer, that— 


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ø(A) is hosted by a National Laboratory or an eligible 

partner; 

ø(B) is operated for a period of not less than 2 weeks; 

ø(C) includes, as a component, a program that provides 

direct interaction between students and faculty, including 

personnel of 1 or more National Laboratories who have scientific expertise; 

ø(D) provides for follow-up training, during the academic 

year, that is conducted in the classroom; and 

ø(E) provides hands-on science, technology, engineering, 

or mathematics laboratory experience for not less than 2 

days. 

ø(b) SUMMER INSTITUTE PROGRAMS AUTHORIZED.— 

ø(1) PROGRAMS AT THE NATIONAL LABORATORIES.—The Secretary, acting through the Director, shall establish or expand 

programs of summer institutes at each of the National Laboratories to provide additional training to strengthen the science, 

technology, engineering, and mathematics teaching skills of 

teachers employed at public schools for kindergarten through 

grade 12, in accordance with the activities authorized under 

paragraphs (3) and (4). 

ø(2) PROGRAMS WITH ELIGIBLE PARTNERS.— 

ø(A) IN GENERAL.—The Secretary, acting through the Director, shall identify and provide assistance as described in 

subparagraph (C) to eligible partners to establish or expand programs of summer institutes that provide additional training to strengthen the science, technology, engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten through grade 12, 

in accordance with paragraphs (3) and (4). 

ø(B) SELECTION CRITERIA.—In identifying eligible partners under subparagraph (A), the Secretary shall require 

that partner institutions describe— 

ø(i) how the partner institution has the capability to 

administer the program in accordance with this section, which may include a description of any existing 

programs at the institution of the applicant that are 

targeted at education of science and mathematics 

teachers and the number of teachers graduated annually from the programs; and 

ø(ii) how the partner institution will assist the National Laboratory in carrying out the activities described in paragraphs (3) and (4). 

ø(C) ASSISTANCE.—Consistent with sections 3165 and 

3166, the Director shall make available funds authorized 

under this section to carry out a program using scientific 

and engineering staff of the National Laboratories, during 

which the staff— 

ø(i) assists in providing training to teachers at summer institutes; and 

ø(ii) uses National Laboratory scientific equipment 

in the training. 

ø(3) REQUIRED ACTIVITIES.—Funds authorized under this section shall be used for— 


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ø(A) creating opportunities for enhanced and ongoing 

professional development for teachers that improves the 

science, technology, engineering, and mathematics content 

knowledge of the teachers; 

ø(B) training to improve the ability of science, technology, engineering, and mathematics teachers to translate 

content knowledge and recent developments in pedagogy 

into classroom practice, including training to use curricula 

that are— 

ø(i) based on scientific research; and 

ø(ii) aligned with challenging State academic content standards; 

ø(C) training on the use and integration of technology in 

the classrooms; and 

ø(D) supplemental and follow-up professional development activities as described in subsection (a)(2)(D). 

ø(4) ADDITIONAL USES OF FUNDS.—Funds authorized under 

this section may be used for— 

ø(A) training and classroom materials to assist in carrying out paragraph (3); 

ø(B) expenses associated with scientific and engineering 

staff at the National Laboratories assisting in providing 

training to teachers at summer institutes; 

ø(C) instruction in the use and integration of data and 

assessments to inform and instruct classroom practice; and 

ø(D) stipends and travel expenses for teachers participating in the program. 

ø(c) PRIORITY.—To the maximum extent practicable, the Director 

shall ensure that each summer institute program authorized under 

subsection (b) provides training to— 

ø(1) teachers from a wide range of school districts; 

ø(2) teachers from high-need school districts; and 

ø(3) teachers from groups underrepresented in the fields of 

science, technology, engineering, and mathematics teaching, including women and members of minority groups. 

ø(d) COORDINATION AND CONSULTATION.—The Director shall consult and coordinate with the Secretary of Education and the Director of the National Science Foundation regarding the implementation of the programs authorized under subsection (b). 

ø(e) EVALUATION AND ACCOUNTABILITY PLAN.— 

ø(1) IN GENERAL.—The Director shall develop an evaluation 

and accountability plan for the activities funded under this section that measures the impact of the activities. 

ø(2) CONTENTS.—The evaluation and accountability plan 

shall include— 

ø(A) measurable objectives to increase the number of 

science, technology, and mathematics teachers who participate in the summer institutes involved; and 

ø(B) measurable objectives for improved student academic achievement on State science, mathematics, and to 

the maximum extent applicable, technology and engineering assessments. 

ø(3) REPORT TO CONGRESS.—The Secretary shall submit to 

Congress with the annual budget submission of the Secretary 

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prove the science, technology, engineering, and mathematics 

teaching skills of participating teachers. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

ø(1) $15,000,000 for fiscal year 2008; 

ø(2) $20,000,000 for fiscal year 2009; 

ø(3) $25,000,000 for fiscal year 2010; and 

ø(4) $25,000,000 for each of fiscal years 2011 through 2013.¿ 

* * * * * * * 

øSEC. 3195. MENTORING PROGRAM. 

ø(a) IN GENERAL.—As part of the programs established under 

chapters 3 and 4, the Director shall establish a program to recruit 

and provide mentors for women and underrepresented minorities 

who are interested in careers in science, engineering, and mathematics. 

ø(b) PAIRING.—The program shall pair mentors with women and 

minorities who are in programs of study at specialty schools for 

science and mathematics, Centers of Excellence, and summer institutes established under chapters 3 and 4, respectively. 

ø(c) PROGRAM EVALUATION.—The Secretary shall annually— 

ø(1) use metrics to evaluate the success of the programs established under subsection (a); and 

ø(2) submit to Congress a report that describes the results 

of each evaluation.¿ 

* * * * * * * 

EMERGENCY ENERGY CONSERVATION ACT OF 

1979 

Public Law 96–102 

* * * * * * * 

TABLE OF CONTENTS 

* * * * * * * 

TITLE II—EMERGENCY ENERGY CONSERVATION 

øSec. 201. Findings and purposes.¿ 

Sec. 201. Purposes. 

Sec. 202. Definitions. 

PART A—EMERGENCY ENERGY CONSERVATION PROGRAM 

Sec. 211. National and State emergency conservation targets. 

Sec. 212. State emergency conservation plan. 

Sec. 213. Standby Federal conservation plan. 

Sec. 214. Judicial review. 

Sec. 215. Reports. 

PART B—OTHER AUTOMOBILE FUEL PURCHASE MEASURES 

øSec. 221. Minimum automobile fuel purchases.¿ 

øSec. 222. Out-of-State vehicles to be exempted from odd-even motor fuel purchase 

restrictions.¿ 

PART C—BUILDING TEMPERATURE RESTRICTIONS 

Sec. 231. Amendment to Energy Policy and Conservation Act. 


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PART D—STUDIES 

øSec. 241. Studies.¿ 

Sec. 242. Middle distillate monitoring program. 

* * * * * * * 

SEC. 201. øFINDINGS AND¿ PURPOSES. 

ø(a) FINDINGS.—The Congress finds that— 

ø(1) serious disruptions have recently occurred in the gasoline and diesel fuel markets of the United States; 

ø(2) it is likely that such disruptions will recur; 

ø(3) interstate commerce is significantly affected by those 

market disruptions; 

ø(4) an urgent need exists to provide for emergency conservation and other measures with respect to gasoline, diesel 

fuel, home heating oil, and other energy sources in potentially 

short supply in order to cope with market disruptions and protect interstate commerce; and 

ø(5) up-to-date and reliable information concerning the supply and demand of gasoline, diesel fuel, and other related data 

is not available to the President, the Congress, or the public.¿ 

(b) PURPOSES.—The purposes of this title are to— 

(1) provide a means for the Federal Government, States, and 

units of local government to establish emergency conservation 

measures with respect to gasoline, diesel fuel, home heating 

oil, and other energy sources which may be in short supply; 

(2) establish other emergency measures to alleviate disruptions in gasoline and diesel fuel markets; 

(3) obtain data concerning such fuels; and 

(4) protect interstate commerce. 

* * * * * * * 

øSEC. 221. MINIMUM AUTOMOBILE FUEL PURCHASES. 

ø(a) GENERAL RULE.—If the provisions of this subsection are 

made applicable under subsection (c), no person shall purchase 

motor fuel from a motor fuel retailer in any transaction for use in 

any automobile or other vehicle unless— 

ø(1) the price for the quantity purchased and placed into the 

fuel tank of that vehicle equals or exceeds $5.00; or 

ø(2) in any case in which the amount paid for the quantity 

of motor fuel necessary to fill the fuel tank of that vehicle to 

capacity is less than $5.00, such person pays to the retailer an 

additional amount so that the total amount paid in that transaction equals $5.00. 

øAny person selling motor fuel in transactions to which the provisions of this subsection apply shall display at the point of sale notice of such provisions in accordance with regulations prescribed by 

the Secretary. 

ø(b) $7.00 TO BE APPLICABLE IN THE CASE OF 8-CYLINDER VEHICLES.—In applying subsection (a) in the case of any vehicle with an 

engine having 8 cylinders (or more), ‘‘$7.00’’ shall be substituted for 

‘‘$5.00’’. 

ø(c) APPLICABILITY.—(1) Unless applicable pursuant to paragraph 

(2), the requirements of subsection (a) shall apply in any State and 

shall be administered and enforced as provided in subsection (g) 

only if— 


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65 

ø(A) the Governor of that State submits a request to the Secretary to have such requirements applicable in that State; and 

ø(B) the attorney general of that State has found that (i) absent a delegation of authority under a Federal law, the Governor lacks the authority under the laws of the State to invoke 

comparable requirements, (ii) under applicable State law, the 

Governor and other appropriate State officers and employees 

are not prevented from administering and enforcing such requirements under a delegation of authority pursuant to Federal law, and (iii) if implemented such requirements would not 

be contrary to State law. 

øSubject to paragraph (2), such provisions shall cease to apply in 

any State if the Governor of the State withdraws any request 

under subparagraph (A). 

ø(2) The requirements of subsection (a) shall apply in every State 

if there is in effect a finding by the President that nationwide implementation of such requirements would be appropriate and consistent with the purposes of this title. 

ø(3) Such requirements shall take effect in any State beginning 

on the 5th day after the Secretary or the President (as the case 

may be) publishes notice in the Federal Register of the applicability 

of the requirements to the State pursuant to paragraph (1) or (2). 

ø(4) Notwithstanding any other provision of law, the authority 

vested in the President under paragraph (2) may not be delegated. 

ø(d) EXEMPTIONS.—The requirements of subsection (a) shall not 

apply to any motorcycle or motorpowered bicycle, or to any comparable vehicle as may be determined by the Secretary by regulation. 

ø(e) ADJUSTMENT OF MINIMUM LEVELS.—The Secretary may increase the $5.00 and $7.00 amounts specified in subsections (a) and 

(b) if the Secretary considers it appropriate. Adjustments under 

this subsection shall be only in even dollar amounts. 

ø(f) CIVIL PENALTIES.—(1) Whoever violates the requirements of 

subsection (a) shall be subject to a civil penalty of not to exceed 

$100 for each violation. 

ø(2) Any penalty under paragraph (1) may be assessed by the 

court in any action under this section brought in any appropriate 

United States district court or any other court of competent jurisdiction. Except to the extent provided in paragraph (3), any such 

penalty collected shall be deposited into the general fund of the 

United States Treasury as miscellaneous receipts. 

ø(3) The Secretary may enter into an agreement with the Governor of any State under which amounts collected pursuant to this 

subsection may be collected and retained by the State to the extent 

necessary to cover costs incurred by that State in connection with 

the administration and enforcement of the requirements of subsection (a) the authority for which is delegated under subsection 

(g). 

ø(g) ADMINISTRATION AND ENFORCEMENT DELEGATED TO

STATES.—(1) There is hereby delegated to the Governor of any 

State, and other State and local officers and employees designated 

by the Governor, the authority to administer and enforce, within 

that State, any provision of this part which is to be administered 

and enforced in accordance with this section. Such authority includes the authority to institute actions on behalf of the United 


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States for the imposition and collection of civil penalties under subsection (f). 

ø(2)(A) All delegation of authority under paragraph (1) with respect to any State shall be considered revoked effective (i) upon the 

receipt of a written waiver of authority signed by the Governor of 

such State or (ii) upon a determination by the President that such 

delegation should be revoked, but only to the extent of that determination. 

ø(B) If at any time the conditions of subsection (c)(1)(B) are no 

longer satisfied in any State to which a delegation has been made 

under paragraph (1), the attorney general of that State shall transmit a written statement to that effect to the Governor of that State 

and to the President. Such delegation shall be considered revoked 

effective upon receipt by the President of such written statement 

and a determination by the President that such conditions are no 

longer satisfied, but only to the extent of that determination and 

consistent with such attorney general’s statement. 

ø(C) Any revocation under subparagraph (A) or (B) shall not affect any action or pending proceedings, administrative or civil, not 

finally determined on the date of such revocation, nor any administrative or civil action or proceeding, whether or not pending, based 

on any act committed or liability incurred prior to such revocation. 

ø(D) The Secretary shall administer and enforce any provision of 

this part which has been made effective under subsection (c)(2) and 

for which a delegation of authority is considered revoked under 

subparagraph (A). 

ø(h) COORDINATION WITH OTHER LAW.—The charging and collecting of amounts referred to in subsection (a)(2) under the requirements of subsection (a), or similar amounts collected under 

comparable requirements under any State law, shall not be considered a violation of— 

ø(1) the Emergency Petroleum Allocation Act of 1973 or any 

regulation thereunder; or 

ø(2) any Federal or State law requiring the labeling or disclosure of the maximum price per gallon of any fuel.¿ 

øSEC. 222. OUT-OF-STATE VEHICLES TO BE EXEMPTED FROM ODDEVEN MOTOR FUEL PURCHASE RESTRICTIONS. 

ø(a) GENERAL RULE.—Notwithstanding any provision of any Federal, State, or local law, any odd-even fuel purchase plan in effect 

in any State may not prohibit the sale of motor fuel to any person 

for use in a vehicle bearing a license plate issued by any authority 

other than that State or a State contiguous to that State. 

ø(b) DEFINITIONS.—For purposes of this section the term ‘‘oddeven fuel purchase plan’’ means any motor fuel sales restriction 

under which a person may purchase motor fuel for use in any vehicle only on days (or other periods of time) determined on the basis 

of a number or letter appearing on the license plate of that vehicle 

(or on any similar basis).¿ 

* * * * * * * 

øSEC. 241. STUDIES. 

ø(a) STUDY OF COMMERCIAL AND INDUSTRIAL STORAGE OF

FUEL.—Not later than 180 days after the date of the enactment of 

this part, the Secretary shall conduct a study and report to the 

Congress regarding the commercial and industrial storage of gasoVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00066 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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line and middle distillates (other than storage in facilities which 

have capacities of less than 500 gallons or storage used exclusively 

and directly for agricultural, residential, petroleum refining, or 

pipeline transportation purposes). 

ø(b) CONTENTS OF REPORT.—Such report shall— 

ø(1) indicate to what extent storage activities have increased 

since November 1, 1978, and what business establishments (including utilities) have been involved; 

ø(2) the estimated amount of gasoline and middle distillates 

(in the aggregate and by type and region) which are in storage 

within the United States at the time of the study, the amounts 

which were in storage at the same time during the calendar 

year preceding the study, and the purposes for which such 

storage is maintained; and 

ø(3) contain such findings and recommendations for legislation and administrative action as the Secretary considers appropriate, including recommendations for improving the availability and quality of data concerning such storage.¿ 

* * * * * * * 

ENERGY CONSERVATION AND PRODUCTION 

ACT 

Public Law 94–385, as amended 

* * * * * * * 

CONTENTS 

* * * * * * * 

TITLE II—ELECTRIC UTILITIES RATE DESIGN INITIATIVES 

Sec. 201. Findings. 

Sec. 202. Definitions. 

Sec. 203. Electric utility rate design proposals. 

Sec. 204. Rate design innovation and Federal Energy Administration intervention. 

Sec. 205. Grants for offices of consumer services. 

Sec. 206. Reports. 

øSec. 207. State utility regulatory assistance.¿ 

øSec. 208. Authorization of appropriations.¿ 

* * * * * * * 

øSTATE UTILITY REGULATORY ASSISTANCE 

øSEC. 207. (a) The Secretary may make grants to State utility 

regulatory commissions and nonregulated electric utilities (as defined in the Public Utility Regulatory Policies Act of 1978) to carry 

out duties and responsibilities under titles I and III, and section 

210, of the Public Utility Regulatory Policies Act of 1978. No grant 

may be made under this section to any Federal agency. 

ø(b) Any requirements established by the Secretary with respect 

to grants under this section may be only such requirements as are 

necessary to assure that such grants are expended solely to carry 

out duties and responsibilities referred to in subsection (a) or such 

as are otherwise required by law. 

ø(c) No grant may be made under this section unless an application for such grant is submitted to the Secretary in such form and 


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manner as the Secretary may require. The Secretary may not approve an application of a State utility regulatory commission or 

nonregulated electric utility unless such commission or nonregulated electric utility assures the Secretary that funds made available under this section will be in addition to, and not in substitution for, funds made available to such commission or nonregulated electric utility from other governmental sources. 

ø(d) The funds appropriated for purposes of this section shall be 

apportioned among the States in such manner that grants made 

under this section in each State shall not exceed the lesser of— 

ø(1) the amount determined by dividing equally among all 

States the total amount available under this section for such 

grants, or 

ø(2) the amount which the Secretary is authorized to provide 

pursuant to subsections (b) and (c) of this section for such 

State.¿ 

øAUTHORIZATION OF APPROPRIATIONS 

øSEC. 208. There are authorized to be appropriated— 

ø(1) not to exceed $40,000,000 for each of the fiscal years 

1979 and 1980 to carry out section 207 (relating to State utility 

regulatory assistance); 

ø(2) not to exceed $10,000,000 for each of the fiscal years 

1979 and 1980 to carry out section 205 (relating to State offices 

of consumer services); and 

ø(3) not to exceed $8,000,000 for the fiscal year 1979 and $10,000,000 for the fiscal year 1980 to carry out section 

204(1)(B) (relating to innovative rate structures).¿ 

* * * * * * * 

DEFINITIONS 

SEC. 303. As used in this title: 

* * * * * * * 

(6) The term ‘‘Federal building’’ means any building øto be 

constructed¿ constructed or altered by, or for the use of, any 

Federal agency. Such term shall include buildings built for the 

purpose of being leased by a Federal agency, and privatized 

military housing. 

* * * * * * * 

(13) The term ‘‘Federal building energy standards’’ means 

energy consumption objectives to be met without specification 

of the methods, materials, or equipment to be employed in 

achieving those objectives, but including statements of the requirements, criteria, and evaluation methods to be used, and 

any necessary commentary. 

ø (14) The term ‘‘voluntary building energy code’’ means a 

building energy code developed and updated through a consensus process among interested persons, such as that used by 

the Council of American Building Officials; the American Society of Heating, Refrigerating, and Air-Conditioning Engineers; 

or other appropriate organizations.¿ 

(14) MODEL BUILDING ENERGY CODE.—The term ‘‘model building energy code’’ means a voluntary building energy code and 


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standards developed and updated through a consensus process 

among interested persons, such as the IECC or the code used 

by— 

(A) the Council of American Building Officials, or its 

legal successor, International Code Council, Inc.; 

(B) the American Society of Heating, Refrigerating, and 

Air-Conditioning Engineers; or 

(C) other appropriate organizations. 

(15) The term ‘‘CABO’’ means the Council of American Building Officials. 

(16) The term ‘‘ASHRAE’’ means the American Society of 

Heating, Refrigerating, and Air-Conditioning Engineers. 

(17) IECC.—The term ‘‘IECC’’ means the International Energy Conservation Code. 

(18) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning 

given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). 

(19) MAJOR RENOVATION.—The term ‘‘major renovation’’ 

means a modification of building energy systems sufficiently extensive that the whole building can meet energy standards for 

new buildings, based on criteria to be established by the Secretary through notice and comment rulemaking. 

øSEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. 

ø(a) CONSIDERATION AND DETERMINATION RESPECTING RESIDEN- TIAL BUILDING ENERGY CODES.—(1) Not later than 2 years after 

the date of the enactment of the Energy Policy Act of 1992, each 

State shall certify to the Secretary that it has reviewed the provisions of its residential building code regarding energy efficiency 

and made a determination as to whether it is appropriate for such 

State to revise such residential building code provisions to meet or 

exceed CABO Model Energy Code, 1992. 

ø(2) The determination referred to in paragraph (1) shall be— 

ø(A) made after public notice and hearing; 

ø(B) in writing; 

ø(C) based upon findings included in such determination and 

upon the evidence presented at the hearing; and 

ø(D) available to the public. 

ø(3) Each State may, to the extent consistent with otherwise applicable State law, revise the provisions of its residential building 

code regarding energy efficiency to meet or exceed CABO Model 

Energy Code, 1992, or may decline to make such revisions. 

ø(4) If a State makes a determination under paragraph (1) that 

it is not appropriate for such State to revise its residential building 

code, such State shall submit to the Secretary, in writing, the reasons for such determination, and such statement shall be available 

to the public. 

ø(5)(A) Whenever CABO Model Energy Code, 1992, (or any successor of such code) is revised, the Secretary shall, not later than 

12 months after such revision, determine whether such revision 

would improve energy efficiency in residential buildings. The Secretary shall publish notice of such determination in the Federal 

Register. 

ø(B) If the Secretary makes an affirmative determination under 

subparagraph (A), each State shall, not later than 2 years after the 

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viewed the provisions of its residential building code regarding energy efficiency and made a determination as to whether it is appropriate for such State to revise such residential building code provisions to meet or exceed the revised code for which the Secretary 

made such determination. 

ø(C) Paragraphs (2), (3), and (4) shall apply to any determination 

made under subparagraph (B). 

ø(b) CERTIFICATION OF COMMERCIAL BUILDING ENERGY CODE UP- DATES.—(1) Not later than 2 years after the date of the enactment 

of the Energy Policy Act of 1992, each State shall certify to the Secretary that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. Such certification 

shall include a demonstration that such State’s code provisions 

meet or exceed the requirements of ASHRAE Standard 90.1–1989. 

ø(2)(A) Whenever the provisions of ASHRAE Standard 90.1–1989 

(or any successor standard) regarding energy efficiency in commercial buildings are revised, the Secretary shall, not later than 12 

months after the date of such revision, determine whether such revision will improve energy efficiency in commercial buildings. The 

Secretary shall publish a notice of such determination in the Federal Register. 

ø(B)(i) If the Secretary makes an affirmative determination 

under subparagraph (A), each State shall, not later than 2 years 

after the date of the publication of such determination, certify that 

it has reviewed and updated the provisions of its commercial building code regarding energy efficiency in accordance with the revised 

standard for which such determination was made. Such certification shall include a demonstration that the provisions of such 

State’s commercial building code regarding energy efficiency meet 

or exceed such revised standard. 

ø(ii) If the Secretary makes a determination under subparagraph 

(A) that such revised standard will not improve energy efficiency 

in commercial buildings, State commercial building code provisions 

regarding energy efficiency shall meet or exceed ASHRAE Standard 90.1–1989, or if such standard has been revised, the last revised standard for which the Secretary has made an affirmative determination under subparagraph (A). 

ø(c) EXTENSIONS.—The Secretary shall permit extensions of the 

deadlines for the certification requirements under subsections (a) 

and (b) if a State can demonstrate that it has made a good faith 

effort to comply with such requirements and that it has made significant progress in doing so. 

ø(d) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to States to implement the requirements of this 

section, and to improve and implement State residential and commercial building energy efficiency codes or to otherwise promote 

the design and construction of energy efficient buildings. 

ø(e) AVAILABILITY OF INCENTIVE FUNDING.—(1) The Secretary 

shall provide incentive funding to States to implement the requirements of this section, and to improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with such codes. In determining 

whether, and in what amount, to provide incentive funding under 

this subsection, the Secretary shall consider the actions proposed 

by the State to implement the requirements of this section, to imVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00070 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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prove and implement residential and commercial building energy 

efficiency codes, and to promote building energy efficiency through 

the use of such codes. 

ø(2) Additional funding shall be provided under this subsection 

for implementation of a plan to achieve and document at least a 

90 percent rate of compliance with residential and commercial 

building energy efficiency codes, based on energy performance— 

ø(A) to a State that has adopted and is implementing, on a 

statewide basis— 

ø(i) a residential building energy efficiency code that 

meets or exceeds the requirements of the 2004 International Energy Conservation Code, or any succeeding 

version of that code that has received an affirmative determination from the Secretary under subsection (a)(5)(A); 

and 

ø(ii) a commercial building energy efficiency code that 

meets or exceeds the requirements of the ASHRAE Standard 90.1 2004, or any succeeding version of that standard 

that has received an affirmative determination from the 

Secretary under subsection (b)(2)(A); or 

ø(B) in a State in which there is no statewide energy code 

either for residential buildings or for commercial buildings, to 

a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A). 

ø(3) Of the amounts made available under this subsection, the 

Secretary may use $500,000 for each fiscal year to train State and 

local officials to implement codes described in paragraph (2). 

ø(4)(A) There are authorized to be appropriated to carry out this 

subsection— 

ø(i) $25,000,000 for each of fiscal years 2006 through 2010; 

and 

ø(ii) such sums as are necessary for fiscal year 2011 and 

each fiscal year thereafter. 

ø(B) Funding provided to States under paragraph (2) for each fiscal year shall not exceed one-half of the excess of funding under 

this subsection over $5,000,000 for the fiscal year.¿ 

SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES. 

(a) IN GENERAL.—The Secretary shall— 

(1) encourage and support the adoption of building energy 

codes by States, Indian tribes, and, as appropriate, by local governments that meet or exceed the model building energy codes, 

or achieve equivalent or greater energy savings; and 

(2) support full compliance with the State and local codes. 

(b) STATE AND INDIAN TRIBE CERTIFICATION OF BUILDING ENERGY CODE UPDATES.— 

(1) REVIEW AND UPDATING OF CODES BY EACH STATE AND INDIAN TRIBE.— 

(A) IN GENERAL.—Not later than 2 years after the date on 

which a model building energy code is updated, each State 

or Indian tribe shall certify whether or not the State or Indian tribe, respectively, has reviewed and updated the energy provisions of the building code of the State or Indian 

tribe, respectively. 


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(B) DEMONSTRATION.—The certification shall include a 

demonstration of whether or not the energy savings for the 

code provisions that are in effect throughout the State or 

Indian tribal territory meet or exceed— 

(i) the energy savings of the updated model building 

energy code; or 

(ii) the targets established under section 307(b)(2). 

(C) NO MODEL BUILDING ENERGY CODE UPDATE.—If a 

model building energy code is not updated by a target date 

established under section 307(b)(2)(D), each State or Indian 

tribe shall, not later than 2 years after the specified date, 

certify whether or not the State or Indian tribe, respectively, 

has reviewed and updated the energy provisions of the 

building code of the State or Indian tribe, respectively, to 

meet or exceed the target in section 307(b)(2). 

(2) VALIDATION BY SECRETARY.—Not later than 90 days after 

a State or Indian tribe certification under paragraph (1), the 

Secretary shall— 

(A) determine whether the code provisions of the State or 

Indian tribe, respectively, meet the criteria specified in 

paragraph (1); and 

(B) if the determination is positive, validate the certification. 

(c) IMPROVEMENTS IN COMPLIANCE WITH BUILDING ENERGY

CODES.— 

(1) REQUIREMENT.— (A) IN GENERAL.—Not later than 3 years after the date of 

a certification under subsection (b), each State and Indian 

tribe shall certify whether or not the State and Indian 

tribe, respectively, has— 

(i) achieved full compliance under paragraph (3) 

with the applicable certified State and Indian tribe 

building energy code or with the associated model 

building energy code; or 

(ii) made significant progress under paragraph (4) 

toward achieving compliance with the applicable certified State and Indian tribe building energy code or 

with the associated model building energy code. 

(B) REPEAT CERTIFICATIONS.—If the State or Indian tribe 

certifies progress toward achieving compliance, the State or 

Indian tribe shall repeat the certification until the State or 

Indian tribe certifies that the State or Indian tribe has 

achieved full compliance, respectively. 

(2) MEASUREMENT OF COMPLIANCE.—A certification under 

paragraph (1) shall include documentation of the rate of compliance based on— 

(A) independent inspections of a random sample of the 

buildings covered by the code in the preceding year; or 

(B) an alternative method that yields an accurate measure of compliance. 

(3) ACHIEVEMENT OF COMPLIANCE.—A State or Indian tribe 

shall be considered to achieve full compliance under paragraph 

(1) if— 

(A) at least 90 percent of building space covered by the 

code in the preceding year substantially meets all the reVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00072 Fmt 6659 Sfmt 6603 E:\HR\OC\SR138.XXX SR138

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quirements of the applicable code specified in paragraph 

(1), or achieves equivalent or greater energy savings level; 

or 

(B) the estimated excess energy use of buildings that did 

not meet the applicable code specified in paragraph (1) in 

the preceding year, compared to a baseline of comparable 

buildings that meet this code, is not more than 5 percent 

of the estimated energy use of all buildings covered by this 

code during the preceding year. 

(4) SIGNIFICANT PROGRESS TOWARD ACHIEVEMENT OF COMPLI- ANCE.—A State or Indian tribe shall be considered to have 

made significant progress toward achieving compliance for purposes of paragraph (1) if the State or Indian tribe— 

(A) has developed and is implementing a plan for achieving compliance during the 8-year-period beginning on the 

date of enactment of this paragraph, including annual targets for compliance and active training and enforcement 

programs; and 

(B) has met the most recent target under subparagraph 

(A). 

(5) VALIDATION BY SECRETARY.—Not later than 90 days after 

a State or Indian tribe certification under paragraph (1), the 

Secretary shall— 

(A) determine whether the State or Indian tribe has demonstrated meeting the criteria of this subsection, including 

accurate measurement of compliance; and 

(B) if the determination is positive, validate the certification. 

(d) STATES OR INDIAN TRIBES THAT DO NOT ACHIEVE COMPLIANCE.— 

(1) REPORTING.—A State or Indian tribe that has not made 

a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on— 

(A) the status of the State or Indian tribe with respect to 

meeting the requirements and submitting the certification; 

and 

(B) a plan for meeting the requirements and submitting 

the certification. 

(2) FEDERAL SUPPORT.—For any State or Indian tribe for 

which the Secretary has not validated a certification by a deadline under subsection (b) or (c), the lack of the certification may 

be a consideration for Federal support authorized under this 

section for code adoption and compliance activities. 

(3) LOCAL GOVERNMENT.—In any State or Indian tribe for 

which the Secretary has not validated a certification under subsection (b) or (c), a local government may be eligible for Federal 

support by meeting the certification requirements of subsections 

(b) and (c). 

(4) ANNUAL REPORTS BY SECRETARY.— (A) IN GENERAL.—The Secretary shall annually submit to 

Congress, and publish in the Federal Register, a report 

on— 

(i) the status of model building energy codes; 

(ii) the status of code adoption and compliance in the 

States and Indian tribes; 


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(iii) implementation of this section; and 

(iv) improvements in energy savings over time as result of the targets established under section 307(b)(2). 

(B) IMPACTS.—The report shall include estimates of impacts 

of past action under this section, and potential impacts of 

further action, on— 

(i) upfront financial and construction costs, cost benefits and returns (using investment analysis), and lifetime energy use for buildings; 

(ii) resulting energy costs to individuals and businesses; and 

(iii) resulting overall annual building ownership and 

operating costs. 

(e) TECHNICAL ASSISTANCE TO STATES AND INDIAN TRIBES.—The 

Secretary shall provide technical assistance to States and Indian 

tribes to implement the goals and requirements of this section, including procedures and technical analysis for States and Indian 

tribes— 

(1) to improve and implement State residential and commercial building energy codes; 

(2) to demonstrate that the code provisions of the States and 

Indian tribes achieve equivalent or greater energy savings than 

the model building energy codes and targets; 

(3) to document the rate of compliance with a building energy 

code; and 

(4) to otherwise promote the design and construction of energy 

efficient buildings. 

(f) AVAILABILITY OF INCENTIVE FUNDING.— (1) IN GENERAL.—The Secretary shall provide incentive funding to States and Indian tribes— 

(A) to implement the requirements of this section; 

(B) to improve and implement residential and commercial building energy codes, including increasing and 

verifying compliance with the codes and training of State, 

tribal, and local building code officials to implement and 

enforce the codes; and 

(C) to promote building energy efficiency through the use 

of the codes. 

(2) ADDITIONAL FUNDING.—Additional funding shall be provided under this subsection for implementation of a plan to 

achieve and document full compliance with residential and 

commercial building energy codes under subsection (c)— 

(A) to a State or Indian tribe for which the Secretary has 

validated a certification under subsection (b) or (c); and 

(B) in a State or Indian tribe that is not eligible under 

subparagraph (A), to a local government that is eligible 

under this section. 

(3) TRAINING.—Of the amounts made available under this 

subsection, the State or Indian tribe may use amounts required, 

but not to exceed $750,000 for a State, to train State and local 

building code officials to implement and enforce codes described 

in paragraph (2). 

(4) LOCAL GOVERNMENTS.—States may share grants under 

this subsection with local governments that implement and enforce the codes. 


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(g) STRETCH CODES AND ADVANCED STANDARDS.— (1) IN GENERAL.—The Secretary shall provide technical and 

financial support for the development of stretch codes and advanced standards for residential and commercial buildings for 

use as— 

(A) an option for adoption as a building energy code by 

local, tribal, or State governments; and 

(B) guidelines for energy-efficient building design. 

(2) TARGETS.—The stretch codes and advanced standards 

shall be designed— 

(A) to achieve substantial energy savings compared to the 

model building energy codes; and 

(B) to meet targets under section 307(b), if available, at 

least 3 to 6 years in advance of the target years. 

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

science experts from the National Laboratories and institutions of 

higher education, designers and builders of energy-efficient residential and commercial buildings, code officials, and other stakeholders, shall undertake a study of the feasibility, impact, economics, and merit of— 

(1) code improvements that would require that buildings be 

designed, sited, and constructed in a manner that makes the 

buildings more adaptable in the future to become zero-net-energy after initial construction, as advances are achieved in energy-saving technologies; 

(2) code procedures to incorporate measured lifetimes, not just 

first-year energy use, in trade-offs and performance calculations; and 

(3) legislative options for increasing energy savings from 

building energy codes, including additional incentives for effective State and local action, and verification of compliance with 

and enforcement of a code other than by a State or local government. 

(i) EFFECT ON OTHER LAWS.—Nothing in this section or section 

307 supersedes or modifies the application of sections 321 through 

346 of the Energy Policy and Conservation Act (42 U.S.C. 6291 et 

seq.). 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section and section 307 

$200,000,000, to remain available until expended. 

* * * * * * * 

SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS. 

* * * * * * * 

(a)(1) IN GENERAL.—Not later than 2 years after the date of the 

enactment of the Energy Policy Act of 1992, the Secretary, after 

consulting with appropriate Federal agencies, CABO, ASHRAE, the 

National Association of Home Builders, the Illuminating Engineering Society, the American Institute of Architects, the National Conference of the States on Building Codes and Standards, and other 

appropriate persons, shall establish, by rule, Federal building energy standards that require in new Federal buildings those energy 

efficiency measures that are technologically feasible and economically justified. Such standards shall become effective no later than 

1 year after such rule is issued. 


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(2) The standards established under paragraph (1) shall— 

(A) contain energy saving and renewable energy specifications that meet or exceed the energy saving and renewable energy specifications of the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE 

Standard 90.1–2004 (in the case of commercial buildings); 

(B) to the extent practicable, use the same format as the 

øappropriate voluntary building energy code¿ model building 

energy code; and 

(C) consider, in consultation with the Environmental Protection Agency and other Federal agencies, and where appropriate 

contain, measures with regard to radon and other indoor air 

pollutants. 

ø(3)(A) Not later than 1 year after the date of enactment of this 

paragraph, the Secretary shall establish, by rule, revised Federal 

building energy efficiency performance standards that require 

that— 

ø(i) if life-cycle cost-effective for new Federal buildings— 

ø(I) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or 

the International Energy Conservation Code, as appropriate, that is in effect as of the date of enactment of this 

paragraph; and 

ø(II) sustainable design principles are applied to the 

siting, design, and construction of all new and replacement 

buildings; 

ø(ii) if water is used to achieve energy efficiency, water conservation technologies shall be applied to the extent that the 

technologies are life-cycle cost-effective; and 

ø(iii) if lifecycle cost-effective, as compared to other reasonably available technologies, not less than 30 percent of the hot 

water demand for each new Federal building or Federal building undergoing a major renovation be met through the installation and use of solar hot water heaters. 

ø(B) Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, the Secretary shall determine, based on the cost-effectiveness of the requirements under the 

amendment, whether the revised standards established under this 

paragraph should be updated to reflect the amendment.¿ 

(3) REVISED FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.— 

(A) REVISED FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS.— 

(i) IN GENERAL.—Not later than 1 year after the date of 

enactment of the Energy Policy Modernization Act of 2015, 

the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require 

that— 

(I) new Federal buildings and alterations and additions to existing Federal buildings— 

(aa) meet or exceed the most recent revision of 

the International Energy Conservation Code (in 

the case of residential buildings) or ASHRAE 


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Standard 90.1 (in the case of commercial buildings) as of the date of enactment of the Energy Policy Modernization Act of 2015; and 

(bb) meet or exceed the energy provisions of State 

and local building codes applicable to the building, if the codes are more stringent than the International Energy Conservation Code or ASHRAE 

Standard 90.1, as applicable; 

(II) unless demonstrated not to be life-cycle cost effective for new Federal buildings and Federal buildings 

with major renovations— 

(aa) the buildings be designed to achieve energy 

consumption levels that are at least 30 percent 

below the levels established in the version of the 

ASHRAE Standard or the International Energy 

Conservation Code, as appropriate, that is applied 

under subclause (I)(aa), including updates under 

subparagraph (B); and 

(bb) sustainable design principles are applied to 

the location, siting, design, and construction of all 

new Federal buildings and replacement Federal 

buildings; 

(III) if water is used to achieve energy efficiency, 

water conservation technologies shall be applied to the 

extent that the technologies are life-cycle cost effective; 

and 

(IV) if life-cycle cost effective, as compared to other 

reasonably available technologies, not less than 30 percent of the hot water demand for each new Federal 

building or Federal building undergoing a major renovation be met through the installation and use of 

solar hot water heaters. 

(ii) LIMITATION.—Clause (i)(I) shall not apply to 

unaltered portions of existing Federal buildings and systems that have been added to or altered. 

(B) UPDATES.—Not later than 1 year after the date of approval of each subsequent revision of the ASHRAE Standard or 

the International Energy Conservation Code, as appropriate, 

the Secretary shall determine whether the revised standards established under subparagraph (A) should be updated to reflect 

the revisions, based on the energy savings and life-cycle cost-effectiveness of the revisions. 

ø(C) In the budget request¿(C) BUDGET REQUEST.—In the 

budget request of the Federal agency for each fiscal year and 

each report submitted by the Federal agency under section 

548(a) of the National Energy Conservation Policy Act (42 

U.S.C. 8258(a)), the head of each Federal agency shall include— 

(i) a list of all new Federal buildings owned, operated, or 

controlled by the Federal agency; and 

(ii) a statement specifying whether the Federal buildings 

meet or exceed the revised standards established under 

this paragraph. 

ø(D) Not later than 1 year after the date of enactment of the 

Energy Independence and Security Act of 2007, the Secretary 


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shall establish, by rule, revised Federal building energy efficiency performance standards that require that: 

ø(i) For new Federal buildings and Federal buildings undergoing major renovations, with respect to which the Administrator of General Services is required to transmit a 

prospectus to Congress under section 3307 of title 40, 

United States Code, in the case of public buildings (as defined in section 3301 of title 40, United States Code), or of 

at least $2,500,000 in costs adjusted annually for inflation 

for other buildings: 

ø(I) The buildings shall be designed so that the fossil fuel-generated energy consumption of the buildings 

is reduced, as compared with such energy consumption 

by a similar building in fiscal year 2003 (as measured 

by Commercial Buildings Energy Consumption Survey 

or Residential Energy Consumption Survey data from 

the Energy Information Agency), by the percentage 

specified in the following table: 

øFiscal Year Percentage Reduction 

ø2010 55 

ø2015 65 

ø2020 80 

ø2025 90 

ø2030 100 

ø(II) Upon petition by an agency subject to this subparagraph, the Secretary may adjust the applicable numeric requirement under subclause (I) downward with respect to a 

specific building, if the head of the agency designing the 

building certifies in writing that meeting such requirement 

would be technically impracticable in light of the agency’s 

specified functional needs for that building and the Secretary concurs with the agency’s conclusion. This subclause shall not apply to the General Services Administration. 

ø(III) Sustainable design principles shall be applied to 

the siting, design, and construction of such buildings. Not 

later than 90 days after the date of enactment of the Energy Independence and Security Act of 2007, the Secretary, 

after reviewing the findings of the Federal Director under 

section 436(h) of that Act, in consultation with the Administrator of General Services, and in consultation with the 

Secretary of Defense for considerations relating to those facilities under the custody and control of the Department of 

Defense, shall identify a certification system and level for 

green buildings that the Secretary determines to be the 

most likely to encourage a comprehensive and environmentally-sound approach to certification of green buildings. The identification of the certification system and 

level shall be based on a review of the Federal Director’s 

findings under section 436(h) of the Energy Independence 

and Security Act of 2007 and the criteria specified in 

clause (iii), shall identify the highest level the Secretary 

determines is appropriate above the minimum level required for certification under the system selected, and 


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shall achieve results at least comparable to the system 

used by and highest level referenced by the General Services Administration as of the date of enactment of the Energy Independence and Security Act of 2007. Within 90 

days of the completion of each study required by clause 

(iv), the Secretary, in consultation with the Administrator 

of General Services, and in consultation with the Secretary 

of Defense for considerations relating to those facilities 

under the custody and control of the Department of Defense, shall review and update the certification system and 

level, taking into account the conclusions of such study. 

ø(ii) In establishing criteria for identifying major renovations that are subject to the requirements of this subparagraph, the Secretary shall take into account the scope, degree, and types of renovations that are likely to provide 

significant opportunities for substantial improvements in 

energy efficiency. 

ø(iii) In identifying the green building certification system and level, the Secretary shall take into consideration— 

ø(I) the ability and availability of assessors and 

auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph; 

ø(II) the ability of the applicable certification organization to collect and reflect public comment; 

ø(III) the ability of the standard to be developed and 

revised through a consensus-based process; 

ø(IV) an evaluation of the robustness of the criteria 

for a high-performance green building, which shall 

give credit for promoting— 

ø(aa) efficient and sustainable use of water, energy, and other natural resources; 

ø(bb) use of renewable energy sources; 

ø(cc) improved indoor environmental quality 

through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and 

ø(dd) such other criteria as the Secretary determines to be appropriate; and 

ø(V) national recognition within the building industry. 

ø(iv) At least once every 5 years, and in accordance with 

section 436 of the Energy Independence and Security Act 

of 2007, the Administrator of General Services shall conduct a study to evaluate and compare available third-party 

green building certification systems and levels, taking into 

account the criteria listed in clause (iii). 

ø(v) The Secretary may by rule allow Federal agencies 

to develop internal certification processes, using certified 

professionals, in lieu of certification by the certification entity identified under clause (i)(III). The Secretary shall include in any such rule guidelines to ensure that the certification process results in buildings meeting the applicable 


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certification system and level identified under clause 

(i)(III). An agency employing an internal certification process must continue to obtain external certification by the 

certification entity identified under clause (i)(III) for at 

least 5 percent of the total number of buildings certified 

annually by the agency. 

ø(vi) With respect to privatized military housing, the 

Secretary of Defense, after consultation with the Secretary 

may, through rulemaking, develop alternative criteria to 

those established by subclauses (I) and (III) of clause (i) 

that achieve an equivalent result in terms of energy savings, sustainable design, and green building performance. 

ø(vii) In addition to any use of water conservation technologies otherwise required by this section, water conservation technologies shall be applied to the extent that 

the technologies are life-cycle cost-effective.¿ 

(D) CERTIFICATION FOR GREEN BUILDINGS.— 

(i) SUSTAINABLE DESIGN PRINCIPLES.—Sustainable design 

principles shall be applied to the siting, design, and construction of buildings covered by this subparagraph. 

(ii) SELECTION OF CERTIFICATION SYSTEMS.—The Secretary, after reviewing the findings of the Federal Director 

under section 436(h) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17092(h)), in consultation with 

the Administrator of General Services, and in consultation 

with the Secretary of Defense relating to those facilities 

under the custody and control of the Department of Defense, shall determine those certification systems for green 

commercial and residential buildings that the Secretary determines to be the most likely to encourage a comprehensive 

and environmentally sound approach to certification of 

green buildings. 

(iii) BASIS FOR SELECTION.—The determination of the certification systems under clause (ii) shall be based on ongoing review of the findings of the Federal Director under section 436(h) of the Energy Independence and Security Act of 

2007 (42 U.S.C. 17092(h)) and the criteria described in 

clause (v). 

(iv) ADMINISTRATION.—In determining certification systems under this subparagraph, the Secretary shall— 

(I) make a separate determination for all or part of 

each system; 

(II) confirm that the criteria used to support the selection of building products, materials, brands, and 

technologies— 

(aa) are fair and neutral (meaning that the criteria are based on an objective assessment of relevant technical data); 

(bb) do not prohibit, disfavor, or discriminate 

against selection based on technically inadequate 

information to inform human or environmental 

risk; and 

(cc) are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures; and 


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(III) use environmental and health criteria that are 

based on risk assessment methodology that is generally 

accepted by the applicable scientific disciplines. 

(v) CONSIDERATIONS.—In determining the green building 

certification systems under this subparagraph, the Secretary shall take into consideration— 

(I) the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement 

this subparagraph; 

(II) the ability of the applicable certification organization to collect nd reflect public comment; 

(III) the ability of the standard to be developed and 

revised through a consensus-based process; 

(IV) an evaluation of the robustness of the criteria for 

a high-performance green building, which shall give 

credit for promoting— 

(aa) efficient and sustainable use of water, energy, and other natural resources; 

(bb) the use of renewable energy sources; 

(cc) improved indoor environmental quality 

through enhanced indoor air quality, thermal comfort, acoustics, day lighting, pollutant source control, and use of low-emission materials and building system controls; and 

(dd) such other criteria as the Secretary determines to be appropriate; and 

(V) national recognition within the building industry. 

(vi) REVIEW.—The Secretary, in consultation with the Administrator of General Services and the Secretary of Defense, shall conduct an ongoing review to evaluate and 

compare private sector green building certification systems, 

taking into account— 

(I) the criteria described in clause (v); and 

(II) the identification made by the Federal Director 

under section 436(h) of the Energy Independence and 

Security Act of 2007 (42 U.S.C. 17092(h)). 

(vii) EXCLUSIONS.— (I) IN GENERAL.—Subject to subclause (II), if a certification system fails to meet the review requirements 

of clause (v), the Secretary shall— 

(aa) identify the portions of the system, whether 

prerequisites, credits, points, or otherwise, that 

meet the review criteria of clause (v); 

(bb) determine the portions of the system that 

are suitable for use; and 

(cc) exclude all other portions of the system from 

identification and use. 

(II) ENTIRE SYSTEMS.—The Secretary shall exclude 

an entire system from use if an exclusion under subclause (I)— 

(aa) impedes the integrated use of the system; 

(bb) creates disparate review criteria or unequal 

point access for competing materials; or 


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(cc) increases agency costs of the use. 

(viii) INTERNAL CERTIFICATION PROCESSES.—The Secretary may by rule allow Federal agencies to develop internal certification processes, using certified professionals, in 

lieu of certification by certification entities identified under 

clause (ii). 

(ix) PRIVATIZED MILITARY HOUSING.—With respect to 

privatized military housing, the Secretary of Defense, after 

consultation with the Secretary may, through rulemaking, 

develop alternative certification systems and levels than the 

systems and levels identified under clause (ii) that achieve 

an equivalent result in terms of energy savings, sustainable 

design, and green building performance. 

(x) WATER CONSERVATION TECHNOLOGIES.—In addition to 

any use of water conservation technologies otherwise required by this section, water conservation technologies shall 

be applied to the extent that the technologies are life-cycle 

cost-effective. 

(xi) EFFECTIVE DATE.— 

(I) DETERMINATIONS MADE AFTER DECEMBER 31, 

2015.—This subparagraph shall apply to any determination made by a Federal agency after December 31, 

2015. 

(II) DETERMINATIONS MADE ON OR BEFORE DECEMBER 31, 2015.—This subparagraph (as in effect on the 

day before the date of enactment of the Energy Policy 

Modernization Act of 2015) shall apply to any use of a 

certification system for green commercial and residential buildings by a Federal agency on or before December 31, 2015. 

(b) REPORT ON COMPARATIVE STANDARDS.—The Secretary shall 

identify and describe, in the report required under section 308, the 

basis for any substantive difference between the Federal building 

energy standards established under this section (including differences in treatment of energy efficiency and renewable energy) 

and the appropriate øvoluntary building energy code¿ model building energy code. 

ø(c) PERIODIC REVIEW.—The Secretary shall periodically, but not 

less than once every 5 years, review the Federal building energy 

standards established under this section and shall, if significant 

energy savings would result, upgrade such standards to include all 

new energy efficiency and renewable energy measures that are 

technologically feasible and economically justified.¿ 

ø(d) INTERIM STANDARDS.—Interim energy performance standards for new Federal buildings issued by the Secretary under this 

title as it existed before the date of the enactment of the Energy 

Policy Act of 1992 shall remain in effect until the standards established under subsection (a) become effective.¿ 

(c) PERIODIC REVIEW.—The Secretary shall— 

(1) once every 5 years, review the Federal building energy 

standards established under this section; and 

(2) on completion of a review under paragraph (1), if the Secretary determines that significant energy savings would result, 

upgrade the standards to include all new energy efficiency and 


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renewable energy measures that are technologically feasible and 

economically justified. 

* * * * * * * 

SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY CODES. 

ø(a) IN GENERAL.—Not later than 1 year after the date of the enactment of the Energy Policy Act of 1992, the Secretary, after consulting with the Secretary of Housing and Urban Development, the 

Secretary of Veterans Affairs, other appropriate Federal agencies, 

CABO, ASHRAE, the National Conference of States on Building 

Codes and Standards, and any other appropriate building codes 

and standards organization, shall support the upgrading of voluntary building energy codes for new residential and commercial 

buildings. Such support shall include— 

ø(1) a compilation of data and other information regarding 

building energy efficiency standards and codes in the possession of the Federal Government, State and local governments, 

and industry organizations; 

ø(2) assistance in improving the technical basis for such 

standards and codes; 

ø(3) assistance in determining the cost-effectiveness and the 

technical feasibility of the energy efficiency measures included 

in such standards and codes; and 

ø(4) assistance in identifying appropriate measures with regard to radon and other indoor air pollutants. 

ø(b) REVIEW.—The Secretary shall periodically review the technical and economic basis of voluntary building energy codes and, 

based upon ongoing research activities— 

ø(1) recommend amendments to such codes including measures with regard to radon and other indoor air pollutants; 

ø(2) seek adoption of all technologically feasible and economically justified energy efficiency measures; and 

ø(3) otherwise participate in any industry process for review 

and modification of such codes.¿ 

(a) IN GENERAL.—The Secretary shall support the updating of 

model building energy codes. 

(b) TARGETS.— (1) IN GENERAL.—The Secretary shall support the updating of 

the model building energy codes to enable the achievement of 

aggregate energy savings targets established under paragraph 

(2). 

(2) TARGETS.— 

(A) IN GENERAL.—The Secretary shall work with State, 

Indian tribes, local governments, nationally recognized code 

and standards developers, and other interested parties to 

support the updating of model building energy codes by establishing one or more aggregate energy savings targets to 

achieve the purposes of this section. 

(B) SEPARATE TARGETS.—The Secretary may establish 

separate targets for commercial and residential buildings. 

(C) BASELINES.—The baseline for updating model building energy codes shall be the 2009 IECC for residential 

buildings and ASHRAE Standard 90.1–2010 for commercial buildings. 

(D) SPECIFIC YEARS.— 


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(i) IN GENERAL.—Targets for specific years shall be 

established and revised by the Secretary through rulemaking and coordinated with nationally recognized 

code and standards developers at a level that— 

(I) is at the maximum level of energy efficiency 

that is technologically feasible and life-cycle cost 

effective, while accounting for the economic considerations under paragraph (4); 

(II) is higher than the preceding target; and 

(III) promotes the achievement of commercial 

and residential high-performance buildings 

through high performance energy efficiency (within 

the meaning of section 401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 

17061)). 

(ii) INITIAL TARGETS.—Not later than 1 year after the 

date of enactment of this clause, the Secretary shall establish initial targets under this subparagraph. 

(iii) DIFFERENT TARGET YEARS.—Subject to clause (i), 

prior to the applicable year, the Secretary may set a 

later target year for any of the model building energy 

codes described in subparagraph (A) if the Secretary 

determines that a target cannot be met. 

(iv) SMALL BUSINESS.—When establishing targets 

under this paragraph through rulemaking, the Secretary shall ensure compliance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 

U.S.C. 601 note; Public Law 104–121). 

(3) APPLIANCE STANDARDS AND OTHER FACTORS AFFECTING

BUILDING ENERGY USE.—In establishing building code targets 

under paragraph (2), the Secretary shall develop and adjust the 

targets in recognition of potential savings and costs relating 

to— 

(A) efficiency gains made in appliances, lighting, windows, insulation, and building envelope sealing; 

(B) advancement of distributed generation and on-site renewable power generation technologies; 

(C) equipment improvements for heating, cooling, and 

ventilation systems; 

(D) building management systems and SmartGrid technologies to reduce energy use; and 

(E) other technologies, practices, and building systems 

that the Secretary considers appropriate regarding building 

plug load and other energy uses. 

(4) ECONOMIC CONSIDERATIONS.—In establishing and revising building code targets under paragraph (2), the Secretary 

shall consider the economic feasibility of achieving the proposed 

targets established under this section and the potential costs 

and savings for consumers and building owners, including a return on investment analysis. 

(c) TECHNICAL ASSISTANCE TO MODEL BUILDING ENERGY CODESETTING AND STANDARD DEVELOPMENT ORGANIZATIONS.— 

(1) IN GENERAL.—The Secretary shall, on a timely basis, provide technical assistance to model building energy code-setting 


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and standard development organizations consistent with the 

goals of this section. 

(2) ASSISTANCE.—The assistance shall include, as requested 

by the organizations, technical assistance in— 

(A) evaluating code or standards proposals or revisions; 

(B) building energy analysis and design tools; 

(C) building demonstrations; 

(D) developing definitions of energy use intensity and 

building types for use in model building energy codes to 

evaluate the efficiency impacts of the model building energy 

codes; 

(E) performance-based standards; 

(F) evaluating economic considerations under subsection 

(b)(4); and 

(G) developing model building energy codes by Indian 

tribes in accordance with tribal law. 

(3) AMENDMENT PROPOSALS.—The Secretary may submit 

timely model building energy code amendment proposals to the 

model building energy code-setting and standard development 

organizations, with supporting evidence, sufficient to enable the 

model building energy codes to meet the targets established 

under subsection (b)(2). 

(4) ANALYSIS METHODOLOGY.—The Secretary shall make publicly available the entire calculation methodology (including 

input assumptions and data) used by the Secretary to estimate 

the energy savings of code or standard proposals and revisions. 

(d) DETERMINATION.— (1) REVISION OF MODEL BUILDING ENERGY CODES.—If the provisions of the IECC or ASHRAE Standard 90.1 regarding 

building energy use are revised, the Secretary shall make a preliminary determination not later than 90 days after the date of 

the revision, and a final determination not later than 15 

months after the date of the revision, on whether or not the revision will— 

(A) improve energy efficiency in buildings compared to 

the existing model building energy code; and 

(B) meet the applicable targets under subsection (b)(2). 

(2) CODES OR STANDARDS NOT MEETING TARGETS.— (A) IN GENERAL.—If the Secretary makes a preliminary 

determination under paragraph (1)(B) that a code or standard does not meet the targets established under subsection 

(b)(2), the Secretary may at the same time provide the 

model building energy code or standard developer with proposed changes that would result in a model building energy 

code that meets the targets and with supporting evidence, 

taking into consideration— 

(i) whether the modified code is technically feasible 

and life-cycle cost effective; 

(ii) available appliances, technologies, materials, and 

construction practices; and 

(iii) the economic considerations under subsection 

(b)(4). 

(B) INCORPORATION OF CHANGES.— 

(i) IN GENERAL.—On receipt of the proposed changes, 

the model building energy code or standard developer 


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shall have an additional 270 days to accept or reject 

the proposed changes of the Secretary to the model 

building energy code or standard for the Secretary to 

make a final determination. 

(ii) FINAL DETERMINATION.—A final determination 

under paragraph (1) shall be on the modified model 

building energy code or standard. 

(e) ADMINISTRATION.—In carrying out this section, the Secretary 

shall— 

(1) publish notice of targets and supporting analysis and determinations under this section in the Federal Register to provide an explanation of and the basis for such actions, including 

any supporting modeling, data, assumptions, protocols, and 

cost-benefit analysis, including return on investment; and 

(2) provide an opportunity for public comment on targets and 

supporting analysis and determinations under this section. 

(f) VOLUNTARY CODES AND STANDARDS.—Notwithstanding any 

other provision of this section, any model building code or standard 

established under section 304 shall not be binding on a State, local 

government, or Indian tribe as a matter of Federal law. 

* * * * * * * 

SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE 

HOUSING AND ENERGY NONPROFIT ORGANIZATIONS. 

(a) PURPOSES.—The purposes of this section are— 

(1) to expand the number of low-income, single-family and 

multifamily homes that receive energy efficiency retrofits; 

(2) to promote innovation and new models of retrofitting lowincome homes through new Federal partnerships with covered 

organizations that leverage substantial donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; 

(3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low-income 

energy retrofit programs of the covered organizations; and 

(4) to ensure that the covered organizations make the energy 

retrofit programs of the covered organizations self-sustaining by 

the time grant funds have been expended. 

(b) DEFINITIONS.—In this section: 

(1) COVERED ORGANIZATION.—The term ‘‘covered organization’’ means an organization that— 

(A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) 

of that Code; and 

(B) has an established record of constructing, renovating, 

repairing, or making energy efficient a total of not less than 

250 owner-occupied, single-family or multifamily homes per 

year for low-income households, either directly or through 

affiliates, chapters, or other direct partners (using the most 

recent year for which data are available). 

(2) LOW-INCOME.—The term ‘‘low-income’’ means an income 

level that is not more than 200 percent of the poverty level (as 

determined in accordance with criteria established by the Director of the Office of Management and Budget) applicable to a 


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family of the size involved, except that the Secretary may establish a higher or lower level if the Secretary determines that a 

higher or lower level is necessary to carry out this section. 

(3) WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME

PERSONS.—The term ‘‘Weatherization Assistance Program for 

Low-Income Persons’’ means the program established under this 

part (including part 440 of title 10, Code of Federal Regulations, or successor regulations). 

(c) COMPETITIVE GRANT PROGRAM.—The Secretary shall make 

grants to covered organizations through a national competitive process for use in accordance with this section. 

(d) AWARD FACTORS.—In making grants under this section, the 

Secretary shall consider— 

(1) the number of low-income homes the applicant— 

(A) has built, renovated, repaired, or made more energy 

efficient as of the date of the application; and 

(B) can reasonably be projected to build, renovate, repair, 

or make energy efficient during the 10-year period beginning on the date of the application; 

(2) the qualifications, experience, and past performance of the 

applicant, including experience successfully managing and administering Federal funds; 

(3) the number and diversity of States and climates in which 

the applicant works as of the date of the application; 

(4) the amount of non-Federal funds, donated or discounted 

materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the 

applicant will provide; 

(5) the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain 

the program after the grant funds have been expended; 

(6) regional diversity; 

(7) urban, suburban, and rural localities; and 

(8) such other factors as the Secretary determines to be appropriate. 

(e) APPLICATIONS.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this section, the Secretary shall request proposals 

from covered organizations. 

(2) ADMINISTRATION.—To be eligible to receive a grant under 

this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. 

(3) AWARDS.—Not later than 90 days after the date of 

issuance of a request for proposals, the Secretary shall award 

grants under this section. 

(f) ELIGIBLE USES OF GRANT FUNDS.—A grant under this section 

may be used for— 

(1) energy efficiency audits, cost-effective retrofit, and related 

activities in different climatic regions of the United States; 

(2) energy efficiency materials and supplies; 

(3) organizational capacity— 

(A) to significantly increase the number of energy retrofits; 


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(B) to replicate an energy retrofit program in other 

States; and 

(C) to ensure that the program is self-sustaining after the 

Federal grant funds are expended; 

(4) energy efficiency, audit and retrofit training, and ongoing 

technical assistance; 

(5) information to homeowners on proper maintenance and 

energy savings behaviors; 

(6) quality control and improvement; 

(7) data collection, measurement, and verification; 

(8) program monitoring, oversight, evaluation, and reporting; 

(9) management and administration (up to a maximum of 10 

percent of the total grant); 

(10) labor and training activities; and 

(11) such other activities as the Secretary determines to be appropriate. 

(g) MAXIMUM AMOUNT.— 

(1) IN GENERAL.—The amount of a grant provided under this 

section shall not exceed— 

(A) if the amount made available to carry out this section for a fiscal year is $225,000,000 or more, $5,000,000; and 

(B) if the amount made available to carry out this section for a fiscal year is less than $225,000,000, $1,500,000. 

(2) TECHNICAL AND TRAINING ASSISTANCE.—The total amount 

of a grant provided under this section shall be reduced by the 

cost of any technical and training assistance provided by the 

Secretary that relates to the grant. 

(h) GUIDELINES.— (1) IN GENERAL.—Not later than 90 days after the date of enactment of this section, the Secretary shall issue guidelines to 

implement the grant program established under this section. 

(2) ADMINISTRATION.—The guidelines— 

(A) shall not apply to the Weatherization Assistance Program for Low-Income Persons, in whole or major part; but 

(B) may rely on applicable provisions of law governing 

the Weatherization Assistance Program for Low-Income 

Persons to establish— 

(i) standards for allowable expenditures; 

(ii) a minimum savings-to-investment ratio; 

(iii) standards— 

(I) to carry out training programs; 

(II) to conduct energy audits and program activities; 

(III) to provide technical assistance; 

(IV) to monitor program activities; and 

(V) to verify energy and cost savings; 

(iv) liability insurance requirements; and 

(v) recordkeeping requirements, which shall include 

reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. 

(i) REVIEW AND EVALUATION.—The Secretary shall review and 

evaluate the performance of any covered organization that receives 

a grant under this section (which may include an audit), as determined by the Secretary. 


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(j) COMPLIANCE WITH STATE AND LOCAL LAW.—Nothing in this 

section or any program carried out using a grant provided under 

this section supersedes or otherwise affects any State or local law, 

to the extent that the State or local law contains a requirement that 

is more stringent than the applicable requirement of this section. 

(k) ANNUAL REPORTS.—The Secretary shall submit to Congress 

annual reports that provide— 

(1) findings; 

(2) a description of energy and cost savings achieved and actions taken under this section; and 

(3) any recommendations for further action. 

(l) FUNDING.—Of the amount of funds that are made available to 

carry out the Weatherization Assistance Program for each of fiscal 

years 2016 through 2020 under section 422, the Secretary shall use 

to carry out this section for each of fiscal years 2016 through 2020 

not less than— 

(1) 2 percent of the amount if the amount is less than $225,000,000; 

(2) 5 percent of the amount if the amount is $225,000,000 or more but less than $260,000,000; and 

(3) 10 percent of the amount if the amount is $260,000,000 

or more. 

* * * * * * * 

SEC. 415. LIMITATIONS. 

* * * * * * * 

(f) STANDARDS PROGRAM.— (1) CONTRACTOR QUALIFICATION.—Effective beginning January 1, 2016, to be eligible to carry out weatherization using 

funds made available under this part, a contractor shall be selected through a competitive bidding process and be— 

(A) accredited by the Building Performance Institute; 

(B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or 

(C) accredited by an equivalent accreditation or program 

accreditation-based State certification program approved by 

the Secretary. 

(2) GRANTS FOR ENERGY RETROFIT MODEL PROGRAMS.— 

(A) IN GENERAL.—To be eligible to receive a grant under 

section 414C, a covered organization (as defined in section 

414C(b)) shall use a crew chief who— 

(i) is certified or accredited in accordance with paragraph (1); and 

(ii) supervises the work performed with grant funds. 

(B) VOLUNTEER LABOR.—A volunteer who performs work 

for a covered organization that receives a grant under section 414C shall not be required to be certified under this 

subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require 

skilled labor. 

(C) TRAINING.—The Secretary shall use training and 

technical assistance funds available to the Secretary to assist covered organizations under section 414C in providing 

training to obtain certification required under this subsection, including provisional or temporary certification. 


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(3) MINIMUM EFFICIENCY STANDARDS.—Effective beginning 

October 1, 2016, the Secretary shall ensure that— 

(A) each retrofit for which weatherization assistance is 

provided under this part meets minimum efficiency and 

quality of work standards established by the Secretary after 

weatherization of a dwelling unit; 

(B) at least 10 percent of the dwelling units are randomly 

inspected by a third party accredited under this subsection 

to ensure compliance with the minimum efficiency and 

quality of work standards established under subparagraph 

(A); and 

(C) the standards established under this subsection meet 

or exceed the industry standards for home performance 

work that are in effect on the date of enactment of this subsection, as determined by the Secretary. 

* * * * * * * 

AUTHORIZATION OF APPROPRIATIONS 

SEC. 422. For the purpose of carrying out the weatherization program under this part, there are authorized to be øappropriated— 

ø(1) $750,000,000 for fiscal year 2008; 

ø(2) $900,000,000 for fiscal year 2009; 

ø(3) $1,050,000,000 for fiscal year 2010; 

ø(4) $1,200,000,000 for fiscal year 2011; and 

ø(5) $1,400,000,000 for fiscal year 2012.¿ appropriated $350,000,000 for each of fiscal years 2016 through 2020. 

* * * * * * * 

ENERGY INDEPENDENCE AND SECURITY ACT 

OF 2007 

Public Law 110–140, as amended 

* * * * * * * 

SEC.136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM. 

* * * * * * * 

ø(f) FEES.—Administrative costs shall be no more than $100,000 

or 10 basis point of the loan.¿ 

(f) FEES.— 

(1) IN GENERAL.—The Secretary shall charge and collect fees 

for loans provided under this section in amounts that the Secretary determines are sufficient to cover applicable administrative expenses associated with the loans, including reasonable 

closing fees on the loans. 

(2) AVAILABILITY.—Fees collected under paragraph (1) shall— 

(A) be deposited by the Secretary into the Treasury; and 

(B) remain available until expended, subject to such other 

conditions as are contained in annual appropriations Acts. 

* * * * * * * 


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SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM ELIGIBILITY FOR VESSELS. 

(a) DEFINITION OF VESSEL.—In this section, the term ‘‘vessel’’ 

means a vessel (as defined in section 3 of title 1, United States 

Code), whether in existence or under construction, that has been 

issued a certificate of documentation as a United States flagged vessel under chapter 121 of title 46, United States Code and that meets 

the standards established under section 4005(a) of the Energy Policy 

Modernization Act of 2015. 

(b) ELIGIBILITY.—Subject to the terms and conditions of subsections (d) and (f) of section 136, projects for the reequipping, expanding, or establishing of a manufacturing facility in the United 

States to produce vessels shall be considered eligible for direct loans 

under section 136(d). 

(c) FUNDING.— 

(1) PROHIBITION ON USE OF EXISTING CREDIT SUBSIDY.—None 

of the projects made eligible under this section shall be eligible 

to receive any credit subsidy provided under section 136 before 

the date of enactment of this section. 

(2) SPECIFIC APPROPRIATION OR CONTRIBUTION.—The authority under this section to incur indebtedness, or enter into contracts, obligating amounts to be expended by the Federal Government shall be effective for any fiscal year only— 

(A)(i) to such extent or in such amounts as are provided 

in advance by appropriation Acts; and 

(ii) if the borrower has agreed to pay a reasonable percentage of the cost of the obligation; or 

(B) if the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the 

payment into the Treasury. 

* * * * * * * 

SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS. 

* * * * * * * 

(h) IDENTIFICATION OF CERTIFICATION øSYSTEM¿ Systems.— 

ø(1) IN GENERAL.—For the purpose of this section, not later 

than 60 days after the date of enactment of this Act, the Federal Director shall identify and shall provide to the Secretary 

pursuant to section 305(a)(3)(D) of the Energy Conservation 

and Production Act (42 U.S.C. 6834(a)(3)(D)), a certification 

system that the Director determines to be the most likely to 

encourage a comprehensive and environmentally-sound approach to certification of green buildings.¿ 

(1) IN GENERAL.—Based on an ongoing review, the Federal 

Director shall identify and shall provide to the Secretary pursuant to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those certification systems that the Director identifies as the most likely to 

encourage a comprehensive and environmentally sound approach to certification of green buildings. 

(2) BASIS.—The øsystem¿ systems identified under paragraph 

(1) shall be based on— 

ø(A) a study completed every 5 years and provided to the 

Secretary pursuant to section 305(a)(3)(D) of that Act, 


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which shall be carried out by the Federal Director to compare and evaluate standards;¿ 

(A) an ongoing review provided to the Secretary pursuant 

to section 305(a)(3)(D) of the Energy Conservation and Production Act (42 U.S.C. 6834(a)(3)(D)), which shall— (i) be carried out by the Federal Director to compare 

and evaluate standards; and 

(ii) allow any developer or administrator of a rating 

system or certification system to be included in the review; 

(B) the ability and availability of assessors and auditors 

to independently verify the criteria and measurement of 

metrics at the scale necessary to implement this subtitle; 

(C) the ability of the applicable standard-setting organization to collect and reflect public comment; 

(D) the ability of the standard to be developed and revised through a consensus-based process; 

(E) an evaluation of the robustness of the criteria for a 

high-performance green building, which shall give credit 

for promoting—(i) efficient and sustainable use of water, 

energy, and other natural resources; (ii) use of renewable 

energy sources; (iii) improved indoor environmental quality 

through enhanced indoor air quality, thermal comfort, 

acoustics, day lighting, pollutant source control, and use of 

low-emission materials and building system controls; (iv) 

reduced impacts from transportation through building location and site design that promote access by public transportation; and (v) such other criteria as the Federal Director determines to be appropriate; øand¿ 

(F) national recognition within the building industryø.¿; 

(G) a finding that, for all credits addressing grown, harvested, or mined materials, the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing; and 

(H) a finding that the system incorporates life-cycle assessment as a credit pathway. 

* * * * * * * 

SEC. 452. øENERGY-INTENSIVE INDUSTRIES PROGRAM.¿ FUTURE OF 

INDUSTRY PROGRAM. 

(a) DEFINITIONS.—In this section: 

* * * * * * * 

(3) ENERGY SERVICE PROVIDER.—The term ‘‘energy service 

provider’’ means any business providing technology or services 

to improve the energy efficiency, water efficiency, power factor, 

or load management of a manufacturing site or other industrial 

process in an energy-intensive industry, or any utility operating 

under a utility energy service project. 

ø(3)¿(4) FEEDSTOCK.—The term ‘‘feedstock’’ means the raw 

material supplied for use in manufacturing, chemical, and biological processes. 

ø(4)¿(5) PARTNERSHIP.—The term ‘‘partnership’’ means an 

energy efficiency partnership established under subsection 

(c)(1)(A). 


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ø(5)¿(6) PROGRAM.—The term ‘‘program’’ means the energyintensive industries program established under subsection (b). 

(b) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish 

a program under which the Secretary, in cooperation with energyintensive industries and national industry trade associations representing the energy-intensive industries, shall support, research, 

develop, and promote the use of new materials processes, technologies, and techniques to optimize energy efficiency and the economic competitiveness of the United States’ industrial and commercial sectors. 

* * * * * * * 

(e) INSTITUTION OF HIGHER EDUCATION-BASED INDUSTRIAL RE- SEARCH AND ASSESSMENT CENTERS.—øThe Secretary¿ 

(1) IN GENERAL.—The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers, whose purpose shall be— 

ø(1)¿(A) to identify opportunities for optimizing energy 

efficiency and environmental performance, including assessments of sustainable manufacturing goals and the implementation of information technology advancements for 

supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes; 

ø(2)¿(B) to promote applications of emerging concepts 

and technologies in small- and medium-sized manufacturers; 

ø(3)¿(C) to promote research and development for the 

use of alternative energy sources to supply heat, power, 

and new feedstocks for energy-intensive industries; 

ø(4)¿(D) to coordinate with appropriate Federal and 

State research offices, and provide a clearinghouse for industrial process and energy efficiency technical assistance 

resources; and 

ø(5)¿(E) to coordinate with State-accredited technical 

training centers and community colleges, while ensuring 

appropriate services to all regions of the United States. 

(2) COORDINATION.—To increase the value and capabilities of 

the industrial research and assessment centers, the centers 

shall— 

(A) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and 

Technology; 

(B) coordinate with the Building Technologies Program 

of the Department of Energy to provide building assessment 

services to manufacturers; 

(C) increase partnerships with the National Laboratories 

of the Department of Energy to leverage the expertise and 

technologies of the National Laboratories for national industrial and manufacturing needs; 

(D) increase partnerships with energy service providers 

and technology providers to leverage private sector expertise 

and accelerate deployment of new and existing technologies 

and processes for energy efficiency, power factor, and load 

management; 

(E) identify opportunities for reducing greenhouse gas 

emissions; and 


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(F) promote sustainable manufacturing practices for 

small- and medium-sized manufacturers. 

(3) OUTREACH.—The Secretary shall provide funding for— 

(A) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services 

available; and 

(B) coordination activities by each industrial research 

and assessment center to leverage efforts with— 

(i) Federal and State efforts; 

(ii) the efforts of utilities and energy service providers; 

(iii) the efforts of regional energy efficiency organizations; and 

(iv) the efforts of other industrial research and assessment centers. 

(4) WORKFORCE TRAINING.— (A) IN GENERAL.—The Secretary shall pay the Federal 

share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of 

industrial research and assessment centers. 

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

carrying out internship programs described in subparagraph (A) shall be 50 percent. 

(5) SMALL BUSINESS LOANS.—The Administrator of the Small 

Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible 

small business concerns for loans under the Small Business Act 

(15 U.S.C. 631 et seq.) to implement recommendations of industrial research and assessment centers established under paragraph (1). 

(6) ADVANCED MANUFACTURING STEERING COMMITTEE.—The 

Secretary shall establish an advisory steering committee to provide recommendations to the Secretary on planning and implementation of the Advanced Manufacturing Office of the Department of Energy. 

* * * * * * * 

SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS. 

* * * * * * * 

(b) VOLUNTARY NATIONAL INFORMATION PROGRAM.— 

(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary and the Administrator of the 

Environmental Protection Agency shall, after consulting with 

information technology industry and other interested parties, 

initiate a voluntary national information program for those 

types of data centers and data center equipment and facilities 

that are widely used and for which there is a potential for significant data center energy savings as a result of the program. 

(2) REQUIREMENTS.—The program described in paragraph (1) 

shall— 

(A) address data center efficiency holistically, reflecting 

the total energy consumption of data centers as whole systems, including both equipment and facilities; 


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(B) consider prior work and studies undertaken in this 

area, including by the Environmental Protection Agency 

and the Department of Energy; 

(C) consistent with the objectives described in paragraph 

(1), determine the type of data center and data H. R. 6— 

147 center equipment and facilities to be covered under 

the program; 

(D) produce specifications, measurements, best practices, 

and benchmarks that will enable data center operators to 

make more informed decisions about the energy efficiency 

and costs of data centers, and that take into account— 

(i) the performance and use of servers, data storage 

devices, and other information technology equipment; 

(ii) the efficiency of heating, ventilation, and air conditioning, cooling, and power conditioning systems, 

provided that no modification shall be required of a 

standard then in effect under the Energy Policy and 

Conservation Act (42 U.S.C. 6201 et seq.) for any covered heating, ventilation, air-conditioning, cooling or 

power-conditioning product; 

(iii) energy savings from the adoption of software 

and data management techniques; and 

(iv) other factors determined by øthe organization¿ 

an organization described in subsection (c); 

(E) allow for creation of separate specifications, measurements, and benchmarks based on data center size and 

function, as well as other appropriate characteristics; 

(F) advance the design and implementation of efficiency 

technologies to the maximum extent economically practical; 

(G) provide to data center operators in the private sector 

and the Federal Government information about best practices and purchasing decisions that reduce the energy consumption of data centers; and 

(H) publish the information described in subparagraph 

(G), which may be disseminated through catalogs, trade 

publications, the Internet, or other mechanisms, that will 

allow data center operators to assess the energy consumption and potential cost savings of alternative data centers 

and data center equipment and facilities. 

ø(3) PROCEDURES.—The program described in paragraph (1) 

shall be developed in consultation with and coordinated by the 

organization described in subsection (c) according to commonly 

accepted procedures for the development of specifications, 

measurements, and benchmarks.¿ 

ø(c) DATA CENTER EFFICIENCY ORGANIZATION.— 

ø(1) IN GENERAL.—After the establishment of the program 

described in subsection (b), the Secretary and the Administrator shall jointly designate an information technology industry organization to consult with and to coordinate the program. 

ø(2) REQUIREMENTS.—The organization designated under 

paragraph (1), whether preexisting or formed specifically for 

the purposes of subsection (b), shall— 

ø(A) consist of interested parties that have expertise in 

energy efficiency and in the development, operation, and 


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functionality of computer data centers, information technology equipment, and software, as well as representatives 

of hardware manufacturers, data center operators, and facility managers; 

ø(B) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public 

interest group with applicable expertise in any of the areas 

listed in paragraph (1); 

ø(C) follow commonly accepted procedures for the development of specifications and accredited standards development processes; ( 

øD) have a mission to develop and promote energy efficiency for data centers and information technology; and 

ø(E) have the primary responsibility to consult in the development and publishing of the information, measurements, and benchmarks described in subsection (b) and 

transmission of the information to the Secretary and the 

Administrator for consideration under subsection (d). 

ø(d) MEASUREMENTS AND SPECIFICATIONS.— 

ø(1) IN GENERAL.—The Secretary and the Administrator 

shall consider the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and 

other efficiency programs of the Department of Energy and Environmental Protection Agency, respectively. 

ø(2) REJECTIONS.—If the Secretary or the Administrator rejects 1 or more specifications, measurements, or benchmarks 

described in subsection (b), the rejection shall be made consistent with section 12(d) of the National Technology Transfer 

and Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 

104–113). 

ø(3) DETERMINATION OF IMPRACTICABILITY.—A determination 

that a specification, measurement, or benchmark described in 

subsection (b) is impractical may include consideration of the 

maximum efficiency that is technologically feasible and economically justified. 

ø(e) MONITORING.—The Secretary and the Administrator shall— 

ø(1) monitor and evaluate the efforts to develop the program 

described in subsection (b); and 

ø(2) not later than 3 years after the date of enactment of this 

Act, make a determination as to whether the program is consistent with the objectives of subsection (b). 

ø(f) ALTERNATIVE SYSTEM.—If the Secretary and the Administrator make a determination under subsection (e) that a voluntary 

national information program for data centers consistent with the 

objectives of subsection (b) has not been developed, the Secretary 

and the Administrator shall, after consultation with the National 

Institute of Standards and Technology and not later than 2 years 

after the determination, develop and implement the program under 

subsection (b). 

ø(g) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary, 

the Administrator, or the data center efficiency organization shall 

not disclose any proprietary information or trade secrets provided 


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by any individual or company for the purposes of carrying out this 

section or the program established under this section.¿ 

(c) STAKEHOLDER INVOLVEMENT.— (1) IN GENERAL.—The Secretary and the Administrator shall 

carry out subsection (b) in consultation with the information 

technology industry and other key stakeholders, with the goal of 

producing results that accurately reflect the best knowledge in 

the most pertinent domains. 

(2) CONSIDERATIONS.—In carrying out consultation described 

in paragraph (1), the Secretary and the Administrator shall pay 

particular attention to organizations that— 

(A) have members with expertise in energy efficiency and 

in the development, operation, and functionality of data 

centers, information technology equipment, and software, 

including representatives of hardware manufacturers, data 

center operators, and facility managers; 

(B) obtain and address input from the National Laboratories (as that term is defined in section 2 of the Energy 

Policy Act of 2005 (42 U.S.C. 15801)) or any institution of 

higher education, research institution, industry association, 

company, or public interest group with applicable expertise; 

(C) follow— 

(i) commonly accepted procedures for the development of specifications; and 

(ii) accredited standards development processes; or 

(D) have a mission to promote energy efficiency for data 

centers and information technology. 

(d) MEASUREMENTS AND SPECIFICATIONS.—The Secretary and the 

Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection 

(b) for use by the Federal Energy Management Program, the Energy 

Star Program, and other efficiency programs of the Department of 

Energy or the Environmental Protection Agency. 

(e) STUDY.—The Secretary, in consultation with the Administrator, not later than 18 months after the date of enactment of the 

Energy Policy Modernization Act of 2015, shall make available to 

the public an update to the report submitted to Congress pursuant 

to section 1 of the Act of December 20, 2006 (Public Law 109–431; 

120 Stat. 2920), entitled ‘‘Report to Congress on Server and Data 

Center Energy Efficiency’’ and dated August 2, 2007, that provides— 

(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; 

(2) an analysis considering the impact of information technologies, including virtualization and cloud computing, in the 

public and private sectors; 

(3) an evaluation of the impact of the combination of cloud 

platforms, mobile devices, social media, and big data on data 

center energy usage; 

(4) an evaluation of water usage in data centers and recommendations for reductions in such water usage; and 

(5) updated projections and recommendations for best practices through fiscal year 2020. 

(f) DATA CENTER ENERGY PRACTITIONER PROGRAM.— 


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(1) IN GENERAL.—The Secretary, in consultation with key 

stakeholders and the Director of the Office of Management and 

Budget, shall maintain a data center energy practitioner program that provides for the certification of energy practitioners 

qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. 

(2) EVALUATIONS.—Each Federal agency shall consider having the data centers of the agency evaluated once every 4 years 

by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the 

agency. 

(g) OPEN DATA INITIATIVE.— 

(1) IN GENERAL.—The Secretary, in consultation with key 

stakeholders and the Director of the Office of Management and 

Budget, shall establish an open data initiative for Federal data 

center energy usage data, with the purpose of making the data 

available and accessible in a manner that encourages further 

data center innovation, optimization, and consolidation. 

(2) CONSIDERATION.—In establishing the initiative under 

paragraph (1), the Secretary shall consider using the online 

Data Center Maturity Model. 

(h) INTERNATIONAL SPECIFICATIONS AND METRICS.—The Secretary, in consultation with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for 

data center energy and water efficiency. 

(i) DATA CENTER UTILIZATION METRIC.—The Secretary, in collaboration with key stakeholders, shall facilitate in the development 

of an efficiency metric that measures the energy efficiency of a data 

center (including equipment and facilities). 

(j) PROTECTION OF PROPRIETARY INFORMATION.—The Secretary 

and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the 

purposes of carrying out this section or the programs and initiatives 

established under this section. 

* * * * * * * 

SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. 

(a) PURPOSES.—The purposes of this section are— 

(1) to improve the components, processes, and systems used 

for geothermal heat pumps and the direct use of geothermal energy; and 

(2) to increase the energy efficiency, lower the cost, increase 

the use, and improve and demonstrate the applicability of geothermal heat pumps to, and the direct use of geothermal energy 

in, large buildings, commercial districts, residential communities, and large municipal, agricultural, or industrial projects. 

(b) DEFINITIONS.—In this section: 

(1) DIRECT USE OF GEOTHERMAL ENERGY.—The term ‘‘direct 

use of geothermal energy’’ means systems that use water that is 

at a temperature between approximately 38 degrees Celsius and 

149 degrees Celsius directly or through a heat exchanger to provide— 

(A) heating to buildings; or 

(B) heat required for industrial processes, agriculture, 

aquaculture, and other facilities. 


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(2) GEOTHERMAL HEAT PUMP.—The term ‘‘geothermal heat 

pump’’ means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using— 

(A) a closed loop system, which transfers heat by way of 

buried or immersed pipes that contain a mix of water and 

working fluid; or 

(B) an open loop system, which circulates ground or surface water directly into the building and returns the water 

to the same aquifer or surface water source. 

(3) LARGE-SCALE APPLICATION.—The term ‘‘large-scale application’’ means an application for space or process heating or 

cooling for large entities with a name-plate capacity, expected 

resource, or rating of 10 or more megawatts, such as a large 

building, commercial district, residential community, or a large 

municipal, agricultural, or industrial project. 

(c) PROGRAM.— 

(1) IN GENERAL.—The Secretary shall establish a program of 

research, development, and demonstration for geothermal heat 

pumps and the direct use of geothermal energy. 

(2) AREAS.—The program may include research, development, 

demonstration, and commercial application of— 

(A) geothermal ground loop efficiency improvements 

through more efficient heat transfer fluids; 

(B) geothermal ground loop efficiency improvements 

through more efficient thermal grouts for wells and trenches; 

(C) geothermal ground loop installation cost reduction 

through— 

(i) improved drilling methods; 

(ii) improvements in drilling equipment; 

(iii) improvements in design methodology and energy 

analysis procedures; and 

(iv) improved methods for determination of ground 

thermal properties and ground temperatures; 

(D) installing geothermal ground loops near the foundation walls of new construction to take advantage of existing 

structures; 

(E) using gray or black wastewater as a method of heat 

exchange; 

(F) improving geothermal heat pump system economics 

through integration of geothermal systems with other building systems, including providing hot and cold water and 

rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery; 

(G) advanced geothermal systems using variable pumping rates to increase efficiency; 

(H) geothermal heat pump efficiency improvements; 

(I) use of hot water found in mines and mine shafts and 

other surface waters as the heat exchange medium; 

(J) heating of districts, neighborhoods, communities, 

large commercial or public buildings (including office, retail, educational, government, and institutional buildings 

and multifamily residential buildings and campuses), and 

industrial and manufacturing facilities; 


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(K) geothermal system integration with solar thermal 

water heating or cool roofs and solar-regenerated desiccants 

to balance loads and use building hot water to store geothermal energy; 

(L) use of hot water coproduced from oil and gas recovery; 

(M) use of water sources at a temperature of less than 

150 degrees Celsius for direct use; 

(N) system integration of direct use with geothermal electricity production; and 

(O) coproduction of heat and power, including on-site 

use. 

(3) ENVIRONMENTAL IMPACTS.—In carrying out the program, 

the Secretary shall identify and mitigate potential environmental impacts in accordance with section 614(c). 

(d) GRANTS.— 

(1) IN GENERAL.—The Secretary shall make grants available 

to State and local governments, institutions of higher education, 

nonprofit entities, utilities, and for-profit companies (including 

manufacturers of heat-pump and direct-use components and 

systems) to promote the development of geothermal heat pumps 

and the direct use of geothermal energy. 

(2) PRIORITY.—In making grants under this subsection, the 

Secretary shall give priority to proposals that apply to large 

buildings (including office, retail, educational, government, institutional, and multifamily residential buildings and campuses and industrial and manufacturing facilities), commercial 

districts, and residential communities. 

(3) NATIONAL SOLICITATION.—Not later than 180 days after 

the date of enactment of this section, the Secretary shall conduct 

a national solicitation for applications for grants under this 

section. 

(e) REPORTS.— (1) IN GENERAL.—Not later than 2 years after the date of enactment of this section and annually thereafter, the Secretary 

shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and 

Technology of the House of Representatives a report on progress 

made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy. 

(2) AREAS.—Each of the reports required under this subsection shall include— 

(A) an analysis of progress made in each of the areas described in subsection (c)(2); and 

(B)(i) a description of any relevant recommendations 

made during a review of the program; and 

(ii) any plans to address the recommendations under 

clause (i). 

* * * * * * * 

SEC. 632. DEFINITION. 

For purposes of this subtitle, the term ‘‘marine and hydrokinetic 

renewable energy’’ means øelectrical¿ energy from— 

(1) waves, tides, and currents in oceans, estuaries, and tidal 

areas; 


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(2) free flowing water in rivers, lakes, and streams; 

(3) free flowing water in man-made channels; and 

(4) differentials in ocean temperature (ocean thermal energy 

conversion). 

The term ‘‘marine and hydrokinetic renewable energy’’ does not 

include energy from any source that uses a dam, diversionary 

structure, or impoundment for electric power purposes. 

øSEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. 

ø(a) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior and the Secretary of Commerce, acting 

through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish a program of research, development, demonstration, and commercial application to expand marine and 

hydrokinetic renewable energy production, including programs to— 

ø(1) study and compare existing marine and hydrokinetic renewable energy technologies; 

ø(2) research, develop, and demonstrate marine and 

hydrokinetic renewable energy systems and technologies; 

ø(3) reduce the manufacturing and operation costs of marine 

and hydrokinetic renewable energy technologies; 

ø(4) investigate efficient and reliable integration with the 

utility grid and intermittency issues; 

ø(5) advance wave forecasting technologies; 

ø(6) conduct experimental and numerical modeling for optimization of marine energy conversion devices and arrays; 

ø(7) increase the reliability and survivability of marine and 

hydrokinetic renewable energy technologies, including development of corrosive-resistant materials; 

ø(8) identify, in conjunction with the Secretary of Commerce, 

acting through the Under Secretary of Commerce for Oceans 

and Atmosphere, and other Federal agencies as appropriate, 

the potential environmental impacts, including potential impacts on fisheries and other marine resources, of marine and 

hydrokinetic renewable energy technologies, measures to prevent adverse impacts, and technologies and other means available for monitoring and determining environmental impacts; 

ø(9) identify, in conjunction with the Secretary of the Department in which the United States Coast Guard is operating, acting through the Commandant of the United States Coast 

Guard, the potential navigational impacts of marine and 

hydrokinetic renewable energy technologies and measures to 

prevent adverse impacts on navigation; 

ø(10) develop power measurement standards for marine and 

hydrokinetic renewable energy; 

ø(11) develop identification standards for marine and 

hydrokinetic renewable energy devices; 

ø(12) address standards development, demonstration, and 

technology transfer for advanced systems engineering and system integration methods to identify critical interfaces; 

ø(13) identifying opportunities for cross fertilization and development of economies of scale between other renewable 

sources and marine and hydrokinetic renewable energy 

sources; and 


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ø(14) providing public information and opportunity for public 

comment concerning all technologies. 

ø(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary, in conjunction with the Secretary 

of Commerce, acting through the Undersecretary of Commerce for 

Oceans and Atmosphere, and the Secretary of the Interior, shall 

provide to the Congress a report that addresses— 

ø(1) the potential environmental impacts, including impacts 

to fisheries and marine resources, of marine and hydrokinetic 

renewable energy technologies; 

ø(2) options to prevent adverse environmental impacts; 

ø(3) the potential role of monitoring and adaptive management in identifying and addressing any adverse environmental 

impacts; and 

ø(4) the necessary components of such an adaptive management program.¿ 

SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND DEVELOPMENT. 

The Secretary, in consultation with the Secretary of the Interior, 

the Secretary of Commerce, and the Federal Energy Regulatory 

Commission, shall carry out a program of research, development, 

demonstration, and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production 

into the United States energy supply, giving priority to fostering accelerated research, development, and commercialization of technology, including programs— 

(1) to assist technology development to improve the components, processes, and systems used for power generation from 

marine and hydrokinetic renewable energy resources; 

(2) to establish critical testing infrastructure necessary— 

(A) to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices; and 

(B) to accelerate the technological readiness and commercialization of those devices; 

(3) to support efforts to increase the efficiency of energy conversion, lower the cost, increase the use, improve the reliability, 

and demonstrate the applicability of marine and hydrokinetic 

renewable energy technologies by participating in demonstration projects; 

(4) to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy 

with the utility grid; 

(5) to identify and study critical short- and long-term needs 

to create a sustainable marine and hydrokinetic renewable energy supply chain based in the United States; 

(6) to increase the reliability and survivability of marine and 

hydrokinetic renewable energy technologies; 

(7) to verify the performance, reliability, maintainability, and 

cost of new marine and hydrokinetic renewable energy device 

designs and system components in an operating environment, 

and consider the protection of critical infrastructure, such as 

adequate separation between marine and hydrokinetic devices 

and projects and submarine telecommunications cables, including consideration of established industry standards; 


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(8) to coordinate and avoid duplication of activities across 

programs of the Department and other applicable Federal agencies, including National Laboratories and to coordinate publicprivate collaboration in all programs under this section; 

(9) to identify opportunities for joint research and development programs and development of economies of scale between— 

(A) marine and hydrokinetic renewable energy technologies; and 

(B) other renewable energy and fossil energy programs, 

offshore oil and gas production activities, and activities of 

the Department of Defense; and 

(10) to support in-water technology development with international partners using existing cooperative procedures (including memoranda of understanding)— 

(A) to allow cooperative funding and other support of 

value to be exchanged and leveraged; and 

(B) to encourage the participation of international research centers and companies within the United States and 

the participation of United States research centers and 

companies in international projects. 

SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. 

(a) CENTERS.—The Secretary shall award grants to institutions of 

higher education (or consortia thereof) for the establishment of 1 or 

more National Marine Renewable Energy Research, Development, 

and Demonstration Centers. In selecting locations for Centers, the 

Secretary shall consider sites that meet one of the following criteria: 

(1) Hosts an existing marine renewable energy research and 

development program in coordination with an engineering program at an institution of higher education. 

(2) Has proven expertise to support environmental and policy-related issues associated with harnessing of energy in the 

marine environment. 

(3) Has access to and utilizes the marine resources in the 

Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean. 

The Secretary may give special consideration to historically black 

colleges and universities and land grant universities that also meet 

one of these criteria. In establishing criteria for the selection of the 

Centers, the Secretary shall consult with the Secretary of Commerce, acting through the Under Secretary of Commerce for 

Oceans and Atmosphere, on the criteria related to ocean waves, 

tides, and currents including those for advancing wave forecasting 

technologies, ocean temperature differences, and studying the compatibility of marine renewable energy technologies and systems 

with the environment, fisheries, and other marine resources. 

ø(b) PURPOSES.—The Centers shall advance research, development, demonstration, and commercial application of marine renewable energy, and shall serve as an information clearinghouse for 

the marine renewable energy industry, collecting and disseminating information on best practices in all areas related to developing and managing enhanced marine renewable energy systems 

resources.¿ 


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(b) PURPOSES.—A Center (in coordination with the Department 

and National Laboratories) shall— 

(1) advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; 

(2) support in-water testing and demonstration of marine and 

hydrokinetic renewable energy technologies, including facilities 

capable of testing— 

(A) marine and hydrokinetic renewable energy systems of 

various technology readiness levels and scales; 

(B) a variety of technologies in multiple test berths at a 

single location; and 

(C) arrays of technology devices; and 

(3) serve as information clearinghouses for the marine and 

hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating 

to developing and managing marine and hydrokinetic renewable energy resources and energy systems. 

(c) DEMONSTRATION OF NEED.—When applying for a grant under 

this section, an applicant shall include a description of why Federal 

support is necessary for the Center, including evidence that the research of the Center will not be conducted in the absence of Federal support. 

* * * * * * * 

SEC. 636. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary to carry 

out this subtitle ø$50,000,000 for each of the fiscal years 2008 

through 2012¿ $55,000,000 for each of fiscal years 2017 and 2018 

and $60,000,000 for each of fiscal years 2019 through 2021, except 

that no funds shall be appropriated under this section for activities 

that are receiving funds under section 931(a)(2)(E)(i) of the Energy 

Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)). 

* * * * * * * 

SEC. 641. ENERGY STORAGE COMPETITIVENESS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘United 

States Energy Storage Competitiveness Act of 2007’’. 

* * * * * * * 

(h) ENERGY STORAGE RESEARCH CENTERS.— 

* * * * * * * 

(2) PROGRAM MANAGEMENT.—The centers shall be managed 

by the øUnder Secretary for Science¿ Under Secretary for 

Science and Energy of the Department. 

* * * * * * * 

SEC. 703. CARBON CAPTURE. 

(a) PROGRAM ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary shall carry out a program to 

demonstrate technologies for the large-scale capture of carbon 

dioxide from industrial sources. In making awards under this 

program, the Secretary shall select, as appropriate, a diversity 

of capture technologies to address the need to capture carbon 

dioxide from a range of industrial sources. 


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(2) SCOPE OF AWARD.—Awards under this section shall be 

only for the portion of the project that— 

(A) carries out the large-scale capture (including purification and compression) of carbon dioxide from industrial 

sources; 

(B) provides for the transportation and injection of carbon dioxide; and 

(C) incorporates a comprehensive measurement, monitoring, and validation program. 

(3) PREFERENCES FOR AWARD.—øTo ensure reduced carbon 

dioxide emissions, the Secretary shall take necessary actions to 

provide for the integration of the program under this paragraph with the large-scale carbon dioxide sequestration tests 

described in section 963(c)(3) of the Energy Policy Act of 2005 

(42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle. 

These actions should not delay implementation of these 

tests.¿The Secretary shall give priority consideration to 

projects with the following characteristics: 

(A) CAPACITY.—Projects that will capture a high percentage of the carbon dioxide in the treated stream and large 

volumes of carbon dioxide as determined by the Secretary. 

(B) SEQUESTRATION.—Projects that capture carbon dioxide from industrial sources that are near suitable geological reservoirs and could continue sequestration øincluding— 

ø(i) a field testing validation activity under section 

963 of the Energy Policy Act of 2005 (42 U.S.C. 

16293), as amended by this Act; or 

ø(ii) other geologic sequestration projects approved 

by the Secretary.¿, including such geologic sequestration projects as are approved by the Secretary. 

(4) REQUIREMENT.—For projects that generate carbon dioxide 

that is to be sequestered, the carbon dioxide stream shall be 

of a sufficient purity level to allow for safe transport and sequestration. 

(5) COST-SHARING.—The cost-sharing requirements of section 

988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) for research and development projects shall apply to this section. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section 

$200,000,000 per year for fiscal years 2009 through 2013. 

SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS. 

The Secretary shall enter into an arrangement with the National 

Academy of Sciences for an independent review and oversight, beginning in 2011, of the programs øunder section 963(c)(3) of the 

Energy Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this subtitle, and¿ under section 703 of this subtitle, to 

ensure that the benefits of such programs are maximized. Not later 

than January 1, 2012, the Secretary shall transmit to the Congress 

a report on the results of such review and oversight. 

* * * * * * * 


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ENERGY POLICY ACT OF 2005 

Public Law 109–58, as amended 

* * * * * * * 

øSEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY. 

ø(a) DEFINITION OF ENERGY INTENSITY.—In this section, the term 

‘‘energy intensity’’ means the primary energy consumed for each 

unit of physical output in an industrial process. 

ø(b) VOLUNTARY AGREEMENTS.—The Secretary may enter into 

voluntary agreements with one or more persons in industrial sectors that consume significant quantities of primary energy for each 

unit of physical output to reduce the energy intensity of the production activities of the persons. 

ø(c) GOAL.—Voluntary agreements under this section shall have 

as a goal the reduction of energy intensity by not less than 2.5 percent each year during the period of calendar years 2007 through 

2016. 

ø(d) RECOGNITION.—The Secretary, in cooperation with other appropriate Federal agencies, shall develop mechanisms to recognize 

and publicize the achievements of participants in voluntary agreements under this section. 

ø(e) TECHNICAL ASSISTANCE.—A person that enters into an agreement under this section and continues to make a good faith effort 

to achieve the energy efficiency goals specified in the agreement 

shall be eligible to receive from the Secretary a grant or technical 

assistance, as appropriate, to assist in the achievement of those 

goals. 

ø(f) REPORT.—Not later than each of June 30, 2012, and June 30, 

2017, the Secretary shall submit to Congress a report that— 

ø(1) evaluates the success of the voluntary agreements under 

this section; and 

ø(2) provides independent verification of a sample of the energy savings estimates provided by participating firms.¿ 

* * * * * * * 

SEC. 203. FEDERAL PURCHASE REQUIREMENT. 

(a) REQUIREMENT.—The President, acting through the Secretary, 

shall seek to ensure that, to the extent economically feasible and 

technically practicable, of the total amount of electric energy the 

Federal Government consumes during any fiscal year, øthe following amounts shall be renewable energy:¿ 

ø(1) Not less than 3 percent in fiscal years 2007 through 

2009. 

ø(2) Not less than 5 percent in fiscal years 2010 through 

2012. 

ø(3) Not less than 7.5 percent in fiscal year 2013 and each 

fiscal year thereafter.¿ not less than 15 percent in fiscal year 

2016 and each fiscal year thereafter shall be renewable energy. 

(b) DEFINITIONS.—In this section: 

(1) BIOMASS.—The term ‘‘biomass’’ means any lignin waste 

material that is segregated from other waste materials and is 

determined to be nonhazardous by the Administrator of the 


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Environmental Protection Agency and any solid, nonhazardous, 

cellulosic material that is derived from— 

(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, or nonmerchantable material; 

(B) solid wood waste materials, including waste pallets, 

crates, dunnage, manufacturing and construction wood 

wastes (other than pressure-treated, chemically-treated, or 

painted wood wastes), and landscape or right-of-way tree 

trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, 

or paper that is commonly recycled; 

(C) agriculture wastes, including orchard tree crops, 

vineyard, grain, legumes, sugar, and other crop by-products or residues, and livestock waste nutrients; or 

(D) a plant that is grown exclusively as a fuel for the 

production of electricity. 

ø(2) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ 

means electric energy generated from solar, wind, biomass, 

landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric 

generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.¿ 

(2) RENEWABLE ENERGY.—The term ‘‘renewable energy’’ 

means energy produced from solar, wind, biomass, landfill gas, 

ocean (including tidal, wave, current, and thermal), geothermal, 

municipal solid waste, or hydropower. 

* * * * * * * 

SEC. 242. HYDROELECTRIC PRODUCTION INCENTIVES. 

* * * * * * * 

(c) ELIGIBILITY WINDOW.—Payments may be made under this 

section only for electric energy generated from a qualified hydroelectric facility which begins operation during the period of ø10¿ 20 

fiscal years beginning with the first full fiscal year occurring after 

the date of enactment of this subtitle. 

* * * * * * * 

(f) SUNSET.—No payment may be made under this section to any 

qualified hydroelectric facility after the expiration of the period of 

ø20¿ 30 fiscal years beginning with the first full fiscal year occurring after the date of enactment of this subtitle, and no payment 

may be made under this section to any such facility after a payment has been made with respect to such facility for a period of 

10 fiscal years. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary to carry out the purposes of this 

section $10,000,000 for øeach of the fiscal years 2006 through 

2015¿ each of fiscal years 2016 through 2025. 

* * * * * * * 

SEC. 243. HYDROELECTRIC EFFICIENCY IMPROVEMENT. 

* * * * * * * 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section not more than $10,000,000 


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for øeach of the fiscal years 2006 through 2015¿ each of fiscal years 

2016 through 2025. 

* * * * * * * 

SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA. 

* * * * * * * 

(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to carry out this section ø$30,000,000 for each of 

fiscal years 2006 through 2010¿ $5,000,000 for each of fiscal years 

2017 through 2026, to remain available until expended. 

* * * * * * * 

TITLE IV—COAL 

øSubtitle A—Clean Coal Power Initiative 

øSEC. 401. AUTHORIZATION OF APROPRIATIONS. 

ø(a) CLEAN COAL POWER INITIATIVE.—There are authorized to be 

appropriated to the Secretary to carry out the activities authorized 

by this subtitle $200,000,000 for each of fiscal years 2006 through 

2014, to remain available until expended. 

ø(b) REPORT.—The Secretary shall submit to Congress the report 

required by this subsection not later than March 31, 2007. The report shall include, with respect to subsection (a), a plan containing— 

ø(1) a detailed assessment of whether the aggregate funding 

levels provided under subsection (a) are the appropriate funding levels for that program; 

ø(2) a detailed description of how proposals will be solicited 

and evaluated, including a list of all activities expected to be 

undertaken; 

ø(3) a detailed list of technical milestones for each coal and 

related technology that will be pursued; and 

ø(4) a detailed description of how the program will avoid 

problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that 

failed either financially or scientifically. 

øSEC. 402. PROJECT CRITERIA. 

ø(a) IN GENERAL.—To be eligible to receive assistance under this 

subtitle, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies 

that are in commercial service or have been demonstrated on a 

scale that the Secretary determines is sufficient to demonstrate 

that commercial service is viable as of the date of enactment of this 

Act. 

ø(b) TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE.— 

ø(1) GASIFICATION PROJECTS.— 

ø(A) IN GENERAL.—In allocating the funds made available under section 401(a), the Secretary shall ensure that 

at least 70 percent of the funds are used only to fund 

projects on coal-based gasification technologies, including— 

ø(i) gasification combined cycle; 


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ø(ii) gasification fuel cells and turbine combined 

cycle; 

ø(iii) gasification coproduction; 

ø(iv) hybrid gasification and combustion; and 

ø(v) other advanced coal based technologies capable 

of producing a concentrated stream of carbon dioxide. 

ø(B) TECHNICAL MILESTONES.— ø(i) PERIODIC DETERMINATION.— ø(I) IN GENERAL.—The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this subtitle shall be designed, and reasonably expected, to achieve. 

ø(II) PRESCRIPTIVE MILESTONES.—The technical 

milestones shall become more prescriptive during 

the period of the clean coal power initiative. 

ø(ii) 2020 GOALS.—The Secretary shall establish the 

periodic milestones so as to achieve by the year 2020 

coal gasification projects able— 

ø(I)(aa) to remove at least 99 percent of sulfur 

dioxide; or 

ø(bb) to emit not more than 0.04 pound SO2 per 

million Btu, based on a 30-day average; 

ø(II) to emit not more than .05 lbs of NOX per 

million Btu; 

ø(III) to achieve at least 95 percent reductions 

in mercury emissions; and 

ø(IV) to achieve a thermal efficiency of at 

least— 

ø(aa) 50 percent for coal of more than 9,000 

Btu; 

ø(bb) 48 percent for coal of 7,000 to 9,000 

Btu; and 

ø(cc) 46 percent for coal of less than 7,000 

Btu. 

ø(2) OTHER PROJECTS.— ø(A) ALLOCATION OF FUNDS.—The Secretary shall ensure 

that up to 30 percent of the funds made available under 

section 401(a) are used to fund projects other than those 

described in paragraph (1). 

ø(B) TECHNICAL MILESTONES.— 

ø(i) PERIODIC DETERMINATION.— 

ø(I) IN GENERAL.—The Secretary shall periodically establish technical milestones specifying the 

emission and thermal efficiency levels that 

projects funded under this paragraph shall be designed, and reasonably expected, to achieve. 

ø(II) PRESCRIPTIVE MILESTONES.—The technical 

milestones shall become more prescriptive during 

the period of the clean coal power initiative. 

ø(ii) 2020 GOALS.—The Secretary shall set the periodic milestones so as to achieve by the year 2020 

projects able— 

ø(I) to remove at least 97 percent of sulfur dioxide; 


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ø(II) to emit no more than .08 lbs of NOX per 

million Btu; 

ø(III) to achieve at least 90 percent reductions 

in mercury emissions; and 

ø(IV) to achieve a thermal efficiency of at 

least— 

ø(aa) 43 percent for coal of more than 9,000 

Btu; 

ø(bb) 41 percent for coal of 7,000 to 9,000 

Btu; and 

ø(cc) 39 percent for coal of less than 7,000 

Btu. 

ø(3) CONSULTATION.—Before setting the technical milestones 

under paragraphs (1)(B) and (2)(B), the Secretary shall consult 

with— 

ø(A) the Administrator of the Environmental Protection 

Agency; and 

ø(B) interested entities, including— 

ø(i) coal producers; 

ø(ii) industries using coal; 

ø(iii) organizations that promote coal or advanced 

coal technologies; 

ø(iv) environmental organizations; 

ø(v) organizations representing workers; and 

ø(vi) organizations representing consumers. 

ø(4) EXISTING UNITS.—In the case of projects at units in existence on the date of enactment of this Act, in lieu of the thermal efficiency requirements described in paragraphs 

(1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be designed 

to achieve an overall thermal design efficiency improvement, 

compared to the efficiency of the unit as operated, of not less 

than— 

ø(A) 7 percent for coal of more than 9,000 Btu; 

ø(B) 6 percent for coal of 7,000 to 9,000 Btu; or 

ø(C) 4 percent for coal of less than 7,000 Btu. 

ø(5) ADMINISTRATION.— ø(A) ELEVATION OF SITE.—In evaluating project proposals to achieve thermal efficiency levels established 

under paragraphs (1)(B)(i) and (2)(B)(i) and in determining 

progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary 

shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed. 

ø(B) APPLICABILITY OF MILESTONES.—In applying the 

thermal efficiency milestones under paragraphs 

(1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) to projects that separate 

and capture at least 50 percent of the potential emissions 

of carbon dioxide by a facility, the energy used for separation and capture of carbon dioxide shall not be counted in 

calculating the thermal efficiency. 

ø(C) PERMITTED USES.—In carrying out this section, the 

Secretary may give priority to projects that include, as 

part of the project— 

ø(i) the separation or capture of carbon dioxide; or 


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ø(ii) the reduction of the demand for natural gas if 

deployed. 

ø(c) FINANCIAL CRITERIA.—The Secretary shall not provide financial assistance under this subtitle for a project unless the recipient 

documents to the satisfaction of the Secretary that— 

ø(1) the recipient is financially responsible; 

ø(2) the recipient will provide sufficient information to the 

Secretary to enable the Secretary to ensure that the funds are 

spent efficiently and effectively; and 

ø(3) a market exists for the technology being demonstrated 

or applied, as evidenced by statements of interest in writing 

from potential purchasers of the technology. 

ø(d) FINANCIAL ASSISTANCE.—The Secretary shall provide financial assistance to projects that, as determined by the Secretary— 

ø(1) meet the requirements of subsections (a), (b), and (c); 

and 

ø(2) are likely— 

ø(A) to achieve overall cost reductions in the use of coal 

to generate useful forms of energy or chemical feedstocks; 

ø(B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of 

fuel choices in the United States to meet electricity generation requirements; and 

ø(C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of the date of enactment of this Act. 

ø(e) COST-SHARING.—In carrying out this subtitle, the Secretary 

shall require cost sharing in accordance with section 988. 

ø(f) SCHEDULED COMPLETION OF SELECTED PROJECTS.— 

ø(1) IN GENERAL.—In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the 

project shall complete the construction or demonstration phase 

of the project, as the Secretary determines to be appropriate. 

ø(2) CONDITION OF FINANCIAL ASSISTANCE.—The Secretary 

shall require as a condition of receipt of any financial assistance under this subtitle that the recipient of the assistance 

enter into an agreement with the Secretary not to request an 

extension of the time period established for the project by the 

Secretary under paragraph (1). 

ø(3) EXTENSION OF TIME PERIOD.— 

ø(A) IN GENERAL.—Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion 

of the Secretary, that the owner or operator of the project 

cannot complete the construction or demonstration phase 

of the project within the time period due to circumstances 

beyond the control of the owner or operator. 

ø(B) LIMITATION.—The Secretary shall not extend a time 

period under subparagraph (A) by more than 4 years. 

ø(g) FEE TITLE.—The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative 

agreements under this subtitle in any entity, including the United 

States. 


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ø(h) DATA PROTECTION.—For a period not exceeding 5 years after 

completion of the operations phase of a cooperative agreement, the 

Secretary may provide appropriate protections (including exemptions from subchapter II of chapter 5 of title 5, United States Code) 

against the dissemination of information that— 

ø(1) results from demonstration activities carried out under 

the clean coal power initiative program; and 

ø(2) would be a trade secret or commercial or financial information that is privileged or confidential if the information had 

been obtained from and first produced by a non-Federal party 

participating in a clean coal power initiative project. 

ø(i) APPLICABILITY.—No technology, or level of emission reduction, solely by reason of the use of the technology, or the achievement of the emission reduction, by 1 or more facilities receiving assistance under this Act, shall be considered to be— 

ø(1) adequately demonstrated for purposes of section 111 of 

the Clean Air Act (42 U.S.C. 7411); 

ø(2) achievable for purposes of section 169 of that Act (42 

U.S.C. 7479); or 

ø(3) achievable in practice for purposes of section 171 of that 

Act (42 U.S.C. 7501). 

øSEC. 403. REPORT. 

øNot later than 1 year after the date of enactment of this Act, 

and once every 2 years thereafter through 2014, the Secretary, in 

consultation with other appropriate Federal agencies, shall submit 

to Congress a report describing— 

ø(1) the technical milestones set forth in section 402 and how 

those milestones ensure progress toward meeting the requirements of subsections (b)(1)(B) and (b)(2) of section 402; and 

ø(2) the status of projects funded under this subtitle. 

øSEC. 404. CLEAN COAL CENTERS OF EXCELLENCE. 

ø(a) IN GENERAL.—As part of the clean coal power initiative, the 

Secretary shall award competitive, merit-based grants to institutions of higher education for the establishment of centers of excellence for energy systems of the future. 

ø(b) BASIS FOR GRANTS.—The Secretary shall award grants 

under this section to institutions of higher education that show the 

greatest potential for advancing new clean coal technologies.¿ 

* * * * * * * 

TITLE VI—NUCLEAR MATTERS 

* * * * * * * 

Subtitle C—Next Generation Nuclear Plant 

Project 

* * * * * * * 

SEC. 642. PROJECT MANAGEMENT 

* * * * * * * 

(b) LABORATORY MANAGEMENT.— 


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(1) LEAD LABORATORY.—The Idaho National Laboratory shall 

be the lead National Laboratory for the Project and shall collaborate with other National Laboratories, institutions of higher education, other research institutes, industrial researchers, 

and international researchers to carry out the Project. 

(2) INDUSTRIAL PARTNERSHIPS.— 

(A) IN GENERAL.—The Idaho National Laboratory shall 

organize a consortium of appropriate industrial partners 

that will carry out cost-shared research, development, design, and construction activities, and operate research facilities, on behalf of the Project. 

(B) COST-SHARING.—Activities of industrial partners 

funded by the Project shall be cost-shared in accordance 

with section 988. 

(C) PREFERENCE.—Preference in determining the final 

structure of the consortium or any partnerships under this 

subtitle shall be given to a structure (including designating as a lead industrial partner an entity incorporated 

in the United States) that retains United States technological leadership in the Project while maximizing cost 

sharing opportunities and minimizing Federal funding responsibilities. 

ø(3) PROTOTYPE PLANT SITING.—The prototype nuclear reactor and associated plant shall be sited at the Idaho National 

Laboratory in Idaho.¿ 

ø(4)¿(3) REACTOR TEST CAPABILITIES.—The Project shall use, 

if appropriate, reactor test capabilities at the Idaho National 

Laboratory. 

ø(5)¿(4) OTHER LABORATORY CAPABILITIES.—The Project may 

use, if appropriate, facilities at other National Laboratories. 

* * * * * * * 

øSEC. 706. JOINT FLEXIBLE FUEL/HYBRID VEHICLE COMMERCIALIZATION INITIATIVE. 

ø(a) DEFINITIONS.—In this section: 

ø(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

ø(A) a for-profit corporation; 

ø(B) a nonprofit corporation; or 

ø(C) an institution of higher education. 

ø(2) PROGRAM.—The term ‘‘program’’ means a program established under subsection (b). 

ø(b) ESTABLISHMENT.—The Secretary shall establish a program 

to improve technologies for the commercialization of— 

ø(1) a combination hybrid/flexible fuel vehicle; or 

ø(2) a plug-in hybrid/flexible fuel vehicle. 

ø(c) GRANTS.—In carrying out the program, the Secretary shall 

provide grants that give preference to proposals that— 

ø(1) achieve the greatest reduction in miles per gallon of petroleum fuel consumption; 

ø(2) achieve not less than 250 miles per gallon of petroleum 

fuel consumption; and 

ø(3) have the greatest potential of commercialization to the 

general public within 5 years. 


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ø(d) VERIFICATION.—Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register procedures to verify— 

ø(1) the hybrid/flexible fuel vehicle technologies to be demonstrated; and 

ø(2) that grants are administered in accordance with this 

section. 

ø(e) REPORT.—Not later than 260 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that— 

ø(1) identifies the grant recipients; 

ø(2) describes the technologies to be funded under the program; 

ø(3) assesses the feasibility of the technologies described in 

paragraph (2) in meeting the goals described in subsection (c); 

ø(4) identifies applications submitted for the program that 

were not funded; and 

ø(5) makes recommendations for Federal legislation to 

achieve commercialization of the technology demonstrated. 

ø(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section, to remain available 

until expended— 

ø(1) $3,000,000 for fiscal year 2006; 

ø(2) $7,000,000 for fiscal year 2007; 

ø(3) $10,000,000 for fiscal year 2008; and 

ø(4) $20,000,000 for fiscal year 2009.¿ 

* * * * * * * 

øSEC. 711. HYBRID VEHICLES. 

øThe Secretary shall accelerate efforts directed toward the improvement of batteries and other rechargeable energy storage systems, power electronics, hybrid systems integration, and other technologies for use in hybrid vehicles.¿ 

øSEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM. 

ø(a) PROGRAM.— 

ø(1) IN GENERAL.—The Secretary shall establish a program 

to encourage domestic production and sales of efficient hybrid 

and advanced diesel vehicles and components of those vehicles. 

ø(2) INCLUSIONS.—The program shall include grants and 

loan guarantees under section 1703 to automobile manufacturers and suppliers and hybrid component manufacturers to encourage domestic production of efficient hybrid, plug-in electric 

hybrid, plug-in electric drive, and advanced diesel vehicles. 

ø(3) PRIORITY.—Priority shall be given to the refurbishment 

or retooling of manufacturing facilities that have recently 

ceased operation or will cease operation in the near future. 

ø(b) COORDINATION WITH STATE AND LOCAL PROGRAMS.—The 

Secretary may coordinate implementation of this section with State 

and local programs designed to accomplish similar goals, including 

the retention and retraining of skilled workers from the manufacturing facilities, including by establishing matching grant arrangements. 


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ø(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary such sums as may be necessary 

to carry out this section.¿ 

* * * * * * * 

SEC. 911. ENERGY EFFICIENCY. 

(a) IN GENERAL.— (1) OBJECTIVES.—The Secretary shall conduct programs of 

energy efficiency research, development, demonstration, and 

commercial application, including activities described in this 

subtitle. Such programs shall take into consideration the following objectives: 

(A) Increasing the energy efficiency of øvehicles, buildings,¿ buildings and industrial processes. 

(B) Reducing the demand of the United States for energy, especially energy from foreign sources. 

(C) Reducing the cost of energy and making the economy 

more efficient and competitive. 

(D) Improving the energy security of the United States. 

(E) Reducing the environmental impact of energy-related 

activities. 

(2) PROGRAMS.—Programs under this subtitle shall include 

research, development, demonstration, and commercial application of— 

ø(A) advanced, cost-effective technologies to improve the 

energy efficiency and environmental performance of vehicles, including— 

ø(i) hybrid and electric propulsion systems; 

ø(ii) plug-in hybrid systems; 

ø(iii) advanced combustion engines; 

ø(iv) weight and drag reduction technologies; 

ø(v) whole-vehicle design optimization; and 

ø(vi) advanced drive trains;¿ 

ø(B)¿(A) cost-effective technologies, for new construction 

and retrofit, to improve the energy efficiency and environmental performance of buildings, using a whole-buildings 

approach, including onsite renewable energy generation; 

ø(C)¿(B) advanced technologies to improve the energy efficiency, environmental performance, and process efficiency 

of energy-intensive and waste-intensive industries; 

ø(D)¿(C) advanced control devices to improve the energy 

efficiency of electric motors, including those used in industrial processes, heating, ventilation, and cooling; and 

ø(E)¿(D) technologies to improve the energy efficiency of 

appliances and mechanical systems for buildings in cold 

climates, including combined heat and power units and increased use of renewable resources, including fuel. 

(c) ALLOCATIONS.—From amounts authorized under subsection 

(b), the following sums are authorized: 

(1) For activities under section 912, $50,000,000 for each of 

fiscal years 2007 through 2009. 

(2) For activities under section 915, $7,000,000 for each of 

fiscal years 2007 through 2009. 

ø(3) For activities under subsection (a)(2)(A)— 

ø(A) $200,000,000 for fiscal year 2007; 


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ø(B) $270,000,000 for fiscal year 2008; and 

ø(C) $310,000,000 for fiscal year 2009.¿ 

ø(4)¿(3) For activities under subsection ø(a)(2)(D)¿ (a)(2)(C), $2,000,000 for each of fiscal years 2007 and 2008. 

(d) EXTENDED AUTHORIZATION.—There are authorized to be ap- propriated to the Secretary to carry out section 912 $50,000,000 for 

each of fiscal years 2010 through 2013. 

(e) LIMITATIONS.—None of the funds authorized to be appropriated under this section may be used for— 

(1) the issuance or implementation of energy efficiency regulations; 

(2) the weatherization program established under part A of 

title IV of the Energy Conservation and Production Act (42 

U.S.C. 6861 et seq.); 

(3) a State energy conservation plan established under part 

D of title III of the Energy Policy and Conservation Act (42 

U.S.C. 6321 et seq.); or 

(4) a Federal energy management measure carried out under 

part 3 of title V of the National Energy Conservation Policy 

Act (42 U.S.C. 8251 et seq.). 

* * * * * * * 

SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) a utility; 

(B) a municipality; 

(C) a water district; 

(D) an Indian tribe or Alaska Native village; and 

(E) any other authority that provides water, wastewater, 

or water reuse services. 

(2) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.— 

The term ‘‘smart energy and water efficiency pilot program’’ or 

‘‘pilot program’’ means the pilot program established under subsection (b). 

(b) SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.— (1) IN GENERAL.—The Secretary shall establish and carry out 

a smart energy and water efficiency pilot program in accordance with this section. 

(2) PURPOSE.—The purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to 

demonstrate unique, advanced, or innovative technology-based 

solutions that will— 

(A) increase the energy efficiency of water, wastewater, 

and water reuse systems; 

(B) improve energy efficiency of water, wastewater, and 

water reuse systems to help communities across the United 

States make measurable progress in conserving water, saving energy, and reducing costs; 

(C) support the implementation of innovative and unique 

processes and the installation of established advanced automated systems that provide real-time data on energy and 

water; and 

(D) improve energy-water conservation and quality and 

predictive maintenance through technologies that utilize 


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internet connected technologies, including sensors, intelligent gateways, and security embedded in hardware. 

(3) PROJECT SELECTION.— (A) IN GENERAL.—The Secretary shall make competitive, 

merit-reviewed grants under the pilot program to not less 

than 3, but not more than 5, eligible entities. 

(B) SELECTION CRITERIA.—In selecting an eligible entity 

to receive a grant under the pilot program, the Secretary 

shall consider— 

(i) energy and cost savings; 

(ii) the uniqueness, commercial viability, and reliability of the technology to be used; 

(iii) the degree to which the project integrates nextgeneration sensors software, analytics, and management tools; 

(iv) the anticipated cost-effectiveness of the pilot 

project through measurable energy efficiency savings, 

water savings or reuse, and infrastructure costs averted; 

(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the 

technology can be implemented in a wide range of applications ranging in scale from small towns to large 

cities, including tribal communities; 

(vi) whether the technology has been successfully deployed elsewhere; 

(vii) whether the technology was sourced from a 

manufacturer based in the United States; and 

(viii) whether the project will be completed in 5 years 

or less. 

(C) APPLICATIONS.— (i) IN GENERAL.—Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in 

such manner, and containing such information as the 

Secretary determines to be necessary. 

(ii) CONTENTS.—An application under clause (i) 

shall, at a minimum, include— 

(I) a description of the project; 

(II) a description of the technology to be used in 

the project; 

(III) the anticipated results, including energy 

and water savings, of the project; 

(IV) a comprehensive budget for the project; 

(V) the names of the project lead organization 

and any partners; 

(VI) the number of users to be served by the 

project; 

(VII) a description of the ways in which the proposal would meet performance measures established by the Secretary; and (VIII) any other information that the Secretary determines to be necessary to complete the review and selection of a 

grant recipient. 

(4) ADMINISTRATION.— 


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(A) IN GENERAL.—Not later than 300 days after the date 

of enactment of this section, the Secretary shall select grant 

recipients under this section. 

(B) EVALUATIONS.— 

(i) ANNUAL EVALUATIONS.—The Secretary shall annually carry out an evaluation of each project for 

which a grant is provided under this section that meets 

performance measures and benchmarks developed by 

the Secretary, consistent with the purposes of this section. 

(ii) REQUIREMENTS.—Consistent with the performance measures and benchmarks developed under clause 

(i), in carrying out an evaluation under that clause, the 

Secretary shall— 

(I) evaluate the progress and impact of the 

project; and 

(II) assesses the degree to which the project is 

meeting the goals of the pilot program. 

(C) TECHNICAL AND POLICY ASSISTANCE.—On the request 

of a grant recipient, the Secretary shall provide technical 

and policy assistance. 

(D) BEST PRACTICES.—The Secretary shall make available to the public through the Internet and other means the 

Secretary considers to be appropriate— 

(i) a copy of each evaluation carried out under subparagraph (B); and 

(ii) a description of any best practices identified by 

the Secretary as a result of those evaluations. 

(E) REPORT TO CONGRESS.—The Secretary shall submit 

to Congress a report containing the results of each evaluation carried out under subparagraph (B). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $15,000,000, to remain 

available until expended. 

* * * * * * * 

øSEC. 933. LOW-COST RENEWABLE HYDROGEN AND INFRASTRUCTURE 

FOR VEHICLE PROPULSION. 

øThe Secretary shall— 

ø(1) establish a research, development, and demonstration 

program to determine the feasibility of using hydrogen propulsion in light-weight vehicles and the integration of the associated hydrogen production infrastructure using off-the-shelf 

components; and 

ø(2) identify universities and institutions that— 

ø(A) have expertise in researching and testing vehicles 

fueled by hydrogen, methane, and other fuels; 

ø(B) have expertise in integrating off-the-shelf components to minimize cost; and 

ø(C) within 2 years can test a vehicle based on an existing commercially available platform with a curb weight of 

not less than 2,000 pounds before modifications, that— 

ø(i) operates solely on hydrogen; 

ø(ii) qualifies as a light-duty passenger vehicle; and 


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ø(iii) uses hydrogen produced from water using only 

solar energy.¿ 

* * * * * * * 

SEC. 954. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT. 

(a) IN GENERAL.—The Secretary shall conduct a program to invest in human resources and infrastructure in the nuclear sciences 

and related fields, including health physics, nuclear engineering, 

nuclear chemistry, and radiochemistry, consistent with missions of 

the Department related to civilian nuclear research, development, 

demonstration, and commercial application. 

(b) REQUIREMENTS.—In carrying out the program under this section, the Secretary shall— 

(1) conduct a graduate and undergraduate fellowship program to attract new and talented students, which may include 

fellowships for students to spend time at National Laboratories 

in the areas of nuclear science, engineering, and health physics 

with a member of the National Laboratory staff acting as a 

mentor; 

(2) conduct a junior faculty research initiation grant program 

to assist universities in recruiting and retaining new faculty in 

the nuclear sciences and engineering by awarding grants to 

junior faculty for research on issues related to nuclear energy 

engineering and science; 

(3) award grants, not to exceed 5 years in duration, to institutions of higher education with existing academic degree programs in nuclear sciences and related fields— (A) to increase the number of graduates in nuclear 

science and related fields; 

(B) to enhance the teaching and research of advanced nuclear technologies; 

(C) to undertake collaboration with industry and National Laboratories; and 

(D) to bolster or sustain nuclear infrastructure and research facilities of institutions of higher education, such as 

research and training reactors and laboratories; 

ø(3)¿(4) support fundamental nuclear sciences, engineering, 

and health physics research through a nuclear engineering 

education and research program; 

ø(4)¿(5) encourage collaborative nuclear research among industry, National Laboratories, and universities; and 

ø(5)¿(6) support communication and outreach related to nuclear science, engineering, and health physics. 

(c) UNIVERSITY-NATIONAL LABORATORY INTERACTIONS.—The Secretary shall conduct— 

(1) a fellowship program for professors at universities to 

spend sabbaticals at National Laboratories in the areas of nuclear science and technology; and 

(2) a visiting scientist program in which National Laboratory 

staff can spend time in academic nuclear science and engineering departments. 

(d) STRENGTHENING UNIVERSITY RESEARCH AND TRAINING REACTORS AND ASSOCIATED INFRASTRUCTURE.—In carrying out the program under this section, the Secretary may support— 


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(1) converting research reactors from high-enrichment fuels 

to low-enrichment fuels and upgrading operational instrumentation; 

(2) consortia of universities to broaden access to university 

research reactors; 

(3) student training programs, in collaboration with the 

United States nuclear industry, in relicensing and upgrading 

reactors, including through the provision of technical assistance; and 

(4) reactor improvements as part of a taking into consideration effort that emphasizes research, training, and education, 

including through the Innovations in Nuclear Infrastructure 

and Education Program or any similar program. 

(e) OPERATIONS AND MAINTENANCE.—Funding for a project provided under this section may be used for a portion of the operating 

and maintenance costs of a research reactor at a university used 

in the project. 

(f) DEFINITION.—In this section, the term ‘‘junior faculty’’ means 

a faculty member who was awarded a doctorate less than 10 years 

before receipt of an award from the grant program described in 

subsection (b)(2). 

* * * * * * * 

SEC. 961. FOSSIL ENERGY. 

(a) IN GENERAL.—The Secretary shall carry out research, development, demonstration, and commercial application programs in 

fossil energy, including activities under this subtitle, with the goal 

of improving the efficiency, effectiveness, and environmental performance of fossil energy production, upgrading, conversion, and 

consumption. Such programs take into consideration the following 

objectives: 

(1) Increasing the energy conversion efficiency of all forms of 

fossil energy through improved technologies. 

(2) Decreasing the cost of all fossil energy production, generation, and delivery. 

(3) Promoting diversity of energy supply. 

(4) Decreasing the dependence of the United States on foreign energy supplies. 

(5) Improving United States energy security. 

(6) Decreasing the environmental impact of energy-related 

activities. 

(7) Increasing the export of fossil energy-related equipment, 

technology, and services from the United States. 

(8) Improving the conversion, use, and storage of carbon dioxide produced from fossil fuels. 

* * * * * * * 

øSEC. 962. COAL AND RELATED TECHNOLOGIES PROGRAM. 

ø(a) IN GENERAL.—In addition to the programs authorized under 

title IV, the Secretary shall conduct a program of technology research, development, demonstration, and commercial application 

for coal and power systems, including programs to facilitate production and generation of coal-based power through— 

ø(1) innovations for existing plants (including mercury removal); 


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ø(2) gasification systems; 

ø(3) advanced combustion systems; 

ø(4) turbines for synthesis gas derived from coal; 

ø(5) carbon capture and sequestration research and development; 

ø(6) coal-derived chemicals and transportation fuels; 

ø(7) liquid fuels derived from low rank coal water slurry; 

ø(8) solid fuels and feedstocks; 

ø(9) advanced coal-related research; 

ø(10) advanced separation technologies; and 

ø(11) fuel cells for the operation of synthesis gas derived 

from coal. 

ø(b) COST AND PERFORMANCE GOALS.— 

ø(1) IN GENERAL.—In carrying out programs authorized by 

this section, during each of calendar years 2008, 2010, 2012, 

and 2016, and during each fiscal year beginning after September 30, 2021, the Secretary shall identify cost and performance goals for coal-based technologies that would permit the 

continued cost-competitive use of coal for the production of 

electricity, chemical feedstocks, and transportation fuels. 

ø(2) ADMINISTRATION.—In establishing the cost and performance goals, the Secretary shall— 

ø(A) consider activities and studies undertaken as of the 

date of enactment of this Act by industry in cooperation 

with the Department in support of the identification of the 

goals; 

ø(B) consult with interested entities, including— 

ø(i) coal producers; 

ø(ii) industries using coal; 

ø(iii) organizations that promote coal and advanced 

coal technologies; 

ø(iv) environmental organizations; 

ø(v) organizations representing workers; and 

ø(vi) organizations representing consumers; 

ø(C) not later than 120 days after the date of enactment 

of this Act, publish in the Federal Register proposed draft 

cost and performance goals for public comments; and 

ø(D) not later than 180 days after the date of enactment 

of this Act and every 4 years thereafter, submit to Congress a report describing the final cost and performance 

goals for the technologies that includes— 

ø(i) a list of technical milestones; and 

ø(ii) an explanation of how programs authorized in 

this section will not duplicate the activities authorized 

under the Clean Coal Power Initiative authorized 

under title IV. 

ø(c) POWDER RIVER BASIN AND FORT UNION LIGNITE COAL MERCURY REMOVAL.— 

ø(1) IN GENERAL.—In addition to the programs authorized by 

subsection (a), the Secretary shall establish a program to test 

and develop technologies to control and remove mercury emissions from subbituminous coal mined in the Powder River 

Basin, and Fort Union lignite coals, that are used for the generation of electricity. 


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ø(2) EFFICACY OF MERCURY REMOVAL TECHNOLOGY.—In carrying out the program under paragraph (1), the Secretary shall 

examine the efficacy of mercury removal technologies on coals 

described in that paragraph that are blended with other types 

of coal. 

ø(d) FUEL CELLS.— 

ø(1) IN GENERAL.—The Secretary shall conduct a program of 

research, development, demonstration, and commercial application on fuel cells for low-cost, high-efficiency, fuel-flexible, modular power systems. 

ø(2) DEMONSTRATIONS.—The demonstrations referred to in 

paragraph (1) shall include solid oxide fuel cell technology for 

commercial, residential, and transportation applications, and 

distributed generation systems, using improved manufacturing 

production and processes.¿ 

SEC. 962. COAL TECHNOLOGY PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) LARGE-SCALE PILOT PROJECT.—The term ‘‘large-scale pilot 

project’’ means a pilot project that— 

(A) represents the scale of technology development beyond 

laboratory development and bench scale testing, but not yet 

advanced to the point of being tested under real operational 

conditions at commercial scale; 

(B) represents the scale of technology necessary to gain 

the operational data needed to understand the technical 

and performance risks of the technology before the application of that technology at commercial scale or in commercial-scale demonstration; and 

(C) is large enough— 

(i) to validate scaling factors; and 

(ii) to demonstrate the interaction between major 

components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot plant application to commercial scale demonstration or application. 

(2) PROGRAM.—The term ‘‘program’’ means the program established under subsection (b). 

(3) TRANSFORMATIONAL TECHNOLOGY.— 

(A) IN GENERAL.—The term transformational technology’ 

means a power generation technology that represents an entirely new way to convert energy that will enable a step 

change in performance, efficiency, and cost of electricity as 

compared to the technology in existence on the date of enactment of this Act. 

(B) INCLUSIONS.—The term ‘‘transformational technology’’ includes a broad range of technology improvements, 

including— 

(i) thermodynamic improvements in energy conversion and heat transfer, including— 

(I) oxygen combustion; 

(II) chemical looping; and 

(III) the replacement of steam cycles with supercritical carbon dioxide cycles; 

(ii) improvements in turbine technology; 


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(iii) improvements in carbon capture systems technology; and 

(iv) any other technology the Secretary recognizes as 

transformational technology. 

(b) COAL TECHNOLOGY PROGRAM.— (1) IN GENERAL.—The Secretary shall establish a coal technology program to ensure the continued use of the abundant, 

domestic coal resources of the United States through the development of technologies that will significantly improve the efficiency, effectiveness, costs, and environmental performance of 

coal use. 

(2) REQUIREMENTS.—The program shall include— 

(A) a research and development program; 

(B) large-scale pilot projects; and 

(C) demonstration projects. 

(3) PROGRAM GOALS AND OBJECTIVES.—In consultation with 

the interested entities described in paragraph (4)(C), the Secretary shall develop goals and objectives for the program to be 

applied to the technologies developed within the program, taking into consideration the following objectives: 

(A) Ensure reliable, low cost power from new and existing 

coal plants. 

(B) Achieve high conversion efficiencies. 

(C) Address emissions of carbon dioxide through high efficiency platforms and carbon capture from new and existing coal plants. 

(D) Support small-scale and modular technologies to enable incremental capacity additions and load growth and 

large-scale generation technologies. 

(E) Support flexible baseload operations for new and existing applications of coal generation. 

(F) Further reduce emissions of criteria pollutants and 

reduce the use and manage the discharge of water in power 

plant operations. 

(G) Accelerate the development of technologies that have 

transformational energy conversion characteristics. 

(H) Validate geologic storage of large volumes of anthropogenic sources of carbon dioxide and support the development of the infrastructure needed to support a carbon dioxide use and storage industry. 

(I) Examine methods of converting coal to other valuable 

products and commodities in addition to electricity. 

(4) CONSULTATIONS REQUIRED.—In carrying out the program, 

the Secretary shall— 

(A) undertake international collaborations, as recommended by the National Coal Council; 

(B) use existing authorities to encourage international cooperation; and 

(C) consult with interested entities, including— 

(i) coal producers; 

(ii) industries that use coal; 

(iii) organizations that promote coal and advanced 

coal technologies; 

(iv) environmental organizations; 

(v) organizations representing workers; and 


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(vi) organizations representing consumers. 

(c) REPORT.— (1) IN GENERAL.—Not later than 18 months after the date of 

enactment of this Act, the Secretary shall submit to Congress a 

report describing the performance standards adopted under 

subsection (b)(3). 

(2) UPDATE.—Once every 2 years after the initial report is 

submitted under paragraph (1), the Secretary shall submit to 

Congress a report describing the progress made towards achieving the objectives and performance standards adopted under 

subsection (b)(3). 

(d) FUNDING.— (1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this Act, 

to remain available until expended— (A) $610,000,000 for each of fiscal years 2017 through 

2020; and 

(B) $560,000,000 for fiscal year 2021. 

(2) ALLOCATIONS.—The amounts made available under paragraph (1) shall be allocated as follows: 

(A) For activities under the research and development 

program component described in subsection (b)(2)(A)— 

(i) $275,000,000 for each of fiscal years 2017 through 

2020; and 

(ii) $200,000,000 for fiscal year 2021. 

(B) For activities under the demonstration projects program component described in subsection (b)(2)(C)— 

(i) $50,000,000 for each of fiscal years 2017 through 

2020; and 

(ii) $75,000,000 for fiscal year 2021. 

(C) For activities under the large-scale pilot projects program component described in subsection (b)(2)(B), 

$285,000,000 for each of fiscal years 2017 through 2021. 

øSEC. 963. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAM. 

ø(a) IN GENERAL.—The Secretary shall carry out a 10-year carbon capture and sequestration research, development, and demonstration program to develop carbon dioxide capture and sequestration technologies related to industrial sources of carbon dioxide 

for use— 

ø(1) in new coal utilization facilities; and 

ø(2) on the fleet of coal-based units in existence on the date 

of enactment of this Act. 

ø(b) OBJECTIVES.—The objectives of the program under subsection (a) shall be— 

ø(1) to develop carbon dioxide capture technologies, including 

adsorption and absorption techniques and chemical processes, 

to remove the carbon dioxide from gas streams containing carbon dioxide potentially amenable to sequestration; 

ø(2) to develop technologies that would directly produce concentrated streams of carbon dioxide potentially amenable to sequestration; 

ø(3) to increase the efficiency of the overall system to reduce 

the quantity of carbon dioxide emissions released from the system per megawatt generated; 


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ø(4) in accordance with the carbon dioxide capture program, 

to promote a robust carbon sequestration program and continue the work of the Department, in conjunction with the private sector, through regional carbon sequestration partnerships; and 

ø(5) to expedite and carry out large-scale testing of carbon 

sequestration systems in a range of geologic formations that 

will provide information on the cost and feasibility of deployment of sequestration technologies. 

ø(c) PROGRAMMATIC ACTIVITIES.— 

ø(1) FUNDAMENTAL SCIENCE AND ENGINEERING RESEARCH

AND DEVELOPMENT AND DEMONSTRATION SUPPORTING CARBON

CAPTURE AND SEQUESTRATION TECHNOLOGIES AND CARBON USE

ACTIVITIES.— 

ø(A) IN GENERAL.—The Secretary shall carry out fundamental science and engineering research (including laboratory-scale experiments, numeric modeling, and simulations) to develop and document the performance of new approaches to capture and sequester, or use carbon dioxide 

to lead to an overall reduction of carbon dioxide emissions. 

ø(B) PROGRAM INTEGRATION.—The Secretary shall ensure that fundamental research carried out under this 

paragraph is appropriately applied to energy technology 

development activities, the field testing of carbon sequestration, and carbon use activities, including— 

ø(i) development of new or advanced technologies for 

the capture and sequestration of carbon dioxide; 

ø(ii) development of new or advanced technologies 

that reduce the cost and increase the efficacy of advanced compression of carbon dioxide required for the 

sequestration of carbon dioxide; 

ø(iii) modeling and simulation of geologic sequestration field demonstrations; 

ø(iv) quantitative assessment of risks relating to 

specific field sites for testing of sequestration technologies; 

ø(v) research and development of new and advanced 

technologies for carbon use, including recycling and 

reuse of carbon dioxide; and 

ø(vi) research and development of new and advanced 

technologies for the separation of oxygen from air. 

ø(2) FIELD VALIDATION TESTING ACTIVITIES.— 

ø(A) IN GENERAL.—The Secretary shall promote, to the 

maximum extent practicable, regional carbon sequestration partnerships to conduct geologic sequestration tests 

involving carbon dioxide injection and monitoring, mitigation, and verification operations in a variety of candidate 

geologic settings, including— 

ø(i) operating oil and gas fields; 

ø(ii) depleted oil and gas fields; 

ø(iii) unmineable coal seams; 

ø(iv) deep saline formations; 

ø(v) deep geologic systems that may be used as engineered reservoirs to extract economical quantities of 


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heat from geothermal resources of low permeability or 

porosity; and 

ø(vi) deep geologic systems containing basalt formations. 

ø(B) OBJECTIVES.—The objectives of tests conducted 

under this paragraph shall be— 

ø(i) to develop and validate geophysical tools, analysis, and modeling to monitor, predict, and verify carbon dioxide containment; 

ø(ii) to validate modeling of geologic formations; 

ø(iii) to refine sequestration capacity estimated for 

particular geologic formations; 

ø(iv) to determine the fate of carbon dioxide concurrent with and following injection into geologic formations; 

ø(v) to develop and implement best practices for operations relating to, and monitoring of, carbon dioxide 

injection and sequestration in geologic formations; 

ø(vi) to assess and ensure the safety of operations 

related to geologic sequestration of carbon dioxide; 

ø(vii) to allow the Secretary to promulgate policies, 

procedures, requirements, and guidance to ensure that 

the objectives of this subparagraph are met in largescale testing and deployment activities for carbon capture and sequestration that are funded by the Department of Energy; and 

ø(viii) to provide information to States, the Environmental Protection Agency, and other appropriate entities to support development of a regulatory framework 

for commercial-scale sequestration operations that ensure the protection of human health and the environment. 

ø(3) LARGE-SCALE CARBON DIOXIDE SEQUESTRATION TEST- ING.— 

ø(A) IN GENERAL.—The Secretary shall conduct not less 

than 7 initial large-scale sequestration tests, not including 

the FutureGen project, for geologic containment of carbon 

dioxide to collect and validate information on the cost and 

feasibility of commercial deployment of technologies for 

geologic containment of carbon dioxide. These 7 tests may 

include any Regional Partnership projects awarded as of 

the date of enactment of the Department of Energy Carbon 

Capture and Sequestration Research, Development, and 

Demonstration Act of 2007. 

ø(B) DIVERSITY OF FORMATIONS TO BE STUDIED.—In selecting formations for study under this paragraph, the Secretary shall consider a variety of geologic formations 

across the United States, and require characterization and 

modeling of candidate formations, as determined by the 

Secretary. 

ø(C) SOURCE OF CARBON DIOXIDE FOR LARGE-SCALE SE- QUESTRATION TESTS.—In the process of any acquisition of 

carbon dioxide for sequestration tests under subparagraph 

(A), the Secretary shall give preference to sources of carbon dioxide from industrial sources. To the extent feasible, 


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the Secretary shall prefer tests that would facilitate the 

creation of an integrated system of capture, transportation 

and sequestration of carbon dioxide. The preference provided for under this subparagraph shall not delay the implementation of the large-scale sequestration tests under 

this paragraph. 

ø(D) DEFINITION.—For purposes of this paragraph, the 

term ‘‘large-scale’’ means the injection of more than 

1,000,000 tons of carbon dioxide from industrial sources 

annually or a scale that demonstrates the ability to inject 

and sequester several million metric tons of industrial 

source carbon dioxide for a large number of years. 

ø(4) PREFERENCE IN PROJECT SELECTION FROM MERITORIOUS

PROPOSALS.—In making competitive awards under this subsection, subject to the requirements of section 989, the Secretary shall— 

ø(A) give preference to proposals from partnerships 

among industrial, academic, and government entities; and 

ø(B) require recipients to provide assurances that all laborers and mechanics employed by contractors and subcontractors in the construction, repair, or alteration of new 

or existing facilities performed in order to carry out a demonstration or commercial application activity authorized 

under this subsection shall be paid wages at rates not less 

than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance 

with subchapter IV of chapter 31 of title 40, United States 

Code, and the Secretary of Labor shall, with respect to the 

labor standards in this paragraph, have the authority and 

functions set forth in Reorganization Plan Numbered 14 of 

1950 (15 Fed. Reg. 3176; 5 U.S.C. Appendix) and section 

3145 of title 40, United States Code. 

ø(5) COST SHARING.—Activities under this subsection shall be 

considered research and development activities that are subject 

to the cost sharing requirements of section 988(b). 

ø(6) PROGRAM REVIEW AND REPORT.—During fiscal year 2011, 

the Secretary shall— 

ø(A) conduct a review of programmatic activities carried 

out under this subsection; and 

ø(B) make recommendations with respect to continuation 

of the activities. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

ø(1) $240,000,000 for fiscal year 2008; 

ø(2) $240,000,000 for fiscal year 2009; 

ø(3) $240,000,000 for fiscal year 2010; 

ø(4) $240,000,000 for fiscal year 2011; and 

ø(5) $240,000,000 for fiscal year 2012.¿ 

* * * * * * * 

SEC. 971. SCIENCE. 

(a) IN GENERAL.—The Secretary shall conduct, through the Office 

of Science, programs of research, development, demonstration, and 

commercial application in high energy physics, nuclear physics, biological and environmental research, basic energy sciences, adVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00127 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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vanced scientific computing research, and fusion energy sciences, 

including activities described in this subtitle. The programs shall 

include support for facilities and infrastructure, education, outreach, information, analysis, and coordination activities. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary to carry out research, development, demonstration, and commercial application activities of the 

Office of Science, including activities authorized under this subtitle 

(including the amounts authorized under the amendment made by 

section 976(b) and including basic energy sciences, advanced scientific and computing research, biological and environmental research, fusion energy sciences, high energy physics, nuclear physics, research analysis, and infrastructure support)— (1) $4,153,000,000 for fiscal year 2007; 

(2) $4,586,000,000 for fiscal year 2008; 

(3) $5,200,000,000 for fiscal year 2009; 

(4) $5,814,000,000 for fiscal year 2010; 

(5) $5,247,000,000 for fiscal year 2011; 

(6) $5,614,000,000 for fiscal year 2012; øand¿ 

(7) $6,007,000,000 for fiscal year 2013ø.¿; 

(8) $5,271,000,000 for fiscal year 2016; 

(9) $5,485,000,000 for fiscal year 2017; 

(10) $5,704,000,000 for fiscal year 2018; 

(11) $5,932,000,000 for fiscal year 2019; and 

(12) $6,178,000,000 for fiscal year 2020. 

(c) ALLOCATIONS.—From amounts authorized under subsection 

(b), the following sums are authorized: 

(1) For activities under the Fusion Energy Sciences program 

(including activities under section 972)— (A) $355,500,000 for fiscal year 2007; 

(B) $369,500,000 for fiscal year 2008; 

(C) $384,800,000 for fiscal year 2009; and 

(D) in addition to the amounts authorized under subparagraphs (A), (B), and (C), such sums as may be necessary for ITER construction, consistent with the limitations of section 972(c)(5). 

(2) For activities under the catalysis research program under 

section 973— 

(A) $36,500,000 for fiscal year 2007; 

(B) $38,200,000 for fiscal year 2008; and 

(C) such sums as may be necessary for fiscal year 2009. 

(3) For activities under the Systems Biology Program under 

section 977 such sums as may be necessary for each of fiscal 

years 2007 through 2009. 

(4) For activities under the Energy and Water Supplies program under section 979, $30,000,000 for each of fiscal years 

2007 through 2009. 

(5) For the energy research fellowships programs under section 984, $40,000,000 for each of fiscal years 2007 through 

2009. 

(6) For the advanced scientific computing activities under 

section 976— 

(A) $270,000,000 for fiscal year 2007; 

(B) $350,000,000 for fiscal year 2008; and 

(C) $375,000,000 for fiscal year 2009. 


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(7) For the science and engineering education pilot program 

under section 983— 

(A) $4,000,000 for each of fiscal years 2007 and 2008; 

and 

(B) $8,000,000 for fiscal year 2009. 

(8) For the Department of Energy early career awards for 

science, engineering, and mathematics researchers program 

under section 5006 of the America COMPETES Act (42 U.S.C. 

16534) and the distinguished scientist program under section 

5011 of that Act (42 U.S.C. 16537), $150,000,000 for each of fiscal years 2016 through 2020, of which not more than 65 percent 

of the amount made available for a fiscal year under this paragraph may be used to carry out section 5006 or 5011 of that 

Act. 

(d) INTEGRATED BIOENERGY RESEARCH AND DEVELOPMENT.—In 

addition to amounts otherwise authorized by this section, there are 

authorized to be appropriated to the Secretary for integrated bioenergy research and development programs, projects, and activities, $49,000,000 for each of the fiscal years 2005 through 2009. Activities funded under this subsection shall be coordinated with ongoing related programs of other Federal agencies, including the 

Plant Genome Program of the National Science Foundation. Of the 

funds authorized under this subsection, at least $5,000,000 for each 

fiscal year shall be for training and education targeted to minority 

and socially disadvantaged farmers and ranchers. 

* * * * * * * 

SEC. 976. ADVANCED SCIENTIFIC COMPUTING FOR ENERGY MISSIONS. 

(a) PROGRAM.— 

(1) IN GENERAL.—The Secretary shall conduct an advanced 

scientific computing research and development program that 

includes activities related to applied mathematics and activities authorized by the øDepartment of Energy High-End Computing Revitalization Act of 2004¿ Exascale Computing Act of 

2015 (15 U.S.C. 5541 et seq.). 

* * * * * * * 

SEC. 1001. IMPROVED TECHNOLOGY TRANSFER OF ENERGY TECHNOLOGIES. 

(a) TECHNOLOGY TRANSFER COORDINATOR.—The Secretary shall 

appoint a Technology Transfer Coordinator to be the principal advisor to the Secretary on all matters relating to technology transfer 

and commercialization. 

(b) QUALIFICATIONS.—The Coordinator shall be an individual 

who, by reason of professional background and experience, is specially qualified to advise the Secretary on matters pertaining to 

technology transfer at the Department. 

(c) DUTIES OF THE COORDINATOR.—The Coordinator shall oversee— 

(1) the activities of the Technology Transfer Working Group 

established under subsection (d); 

(2) the expenditure of funds allocated for technology transfer 

within the Department; 


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(3) the activities of each technology partnership ombudsman 

appointed under section 11 of the Technology Transfer Commercialization Act of 2000 (42 U.S.C. 7261c); and 

(4) efforts to engage private sector entities, including venture 

capital companies. 

(d) TECHNOLOGY TRANSFER WORKING GROUP.—The Secretary 

shall establish a Technology Transfer Working Group, which shall 

consist of representatives of the National Laboratories and singlepurpose research facilities, to— 

(1) coordinate technology transfer activities occurring at National Laboratories and single-purpose research facilities; 

(2) exchange information about technology transfer practices, 

including alternative approaches to resolution of disputes involving intellectual property rights and other technology transfer matters; and 

(3) develop and disseminate to the public and prospective 

technology partners information about opportunities and procedures for technology transfer with the Department, including 

opportunities and procedures related to alternative approaches 

to resolution of disputes involving intellectual property rights 

and other technology transfer matters. 

(e) TECHNOLOGY COMMERCIALIZATION FUND.—The Secretary 

shall establish an Energy Technology Commercialization Fund, 

using 0.9 percent of the amount made available to the Department 

for applied energy research, development, demonstration, and commercial application for each fiscal year based on future planned activities and the amount of the appropriations for the fiscal year, to 

be used to provide matching funds with private partners to promote promising energy technologies for commercial purposes. 

(f) TECHNOLOGY TRANSFER RESPONSIBILITY.—Nothing in this section affects the technology transfer responsibilities of Federal employees under the Stevenson-Wydler Technology Innovation Act of 

1980 (15 U.S.C. 3701 et seq.). 

(g) EARLY STAGE TECHNOLOGY DEMONSTRATION.—The Secretary 

shall permit the directors of the National Laboratories to use funds 

authorized to support technology transfer within the Department to 

carry out early stage and precommercial technology demonstration 

activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities. 

ø(g)¿(h) PLANNING AND REPORTING.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of this Act, the Secretary shall submit to Congress 

a technology transfer execution plan. 

(2) UPDATES.—Each year after the submission of the plan 

under paragraph (1), the Secretary shall submit to Congress an 

updated execution plan and reports that describe progress toward meeting goals set forth in the execution plan and the 

funds expended under subsection (e). 

* * * * * * * 

SEC. 1008. PRIZES FOR ACHIEVEMENT IN GRAND CHALLENGES OF 

SCIENCE AND TECHNOLOGY. 

* * * * * * * 

(g) E-PRIZE COMPETITION PILOT PROGRAM.— 


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(1) DEFINITIONS.—In this section: 

(A) ELIGIBLE ENTITY.—The term eligible ‘‘entity’’ means— 

(i) a private sector for-profit or nonprofit entity; 

(ii) a public-private partnership; or 

(iii) a local, municipal, or tribal governmental entity. 

(B) HIGH-COST REGION.—The term ‘‘high-cost region’’ 

means a region in which the average annual unsubsidized 

costs of electrical power retail rates or household space 

heating costs per square foot exceed 150 percent of the national average, as determined by the Secretary. 

(2) E-PRIZE COMPETITION PILOT PROGRAM.— (A) IN GENERAL.—The Secretary shall establish an e-prize 

competition or challenge pilot program to broadly implement sustainable community and regional energy solutions 

that seek to reduce energy costs through increased efficiency, conservation, and technology innovation in high-cost 

regions. 

(B) SELECTION.—In carrying out the pilot program under 

subparagraph (A), the Secretary shall award a prize purse, 

in amounts to be determined by the Secretary, to each eligible entity selected through 1 or more of the following competitions or challenges: 

(i) A point solution competition that rewards and 

spurs the development of solutions for a particular, 

well-defined problem. 

(ii) An exposition competition that helps identify and 

promote a broad range of ideas and practices that may 

not otherwise attract attention, facilitating further development of the idea or practice by third parties. 

(iii) A participation competition that creates value 

during and after the competition by encouraging contestants to change their behavior or develop new skills 

that may have beneficial effects during and after the 

competition. 

(iv) Such other types of prizes or challenges as the 

Secretary, in consultation with relevant heads of Federal agencies, considers appropriate to stimulate innovation that has the potential to advance the mission of 

the applicable Federal agency. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out this subsection $10,000,000, to 

remain available until expended. 

* * * * * * * 

SEC. 1701. DEFINITIONS. 

In this title: 

* * * * * * * 

(6) STATE.—The term ‘‘State’’ has the meaning given the term 

in section 202 of the Energy Conservation and Production Act 

(42 U.S.C. 6802). 

(7) STATE ENERGY FINANCING INSTITUTION.— 

(A) IN GENERAL.—The term ‘‘State energy financing institution’’ means a quasi-independent entity or an entity within a State agency or financing authority established by a 

State— 


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(i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and 

(ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other 

steps to reduce financial barriers to the deployment of 

existing and new eligible projects. 

(B) INCLUSION.—The term ‘‘State energy financing institution’’ includes an entity or organization established to 

achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian tribal entity or an Alaska Native Corporation. 

* * * * * * * 

SEC. 1702. TERMS AND CONDITIONS. 

(a) IN GENERAL.—Except for division C of Public Law 108–324, 

the Secretary shall make guarantees under this or any other Act 

for projects or to a State energy financing institution on such terms 

and conditions as the Secretary determines, after consultation with 

the Secretary of the Treasury, only in accordance with this section. 

(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

ø(1) IN GENERAL.—No guarantee¿ Subject to subsection (l), no 

guarantee shall be made unless— 

ø(A)¿(1) an appropriation for the cost of the guarantee 

has been made; 

ø(B)¿(2) the Secretary has received from the borrower a 

payment in full for the cost of the guarantee and deposited 

the payment into the Treasury; or 

ø(C)¿(3) a combination of one or more appropriations 

under øsubparagraph (A)¿ paragraph (1) and one or more 

payments from the borrower under øsubparagraph (B)¿ 

paragraph (2) has been made that is sufficient to cover the 

cost of the guarantee. 

* * * * * * * 

(d) REPAYMENT.— (1) IN GENERAL.—No guarantee shall be made unless the 

Secretary determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the 

borrower. 

(2) AMOUNT.—No guarantee shall be made unless the Secretary determines that the amount of the obligation (when 

combined with amounts available to the borrower from other 

sources) will be sufficient to carry out the project. 

(3) SUBORDINATION.—The obligation shall be subject to the 

condition that the obligation øis not subordinate¿ (including 

any reorganization, restructuring, or termination of the obligation) shall not at any time be subordinate to other financing. 

* * * * * * * 

(l) BORROWER PAYMENT OF SUBSIDY COST.— (1) IN GENERAL.—In addition to the requirement in subsection 

(b)(1), no guarantee shall be made unless the Secretary has received from the borrower not less than 25 percent of the cost of 

the guarantee. 


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(2) ESTIMATE.—The Secretary shall provide to the borrower, 

as soon as practicable, an estimate or range of the cost of the 

guarantee under paragraph (1). 

(m) STATE ENERGY FINANCING INSTITUTIONS.— (1) ELIGIBILITY.—To be eligible for a guarantee under this 

title, a State energy financing institution— 

(A) shall meet the requirements of section 1703(a)(1); and 

(B) shall not be required to meet the requirements of section 1703(a)(2). 

(2) PARTNERSHIPS AUTHORIZED.—In carrying out a project receiving a loan guarantee under this title, State energy financing 

institutions may enter into partnerships with private entities, 

tribal entities, and Alaska Native corporations. 

* * * * * * * 

SEC. 1703. ELIGIBLE PRIZES. 

* * * * * * * 

(b) CATEGORIES.—Projects from the following categories shall be 

eligible for a guarantee under this section: 

(1) Renewable energy systems (excluding the burning of commonly recycled paper that has been segregated from solid 

waste to generate electricity). 

* * * * * * * 

(f) LOAN STATUS.— (1) REQUEST.—If the Secretary does not make a final decision 

on an application for a loan guarantee under this section by the 

date that is 270 days after receipt of the application by the Secretary, on that date and every 90 days thereafter until the final 

decision is made, the applicant may request that the Secretary 

provide to the applicant a description of the status of the application. 

(2) RESPONSE.—Not later than 10 days after receiving a request from an applicant under paragraph (1), the Secretary 

shall provide to the applicant a response that includes— 

(A) a summary of any factors that are delaying a final 

decision on the application; and 

(B) an estimate of when review of the application will be 

completed. 

* * * * * * * 

øSEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY AND ELECTRIC POWER TRANSMISSION 

PROJECTS. 

ø(a) IN GENERAL.—Notwithstanding section 1703, the Secretary 

may make guarantees under this section only for the following categories of projects that commence construction not later than September 30, 2011: 

ø(1) Renewable energy systems, including incremental hydropower, that generate electricity or thermal energy, and facilities that manufacture related components. 

ø(2) Electric power transmission systems, including upgrading and reconductoring projects. 

ø(3) Leading edge biofuel projects that will use technologies 

performing at the pilot or demonstration scale that the Secretary determines are likely to become commercial technologies 


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and will produce transportation fuels that substantially reduce 

life-cycle greenhouse gas emissions compared to other transportation fuels. 

ø(b) FACTORS RELATING TO ELECTRIC POWER TRANSMISSION SYS- TEMS.—In determining to make guarantees to projects described in 

subsection (a)(2), the Secretary may consider the following factors: 

ø(1) The viability of the project without guarantees. 

ø(2) The availability of other Federal and State incentives. 

ø(3) The importance of the project in meeting reliability 

needs. 

ø(4) The effect of the project in meeting a State or region’s 

environment (including climate change) and energy goals. 

ø(c) WAGE RATE REQUIREMENTS.—The Secretary shall require 

that each recipient of support under this section provide reasonable 

assurance that all laborers and mechanics employed in the performance of the project for which the assistance is provided, including those employed by contractors or subcontractors, will be paid 

wages at rates not less than those prevailing on similar work in 

the locality as determined by the Secretary of Labor in accordance 

with subchapter IV of chapter 31 of part A of subtitle II of title 40, 

United States Code (commonly referred to as the ‘‘Davis-Bacon 

Act’’). 

ø(d) LIMITATION.—Funding under this section for projects de- scribed in subsection (a)(3) shall not exceed $500,000,000. 

ø(e) SUNSET.—The authority to enter into guarantees under this 

section shall expire on September 30, 2011.¿ 

* * * * * * * 

SEC. 1841. NET ENERGY METERING STUDY. 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary shall— 

(1) issue guidance on criteria required to be included in studies of net metering conducted by the Department; and 

(2) undertake a study of net energy metering. 

(b) REQUIREMENTS AND CONTENTS.—The model guidance issued 

under subsection (a) shall clarify without prejudice to other study 

criteria that any study of net energy metering, including the study 

conducted by the Department under subsection (a) shall— 

(1) be publicly available; and 

(2) assess benefits and costs of net energy metering, including— 

(A) load data, including hourly profiles; 

(B) distributed generation production data; 

(C) best available technology, including inverter capability; and 

(D) benefits and costs of distributed energy deployment, 

including— 

(i) environmental benefits; 

(ii) changes in electric system reliability; 

(iii) changes in peak power requirements; 

(iv) provision of ancillary services, including reactive 

power; 

(v) changes in power quality; 

(vi) changes in land-use effects; 

(vii) changes in right-of-way acquisition costs; 


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(viii) changes in vulnerability to terrorism; and 

(ix) changes in infrastructure resilience. 

* * * * * * * 

ENERGY POLICY ACT OF 1992 

Public Law 102–486, as amended 

* * * * * * * 

TABLE OF CONTENTS 

* * * * * * * 

TITLE I—ENERGY EFFICIENCY 

* * * * * * * 

Subtitle F—Federal Agency Energy Management 

Sec. 151. Definitions. 

Sec. 152. Federal energy management amendments. 

Sec. 153. General Services Administration Federal Buildings Fund. 

øSec. 154. Report by General Services Administration.¿ 

Sec. 155. Energy savings performance contracts. 

øSec. 156. Intergovernmental energy management planning and coordination.¿ 

Sec. 157. Federal agency energy management training. 

Sec. 158. Energy audit teams. 

Sec. 159. Federal energy cost accounting and management. 

Sec. 160. Inspector General review and agency accountability. 

øSec. 161. Procurement and identification of energy efficient products.¿ 

Sec. 162. Federal energy efficiency funding study. 

Sec. 163. United States Postal Service energy regulations. 

Sec. 164. United States Postal Service building energy survey and report. 

Sec. 165. United States Postal Service energy management report. 

Sec. 166. Energy management requirements for the United States Postal Service. 

Sec. 167. Government contract incentives. 

Sec. 168. Energy management requirements for congressional buildings. 

* * * * * * * 

øSEC. 131. ENERGY EFFICIENCY IN INDUSTRIAL FACILITIES. 

ø(a) GRANT PROGRAM.— 

ø(1) IN GENERAL.—The Secretary shall make grants to industry associations to support programs to improve energy efficiency in industry. In order to be eligible for a grant under this 

subsection, an industry association shall establish a voluntary 

energy efficiency improvement target program. 

ø(2) AWARDING OF GRANTS.—The Secretary shall request 

project proposals and provide annual grants on a competitive 

basis. In evaluating grant proposals under this subsection, the 

Secretary shall consider— 

ø(A) potential energy savings; 

ø(B) potential environmental benefits; 

ø(C) the degree of cost sharing; 

ø(D) the degree to which new and innovative technologies will be encouraged; 

ø(E) the level of industry involvement; 

ø(F) estimated project cost-effectiveness; and 

ø(G) the degree to which progress toward the energy improvement targets can be monitored. 


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ø(3) ELIGIBLE PROJECTS.—Projects eligible for grants under 

this subsection may include the following: 

ø(A) Workshops. 

ø(B) Training seminars. 

ø(C) Handbooks. 

ø(D) Newsletters. 

ø(E) Data bases. 

ø(F) Other activities approved by the Secretary. 

ø(4) LIMITATION ON COST SHARING.—Grants provided under 

this subsection shall not exceed $250,000 and each grant shall 

not exceed 75 percent of the total cost of the project for which 

the grant is made. 

ø(5) AUTHORIZATION.—There are authorized to be appropriated such sums as are necessary to carry out this subsection. 

ø(b) AWARD PROGRAM.—The Secretary shall establish an annual 

award program to recognize those industry associations or individual industrial companies that have significantly improved their 

energy efficiency. 

ø(c) REPORT ON INDUSTRIAL REPORTING AND VOLUNTARY TARGETS.—Not later than one year after the date of the enactment of 

this Act, the Secretary shall, in consultation with affected industries, evaluate and report to the Congress regarding the establishment of Federally mandated energy efficiency reporting requirements and voluntary energy efficiency improvement targets for energy intensive industries. Such report shall include an evaluation 

of the costs and benefits of such reporting requirements and voluntary energy efficiency improvement targets, and recommendations regarding the role of such activities in improving energy efficiency in energy intensive industries.¿ 

øSEC. 132. PROCESS-ORIENTED INDUSTRIAL ENERGY EFFICIENCY. 

ø(a) DEFINITIONS.—For the purposes of this section— 

ø(1) the term ‘‘covered industry’’ means the food and food 

products industry, lumber and wood products industry, petroleum and coal products industry, and all other manufacturing 

industries specified in Standard Industrial Classification Codes 

20 through 39 (or successor classification codes); 

ø(2) the term ‘‘process-oriented industrial assessment’’ 

means— 

ø(A) the identification of opportunities in the production 

process (from the introduction of materials to final packaging of the product for shipping) for— 

ø(i) improving energy efficiency; 

ø(ii) reducing environmental impact; and 

ø(iii) designing technological improvements to 

increase competitiveness and achieve cost-effective 

product quality enhancement; 

ø(B) the identification of opportunities for improving the 

energy efficiency of lighting, heating, ventilation, air conditioning, and the associated building envelope; and 

ø(C) the identification of cost-effective opportunities for 

using renewable energy technology in the production process and in the systems described in subparagraph (B); and 


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ø(3) the term ‘‘utility’’ means any person, State agency (including any municipality), or Federal agency, which sells electric or gas energy to retail customers. 

ø(b) GRANT PROGRAM.— 

ø(1) USE OF FUNDS.—The Secretary shall, to the extent funds 

are made available for such purpose, make grants to States 

which, consistent with State law, shall be used for the following purposes: 

ø(A) To promote, through appropriate institutions such 

as universities, nonprofit organizations, State and local 

government entities, technical centers, utilities, and trade 

organizations, the use of energy-efficient technologies in 

covered industries. 

ø(B) To establish programs to train individuals (on an 

industry-by-industry basis) in conducting process-oriented 

industrial assessments and to encourage the use of such 

trained assessors. 

ø(C) To assist utilities in developing, testing, and evaluating energy efficiency programs and technologies for industrial customers in covered industries. 

ø(2) CONSULTATION.—States receiving grants under this subsection shall consult with utilities and representatives of affected industries, as appropriate, in determining the most effective use of such funds consistent with the requirements of 

paragraph (1). 

ø(3) ELIGIBILITY CRITERIA.—Not later than 1 year after the 

date of the enactment of this Act, the Secretary shall establish 

eligibility criteria for grants made pursuant to this subsection. 

Such criteria shall require a State applying for a grant to demonstrate that such State— 

ø(A) pursuant to section 111(a) of the Public Utility and 

Regulatory Policies Act of 1978 (16 U.S.C. 2621(a)), has 

considered and made a determination regarding the implementation of the standards specified in paragraphs (7) and 

(8) of section 111(d) of such Act (with respect to integrated 

resources planning and investments in conservation and 

demand management); and 

ø(B) by legislation or regulation— 

ø(i) allows utilities to recover the costs prudently incurred in providing process-oriented industrial assessments; and 

ø(ii) encourages utilities to provide to covered industries— 

ø(I) process-oriented industrial assessments; 

and 

ø(II) financial incentives for implementing energy efficiency improvements. 

ø(4) ALLOCATION OF FUNDS.—Grants made pursuant to this 

subsection shall be allocated each fiscal year among States 

meeting the criteria specified in paragraph (3) who have submitted applications 60 days before the first day of such fiscal 

year. Such allocation shall be made in accordance with a formula to be prescribed by the Secretary based on each State’s 

share of value added in industry (as determined by the Census 


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of Manufacturers) as a percentage of the value added by all 

such States. 

ø(5) RENEWAL OF GRANTS.—A grant under this subsection 

may continue to be renewed after 2 consecutive fiscal years 

during which a State receives a grant under this subsection, 

subject to the availability of funds, if— 

ø(A) the Secretary determines that the funds made 

available to the State during the previous 2 years were 

used in a manner required under paragraph (1); and 

ø(B) such State demonstrates, in a manner prescribed by 

the Secretary, utility participation in programs established 

pursuant to this subsection. 

ø(6) COORDINATION WITH OTHER FEDERAL PROGRAMS.—In carrying out the functions described in paragraph (1), States 

shall, to the extent practicable, coordinate such functions with 

activities and programs conducted by the Energy Analysis and 

Diagnostic Centers of the Department of Energy and the Manufacturing Technology Centers of the National Institute of 

Standards and Technology. 

ø(c) OTHER FEDERAL ASSISTANCE.— 

ø(1) ASSESSMENT CRITERIA.—Not later than 2 years after the 

date of the enactment of this Act, the Secretary shall, by contract with nonprofit organizations with expertise in process-oriented industrial energy efficiency technologies, establish and, 

as appropriate, update criteria for conducting process-oriented 

industrial assessments on an industry-by-industry basis. Such 

criteria shall be made available to State and local government, 

public utility commissions, utilities, representatives of affected 

process-oriented industries, and other interested parties. 

ø(2) DIRECTORY.—The Secretary shall establish a nationwide 

directory of organizations offering industrial energy efficiency 

assessments, technologies, and services consistent with the 

purposes of this section. Such directory shall be made available 

to State governments, public utility commissions, utilities, industry representatives, and other interested parties. 

ø(3) AWARD PROGRAM.—The Secretary shall establish an annual award program to recognize utilities operating outstanding or innovative industrial energy efficiency technology 

assistance programs. 

ø(4) MEETINGS.—In order to further the purposes of this section, the Secretary shall convene annual meetings of parties interested in process-oriented industrial assessments, including 

representatives of State government, public utility commissions, utilities, and affected process-oriented industries. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary to carry out the 

purposes of this section.¿ 

øSEC. 133. INDUSTRIAL INSULATION AND AUDIT GUIDELINES. 

ø(a) VOLUNTARY GUIDELINES FOR ENERGY EFFICIENCY AUDITING

AND INSULATING.—Not later than 18 months after the date of the 

enactment of this Act, the Secretary, after consultation with utilities, major industrial energy consumers, and representatives of the 

insulation industry, shall establish voluntary guidelines for— 


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ø(1) the conduct of energy efficiency audits of industrial facilities to identify cost-effective opportunities to increase energy efficiency; and 

ø(2) the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities. 

ø(b) EDUCATIONAL AND TECHNICAL ASSISTANCE.—The Secretary 

shall conduct a program of educational and technical assistance to 

promote the use of the voluntary guidelines established under subsection (a).¿ 

* * * * * * * 

øSEC. 154. REPORT BY GENERAL SERVICES ADMINISTRATION. 

øNot later than one year after the date of the enactment of this 

Act, and annually thereafter, the Administrator of General Services 

shall report to the Committee on Governmental Affairs and the 

Committee on Energy and Natural Resources of the Senate and the 

Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives on the activities of the 

General Services Administration conducted pursuant to this subtitle.¿ 

* * * * * * * 

øSEC. 156. INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING 

AND COORDINATION. 

ø(a) CONFERENCE WORKSHOPS.—The Administrator of General 

Services, in consultation with the Secretary and the Task Force, 

shall hold regular, biennial conference workshops in each of the 10 

standard Federal regions on energy management, conservation, efficiency, and planning strategy. The Administrator shall work and 

consult with the Department of Energy and other Federal agencies 

to plan for particular regional conferences. The Administrator shall 

invite Department of Energy, State, local, tribal, and county public 

officials who have responsibilities for energy management or may 

have an interest in such conferences and shall seek the input of, 

and be responsive to, the views of such officials in the planning and 

organization of such workshops. 

ø(b) FOCUS OF WORKSHOPS.—Such workshops and conferences 

shall focus on the following (but may include other topics): 

ø(1) Developing strategies among Federal, State, tribal, and 

local governments to coordinate energy management policies 

and to maximize available intergovernmental energy management resources within the region regarding the use of governmental facilities and buildings. 

ø(2) The design, construction, maintenance, and retrofitting 

of governmental facilities to incorporate energy efficient techniques. 

ø(3) Procurement and use of energy efficient products. 

ø(4) Dissemination of energy information on innovative programs, technologies, and methods which have proven successful in government. 

ø(5) Technical assistance to design and incorporate effective 

energy management strategies. 

ø(c) ESTABLISHMENT OF WORKSHOP TIMETABLE.—As a part of the 

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trator shall set forth the schedule for the regional energy management workshops to be conducted under this section. Not less than 

five such workshops shall be held by September 30, 1993, and at 

least one such workshop shall be held in each of the 10 Federal regions every two years beginning on September 30, 1993.¿ 

* * * * * * * 

SEC. 159. FEDERAL ENERGY COST ACCOUNTING AND MANAGEMENT. 

(a) GUIDELINES.—Not later than 120 days after the date of the 

enactment of this Act, the Director of the Office of Management 

and Budget, in cooperation with the Secretary, the Administrator 

of General Services, and the Secretary of Defense, shall establish 

guidelines to be employed by each Federal agency to assess accurate energy consumption for all buildings or facilities which the 

agency owns, operates, manages or leases, where the Government 

pays utilities separate from the lease and the Government operates 

the leased space. Such guidelines are to be used in reports required 

under section 548 of the National Energy Conservation Policy Act 

(42 U.S.C. 8258). Each agency shall implement such guidelines no 

later than 120 days after their establishment. Each facility energy 

manager shall maintain energy consumption and energy cost 

records for review by the Inspector General, the Congress, and the 

general public. 

(b) CONTENTS OF GUIDELINES.—Such guidelines shall include the 

establishment of a monitoring system to determine— 

(1) which facilities are the most costly to operate when measured on an energy consumption per square foot basis or other 

relevant analytical basis; 

(2) unusual or abnormal changes in energy consumption; and 

(3) the accuracy of utility charges for electric and gas consumption. 

ø(c) FEDERALLY LEASED SPACE ENERGY REPORTING REQUIREMENT.—The Administrator of General Services shall include, in 

each report submitted under section 154, the estimated energy cost 

of leased buildings or space in which the Federal Government does 

not directly pay the utility bills.¿ 

SEC. 160. INSPECTOR GENERAL REVIEW AND AGENCY ACCOUNTABILITY. 

ø(a) AUDIT SURVEY.—Not later than 120 days after the date of 

the enactment of this Act, each Inspector General created to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in section 11(2) 

of the Inspector General Act of 1978 (5 U.S.C. App.), and the Chief 

Postal Inspector of the United States Postal Service, in accordance 

with section 8E(f)(1) as established by section 8E(a)(2) of the Inspector General Act Amendments of 1988 (Public Law 100–504) 

shall— 

ø(1) identify agency compliance activities to meet the requirements of section 543 of the National Energy Conservation 

Policy Act (42 U.S.C. 8253) and any other matters relevant to 

implementing the goals of such Act; and 

ø(2) determine if the agency has the internal accounting 

mechanisms necessary to assess the accuracy and reliability of 

energy consumption and energy cost figures required under 

such section. 


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ø(b) PRESIDENTS COUNCIL ON INTEGRITY AND EFFICIENCY REPORT

TO CONGRESS.—Not later than 150 days after the date of the enactment of this Act, the President’s Council on Integrity and Efficiency shall submit a report to the Committee on Energy and Natural Resources and the Committee on Governmental Affairs of the 

Senate, the Committee on Energy and Commerce, the Committee 

on Government Operations, and the Committee on Public Works 

and Transportation of the House of Representatives, on the review 

conducted by the Inspector General of each agency under this section.¿ 

(c) INSPECTOR GENERAL REVIEW.—Each Inspector General established under section 2 of the Inspector General Act of 1978 (5 

U.S.C. App.) is encouraged to conduct periodic reviews of agency 

compliance with part 3 of title V of the National Energy Conservation Policy Act, the provisions of this subtitle, and other laws relating to energy consumption. Such reviews shall not be inconsistent 

with the performance of the required duties of the Inspector General’s office. 

øSEC. 161. PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT PRODUCTS. 

ø(a) PROCUREMENT.—The Administrator of General Services, the 

Secretary of Defense, and the Director of the Defense Logistics 

Agency, each shall undertake a program to include energy efficient 

products in carrying out their procurement and supply functions. 

ø(b) IDENTIFICATION PROGRAM.—The Administrator of General 

Services, the Secretary of Defense, and the Director of the Defense 

Logistics Agency, in consultation with the Secretary of Energy, 

each shall implement, in conjunction with carrying out their procurement and supply functions, a program to identify and designate those energy efficient products that offer significant potential savings, using, to the extent practicable, the life cycle cost 

methods and procedures developed under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254). The Secretary of Energy shall, to the extent necessary to carry out this section and after consultation with the aforementioned agency heads, 

provide estimates of the degree of relative energy efficiency of products. 

ø(c) GUIDELINES.—The Administrator for Federal Procurement 

Policy, in consultation with the Administrator of General Services, 

the Secretary of Energy, the Secretary of Defense, and the Director 

of the Defense Logistics Agency, shall issue guidelines to encourage 

the acquisition and use by all Federal agencies of products identified pursuant to this section. The Secretary of Defense and the Director of the Defense Logistics Agency shall consider, and place emphasis on, the acquisition of such products as part of the Agency’s 

ongoing review of military specifications. 

ø(d) REPORT TO CONGRESS.—Not later than December 31 of 1993 

and of each year thereafter, the Secretary of Energy, in consultation with the Administrator for Federal Procurement Policy, the 

Administrator of General Services, the Secretary of Defense, and 

the Director of the Defense Logistics Agency, shall report on the 

progress, status, activities, and results of the programs under subsections (a), (b), and (c). The report shall include— 

ø(1) the types and functions of each product identified under 

subsection (b), and efforts undertaken by the Administrator of 


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General Services, the Secretary of Defense, and the Director of 

the Defense Logistics Agency to encourage the acquisition and 

use of such products; 

ø(2) the actions taken by the Administrator of General Services, the Secretary of Defense, and the Director of the Defense 

Logistics Agency to identify products under subsection (b), the 

barriers which inhibit implementation of identification of such 

products, and recommendations for legislative action, if necessary; 

ø(3) progress on the development and issuance of guidelines 

under subsection (c); 

ø(4) an indication of whether energy cost savings technologies identified by the Advanced Building Technology Council, under section 809(h) of the National Housing Act (12 

U.S.C. 1701j–2), have been used in the identification of products under subsection (b); 

ø(5) an estimate of the potential cost savings to the Federal 

Government from acquiring products identified under subsection (b) with respect to which energy is a significant component of life cycle cost, based on the quantities of such products 

that could be utilized throughout the Government; and 

ø(6) the actual quantities acquired of products described in 

paragraph (5).¿ 

* * * * * * * 

SEC. 2101. GENERAL IMPROVED ENERGY EFFICIENCY. 

(a) PROGRAM DIRECTION.—The Secretary shall conduct a 5-year 

program, in accordance with sections 3001 and 3002 of this Act, on 

cost effective technologies to improve energy efficiency and increase 

the use of renewable energy in the buildings, industrial, and utility 

sectors. Such program shall include a broad range of technological 

approaches, and shall include field demonstrations of sufficient 

scale and number to prove technical and economic viability to meet 

the goals stated in section 2001. Such program shall include the activities required under øsections 2102, 2103, 2104, 2105, 2106, 

2107, and 2108¿ sections 2102, 2104, 2105, 2106, and 2108 of this 

Act and sections 376 of the Energy Policy and Conservation Act and 

ongoing activities of a similar nature at the Department of Energy. 

Such program shall also include the activities conducted pursuant 

to the Steel and Aluminum Energy Conservation and Technology 

Competitiveness Act of 1988 (Public Law 100–680) and the Department of Energy Metal Casting Competitiveness Research Act of 

1990 (Public Law 101–425). 

* * * * * * * 

øSEC. 2103. PULP AND PAPER. 

ø(a) PROGRAM DIRECTION.—The Secretary shall conduct a 5-year 

program, in accordance with sections 3001 and 3002 of this Act, on 

advanced pulp and paper technologies. Such program shall include 

activities on energy generation technologies, boilers, combustion 

processes, pulping processes (excluding de-inking), chemical recovery, causticizing, source reduction processes, and other related 

technologies that can improve the energy efficiency of, and reduce 

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ations. This section does not authorize projects involving the combustion of waste paper, other than gasification. 

ø(b) PROPOSALS.—Within 180 days after the date of enactment of 

this Act, the Secretary shall solicit proposals for conducting activities under this section.¿ 

* * * * * * * 

øSEC. 2107. IMPROVING EFFICIENCY IN ENERGY-INTENSIVE INDUSTRIES. 

ø(a) SECRETARIAL ACTION.—The Secretary, in accordance with 

sections 3001 and 3002 of this Act, shall— 

ø(1) pursue a research, development, demonstration and 

commercial application program intended to improve energy efficiency and productivity in energy-intensive industries and industrial processes; and 

ø(2) undertake joint ventures to encourage the commercialization of technologies developed under paragraph (1). 

ø(b) JOINT VENTURES.—(1) The Secretary shall— 

ø(A) conduct a competitive solicitation for proposals from private firms and investors for such joint ventures under subsection (a)(2); and 

ø(B) provide financial assistance to at least five such joint 

ventures. 

ø(2) The purpose of the joint ventures shall be to design, test, 

and demonstrate changes to industrial processes that will result in 

improved energy efficiency and productivity. The joint ventures 

may also demonstrate other improvements of benefit to such industries so long as demonstration of energy efficiency improvements is 

the principal objective of the joint venture. 

ø(3) In evaluating proposals for financial assistance and joint 

ventures under this section, the Secretary shall consider— 

ø(A) whether the activities conducted under this section improve the quality and energy efficiency of industries or industrial processes; 

ø(B) the regional distribution of the energy-intensive industries and industrial processes; and 

ø(C) whether the proposed joint venture project would be located in the region which has the energy-intensive industry 

and industrial processes that would benefit from the project.¿ 

* * * * * * * 

SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT. 

* * * * * * * 

(b) DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION PLANNING AND MANAGEMENT ASSISTANCE PROGRAM.— 

(1) The Director shall establish programs to assist consenting Indian tribes in meeting energy education, research 

and development, planning, and management needs. 

(2) In carrying out this subsection, the Director may provide 

grants, on a competitive basis, to an Indian tribe or tribal energy resource development organization for use in carrying 

out— 

(A) energy, energy efficiency, and energy conservation 

programs; 


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(B) studies and other activities supporting tribal acquisitions of energy supplies, services, and facilities, including 

the creation of tribal utilities to assist in securing electricity to promote electrification of homes and businesses 

on Indian land; 

(C) planning, construction, development, operation, 

maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and 

(D) development, construction, and interconnection of 

electric power transmission facilities located on Indian 

land with other electric transmission facilities. 

(3)(A) The Director shall develop a program to support and 

implement research projects that provide Indian tribes with 

opportunities to participate in carbon sequestration practices 

on Indian land, including— 

(i) geologic sequestration; 

(ii) forest sequestration; 

(iii) agricultural sequestration; and 

(iv) any other sequestration opportunities the Director 

considers to be appropriate. 

(B) The activities carried out under subparagraph (A) shall 

be— 

(i) coordinated with other carbon sequestration research 

and development programs conducted by the Secretary of 

Energy; 

(ii) conducted to determine methods consistent with existing standardized measurement protocols to account and 

report the quantity of carbon dioxide or other greenhouse 

gases sequestered in projects that may be implemented on 

Indian land; and 

(iii) reviewed periodically to collect and distribute to Indian tribes information on carbon sequestration practices 

that will increase the sequestration of carbon without 

threatening the social and economic well-being of Indian 

tribes. 

(4)(A) The Director, in consultation with Indian tribes, may 

develop a formula for providing grants under this subsection. 

(B) In providing a grant under this subsection, the Director 

shall give priority to any application received from an Indian 

tribe with inadequate electric service (as determined by the Director). 

(C) In providing a grant under this subsection for an activity 

to provide, or expand the provision of, electricity on Indian 

land, the Director shall encourage cooperative arrangements 

between Indian tribes and utilities that provide service to Indian tribes, as the Director determines to be appropriate. 

(5) The Secretary of Energy may issue such regulations as 

the Secretary determines to be necessary to carry out this subsection. 

(6) There is authorized to be appropriated to carry out this 

subsection $20,000,000 for each of fiscal years 2006 through 

ø2016¿ 2026. 


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ENERGY POLICY AND CONSERVATION ACT 

Public Law 94–163, as amended 

* * * * * * * 

TABLE OF CONTENTS 

* * * * * * * 

TITLE III—IMPROVING ENERGY EFFICIENCY 

* * * * * * * 

øPART I—OFF-HIGHWAY MOTOR VEHICLES¿ 

øSEC. 385. Off-Highway motor vehicle conservation study.¿ 

* * * * * * * 

DEFINITIONS 

SEC. 3. As used in this Act: 

* * * * * * * 

(8) The term ‘‘severe energy supply interruption’’ means a 

national energy supply shortage which the President determines— 

(A) is, or is likely to be, of significant scope and duration, and of an emergency nature; 

(B) may cause major adverse impact on national safety 

or the national economy; and 

(C) results, or is likely to result, from (i) an interruption 

in the supply of imported petroleum products, (ii) an interruption in the supply of domestic petroleum products, or 

(iii) øsabotage or an act of God¿ sabotage, an act of terrorism, or an act of God. 

* * * * * * * 

TITLE I—MATTERS RELATED TO DOMESTIC 

SUPPLY AVAILABILITY 

* * * * * * * 

PART B—STRATEGIC PETROLEUM RESERVE 

* * * * * * * 

DEFINITIONS 

SEC. 152. As used in this part and part C: 

* * * * * * * 

(8) The term ‘‘related facility’’ means any necessary appurtenance to a storage facility, including pipelines, roadways, reservoirs, terminals, and salt brine lines. 

* * * * * * * 


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DRAWDOWN AND SALE OF PETROLEUM PRODUCTS 

SEC. 161. (a) The Secretary may drawdown and sell petroleum 

products in the Reserve only in accordance with the provisions of 

this section. 

* * * * * * * 

(g)(1) The Secretary shall conduct a continuing evaluation of the 

drawdown and sales procedures. In the conduct of an evaluation, 

the Secretary is authorized to carry out a test drawdown and sale 

or exchange of petroleum products from the Reserve. Such a test 

drawdown and sale or exchange may not exceed 5,000,000 barrels 

of petroleum products. 

* * * * * * * 

ø(8) The Secretary shall transmit to both Houses of the Congress 

a detailed explanation of the test carried out under this subsection. 

Such explanation may be a part of any report made to the President and the Congress under section 165.¿ 

(8) NOTICE TO CONGRESS.— 

(A) PRIOR NOTICE.—Not less than 14 days before the date on 

which a test is carried out under this subsection, the Secretary 

shall notify both Houses of Congress of the test. 

(B) EMERGENCY.—The prior notice requirement in subparagraph (A) shall not apply if the Secretary determines that an 

emergency exists which requires a test to be carried out, in 

which case the Secretary shall notify both Houses of Congress 

of the test as soon as possible. 

(C) DETAILED DESCRIPTION.— 

(i) IN GENERAL.—Not later than 180 days after the date 

on which a test is completed under this subsection, the Secretary shall submit to both Houses of Congress a detailed 

description of the test. 

(ii) REPORT.—A detailed description submitted under 

clause (i) may be included as part of a report made to the 

President and Congress under section 165. 

* * * * * * * 

SPR PETROLEUM ACCOUNT 

SEC. 167. (a) The Secretary of the Treasury shall establish in the 

Treasury of the United States an account to be known as the ‘‘SPR 

Petroleum Account’’ (hereinafter in this section referred to as the 

‘‘Account’’). 

* * * * * * * 

ø(b) Amounts in the Account may be obligated by the Secretary 

of Energy for the acquisition, transportation, and injection of petroleum products into the Strategic Petroleum Reserve, for test sales 

of petroleum products from the Reserve, and for the drawdown, 

sale, and delivery of petroleum products from the Reserve— 

ø(2) in the case of any fiscal year, subject to section 660 of 

the Department of Energy Organization Act, in such aggregate 

amounts as may be appropriated in advance in appropriation 

Acts; and 

ø(3) in the case of any fiscal year, notwithstanding section 

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gregate amount equal to the aggregate amount of the receipts 

to the United States from the sale of petroleum products in 

any drawdown and distribution of the Strategic Petroleum Reserve under section 161, including a drawdown and distribution carried out under subsection (g) of such section, or from 

the sale of petroleum products under section 160(f). 

øFunds available to the Secretary of Energy for obligation under 

this subsection may remain available without fiscal year limitation.¿ 

(b) OBLIGATION OF FUNDS FOR THE ACQUISITION, TRANSPORTATION, AND INJECTION OF PETROLEUM PRODUCTS INTO SPR AND

FOR OTHER PURPOSES.— 

(1) PURPOSES.—Amounts in the Account may be obligated by 

the Secretary of Energy for— 

(A) the acquisition, transportation, and injection of petroleum products into the Reserve; 

(B) test sales of petroleum products from the Reserve; 

(C) the drawdown, sale, and delivery of petroleum products from the Reserve; 

(D) the construction, maintenance, repair, and replacement of storage facilities and related facilities; and 

(E) carrying out non-Reserve projects needed to enhance 

the energy security of the United States by increasing the 

resilience, reliability, safety, and security of energy supply, 

transmission, storage, or distribution infrastructure. 

(2) AMOUNTS.—Amounts in the Account may be obligated by the 

Secretary of Energy for purposes of paragraph (1), in the case of any 

fiscal year— 

(A) subject to section 660 of the Department of Energy 

Organization Act (42 U.S.C. 7270), in such aggregate 

amounts as may be appropriated in advance in appropriations Acts; and 

(B) notwithstanding section 660 of the Department of Energy Organization Act (42 U.S.C. 7270), in an aggregate 

amount equal to the aggregate amount of the receipts to the 

United States from the sale of petroleum products in any 

drawdown and a distribution of the Reserve under section 

161, including— 

(i) a drawdown and distribution carried out under 

subsection (g) of that section; or 

(ii) from the sale of petroleum products under section 

160(f). 

(3) AVAILABILITY OF FUNDS.—Funds available to the Secretary of Energy for obligation under this subsection may remain available without fiscal year limitation. 

* * * * * * ** 

TITLE III—IMPROVING ENERGY EFFICIENCY 

PART B—ENERGY CONSERVATION PROGRAM FOR 

CONSUMER PRODUCTS OTHER THAN AUTOMOBILES 

* * * * * * * 


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ENERGY STAR PROGRAM 

SEC. 324A. (a) IN GENERAL.— * * * 

* * * * * * * 

(e) THIRD-PARTY CERTIFICATION.— (1) IN GENERAL.—Subject to paragraph (2), not later than 180 

days after the date of enactment of this subsection, the Administrator shall revise the certification requirements for the labeling 

of consumer, home, and office electronic products for program 

partners that have complied with all requirements of the Energy Star program for a period of at least 18 months. 

(2) ADMINISTRATION.—In the case of a program partner described in paragraph (1), the new requirements under paragraph (1)— 

(A) shall not require third-party certification for a product to be listed; but 

(B) may require that test data and other product information be submitted to facilitate product listing and performance verification for a sample of products. 

(3) THIRD PARTIES.—Nothing in this subsection prevents the 

Administrator from using third parties in the course of the administration of the Energy Star program. 

(4) TERMINATION.— 

(A) IN GENERAL.—Subject to subparagraph (B), an exemption from third-party certification provided to a program partner under paragraph (1) shall terminate if the 

program partner is found to have violated program requirements with respect to at least 2 separate models during a 

2-year period. 

(B) RESUMPTION.—A termination for a program partner 

under subparagraph (A) shall cease if the program partner 

complies with all Energy Star program requirements for a 

period of at least 3 years. 

* * * * * * * 

ENERGY CONSERVATION STANDARDS 

SEC. 325. (a) PURPOSES.— * * * 

* * * * * * * 

(f) STANDARDS FOR FURNACES AND BOILERS.— 

* * * * * * * 

(4)(A) The Secretary shall publish a final rule no later than 

January 1, 1992, to determine whether the standards established by paragraph (2) for mobile home furnaces should be 

amended. Such rule shall provide that any amendment shall 

apply to products manufactured on or after January 1, 1994. 

(B) The Secretary shall publish a final rule no later than 

January 1, 1994, to determine whether the standards established by this subsection for furnaces (including mobile home 

furnaces) should be amended. Such rule shall provide that any 

amendment shall apply to products manufactured on or after 

January 1, 2002. 

(C) After January 1, 1997, and before January 1, 2007, the 

Secretary shall publish a final rule to determine whether 


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standards in effect for such products should be amended. Such 

rule shall contain such amendment, if any, and provide that 

any amendment shall apply to products manufactured on or 

after January 1, 2012. 

(D) Notwithstanding any other provision of this Act, if the 

requirements of subsection (o) are met, not later than December 31, 2013, the Secretary shall consider and prescribe energy 

conservation standards or energy use standards for electricity 

used for purposes of circulating air through duct work. 

(E) RESTRICTION ON FINAL RULE FOR RESIDENTIAL NON- WEATHERIZED GAS FURNACES AND MOBILE HOME FURNACES.— (i) IN GENERAL.—Notwithstanding any other provision of 

this Act, the Secretary shall not prescribe a final rule 

amending the efficiency standards for residential nonweatherized gas furnaces or mobile home furnaces until 

each of the following has occurred: 

(I) The Secretary convenes a representative advisory 

group of interested stakeholders, including the manufacturers, distributors, and contractors of residential 

non-weatherized gas furnaces and mobile home furnaces, home builders, building owners, energy efficiency advocates, natural gas utilities, electric utilities, 

and consumer groups. 

(II) Not later than 1 year after the date of enactment 

of this subparagraph, the advisory group described in 

subclause (I) completes an analysis of a nationwide requirement of a condensing furnace efficiency standard 

including— 

(aa) a complete analysis of current market 

trends regarding the transition of sales from noncondensing furnaces to condensing furnaces; 

(bb) the projected net loss in the industry of the 

present value of original equipment manufactured 

after adoption of the standard; 

(cc) the projected consumer payback period and 

life cycle cost savings after adoption of the standard; 

(dd) a determination of whether the standard is 

economically justified, based solely on the definition of energy under section 321; and 

(ee) other common economic principles. 

(III) The advisory group described in subclause (I) 

reviews the analysis and determines whether a nationwide requirement of a condensing furnace efficiency 

standard is technically feasible and economically justified. 

(IV) The final determination of the advisory group 

under subclause (III) is published in the Federal Register. 

(ii) AMENDED STANDARDS.—If the advisory group determines under clause (i)(III) that a nationwide requirement 

of a condensing furnace efficiency standard is not technically feasible and economically justified, the Secretary 

shall, not later than 180 days after the date on which the 

final determination of the advisory group is published in 


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the Federal Register under clause (i)(IV), establish amended standards through the negotiated rulemaking procedure 

provided for under subchapter III of chapter 5 of title 5, 

United States Code (commonly known as the ‘‘Negotiated 

Rulemaking Act of 1990’’). 

* * * * * * * 

REQUIREMENTS OF MANUFACTURERS 

SEC. 326. (a) IN GENERAL.— * * * 

* * * * * * * 

(b) NOTIFICATION.—(1) Each manufacturer of a covered product 

to which a rule under section 324 applies shall notify the Secretary 

or the Commission— 

(A) not later than 60 days after the date such rule takes effect, of the models in current production (and starting serial 

numbers of those models) to which such rule applies; and 

(B) prior to commencement of production, of all models subsequently produced (and starting serial numbers of those models) to which such rule applies. 

(2) If requested by the Secretary or Commission, the manufacturer of a covered product to which a rule under section 324 applies 

shall provide, within 30 days of the date of the request, the data 

from which the information included on the label and required by 

the rule was derived. Data shall be kept on file by the manufacturer for a period specified in the rule. 

(3) When requested— 

(A) by the Secretary for purposes of ascertaining whether a 

product subject to a standard established in or prescribed 

under section 325 is in compliance with that standard, or 

(B) by the Commission for purposes of ascertaining whether 

the information set out on a label of a product, as required 

under section 324, is accurate, 

each manufacturer of such a product shall supply at his expense 

a reasonable number of such covered products to any laboratory 

designated by the Secretary or the Commission, as the case may 

be. Any reasonable charge levied by the laboratory for such testing 

shall be borne by the United States, if and to the extent provided 

in appropriation Acts. 

(4) Each manufacturer of a covered product to which a rule 

under section 324 applies shall annually, at a time specified by the 

Commission, supply to the Commission relevant data respecting 

energy consumption or water use developed in accordance with the 

test procedures applicable to such product under section 323. 

(5) A rule under section 323, 324, or 325 may require the manufacturer or his agent to permit a representative designated by the 

Commission or the Secretary to observe any testing required by 

this part and inspect the results of such testing. 

(6) VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING, 

FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.— 

(A) RELIANCE ON VOLUNTARY PROGRAMS.—For the purpose of 

periodic testing to verify compliance with energy conservation 

standards and Energy Star specifications established under sections 324A, 325, and 342 for covered products described in 

paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covVerDate Sep 11 2014 04:58 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00150 Fmt 6659 Sfmt 6603 E:\HR\OC\SR138.XXX SR138

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ered equipment described in subparagraphs (B), (C), (D), (F), 

(I), (J), and (K) of section 340(1), the Secretary and the Administrator of the Environmental Protection Agency shall rely on 

testing conducted by voluntary verification programs that are 

recognized by the Secretary in accordance with subparagraph 

(B). 

(B) RECOGNITION OF VOLUNTARY VERIFICATION PROGRAMS.— (i) IN GENERAL.—Not later than 180 days after the date 

of enactment of this paragraph, the Secretary shall initiate 

a negotiated rulemaking in accordance with subchapter III 

of chapter 5 of title 5, United States Code (commonly 

known as the ‘‘Negotiated Rulemaking Act of 1990’’) to develop criteria that have consensus support for achieving 

recognition by the Secretary as an approved voluntary 

verification program. 

(ii) MINIMUM REQUIREMENTS.—The criteria developed 

under clause (i) shall, at a minimum, ensure that the voluntary verification program— 

(I) is nationally recognized; 

(II) is operated by a third party and not directly operated by a program participant; 

(III) satisfies any applicable elements of— 

(aa) International Organization for Standardization standard numbered 17025; and 

(bb) any other relevant International Organization for Standardization standards identified and 

agreed to through the negotiated rulemaking under 

clause (i); 

(IV) at least annually tests independently obtained 

products following the test procedures established 

under this title to verify the certified rating of a representative sample of products and equipment within 

the scope of the program; 

(V) maintains a publicly available list of all ratings 

of products subject to verification; 

(VI) requires the changing of the performance rating 

or removal of the product or equipment from the program if testing determines that the performance rating 

does not meet the levels the manufacturer has certified 

to the Secretary; 

(VII) requires new program participants to substantiate ratings through test data generated in accordance 

with DOE regulations; 

(VIII) allows for challenge testing of products and 

equipment within the scope of the program; 

(IX) requires program participants to disclose the 

performance rating of all covered products and equipment within the scope of the program for the covered 

product or equipment; 

(X) provides to the Secretary— 

(aa) an annual report of all test results, the contents of which shall be determined through the negotiated rulemaking process under clause (i); and 

(bb) test reports, on the request of the Secretary 

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tion Agency, that note any instructions specified by 

the manufacturer or the representative of the manufacturer for the purpose of conducting the 

verification testing, to be exempted from disclosure 

to the extent provided under section 552(b)(4) of 

title 5, United States Code (commonly known as 

the ‘‘Freedom of Information Act’’); and 

(XI) satisfies any additional requirements or standards that the Secretary and Administrator of the Environmental Protection Agency shall establish consistent 

with this subparagraph. 

(iii) FINDING REQUIRED FOR CESSATION OF RECOGNITION.—The Secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph (A) on a finding that the program 

is not meeting its obligations for compliance through program review criteria established under this subparagraph. 

(iv) REVISIONS.— 

(I) IN GENERAL.—Major revisions to voluntary 

verification program criteria established under this 

subparagraph shall only be made pursuant to a subsequent negotiated rulemaking in accordance with subchapter III of chapter 5 ‘of title 5, United States Code 

(commonly known as the Negotiated Rulemaking Act of 

1990’). 

(II) NONMAJOR REVISIONS.— 

(aa) IN GENERAL.—The Secretary may make all 

other nonmajor criteria revisions by initiating a 

direct final rule in accordance with section 

553(b)(3)(B) of title 5, United States Code, on a determination published in the Federal Register that 

revisions to the criteria are necessary and that substantive opposition to the proposed revisions is not 

expected. 

(bb) CONDITIONS FOR EFFECTIVENESS.—If the 

Secretary does not receive adversarial comments 

with respect to the determination published under 

item (aa) during the 30-day-period following publication of that determination in the Federal Register, the direct final rule shall have the force and 

effect of law. 

(cc) WITHDRAWAL OF FINAL RULE.—Receipt of 

any adversarial comment with respect to the determination published under item (aa) shall require 

the Secretary to withdraw the direct final rule and 

publish— 

(AA) a notice of proposed rulemaking pursuant to section 553 of title 5, United States 

Code; or 

(BB) a notice of proposed rulemaking pursuant to section 553 of title 5, United States 

Code, that includes a determination that revisions to the criteria are necessary. 

(C) ADMINISTRATION.— 


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153 

(i) IN GENERAL.—The Secretary and the Administrator of 

the Environmental Protection Agency shall not require— 

(I) manufacturers to participate in a voluntary 

verification program described in subparagraph (A); or 

(II) participating manufacturers to provide information that has already been provided to the Secretary or 

the Administrator. 

(ii) LIST OF COVERED PRODUCTS.—The Secretary or the 

Administrator of the Environmental Protection Agency may 

maintain a publicly available list of covered products and 

equipment that distinguishes between products that are, 

and are not covered products and equipment verified 

through a voluntary verification program described in subparagraph (A); 

(iii) PERIODIC VERIFICATION TESTING.— 

(I) IN GENERAL.—The Secretary— 

(aa) shall not subject products or equipment that 

have been verification tested under a voluntary 

verification program described in subparagraph 

(A) to periodic verification testing that verifies the 

accuracy of the certified performance rating of the 

products or equipment; but 

(bb) may test products or equipment described in 

subclause (I) if the testing is necessary— 

(AA) to assess the overall performance of a 

voluntary verification program; 

(BB) to address specific performance issues; 

(CC) for use in updating test procedures and 

standards; or 

(DD) for other purposes consistent with this 

title. 

(II) ADDITIONAL TESTING.—The Secretary may subject products or equipment described in subclause (I) to 

periodic verification testing outside the restrictions of 

subclause (I)(bb), if agreed to during the rulemaking 

described in subparagraph (B) 

(D) EFFECT ON OTHER AUTHORITY.—Nothing in this paragraph limits the authority of the Secretary or the Administrator 

of the Environmental Protection Agency to enforce compliance 

with any law. 

* * * * * * * 

PART D—STATE ENERGY CONSERVATION PROGRAMS 

* * * * * * * 

GENERAL PROVISIONS 

SEC. 365. (a) The Secretary may prescribe such rules as may be 

necessary or appropriate to carry out his authority under this part. 

* * * * * * * 

(f) For the purpose of carrying out this part, there are authorized 

to be appropriated ø$125,000,000 for each of fiscal years 2007 

through 2012¿ $90,000,000 for each of fiscal years 2016 through 


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154 

2020, of which not greater than 5 percent may be used to provide 

competitively awarded financial assistance. 

* * * * * * * 

PART E—INDUSTRIAL ENERGY EFFICIENCY 

* * * * * * * 

SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

(a) IN GENERAL.—As part of the Office of Energy Efficiency and 

Renewable Energy, the Secretary, on the request of a manufacturer, 

shall conduct on-site technical assessments to identify opportunities 

for— 

(1) maximizing the energy efficiency of industrial processes 

and cross-cutting systems; 

(2) preventing pollution and minimizing waste; 

(3) improving efficient use of water in manufacturing processes; 

(4) conserving natural resources; and 

(5) achieving such other goals as the Secretary determines to 

be appropriate. 

(b) COORDINATION.—The Secretary shall carry out the initiative in 

coordination with the private sector and appropriate agencies, including the National Institute of Standards and Technology, to accelerate adoption of new and existing technologies and processes 

that improve energy efficiency. 

(c) RESEARCH AND DEVELOPMENT PROGRAM FOR SUSTAINABLE

MANUFACTURING AND INDUSTRIAL TECHNOLOGIES AND PROCESSES.—As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate 

new sustainable manufacturing and industrial technologies and 

processes that maximize the energy efficiency of industrial plants, 

reduce pollution, and conserve natural resources. 

* * * * * * * 

øPART I—OFF-HIGHWAY MOTOR VEHICLES 

øOFF-HIGHWAY MOTOR VEHICLE CONSERVATION STUDY 

øSEC. 385. Not later than 1 year after the date of the enactment 

of this section, the Secretary of Transportation shall complete a 

study of the energy conservation potential of recreational motor vehicles, including, but not limited to, aircraft and motor boats which 

are designed for recreational use, and shall submit a report to the 

President and to the Congress containing the results of such 

study.¿ 

* * * * * * * 

PART J—ENCOURAGING THE USE OF ALETERNATIVE 

FUELS 

* * * * * * * 


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SEC. 400EE. STUDIES AND REPORTS. 

ø(a) METHANOL STUDY.—(1) The Secretary shall study methanol 

plants, including the costs and practicability of such plants, that 

are— 

ø(A) capable of utilizing current domestic supplies of unutilized natural gas; 

ø(B) relocatable; or 

ø(C) suitable for natural gas to methanol conversion by natural gas distribution companies. 

ø(2) For purposes of this subsection, the term ‘‘unutilized natural 

gas’’ means gas that is available in small remote fields and cannot 

be economically transported to natural gas pipelines, or gas the 

quality of which is so poor that extensive and uneconomic 

pretreatment is required prior to its introduction into the natural 

gas distribution system. 

ø(3) The Secretary shall submit a report under this subsection to 

the Committees on Commerce, Science, and Transportation and 

Governmental Affairs of the Senate, and the Committee on Energy 

and Commerce of the House of Representatives, no later than September 30, 1990.¿ 

ø(b)¿(a) INDEPENDENT ENVIRONMENTAL STUDY.—(1) The Administrator of the Environmental Protection Agency shall submit to the 

Committees on Commerce, Science, and Transportation and Governmental Affairs of the Senate, and the Committee on Energy and 

Commerce of the House of Representatives, in December of 1990, 

and once every two years thereafter, a report which includes— 

(A) a comprehensive analysis of the air quality, global climate change, and other positive and negative environmental 

impacts, if any, including fuel displacement effects, associated 

with the production, storage, distribution, and use of all alternative motor vehicle fuels under the Alternative Motor Fuels 

Act of 1988, as compared to gasoline and diesel fuels; and 

(B) an extended reasonable forecast of the change, if any, in 

air quality, global climate change, and other environmental effects of producing, storing, distributing, and using alternative 

motor vehicle fuels, utilizing such reasonable energy security, 

policy, economic, and other scenarios as may be appropriate. 

(2) In carrying out the study under this subsection, the Administrator of the Environmental Protection Agency shall consult with 

the Secretaries of Energy and Transportation. Nothing in this 

paragraph shall be construed to require such Administrator to obtain the approval of the Secretary of Energy or the Secretary of 

Transportation for any actions taken under this subsection. 

(3) There are authorized to be appropriated to carry out the purposes of this subsection $500,000. 

ø(c)¿(b) PUBLIC PARTICIPATION.—Adequate opportunity shall be 

provided for public comment on the reports required by this section 

before they are submitted to the Congress, and a summary of such 

comments shall be attached to such reports. 

* * * * * * * 


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ENERGY SECURITY ACT 

Public Law 96–294, as amended 

* * * * * * * 

TABLE OF CONTENTS 

* * * * * * * 

TITLE II—BIOMASS ENERGY AND ALCOHOL FUELS 

Sec. 201. Short title. 

Sec. 202. Findings. 

Sec. 203. Definitions. 

øSec. 204. Funding for subtitles A and B.¿ 

Sec. 204. Funding. 

Sec. 205. Coordination with other authorities and programs. 

øSUBTITLE A—GENERAL BIOMASS ENERGY DEVELOPMENT¿ 

øSec. 211. Biomass energy development plans.¿ 

øSec. 212. Program responsibility and administration; effect on other programs.¿ 

øSec. 213. Insured loans.¿ 

øSec. 214. Loan guarantees.¿ 

øSec. 215. Price guarantees.¿ 

øSec. 216. Purchase agreements.¿ 

øSec. 217. General requirements regarding financial assistance.¿ 

øSec. 218. Reports.¿ 

øSec. 219. Review; reorganization.¿ 

øSec. 220. Establishment of Office of Alcohol Fuels in Department of Energy.¿ 

øSec. 221. Termination.¿ 

øSUBTITLE B—MUNICIPAL WASTE BIOMASS ENERGY¿ 

øSec. 231. Municipal waste energy development plan.¿ 

øSec. 232. Construction loans.¿ 

øSec. 233. Guaranteed construction loans.¿ 

øSec. 234. Price support loans and price guarantees.¿ 

øSec. 235. General requirements regarding financial assistance.¿ 

øSec. 236. Financial assistance program administration.¿ 

øSec. 237. Commercialization demonstration program pursuant to Federal Nonnuclear Energy Research and Development Act of 1974.¿ 

øSec. 238. Jurisdiction of Department of Energy and Environmental Protection 

Agency.¿ 

øSec. 239. Establishment of Office of Energy From Municipal Waste in Department 

of Energy.¿ 

øSec. 240. Termination.¿ 

* * * * * * * 

SUBTITLE D—MISCELLANEOUS BIOMASS PROVISIONS 

øSec. 271. Use of gasohol in Federal motor vehicles.¿ 

Sec. 272. Motor vehicle alcohol usage study. 

Sec. 273. Natural gas priorities. 

Sec. 274. Standby authority for allocation of alcohol fuel. 

* * * * * * * 

TITLE V—SOLAR ENERGY AND ENERGY CONSERVATION 

* * * * * * * 

øSUBTITLE F—ENERGY AUDITOR TRAINING AND CERTIFICATION¿ 

øSec. 581. Purpose.¿ 

øSec. 582. Definitions.¿ 

øSec. 583. Grants.¿ 

øSec. 584. Authorization of appropriations.¿ 

* * * * * * * 


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TITLE II—BIOMASS ENERGY AND ALCOHOL 

FUELS SHORT TITLE 

SEC. 201. This title may be cited as the ‘‘Biomass Energy and Alcohol Fuels Act of 1980’’. 

* * * * * * * 

DEFINITIONS 

SEC. 203. As used in this title— 

* * * * * * * 

ø(16) The term ‘‘Office of Alcohol Fuels’’ means the Office of 

Alcohol Fuels established under section 220.¿ 

ø(17)¿(16) The term ‘‘person’’ means any individual, company, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, or any entity 

organized for a common business purpose, any State or local 

government (including any special purpose district or similar 

governmental unit) or any agency or instrumentality thereof, 

or any Indian tribe or tribal organization. 

ø(18)¿(17) The term ‘‘State’’ means any of the fifty States, 

the District of Columbia, the Commonwealth of Puerto Rico, 

the Virgin Islands of the United States, Guam, American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

and the Trust Territory of the Pacific Islands. 

ø(19)¿(18) The term ‘‘small scale biomass energy project’’ 

means a biomass energy project with an anticipated annual 

production capacity of not more than 1,000,000 gallons of ethanol per year, or its energy equivalent of other forms of biomass energy. 

* * * * * * * 

øFUNDING FOR SUBTITLES A AND B¿ 

SEC. 204. (a) To the extent provided in advance in appropriation 

Acts, for the two year period beginning October 1, 1980, there is 

authorized to be appropriated and transferred $1,170,000,000 from 

the Energy Security Reserve established in the Treasury of the 

United States under title II of the Act entitled ‘‘An Act making appropriations for the Department of the Interior and related agencies for the fiscal year ending September 30, 1980, and for other 

purposes’’ (Public Law 96–126; 93 Stat. 970) and made available for 

obligation by such Act only to the extent provided in advance in appropriation Acts, as follows: 

(1) $460,000,000 to the Secretary of Agriculture for carrying 

out activities under subtitle A, except of the amount of the financial assistance provided by the Secretary of Agriculture 

under subtitle A, up to one-third shall be for small-scale biomass energy projects; and 

(2) $460,000,000 to the Secretary of Energy for carrying out 

biomass energy activities under subtitle A, of which at least 

$500,000,000 shall be available to the Office of Alcohol Fuels 

for carrying out its activities, and any amount not made available to the Office of Alcohol Fuels shall be available to the SecVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00157 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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retary to carry out the purposes of subtitle A under available 

authorities of the Secretary, including authorities under subtitle Aø; and¿. 

ø(3) $250,000,000 shall be available to the Secretary of Energy for carrying out activities under subtitle B.¿ 

(b) Funds made available under subsection (a) shall remain 

available until expended. 

(c)(1) For purposes of determining the amount of such appropriations which remain available for purposes of this title— 

(A) loans shall be counted at the initial face value of the 

loan; 

(B) loan guarantees shall be counted at the initial face value 

of such loan guarantee; 

(C) price guarantees and purchase agreements shall be 

counted at the value determined by the Secretary concerned as 

of the date of each such contract based upon the Secretary’s determination of the maximum potential liability of the United 

States under the contract; and 

(D) any increase in the liability of the United States pursuant to any amendment or other modification to a contract for 

a loan, loan guarantee, price guarantee, or purchase agreement, shall be counted to the extent of such increase. 

(2) Determinations under paragraph (1) shall be made in accordance with generally accepted accounting principles, consistently applied. 

(3) If more than one form of financial assistance is to be provided 

to any one project, the obligations and commitments thereunder 

shall be counted at the maximum potential exposure of the United 

States on such project at any time during the life of such project. 

(4) Any commitment to provide financial assistance shall be 

treated the same as such assistance for purposes of this subsection; 

except that any such commitment which is nullified or voided for 

any reason shall not be considered for purposes of this subsection. 

(d) Financial assistance may be provided under this title only to 

the extent provided in advance in appropriation Acts. 

* * * * * * * 

øSubtitle A—General Biomass Energy 

Development 

øBIOMASS ENERGY DEVELOPMENT PLANS 

øSEC. 211. (a) Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary 

of Energy shall jointly prepare, and transmit to the President and 

the Congress, a plan for maximizing in accordance with this subtitle biomass energy production and use. Such plan shall be designed to achieve a total level of alcohol production and use within 

the United States of at least 60,000 barrels per day of alcohol by 

December 31, 1982. 

ø(b)(1) Not later than January 1, 1982, the Secretary of Agriculture and the Secretary of Energy shall jointly prepare, and 

transmit to the President and the Congress, a comprehensive plan 

for maximizing in accordance with this subtitle biomass energy 


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production and use, for the period beginning January 1, 1983, and 

ending December 31, 1990. Such plan shall be designed to achieve 

a level of alcohol production within the United States equal to at 

least 10 percent of the level of gasoline consumption within the 

United States as estimated by the Secretary of Energy for the calendar year 1990. 

ø(2) The plan prepared under this subsection shall evaluate the 

feasibility of reaching the goals set forth in such subsection. 

ø(c) The plans prepared under subsections (a) and (b) shall each 

include guidelines for use in awarding financial assistance under 

this subtitle which are designed to increase, during the period covered by the plan, the amount of motor fuel displaced by biomass 

energy. 

øPROGRAM RESPONSIBILITY AND ADMINISTRATION; 

EFFECT ON OTHER PROGRAMS 

øSEC. 212. (a)(1) Except as provided in paragraph (2), in the case 

of any financial assistance under this subtitle for a biomass energy 

project, the Secretary concerned shall be— 

ø(A) the Secretary of Agriculture, in the case of any biomass 

energy project which will have an anticipated annual production capacity of less than 15,000,000 gallons of ethanol (or the 

energy equivalent of other forms of biomass energy) and which 

will use feedstocks other than aquatic plants; and 

ø(B) the Secretary of Energy, in the case of any biomass energy project which will use aquatic plants as feedstocks or 

which will have an anticipated annual production capacity of 

15,000,000 gallons or more of ethanol (or the energy equivalent 

of other forms of biomass energy). 

ø(2)(A) Either the Secretary of Agriculture or the Secretary of 

Energy may be the Secretary concerned in the case of any biomass 

energy project which will have an anticipated annual production 

capacity of 15,000,000 gallons or more of ethanol (or the energy 

equivalent of other forms of biomass energy) and— 

ø(i) which will use wood or wood wastes or residue, or 

ø(ii) which is owned and operated by a cooperative and will 

use feedstocks other than aquatic plants. 

ø(B) Financial assistance may not be provided by either Secretary under subparagraph (A) without the written concurrence of 

the other Secretary. Such concurrence shall be granted or denied 

by such Secretary in accordance with subparagraph (C) and on the 

same standards as that Secretary applies in making his own 

awards of financial assistance under this paragraph. 

ø(C)(i) In the case of a project described in subparagraph (A), the 

Secretary concerned shall provide the other Secretary a copy of the 

application and such supporting information as may be material, 

and shall provide the other Secretary at least 15 days to review the 

project. If during such 15–day period the reviewing Secretary provides written notification to the Secretary concerned specifying reasons why such project should not proceed, the Secretary concerned 

shall defer the final decision on the application for an additional 

30 days. During such 30–day period, both Secretaries shall attempt 

to reach agreement regarding all issues raised in the written notice. Before the end of the 30–day period, the reviewing Secretary 

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currence. If the reviewing Secretary fails to provide such notice before the end of such period, concurrence shall be deemed to have 

been given. 

ø(ii) The project applicant may reapply for financial assistance 

for such project, after making such modifications to the project as 

may be necessary to address issues raised by the reviewing Secretary in the original notice of objection. The subsequent review of 

such project by the reviewing Secretary shall be limited to the 

issues originally raised by the reviewing Secretary and any issues 

raised by changed circumstances. 

ø(D) Both Secretaries may jointly act as the Secretary concerned 

in accordance with such procedures as the Secretaries may jointly 

prescribe, in which case— 

ø(i) subparagraphs (B) and (C) and subsection (c) shall not 

apply, and 

ø(ii) the proportion of financial assistance provided by each 

Secretary shall be determined in accordance with the procedures jointly prescribed. 

ø(b)(1) Each Secretary shall take such action as may be necessary to assure that— 

ø(A) guidelines for soliciting and receiving applications for financial assistance are established within 90 days after the 

date of the enactment of this Act; 

ø(B) applications for financial assistance for biomass energy 

projects are initially solicited within 30 days after such guidelines are established; 

ø(C) additional applications for financial assistance are solicited within 1 year after the date of the initial solicitation; 

ø(D) any application is evaluated and a decision made on 

such application within 120 days after the receipt of the application, including review under subsections (a)(2)(C), (a)(2)(D), 

or (c); and 

ø(E) all interested persons are provided the easiest possible 

access to the application process, including procedures which 

assure that— 

ø(i) information concerning financial assistance from either 

Secretary is available through all appropriate offices of the Department of Agriculture and the Department of Energy, and 

other regional and local offices of the Federal Government, as 

may be appropriate; 

ø(ii) all such locations where such information is available 

will be able to accept and file applications, and will forward 

them to the Secretary concerned; and 

ø(iii) the procedures established for accepting, evaluating, 

and awarding financial assistance will provide for categories of 

biomass energy projects, according to size and provide to the 

maximum extent practicable the simplest procedures for small 

producers. 

ø(2) The procedural requirements of subparagraph (A) through 

(D) of paragraph (1) shall not apply to either Secretary to the extent that the Secretary finds that other procedures are adopted for 

the solicitation, evaluation, and awarding of financial assistance 

which will result in applications being processed more expeditiously. 


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ø(c)(1) After evaluating any application and before awarding any 

financial assistance on the basis of that application, the Secretary 

concerned shall provide the other Secretary with— 

ø(A) a copy of the application and such supporting material 

as may be appropriate, and 

ø(B) an opportunity of not less than 15 days to review the 

application. 

øThis subsection shall not apply in the case of a project subject 

to review under subsection (a)(2)(C). 

ø(2) If the reviewing Secretary provides written notice specifying 

any issues regarding matters subject to the Secretary’s review to 

the Secretary concerned before the end of the 15–day review period, the Secretary concerned shall defer a final decision on the application for an additional 30 days to provide an opportunity for 

both Secretaries to answer and resolve such issues. At the expiration of the 30–day period, the Secretary concerned may make a 

final decision with respect to the application, using the best judgment of the Secretary concerned to resolve any remaining issues. 

ø(3) Reviews of projects under the provisions of subsection 

(a)(2)(C) or paragraph (1)(B) by the Secretary of Agriculture shall 

be for the purpose of considering the national, regional, and local 

agricultural policy impacts of such project on agricultural supply, 

production, and use, and reviews by the Secretary of Energy under 

such provisions shall be for the purpose of considering national energy policy impacts and the technical feasibility of the project. 

ø(4) The Secretary of Agriculture and the Secretary of Energy 

may jointly establish categories of projects to which paragraphs (1) 

and (2) shall not apply. Within 90 days after the date of the enactment of this Act, the Secretaries shall identify potential categories 

and make an initial determination of exempted categories. 

ø(d) If any application for financial assistance under this subtitle 

is disapproved, the applicant shall be provided written notice of the 

reasons for the disapproval. 

ø(e)(1) The functions assigned under this subtitle to the Secretary of Agriculture may be carried out by any of the administrative entities in the Department of Agriculture which the Secretary 

of Agriculture may designate. Within 30 days after the date of the 

enactment of this Act, the Secretary of Agriculture shall make such 

designations and notify the Congress of the administrative entity 

or entities so designated and the officials in such administrative 

entity or entities who are to be responsible for such functions. 

ø(2) The Secretary of Agriculture may issue such regulations as 

are necessary to carry out functions assigned to the Secretary of 

Agriculture under this subtitle. 

ø(3) The entities or entity designated under paragraph (1) shall 

coordinate the administration of functions assigned to it under this 

subsection with any other biomass energy programs within the Department of Agriculture established under other provisions of law. 

ø(f) The functions under this subtitle which are assigned to the 

Secretary of Energy and which relate to alcohol production shall be 

carried out by the Office of Alcohol Fuels. 

ø(g) For purposes of this subtitle, the quantity of any biomass energy which is the energy equivalent to 15,000,000 gallons of ethanol shall be prescribed jointly by the Secretary of Agriculture and 


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the Secretary of Energy within 30 days after the date of the enactment of this Act. 

øINSURED LOANS 

øSEC. 213. (a) Subject to sections 212 and 217, the Secretary of 

Agriculture may commit to make, and make, insured loans in 

amounts not to exceed $1,000,000 per project for the construction 

of small-scale biomass energy projects. 

ø(b)(1) Any insured loan under this section— 

ø(A) may not exceed 90 per centum of the total estimated 

cost of construction of the biomass energy project involved, and 

ø(B) shall bear interest at rates determined by the Secretary 

of Agriculture, taking into consideration the current average 

market yield on outstanding marketable obligations of the 

United States with remaining periods to maturity comparable 

to the average maturities of such loans, plus not to exceed one 

per centum, as determined by the Secretary of Agriculture, and 

adjusted to the nearest one-eighth of one per centum. 

ø(2) In the event the total estimated costs of construction of the 

project thereafter exceed the total estimated costs initially determined by the Secretary of Agriculture, the Secretary may in addition, upon application therefor, make an insured loan for so much 

of the additional estimated total costs as does not exceed 10 per 

centum of the total costs initially estimated. 

ø(c)(1) The Secretary of Agriculture shall make insured loans 

under this section using, to the extent provided in advance in appropriations Acts, the Agricultural Credit Insurance Fund in section 309 of the Consolidated Farm and Rural Development Act or 

the Rural Development Insurance Fund in section 309A of such Act 

(hereinafter in this section referred to as the ‘‘Funds’’). The Secretary of Agriculture may not use an aggregate amount of funds to 

make or commit to make insured loans under this section in excess 

of the aggregate amount for insured loans and administrative costs 

appropriated and transferred under section 204. The terms, conditions, and requirements applicable to such insured loans shall be 

in accordance with this subtitle. 

ø(2) There shall be reimbursed to the Funds, from appropriations 

made under section 204, amounts equal to the operating and administrative costs incurred by the Secretary of Agriculture in insuring loans under this section. 

ø(3) Notwithstanding any provision of the Consolidated Farm 

and Rural Development Act, no funds made available to the Secretary of Agriculture under this section for insured loans shall be 

used for any other purpose. 

ø(4) For purposes of this section, the term ‘‘insured loan’’ means 

a loan which is made, sold, and insured. 

ø(d) An insured loan may not be made under this section unless 

the applicant for such loan has established to the satisfaction of the 

Secretary that the applicant is unable without such a loan to obtain sufficient credit elsewhere at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and 

terms for loans for similar purposes and periods of time, to finance 

the construction of the biomass energy project for which such loan 

is sought. 


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øLOAN GUARANTEES 

øSEC. 214. (a) Subject to sections 212 and 217, the Secretary concerned may commit to guarantee, and guarantee, against loss of 

principal and interest, loans which are made to provide funds for 

the construction of biomass energy projects. 

ø(b)(1) Any guarantee of a loan under this section may not exceed 90 per centum of the cost of the construction of the biomass 

energy project involved, as estimated by the Secretary on the date 

of the guarantee or commitment to guarantee. 

ø(2) In the event the construction costs of the project are thereafter estimated by the Secretary concerned to exceed the construction costs initially estimated by the Secretary, the Secretary may 

in addition, upon application therefor, guarantee, against loss of 

principal and interest, a loan for up to 60 per centum of the difference between the construction costs then estimated and the construction costs initially estimated. 

ø(c) Notwithstanding the provisions of the Federal Financing 

Bank Act of 1973 (12 U.S.C. 2281 et seq.) or any other provision 

of law (except as may be specifically provided by reference to this 

subsection in any Act enacted after the date of the enactment of 

this Act), no debt obligation which is guaranteed or committed to 

be guaranteed by the Secretary of Agriculture or the Secretary of 

Energy under this section shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank or any Federal agency. 

ø(d) The terms and conditions of loan guarantees under this section shall provide that, if the Secretary concerned makes a payment of principal or interest upon the default by a borrower, the 

Secretary shall be subrogated to the rights of the recipient of such 

payment (and such subrogation shall be expressly set forth in the 

loan guarantee or related agreements). 

ø(e) Any loan guarantee under this section shall not be terminated, canceled, or otherwise revoked, except in accordance with 

the terms thereof and shall be conclusive evidence that such guarantee complies fully with the provisions of this title and of the approval and legality of the principal amount, interest rate, and all 

other terms of the securities, obligations, or loans and of the guarantee. 

ø(f) If the Secretary concerned determines that— 

ø(1) the borrower is unable to meet payments and is not in 

default, 

ø(2) it is in the public interest to permit the borrower to continue with such project, and 

ø(3) the probable net benefit to the United States in paying 

the principal and interest due under the loan will be greater 

than that which would result in the event of a default, then 

the Secretary may pay to the lender under a loan guarantee 

agreement an amount not greater than the principal and interest which the borrower is obligated to pay to such lender, if the 

borrower agrees to reimburse the Secretary for such payment 

on terms and conditions, including interest, which the Secretary determines are sufficient to protect the financial interests of the United States. 


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ø(g)(1) A loan may not be guaranteed under this section unless 

the applicant for such loan has established to the satisfaction of the 

Secretary concerned that the lender is not willing without such a 

guarantee to extend credit to the applicant at reasonable rates and 

terms, taking into consideration prevailing rates and terms for 

loans for similar purposes and periods of time, to finance the construction of the biomass energy project for which such loan is 

sought. 

ø(2) The Secretary concerned shall ensure that the lender bears 

a reasonable degree of risk in the financing of such project. 

øPRICE GUARANTEES 

øSEC. 215. (a) Subject to sections 212 and 217, the Secretary concerned may commit to guarantee, and guarantee, that the price 

that the owner or operator of any biomass energy project will receive for all or part of the production from that project shall not 

be less than a specified sales price determined as of the date of execution of the price guarantee or commitment to guarantee. 

ø(b)(1) No price guarantee under this section may be based upon 

a cost-plus arrangement, or variant thereof, which guarantees a 

profit to the owner or operator involved. 

ø(2) The use of a cost-of-service pricing mechanism by a person 

pursuant to law, or by a regulatory body establishing rates for a 

regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of paragraph (1). 

ø(c) Each price guarantee, or commitment to guarantee, which is 

made under this section shall specify the maximum dollar amount 

of liability of the United States under that guarantee. 

ø(d) If the Secretary determines, in the discretion of the Secretary, that— 

ø(1) a biomass energy project would not otherwise be satisfactorily completed or continued, and 

ø(2) completion or continuation of such project would be necessary to achieve the purposes of this title, the sales price set 

forth in the price guarantee, and maximum liability under 

such guarantee, may be renegotiated. 

øPURCHASE AGREEMENTS 

øSEC. 216. (a) Subject to sections 212 and 217, the Secretary concerned may commit to make, and make, purchase agreements for 

all or part of the biomass energy production of any biomass energy 

project, if the Secretary determines— 

ø(1) that such biomass energy is of a type, quantity, and 

quality that can be used by Federal agencies; and 

ø(2) that the quantity of such biomass energy, if delivery is 

accepted, would not exceed the likely needs of Federal agencies. 

øEach Secretary concerned shall consult with the other Secretary 

before making any determination under paragraph (2). 

ø(b) The sales price specified in a purchase agreement under this 

section may not exceed the estimated prevailing market price as of 

the date of delivery, as determined by the Secretary of Energy, unless the Secretary concerned determines that such sales price must 


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exceed the estimated prevailing market price in order to ensure the 

production of biomass energy to achieve the purposes of this title. 

ø(c) The Secretary concerned in entering into, or committing to 

enter into, a purchase agreement under this section shall require— 

ø(1) assurances that the quality of the biomass energy purchased will meet standards for the use for which such energy 

is purchased; 

ø(2) assurances that the ordered quantities of such energy 

will be delivered on a timely basis; and 

ø(3) such other assurances as may reasonably be required. 

ø(d) The Secretary concerned may take delivery of biomass energy pursuant to a purchase agreement under this section if appropriate arrangements have been made for its distribution to and use 

by one or more Federal agencies. Any Federal agency receiving 

such energy shall be charged (in accordance with otherwise applicable law), from sums appropriated to such Federal agency, for the 

prevailing market price as of the date of delivery, as determined 

by the Secretary of Energy, for the product which the biomass energy is replacing. 

ø(e) The Secretary concerned shall consult with the Secretary of 

Defense and the Administrator of the General Services Administration in carrying out this section. 

ø(f) Each purchase agreement, and commitment to enter into a 

purchase agreement, under this section shall provide that the Secretary concerned retains the right to refuse delivery of the biomass 

energy involved upon such terms and conditions as shall be specified in the purchase agreement. 

ø(g) Each purchase agreement, or commitment to enter into a 

purchase agreement, which is made under this section shall specify 

the maximum dollar amount of liability of the United States under 

that agreement. 

ø(h) If the Secretary concerned determines, in the discretion of 

the Secretary, that— 

ø(1) a biomass energy project would not otherwise be satisfactorily completed or continued, and 

ø(2) completion or continuation of such project would be necessary to achieve the purposes of this title, the sales price set 

forth in the purchase agreement, and maximum liability under 

such agreement, may be renegotiated. 

øGENERAL REQUIREMENTS REGARDING FINANCIAL 

ASSISTANCE 

øSEC. 217. (a)(1) Priority for financial assistance under this subtitle, and the most favorable financial terms available, shall be provided to a person for any biomass energy project that— 

ø(A) uses a primary fuel other than petroleum or natural gas 

in the production of biomass fuel, such as geothermal energy 

resources, solar energy resources, or waste heat; or 

ø(B) applies new technologies which expand the possible 

feedstocks, produces new forms of biomass energy, or produces 

biomass fuel using improved or new technologies. 

Nothing in this paragraph shall be construed to exclude financial 

assistance for any project which does not use such a fuel or apply 

such a technology. 


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ø(2)(A) Financial assistance under this subtitle shall be available 

for a biomass energy project only if the Secretary concerned finds 

that the Btu content of the motor fuels to be used in the facility 

involved to produce the biomass fuel will not exceed the Btu content of the biomass fuel produced in the facility. 

ø(B) In making the determination under subparagraph (A), the 

Secretary concerned shall take into account any displacement of 

motor fuel or other petroleum products which the applicant has 

demonstrated to the satisfaction of the Secretary would result from 

the use of the biomass fuel produced in the facility involved. 

ø(3) No financial assistance may be provided under this subtitle 

to any person for any biomass energy project if the Secretary concerned finds that the process to be used by the project will not extract the protein content of the feedstock for utilization as food or 

feed for readily available markets in any case in which to do so 

would be technically and economically practicable. 

ø(4) Financial assistance may not be provided under this subtitle 

to any person unless the Secretary concerned— 

ø(A) finds that necessary feedstocks are available and it is 

reasonable to expect they will continue to be available in the 

future, and, for biomass energy projects using wood or wood 

wastes or residues from the National Forest System, there 

shall be taken into account current levels of use by then existing facilities; 

ø(B) has obtained assurance that the person receiving such 

financial assistance will bear a reasonable degree of risk in the 

construction and operation of the project; and 

ø(C) has determined that the amount of financial assistance 

provided for the project is not greater than is necessary to 

achieve the purposes of this title. 

ø(5) In providing financial assistance under this subtitle, the Secretary concerned shall give due consideration to promoting competition. 

ø(6) In determining the amount of financial assistance for any 

biomass energy project which will yield byproducts in addition to 

biomass energy, the Secretary shall consider the potential value of 

such byproducts and the costs attributable to their production. 

ø(b) An insured loan may not be made, and a loan guarantee 

may not be issued, under this subtitle unless the Secretary concerned determines that the terms, conditions, maturity, security, 

and schedule and amounts of repayments with respect to such loan 

are reasonable and meet such standards as the Secretary determines are sufficient to protect the financial interests of the United 

States. 

ø(c)(1) No financial assistance may be provided to any person 

under this subtitle unless an application therefor— 

ø(A) has been submitted to the Secretary concerned by that 

person in such form and under such procedures as the Secretary shall prescribe, consistent with the requirements of this 

subtitle, and 

ø(B) has been approved by the Secretary in accordance with 

such procedures. 

ø(2) Each such application shall include information regarding 

the construction costs of the biomass energy project involved, and 

estimates of operating costs and income relating to that project (inVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00166 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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cluding the sale of any byproducts from that project). In addition, 

each applicant shall provide— 

ø(A) access at reasonable times to such other information, 

and 

ø(B) such assurances, as the Secretary concerned may require. 

ø(d)(1) Every recipient of financial assistance under this subtitle 

shall, as a condition precedent thereto, consent to such examinations and reports regarding the biomass energy project involved as 

the Secretary concerned may require. 

ø(2) With respect to each biomass energy project for which financial assistance is provided under this subtitle, the Secretary shall— 

ø(A) require from the recipient of financial assistance such 

reports and records relating to that project as the Secretary 

deems necessary; 

ø(B) prescribe the manner in which such recipient shall keep 

such records; and 

ø(C) have access to such records at reasonable times for the 

purpose of ensuring compliance with the terms and conditions 

upon which financial assistance is provided. 

ø(e) All contracts and instruments of the Secretary concerned to 

provide, or providing, for financial assistance shall be general obligations of the United States backed by its full faith and credit. 

ø(f) Subject to the conditions of any contract for financial assistance, such contract shall be incontestable in the hands of the holder, except as to fraud or material misrepresentation on the part of 

the holder. 

ø(g)(1) A fee or fees may be charged and collected by the Secretary concerned for any loan guarantee, price guarantee, or purchase agreement provided under this subtitle. 

ø(2) The amount of such fee shall be based on the estimated administrative costs and risk of loss, except that such fee may not exceed 1 per centum of the amount of the financial assistance provided. 

ø(h) All amounts received by the Secretary of Agriculture or the 

Secretary of Energy as fees, interest, repayment of principal, and 

any other moneys received by either Secretary from activities 

under this subtitle shall be deposited in the Treasury of the United 

States as miscellaneous receipts. The preceding sentence shall not 

apply to insured loans made under section 213. 

øREPORTS 

øSEC. 218. * * * 

ø(b) Within 120 days after the date of enactment of this Act, the 

Secretary of Energy and the Secretary of Agriculture shall submit 

to the Congress a comprehensive list of all the types of loans, 

grants, incentives, rebates, or any other such private, State, or Federal economic or financial benefits now in effect or proposed which 

can be or have been used for production of alcohol to be used as 

a motor fuel or petroleum substitute. 

ø(c)(1)(A) The Office of Alcohol Fuels shall submit to the Congress and the President annual reports containing a general description of the Office’s operations during the year and a description and evaluation of each biomass energy project for which financial assistance by the Office is then in effect. 


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ø(B) Each annual report shall describe progress made toward 

meeting the goals of this subtitle and contain specific recommendations on what actions the Congress could take in order to facilitate 

the work of the Office in achieving such goals. 

ø(C) Each annual report under this subsection shall contain financial statements prepared by the Office. 

ø(2) On or before September 30, 1990, the Office shall submit to 

the Congress and the President a report evaluating the overall impact made by the Office and describing the status of each biomass 

energy project which has received financial assistance under this 

subtitle from the Office. Such report shall contain a plan for the 

termination of the work of the Office. 

øREVIEW; REORGANIZATION 

øSEC. 219. (a) The President shall review periodically the 

progress of the Secretary of Agriculture and the Secretary of Energy in carrying out the purposes of this subtitle. 

ø(b) If the President determines it necessary in order to achieve 

such purposes the President may, in accordance with the provisions 

of chapter 9 of title 5, United States Code, provide for a reorganization, including any required realignment of the respective programs 

of the Secretaries under this subtitle. 

øESTABLISHMENT OF OFFICE OF ALCOHOL FUELS IN 

DEPARTMENT OF ENERGY 

øSEC. 220. (a) There is hereby established within the Department 

of Energy an Office of Alcohol Fuels (hereinafter in this section referred to as the ‘‘Office’’) to be headed by a Director, who shall be 

appointed by the President, by and with the advice and consent of 

the Senate, and who shall be compensated at the rate provided for 

level IV of the Executive Schedule under section 5315 of title 5, 

United States Code. 

ø(b)(1) The Director shall be responsible for carrying out the 

functions of the Secretary of Energy under this subtitle which relate to alcohol, including the terms and conditions of financial assistance and the selection of recipients for that assistance, subject 

to the general supervision of the Secretary of Energy. 

ø(2) The Director shall be responsible directly to the Secretary of 

Energy. 

ø(c) In each annual authorization and appropriation request, the 

Secretary shall identify the portion thereof intended for the support 

of the Office and include a statement by the Office (1) showing the 

amount requested by the Office in its budgetary presentation to the 

Secretary and the Office of Management and Budget and (2) an assessment of the budgetary needs of the Office. Whenever the Office 

submits to the Secretary, the President, or the Office of Management and Budget, any formal legislative recommendation or testimony, or comments on legislation, prepared for submission to Congress, the Office shall concurrently transmit a copy thereof to the 

appropriate committees of Congress. 

ø(d) The Secretary of Energy, after consultation with the Director, shall consult with the Secretary of the Treasury, the Secretary 

of Agriculture, the Secretary of Transportation, the Secretary of 

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tration, the Administrator of the Environmental Protection Agency, 

or their appointed representatives, in order to coordinate the programs under the Director’s responsibility with other programs 

within the Department of Energy and in such Federal agencies, 

which are related to the production of alcohol. 

øTERMINATION 

øSEC. 221. No insured loan, loan guarantee, price guarantee, or 

purchase agreement may be committed to or made under this subtitle after September 30, 1984, except that all conditional commitments for loan guarantees under this subtitle which were in existence on September 30, 1984, are hereby extended through June 30, 

1987. This section shall not be construed to affect the authority of 

the Secretary concerned to spend funds after such date pursuant 

to any contract for financial assistance made on or before that date 

under this subtitle. Notwithstanding any other provision of this 

subtitle, the Secretary of Energy may modify the terms and conditions of any conditional commitment for a loan guarantee under 

this subtitle made before October 1, 1984, including the amount of 

the loan guarantee. Nothing in this section shall be interpreted as 

indicating Congressional approval with respect to any pending conditional commitments under this Act.¿ 

øSubtitle B—Municipal Waste Biomass Energy 

øMUNICIPAL WASTE ENERGY DEVELOPMENT PLAN 

øSEC. 231. (a) The Secretary of Energy shall prepare a comprehensive plan for carrying out this subtitle. In the preparation of 

such plan, the Secretary shall consult with the Administrator of 

the Environmental Protection Agency, the Secretary of Commerce, 

and the head of such other Federal agencies as the Secretary 

deems appropriate. 

ø(b) Not later than 90 days after the date of the enactment of 

this Act, the Secretary shall transmit the comprehensive plan to 

the President and the Congress. 

ø(c) The comprehensive plan under this section shall include a 

statement setting forth— 

ø(1) the anticipated research, development, demonstration, 

and commercialization objectives to be achieved; 

ø(2) the management structure and approach to be adopted 

to carry out such plan; 

ø(3) the program strategies, including detailed milestone 

goals to be achieved; 

ø(4) the specific funding requirements for individual program 

elements and activities, including the total estimated construction costs of proposed projects; and 

ø(5) the estimated relative financial contributions of the Federal Government and non-Federal participants in the program. 

ø(d) Not later than January 1, 1982, the Secretary shall prepare 

and submit to the President and the Congress a report containing 

a complete description of any financial, institutional, environmental, and social barriers to the development and application of 

technologies for the recovery of energy from municipal wastes. 


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øCONSTRUCTION LOANS 

øSEC. 232. (a) Subject to sections 235 and 236, the Secretary of 

Energy may commit to make, and make, loans for the construction 

of municipal waste energy projects. 

ø(b)(1) Any loan under this section— 

ø(A) may not exceed 80 per centum of the total estimated 

cost of the construction of the municipal waste energy project 

involved, and 

ø(B) shall bear interest at a rate determined by the Secretary of Energy (taking into consideration the current average 

market yield on outstanding marketable obligations of the 

United States with remaining periods to maturity comparable 

to the average maturities of such loans) plus not to exceed one 

per centum, as determined by the Secretary of Energy, and adjusted to the nearest one-eighth of one per centum. 

ø(2) In the event the total estimated costs of construction of the 

project thereafter exceed the total estimated costs initially determined by the Secretary of Energy, the Secretary may in addition, 

upon application therefor, make a loan for so much of the additional estimated costs as does not exceed 10 per centum of the initial total estimated costs of construction. 

ø(c) A loan may not be made under this section unless the person 

applying for such loan has established to the satisfaction of the 

Secretary of Energy that the applicant is unable without such a 

loan to obtain sufficient credit elsewhere at reasonable rates and 

terms, taking into consideration prevailing market rates and terms 

for loans for similar periods of time, to finance the construction of 

the project for which such loan is sought. 

øGUARANTEED CONSTRUCTION LOANS 

øSEC. 233. (a) Subject to sections 235 and 236, the Secretary of 

Energy may commit to guarantee, and guarantee, against loss on 

up to 90 per centum of the principal and interest, any loan which 

is made solely to provide funds for the construction of a municipal 

waste energy project and which does not exceed 90 per centum of 

the cost of the construction of the project involved, as estimated by 

the Secretary on the date of the guarantee or commitment to guarantee. 

ø(b) In the event the total estimated costs of construction of the 

project thereafter exceed the total estimated costs initially determined by the Secretary of Energy, the Secretary may in addition, 

upon application therefor, guarantee, against loss on up to 90 per 

centum of the principal and interest, a loan for so much of the additional estimated total costs as does not exceed 10 per centum of 

the total estimated costs. 

ø(c) The terms and conditions of loan guarantees under this section shall provide that, if the Secretary of Energy makes a payment 

of principal or interest upon the default by a borrower, the Secretary shall be subrogated to the rights of the recipient of such 

payment (and such subrogation shall be expressly set forth in the 

loan guarantee or related agreements). 

ø(d) Any loan guarantee under this section shall not be terminated, canceled, or otherwise revoked, except in accordance with 

the terms thereof and shall be conclusive evidence that such guarVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00170 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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antee complies fully with the provisions of this title and of the approval and legality of the principal amount, interest rate, and all 

other terms of the securities, obligations, or loans and of the guarantee. 

ø(e) If the Secretary of Energy determines that— 

ø(1) the borrower is unable to meet payments and is not in 

default, 

ø(2) it is in the public interest to permit the borrower to continue to pursue the purposes of such project, and 

ø(3) the probable net benefit to the United States in paying 

the principal and interest due under a loan guarantee agreement will be greater than that which would result in the event 

of a default, then the Secretary may pay to the lender under 

a loan guarantee agreement an amount not greater than the 

principal and interest which the borrower is obligated to pay 

to such lender, if the borrower agrees to reimburse the Secretary for such payment on terms and conditions, including interest, which the Secretary determines are sufficient to protect 

the financial interests of the United States. 

ø(f) A loan may not be guaranteed under this section unless the 

applicant for such loan has established to the satisfaction of the 

Secretary of Energy that the lender is not willing without such a 

guarantee to extend credit to the applicant at reasonable rates and 

terms, taking into consideration prevailing market rates and terms 

for loans for similar periods of time, to finance the construction of 

the project for which such loan is sought. 

ø(g)(1) With respect to any loan or debt obligation which is— 

ø(A) issued after the date of the enactment of this Act by, or 

on behalf of, any State or any political subdivision or governmental entity thereof, 

ø(B) guaranteed by the Secretary of Energy under this section, and 

ø(C) not supported by the full faith and credit of the issuer 

as a general obligation of the issuer, the interest paid on such 

obligation and received by the purchaser thereof (or the purchaser’s successors in interest) shall be included in gross income for the purposes of chapter 1 of the Internal Revenue 

Code of 1954. 

ø(2) With respect to the amount of obligations described in paragraph (1) that the issuer would have been able to issue as tax exempt obligations (other than obligations secured by the full faith 

and credit of the issuer as a general obligation of the issuer), the 

Secretary of Energy is authorized to pay only to the issuer any portion of the interest on such obligations, as determined by the Secretary of the Treasury after taking into account the interest rate 

which would have been paid on the obligations had they been 

issued as tax exempt obligations without being so guaranteed by 

the Secretary of Energy and the interest rate actually paid on the 

obligations when issued as taxable obligations. Such payments 

shall be made in amounts determined by the Secretary of Energy, 

and in accordance with such terms and conditions as the Secretary 

of the Treasury shall require. 

ø(h)(1) A fee or fees may be charged and collected by the Secretary of Energy for any loan guarantee under this section. 


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ø(2) The amount of such fee shall be based on the estimated administrative costs and risk of loss, except that such fee may not exceed 1 per centum of the maximum of the guarantee. 

øPRICE SUPPORT LOANS AND PRICE GUARANTEES 

øSEC. 234. (a)(1) In the case of any existing municipal waste energy project which produces and sells biomass energy, the Secretary of Energy may commit to make, and make, a price support 

loan in amounts determined under paragraph (3) for the operation 

of such project. Payments under any such loan shall be disbursed 

on an annual basis, as determined (in accordance with paragraph 

(3)) on the basis of the amount of biomass energy produced and 

sold by that project during the 12-month period involved and the 

type and cost of fuel displaced by the biomass energy sold. 

ø(2)(A) In the case of any support loan under this section for an 

existing municipal waste energy project— 

ø(i) disbursements under such loan may not be made for 

more than 5 consecutive 12-month periods; 

ø(ii) the amount of the disbursement for the second and any 

subsequent 12-month period for which disbursements are to be 

made under the support loan shall be reduced by an amount 

determined by multiplying the amount calculated under paragraph (3) by a factor determined by dividing the number of 12- 

month periods for which disbursements are made under the 

support loan into the number of such periods which have 

elapsed; 

ø(iii) commencing at the end of the last of such 12-month periods, the support loan shall be repayable over a period equal 

to the then remaining useful life of the project (as determined 

by the Secretary) or 10 years, whichever is shorter; and 

ø(iv) commencing at the end of such last 12-month period, 

such loan shall bear interest at a rate determined by the Secretary of Energy (taking into consideration the current average 

market yield on outstanding marketable obligations of the 

United States with remaining periods to maturity comparable 

to the average maturities of such loans) plus not to exceed one 

per centum, as determined by the Secretary of Energy, and adjusted to the nearest one-eighth of one per centum. 

ø(3) The amount of the loan payment to be disbursed under this 

subsection for any year with respect to each type of biomass energy 

produced and sold by an existing municipal waste energy project 

shall be equal to— 

ø(A)(i) the standard support price reduced by the cost of the 

fuel displaced by the biomass energy sold, or (ii) $2.00, whichever is lower, multiplied by 

ø(B) the amount of such biomass energy sold (in millions of 

Btu’s). 

ø(b)(1) In the case of any new municipal waste energy project 

which produces and sells biomass energy, the Secretary of Energy 

may commit to make, and make, a price support loan in amounts 

determined in accordance with the provisions of subsection (a), except as provided in paragraph (2). 

ø(2) In the case of any loan under this subsection for a new municipal waste energy project— 


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ø(A) disbursements under such loan may not be made for 

more than 7 consecutive 12-month periods (with reductions as 

provided in subsection (a)(2)(A)(ii)); 

ø(B) such loan shall bear interest at a rate not in excess of 

the rate prescribed under subsection (a); and 

ø(C) the principal of or interest on such loan shall, in accordance with the support loan agreement, be repayable, commencing at the end of the last 12-month period covered by the 

support loan, over a period not in excess of the period equal to 

the then remaining useful life of the project (as determined by 

the Secretary) or 15 years, whichever is shorter. 

ø(c)(1) In the case of any new municipal waste energy project 

which produces and sells biomass energy, the Secretary of Energy 

may commit to make, and make, a price guarantee for the operation of such project which guarantees that the price the owner or 

operator will receive for all or part of the production from that 

project shall not be less than a specified sales price determined as 

of the date of execution of the guarantee agreement. 

ø(2)(A) No price guarantee under this section may be based upon 

a cost-plus arrangement, or variant thereof, which guarantees a 

profit to the owner or operator involved. 

ø(B) The use of a cost-of-service pricing mechanism by a person 

pursuant to law, or by a regulatory body establishing rates for a 

regulated person, shall not be deemed to be a cost-plus arrangement, or variant thereof, for purposes of subparagraph (A). 

ø(3) In the case of any price guarantee under this subsection for 

a new municipal waste energy project— 

ø(A) disbursements under such guarantee may not be made 

for more than 7 consecutive 12-month periods; and 

ø(B) amounts paid under this subsection may be required to 

be repaid to the Secretary of Energy under such terms and 

conditions as the Secretary may prescribe, including interest at 

a rate not in excess of the rate prescribed under subsection (a). 

ø(d) For purposes of this section— 

ø(1) The term ‘‘new municipal waste energy project’’ means 

any municipal waste energy project which— 

ø(A) is initially placed in service after the date of the enactment of this Act; or 

ø(B) if initially placed in service before such date, has an 

increased capacity by reason of additional construction, 

and as such is placed in service after such date. 

ø(2) The term ‘‘existing municipal waste energy project’’ 

means any municipal waste energy project which is not a new 

municipal waste project. 

ø(3) The term ‘‘placed in service’’ means operated at more 

than 50 percent of the estimated operational capacity. 

ø(4)(A) Except as provided in subparagraphs (B) and (C), the 

term ‘‘standard support price’’ means the average price (per 

million Btu’s) for No. 6 fuel oil imported into the United States 

on the date of the enactment of this Act, as determined, by 

rule, by the Secretary of Energy not later than 90 days after 

the date of the enactment of this Act. 

ø(B) In any case in which the fuel displaced is No. 6 fuel oil 

or any higher grade of petroleum (as determined by the Secretary of Energy), the term ‘‘standard support price’’ means 


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125 per centum of the price determined by rule under subparagraph (A). 

ø(C) In any case in which biomass energy produced and sold 

by a project is steam or electricity, the term ‘‘standard support 

price’’ means the price determined by rule under subparagraph 

(A), subject to such adjustments as the Secretary of Energy 

may authorize by rule. 

ø(5) The term ‘‘cost of the fuel displaced’’ means the cost of 

the fuel (per million Btu’s) which the purchaser of biomass energy would have purchased if the biomass energy had not been 

available for sale to that purchaser. 

ø(6) Any biomass energy produced by a municipal waste energy project which may be retained for use by the owner or operator of such project shall be considered to be sold at such 

price as the Secretary of Energy determines. 

ø(7) Not later than 90 days after the date of the enactment 

of this Act, the Secretary of Energy shall prescribe, by rule, the 

manner of determining the fuel displaced by the sale of any 

biomass energy, and the price of the fuel displaced. 

øGENERAL REQUIREMENTS REGARDING FINANCIAL 

ASSISTANCE 

øSEC. 235. (a)(1) Priority for financial assistance under the provisions of sections 232, 233, and 234, and the most favorable financial terms available, shall be provided for any municipal waste energy project that will— 

ø(A) produce a liquid fuel from municipal waste; or 

ø(B) will displace petroleum or natural gas as a fuel. 

ø(2)(A) With respect to projects producing biomass energy other 

than biomass fuel, financial assistance under the provisions of sections 232, 233, and 234 shall be available only if the Secretary of 

Energy finds that the project does not use petroleum or natural gas 

except for flame stabilization or start-up. 

ø(B) With respect to projects producing biomass fuel, financial 

assistance under such provisions shall be available to such project 

only if the Secretary of Energy finds that the Btu content of the 

biomass fuel produced substantially exceeds the Btu content of any 

petroleum or natural gas used in the project to produce the biomass fuel. 

ø(3) Financial assistance may not be provided under section 232, 

233, or 234 unless the Secretary of Energy finds that necessary 

municipal waste feedstocks are available and it is reasonable to expect they will continue to be available for the expected economic 

life of the project. 

ø(4) In providing financial assistance under section 232, 233, or 

234, the Secretary of Energy shall give due consideration to promoting competition. 

ø(5) In determining the amount of financial assistance for any 

municipal waste energy project which will yield byproducts in addition to biomass energy, the Secretary shall consider the value of 

such byproducts and the costs attributable to their production. 

ø(6) The Secretary of Energy shall not provide financial assistance under section 232, 233, or 234 for any municipal waste energy 

unless the Secretary determines— 

ø(A) the project will be technically and economically viable; 


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ø(B) the financial assistance provided encourages and supplements, but does not compete with nor supplant, any private 

capital investment which otherwise would be available to the 

proposed municipal waste energy project on reasonable terms 

and conditions which would permit such project to be undertaken; 

ø(C) assurances are provided that the project will not use, in 

any substantial quantities, waste paper which would otherwise 

be recycled for a use other than as a fuel and will not substantially compete with facilities in existence on the date of the financial assistance which are engaged in the separation or recovery of reuseable materials from municipal waste; and 

ø(D) that the amount of financial assistance provided for the 

project is not greater than is necessary to achieve the purposes 

of this title. 

ø(b) Financial assistance may not be provided under section 232, 

233, or 234 unless the Secretary of Energy determines that— 

ø(1) the terms, conditions, maturity, security and schedule 

and amounts of repayments with respect to such assistance are 

reasonable and meet such standards as the Secretary determines are sufficient to protect the financial interests of the 

United States; and 

ø(2) the person receiving such financial assistance will bear 

a reasonable degree of risk with respect to the project. 

ø(c)(1) No financial assistance may be provided to any person 

under section 232, 233, or 234 unless an application therefor— 

ø(A) has been submitted to the Secretary of Energy by such 

person in such form and under such procedures as the Secretary shall prescribe, consistent with the requirements of this 

subtitle, and 

ø(B) has been approved by the Secretary in accordance with 

such procedures. 

ø(2) Each such application shall include information regarding 

the construction costs of the municipal waste energy project involved (if appropriate), and estimates of operating costs and income 

relating to that project (including the sale of any byproducts from 

that project). In addition, each applicant shall provide— 

ø(A) access at reasonable times to such other information, 

and 

ø(B) such assurances, as the Secretary of Energy may require. 

ø(d)(1) Every person receiving financial assistance under section 

232, 233, or 234 shall, as a condition precedent thereto, consent to 

such examinations and reports thereon regarding the municipal 

waste energy project involved as the Secretary of Energy may require. 

ø(2) With respect to each municipal waste energy project for 

which financial assistance is provided under section 232, 233, or 

234, the Secretary shall— 

ø(A) require from the recipient of financial assistance such 

reports and records relating to that project as the Secretary 

deems necessary; 

ø(B) prescribe the manner in which such recipient shall keep 

such records; and 


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ø(C) have access to such records at reasonable times for the 

purpose of ensuring compliance with the terms and conditions 

upon which financial assistance is provided. 

ø(e) All amounts received by the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by 

the Secretary from operations under section 232, 233, or 234 shall 

be deposited in the general fund of Treasury of the United States 

as miscellaneous receipts. 

ø(f) All contracts and instruments of the Secretary of Energy to 

provide, or providing, for financial assistance shall be general obligations of the United States backed by its full faith and credit. 

ø(g) Subject to the conditions of any contract for financial assistance, such contract shall be incontestable in the hands of the holder, except as to fraud or material misrepresentation on the part of 

the holder. 

ø(h) Notwithstanding the provisions of the Federal Financing 

Bank Act of 1973 (12 U.S.C. 2281 et seq.) or any other provision 

of law (except as may be specifically provided by reference to this 

subsection in any Act enacted after the date of the enactment of 

this Act), no debt obligation which is made or committed to be 

made, or which is guaranteed or committed to be guaranteed by 

the Secretary of Energy under section 232, 233, or 234 shall be eligible for purchase by, or commitment to purchase by, or sale or 

issuance to, the Federal Financing Bank or any Federal agency. 

øFINANCIAL ASSISTANCE PROGRAM ADMINISTRATION 

øSEC. 236. The Secretary of Energy shall establish procedures 

and take such other actions as may be necessary regarding the solicitation, review, and evaluation of applications, and awarding of 

financial assistance under section 232, 233, or 234 as may be necessary to carry out the plan established under section 231. 

øCOMMERCIALIZATION DEMONSTRATION PROGRAM PURSUANT TO FEDERAL NONNUCLEAR ENERGY RESEARCH 

AND DEVELOPMENT ACT OF 1974 

øSEC. 237. (a)(1) The Secretary of Energy shall establish and conduct, pursuant to the authorities contained in the Federal Nonnuclear Energy Research and Development Act of 1974, an accelerated research, development, and demonstration program for promoting the commercial viability of processes for the recovery of energy from municipal wastes. 

ø(2) The provisions of subsections (d), (m), and (x)(2) of section 

19 of such Act shall not apply with respect to the program established under this section. 

ø(3) As part of the program established under this section, the 

Secretary, after consulting with the Administrator of the Environmental Protection Agency and the Secretary of Commerce, shall 

undertake— 

ø(A) the research, development, and demonstration of technologies to recover energy from municipal wastes; 

ø(B) the development and application of new municipal 

waste-to-energy recovery technologies; 

ø(C) the assessment, evaluation, demonstration, and improvement of the performance of existing municipal waste-toVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00176 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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energy recovery technologies with respect to capital costs, operating and maintenance costs, total project financing, recovery 

efficiency, and the quality of recovered energy and energy intensive materials; 

ø(D) the evaluation of municipal waste energy projects for 

the purpose of developing a base of engineering data that can 

be used in the design of future municipal waste energy projects 

to recover energy from municipal wastes; and 

ø(E) research studies on the size and other significant characteristics of potential markets for municipal waste-to-energy 

recovery technologies, and recovered energy, and energy intensive materials. 

ø(b) Under such program, the Secretary of Energy may provide 

financial assistance consisting of price supports, loans, and loan 

guarantees, for the cost of planning, designing, constructing, operating, and maintaining demonstration facilities, and, in the case of 

existing facilities, modifications of such facilities solely for demonstration purposes, for the conversion of municipal wastes into energy or the recovery of materials. 

ø(c) Priority for funding of activities under subsection (a) and financial assistance under subsection (b) shall be provided for any 

activity or project for the demonstration of technologies for the production of liquid fuels or biomass energy which substitute for petroleum or natural gas. 

ø(d) The Secretary of Energy may not obligate or expend any 

funds authorized under this title in carrying out subsection (b) of 

this section until the plan required under section 231(a) has been 

prepared and submitted to the Congress. 

ø(e) All amounts received by the Secretary of Energy as fees, interest, repayment of principal, and any other moneys received by 

the Secretary from operations under this section shall be deposited 

in the general fund of the Treasury of the United States as miscellaneous receipts. 

øJURISDICTION OF DEPARTMENT OF ENERGY AND 

ENVIRONMENTAL PROTECTION AGENCY 

øSEC. 238. The provisions of section 20(c) of the Federal Nonnuclear Research and Development Act of 1974, relating to the responsibilities of the Environmental Protection Agency and the Department of Energy, shall apply with respect to actions under this 

subtitle to the same extent and in the same manner as such provisions apply to actions under section 20 of such Act. 

øESTABLISHMENT OF OFFICE OF ENERGY FROM 

MUNICIPAL WASTE IN DEPARTMENT OF ENERGY 

øSEC. 239. (a) There is hereby established within the Department 

of Energy an Office of Energy from Municipal Waste (hereinafter 

in this section referred to as the ‘‘Office’’) to be headed by a Director, who shall be appointed by the Secretary of Energy. 

ø(b) It shall be the function of the Office to perform— 

ø(1) the research, development, demonstration, and commercialization activities authorized under this subtitle (including 

those authorized under section 237), and 


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ø(2) such other duties relating to the production of energy 

from municipal waste as the Secretary of Energy may assign 

to the Office. 

ø(c) In carrying out functions tranferred or assigned to the Office, 

the Secretary of Energy shall consult with the Administrator of the 

Environmental Protection Agency, the Secretary of Commerce, and 

the heads of such other Federal agencies, as appropriate. 

ø(d) The Secretary shall provide for the transfer to the Office of 

the functions relating to, and personnel of the Department who are 

responsible for the administration of, programs in existence on the 

date of the enactment of this Act which relate to the research, development, demonstration, and commercialization of technologies 

for the recovery of energy from municipal waste. 

øTERMINATION 

øSEC. 240. No financial assistance may be committed to or made 

under this subtitle after September 30, 1984. This section shall not 

be construed to affect the authority of the Secretary of Energy to 

spend funds after such date pursuant to any award of financial assistance made on or before that date.¿ 

* * * * * * * 

Subtitle D—Miscellaneous Biomass Provisions 

øUSE OF GASOHOL IN FEDERAL MOTOR VEHICLES 

øSEC. 271. (a) The President shall, by executive order, require 

that motor vehicles which are owned or leased by Federal agencies 

and are capable of operating on gasohol shall use gasohol where 

available at reasonable prices and in reasonable quantities. 

ø(b) The President may provide for exceptions to the requirement 

of subsection (a) where necessary, including to protect the national 

security. 

ø(c) Such executive order shall specify the alcohol-gasoline mixture or mixtures which shall constitute ‘‘gasohol’’ for purposes of 

such order, as well as specifications for its use.¿ 

* * * * * * * 

TITLE V—SOLAR ENERGY AND ENERGY 

CONSERVATION 

* * * * * * * 

øSubtitle F—Energy Auditor Training and 

Certification 

øPURPOSE 

øSEC. 581. It is the purpose of this subtitle to encourage the 

training and certification of individuals to conduct energy audits 

for residential and commercial buildings in order to serve the various private and public needs of the Nation for energy audits. 


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øDEFINITIONS 

øSEC. 582. For the purposes of this subtitle— 

ø(1) the term ‘‘Governor’’ means the chief executive officer of 

each State, including the Mayor of the District of Columbia; 

ø(2) the term ‘‘State’’ means any of the several States, the 

District of Columbia, the Commonwealth of Puerto Rico, the 

Virgin Islands, Guam, American Samoa, and the Northern 

Mariana Islands; 

ø(3) the term ‘‘energy audit’’ means an inspection as described in section 215 (b)(1)(A) of the National Energy Conservation Policy Act, or an energy audit as defined in section 

710(b)(7) of such Act, which in addition may provide information on the utilization of renewable resources and may make 

energy-related improvements in the building; and 

ø(4) the term ‘‘Secretary’’ means the Secretary of Energy. 

øGRANTS 

øSEC. 583. (a) The Secretary may make grants to any Governor 

of a State for the training and certification of individuals to conduct energy audits. 

ø(b) Before making a grant under subsection (a) to a Governor, 

the Secretary must receive from the Governor an application containing— 

ø(A) any information which the Secretary deems is necessary 

to carry out this subtitle; and 

ø(B) an assurance that the grant will supplement and not 

supplant other funds available for such training and certification and will be used to increase the total amount of funds 

available for such training and certification. 

ø(c)(1) Before making any grant under subsection (a) the Secretary shall establish minimum standards for the training and certification of individuals to conduct energy audits. 

ø(2) The Secretary shall require each Governor receiving any 

grant under this subtitle to agree to meet the standards established pursuant to paragraph (1) in any training and certification 

conducted using funds provided under this subtitle. 

øAUTHORIZATION OF APPROPRIATIONS 

øSEC. 584. (a) To carry out this subtitle there is authorized to be appropriated the sum of $10,000,000 for the fiscal year ending on 

September 30, 1981, and the sum of $15,000,000 for the fiscal year 

ending on September 30, 1982. 

ø(b) Any funds appropriated under the authorization contained 

in this section shall remain available until expended.¿ 

* * * * * * * 

FEDERAL POWER ACT 

Act of June 10, 1920, Chapter 285, as amended 

* * * * * * * 


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180 

PART I 

* * * * * * * 

SEC. 4. The Commission is hereby authorized and empowered— 

* * * * * * * 

(e) To issue licenses to citizens of the United States, or to any 

association of such citizens, or to any corporation organized under 

the laws of the United States or any State thereof, or to any State 

or municipality for the purpose of constructing, operating, and 

maintaining dams, water conduits, reservoirs, power houses, transmission lines, or other project works necessary or convenient for 

the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from 

or in any of the streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce 

with foreign nations and among the several States, or upon any 

part of the public lands and reservations of the United States (including the Territories), or for the purpose of utilizing the surplus 

water or water power from any Government dam, except as herein 

provided: Provided, That licenses shall be issued within any reservation only after a finding by the Commission that the license 

will not interfere or be inconsistent with the purpose for which 

such reservation was created or acquired, and shall be subject to 

and contain such conditions as the Secretary of the department 

under whose supervision such reservation falls shall ødeem¿ determine to be necessary for the adequate protection and utilization of 

such reservation: Provided further, That no license affecting the 

navigable capacity of any navigable waters of the United States 

shall be issued until the plans of the dam or other structures affecting navigation have been approved by the Chief of Engineers 

and the Secretary of the Army. Whenever the contemplated improvement is, in the judgment of the Commission, desirable and 

justified in the public interest for the purpose of improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, a finding to that effect shall be made 

by the Commission and shall become a part of the records of the 

Commission: Provided further, That in case the Commission shall 

find that any Government dam may be advantageously used by the 

United States for public purposes in addition to navigation, no license therefor shall be issued until two years after it shall have reported to Congress the facts and conditions relating thereto, except 

that this provision shall not apply to any Government dam constructed prior to June 10, 1920: And provided further, That upon 

the filing of any application for a license which has not been preceded by a preliminary permit under subsection (f) of this section, 

notice shall be given and published as required by the proviso of 

said subsection. In deciding whether to issue any license under this 

Part for any project, the Commission, in addition to the power and 

development purposes for which licenses are issued, shall give 

equal consideration to the purposes of energy conservation, the protection, mitigation of damage to, and enhancement of, fish and 

wildlife (including related spawning grounds and habitat), the proVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00180 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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tection of recreational opportunities, and the preservation of other 

aspects of environmental quality. 

* * * * * * * 

SEC. 5. (a) Each preliminary permit issued under this Part shall 

be for the sole purpose of maintaining priority of application for a 

license under the terms of this Act for such period or periods, not 

exceeding a total of øthree¿ 4 years, as in the discretion of the 

Commission may be necessary for making examinations and surveys, for preparing maps, plans, specifications, and estimates, and 

for making financial arrangements. 

(b) The øCommission may extend the period of a preliminary permit once for not more than 2 additional years beyond the 3 years¿ 

Commission may— (1) extend the period of a preliminary permit once for not 

more than 4 additional years beyond the 4 years permitted by 

subsection (a) if the Commission finds that the permittee has 

carried out activities under such permit in good faith and with 

reasonable diligenceø.¿; and 

(2) after the end of an extension period granted under paragraph (1), issue an additional permit to the permittee if the 

Commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit. 

(c) Each such permit shall set forth the conditions under which 

priority shall be maintained. 

(d) Such permits shall not be transferable, and may be canceled 

by order of the Commission upon failure of permittees to comply 

with the conditions thereof or for other good cause shown after notice and opportunity for hearing. 

* * * * * * * 

SEC. 13. That the licensee shall commence the construction of the 

project works within the time fixed in the license, which shall not 

be more than two years from the date thereof, shall thereafter in 

good faith and with due diligence prosecute such construction, and 

shall within the time fixed in the license complete and put into operation such part of the ultimate development as the Commission 

shall deem necessary to supply the reasonable needs of the then 

available market, and shall from time to time thereafter construct 

such portion of the balance of such development as the Commission 

may direct, so as to supply adequately the reasonable market demands until such development shall have been completed. The periods for the commencement of construction may be extended øonce 

but not longer than two additional years¿ for not more than 8 additional years, and the period for the completion of construction carried on in good faith and with reasonable diligence may be extended by the Commission when not incompatible with the public 

interests. In case the licensee shall not commence actual construction of the project works, or of any specified part thereof, within 

the time prescribed in the license or as extended by the commission, then, after due notice given, the license shall, as to such 

project works or part thereof, be terminated upon written order of 

the Commission. In case the construction of the project works, or 

of any specified part thereof, have been begun but not completed 

within the time prescribed in the license, or as extended by the 

commission, then the Attorney General, upon the request of the 


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Commission, shall institute proceedings in equity in the district 

court of the United States for the district in which any part of the 

project is situated for the revocation of said license, the sale of the 

works constructed, and such other equitable relief as the case may 

demand, as provided for in section 26 hereof. 

* * * * * * * 

SEC. 15. (a) (1) * * * 

* * * * * * * 

ø(e) Except¿(e) LICENSE TERM ON RELICENSING.— 

(1) IN GENERAL.—Except for an annual license, any license 

issued by the Commission under this section shall be for a 

term which the Commission determines to be in the public interest but not less than 30 years, nor more than 50 years, from 

the date on which the license is issued. 

(2) CONSIDERATION.—In determining the term of a license 

under paragraph (1), the Commission shall consider project-related investments by the licensee over the term of the existing 

license (including any terms under annual licenses) that resulted in new development, construction, capacity, efficiency improvements, or environmental measures, but which did not result in the extension of the term of the license by the Commission. 

* * * * * * * 

SEC. 18. The Commission shall require the construction, maintenance, and operation by a licensee at its own expense of such lights 

and signals as may be directed by the Secretary of the Department 

in which the Coast Guard is operating, and such fishways as may 

be prescribed by the Secretary of Commerce. øThe license applicant 

and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material 

fact with respect to such fishways. All disputed issues of material 

fact raised by any party shall be determined in a single trial-type 

hearing to be conducted by the relevant resource agency in accordance with the regulations promulgated under this subsection and 

within the time frame established by the Commission for each license proceeding. Within 90 days of the date of enactment of the 

Energy Policy Act of 2005, the Secretaries of the Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine witnesses, in consultation with the Federal Energy Regulatory Commission.¿ The 

operation of any navigation facilities which may be constructed as 

a part of or in connection with any dam or diversion structure built 

under the provisions of this Act, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of 

navigation, including the control of the level of the pool caused by 

such dam or diversion structure as may be made from time to time 

by the Secretary of the Army, and for willful failure to comply with 

any such rule or regulation such licensee shall be deemed guilty of 


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a misdemeanor, and upon conviction thereof shall be punished as 

provided in section 316 hereof. 

* * * * * * * 

SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS. 

(a) ALTERNATIVE CONDITIONS.—(1) Whenever any person applies 

for a license for any project works within any reservation of the 

United States, and the Secretary of the department under whose 

supervision such reservation falls (referred to in this subsection as 

the ‘‘Secretary’’) ødeems¿ determines a condition to such license to 

be necessary under the first proviso of section 4(e), the license applicant or any other party to the license proceeding may propose 

an alternative condition. 

(2) Notwithstanding the first proviso of section 4(e), the Secretary shall accept the proposed alternative condition referred to in 

paragraph (1), and the Commission shall include in the license 

such alternative condition, if the Secretary determines, based on 

substantial evidence provided by the license applicant, any other 

party to the proceeding, or otherwise available to the Secretary, 

that such alternative condition— 

(A) provides for the adequate protection and utilization of 

the reservation; and 

(B) will either, as compared to the condition initially determined to be necessary by the Secretary— 

(i) cost significantly less to implement; or 

(ii) result in improved operation of the project works for 

electricity production. 

(3) In making a determination under paragraph (2), the Secretary shall consider evidence provided for the record by any party 

to a licensing proceeding, or otherwise available to the Secretary, 

including any evidence provided by the Commission, on the implementation costs or operational impacts for electricity production of 

a proposed alternative. 

ø(4) The Secretary concerned shall submit into the public record 

of the Commission proceeding with any condition under section 4(e) 

or alternative condition it accepts under this section, a written 

statement explaining the basis for such condition, and reason for 

not accepting any alternative condition under this section. The 

written statement must demonstrate that the Secretary gave equal 

consideration to the effects of the condition adopted and alternatives not accepted on energy supply, distribution, cost, and use; 

flood control; navigation; water supply; and air quality (in addition 

to the preservation of other aspects of environmental quality); 

based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the 

applicant and others. The Secretary shall also submit, together 

with the aforementioned written statement, all studies, data, and 

other factual information available to the Secretary and relevant to 

the Secretary’s decision.¿ 

ø(5) If the Commission finds that the Secretary’s final condition 

would be inconsistent with the purposes of this part, or other applicable law, the Commission may refer the dispute to the Commission’s Dispute Resolution Service. The Dispute Resolution Service 

shall consult with the Secretary and the Commission and issue a 

non-binding advisory within 90 days. The Secretary may accept the 


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Dispute Resolution Service advisory unless the Secretary finds that 

the recommendation will not adequately protect the reservation. 

The Secretary shall submit the advisory and the Secretary’s final 

written determination into the record of the Commission’s proceeding.¿ 

(b) ALTERNATIVE PRESCRIPTIONS.—(1) Whenever the Secretary of 

the Interior or the Secretary of Commerce prescribes a fishway 

under section 18, the license applicant or any other party to the license proceeding may propose an alternative to such prescription 

to construct, maintain, or operate a fishway. 

(2) Notwithstanding section 18, the Secretary of the Interior or 

the Secretary of Commerce, as appropriate, shall accept and prescribe, and the Commission shall require, the proposed alternative 

referred to in paragraph (1), if the Secretary of the appropriate department determines, based on substantial evidence provided by 

the license applicant, any other party to the proceeding, or otherwise available to the Secretary, that such alternative— 

(A) will be no less protective than the fishway initially prescribed by the Secretary; and 

(B) will either, as compared to the fishway initially prescribed by the Secretary— 

(i) cost significantly less to implement; or 

(ii) result in improved operation of the project works for 

electricity production. 

(3) In making a determination under paragraph (2), the Secretary shall consider evidence provided for the record by any party 

to a licensing proceeding, or otherwise available to the Secretary, 

including any evidence provided by the Commission, on the implementation costs or operational impacts for electricity production of 

a proposed alternative. 

ø(4) The Secretary concerned shall submit into the public record 

of the Commission proceeding with any prescription under section 

18 or alternative prescription it accepts under this section, a written statement explaining the basis for such prescription, and reason for not accepting any alternative prescription under this section. The written statement must demonstrate that the Secretary 

gave equal consideration to the effects of the prescription adopted 

and alternatives not accepted on energy supply, distribution, cost, 

and use; flood control; navigation; water supply; and air quality (in 

addition to the preservation of other aspects of environmental quality); based on such information as may be available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. The Secretary shall also submit, 

together with the aforementioned written statement, all studies, 

data, and other factual information available to the Secretary and 

relevant to the Secretary’s decision.¿ 

ø(5) If the Commission finds that the Secretary’s final prescription would be inconsistent with the purposes of this part, or other 

applicable law, the Commission may refer the dispute to the Commission’s Dispute Resolution Service. The Dispute Resolution Service shall consult with the Secretary and the Commission and issue 

a non-binding advisory within 90 days. The Secretary may accept 

the Dispute Resolution Service advisory unless the Secretary finds 

that the recommendation will not adequately protect the fish resources. The Secretary shall submit the advisory and the SecVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00184 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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retary’s final written determination into the record of the Commission’s proceeding.¿ 

(c) FURTHER CONDITIONS.—This section applies to any further 

conditions or prescriptions proposed or imposed pursuant to section 

4(e), 6, or 18. 

SEC. 34. LICENSING PROCESS IMPROVEMENTS. 

(a) LICENSE STUDIES.— 

(1) IN GENERAL.—To facilitate the timely and efficient completion of the license proceedings under this part, the Commission 

shall— 

(A) conduct an investigation of best practices in performing licensing studies, including methodologies and the 

design of studies to assess the full range of environmental 

impacts of a project; 

(B) compile a comprehensive collection of studies and 

data accessible to the public that could be used to inform 

license proceedings under this paragraph; and 

(C) encourage license applicants and cooperating agencies 

to develop and use, for the purpose of fostering timely and 

efficient consideration of license applications, a limited 

number of open-source methodologies and tools applicable 

across a wide array of projects, including water balance 

models and streamflow analyses. 

(2) USE OF EXISTING STUDIES.—To the maximum extent practicable, the Commission shall use existing studies and data in 

individual licensing proceedings under this part in accordance 

with paragraph (1). 

(3) NONDUPLICATION REQUIREMENT.—To the maximum extent 

practicable, the Commission shall ensure that studies and data 

required for any Federal authorization (as defined in section 

35(a)) applicable to a particular project or facility are not duplicated in other licensing proceedings under this part. 

(4) BIOLOGICAL OPINIONS.—To the maximum extent practicable, the Secretary of Commerce shall ensure that relevant offices within the National Marine Fisheries Service prepare any 

biological opinion under section 7 of the Endangered Species 

Act of 1973 (16 U.S.C. 1536) that forms the basis for a prescription under section 18 on a concurrent rather than sequential 

basis. 

(5) WATER QUALITY CERTIFICATION DEADLINE.— 

(A) IN GENERAL.—For purposes of issuing a license under 

this part, the deadline for a certifying agency to act under 

section 401(a) of the Federal Water Pollution Control Act 

(33 U.S.C. 1341(a)) shall take effect only on the submission 

of a request for certification determined to be complete by 

the certifying agency. 

(B) NOTICE OF COMPLETE REQUEST.—The certifying agency shall inform the Commission when a request for certification is determined to be complete. 

SEC. 35. LICENSING PROCESS COORDINATION. 

(a) DEFINITION OF FEDERAL AUTHORIZATION.—In this section, the 

term ‘‘Federal authorization’’ means any authorization required 

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thorization, certification, opinion, consultation, determination, or 

other approval) with respect to— 

(1) a project licensed under section 4 or 15; or 

(2) a facility exempted under— 

(A) section 30; or 

(B) section 405(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705(d)). 

(b) DESIGNATION AS LEAD AGENCY.— (1) IN GENERAL.—The Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations. 

(2) OTHER AGENCIES.—Each Federal and State agency considering an aspect of an application for Federal authorization 

shall cooperate with the Commission. 

(c) SCHEDULE.— 

(1) TIMING FOR ISSUANCE.—It is the sense of Congress that all 

Federal authorizations required for a project or facility, including a license or exemption order of the Commission, should be 

issued by the date that is 3 years after the date on which an 

application is considered to be complete by the Commission. 

(2) COMMISSION SCHEDULE.— (A) IN GENERAL.—The Commission shall establish a 

schedule for the issuance of all Federal authorizations. 

(B) REQUIREMENTS.—In establishing the schedule under 

subparagraph (A), the Commission shall— 

(i) consult and cooperate with the Federal and State 

agencies responsible for a Federal authorization; 

(ii) ensure the expeditious completion of all proceedings relating to a Federal authorization; and 

(iii) comply with applicable schedules established by 

Federal law with respect to a Federal authorization. 

(3) RESOLUTION OF INTERAGENCY DISPUTES.—If the Federal 

agency fails to adhere to the schedule established by the Commission under paragraph (2), or if the final condition of the 

Secretary under section 4(e) or prescription under section 18 

has been unreasonably delayed in derogation of the schedule established under paragraph (2), or if a proposed alternative condition or prescription has been unreasonably denied, or if a 

final condition or prescription would be inconsistent with the 

purposes of this part or other applicable law, the Commission 

may refer the matter to the Chairman of the Council on Environmental Quality— 

(A) to ensure timely participation; 

(B) to ensure a timely decision; 

(C) to mediate the dispute; or 

(D) to refer the matter to the President. 

(d) CONSOLIDATED RECORD.— 

(1) IN GENERAL.—The Commission shall maintain official 

consolidated records of all license proceedings under this part. 

(2) SUBMISSION OF RECOMMENDATIONS.—Any Federal or 

State agency that is providing recommendations with respect to 

a license proceeding under this part shall submit to the Commission for inclusion in the consolidated record relating to the 

license proceeding maintained under paragraph (1)— 

(A) the recommendations; 


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(B) the rationale for the recommendations; and 

(C) any supporting materials relating to the recommendations. 

(3) WRITTEN STATEMENT.—In a case in which a Federal agency is making a determination with respect to a covered measure 

(as defined in section 36(a)), the head of the Federal agency 

shall include in the consolidated record a written statement 

demonstrating that the Federal agency gave equal consideration 

to the effects of the covered measure on— 

(A) energy supply, distribution, cost, and use; 

(B) flood control; 

(C) navigation; 

(D) water supply; and 

(E) air quality and the preservation of other aspects of 

environmental quality. 

SEC. 36. TRIAL-TYPE HEARINGS. 

(a) DEFINITION OF COVERED MEASURE.—In this section, the term 

‘‘covered measure’’ means— 

(1) a condition prescribed under section 4(e), including an alternative condition proposed under section 33(a); 

(2) fishways prescribed under section 18, including an alternative prescription proposed under section 33(b); or 

(3) any further condition pursuant to section 4(e), 6, or 18. 

(b) AUTHORIZATION OF TRIAL-TYPE HEARING.—The license applicant (including an applicant for a license under section 15) and any 

party to the proceeding shall be entitled to a determination on the 

record, after opportunity for a trial-type hearing of not more than 

120 days, on any disputed issues of material fact with respect to an 

applicable covered measure. 

(c) DEADLINE FOR REQUEST.—A request for a trial-type hearing 

under this section shall be submitted not later than 60 days after 

the date on which, as applicable— 

(1) the Secretary submits the condition under section 4(e) or 

prescription under section 18; or 

(2)(A) the Commission publishes notice of the intention to use 

the reserved authority of the Commission to order a further condition under section 6; or 

(B) the Secretary exercises reserved authority under the license to prescribe, submit, or revise any condition to a license 

under the first proviso of section 4(e) or fishway prescribed 

under section 18, as appropriate. 

(d) NO REQUIREMENT TO EXHAUST.—By electing not to request a 

trial-type hearing under subsection (d), a license applicant and any 

other party to a license proceeding shall not be considered to have 

waived the right of the applicant or other party to raise any issue 

of fact or law in a non-trial-type proceeding, but no issue may be 

raised for the first time on rehearing or judicial review of the license 

decision of the Commission. 

(e) ADMINISTRATIVE LAW JUDGE.—All disputed issues of material 

fact raised by a party in a request for a trial-type hearing submitted 

under subsection (d) shall be determined in a single trial-type hearing to be conducted by an Administrative Law Judge within the Office of Administrative Law Judges and Dispute Resolution of the 

Commission, in accordance with the Commission rules of practice 

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tions (or successor regulations), and within the timeframe established by the Commission for each license proceeding (including a 

proceeding for a license under section 15) under section 35(c). 

(f) STAY.—The Administrative Law Judge may impose a stay of 

a trial-type hearing under this section for a period of not more than 

120 days to facilitate settlement negotiations relating to resolving 

the disputed issues of material fact with respect to the covered measure. 

(g) DECISION OF THE ADMINISTRATIVE LAW JUDGE.— (1) CONTENTS.—The decision of the Administrative Law 

Judge shall contain— 

(A) findings of fact on all disputed issues of material 

fact; 

(B) conclusions of law necessary to make the findings of 

fact, including rulings on materiality and the admissibility 

of evidence; and 

(C) reasons for the findings and conclusions. 

(2) LIMITATION.—The decision of the Administrative Law 

Judge shall not contain conclusions as to whether— 

(A) any condition or prescription should be adopted, 

modified, or rejected; or 

(B) any alternative condition or prescription should be 

adopted, modified, or rejected. 

(3) FINALITY.—A decision of an Administrative Law Judge 

under this section with respect to a disputed issue of material 

fact shall not be subject to further administrative review. 

(4) SERVICE.—The Administrative Law Judge shall serve the 

decision on each party to the hearing and forward the complete 

record of the hearing to the Commission and the Secretary that 

proposed the original condition or prescription. 

(h) SECRETARIAL DETERMINATION.— (1) IN GENERAL.—Not later than 60 days after the date on 

which the Administrative Law Judge issues the decision under 

subsection (g) and in accordance with the schedule established 

by the Commission under section 35(c), the Secretary proposing 

a condition under section 4(e) or a prescription under section 18 

shall file with the Commission a final determination to adopt, 

modify, or withdraw any condition or prescription that was the 

subject of a hearing under this section, based on the decision of 

the Administrative Law Judge. 

(2) RECORD OF DETERMINATION.—The final determination of 

the Secretary filed with the Commission shall identify the reasons for the decision and any considerations taken into account 

that were not part of, or inconsistent with, the findings of the 

Administrative Law Judge and shall be included in the consolidated record in section 35(d). 

(i) LICENSING DECISION OF THE COMMISSION.—Notwithstanding 

sections 4(e) and 18, if the Commission finds that the final condition or prescription of the Secretary is inconsistent with the purposes of this part or other applicable law, the Commission may refer 

the matter to the Chairman of the Council on Environmental Quality under section 35(c). 

(j) JUDICIAL REVIEW.—The decision of the Administrative Law 

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ject to judicial review of the final licensing decision of the Commission under section 313(b). 

SEC. 37. PUMPED STORAGE PROJECTS. 

In carrying out section 6(a) of the Hydropower Regulatory Efficiency Act of 2013 (16 U.S.C. 797 note; Public Law 113–23), the 

Commission shall consider a closed loop pumped storage project to 

include a project— 

(1) in which the upper and lower reservoirs do not impound 

or directly withdraw water from a navigable stream; or 

(2) that is not continuously connected to a naturally flowing 

water feature. 

SEC. 38. ANNUAL REPORTS. 

(a) COMMISSION ANNUAL REPORT.— 

(1) IN GENERAL.—The Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the 

Committee on Energy and Commerce of the House of Representatives an annual report that— 

(A) describes and quantifies, for each licensed, exempted, 

or proposed project under this part or section 405(d) of the 

Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 

2705(d)) (referred to in this subsection as the ‘‘covered 

project’’), the quantity of energy and capacity authorized for 

new development and reauthorized for continued operation 

during the reporting year, including an assessment of the 

economic, climactic, air quality, and other environmental 

benefits achieved by the new and reauthorized energy and 

capacity; 

(B) describes and quantifies the loss of energy, capacity, 

or ancillary services as a result of any licensing action 

under this part or other requirement under Federal law 

during the reporting year; 

(C) identifies any application to license, relicense, or expand a covered project pending as of the date of the annual 

report, including a quantification of the new energy and capacity with the potential to be gained or lost by action relating to the covered project; and 

(D) lists all proposed covered projects that, as of the date 

of the annual report, are subject to a preliminary permit 

issued under section 4(f), including a description of the 

quantity of new energy and capacity that would be achieved 

through the development of each proposed covered project. 

(2) AVAILABILITY.—The Commission shall establish and 

maintain a publicly available website or comparable resource 

that tracks all information required for the annual report under 

paragraph (1). 

(b) RESOURCE AGENCY ANNUAL REPORT.— 

(1) IN GENERAL.—Any Federal or State resource agency that 

is participating in any Commission proceeding under this part 

or that has responsibilities for any Federal authorization shall 

submit to the Committee on Energy and Natural Resources of 

the Senate and the Committee on Energy and Commerce of the 

House of Representatives a report that— 

(A) describes each term, condition, or other requirement 

prepared by the resource agency during the reporting year 


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with respect to a Commission proceeding under this part, 

including— 

(i) an assessment of whether implementation of the 

term, condition, or other requirement would result in 

the loss of energy, capacity, or ancillary services at the 

project, including a quantification of the losses; 

(ii) an analysis of economic, air quality, climactic 

and other environmental effects associated with implementation of the term, condition, or other requirement; 

(iii) a demonstration, based on evidence in the record 

of the Commission, that the resource agency prepared 

the term, condition, or other requirement in a manner 

that meets the policy established by this part while discharging the responsibilities of the resource agency 

under this part or any other applicable requirement 

under Federal law; and 

(iv) a statement of whether the head of the applicable 

Federal agency has rendered final approval of the 

term, condition, or other requirement, or whether the 

term, condition, or other requirement remains a preliminary recommendation of staff of the resource agency; and 

(B) identifies all pending, scheduled, and anticipated 

proceedings under this part that, as of the date of the annual report, the resource agency expects to participate in, or 

has any approval or participatory responsibilities for under 

Federal law, including— 

(i) an accounting of whether the resource agency met 

all deadlines or other milestones established by the resource agency or the Commission during the reporting 

year; and 

(ii) the specific plans of the resource agency for allocating sufficient resources for each project during the 

upcoming year. 

(2) AVAILABILITY.—Any resource agency preparing an annual 

report to Congress under paragraph (1) shall establish and 

maintain a publicly available website or comparable resource 

that tracks all information required for the annual report. 

* * * * * * * 

PART II—REGULATION OF ELECTRIC UTILITY 

COMPANIES ENGAGED IN INTERSTATE COMMERCE 

* * * * * * * 

INTERCONNECTION AND COORDINATION OF FACILITIES; 

EMERGENCIES; TRANSMISSION TO FOREIGN COUNTRIES 

SEC. 202. (a) * * * 

* * * * * * * 

ø(c) DURING¿ (c) AUTHORIZATION DURING WAR OR EMERGENCY.— (1) IN GENERAL.—During the continuance of any war in 

which the United States is engaged, or whenever the Commission determines that an emergency exists by reason of a sudden increase in the demand for electric energy, or a shortage 


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of electric energy or of facilities for the generation or transmission of electric energy, or of fuel or water for generating facilities, or other causes, the Commission shall have authority, 

either upon its own motion or upon complaint, with or without 

notice, hearing, or report, to require by order such temporary 

connections of facilities and such generation, delivery, interchange, or transmission of electric energy as in its judgment 

will best meet the emergency and serve the public interest. If 

the parties affected by such order fail to agree upon the terms 

of any arrangement between them in carrying out such order, 

the Commission, after hearing held either before or after such 

order takes effect, may prescribe by supplemental order such 

terms as it finds to be just and reasonable, including the compensation or reimbursement which should be paid to or by any 

such party. 

(2) NO LIABILITY.—Subject to paragraph (3), any party subject 

to an order issued under this subsection or under subsection 

224(b)(1) shall not be liable for actions carried out in compliance with the order. 

(3) EXCEPTIONS.—The waiver of liability under paragraph (2) 

shall not apply in a case of gross negligence or willful misconduct. 

* * * * * * * 

SEC. 215. ELECTRIC RELIABILITY. 

* * * * * * * 

(g) RELIABILITY REPORTS.—øThe ERO¿ 

(1) IN GENERAL.—The ERO shall conduct periodic assessments of the reliability and adequacy of the bulk-power system 

in North America. 

(2) REGIONAL ENTITIES.—Not later than 180 days after the 

date of enactment of this paragraph and not less than every 3 

years thereafter, each regional entity shall submit to the appropriate committees of Congress and the Commission a report 

that describes, as of the date of the report— 

(A) the state of and prospects for the reliability of electricity within the geographic area covered by the regional 

entity; and 

(B) the most significant risks to the reliability of the 

bulk-power system that might arise or need to be monitored 

within the geographic area covered by the regional entity, 

including risks from proposed or final Federal regulations. 

* * * * * * * 

(l) RELIABILITY IMPACT STATEMENT.— 

(1) SOLICITATION BY COMMISSION.—Not later than 15 days 

after the date on which the head of a Federal agency proposes 

a major rule (as defined in section 804 of title 5, United States 

Code) that may significantly affect the reliable operation of the 

bulk-power system, the Commission shall solicit from any applicable regional entity affected by the proposed rule a reliability 

impact statement with respect to the proposed rule. 

(2) VOLUNTARY SUBMISSION BY REGIONAL ENTITY.—A regional 

entity may prepare, on the initiative of the regional entity, a reliability impact statement for any proposed major Federal rule 


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that the regional entity determines would significantly affect the 

reliable operation of the bulk-power system within the area covered by the regional entity. 

(3) MULTIJURISDICTIONAL COORDINATION.—If a proposed rule 

subject to a reliability impact statement under paragraph (1) or 

(2) affects an area broader than the area covered by a single regional entity, the ERO shall convene a committee of the affected 

regional entities to produce a single reliability impact statement 

that demonstrates for each affected area the reliability impact 

of the proposed rule. 

(4) REQUIREMENTS.—A reliability impact statement under 

paragraph (1) or (2) shall include a detailed statement on— 

(A) the impact of the proposed rule on the reliable operation of the bulk-power system; 

(B) any adverse effects on the reliable operation of the 

bulk-power system if the proposed rule was implemented; 

and 

(C) alternatives to cure the identified adverse reliability 

impacts, including, at the discretion of the regional entity, 

a no-action alternative. 

(5) SUBMISSION TO COMMISSION.—On completion of a reliability impact statement under paragraph (1) or (2), the regional entity or a committee of affected regional entities convened under paragraph (3) shall submit to the Commission the 

reliability impact statement. 

(6) TRANSMITTAL TO HEAD OF FEDERAL AGENCY.—On receipt 

of a reliability impact statement submitted to the Commission 

under paragraph (5), the Commission shall transmit to the 

head of the applicable Federal agency the reliability impact 

statement prepared under this subsection for inclusion in the 

public record. 

(7) Inclusion of detailed response in final rule.—With respect 

to a final major rule subject to a reliability impact statement 

prepared under paragraph (1) or (2), the head of the Federal 

agency shall— 

(A) consider the reliability impact statement; 

(B) give due weight to the technical expertise of the regional entity with respect to matters that are the subject of 

the reliability impact statement; and 

(C) include in the final rule a detailed response to the reliability impact statement that reasonably addresses the detailed statements required under paragraph (4). 

* * * * * * * 

SEC. 224. CYBERSECURITY THREATS. 

(a) DEFINITIONS.—In this section: 

(1) BULK-POWER SYSTEM.—The term ‘‘bulk-power system’’ has 

the meaning given the term in section 215. 

(2) CRITICAL ELECTRIC INFRASTRUCTURE.—The term ‘‘critical 

electric infrastructure’’ means a system or asset of the bulkpower system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of 

those matters. 

(3) CRITICAL ELECTRIC INFRASTRUCTURE INFORMATION.— 


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(A) IN GENERAL.—The term ‘‘critical electric infrastructure information’’ means information related to critical electric infrastructure, or proposed critical electric infrastructure, generated by or provided to the Commission or other 

Federal agency, other than classified national security information, that is designated as critical electric infrastructure information by the Commission under subsection 

(d)(2). 

(B) INCLUSIONS.—The term ‘‘critical electric infrastructure information’’ includes information that qualifies as 

critical energy infrastructure information under regulations 

promulgated by the Commission. 

(4) CYBERSECURITY THREAT.—The term ‘‘cybersecurity threat’’ 

means the imminent danger of an act that severely disrupts, attempts to severely disrupt, or poses a significant risk of severely 

disrupting the operation of programmable electronic devices or 

communications networks (including hardware, software, and 

data) essential to the reliable operation of the bulk-power system. 

(5) ELECTRIC RELIABILITY ORGANIZATION.—The term ‘‘Electric 

Reliability Organization’’ has the meaning given the term in 

section 215. 

(6) REGIONAL ENTITY.—The term ‘‘regional entity’’ has the 

meaning given the term in section 215. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

Energy. 

(b) EMERGENCY AUTHORITY OF SECRETARY.— (1) IN GENERAL.—If the President notifies the Secretary that 

the President has made a determination that immediate action 

is necessary to protect the bulk-power system from a cybersecurity threat, the Secretary may require, by order and with or 

without notice, any entity that is registered with the Electric Reliability Organization as an owner, operator, or user of the 

bulk-power system to take such actions as the Secretary determines will best avert or mitigate the cybersecurity threat. 

(2) WRITTEN EXPLANATION.—As soon as practicable after notifying the Secretary under paragraph (1), the President shall— 

(A) provide to the Secretary, in writing, a record of the 

determination and an explanation of the reasons for the determination; and 

(B) promptly notify, in writing, congressional committees 

of relevant jurisdiction, including the Committee on Energy 

and Commerce of the House of Representatives and the 

Committee on Energy and Natural Resources of the Senate, 

of the contents of, and justification for, the directive or determination. 

(3) COORDINATION WITH CANADA AND MEXICO.—In exercising 

the authority pursuant to this subsection, the Secretary is encouraged to consult and coordinate with the appropriate officials in Canada and Mexico responsible for the protection of cybersecurity of the interconnected North American electricity 

grid. 

(4) CONSULTATION.—Before exercising authority pursuant to 

this subsection, to the maximum extent practicable, taking into 

consideration the nature of an identified cybersecurity threat 


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and the urgency of need for action, the Secretary shall consult 

regarding implementation of actions that will effectively address the cybersecurity threat with— 

(A) any entities potentially subject to the cybersecurity 

threat that own, control, or operate bulk-power system facilities; 

(B) the Electric Reliability Organization; 

(C) the Electricity Sub-sector Coordinating Council (as 

established by the Electric Reliability Organization); and 

(D) officials of other Federal departments and agencies, 

as appropriate. 

(5) COST RECOVERY.— 

(A) IN GENERAL.—The Commission shall adopt regulations that permit entities subject to an order under paragraph (1) to seek recovery of prudently incurred costs required to implement actions ordered by the Secretary under 

this subsection. 

(B) REQUIREMENTS.—Any rate or charge approved under 

regulations adopted pursuant to this paragraph— 

(i) shall be just and reasonable; and 

(ii) shall not be unduly discriminatory or preferential. 

(c) DURATION OF EMERGENCY ORDERS.—An order issued by the 

Secretary pursuant to subsection (b) shall remain in effect for not 

longer than the 30-day period beginning on the effective date of the 

order, unless, during that 30 day-period, the Secretary— 

(1) provides to interested persons an opportunity to submit 

written data, recommendations, and arguments; and 

(2) affirms, amends, or repeals the order, subject to the condition that an amended order shall not exceed a total duration of 

90 days. 

(d) PROTECTION AND SHARING OF CRITICAL ELECTRIC INFRASTRUCTURE.— (1) PROTECTION OF CRITICAL ELECTRIC INFRASTRUCTURE.— 

Critical electric infrastructure information— 

(A) shall be exempt from disclosure under section 

552(b)(3) of title 5, United States Code; and 

(B) shall not be made available by any State, political 

subdivision, or tribal authority pursuant to any State, political subdivision, or tribal law requiring disclosure of information or records. 

(2) DESIGNATION AND SHARING OF CRITICAL ELECTRIC INFRASTRUCTURE INFORMATION.—Not later than 1 year after the date 

of enactment of this section, the Commission, in consultation 

with the Secretary of Energy, shall promulgate such regulations 

and issue such orders as necessary— 

(A) to designate critical electric infrastructure information; 

(B) to prohibit the unauthorized disclosure of critical 

electric infrastructure information; and 

(C) to ensure there are appropriate sanctions in place for 

Commissioners, officers, employees, or agents of the Commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section; 


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(3) CONSIDERATIONS.—In promulgating regulations and 

issuing orders under paragraph (2), the Commission shall take 

into consideration the role of State commissions in— 

(A) reviewing the prudence and cost of investments; 

(B) determining the rates and terms of conditions for 

electric services; and (C) ensuring the safety and reliability 

of the bulk-power system and distribution facilities within 

the respective jurisdictions of the State commissions. 

(4) NO REQUIRED SHARING OF INFORMATION.—Nothing in this 

section requires a person or entity in possession of critical electric infrastructure information to share the information with 

Federal, State, political subdivision, or tribal authorities, or 

any other person or entity. 

(5) DISCLOSURE OF NONCRITICAL ELECTRIC INFRASTRUCTURE

INFORMATION—In carrying out this section, the Commission 

shall segregate critical electric infrastructure information within documents and electronic communications, wherever feasible, 

to facilitate disclosure of information that is not designated as 

critical electric infrastructure information. 

* * * * * * * 

FARM SECURITY RURAL INVESTMENT ACT OF 

2002 

Public Law 107–171, as amended 

* * * * * * * 

TITLE IX—ENERGY 

* * * * * * * 

SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 

(a) DEFINITIONS.—In this section: 

(1) BIOBASED PRODUCT.—The term ‘‘biobased product’’ 

means— 

(A) an industrial product (including chemicals, materials, and polymers) produced from biomass; or 

(B) a commercial or industrial product (including animal 

feed and electric power) derived in connection with the 

conversion of biomass to fuel. 

(2) BIO-POWER.—The term ‘‘bio-power’’ means the use of 

woody biomass to generate electricity. 

(3) BOARD.—The term ‘‘Board’’ means the Biomass Research 

and Development Board. 

ø(2)¿(4) DEMONSTRATION.—The term ‘‘demonstration’’ means 

demonstration of technology in a pilot plant or semi-works 

scale facility, including a plant or facility located on a farm. 

ø(3)¿(5) INITIATIVE.—The term ‘‘Initiative’’ means the Biomass Research and Development Initiative established under 

subsection (e). 

* * * * * * * 

(c) BIOMASS RESEARCH AND DEVELOPMENT BOARD.— 


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(1) ESTABLISHMENT.—There is established the Biomass Research and Development Board to carry out the duties described in paragraph (3). 

(2) MEMBERSHIP.—The Board shall consist of— 

(A) the point of contacts of the Department of Energy 

and the Department of Agriculture, who shall serve as cochairpersons of the Board; 

(B) a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National 

Science Foundation, and the Office of Science and Technology Policy, each of whom shall have a rank that is 

equivalent to the rank of the points of contact; and 

(C) at the option of the Secretary of Agriculture and the 

Secretary of Energy, other members appointed by the Secretaries (after consultation with the Board). 

(3) DUTIES.—The Board shall— 

(A) coordinate research and development activities relating to øbiofuels and biobased products¿ biofuels, biobased 

products, bio-power, and woody biomass heat projects— 

* * * * * * * 

(f) WOODY BIOMASS HEAT AND BIO-POWER GRANTS.— 

(1) ESTABLISHMENT.—The Secretary of Agriculture and the 

Secretary of Energy, in consultation with the Board, shall establish a program under which the Secretary of Agriculture 

and the Secretary of Energy shall provide grants to relevant 

projects to support innovation and market development in 

woody biomass heat and bio-power. 

(2) APPLICATIONS.—To be eligible to receive a grant under 

this subsection, the owner or operator of a relevant project shall 

submit to the Secretary of Agriculture and the Secretary of Energy an application at such time, in such manner, and containing such information as the Secretary of Agriculture and 

the Secretary of Energy may require. 

(3) ALLOCATION.—Of the amounts appropriated to carry out 

this subsection, the Secretary of Agriculture and the Secretary 

of Energy shall not provide more than— 

(A) $15,000,000 for projects that develop innovative techniques for preprocessing biomass for woody biomass heat 

and bio-power, with the goals of lowering the costs of— 

(i) distributed preprocessing technologies, including 

technologies designed to promote densification, 

torrefaction, and the broader commoditization of bioenergy feedstocks; and 

(ii) transportation; and 

(B) $15,000,000 for innovative woody biomass heat and 

bio-power demonstration projects, including— 

(i) district energy projects; 

(ii) innovation in transportation; and 

(iii) projects addressing the challenges of retrofitting 

existing coal-fired electricity generation facilities to use 

biomass. 

(4) REGIONAL DISTRIBUTION.—In selecting projects to receive 

grants under this subsection, the Secretary of Agriculture and 

the Secretary of Energy shall ensure, to the maximum extent 


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practicable, diverse geographical distribution among the 

projects. 

(5) COST SHARE.—The Federal share of the cost of a project 

carried out using a grant under this subsection shall be 50 percent. 

(6) DUTIES OF RECIPIENTS.—As a condition of receiving a 

grant under this subsection, the owner or operator of a project 

shall— 

(A) participate in the applicable working group under 

paragraph (7); 

(B) submit to the Secretary of Agriculture and the Secretary of Energy a report that includes— 

(i) a description of the project and any relevant findings; and 

(ii) such other information as the Secretary of Agriculture and the Secretary of Energy determine to be 

necessary to complete the report of the Secretary under 

paragraph (9); and 

(C) carry out such other activities as the Secretary of Agriculture and the Secretary of Energy determine to be necessary. 

(7) WORKING GROUPS.—The Secretary of Agriculture and the 

Secretary of Energy shall establish 2 working groups to share 

best practices and collaborate in project implementation, of 

which— 

(A) 1 shall be comprised of representatives of projects 

that receive grants under paragraph (3)(A); and 

(B) 1 shall be comprised of representatives of projects 

that receive grants under paragraph (3)(B). 

(8) INCLUSION OF OILSEED CROPS.—A grant may be provided 

under this subsection to relevant projects to support innovation 

and market development in oilseed crops. 

(9) REPORTS.—Not later than 5 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary 

of Energy shall submit to Congress a report describing— 

(A) each project for which a grant has been provided 

under this subsection; 

(B) any findings as a result of those projects; and 

(C) the state of market and technology development, including market barriers and opportunities. 

ø(f)¿(g) ADMINISTRATIVE SUPPORT AND FUNDS.— 

(1) IN GENERAL.—The Secretary of Energy and the Secretary 

of Agriculture may provide such administrative support and 

funds of the Department of Energy and the Department of Agriculture to the Board and the Advisory Committee as are necessary to enable the Board and the Advisory Committee to 

carry out their duties under this section. 

(2) OTHER AGENCIES.—The heads of the agencies referred to 

in subsection (c)(2)(B), and the other members of the Board appointed under subsection (c)(2)(C), are encouraged to provide 

administrative support and funds of their respective agencies 

to the Board and the Advisory Committee. 

(3) LIMITATION.—Not more than 4 percent of the amount 

made available for each fiscal year under subsection (h) may 


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be used to pay the administrative costs of carrying out this section. 

ø(g)¿(h) REPORTS.—For each fiscal year for which funds are made 

available to carry out this section, the Secretary of Energy and the 

Secretary of Agriculture shall jointly submit to Congress a detailed 

report on— 

(1) the status and progress of the Initiative, including a report from the Advisory Committee on whether funds appropriated for the Initiative have been distributed and used in a 

manner that is consistent with the objectives and requirements 

of this section; 

(2) the general status of cooperation and research and development efforts carried out at each agency with respect to 

biofuels and biobased products; and 

(3) the plans of the Secretary of Energy and the Secretary 

of Agriculture for addressing concerns raised in the report, including concerns raised by the Advisory Committee. 

ø(h)¿(i) FUNDING.— (1) MANDATORY FUNDING.—Of the funds of the Commodity 

Credit Corporation, the Secretary of Agriculture shall use to 

carry out this section, to remain available until expended— 

(A) $20,000,000 for fiscal year 2009; 

(B) $28,000,000 for fiscal year 2010; 

(C) $30,000,000 for fiscal year 2011; 

(D) $40,000,000 for fiscal year 2012; and 

(E) $3,000,000 for each of fiscal years 2014 through 

2017. 

(2) DISCRETIONARY FUNDING.—In addition to any other funds 

made available to carry out this section, there is authorized to 

be appropriated to carry out this section $20,000,000 for each 

of fiscal years 2014 through 2018. 

* * * * * * * 

GEOTHERMAL STEAM ACT OF 1970 

Public Law 109–58, as amended 

* * * * * * * 

SEC. 4. LEASING PROCEDURES. 

(a) NOMINATIONS.—The Secretary shall accept nominations of 

land to be leased at any time from qualified companies and individuals under this Act. 

(b) COMPETITIVE LEASE SALE REQUIRED.— 

(1) IN GENERAL.—Except as otherwise specifically provided 

by this Act, all land to be leased that is not subject to leasing 

under subsection (c) shall be leased as provided in this subsection to the highest responsible qualified bidder, as determined by the Secretary. 

(2) COMPETITIVE LEASE SALES.—The Secretary shall hold a 

competitive lease sale at least once every 2 years for land in 

a State that has nominations pending under subsection (a) if 

the land is otherwise available for leasing. 

(3) LANDS SUBJECT TO MINING CLAIMS.—Lands that are subject to a mining claim for which a plan of operations has been 


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approved by the relevant Federal land management agency 

may be available for noncompetitive leasing under this section 

to the mining claim holder. 

(4) LAND SUBJECT TO OIL AND GAS LEASE.—Land under an oil 

and gas lease issued pursuant to the Mineral Leasing Act (30 

U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 

Lands (30 U.S.C. 351 et seq.) that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing 

under this section to the holder of the oil and gas lease— 

(A) on a determination that— 

(i) geothermal energy will be produced from a well 

producing or capable of producing oil and gas; and 

(ii) national energy security will be improved by the 

issuance of such a lease; and 

(B) to provide for the coproduction of geothermal energy 

with oil and gas. 

(5) ADJOINING LAND.— (A) DEFINITIONS.—In this paragraph: 

(i) FAIR MARKET VALUE PER ACRE.—The term ‘fair 

market value per acre’ means a dollar amount per acre 

that— 

(I) except as provided in this clause, shall be 

equal to the market value per acre (taking into account the determination under subparagraph 

(B)(iii) regarding a valid discovery on the adjoining land), as determined by the Secretary under 

regulations issued under this paragraph; 

(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later 

than the end of the 180-day period beginning on 

the date the Secretary receives an application for 

the lease; and 

(III) shall be not less than the greater of— 

(aa) 4 times the median amount paid per 

acre for all land leased under this Act during 

the preceding year; or ‘‘(bb) $50. 

(ii) INDUSTRY STANDARDS.—The term ‘‘industry 

standards’’ means the standards by which a qualified 

geothermal professional assesses whether downhole or 

flowing temperature measurements with indications of 

permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while 

drilling. 

(iii) QUALIFIED FEDERAL LAND.—The term ‘‘qualified 

Federal land’’ means land that is otherwise available 

for leasing under this Act. 

(iv) QUALIFIED GEOTHERMAL PROFESSIONAL.—The 

term ‘‘qualified geothermal professional’’ means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in 

geothermal exploration, development, or project assessment. 


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(v) QUALIFIED LESSEE.—The term ‘‘qualified lessee’’ 

means a person that is eligible to hold a geothermal 

lease under this Act (including applicable regulations). 

(vi) VALID DISCOVERY.—The term ‘valid discovery’ 

means a discovery of a geothermal resource by a new 

or existing slim hole or production well, that exhibits 

downhole or flowing temperature measurements with 

indications of permeability that are sufficient to meet 

industry standards. 

(B) AUTHORITY.—An area of qualified Federal land that 

adjoins other land for which a qualified lessee holds a legal 

right to develop geothermal resources may be available for 

a noncompetitive lease under this section to the qualified 

lessee at the fair market value per acre, if— 

(i) the area of qualified Federal land— 

(I) consists of not less than 1 acre and not more 

than 640 acres; and 

(II) is not already leased under this Act or nominated to be leased under subsection (a); 

(ii) the qualified lessee has not previously received a 

noncompetitive lease under this paragraph in connection with the valid discovery for which data has been 

submitted under clause (iii)(I); and 

(iii) sufficient geological and other technical data 

prepared by a qualified geothermal professional has 

been submitted by the qualified lessee to the applicable 

Federal land management agency that would lead individuals who are experienced in the subject matter to 

believe that— 

(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee 

holds the legal right to develop geothermal resources; and 

(II) that thermal feature extends into the adjoining areas. 

(C) DETERMINATION OF FAIR MARKET VALUE.— (i) IN GENERAL.—The Secretary shall— 

(I) publish a notice of any request to lease land 

under this paragraph; 

(II) determine fair market value for purposes of 

this paragraph in accordance with procedures for 

making those determinations that are established 

by regulations issued by the Secretary; 

(III) provide to a qualified lessee and publish, 

with an opportunity for public comment for a period of 30 days, any proposed determination under 

this subparagraph of the fair market value of an 

area that the qualified lessee seeks to lease under 

this paragraph; and 

(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the 

final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with 

applicable law (including regulations). 


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(ii) LIMITATION ON NOMINATION.—After publication 

of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection 

(a) any nomination of the land for leasing unless the 

request has been denied or withdrawn. 

(iii) ANNUAL RENTAL.—For purposes of section 

5(a)(3), a lease awarded under this paragraph shall be 

considered a lease awarded in a competitive lease sale. 

(D) REGULATIONS.—Not later than 270 days after the 

date of enactment of the Energy Policy Modernization Act 

of 2015, the Secretary shall issue regulations to carry out 

this paragraph. 

* * * * * * * 

SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. 

(a) DEFINITIONS.—In this section: 

(1) COVERED LAND.—The term ‘‘covered land’’ means land 

that is— 

(A) subject to geothermal leasing in accordance with section 3; and 

(B) not excluded from the development of geothermal energy under— 

(i) a final land use plan established under the Federal Land Policy and Management Act of 1976 (43 

U.S.C. 1701 et seq.); 

(ii) a final land and resource management plan established under the National Forest Management Act 

of 1976 (16 U.S.C. 1600 et seq.); or 

(iii) any other applicable law. 

(2) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ 

means— 

(A) the Secretary of Agriculture (acting through the Chief 

of the Forest Service), with respect to National Forest System land; and 

(B) the Secretary, with respect to land managed by the 

Bureau of Land Management (including land held for the 

benefit of an Indian tribe). 

(b) NEPA REVIEW OF GEOTHERMAL EXPLORATION TEST

PROJECTS.— 

(1) IN GENERAL.—An eligible activity described in paragraph 

(2) carried out on covered land shall be considered an action 

categorically excluded from the requirements for an environmental assessment or an environmental impact statement under 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.) or section 1508.4 of title 40, Code of Federal Regulations 

(or a successor regulation) if— 

(A) the action is for the purpose of geothermal resource 

exploration operations; and 

(B) the action is conducted pursuant to this Act. 

(2) ELIGIBLE ACTIVITY.—An eligible activity referred to in 

paragraph (1) is— 

(A) a geophysical exploration activity that does not require drilling, including a seismic survey; 


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(B) the drilling of a well to test or explore for geothermal 

resources on land leased by the Secretary concerned for the 

development and production of geothermal resources that— 

(i) is carried out by the holder of the lease; 

(ii) causes— 

(I) fewer than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and 

(II) not more than an additional 5 acres of soil 

or vegetation disruption during access or egress to 

the project site; 

(iii) is completed in fewer than 90 days, including 

the removal of any surface infrastructure from the 

project site; and 

(iv) requires the restoration of the project site not 

later than 3 years after the date of completion of the 

project to approximately the condition that existed at 

the time the project began, unless— 

(I) the project site is subsequently used as part 

of energy development on the lease; or 

(II) the project— 

(aa) yields geothermal resources; and 

(bb) the use of the geothermal resources will 

be carried out under another geothermal generation project in existence at the time of the 

discovery of the geothermal resources; or 

(C) the drilling of a well to test or explore for geothermal 

resources on land leased by the Secretary concerned for the 

development and production of geothermal resources that— 

(i) causes an individual surface disturbance of fewer 

than 5 acres if— 

(I) the total surface disturbance on the leased 

land is not more than 150 acres; and 

(II) a site-specific analysis has been prepared 

under the National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.); 

(ii) involves the drilling of a geothermal well at a location or well pad site at which drilling has occurred 

within 5 years before the date of spudding the well; or 

(iii) involves the drilling of a geothermal well in a 

developed field for which— 

(I) an approved land use plan or any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) analyzed the drilling as a reasonably foreseeable activity; and 

(II) the land use plan or environmental document was approved within 10 years before the date 

of spudding the well. 

(3) LIMITATION BASED ON EXTRAORDINARY CIRCUMSTANCES.— The categorical exclusion established under paragraph (1) shall 

be subject to extraordinary circumstances in accordance with 

the Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions). 

(c) NOTICE OF INTENT; REVIEW AND DETERMINATION.— 


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(1) REQUIREMENT TO PROVIDE NOTICE.—Not later than 30 

days before the date on which drilling begins, a leaseholder intending to carry out an eligible activity shall provide notice to 

the Secretary concerned. 

(2) REVIEW OF PROJECT.—Not later than 10 days after receipt 

of a notice of intent provided under paragraph (1), the Secretary concerned shall— 

(A) review the project described in the notice and determine whether the project is an eligible activity; and 

(B)(i) if the project is an eligible activity, notify the leaseholder that under subsection (b), the project is considered 

a categorical exclusion under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 

1508.4 of title 40, Code of Federal Regulations (or a successor regulation); or 

(ii) if the project is not an eligible activity— 

(I) notify the leaseholder that section 102(2)(C) of the 

National Environmental Policy Act of 1969 (42 U.S.C. 

4332(2)(C)) applies to the project; 

(II) include in that notification clear and detailed 

findings on any deficiencies in the project that prevent 

the application of subsection (b) to the project; and 

(III) provide an opportunity to the leaseholder to 

remedy the deficiencies described in the notification before the date on which the leaseholder plans to begin 

the project under paragraph (1). 

* * * * * * * 

METHANE HYDRATE RESEARCH AND 

DEVELOPMENT ACT OF 2000 

Public Law 106–193, as amended 

* * * * * * * 

SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM. 

* * * * * * * 

ø(b) GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS, AND FIELD WORK PROPOSALS.— 

ø(1) ASSISTANCE AND COORDINATION.—In carrying out the 

program of methane hydrate research and development authorized by this section, the Secretary may award grants to, or 

enter into contracts or cooperative agreements with, institutions of higher education, oceanographic institutions, and industrial enterprises to— 

ø(A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a commercially viable source of energy; 

ø(B) identify methane hydrate resources through remote 

sensing; 

ø(C) acquire and reprocess seismic data suitable for 

characterizing methane hydrate accumulations; 


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ø(D) assist in developing technologies required for efficient and environmentally sound development of methane 

hydrate resources; 

ø(E) promote education and training in methane hydrate 

resource research and resource development through fellowships or other means for graduate education and training; 

ø(F) conduct basic and applied research to assess and 

mitigate the environmental impact of hydrate degassing 

(including both natural degassing and degassing associated 

with commercial development); 

ø(G) develop technologies to reduce the risks of drilling 

through methane hydrates; and 

ø(H) conduct exploratory drilling, well testing, and production testing operations on permafrost and non-permafrost gas hydrates in support of the activities authorized 

by this paragraph, including drilling of one or more fullscale production test wells. 

ø(2) COMPETITIVE PEER REVIEW.—Funds made available 

under paragraph (1) shall be made available based on a competitive process using external scientific peer review of proposed research.¿ 

(b) GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS, INTER- AGENCY FUNDS TRANSFER AGREEMENTS, AND FIELD WORK PRO- POSALS.— 

(1) ASSISTANCE AND COORDINATION.—In carrying out the program of methane hydrate research and development authorized 

by this section, the Secretary may award grants to, or enter into 

contracts or cooperative agreements with, institutions— 

(A) to conduct basic and applied research— 

(i) to identify, explore, assess, and develop methane 

hydrate as a commercially viable source of energy; and 

(ii) to identify the environmental, health, and safety 

impacts of methane hydrate development; 

(B) to identify and characterize methane hydrate resources using remote sensing and seismic data, including 

the characterization of hydrate concentrations in marine 

reservoirs in the Gulf of Mexico or the Atlantic Ocean Basin 

by the date that is 4 years after the date of enactment of 

the Energy Policy Modernization Act of 2015; 

(C) to develop technologies required for efficient and environmentally sound development of methane hydrate resources; 

(D) to conduct basic and applied research to assess and 

mitigate the environmental impact of hydrate degassing 

(including natural degassing and degassing associated 

with commercial development); 

(E) to develop technologies to reduce the risks of drilling 

through methane hydrates; 

(F) to conduct exploratory drilling, well testing, and production testing operations on permafrost and nonpermafrost gas hydrates in support of the activities authorized by 

this paragraph, including— 

(i) drilling of a test well and performing a long-term 

hydrate production test on land in the United States 


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Arctic region by the date that is 4 years after the date 

of enactment of the Energy Policy Modernization Act of 

2015; 

(ii) drilling of a test well and performing a long-term 

hydrate production test in a marine environment by the 

date that is 10 years after the date of enactment of the 

Energy Policy Modernization Act of 2015; and 

(iii) drilling a full-scale production test well at a location to be determined by the Secretary; or 

(G) to expand education and training programs in methane hydrate resource research and resource development 

through fellowships or other means for graduate education 

and training. 

(2) ENVIRONMENTAL MONITORING AND RESEARCH.—The Secretary shall conduct a long-term environmental monitoring and 

research program to study the effects of production from methane hydrate reservoirs. 

(3) COMPETITIVE PEER REVIEW.—Funds made available under 

paragraphs (1) and (2) shall be made available based on a competitive process using external scientific peer review of proposed 

research. 

* * * * * * * 

(e) RESPONSIBILITIES OF THE SECRETARY.—In carrying out ƒsubsection (b)(1)≈ paragraphs (1) and (2) of subsection (b), the Secretary shall— 

* * * * * * * 

ƒSEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

ƒThere are authorized to be appropriated to the Secretary to carry 

out this Act, to remain available until expended— 

ƒ(1) $ 15,000,000 for fiscal year 2006; 

ƒ(2) $ 20,000,000 for fiscal year 2007; 

ƒ(3) $ 30,000,000 for fiscal year 2008; 

ƒ(4) $ 40,000,000 for fiscal year 2009; and 

ƒ(5) $ 50,000,000 for fiscal year 2010.≈ 

SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this Act 

$35,000,000 for each of fiscal years 2017 through 2021. 

* * * * * * * 

MINERAL LEASING ACT 

Act of February 25, 1920, as amended 

AN ACT To promote the mining of coal, phosphate, oil, oil shale, gas, and sodium 

on the public domain. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, * * * 

The term ‘‘oil’’ shall embrace * * * 

The term ‘‘combined hydrocarbon lease’’ shall refer * * * 

The term ‘‘special tar sand area’’ means * * * 

øThe United States reserves the ownership of and the right to 

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wise granted under the provisions of this Act, under such rules and 

regulations as shall be prescribed by the Secretary of the Interior: 

Provided further, That in the extraction of helium from gas produced from such lands it shall be so extracted as to cause no substantial delay in the delivery of gas produced from the well to the 

purchaser thereof.¿ 

* * * * * * * 

MINERAL LEASING ACT FOR ACQUIRED LANDS 

Public Law 80–382 

* * * * * * * 

SEC. 12. RIGHTS TO HELIUM. 

Any lease issued under this Act that authorizes exploration for, or 

development or production of, gas shall be considered to grant to the 

lessee a right of first refusal to engage in exploration for, and development and production of, helium on land that is subject to the 

lease in accordance with regulations issued by the Secretary. 

* * * * * * * 

NATIONAL CRITICAL MATERIALS ACT OF 1984 

Public Law 98–373, as amended 

* * * * * * * 

SHORT TITLE 

øSEC. 201. This title may be cited as the ‘‘National Critical Materials Act of 1984’’. 

øFINDINGS AND PURPOSES 

øSEC. 202. (a) The Congress finds that— 

ø(1) the availability of adequate supplies of strategic and 

critical industrial minerals and materials continues to be essential for national security, economic well-being, and industrial production; 

ø(2) the United States is increasingly dependent on foreign 

sources of materials and vulnerable to supply interruption in 

the case of many of those minerals and materials essential to 

the Nation’s defense and economic well-being; 

ø(3) together with increasing import dependence, the Nation’s industrial base, including the capacity to process minerals and materials, is deteriorating—both in terms of facilities 

and in terms of a trained labor force; 

ø(4) research, development, and technological innovation, especially related to improved materials and new processing 

technologies, are important factors which affect our long-term 

capability for economic competitiveness, as well as for adjustment to interruptions in supply of critical minerals and materials; 


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ø(5) while other nations have developed and implemented 

specific long-term research and technology programs to develop 

high-performance materials, no such policy and program evolution has occurred in the United States; 

ø(6) establishing critical materials reserves, by both the public and private sectors and with proper organization and management, represents one means of responding to the genuine 

risks to our economy and national defense from dependency on 

foreign sources; 

ø(7) there exists no single Federal entity with the authority 

and responsibility for establishing critical materials policy and 

for coordinating and implementing that policy; and 

ø(8) the importance of materials to national goals requires 

an organizational means for establishing responsibilities for 

materials programs and for the coordination, within and at a 

suitably high level of the Executive Office of the President, 

with other existing policies within the Federal Government. 

ø(b) It is the purpose of this title— 

ø(1) to establish a National Critical Materials Council under 

and reporting to the Executive Office of the President which 

shall— 

ø(A) establish responsibilities for and provide for necessary coordination of critical materials policies, including 

all facets of research and technology, among the various 

agencies and departments of the Federal Government, and 

make recommendations for the implementation of such 

policies; 

ø(B) bring to the attention of the President, the Congress, and the general public such materials issues and 

concerns, including research and development, as are 

deemed critical to the economic and strategic health of the 

Nation; and 

ø(C) ensure adequate and continuing consultation with 

the private sector concerning critical materials, materials 

research and development, use of materials, Federal materials policies, and related matters; 

ø(2) to establish a national Federal program for advanced 

materials research and technology, including basic phenomena 

through processing and manufacturing technology; and 

ø(3) to stimulate innovation and technology utilization in 

basic as well as advanced materials industries. 

øESTABLISHMENT OF THE NATIONAL CRITICAL 

MATERIALS COUNCIL 

øSEC. 203. There is hereby established a National Critical Materials Council (hereinafter referred to as the ‘‘Council’’) under and 

reporting to the Executive Office of the President. The Council 

shall be composed of three members who shall be appointed by the 

President and who shall serve at the pleasure of the President. 

Members so appointed who are not already Senate-confirmed officers of the Government shall be appointed by and with the advice 

and consent of the Senate. The President shall designate one of the 

members to serve as Chairman. Each member shall be a person 

who, as a result of training, experience, and achievement, is qualified to carry out the duties and functions of the Council, with parVerDate Sep 11 2014 04:07 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00207 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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ticular emphasis placed on fields relating to materials policy or materials science and engineering. In addition, at least one of the 

members shall have a background in and understanding of environmentally related issues. 

øRESPONSIBILITIES AND AUTHORITIES OF THE COUNCIL 

øSEC. 204. (a) It shall be the primary responsibility of the Council— 

ø(1) to assist and advise the President in establishing coherent national materials policies consistent with other Federal 

policies, and making recommendations necessary to implement 

such policies; 

ø(2) to assist in establishing responsibilities for, and to coordinate, Federal materials-related policies, programs, and research and technology activities, as well as recommending to 

the Office of Management and Budget budget priorities for materials activities in each of the Federal departments and agencies; 

ø(3) to review and appraise the various programs and activities of the Federal Government in accordance with the policy 

and directions given in the National Materials and Minerals 

Policy, Research and Development Act of 1980 (30 U.S.C. 

1601), and to determine the extent to which such programs 

and activities are contributing to the achievement of such policy and directions; 

ø(4) to monitor and evaluate the critical materials needs of 

basic and advanced technology industries and the Government, 

including the critical materials research and development 

needs of the private and public sectors; 

ø(5) to advise the President of mineral and material [materials] trends, both domestic and foreign, the implications thereof for the United States and world economies and the national 

security, and the probable effects of such trends on domestic 

industries; 

ø(6) to assess through consultation with the materials academic community the adequacy and quality of materials-related educational institutions and the supply of materials scientists and engineers; 

ø(7) to make or furnish such studies, analyses, reports, and 

recommendations with respect to matters of materials-related 

policy and legislation as the President may request; 

ø(8) (A) to prepare a report providing a domestic inventory 

of critical materials with projections on the prospective needs 

of Government and industry for these materials, including a 

long-range assessment, prepared in conjunction with the Office 

of Science and Technology Policy in accordance with the National Materials and Minerals Policy, Research and Development Act of 1980, and in conjunction with such other Government departments or agencies as may be considered necessary, 

of the prospective major critical materials problems which the 

United States is likely to confront in the immediate years 

ahead and providing advice as to how these problems may best 

be addressed, with the first such report being due on April 1, 

1985, and (B) review and update such report and assessment 


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as appropriate and report thereon to the Congress at least biennially; and 

ø(9) to recommend to the Congress such changes in current 

policies, activities, and regulations of the Federal Government, 

and such legislation, as may be considered necessary to carry 

out the intent of this title and the National Materials and Minerals Policy, Research and Development Act of 1980 . 

ø(b) In carrying out its responsibilities under this section the 

Council shall have the authority— 

ø(1) to establish such special advisory panels as it considers 

necessary, with each such panel consisting of representatives 

of industry, academia, and other members of the private sector, 

not to exceed ten members, and being limited in scope of subject and duration; and 

ø(2) to establish and convene such Federal interagency committees as it considers necessary in carrying out the intent of 

this title. 

ø(c) In seeking to achieve the goals of this title and related Acts, 

the Council and other Federal departments and agencies with responsibilities or jurisdiction related to materials or materials policy, including the National Security Council, the Council on Environmental Quality, the Office of Management and Budget, and the 

Office of Science and Technology Policy, shall work collaboratively 

and in close cooperation. 

øPROGRAM AND POLICY FOR ADVANCED MATERIALS 

RESEARCH AND TECHNOLOGY 

øSEC. 205.(a) In addition to the responsibilities described in section 204, the Council shall be responsible for coordination with appropriate agencies and departments of the Federal Government relative to Federal materials research and development policies and 

programs. Such policies and programs shall be consistent with the 

policies and goals described in the National Materials and Minerals 

Policy, Research and Development Act of 1980. In carrying out this 

responsibility the Council shall— 

ø(1) (A) establish a national Federal program plan for advanced materials research and development, recommend the 

designation of the key responsibilities for carrying out such research, and to provide [and provide] for coordination of this 

plan with the Office of Science and Technology Policy, the Office of Management and Budget, and such other Federal offices 

and agencies as may be deemed appropriate, and (B) annually 

review such plan and report thereon to the Congress; 

ø(2) review annually the materials research, development, 

and technology authorization requests and budgets of all Federal agencies and departments; and in this activity the Council 

shall make recommendations, in cooperation with the Office of 

Science and Technology Policy, the Office of Management and 

Budget, and all other Federal offices and agencies deemed appropriate, to ensure close coordination of the goals and directions of such programs with the policies determined by the 

Council; and 

ø(3) assist the Office of Science and Technology Policy in the 

preparation of such long-range materials assessments and reports as may be required by the National Materials and MinVerDate Sep 11 2014 04:58 Sep 19, 2015 Jkt 049010 PO 00000 Frm 00209 Fmt 6659 Sfmt 6602 E:\HR\OC\SR138.XXX SR138

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erals Policy, Research and Development Act of 1980, and assist 

other Federal entities in the preparation of analyses and reporting relating to critical and advanced materials. 

ø(b) The Office of Management and Budget, in reviewing the materials research, development, and technology authorization requests of the various Federal departments and agencies for any fiscal year, and the recommendations of the Council, shall consider all 

of such requests and recommendations as an integrated, coherent, 

multiagency request which shall be reviewed by the Office of Management and Budget for its adherence to the national Federal materials program plan in effect for such fiscal year under subsection 

(a). 

øINNOVATION IN BASIC AND ADVANCED MATERIALS 

INDUSTRIES 

øSEC. 206. (a)(1) In order to promote the use of more cost-effective, advanced technology and other means of providing for innovation and increased productivity within the basic and advanced materials industries, the Council shall evaluate and make recommendations regarding the establishment of Centers for Industrial Technology as provided in Public Law 96–480(15 U.S.C. 3705). 

ø(2) The activities of such Centers shall focus on, but not be limited to, the following generic materials areas: corrosion; welding 

and joining of materials; advanced processing and fabrication technologies; microfabrication; and fracture and fatigue. 

ø(b) In order to promote better use and innovation of materials 

in design for improved safety or efficiency, the Council shall establish in cooperation with the appropriate Federal agencies and private industry, an effective mechanism for disseminating materials 

property data in an efficient and timely manner. In carrying out 

this responsibility, the Council shall consider, where appropriate, 

the establishment of a computerized system taking into account, to 

the maximum extent practicable, existing available resources. 

øCOMPENSATION OF MEMBERS AND REIMBURSEMENTS 

øSEC. 207. (a) The Chairman of the Council, if not otherwise a 

paid officer or employee of the Federal Government, shall be paid 

at the rate not to exceed the rate of basic pay provided for level 

II of the Executive Schedule. The other members of the Council, if 

not otherwise paid officers or employees of the Federal Government, shall be paid at a per diem rate comparable to the rate not 

to exceed the rate of basic pay provided for level III of the Executive Schedule. 

ø(b) Subject to existing law and regulations governing conflicts of 

interest, the Council may accept reimbursement from any private 

nonprofit organization or from any department, agency, or instrumentality of the Federal Government, from any State or local government, for reasonable travel expenses incurred by any member 

or employee of the Council in connection with such member’s or 

employee’s attendance at any conference, seminar, or similar meeting. 


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øPOSITION AND AUTHORITIES OF EXECUTIVE DIRECTOR 

øSEC. 208. (a) There shall be an Executive Director (hereinafter 

referred to as the ‘‘Director’’), who shall be chief administrator of 

the Council. The Director shall be appointed by the Council full 

time and shall be paid at the rate not to exceed the rate of basic 

pay provided for level III of the Executive Schedule. 

ø(b) Personnel and services of experts and consultants; rules and 

regulations. The Director is authorized— 

ø(1) to employ such personnel as may be necessary for the 

Council to carry out its duties and functions under this title, 

but not to exceed twelve compensated employees; 

ø(2) to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United 

States Code; and 

ø(3) to develop, subject to approval by the Council, rules and 

regulations necessary to carry out the purposes of this title. 

ø(c) In exercising his responsibilities and duties under this title, 

the Director— 

ø(1) may consult with representatives of academia, industry, 

labor, State and local governments, and other groups; and 

ø(2) shall utilize to the fullest extent possible the services, 

facilities, and information (including statistical information) of 

public and private agencies, organizations, and individuals. 

ø(d) Notwithstanding section 367(b) of the Revised Statutes (31 

U.S.C. 665(b)), the Council may utilize voluntary and uncompensated labor and services in carrying out its duties and functions. 

øRESPONSIBILITIES AND DUTIES OF THE DIRECTOR 

øSEC. 209. In carrying out his functions the Director shall assist 

and advise the Council on policies and programs of the Federal 

Government affecting critical and advanced materials by— 

ø(1) providing the professional and administrative staff and 

support for the Council; 

ø(2) assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, 

programs, policies, and activities of the Federal Government, 

including research and development, which affect critical materials availability and needs; 

ø(3) cataloging, as fully as possible, research and development activities of the Government, private industry, and public 

and private institutions; and 

ø(4) initiating Government and private studies and analyses, 

including those to be conducted by or under the auspices of the 

Council, designed to advance knowledge of critical or advanced 

materials issues and develop alternative proposals, including 

research and development, to resolve national critical materials problems. 

øAUTHORITY 

øSEC. 210. The Council is authorized— 

ø(1) to establish such internal rules and regulations as may 

be necessary for its operation; 


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212 

ø(2) to enter into contracts and acquire materials and supplies necessary for its operation to such extent or in such 

amounts as are provided for in appropriation Acts; 

ø(3) to publish, consistent with title 44 of the United States 

Code ø44 USCS §§ 101 et seq.¿, or arrange to publish critical 

materials information that it deems to be useful to the public 

and private industry to the extent that such publication is consistent with the national defense and economic interest; 

ø(4) to utilize such services or personnel as may be provided 

to the Council on a nonreimbursable basis by any agency of the 

United States; and 

ø(5) to exercise such authorities as may be necessary and incidental to carrying out its responsibilities and duties under 

this title. 

øAUTHORIZATION OF APPROPRIATIONS 

øSEC. 211. There are hereby authorized to be appropriated to 

carry out the provisions of this title a sum not to exceed $ 500,000 

for the fiscal year ending September 30, 1985, and such sums as 

may be necessary thereafter: Provided, That the authority provided 

for in this title shall expire on September 30, 1992, unless otherwise authorized by Congress. 

øDEFINITION 

øSEC. 212. As used in this title, the term ‘‘materials’’ has the 

meaning given it by section 2(b) of the National Materials and Minerals Policy, Research and Development Act of 1980.¿ 

* * * * * * * 

NATIONAL ENERGY CONSERVATION POLICY 

ACT 

Public Law 95–619, as amended 

* * * * * * * 

SEC. 101. SHORT TITLE AND TABLE OF CONTENTS. 

* * * * * * * 

TITLE II—RESIDENTIAL ENERGY CONSERVATION 

* * * * * * * 

PART 4—MISCELLANEOUS 

Sec. 251. Energy-conserving improvements for assisted housing. 

Sec. 252. Energy conserving standards for newly constructed residential housing 

insured by Federal Housing Administration or assisted by Farmers 

Home Administration. 

øSec. 253. Residential energy efficiency standards study.¿ 

øSec. 254. Weatherization study.¿ 

Sec. 255. Authorization for appropriations for new building performance standards 

grants. 

* * * * * * * 

PART 6—RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES 

Sec. 271. Voluntary rating guidelines. 


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Sec. 272. Technical assistance. 

øSec. 273. Report.¿ 

* * * * * * * 

TITLE V—FEDERAL ENERGY INITIATIVES 

* * * * * * * 

PART 3—FEDERAL ENERGY MANAGEMENT 

Sec. 541. Findings. 

Sec. 542. Purpose. 

Sec. 543. Energy management requirements. 

Sec. 544. Establishment and use of life cycle cost methods and procedures. 

Sec. 545. Budget treatment of energy conservation measures. 

Sec. 546. Incentives for agencies. 

Sec. 547. Interagency Energy Management Task Force. 

Sec. 548. Reports. 

Sec. 549. Demonstration of new technology. 

øSec. 550. Survey of energy saving potential.¿ 

Sec. 551. Definitions. 

Sec. 552. Energy and water savings measures in congressional buildings. 

Sec. 553. Federal procurement of energy efficient products 

øPART 4—FEDERAL PHOTOVOLTAIC UTILIZATION¿ 

øSec. 561. Short title of part.¿ 

øSec. 562. Definitions.¿ 

øSec. 563. Photovoltaic energy program. 

øSec. 564. Purpose of program.¿ 

øSec. 565. Acquisition of systems.¿ 

øSec. 566. Administration.¿ 

øSec. 567. System evaluation and purchase program.¿ 

øSec. 568. Advisory committee.¿ 

øSec. 569. Authorization of appropriations.¿ 

øSec. 570. Use of photovoltaic energy in public buildings.¿ 

øPART 5—PEAK DEMAND REDUCTION¿ 

øSec. 571. National Action Plan for Demand Response.¿ 

* * * * * * * 

øSEC. 253. RESIDENTIAL ENERGY EFFICIENCY STANDARDS STUDY. 

ø(a) GENERAL AUTHORITY.—The Secretary of Housing and Urban 

Development (hereinafter in this section referred to as the ‘‘Secretary’’) shall, in coordination with the Secretary of Agriculture, the 

Secretary of the Treasury, the Secretary of Veterans Affairs, the 

Secretary of Energy, and such other representatives of Federal, 

State, and local governments as the Secretary shall designate, conduct a study, utilizing the services of the National Institute of 

Building Sciences pursuant to appropriate contractual arrangements, for the purpose of determining the need for, the feasibility 

of, and the problems of requiring, by mandatory Federal action, 

that all residential dwelling units meet applicable energy efficient 

standards. The subjects to be examined shall include, but not be 

limited to, mandatory notification to purchasers, and policies to 

prohibit exchange or sale, of properties which do not conform to 

such standards. 

ø(b) SPECIFIC FACTORS.—In conducting such study, the Secretary 

shall consider at least the following factors— 

ø(1) the extent to which such requirement would protect a 

prospective purchaser from the uncertainty of not knowing the 

energy efficiency of the property he proposes to purchase; 

ø(2) the extent to which such requirement would contribute 

to the Nation’s energy conservation goals; 


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ø(3) the extent to which such a requirement would affect the 

real estate, home building, and mortgage banking industries; 

ø(4) the sanctions which might be necessary to make such a 

requirement effective and the administrative impediments 

there might be to enforcement of such sanctions; 

ø(5) the possible impact on sellers and purchasers as a result 

of the implementation of mandatory Federal actions, taking 

into account the experience of the Federal Government in imposing mandatory requirements concerning the purchase and 

sale of real property as occurred under the Real Estate Settlement Procedures Act of 1974 and the Federal Disaster Protection Act of 1973; 

ø(6) an analysis of the effect of such a requirement on the 

economy as a whole and on the Nation’s security as compared 

to the impact on the credit and housing markets caused by 

such a requirement; 

ø(7) the effect of such a requirement on availability of credit 

in the housing industry; 

ø(8) the extent to which the imposition of mandatory Federal 

requirements would temporarily reduce the number of residential dwellings available for sale and the resulting effect of such 

mandatory actions on the price of those remaining dwelling 

units eligible for sale; and 

ø(9) the possible uncertainty, during the period of developing 

the standards, as to what standards might be imposed and any 

resulting effect on major housing rehabilitation efforts and voluntary efforts for energy conservation. 

ø(c) COMMENTS AND FINDINGS BY SECRETARY OF ENERGY.—The 

Secretary shall incorporate into such study comments by the Secretary of Energy on the effects on the economy as a whole and on 

the Nation’s security which may result from the requirement described in subsection (a) as compared to the impact on the credit 

and housing markets likely to be caused by such a requirement. In 

addition, the Secretary shall incorporate into such study the following findings by the Secretary of Energy: 

ø(1) the savings in energy costs resulting from the requirement described in subsection (a) throughout the estimated remaining useful life of the existing residential buildings to 

which such requirement would apply; and 

ø(2) the total cost per barrel of oil equivalent, in obtaining 

the energy savings likely to result from such requirement, computed for each class of existing residential buildings to which 

such requirement would apply. 

ø(d) REPORT DATE.—The Secretary shall report, no later than one 

year after the date of enactment of this section, to both Houses of 

the Congress with regard to the findings made as a result of such 

study along with any recommendations for legislative proposals 

which the Secretary determines should be enacted with respect to 

the subject of such study.¿ 

øSEC. 254. WEATHERIZATION STUDY. 

øThe President shall conduct a study which shall monitor the 

weatherization activities authorized by this Act and amendments 

made thereby and those weatherization activities undertaken, independently of this Act and such amendments. The President shall 


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report to the Congress within one year from the date of enactment 

of this Act, and annually thereafter, concerning— 

ø(1) the extent of progress being made through weatherization activities toward the achievement of national energy conservation goals; 

ø(2) adequacy and costs of materials necessary for weatherization activities; and 

ø(3) the need for and desirability of modifying weatherization 

activities authorized by this Act, and amendments made thereby and of extending such activities to a broader range of income groups than are being assisted under this Act and such 

amendments.¿ 

* * * * * * * 

øSEC. 273. REPORT. 

øNot later than 3 years after the date of the enactment of the 

Energy Policy Act of 1992, the Secretary shall transmit to the 

President and the Congress a final report containing— 

ø(1) a description of actions taken by the Secretary and other 

Federal agencies to implement this part; 

ø(2) a description of the action taken by States, local governments, and other organizations to implement the voluntary 

guidelines issued under section 271 and any problems encountered in implementing such guidelines; and 

ø(3) recommendations on the feasibility of requiring, as a 

prerequisite to receiving federally assisted, guaranteed, or insured mortgages, the achievement of a minimum energy efficiency rating.¿ 

* * * * * * * 

SEC. 543. ENERGY MANAGEMENT REQUIREMENTS. 

* * * * * * * 

(d) IMPLEMENTATION STEPS.—The Secretary shall consult with 

the Secretary of Defense and the Administrator of General Services 

in developing guidelines for the implementation of this part. To 

meet the requirements of this section, each agency shall— 

(1) prepare and submit to the Secretary, not later than December 31, 1993, a plan describing how the agency intends to 

meet such requirements, including how it will— 

(A) designate personnel primarily responsible for achieving such requirements; 

(B) identify high priority projects through calculation of 

payback periods; 

(C) take maximum advantage of contracts authorized 

under title VIII of this Act, of financial incentives and 

other services provided by utilities for efficiency investment, and of other forms of financing to reduce the direct 

costs to the Government; and 

(D) otherwise implement this part; 

(2) perform energy surveys of its Federal buildings to the extent necessary and update such surveys as neededø, incorporating any relevant information obtained from the survey 

conducted pursuant to section 550¿; 


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(3) using such surveys, determine the cost and payback period of energy and water conservation measures likely to 

achieve the requirements of this section; 

(4) install energy and water conservation measures that will 

achieve the requirements of this section through the methods 

and procedures established pursuant to section 544; and 

(5) ensure that the operation and maintenance procedures 

applied under this section are continued. 

* * * * * * * 

(f) USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL BUILDINGS.— 

* * * * * * * 

(4) IMPLEMENTATION OF IDENTIFIED ENERGY AND WATER EFFI- CIENCY MEASURES.—øNot later than¿ 

(A) IN GENERAL.—Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager may— 

ø(A)¿(i) implement any energy- or water-saving 

measure that the Federal agency identified in the 

evaluation conducted under paragraph (3) that is life 

cycle cost-effective; and 

ø(B)¿(ii) bundle individual measures of varying paybacks together into combined projects. 

(B) MEASURES NOT IMPLEMENTED.—Each energy manager, 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. 

* * * * * * * 

(h) FEDERAL IMPLEMENTATION STRATEGY FOR ENERGY-EFFICIENT

AND ENERGY-SAVING INFORMATION TECHNOLOGIES.— 

(1) DEFINITIONS.—In this subsection: 

(A) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the Office of Management and Budget. 

(B) INFORMATION TECHNOLOGY.—The term ‘‘information 

technology’’ has the meaning given the term in section 

11101 of title 40, United States Code. 

(2) DEVELOPMENT OF IMPLEMENTATION STRATEGY.—Not later 

than 1 year after the date of enactment of this subsection, each 

Federal agency shall collaborate with the Director to develop an 

implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies. 

(3) ADMINISTRATION.—In developing an implementation strategy, each Federal agency shall consider— 

(A) advanced metering infrastructure; 

(B) energy efficient data center strategies and methods of 

increasing asset and infrastructure utilization; 

(C) advanced power management tools; 

(D) building information modeling, including building 

energy management; and 


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(E) secure telework and travel substitution tools. 

(4) PERFORMANCE GOALS.— 

(A) IN GENERAL.—Not later than September 30, 2015, the 

Director, in consultation with the Secretary, shall establish 

performance goals for evaluating the efforts of Federal 

agencies in improving the maintenance, purchase, and use 

of energy-efficient and energy-saving information technology systems. 

(B) BEST PRACTICES.—The Chief Information Officers 

Council established under section 3603 of title 44, United 

States Code, shall supplement the performance goals established under this paragraph with recommendations on best 

practices for the attainment of the performance goals, to include a requirement for agencies to consider the use of— 

(i) energy savings performance contracting; and 

(ii) utility energy services contracting. 

(5) REPORTS.— 

(A) AGENCY REPORTS.—Each Federal agency subject to 

the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17143) a description of the efforts and results of the agency under this 

subsection. 

(B) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS.—Effective beginning not later than October 1, 2015, 

the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 (42 U.S.C. 

17144) a description of the efforts and results of Federal 

agencies under this subsection. 

(C) USE OF EXISTING REPORTING STRUCTURES.—The Director may require Federal agencies to submit any information required to be submitted under this subsection though 

reporting structures in use as of the date of enactment of 

the Energy Policy Modernization Act of 2015. 

* * * * * * * 

SEC. 546. INCENTIVES FOR AGENCIES. 

* * * * * * * 

(f) UTILITY ENERGY SERVICE CONTRACTS.— 

(1) IN GENERAL.—Each Federal agency may use, to the maximum extent practicable, measures provided by law to meet energy efficiency and conservation mandates and laws, including 

through utility energy service contracts. 

(2) CONTRACT PERIOD.—The term of a utility energy service 

contract entered into by a Federal agency may have a contract 

period that extends beyond 10 years, but not to exceed 25 years. 

(3) REQUIREMENTS.—The conditions of a utility energy service 

contract entered into by a Federal agency shall include requirements for measurement, verification, and performance assurances or guarantees of the savings. 

* * * * * * * 


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SEC. 548. REPORTS. 

* * * * * * * 

(b) REPORTS TO THE PRESIDENT AND CONGRESS.—The Secretary 

shall report, not later than April 2 of each year, with respect to 

each fiscal year beginning after the date of the enactment of this 

subsection, to the President and Congress— 

(1) on all activities carried out under this part and on the 

progress made toward achievement of the objectives of this 

part, including— 

(A) a copy of the list of the exclusions made under sections 543(a)(2) and 543(c)(3); 

(B) the information required under section 543(b)(2); and 

(C) a statement detailing the amount of funds awarded 

to each agency under section 546(b), the energy and water 

conservation measures installed with such funds, the projected energy and water savings to be realized from installed measures, and, for each installed measure for 

which the projected energy and water savings reported in 

the previous year were not realized, the percentage of such 

projected savings that was not realized, the reasons such 

savings were not realized, and proposals for, and projected 

costs of, achieving such projected savings in the future; 

(2) the number of contracts entered into by all agencies 

under title VIII of this Act, the difficulties (if any) encountered 

in attempting to enter into such contracts, and proposed solutions to those difficulties; 

(3) the extent and nature of interagency exchange of information concerning the conservation and efficient utilization of 

energy; øand¿ 

(4) the information required under section 161(d) of the Energy Policy Act of 1992ø.¿; and 

(5)(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. 

* * * * * * * 

øSEC. 550. SURVEY OF ENERGY SAVING POTENTIAL. 

ø(a) IN GENERAL.—The Secretary shall, in consultation with the 

Interagency Energy Management Task Force established under 

section 547, carry out an energy survey for the purposes of— 

ø(1) determining the maximum potential cost effective energy savings that may be achieved in a representative sample 

of buildings owned or leased by the Federal Government in different areas of the country; 

ø(2) making recommendations for cost effective energy efficiency and renewable energy improvements in those buildings 

and in other similar Federal buildings; and 


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ø(3) identifying barriers which may prevent an agency’s ability to comply with section 543 and other energy management 

goals. 

ø(b) IMPLEMENTATION.—(1) The Secretary shall transmit to the 

Committee on Energy and Natural Resources and the Committee 

on Governmental Affairs of the Senate and the Committee on Energy and Commerce, the Committee on Government Operations, 

and the Committee on Public Works and Transportation of the 

House of Representatives, within 180 days after the date of the enactment of the Energy Policy Act of 1992, a plan for implementing 

this section. 

ø(2) The Secretary shall designate buildings to be surveyed in 

the project so as to obtain a sample of the buildings of the types 

and in the climates that is representative of buildings owned or 

leased by Federal agencies in the United States that consume the 

major portion of the energy consumed in Federal buildings. Such 

sample shall include, where appropriate, the following types of Federal facility space: 

ø(A) Housing. 

ø(B) Storage. 

ø(C) Office. 

ø(D) Services. 

ø(E) Schools. 

ø(F) Research and Development. 

ø(G) Industrial. 

ø(H) Prisons. 

ø(I) Hospitals. 

ø(3) For purposes of this section, an improvement shall be considered cost effective if the cost of the energy saved or displaced by 

the improvement exceeds the cost of the improvement over the remaining life of a Federal building or the remaining term of a lease 

of a building leased by the Federal Government as determined by 

the life cycle costing methodology developed under section 544. 

ø(c) PERSONNEL.—(1) In carrying out this section, the Secretary 

shall utilize personnel who are— 

ø(A) employees of the Department of Energy; or 

ø(B) selected by the agencies utilizing the buildings which are 

being surveyed under this section. 

ø(2) Such personnel shall be detailed for the purpose of carrying 

out this section without any reduction of salary or benefits. 

ø(d) REPORT.—As soon as practicable after the completion of the 

project carried out under this section, the Secretary shall transmit 

a report of the findings and conclusions of the project to the Committee on Energy and Natural Resources and the Committee on 

Governmental Affairs of the Senate, the Committee on Energy and 

Commerce, the Committee on Government Operations, and the 

Committee on Public Works and Transportation of the House of 

Representatives, and the agencies who own the buildings involved 

in such project. Such report shall include an analysis of the probability of each agency achieving each of the energy reduction goals 

established under section 543(a).¿ 

* * * * * * * 

SEC. 551. DEFINITIONS. 

* * * * * * * 


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(4) the term ‘‘energy conservation measures’’ means measures 

that are applied to a Federal building that improve energy efficiency and are life cycle cost effective and that involve energy 

conservation, cogeneration facilities, renewable energy sources, 

improvements in operations and maintenance efficiencies, øor 

retrofit activities¿ retrofit activities, or energy consuming devices and required support structures; 

* * * * * * * 

(6) the term ‘‘Federal building’’ means any building, structure, 

or facility, or part thereof, including the associated energy consuming support systems, which is constructed, renovated, 

leased, or purchased in whole or in part for use by the Federal 

Government and which consumes energy; such term also 

means a collection of such buildings, structures, or facilities 

and the energy consuming support systems for such 

collectionø;¿ the term does not include a dam, reservoir, or hydropower facility owned or operated by a Federal agency. 

* * * * * * * 

øPART 4—FEDERAL PHOTOVOLTAIC UTILIZATION 

øSEC. 561. SHORT TITLE OF PART. 

øThis part may be cited as the ‘‘Federal Photovoltaic Utilization 

Act’’. 

øSEC. 562. DEFINITIONS. 

øFor purposes of this part— 

ø(1) The term ‘‘Federal facility’’ means any building, structure, or fixture or part thereof which is owned by the United 

States or any Federal agency or which is held by the United 

States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will 

receive fee simple title under the terms of such agreement 

without further negotiation. Such term also applies to facilities 

related to programs administered by Federal agencies. 

ø(2) The term ‘‘Secretary’’ means the Secretary of Energy. 

øSEC. 563. PHOTOVOLTAIC ENERGY PROGRAM. 

øThere is hereby established a photovoltaic energy commercialization program for the accelerated procurement and installation of photovoltaic solar electric systems for electric production in 

Federal facilities. 

øSEC. 564. PURPOSE OF PROGRAM. 

øThe purpose of the program established by section 563 is to— 

ø(1) accelerate the growth of a commercially viable and competitive industry to make photovoltaic solar electric systems 

available to the general public as an option in order to reduce 

national consumption of fossil fuel; 

ø(2) reduce fossil fuel costs to the Federal Government; 

ø(3) stimulate the general use within the Federal Government of methods for the minimization of life cycle costs; and 

ø(4) develop performance data on the program established by 

section 563. 


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øSEC. 565. ACQUISITION OF SYSTEMS. 

øThe program established by section 563 shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability by the Secretary for their use by Federal agencies, 

and for the acquisition of such systems and associated capability by 

Federal agencies for their own use in cases where the authority to 

make such acquisition has been delegated to the agency involved 

by the Secretary. The acquisition of photovoltaic solar electric systems shall be at an annual level substantial enough to allow use 

of low-cost production techniques by suppliers of such systems. The 

Secretary (or other Federal agency acting under delegation from 

the Secretary) is authorized to make such acquisitions through the 

use of multiyear contracts. Authority under this part to enter into 

acquisition contracts shall be only to the extent as may be provided 

in advance in appropriation Acts. 

øSEC. 566. ADMINISTRATION. 

øThe Secretary shall administer the program established under 

section 563 and shall— 

ø(1) consult with the Secretary of Defense to insure that the 

installation and purchase of photovoltaic solar electric systems 

pursuant to this part shall not interfere with defense-related 

activities; 

ø(2) prescribe such requirements as may be appropriate to 

monitor and assess the performance and operation of photovoltaic electric systems installed pursuant to this part; and 

ø(3) report annually to the Congress on the status of the program. 

øNotwithstanding any other provision of law, the Secretary shall 

not be subject to the requirements of section 553 of title 5, United 

States Code, in the performance of his functions under this part. 

øSEC. 567. SYSTEM EVALUATION AND PURCHASE PROGRAM. 

ø(a) PROGRAM.—The Secretary shall establish, within 60 days 

after the date of the enactment of this part, a photovoltaic systems 

evaluation and purchase program to provide such systems as are 

required by the Federal agencies to carry out this part. In acquiring photovoltaic solar electric systems under this part, the Secretary (or other Federal agency acting under delegation from the 

Secretary) shall insure that such systems reflect to the maximum 

extent practicable the most advanced and reliable technologies and 

shall schedule purchases in a manner which will stimulate the 

early development of a permanent low-cost private photovoltaic 

production capability in the United States, and to stimulate the 

private sector market for photovoltaic power systems. The Secretary and other Federal agencies acting under delegation from the 

Secretary shall, subject to the availability of appropriated funds, 

procure not more than 30 megawatts of photovoltaic solar electric 

systems during fiscal years ending September 30, 1979, September 

30, 1980, and September 30, 1981. 

ø(b) OTHER PROCUREMENT.—Nothing in this part shall preclude 

any Federal agency from directly procuring a photovoltaic solar 

electric system (in lieu of obtaining one under the program under 

subsection (a)), except that any such Federal agency shall consult 

with the Secretary before procuring such a system. 


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øSEC. 568. ADVISORY COMMITTEE. 

ø(a) ESTABLISHMENT.—There is hereby established an advisory 

committee to assist the Secretary in the establishment and conduct 

of the programs established under this part. 

ø(b) MEMBERSHIP.—Such committee shall be composed of the 

Secretary of Defense, the Secretary of Housing and Urban Development, the Administrator of the National Aeronautics and Space Administration, the Administrator of the General Services Administration, the Secretary of Transportation, the Administrator of the 

Small Business Administration, the chairman of the Federal Trade 

Commission, the Postmaster General, and such other persons as 

the Secretary deems necessary. The Secretary shall appoint such 

other nongovernmental persons to the extent necessary to assure 

that the membership of the committee will be fairly balanced in 

terms of the point of view represented and the functions to be performed by the committee. 

ø(c) TERMINATION.—The advisory committee shall terminate October 1, 1981. 

øSEC. 569. AUTHORIZATION OF APPROPRIATIONS. 

øFor the purposes of this part, there is authorized to be appropriated to the Secretary not to exceed $98,000,000, for the period 

beginning October 1, 1978, and ending September 30, 1981.¿ 

øPART 5—PEAK DEMAND REDUCTION 

øSEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE. 

ø(a) NATIONAL ASSESSMENT AND REPORT.—The Federal Energy 

Regulatory Commission (‘‘Commission’’) shall conduct a National 

Assessment of Demand Response. The Commission shall, within 18 

months of the date of enactment of this part, submit a report to 

Congress that includes each of the following: 

ø(1) Estimation of nationwide demand response potential in 

5 and 10 year horizons, including data on a State-by-State 

basis, and a methodology for updates of such estimates on an 

annual basis. 

ø(2) Estimation of how much of this potential can be 

achieved within 5 and 10 years after the enactment of this part 

accompanied by specific policy recommendations that if implemented can achieve the estimated potential. Such recommendations shall include options for funding and/or incentives for the development of demand response resources. 

ø(3) The Commission shall further note any barriers to demand response programs offering flexible, non-discriminatory, 

and fairly compensatory terms for the services and benefits 

made available, and shall provide recommendations for overcoming such barriers. 

ø(4) The Commission shall seek to take advantage of preexisting research and ongoing work, and shall insure that 

there is no duplication of effort. 

ø(b) NATIONAL ACTION PLAN ON DEMAND RESPONSE.—The Commission shall further develop a National Action Plan on Demand 

Response, soliciting and accepting input and participation from a 

broad range of industry stakeholders, State regulatory utility commissioners, and non-governmental groups. The Commission shall 

seek consensus where possible, and decide on optimum solutions to 


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issues that defy consensus. Such Plan shall be completed within 1 

year after the completion of the National Assessment of Demand 

Response, and shall meet each of the following objectives: 

ø(1) Identification of requirements for technical assistance to 

States to allow them to maximize the amount of demand response resources that can be developed and deployed. 

ø(2) Design and identification of requirements for implementation of a national communications program that includes 

broad-based customer education and support. 

ø(3) Development or identification of analytical tools, information, model regulatory provisions, model contracts, and 

other support materials for use by customers, States, utilities 

and demand response providers. 

ø(c) Upon completion, the National Action Plan on Demand Response shall be published, together with any favorable and dissenting comments submitted by participants in its preparation. Six 

months after publication, the Commission, together with the Secretary of Energy, shall submit to Congress a proposal to implement 

the Action Plan, including specific proposed assignments of responsibility, proposed budget amounts, and any agreements secured for 

participation from State and other participants. 

ø(d) AUTHORIZATION.—There are authorized to be appropriated to 

the Commission to carry out this section not more than 

$10,000,000 for each of the fiscal years 2008, 2009, and 2010.¿ 

* * * * * * * 

TITLE VIII—ENERGY SAVINGS PERFORMANCE 

CONTRACTS 

SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS. 

(a) IN GENERAL.—(1) * * * 

(2)(A) * * * 

* * * * * * * 

(F) PROMOTION OF CONTRACTS.—In carrying out this section, a 

Federal agency shall not— 

(i) establish a Federal agency policy that limits the maximum contract term under subparagraph (D) to a period shorter than 25 years; øor¿ 

(ii) limit the total amount of obligations under energy savings performance contracts or other private financing of energy 

savings measuresø.¿; or 

(iii) 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. 

* * * * * * * 

(H) MISCELLANEOUS AUTHORITY.—Notwithstanding any other 

provision of law, a Federal agency may sell or transfer energy savings and apply the proceeds of the sale or transfer to fund a contract under this title. 


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SEC. 802. PAYMENT OF COSTS. 

Any amount paid by a Federal agency pursuant to any contract 

entered into under this title may be paid only from funds appropriated or otherwise made available to the agency for fiscal year 

1986 or any fiscal year thereafter for the payment of energy, water, 

or wastewater treatment expenses, including related operations 

and maintenance expenses ø(and related operation and maintenance expenses)¿. 

* * * * * * * 

SEC. 804. DEFINITIONS. 

* * * * * * * 

(2) The term ‘‘energy savings’’ means— 

(A) a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a 

methodology set forth in the contract, used in an existing 

øfederally owned building or buildings or other federally 

owned facilities¿ Federal building (as defined in section 

551) as a result of— 

(i) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or 

technical services; 

(ii) the increased efficient use of existing energy 

sources by cogeneration or heat recovery, excluding 

any cogeneration process for other than a øfederally 

owned building or buildings or other federally owned 

facilities¿ Federal building (as defined in section 551); 

or 

(iii) the increased efficient use of existing water 

sources in either interior or exterior applications; 

(B) the increased efficient use of an existing energy 

source by cogeneration or heat recovery; 

(C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or 

thermal energy generated on-site from renewable energy 

sources or cogeneration, but in excess of Federal needs, to 

utilities or non-Federal energy usersø; and¿; 

(D) the increased efficient use of existing water sources 

in interior or exterior applicationsø.¿; 

(E) the use, sale, or transfer of energy incentives, rebates, 

or credits (including renewable energy credits) from Federal, State, or local governments or utilities; and 

(F) 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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NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 

1980 

Public Law 96–479, as amended 

* * * * * * * 

FINDINGS 

SEC. 2. (a) The Congress finds that—* * * 

* * * * * * * 

ø(b) As used in this Act¿ 

(b) DEFINITIONS.—In this Act: 

(1) CRITICAL MINERAL.—The term ‘‘critical mineral’’ means 

any mineral or element designated as a critical mineral pursuant to section 3303 of the Energy Policy Modernization Act of 

2015. 

(2) MATERIALS.—The term ‘‘materials’’ means substances, including minerals, of current or potential use that will be needed to supply the industrial, military, and essential civilian 

needs of the United States in the production of goods or services, including those which are primarily imported or for which 

there is a prospect of shortages or uncertain supply, or which 

present opportunities in terms of new physical properties, use, 

recycling, disposal or substitution, with the exclusion of food 

and of energy fuels used as such. 

DECLARATION OF POLCY 

SEC. 3. The Congress declares that it is the continuing policy of 

the United States to promote an adequate and stable supply of materials necessary to maintain national security, economic well-being 

and industrial production, with appropriate attention to a longterm balance between resource production, energy use, a healthy 

environment, natural resources conservation, and social needs. The 

Congress further declares that implementation of this policy requires that the President shall, through the Executive Office of the 

President, coordinate the responsible departments and agencies to, 

among other measures— 

(1) identify materials needs and assist in the pursuit of 

measures that would assure the availability of materials critical to commerce, the economy, and national security; 

(2) establish a mechanism for the coordination and evaluation of Federal materials programs, including those involving 

research and development so as to complement related efforts 

by the private sector as well as other domestic and international agencies and organizations; 

ø(3) establish a long-range assessment capability concerning 

materials demands, supply and needs, and provide for the policies and programs necessary to meet those needs;¿ 

(3) establish an analytical and forecasting capability for identifying critical mineral demand, supply, and other factors to 

allow informed actions to be taken to avoid supply shortages, 

mitigate price volatility, and prepare for demand growth and 

other market shifts; 


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(4) promote a vigorous, comprehensive, and coordinated program of materials research and development consistent with 

the policies and priorities set forth in the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601 et seq.); 

(5) promote cooperative research and development programs 

with other nations for the equitable and frugal use of materials 

and energy; 

(6) promote and encourage private enterprise in the development of economically sound and stable domestic materials industries; øand¿ 

ø(7) encourage Federal agencies to facilitate availability and 

development of domestic resources to meet critical materials 

needs.¿ 

(7) encourage Federal agencies to facilitate the availability, 

development, and environmentally responsible production of domestic resources to meet national material or critical mineral 

needs; 

(8) avoid duplication of effort, prevent unnecessary paperwork, and minimize delays in the administration of applicable 

laws (including regulations) and the issuance of permits and 

authorizations necessary to explore for, develop, and produce 

critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental 

and land management laws; 

(9) strengthen educational and research capabilities and 

workforce training; 

(10) bolster international cooperation through technology 

transfer, information sharing, and other means; 

(11) promote the efficient production, use, and recycling of 

critical minerals; 

(12) develop alternatives to critical minerals; and 

(13) establish contingencies for the production of, or access to, 

critical minerals for which viable sources do not exist within 

the United States. 

* * * * * * * 

NATURAL GAS ACT 

Act of June 21, 1938, Chapter 556, as amended 

* * * * * * * 

EXPORTATION OR IMPORTATION OF NATURAL GAS; 

LNG TERMINALS 

SEC. 3. (a) * * * 

* * * * * * * 

(g) PUBLIC DISCLOSURE OF LNG EXPORT DESTINATIONS.— 

(1) IN GENERAL.—In the case of any authorization to export 

liquefied natural gas, the Secretary of Energy shall require the 

applicant to report to the Secretary of Energy the names of the 

1 or more countries of destination to which the exported liquefied natural gas is delivered. 


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(2) TIMING.—The applicant shall file the report required 

under paragraph (1) not later than— 

(A) in the case of the first export, the last day of the 

month following the month of the first export; and 

(B) in the case of subsequent exports, the date that is 30 

days after the last day of the applicable month concerning 

the activity of the previous month. 

(3) DISCLOSURE.—The Secretary of Energy shall publish the 

information reported under this subsection on the website of the 

Department of Energy and otherwise make the information 

available to the public. 

* * * * * * * 

NUCLEAR SAFETY RESEARCH, DEVELOPMENT, 

AND DEMONSTRATION ACT OF 1980 

Public Law 96–567, as amended 

* * * * * * * 

øNATIONAL REACTOR ENGINEERING SIMULATOR 

FEASIBILITY STUDY 

øSEC. 5. (a) The Secretary, in consultation with the Commission 

and the Advisory Committee, shall initiate a study of the need for 

and feasibility of establishing a reactor engineering simulator facility at a national laboratory, for the primary purpose of fostering research in generic design improvements and simplifications through 

the simulation of the performance of various types of light water 

reactors under a wide variety of abnormal conditions and postulated accident conditions. 

ø(b) In performing the study, the Secretary shall consider relevant factors including, but not limited to— 

ø(1) the potential advantages that would accrue from the establishment of such a facility; 

ø(2) the extent to which such a facility would further the generic safety research and development program established by 

this Act; 

ø(3) the extent to which such a facility can be established by 

nongovernmental entities; 

ø(4) the opportunities for cost sharing by nongovernmental 

entities in the construction and operation of such a facility; 

ø(5) the importance of such a facility in emergencies to limit 

the extent of any future nuclear powerplant excursions; 

ø(6) the potential for international cooperation in the establishment and operation of such a facility; and 

ø(7) the appropriate national laboratory for siting such a facility. 

ø(c) The Secretary shall, by January 1, 1982, submit to the Committee on Science and Technology [Committee on Science, Space, 

and Technology] of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report 

characterizing the study and the resulting conclusions and recommendations. 


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øFEDERAL NUCLEAR OPERATIONS CORPS’ STUDY 

øSEC. 6. (a) The Secretary, in cooperation with the Nuclear Regulatory Commission, shall initiate a study as to the sufficiency of efforts in the United States to provide specially trained professionals 

to operate the controls of nuclear powerplants and other facilities 

in the back-end of the nuclear fuel cycle. In carrying out the study, 

the Secretary shall coordinate his activities with the ongoing programs of the utility industry and other Federal governmental agencies for obtaining high standards of operator performance. 

ø(b)(1) In conducting the study the Secretary shall assess the desirability and feasibility of creating a Federal Corps of such professionals to inspect and supervise such operations. 

ø(2) The assessment shall consider the establishment of an academy to train Corps professionals in all aspects of nuclear technology, nuclear operations, nuclear regulatory and related law, and 

health science. 

ø(3) The assessment shall include the appropriate organizational 

approach for the establishment of a Federal Corps within the executive branch. 

ø(c) The Secretary shall complete the study within one year after 

the date of enactment of this Act and shall submit a report along 

with his recommendations to the Congress.¿ 

* * * * * * * 

NATIONAL SUPERCONDUCTIVITY AND 

COMPETITIVENESS ACT OF 1988 

Public Law 100–697 

* * * * * * * 

SEC. 3. NATIONAL ACTION PLAN ON SUPERCONDUCTIVITY RESEARCH 

AND DEVELOPMENT. 

* * * * * * * 

(d) UPDATE REPORTS.—The Office of Science and Technology 

Policyø, with the assistance of the National Critical Materials 

Council as specified in the National Critical Materials Act of 1984 

(30 U.S.C. 1801 et seq.),¿ shall prepare an annual report setting 

forth and evaluating the progress of the Superconductivity Action 

Plan. This report shall include a description of the amount of funds 

expended in the previous year by all Federal departments and 

agencies involved with superconductivity. This report shall be submitted with the President’s annual budget request to the Committee on Science, Space, and Technology of the House of Representatives, and to the Committees on Energy and Natural Resources, and Commerce, Science, and Transportation of the Senate. 

* * * * * * * 


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POWERPLANT AND INDUSTRIAL FUEL USE 

ACT OF 1978 

Public Law 95–620, as amended 

* * * * * * * 

SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 

* * * * * * * 

(b) TABLE OF CONTENTS.— 

* * * * * * * 

TITLE VII—ADMINISTRATION AND ENFORCEMENT 

* * * * * * * 

SUBTITLE E—STUDIES 

øSec. 741. National coal policy study.¿ 

Sec. 742. Coal industry performance and competition study. 

Sec. 743. Impact on employees. 

øSec. 744. Study of compliance problems of small electric utility systems.¿ 

øSec. 745. Repealed.¿ 

øSec. 746. Socioeconomic impacts of increased coal production and other energy development.¿ 

øSec. 747. Use of petroleum and natural gas in combustors.¿ 

øSUBTITLE F—APPROPRIATIONS AUTHORIZATION¿ 

øSec. 751. Authorization of appropriations.¿ 

* * * * * * * 

TITLE VIII—MISCELLANEOUS PROVISIONS 

øSec. 801. Repealed.¿ 

Sec. 802. Coal preparation facilities. 

Sec. 803. Railroad rehabilitation for carriage of coal. 

Sec. 804. Office of Rail Public Counsel. 

Sec. 805. Retroactive application of certain remedial orders. 

Sec. 806. Annual report. 

øSec. 807. Submission of reports.¿ 

øSec. 808. Electric utility conservation plan.¿ 

* * * * * * * 

SEC. 712. COMPLIANCE REPORT. 

ø(a) GENERALLY.—¿Any person owning, operating, or proposing 

to operate one or more existing electric powerplants required to 

come into compliance with the prohibitions of this Act shall on or 

before January 1, 1980, and annually thereafter, submit to the Secretary a report identifying all such existing electric powerplants 

owned or operated by such person. Such report shall— 

(1) set forth the anticipated schedule for compliance with the 

applicable requirements and prohibitions by each such electric 

powerplant; 

(2) indicate proposed or existing contracts or other commitments or good faith negotiations for such contracts or commitments for coal or another alternate fuel, equipment, or combinations thereof, which would enable such powerplant to comply with such prohibitions; and 

(3) identify those electric powerplants, if any, for which application for temporary or permanent exemption from the prohibitions of this Act may be filed. 


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ø(b) REPORT ON IMPLEMENTATION OF SECTION 808 PLAN.—Any 

electric utility required to submit a conservation plan under section 

808 shall annually submit to the Secretary a report identifying the 

steps taken during the preceding year to implement such plan.¿ 

* * * * * * * 

øSEC. 741. NATIONAL COAL POLICY STUDY. 

ø(a) STUDY.—The President, acting through the Secretary and 

the Administrator of the Environmental Protection Agency, shall 

make a full and complete investigation and study of the alternative 

national uses of coal available in the United States to meet the Nation’s energy requirements consistent with national policies for the 

protection and enhancement of the quality of the environment and 

for economic recovery and full employment. In particular the study 

should identify and evaluate— 

ø(1) current and prospective coal requirements of the United 

States; 

ø(2) current and prospective voluntary and mandatory energy conservation measures and their potential for reduction of 

the United States coal requirements; 

ø(3) current and prospective coal resource production, transportation, conversion, and utilization requirements; 

ø(4) the extent and adequacy of coal research, development, 

and demonstration programs being carried out by Federal, 

State, local, and nongovernmental entities (including financial 

resources, manpower, and statutory authority); 

ø(5) programs for the development of coal mining technologies which increase coal production and utilization while 

protecting the health and safety of coal miners; 

ø(6) alternative strategies for meeting anticipated United 

States coal requirements, consistent with achieving other national goals, including national security and environmental 

protection; 

ø(7) existing and prospective governmental policies and laws 

affecting the coal industry with the view of determining what, 

if any, changes in and implementation of such policies and 

laws may be advisable in order to consolidate, coordinate, and 

provide an effective and equitable national energy policy consistent with other national policies; and 

ø(8) the most efficient use of the Nation’s coal resources considering economic (including capital and consumer costs, and 

balance of payments), social (including employment), environmental, technological, national defense, and other aspects. 

ø(b) REPORT.—Within 18 months after the effective date of this 

Act, the President shall submit to the Congress a report with respect to the studies and investigations, together with findings and 

recommendations in order that the Congress may have such information in a timely fashion. Such report shall include the President’s determinations and recommendations with respect to— 

ø(1) the Nation’s projected coal needs nationally and regionally, for the next 2 decades with particular reference to electric 

power; 

ø(2) the coal resources available or which must be developed 

to meet those needs, including, as applicable, the programs for 

research, development, and demonstration necessary to provide 


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technological advances which may greatly enhance the Nation’s 

ability to efficiently and economically utilize its fuel resources, 

consistent with applicable environmental requirements; 

ø(3) the air, water, and other pollution created by coal requirements, including any programs to overcome promptly and 

efficiently any technological or economic barriers to the elimination of such pollution; 

ø(4) the existing policies and programs of the Federal Government and of State and local governments, which have any 

significant impact on the availability, production or efficient 

and economic utilization of coal resources and on the ability to 

meet the Nation’s energy needs and environmental requirements; and 

ø(5) the adequacy of various transportation systems, including roads, railroads, and waterways to meet projected increases 

in coal production and utilization. 

øBefore submitting a report to the Congress under subsection (b), 

the President shall publish in the Federal Register a notice and 

summary of the proposed report, make copies of such report available, and accord interested persons an opportunity (of not less than 

90 days’ duration) to present written comments; and shall make 

such modifications of such report as he may consider appropriate 

on the basis of such comments. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated to the Secretary for allocation between 

the Department of Energy and the Environmental Protection Agency for fiscal years 1979 and 1980, not to exceed $18,000,000, for use 

in carrying out the purposes of this section.¿ 

* * * * * * * 

øSEC. 744. STUDY OF COMPLIANCE PROBLEM OF SMALL ELECTRIC 

UTILITY SYSTEMS. 

ø(a) STUDY.—The Secretary shall conduct a study of the problems 

of compliance with this Act experienced by those electric utility systems which have a total system generating capacity of less than 

2,000 megawatts. The Secretary shall report his findings and his 

recommendations to the Congress not later than 2 years after the 

effective date of this Act. 

ø(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary for the fiscal year 1979 not to exceed $500,000 to carry out the provisions of this section.¿ 

øSEC. 746. SOCIOECONOMIC IMPACTS OF INCREASED COAL PRODUCTION AND OTHER ENERGY DEVELOPMENT. 

ø(a) COMMITTEE.—There is hereby established an interagency 

committee composed of the heads of the Departments of Energy, 

Commerce, Interior, Transportation, Housing and Urban Development, and Health, Education, and Welfare, the Environmental Protection Agency, the Appalachian Regional Commission, the Farmers’ Home Administration, the Office of Management and Budget, 

and such other Federal agencies as the Secretary shall designate. 

In carrying out its functions the committee shall consult with the 

National Governors’ Conference and interested persons, organizations, and entities. The chairman of the committee shall be designated by the President. The committee shall terminate 90 days 

after the submission of its report under subsection (c). 


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ø(b) FUNCTIONS OF COMMITTEE.—It is the function of the committee to conduct a study of the socioeconomic impacts of expanded 

coal production and rapid energy development in general, on 

States, including local communities, and on the public, including 

the adequacy of housing and public, recreational, and cultural facilities for coal miners and their families and the effect of any Federal or State laws or regulations on providing such housing and facilities. The committee shall gather data and information on— 

ø(1) the level of assistance provided under this Act and any 

other programs related to impact assistance, 

ø(2) the timeliness of assistance in meeting impacts caused 

by Federal decisions on energy policy as well as private sector 

decisions, and 

ø(3) the obstacles to effective assistance contained in regulations of existing programs related to impact assistance. 

ø(c) REPORT.—Within 1 year after the effective date of this Act, 

the committee shall submit a detailed report on the results of such 

study to the Congress, together with any recommendations for additional legislation it may consider appropriate.¿ 

øSEC. 747. USE OF PETROLEUM AND NATURAL GAS IN COMBUSTORS. 

øThe Secretary shall conduct a detailed study of the uses of petroleum and natural gas as a primary energy source for combustors 

and installations not subject to the prohibitions of this Act. In conducting such study, the Secretary shall— 

ø(1) identify those categories of major fuel-burning installations in which the substitution of coal or other alternate fuels 

for petroleum and natural gas is economically and technically 

feasible, and 

ø(2) determine the estimated savings of natural gas and petroleum expected from such substitution. 

øWithin 1 year after the effective date of this Act, the Secretary 

shall submit a detailed report on the results of such study to the 

Congress, together with any recommendations for legislation he 

may consider appropriate.¿ 

øSubtitle F—Appropriations Authorization 

øSEC. 751. AUTHORIZATION OF APPROPRIATIONS. 

øThere is authorized to be appropriated to the Secretary for fiscal year 1979 $11,900,000, to carry out the provisions of this Act 

(other than provisions for which an appropriations authorization is 

otherwise expressly provided in this Act) and section 2 of the Energy Supply and Environmental Coordination Act of 1974.¿ 

* * * * * * * 

øSEC. 807. SUBMISSION OF REPORTS. 

øCopies of any report required by this Act to be submitted to the 

Congress shall be separately submitted to the Committee on Interstate and Foreign Commerce of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate.¿ 

øSEC. 808. ELECTRIC UTILITY CONSERVATION PLAN. 

ø(a) APPLICABILITY.—An electric utility is subject to this subsection if— 


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ø(1) the utility owns or operates any existing electric powerplant in which natural gas was used as a primary energy 

source at any time during the 1–year period ending on the date 

of the enactment of this section, and 

ø(2) the utility plans to use natural gas as a primary energy 

source in any electric powerplant. 

ø(b) SUBMISSION AND APPROVAL OF PLAN.—The Secretary shall 

require each electric utility subject to this section to— 

ø(1) submit, within 1 year after the date of the enactment of 

this section, and have approved by the Secretary, a conservation plan which meets the requirements of subsection (c); and 

ø(2) implement such plan during the 5–year period beginning on the date of the initial approval of such plan. 

ø(c) CONTENTS OF PLAN.—(1) Any conservation plan under this 

section shall set forth means determined by the utility to achieve 

conservation of electric energy not later than the 5th year after its 

initial approval at a level, measured on an annual basis, at least 

equal to 10 percent of the electric energy output of that utility during the most recent 4 calendar quarters ending prior to the date 

of the enactment of this section which is attributable to natural 

gas. 

ø(2) The conservation plan shall include— 

ø(A) all activities required for such utility by part 1 of title 

II of the National Energy Conservation Policy Act; 

ø(B) an effective public information program for conservation; and 

ø(C) such other measures as the utility may consider appropriate. 

ø(3) Any such plan may set forth a program for the use of renewable energy sources (other than hydroelectric power). 

ø(4) Any such plan shall contain procedures to permit the 

amounts expended by such utility in developing and implementing 

the plan to be recovered in a manner specified by the appropriate 

State regulatory authority (or by the utility in the case of a nonregulated utility). 

ø(d) PLAN APPROVAL.—(1) The Secretary shall, by order, approve 

or disapprove any conservation plan proposed under this subsection 

by an electric utility within 120 days after its submission. The Secretary shall approve any such proposed plan unless the Secretary 

finds that such plan does not meet the requirements of subsection 

(c) and states in writing the reasons therefor. 

ø(2) In the event the Secretary disapproves under paragraph (1) 

the plan originally submitted, the Secretary shall provide a reasonable period of time for resubmission. 

ø(3) An electric utility may amend any approved plan, except 

that the plan as amended shall be subject to approval in accordance with paragraph (1).¿ 

* * * * * * * 

UNITED STATES CODE 

* * * * * * * 


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TITLE 40—PUBLIC BUILDINGS, 

PROPERTY, AND WORKS 

* * * * * * * 

§ 3307. Congressional approval of proposed projects 

* * * * * * * 

(d) AVAILABILITY OF FUNDS FOR DESIGN UPDATES.— 

(1) IN GENERAL.—Subject to paragraph (2), for any project for 

which congressional approval is received under subsection (a) 

and for which the design has been substantially completed but 

construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to 

meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and 

Production Act (42 U.S.C. 6834) and other requirements established under section 3312. 

(2) LIMITATION.—The use of funds under paragraph (1) shall 

not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle 

cost analysis under section 544 of the National Energy Conservation Policy Act (42 U.S.C. 8254). 

ø(d)¿(e) RESCISSION OF APPROVAL.—If an appropriation is not 

made within one year after the date a project for construction, alteration, or acquisition is approved under subsection (a), the Committee on Environment and Public Works of the Senate or the 

Committee on Transportation and Infrastructure of the House of 

Representatives by resolution may rescind its approval before an 

appropriation is made. 

ø(e)¿(f) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does not prevent the Administrator from entering into emergency leases during any period declared by the President to require 

emergency leasing authority. An emergency lease may not be for 

more than 180 days without approval of a prospectus for the lease 

in accordance with subsection (a). 

ø(f)¿(g) MINIMUM PERFORMANCE REQUIREMENTS FOR LEASED

SPACE.—With respect to space to be leased, the Administrator shall 

include, to the maximum extent practicable, minimum performance 

requirements requiring energy efficiency and the use of renewable 

energy. 

ø(g)¿(h) LIMITATION ON LEASING CERTAIN SPACE.— 

(1) IN GENERAL.—The Administrator may not lease space to 

accommodate any of the following if the average rental cost of 

leasing the space will exceed $1,500,000: 

(A) Computer and telecommunications operations. 

(B) Secure or sensitive activities related to the national 

defense or security, except when it would be inappropriate 

to locate those activities in a public building or other facility identified with the Government. 

(C) A permanent courtroom, judicial chamber, or administrative office for any United States court. 

(2) EXCEPTION.—The Administrator may lease space with respect to which paragraph (1) applies if the Administrator— 


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(A) decides, for reasons set forth in writing, that leasing 

the space is necessary to meet requirements which cannot 

be met in public buildings; and 

(B) submits the reasons to the Committee on Environment and Public Works of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

ø(h)¿(i) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may adjust any dollar amount referred to in this section to 

reflect a percentage increase or decrease in construction costs during the prior calendar year, as determined by the composite index 

of construction costs of the Department of Commerce. Any adjustment shall be expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 

* * * * * * * 

TITLE 54—NATIONAL PARK SERVICE 

AND RELATED PROGRAMS 

* * * * * * * 

CHAPTER 1049—MISCELLANEOUS 

104901. Central warehouses at System units. 

104902. Services or other accommodations for public. 

104903. Care, removal, and burial of indigents. 

104904. Hire of work animals, vehicles, and equipment with or without personal 

services. 

104905. Preparation of mats for reproduction of photographs. 

104906. Protection of right of individuals to bear arms. 

104907. Limitation on extension or establishment of national parks in Wyoming. 

104908. National Park Service Maintenance and Revitalization Conservation Fund. 

* * * * * * * 

§ 104908. National Park Service Maintenance and Revitalization Conservation Fund 

(a) IN GENERAL.—There is established in the Treasury a fund, to 

be known as the ‘‘National Park Service Critical Maintenance and 

Revitalization Conservation Fund’’ (referred to in this section as the 

‘‘Fund’’). 

(b) DEPOSITS TO FUND.—Notwithstanding any provision of law 

providing that the proceeds shall be credited to miscellaneous receipts of the Treasury, for each fiscal year, there shall be deposited 

in the Fund, from revenues due and payable to the United States 

under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 

1338) $150,000,000. 

(c) USE AND AVAILABILITY.— 

(1) IN GENERAL.—Amounts deposited in the Fund shall— 

(A) be used only for the purposes described in subsection 

(d); and 

(B) be available for expenditure only after the amounts 

are appropriated for those purposes. 

(2) AVAILABILITY.—Any amounts in the Fund not appropriated shall remain available in the Fund until appropriated. 


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(3) NO LIMITATION.—Appropriations from the Fund pursuant 

to this section may be made without fiscal year limitation. 

(d) NATIONAL PARK SYSTEM CRITICAL DEFERRED MAINTE- NANCE.—The Secretary shall use amounts appropriated from the 

Fund for high-priority deferred maintenance needs of the Service 

that support critical infrastructure and visitor services. 

(e) LAND ACQUISITION PROHIBITION.—Amounts in the Fund shall 

not be used for land acquisition. 

* * * * * * * 

CHAPTER 2003—LAND AND WATER CONSERVATION 

FUND 

* * * * * * * 

§ 200302. Establishment of Land and Water Conservation 

Fund 

(a) ESTABLISHMENT.—There is established in the Treasury the 

Land and Water Conservation Fund. 

(b) DEPOSITS.—øDuring the period ending September 30, 2015, 

there¿ There shall be deposited in the Fund the following revenues 

and collections: 

(1) All proceeds (except so much thereof as may be otherwise 

obligated, credited, or paid under authority of the provisions of 

law set forth in section 572(a) or 574(a) to (c) of title 40 or 

under authority of any appropriation Act that appropriates an 

amount, to be derived from proceeds from the transfer of excess property and the disposal of surplus property, for necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property) received 

from any disposal of surplus real property and related personal 

property under chapter 5 of title 40, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in this chapter shall 

affect existing laws or regulations concerning disposal of real 

or personal surplus property to schools, hospitals, and States 

and their political subdivisions. 

(2) The amounts provided for in section 200310 of this title. 

(c) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—In addition to the sum of the revenues and 

collections estimated by the Secretary to be deposited in the 

Fund pursuant to this section, there are authorized to be appropriated annually to the Fund out of any money in the 

Treasury not otherwise appropriated such amounts as are necessary to make the income of the Fund not less than 

$900,000,000 for each fiscal year øthrough September 30, 

2015¿. 

* * * * * * * 

§ 200304. Statement of estimated requirements 

øThere¿ (a) IN GENERAL.—There shall be submitted with the annual budget of the United States a comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Fund. øNot less than 40 percent of such appropriations shall be available for Federal purposes.¿ 


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(b) ALLOCATION.—Of the appropriations from the Fund— 

(1) not less than 40 percent shall be used collectively for Federal purposes under section 200306; 

(2) not less than 40 percent shall be used collectively— 

(A) to provide financial assistance to States under section 

200305; 

(B) for the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 

(16 U.S.C. 2103c); 

(C) for cooperative endangered species grants authorized 

under section 6 of the Endangered Species Act of 1973 (16 

U.S.C. 1535); and 

(D) for the American Battlefield Protection Program established under chapter 3081; and (3) not less than 1.5 percent or $10,000,000, whichever is 

greater, shall be used for projects that secure recreational public 

access to Federal public land for hunting, fishing, or other recreational purposes. 

* * * * * * * 

§ 200306. Allocation of Fund amounts for Federal purposes 

* * * * * * * 

(c) CONSERVATION EASEMENTS.—The Secretary and the Secretary 

of Agriculture shall consider the acquisition of conservation easements and other similar interests in land where appropriate and 

feasible. 

(d) ACQUISITION CONSIDERATIONS.—The Secretary and the Secretary of Agriculture shall take into account the following in determining the land or interests in land to acquire: 

(1) Management efficiencies. 

(2) Management cost savings. 

(3) Geographic distribution. 

(4) Significance of the acquisition. 

(5) Urgency of the acquisition. 

(6) Threats to the integrity of the land to be acquired. 

(7) The recreational value of the land. 

* * * * * * * 

CHAPTER 3031—HISTORIC PRESERVATION FUND 

* * * * * * * 

§ 303102. Contents 

For each øof fiscal years 2012 to 2015¿ fiscal year, $150,000,000 

shall be deposited in the Historic Preservation Fund from revenues 

due and payable to the United States under section 9 of the Outer 

Continental Shelf Lands Act (43 U.S.C. 1338), section 7433(b) of 

title 10, or both, notwithstanding any provision of law that those 

proceeds shall be credited to miscellaneous receipts of the Treasury. 

* * * * * * * 

Æ 


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