I 

114TH CONGRESS 

1ST SESSION H. R. 8 

To modernize energy infrastructure, build a 21st century energy and manufacturing workforce, bolster America’s energy security and diplomacy, and 

promote energy efficiency and government accountability, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2015 

Mr. UPTON introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Science, 

Space, and Technology, Education and the Workforce, Oversight and 

Government Reform, and Foreign Affairs, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To modernize energy infrastructure, build a 21st century 

energy and manufacturing workforce, bolster America’s 

energy security and diplomacy, and promote energy efficiency and government accountability, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘North American Energy Security and Infrastructure Act 

4 of 2015’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MODERNIZING AND PROTECTING INFRASTRUCTURE 

Sec. 1101. FERC process coordination. 

Sec. 1102. Resolving environmental and grid reliability conflicts. 

Sec. 1103. Emergency preparedness for energy supply disruptions. 

Sec. 1104. Critical electric infrastructure security. 

Sec. 1105. Strategic Transformer Reserve. 

Sec. 1106. Cyber Sense. 

Sec. 1107. State coverage and consideration of PURPA standards for electric 

utilities. 

TITLE II—21ST CENTURY WORKFORCE 

Sec. 2101. Energy and manufacturing workforce development. 

TITLE III—ENERGY SECURITY AND DIPLOMACY 

Sec. 3101. Sense of Congress. 

Sec. 3102. Energy security valuation. 

Sec. 3103. North American energy security plan. 

Sec. 3104. Collective energy security. 

Sec. 3105. Strategic Petroleum Reserve mission readiness plan. 

TITLE IV—ENERGY EFFICIENCY AND ACCOUNTABILITY 

Subtitle A—Energy Efficiency 

CHAPTER 1—FEDERAL AGENCY ENERGY EFFICIENCY

Sec. 4111. Energy-efficient and energy-saving information technologies. 

Sec. 4112. Energy efficient data centers. 

Sec. 4113. Report on energy and water savings potential from thermal insulation. 

Sec. 4114. Federal purchase requirement. 

CHAPTER 2—ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

Sec. 4121. Inclusion of Smart Grid capability on Energy Guide labels. 

Sec. 4122. Voluntary verification programs for air conditioning, furnace, boiler, 

heat pump, and water heater products. 

Sec. 4123. Facilitating consensus furnace standards. 

Sec. 4124. Future of Industry program. 


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CHAPTER 3—ENERGY PERFORMANCE CONTRACTING

Sec. 4131. Use of energy and water efficiency measures in Federal buildings. 

CHAPTER 4—SCHOOL BUILDINGS

Sec. 4141. Coordination of energy retrofitting assistance for schools. 

Subtitle B—Accountability 

CHAPTER 1—MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

Sec. 4211. FERC Office of Compliance Assistance and Public Participation. 

CHAPTER 2—MARKET REFORMS

Sec. 4221. GAO study on wholesale electricity markets. 

1 TITLE I—MODERNIZING AND 

2 PROTECTING INFRASTRUCTURE 

3 SEC. 1101. FERC PROCESS COORDINATION. 

4 Section 15 of the Natural Gas Act (15 U.S.C. 717n) 

5 is amended— 

6 (1) by amending subsection (b)(2) to read as 

7 follows: 

8 ‘‘(2) OTHER AGENCIES.— 

9 ‘‘(A) IN GENERAL.—Each Federal and 

10 State agency considering an aspect of an appli11 cation for Federal authorization shall cooperate 

12 with the Commission and comply with the dead13 lines established by the Commission. 

14 ‘‘(B) IDENTIFICATION.—The Commission 

15 shall identify, as early as practicable after it is 

16 notified by a prospective applicant of a potential 

17 project requiring Commission authorization, 

18 any Federal or State agency, local government, 


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1 or Indian tribe that may consider an aspect of 

2 an application for that Federal authorization. 

3 ‘‘(C) NOTIFICATION.— 

4 ‘‘(i) IN GENERAL.—The Commission 

5 shall notify any agency identified under 

6 subparagraph (B) of the opportunity to co7 operate or participate in the review proc8 ess. 

9 ‘‘(ii) DEADLINE.—A notification 

10 issued under clause (i) shall establish a 

11 deadline by which a response to the notifi12 cation shall be submitted, which may be 

13 extended by the Commission for good 

14 cause.’’; 

15 (2) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘and’’ at the end of 

18 subparagraph (A); 

19 (ii) by redesignating subparagraph 

20 (B) as subparagraph (C); and 

21 (iii) by inserting after subparagraph 

22 (A) the following new subparagraph: 

23 ‘‘(B) set deadlines for all such Federal au24 thorizations; and’’; 

25 (B) by striking paragraph (2); and 


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1 (C) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(2) DEADLINE FOR FEDERAL AUTHORIZA4 TIONS.—A final decision on a Federal authorization 

5 is due no later than 90 days after the Commission 

6 issues its final environmental document, unless a 

7 schedule is otherwise established by Federal law. 

8 ‘‘(3) COMMISSION RECOMMENDATION.—To en9 sure that timely decisions are made and that the re10 sponsibilities of each Federal and State agency are 

11 met when making a decision with respect to a Fed12 eral authorization, the Commission shall coordinate 

13 its efforts with Federal and State agencies and make 

14 a recommendation on the scope of the environmental 

15 review that the Commission determines to be appro16 priate. Each Federal and State agency shall give 

17 deference to the Commission’s recommendation as 

18 appropriate and in accordance with applicable Fed19 eral law. 

20 ‘‘(4) CONCURRENT REVIEWS.—Each Federal 

21 and State agency considering an aspect of an appli22 cation for a Federal authorization shall— 

23 ‘‘(A) carry out the obligations of that 

24 agency under applicable law concurrently, and 

25 in conjunction, with the review required by the 


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1 National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.), unless doing so would im3 pair the ability of the agency to conduct needed 

4 analysis or otherwise carry out those obliga5 tions; 

6 ‘‘(B) formulate and implement administra7 tive, policy, and procedural mechanisms to en8 able the agency to ensure completion of re9 quired Federal authorizations no later than 90 

10 days after the Commission issues its final envi11 ronmental document; and 

12 ‘‘(C) transmit to the Commission a state13 ment— 

14 ‘‘(i) acknowledging receipt of the 

15 schedule established under paragraph (1); 

16 and 

17 ‘‘(ii) setting forth the plan formulated 

18 under subparagraph (B) of this paragraph. 

19 ‘‘(5) ISSUE IDENTIFICATION AND RESOLU20 TION.— 

21 ‘‘(A) IDENTIFICATION.—Federal and State 

22 agencies that may consider an aspect of an ap23 plication for Federal authorization shall iden24 tify, as early as possible, any issues of concern 

25 that may delay or prevent an agency from 


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1 working with the Commission to resolve such 

2 issues and granting such authorization. 

3 ‘‘(B) ISSUE RESOLUTION.—The Commis4 sion may forward any issue of concern identi5 fied under subparagraph (A) to the heads of 

6 the relevant agencies (including, in the case of 

7 a failure by the State agency, the Federal agen8 cy overseeing the delegated authority) for reso9 lution. 

10 ‘‘(6) FAILURE TO MEET SCHEDULE.—If a Fed11 eral or State agency does not complete a proceeding 

12 for an approval that is required for a Federal au13 thorization in accordance with the schedule estab14 lished by the Commission under paragraph (1)— 

15 ‘‘(A) the applicant may pursue remedies 

16 under section 19(d); and 

17 ‘‘(B) the head of the relevant Federal 

18 agency (including, in the case of a failure by a 

19 State agency, the Federal agency overseeing the 

20 delegated authority) shall notify Congress and 

21 the Commission of such failure and set forth a 

22 recommended implementation plan to ensure 

23 completion of the proceeding for an approval.’’; 

24 (3) by redesignating subsections (d) through (f) 

25 as subsections (f) through (h), respectively; and 


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1 (4) by inserting after subsection (c) the fol2 lowing new subsections: 

3 ‘‘(d) APPLICATION PROCESSING.—The Commission, 

4 and Federal and State agencies, may allow an applicant 

5 seeking Federal authorization to fund a third party con6 tractor to assist in reviewing the application. 

7 ‘‘(e) ACCOUNTABILITY, TRANSPARENCY, EFFI8 CIENCY.—For applications requiring multiple Federal au9 thorizations, the Commission, with input from any Federal 

10 or State agency considering an aspect of an application, 

11 shall track and make available to the public on the Com12 mission’s website information related to the actions re13 quired to complete permitting, reviews, and other actions 

14 required. Such information shall include the following: 

15 ‘‘(1) The schedule established by the Commis16 sion under subsection (c)(1). 

17 ‘‘(2) A list of all the actions required by each 

18 applicable agency to complete permitting, reviews, 

19 and other actions necessary to obtain a final decision 

20 on the Federal authorization. 

21 ‘‘(3) The expected completion date for each 

22 such action. 

23 ‘‘(4) A point of contact at the agency account24 able for each such action. 


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1 ‘‘(5) In the event that an action is still pending 

2 as of the expected date of completion, a brief expla3 nation of the reasons for the delay.’’. 

4 SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELI5 ABILITY CONFLICTS. 

6 (a) COMPLIANCE WITH OR VIOLATION OF ENVIRON7 MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 

8 Section 202(c) of the Federal Power Act (16 U.S.C. 

9 824a(c)) is amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

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

12 ‘‘(2) With respect to an order issued under this sub13 section that may result in a conflict with a requirement 

14 of any Federal, State, or local environmental law or regu15 lation, the Commission shall ensure that such order re16 quires generation, delivery, interchange, or transmission 

17 of electric energy only during hours necessary to meet the 

18 emergency and serve the public interest, and, to the max19 imum extent practicable, is consistent with any applicable 

20 Federal, State, or local environmental law or regulation 

21 and minimizes any adverse environmental impacts. 

22 ‘‘(3) To the extent any omission or action taken by 

23 a party, that is necessary to comply with an order issued 

24 under this subsection, including any omission or action 

25 taken to voluntarily comply with such order, results in 


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1 noncompliance with, or causes such party to not comply 

2 with, any Federal, State, or local environmental law or 

3 regulation, such omission or action shall not be considered 

4 a violation of such environmental law or regulation, or 

5 subject such party to any requirement, civil or criminal 

6 liability, or a citizen suit under such environmental law 

7 or regulation. 

8 ‘‘(4)(A) An order issued under this subsection that 

9 may result in a conflict with a requirement of any Federal, 

10 State, or local environmental law or regulation shall expire 

11 not later than 90 days after it is issued. The Commission 

12 may renew or reissue such order pursuant to paragraphs 

13 (1) and (2) for subsequent periods, not to exceed 90 days 

14 for each period, as the commission determines necessary 

15 to meet the emergency and serve the public interest. 

16 ‘‘(B) In renewing or reissuing an order under sub17 paragraph (A), the Commission shall consult with the pri18 mary Federal agency with expertise in the environmental 

19 interest protected by such law or regulation, and shall in20 clude in any such renewed or reissued order such condi21 tions as such Federal agency determines necessary to min22 imize any adverse environmental impacts to the extent 

23 practicable. The conditions, if any, submitted by such Fed24 eral agency shall be made available to the public. The 

25 Commission may exclude such a condition from the reVerDate Sep 11 2014 02:10 Sep 17, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8.IH H8

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1 newed or reissued order if it determines that such condi2 tion would prevent the order from adequately addressing 

3 the emergency necessitating such order and provides in 

4 the order, or otherwise makes publicly available, an expla5 nation of such determination. 

6 ‘‘(5) If an order issued under this subsection is subse7 quently stayed, modified, or set aside by a court pursuant 

8 to section 313 or any other provision of law, any omission 

9 or action previously taken by a party that was necessary 

10 to comply with the order while the order was in effect, 

11 including any omission or action taken to voluntarily com12 ply with the order, shall remain subject to paragraph 

13 (3).’’. 

14 (b) TEMPORARY CONNECTION OR CONSTRUCTION BY

15 MUNICIPALITIES.—Section 202(d) of the Federal Power 

16 Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu17 nicipality’’ before ‘‘engaged in the transmission or sale of 

18 electric energy’’. 

19 SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUP20 PLY DISRUPTIONS. 

21 (a) FINDING.—Congress finds that recent natural 

22 disasters have underscored the importance of having resil23 ient oil and natural gas infrastructure and effective ways 

24 for industry and government to communicate to address 

25 energy supply disruptions. 


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1 (b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE

2 EMERGENCY PREPAREDNESS FOR NATURAL DISAS3 TERS.—The Secretary of Energy shall develop and adopt 

4 procedures to— 

5 (1) improve communication and coordination 

6 between the Department of Energy’s energy re7 sponse team, Federal partners, and industry; 

8 (2) leverage the Energy Information Adminis9 tration’s subject matter expertise within the Depart10 ment’s energy response team to improve supply 

11 chain situation assessments; 

12 (3) establish company liaisons and direct com13 munication with the Department’s energy response 

14 team to improve situation assessments; 

15 (4) streamline and enhance processes for ob16 taining temporary regulatory relief to speed up 

17 emergency response and recovery; 

18 (5) facilitate and increase engagement among 

19 States, the oil and natural gas industry, and the De20 partment in developing State and local energy assur21 ance plans; 

22 (6) establish routine education and training 

23 programs for key government emergency response 

24 positions with the Department and States; and 


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1 (7) involve States and the oil and natural gas 

2 industry in comprehensive drill and exercise pro3 grams. 

4 (c) COOPERATION.—The activities carried out under 

5 subsection (b) shall include collaborative efforts with State 

6 and local government officials and the private sector. 

7 (d) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary of Energy shall 

9 submit to Congress a report describing the effectiveness 

10 of the activities authorized under this section. 

11 SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECU12 RITY. 

13 (a) CRITICAL ELECTRIC INFRASTRUCTURE SECU14 RITY.—Part II of the Federal Power Act (16 U.S.C. 824 

15 et seq.) is amended by adding after section 215 the fol16 lowing new section: 

17 ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU18 RITY. 

19 ‘‘(a) DEFINITIONS.—For purposes of this section: 

20 ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI21 ABILITY ORGANIZATION; REGIONAL ENTITY.—The 

22 terms ‘bulk-power system’, ‘Electric Reliability Or23 ganization’, and ‘regional entity’ have the meanings 

24 given such terms in paragraphs (1), (2), and (7) of 

25 section 215(a), respectively. 


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1 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 

2 The term ‘critical electric infrastructure’ means a 

3 system or asset of the bulk-power system, whether 

4 physical or virtual, the incapacity or destruction of 

5 which would negatively affect national security, eco6 nomic security, public health or safety, or any com7 bination of such matters. 

8 ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN9 FORMATION.—The term ‘critical electric infrastruc10 ture information’ means information related to crit11 ical electric infrastructure, or proposed critical elec12 trical infrastructure, generated by or provided to the 

13 Commission or other Federal agency, other than 

14 classified national security information, that is des15 ignated as critical electric infrastructure information 

16 by the Commission under subsection (d)(2). Such 

17 term includes information that qualifies as critical 

18 energy infrastructure information under the Com19 mission’s regulations. 

20 ‘‘(4) DEFENSE CRITICAL ELECTRIC INFRA21 STRUCTURE.—The term ‘defense critical electric in22 frastructure’ means any electric infrastructure lo23 cated in the United States (including the territories) 

24 that serves a facility designated by the Secretary 


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1 pursuant to subsection (c), but is not owned or oper2 ated by the owner or operator of such facility. 

3 ‘‘(5) ELECTROMAGNETIC PULSE.—The term 

4 ‘electromagnetic pulse’ means 1 or more pulses of 

5 electromagnetic energy emitted by a device capable 

6 of disabling or disrupting operation of, or destroy7 ing, electronic devices or communications networks, 

8 including hardware, software, and data, by means of 

9 such a pulse. 

10 ‘‘(6) GEOMAGNETIC STORM.—The term ‘geo11 magnetic storm’ means a temporary disturbance of 

12 the Earth’s magnetic field resulting from solar activ13 ity. 

14 ‘‘(7) GRID SECURITY EMERGENCY.—The term 

15 ‘grid security emergency’ means the occurrence or 

16 imminent danger of— 

17 ‘‘(A)(i) a malicious act using electronic 

18 communication or an electromagnetic pulse, or 

19 a geomagnetic storm event, that could disrupt 

20 the operation of those electronic devices or com21 munications networks, including hardware, soft22 ware, and data, that are essential to the reli23 ability of critical electric infrastructure or of de24 fense critical electric infrastructure; and 


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1 ‘‘(ii) disruption of the operation of such 

2 devices or networks, with significant adverse ef3 fects on the reliability of critical electric infra4 structure or of defense critical electric infra5 structure, as a result of such act or event; or 

6 ‘‘(B)(i) a direct physical attack on critical 

7 electric infrastructure or on defense critical 

8 electric infrastructure; and 

9 ‘‘(ii) significant adverse effects on the reli10 ability of critical electric infrastructure or of de11 fense critical electric infrastructure as a result 

12 of such physical attack. 

13 ‘‘(8) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of Energy. 

15 ‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY

16 EMERGENCY.— 

17 ‘‘(1) AUTHORITY.—Whenever the President 

18 issues and provides to the Secretary a written direc19 tive or determination identifying a grid security 

20 emergency, the Secretary may, with or without no21 tice, hearing, or report, issue such orders for emer22 gency measures as are necessary in the judgment of 

23 the Secretary to protect or restore the reliability of 

24 critical electric infrastructure or of defense critical 

25 electric infrastructure during such emergency. As 


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1 soon as practicable but not later than 180 days after 

2 the date of enactment of this section, the Secretary 

3 shall, after notice and opportunity for comment, es4 tablish rules of procedure that ensure that such au5 thority can be exercised expeditiously. 

6 ‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 

7 the President issues and provides to the Secretary a 

8 written directive or determination under paragraph 

9 (1), the President shall promptly notify congres10 sional committees of relevant jurisdiction, including 

11 the Committee on Energy and Commerce of the 

12 House of Representatives and the Committee on En13 ergy and Natural Resources of the Senate, of the 

14 contents of, and justification for, such directive or 

15 determination. 

16 ‘‘(3) CONSULTATION.—Before issuing an order 

17 for emergency measures under paragraph (1), the 

18 Secretary shall, to the extent practicable in light of 

19 the nature of the grid security emergency and the 

20 urgency of the need for action, consult with appro21 priate governmental authorities in Canada and Mex22 ico, entities described in paragraph (4), the Elec23 tricity Sub-sector Coordinating Council, the Commis24 sion, and other appropriate Federal agencies regard25 ing implementation of such emergency measures. 


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1 ‘‘(4) APPLICATION.—An order for emergency 

2 measures under this subsection may apply to— 

3 ‘‘(A) the Electric Reliability Organization; 

4 ‘‘(B) a regional entity; or 

5 ‘‘(C) any owner, user, or operator of crit6 ical electric infrastructure or of defense critical 

7 electric infrastructure within the United States. 

8 ‘‘(5) EXPIRATION AND REISSUANCE.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), an order for emergency 

11 measures issued under paragraph (1) shall ex12 pire no later than 15 days after its issuance. 

13 ‘‘(B) EXTENSIONS.—The Secretary may 

14 reissue an order for emergency measures issued 

15 under paragraph (1) for subsequent periods, 

16 not to exceed 15 days for each such period, pro17 vided that the President, for each such period, 

18 issues and provides to the Secretary a written 

19 directive or determination that the grid security 

20 emergency identified under paragraph (1) con21 tinues to exist or that the emergency measure 

22 continues to be required. 

23 ‘‘(6) COST RECOVERY.— 

24 ‘‘(A) CRITICAL ELECTRIC INFRASTRUC25 TURE.—If the Commission determines that 


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1 owners, operators, or users of critical electric 

2 infrastructure have incurred substantial costs to 

3 comply with an order for emergency measures 

4 issued under this subsection and that such costs 

5 were prudently incurred and cannot reasonably 

6 be recovered through regulated rates or market 

7 prices for the electric energy or services sold by 

8 such owners, operators, or users, the Commis9 sion shall, consistent with the requirements of 

10 section 205, after notice and an opportunity for 

11 comment, establish a mechanism that permits 

12 such owners, operators, or users to recover such 

13 costs. 

14 ‘‘(B) DEFENSE CRITICAL ELECTRIC INFRA15 STRUCTURE.—To the extent the owner or oper16 ator of defense critical electric infrastructure is 

17 required to take emergency measures pursuant 

18 to an order issued under this subsection, the 

19 owners or operators of a critical defense facility 

20 or facilities designated by the Secretary pursu21 ant to subsection (c) that rely upon such infra22 structure shall bear the full incremental costs of 

23 the measures. 

24 ‘‘(7) TEMPORARY ACCESS TO CLASSIFIED IN25 FORMATION.—The Secretary, and other appropriate 


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1 Federal agencies, shall, to the extent practicable and 

2 consistent with their obligations to protect classified 

3 information, provide temporary access to classified 

4 information related to a grid security emergency for 

5 which emergency measures are issued under para6 graph (1) to key personnel of any entity subject to 

7 such emergency measures to enable optimum com8 munication between the entity and the Secretary and 

9 other appropriate Federal agencies regarding the 

10 grid security emergency. 

11 ‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILI12 TIES.—Not later than 180 days after the date of enact13 ment of this section, the Secretary, in consultation with 

14 other appropriate Federal agencies and appropriate own15 ers, users, or operators of infrastructure that may be de16 fense critical electric infrastructure, shall identify and des17 ignate facilities located in the United States (including the 

18 territories) that are— 

19 ‘‘(1) critical to the defense of the United States; 

20 and 

21 ‘‘(2) vulnerable to a disruption of the supply of 

22 electric energy provided to such facility by an exter23 nal provider. 

24 The Secretary may, in consultation with appropriate Fed25 eral agencies and appropriate owners, users, or operators 


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1 of defense critical electric infrastructure, periodically re2 vise the list of designated facilities as necessary. 

3 ‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC4 TRIC INFRASTRUCTURE INFORMATION.— 

5 ‘‘(1) PROTECTION OF CRITICAL ELECTRIC IN6 FRASTRUCTURE INFORMATION.—Critical electric in7 frastructure information— 

8 ‘‘(A) shall be exempt from disclosure under 

9 section 552(b)(3) of title 5, United States Code; 

10 and 

11 ‘‘(B) shall not be made available by any 

12 Federal, State, political subdivision or tribal au13 thority pursuant to any Federal, State, political 

14 subdivision or tribal law requiring public disclo15 sure of information or records. 

16 ‘‘(2) DESIGNATION AND SHARING OF CRITICAL

17 ELECTRIC INFRASTRUCTURE INFORMATION.—Not 

18 later than one year after the date of enactment of 

19 this section, the Commission, in consultation with 

20 the Secretary of Energy, shall promulgate such reg21 ulations and issue such orders as necessary to— 

22 ‘‘(A) designate information as critical elec23 tric infrastructure information; 

24 ‘‘(B) prohibit the unauthorized disclosure 

25 of critical electric infrastructure information; 


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1 ‘‘(C) ensure there are appropriate sanc2 tions in place for Commissioners, officers, em3 ployees, or agents of the Commission who 

4 knowingly and willfully disclose critical electric 

5 infrastructure information in a manner that is 

6 not authorized under this section; and 

7 ‘‘(D) taking into account standards of the 

8 Electric Reliability Organization, facilitate vol9 untary sharing of critical electric infrastructure 

10 information with, between, and by— 

11 ‘‘(i) Federal, State, political subdivi12 sion, and tribal authorities; 

13 ‘‘(ii) the Electric Reliability Organiza14 tion; 

15 ‘‘(iii) regional entities; 

16 ‘‘(iv) information sharing and analysis 

17 centers established pursuant to Presi18 dential Decision Directive 63; 

19 ‘‘(v) owners, operators, and users of 

20 critical electric infrastructure in the United 

21 States; and 

22 ‘‘(vi) other entities determined appro23 priate by the Commission. 

24 ‘‘(3) CONSIDERATIONS.—In promulgating regu25 lations and issuing orders under paragraph (2), the 


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1 Commission shall take into consideration the role of 

2 State commissions in reviewing the prudence and 

3 cost of investments, determining the rates and terms 

4 of conditions for electric services, and ensuring the 

5 safety and reliability of the bulk-power system and 

6 distribution facilities within their respective jurisdic7 tions. 

8 ‘‘(4) PROTOCOLS.—The Commission shall, in 

9 consultation with Canadian and Mexican authorities, 

10 develop protocols for the voluntary sharing of critical 

11 electric infrastructure information with Canadian 

12 and Mexican authorities and owners, operators, and 

13 users of the bulk-power system outside the United 

14 States. 

15 ‘‘(5) NO REQUIRED SHARING OF INFORMA16 TION.—Nothing in this section shall require a person 

17 or entity in possession of critical electric infrastruc18 ture information to share such information with 

19 Federal, State, political subdivision, or tribal au20 thorities, or any other person or entity. 

21 ‘‘(6) DISCLOSURE OF NON-CRITICAL ELECTRIC

22 INFRASTRUCTURE INFORMATION.—In implementing 

23 this section, the Commission shall segregate critical 

24 electric infrastructure information within documents 

25 and electronic communications, wherever feasible, to 


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1 facilitate disclosure of information that is not des2 ignated as critical electric infrastructure informa3 tion. 

4 ‘‘(e) SECURITY CLEARANCES.—The Secretary shall 

5 facilitate and, to the extent practicable, expedite the acqui6 sition of adequate security clearances by key personnel of 

7 any entity subject to the requirements of this section, to 

8 enable optimum communication with Federal agencies re9 garding threats to the security of the critical electric infra10 structure. The Secretary, the Commission, and other ap11 propriate Federal agencies shall, to the extent practicable 

12 and consistent with their obligations to protect classified 

13 and critical electric infrastructure information, share time14 ly actionable information regarding grid security with ap15 propriate key personnel of owners, operators, and users 

16 of the critical electric infrastructure. 

17 ‘‘(f) CLARIFICATIONS OF LIABILITY.— 

18 ‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS

19 ACT.—Except as provided in paragraph (4), to the 

20 extent any action or omission taken by an entity 

21 that is necessary to comply with an order for emer22 gency measures issued under subsection (b)(1), in23 cluding any action or omission taken to voluntarily 

24 comply with such order, results in noncompliance 

25 with, or causes such entity not to comply with any 


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1 rule, order, regulation, or provision of this Act, in2 cluding any reliability standard approved by the 

3 Commission pursuant to section 215, such action or 

4 omission shall not be considered a violation of such 

5 rule, order, regulation, or provision. 

6 ‘‘(2) RELATION TO SECTION 202(c).—Except as 

7 provided in paragraph (4), an action or omission 

8 taken by an owner, operator, or user of critical elec9 tric infrastructure or of defense critical electric in10 frastructure to comply with an order for emergency 

11 measures issued under subsection (b)(1) shall be 

12 treated as an action or omission taken to comply 

13 with an order issued under section 202(c) for pur14 poses of such section. 

15 ‘‘(3) SHARING OR RECEIPT OF INFORMATION.— 

16 No cause of action shall lie or be maintained in any 

17 Federal or State court for the sharing or receipt of 

18 information under, and that is conducted in accord19 ance with, subsection (d). 

20 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection shall be construed to require dis22 missal of a cause of action against an entity that, 

23 in the course of complying with an order for emer24 gency measures issued under subsection (b)(1) by 

25 taking an action or omission for which they would 


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1 be liable but for paragraph (1) or (2), takes such ac2 tion or omission in a grossly negligent manner.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) JURISDICTION.—Section 201(b)(2) of the 

5 Federal Power Act (16 U.S.C. 824(b)(2)) is amend6 ed by inserting ‘‘215A,’’ after ‘‘215,’’ each place it 

7 appears. 

8 (2) PUBLIC UTILITY.—Section 201(e) of the 

9 Federal Power Act (16 U.S.C. 824(e)) is amended 

10 by inserting ‘‘215A,’’ after ‘‘215,’’. 

11 SEC. 1105. STRATEGIC TRANSFORMER RESERVE. 

12 (a) FINDING.—Congress finds that the storage of 

13 strategically located spare large power transformers will 

14 reduce the vulnerability of the United States to multiple 

15 risks facing electric grid reliability, including physical at16 tack, cyber attack, electromagnetic pulse, geomagnetic dis17 turbances, severe weather, and seismic events. 

18 (b) DEFINITIONS.—In this section: 

19 (1) BULK-POWER SYSTEM.—The term ‘‘bulk20 power system’’ has the meaning given such term in 

21 section 215(a) of the Federal Power Act (16 U.S.C. 

22 824o(a)). 

23 (2) CRITICALLY DAMAGED LARGE POWER

24 TRANSFORMER.—The term ‘‘critically damaged large 


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1 power transformer’’ means a large power trans2 former that— 

3 (A) has sustained extensive damage such 

4 that— 

5 (i) repair or refurbishment is not eco6 nomically viable; or 

7 (ii) the extensive time to repair or re8 furbish the large power transformer would 

9 create an extended period of instability in 

10 the bulk-power system; and 

11 (B) prior to sustaining such damage, was 

12 part of the bulk-power system. 

13 (3) ELECTRIC RELIABILITY ORGANIZATION.— 

14 The term ‘‘Electric Reliability Organization’’ has the 

15 meaning given such term in section 215(a) of the 

16 Federal Power Act (16 U.S.C. 824o(a)). 

17 (4) LARGE POWER TRANSFORMER.—The term 

18 ‘‘large power transformer’’ means a power trans19 former with a maximum nameplate rating of 100 

20 megavolt-amperes or higher, including related crit21 ical equipment, that is, or is intended to be, a part 

22 of the bulk-power system. 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Energy. 


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1 (6) SPARE LARGE POWER TRANSFORMER.—The 

2 term ‘‘spare large power transformer’’ means a large 

3 power transformer that is stored within the Stra4 tegic Transformer Reserve to be available to tempo5 rarily replace a critically damaged large power trans6 former. 

7 (c) STRATEGIC TRANSFORMER RESERVE PLAN.— 

8 (1) PLAN.—Not later than one year after the 

9 date of enactment of this Act, the Secretary, acting 

10 through the Office of Electricity Delivery and En11 ergy Reliability, shall, in consultation with the Fed12 eral Energy Regulatory Commission, the Electricity 

13 Sub-sector Coordinating Council, and the Electric 

14 Reliability Organization, prepare and submit to Con15 gress a plan to establish a Strategic Transformer 

16 Reserve for the storage, in strategically located fa17 cilities, of spare large power transformers in suffi18 cient numbers to temporarily replace critically dam19 aged large power transformers. 

20 (2) INCLUSIONS.—The Strategic Transformer 

21 Reserve plan shall include a description of— 

22 (A) the appropriate number and type of 

23 spare large power transformers necessary to 

24 provide or restore sufficient resiliency to the 


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1 bulk-power system to mitigate significant im2 pacts to the electric grid resulting from— 

3 (i) physical attack; 

4 (ii) cyber attack; 

5 (iii) electromagnetic pulse attack; 

6 (iv) geomagnetic disturbances; 

7 (v) severe weather; or 

8 (vi) seismic events; 

9 (B) other critical electric grid equipment 

10 for which an inventory of spare equipment is 

11 necessary to provide or restore sufficient resil12 iency to the bulk-power system; 

13 (C) the degree to which utility sector ac14 tions or initiatives, including individual utility 

15 ownership of spare equipment, joint ownership 

16 of spare equipment inventory, sharing agree17 ments, or other spare equipment reserves or ar18 rangements, satisfy the needs identified under 

19 subparagraphs (A) and (B); 

20 (D) the potential locations for, and feasi21 bility and appropriate number of, strategic stor22 age locations for reserve equipment, including 

23 consideration of— 

24 (i) the physical security of such loca25 tions; 


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1 (ii) the protection of the confiden2 tiality of such locations; and 

3 (iii) the proximity of such locations to 

4 sites of potentially critically damaged large 

5 power transformers, so as to enable effi6 cient delivery of spare large power trans7 formers to such sites; 

8 (E) the necessary degree of flexibility of 

9 spare large power transformers to be included 

10 in the Strategic Transformer Reserve to con11 form to different substation configurations, in12 cluding consideration of transformer— 

13 (i) power and voltage rating for each 

14 winding; 

15 (ii) overload requirements; 

16 (iii) impedance between windings; 

17 (iv) configuration of windings; and 

18 (v) tap requirements; 

19 (F) an estimate of the direct cost of the 

20 Strategic Transformer Reserve, as proposed, in21 cluding— 

22 (i) the cost of storage facilities for the 

23 spare large power transformers; 

24 (ii) the cost of the spare large power 

25 transformers; and 


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1 (iii) management, maintenance, and 

2 operation costs; 

3 (G) the funding options available to estab4 lish, stock, manage, and maintain the Strategic 

5 Transformer Reserve, including consideration of 

6 fees on owners of bulk-power system facilities 

7 relying on the Strategic Transformer Reserve, 

8 use of Federal appropriations, and public-pri9 vate cost-sharing options; 

10 (H) the ease and speed of transportation, 

11 installation, and energization of spare large 

12 power transformers to be included in the Stra13 tegic Transformer Reserve, including consider14 ation of factors such as— 

15 (i) transformer transportation weight; 

16 (ii) transformer size; 

17 (iii) topology of critical substations; 

18 (iv) availability of appropriate trans19 former mounting pads; 

20 (v) flexibility of the spare large power 

21 transformers as described in subparagraph 

22 (E); and 

23 (vi) ability to rapidly transition a 

24 spare large power transformer from stor25 age to energization; 


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1 (I) eligibility criteria for withdrawal of 

2 spare large power transformers from the Stra3 tegic Transformer Reserve to replace critically 

4 damaged large power transformers; 

5 (J) the process by which owners of criti6 cally damaged large power transformers may 

7 apply for a withdrawal from the Strategic 

8 Transformer Reserve; 

9 (K) the process by which spare large power 

10 transformers withdrawn from the Strategic 

11 Transformer Reserve are returned to the Stra12 tegic Transformer Reserve or are replaced; 

13 (L) possible fees to be paid by owners of 

14 critically damaged large power transformers 

15 that have withdrawn such spare large power 

16 transformers from the Strategic Transformer 

17 Reserve; 

18 (M) possible fees to be paid by owners of 

19 large power transformers to cover operating 

20 costs of the Strategic Transformer Reserve; 

21 (N) the domestic and international large 

22 power transformer supply chain; and 

23 (O) other considerations for designing, 

24 constructing, stocking, funding, and managing 

25 the Strategic Transformer Reserve. 


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1 (d) ESTABLISHMENT.—The Secretary may establish 

2 a Strategic Transformer Reserve in accordance with the 

3 plan prepared pursuant to subsection (c) after the date 

4 that is 6 months after the date on which such plan is sub5 mitted to Congress. 

6 (e) DISCLOSURE OF INFORMATION.—Any informa7 tion included in the Strategic Transformer Reserve plan, 

8 or shared in the preparation and development of such 

9 plan, the disclosure of which could cause harm to critical 

10 electric infrastructure (as defined in section 215A of the 

11 Federal Power Act), shall be exempt from disclosure under 

12 section 552(b)(3) of title 5, United States Code, and any 

13 State, tribal, or local law requiring disclosure of informa14 tion or records. 

15 SEC. 1106. CYBER SENSE. 

16 (a) IN GENERAL.—The Secretary of Energy shall es17 tablish a voluntary Cyber Sense program to identify and 

18 promote cyber-secure products intended for use in the 

19 bulk-power system, as defined in section 215(a) of the 

20 Federal Power Act (16 U.S.C. 824o(a)). 

21 (b) PROGRAM REQUIREMENTS.—In carrying out sub22 section (a), the Secretary of Energy shall— 

23 (1) establish a Cyber Sense testing process to 

24 identify products and technologies intended for use 

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1 ing to industrial control systems, such as supervisory 

2 control and data acquisition systems; 

3 (2) for products tested and identified under the 

4 Cyber Sense program, establish and maintain cyber5 security vulnerability reporting processes and a re6 lated database; 

7 (3) promulgate regulations regarding vulner8 ability reporting processes for products tested and 

9 identified under the Cyber Sense program; 

10 (4) provide technical assistance to utilities, 

11 product manufacturers, and other electric sector 

12 stakeholders to develop solutions to mitigate identi13 fied vulnerabilities in products tested and identified 

14 under the Cyber Sense program; 

15 (5) biennially review products tested and identi16 fied under the Cyber Sense program for 

17 vulnerabilities and provide analysis with respect to 

18 how such products respond to and mitigate cyber 

19 threats; 

20 (6) develop procurement guidance for utilities 

21 for products tested and identified under the Cyber 

22 Sense program; 

23 (7) provide reasonable notice to the public, and 

24 solicit comments from the public, prior to estab25 lishing or revising the Cyber Sense testing process; 


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1 (8) oversee Cyber Sense testing carried out by 

2 third parties; and 

3 (9) consider incentives to encourage the use in 

4 the bulk-power system of products tested and identi5 fied under the Cyber Sense program. 

6 (c) DISCLOSURE OF INFORMATION.—Any vulner7 ability reported pursuant to regulations promulgated 

8 under subsection (b)(3), the disclosure of which could 

9 cause harm to critical electric infrastructure (as defined 

10 in section 215A of the Federal Power Act), shall be ex11 empt from disclosure under section 552(b)(3) of title 5, 

12 United States Code, and any State, tribal, or local law 

13 requiring disclosure of information or records. 

14 (d) FEDERAL GOVERNMENT LIABILITY.—Consistent 

15 with other voluntary Federal Government certification 

16 programs, nothing in this section shall be construed to au17 thorize the commencement of an action against the United 

18 States Government with respect to the testing and identi19 fication of a product under the Cyber Sense program. 

20 SEC. 1107. STATE COVERAGE AND CONSIDERATION OF 

21 PURPA STANDARDS FOR ELECTRIC UTILI22 TIES. 

23 (a) STATE CONSIDERATION OF RESILIENCY AND AD24 VANCED ENERGY ANALYTICS TECHNOLOGIES AND RELI25 ABLE GENERATION.— 


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1 (1) CONSIDERATION.—Section 111(d) of the 

2 Public Utility Regulatory Policies Act of 1978 (16 

3 U.S.C. 2621(d)) is amended by adding the following 

4 at the end: 

5 ‘‘(20) IMPROVING THE RESILIENCE OF ELEC6 TRIC INFRASTRUCTURE.— 

7 ‘‘(A) IN GENERAL.—Each electric utility 

8 shall develop a plan to use resiliency-related 

9 technologies and other approaches designed to 

10 improve the resilience of electric infrastructure, 

11 mitigate power outages, continue delivery of 

12 vital services, and maintain the flow of power to 

13 facilities critical to public health, safety, and 

14 welfare, to the extent practicable using the most 

15 current data, metrics, and frameworks related 

16 to current and future threats, including phys17 ical and cyber attacks, electromagnetic pulse at18 tacks, geomagnetic disturbances, seismic events, 

19 and severe weather and other environmental 

20 stressors. 

21 ‘‘(B) RESILIENCY-RELATED TECH22 NOLOGIES.—For purposes of this paragraph, 

23 examples of resiliency-related technologies in24 clude— 


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1 ‘‘(i) advanced grid technologies capa2 ble of isolating or repairing problems re3 motely, such as advanced metering infra4 structure, high-tech sensors, grid moni5 toring and control systems, and remote re6 configuration and redundancy systems; 

7 ‘‘(ii) all types of distributed and back8 up generation; 

9 ‘‘(iii) microgrids; 

10 ‘‘(iv) combined heat and power; 

11 ‘‘(v) waste heat resources; 

12 ‘‘(vi) energy storage technologies; 

13 ‘‘(vii) wiring, cabling, and other dis14 tribution components, including submers15 ible distribution components, and enclo16 sures; 

17 ‘‘(viii) electronically controlled re18 closers and similar technologies for power 

19 restoration; and 

20 ‘‘(ix) advanced energy analytics tech21 nology (as described in paragraph (21)). 

22 ‘‘(C) RATE RECOVERY.—Each State regu23 latory authority (with respect to each electric 

24 utility for which it has ratemaking authority) 

25 shall consider authorizing each such electric 


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1 utility to recover any capital, operating expendi2 ture, or other costs of the electric utility related 

3 to the procurement, deployment, or use of resil4 iency-related technologies, including a reason5 able rate of return on the capital expenditures 

6 of the electric utility for the procurement, de7 ployment, or use of resiliency-related tech8 nologies. 

9 ‘‘(21) PROMOTING INVESTMENTS IN ADVANCED

10 ENERGY ANALYTICS TECHNOLOGY.— 

11 ‘‘(A) IN GENERAL.—Each electric utility 

12 shall develop and implement a plan for deploy13 ing advanced energy analytics technology. 

14 ‘‘(B) RATE RECOVERY.—Each State regu15 latory authority (with respect to each electric 

16 utility for which it has ratemaking authority) 

17 shall consider confirming and clarifying, if nec18 essary, that each such electric utility is author19 ized to recover the costs of the electric utility 

20 relating to the procurement, deployment, or use 

21 of advanced energy analytics technology, includ22 ing a reasonable rate of return on all such costs 

23 incurred by the electric utility for the procure24 ment, deployment, or use of advanced energy 

25 analytics technology, provided such technology 


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1 is used by the electric utility for purposes of re2 alizing operational efficiencies, cost savings, en3 hanced energy management and customer en4 gagement, improvements in system reliability, 

5 safety, and cybersecurity, or other benefits to 

6 ratepayers. 

7 ‘‘(C) ADVANCED ENERGY ANALYTICS

8 TECHNOLOGY.—For purposes of this para9 graph, examples of advanced energy analytics 

10 technology include Internet-based and cloud11 based computing solutions and subscription li12 censing models, including software as a service 

13 that uses cyber-physical systems to allow the 

14 correlation of data aggregated from appropriate 

15 data sources and smart grid sensor networks, 

16 employs analytics and machine learning, or em17 ploys other advanced computing solutions and 

18 models. 

19 ‘‘(22) ASSURING ELECTRIC RELIABILITY WITH

20 RELIABLE GENERATION.— 

21 ‘‘(A) ASSURANCE OF ELECTRIC RELI22 ABILITY.—Each electric utility shall adopt or 

23 modify policies to ensure that such electric util24 ity incorporates reliable generation into its inte25 grated resource plan to assure the availability 


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1 of electric energy over a 10-year planning pe2 riod. 

3 ‘‘(B) RELIABLE GENERATION.—For pur4 poses of this paragraph, ‘reliable generation’ 

5 means electric generation facilities with reli6 ability attributes that include— 

7 ‘‘(i) operational characteristics that 

8 enable the generation of electric energy on 

9 a continuous basis; 

10 ‘‘(ii) in order to generate electric en11 ergy on a continuous basis— 

12 ‘‘(I) possession of adequate fuel 

13 on-site; 

14 ‘‘(II) the operational ability to 

15 generate electric energy from more 

16 than one fuel source; or 

17 ‘‘(III) fuel certainty, through 

18 contractual obligations, that ensures 

19 adequate fuel supply; 

20 ‘‘(iii) operational characteristics that 

21 enable the generation of electric energy 

22 during emergency and severe weather con23 ditions; and 


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1 ‘‘(iv) essential reliability services, in2 cluding frequency support and voltage sup3 port, to maintain electric reliability.’’. 

4 (2) COMPLIANCE.— 

5 (A) TIME LIMITATIONS.—Section 112(b) 

6 of the Public Utility Regulatory Policies Act of 

7 1978 (16 U.S.C. 2622(b)) is amended by add8 ing at the end the following: 

9 ‘‘(7)(A) Not later than 1 year after the date of 

10 enactment of this paragraph, each State regulatory 

11 authority (with respect to each electric utility for 

12 which it has ratemaking authority) and each non13 regulated electric utility shall commence the consid14 eration referred to in section 111, or set a hearing 

15 date for consideration, with respect to the standards 

16 established by paragraphs (20) and (22) of section 

17 111(d). 

18 ‘‘(B) Not later than 2 years after the date of 

19 the enactment of this paragraph, each State regu20 latory authority (with respect to each electric utility 

21 for which it has ratemaking authority) and each 

22 nonregulated electric utility shall complete the con23 sideration, and shall make the determination, re24 ferred to in section 111 with respect to each standVerDate Sep 11 2014 02:10 Sep 17, 2015 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H8.IH H8

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1 ard established by paragraphs (20) and (22) of sec2 tion 111(d). 

3 ‘‘(8)(A) Not later than 6 months after the date 

4 of enactment of this paragraph, each State regu5 latory authority (with respect to each electric utility 

6 for which it has ratemaking authority) and each 

7 nonregulated electric utility shall commence the con8 sideration referred to in section 111, or set a hear9 ing date for consideration, with respect to the stand10 ard established by paragraph (21) of section 111(d). 

11 ‘‘(B) Not later than 1 year after the date of en12 actment of this paragraph, each State regulatory au13 thority (with respect to each electric utility for which 

14 it has ratemaking authority) and each nonregulated 

15 electric utility shall complete the consideration, and 

16 shall make the determination, referred to in section 

17 111 with respect to the standard established by 

18 paragraph (21) of section 111(d).’’. 

19 (B) FAILURE TO COMPLY.—Section 112(c) 

20 of the Public Utility Regulatory Policies Act of 

21 1978 (16 U.S.C. 2622(c)) is amended by add22 ing the following at the end: ‘‘In the case of the 

23 standards established by paragraphs (20) 

24 through (22) of section 111(d), the reference 

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1 actment of this Act shall be deemed to be a ref2 erence to the date of enactment of such para3 graphs.’’. 

4 (C) PRIOR STATE ACTIONS.—Section 112 

5 of the Public Utility Regulatory Policies Act of 

6 1978 (16 U.S.C. 2622(d)) is amended by add7 ing at the end the following new subsection: 

8 ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 

9 (c) of this section shall not apply to a standard established 

10 by paragraph (20), (21), or (22) of section 111(d) in the 

11 case of any electric utility in a State if— 

12 ‘‘(1) before the date of enactment of this sub13 section, the State has implemented for such utility 

14 the standard concerned (or a comparable standard); 

15 ‘‘(2) the State regulatory authority for such 

16 State or relevant nonregulated electric utility has 

17 conducted a proceeding to consider implementation 

18 of the standard concerned (or a comparable stand19 ard) for such utility during the 3-year period ending 

20 on the date of enactment of this subsection; or 

21 ‘‘(3) the State legislature has voted on the im22 plementation of the standard concerned (or a com23 parable standard) for such utility during the 3-year 

24 period ending on the date of enactment of this sub25 section.’’. 


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1 (b) COVERAGE FOR COMPETITIVE MARKETS.—Sec2 tion 102 of the Public Utility Regulatory Policies Act of 

3 1978 (16 U.S.C. 2612) is amended by adding at the end 

4 the following: 

5 ‘‘(d) The requirements of this title do not apply to 

6 the operations of an electric utility, or to proceedings re7 specting such operations, to the extent that such oper8 ations or proceedings relate to the competitive sale of re9 tail electric energy that is unbundled or separated from 

10 the regulated provision or sale of distribution service.’’. 

11 TITLE II—21ST CENTURY 

12 WORKFORCE 

13 SEC. 2101. ENERGY AND MANUFACTURING WORKFORCE DE14 VELOPMENT. 

15 (a) IN GENERAL.—The Secretary of Energy (in this 

16 section referred to as the ‘‘Secretary’’) shall establish and 

17 carry out a comprehensive program to improve education 

18 and training for energy and manufacturing-related jobs in 

19 order to increase the number of skilled workers trained 

20 to work in energy and manufacturing-related fields, in21 cluding by— 

22 (1) encouraging underrepresented groups, in23 cluding religious and ethnic minorities, women, vet24 erans, individuals with disabilities, and 

25 socioeconomically disadvantaged individuals to enter 


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1 into the science, technology, engineering, and mathe2 matics (in this section referred to as ‘‘STEM’’) 

3 fields; 

4 (2) encouraging the Nation’s education system 

5 to equip students with the skills, mentorships, train6 ing, and technical expertise necessary to fill the em7 ployment opportunities vital to managing and oper8 ating the Nation’s energy and manufacturing indus9 tries; 

10 (3) providing students and other candidates for 

11 employment with the necessary skills and certifi12 cations for skilled, semiskilled, and highly skilled en13 ergy and manufacturing-related jobs; and 

14 (4) strengthening and more fully engaging De15 partment of Energy programs and labs in carrying 

16 out the Department’s Minorities in Energy Initia17 tive. 

18 (b) PRIORITY.—The Secretary shall make educating 

19 and training underrepresented groups for energy and 

20 manufacturing-related jobs a national priority under the 

21 program established under subsection (a). 

22 (c) DIRECT ASSISTANCE.—In carrying out the pro23 gram established under subsection (a), the Secretary shall 

24 provide direct assistance (including financial assistance 

25 awards, technical expertise, wraparound services, career 


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1 coaching, mentorships, internships, and partnerships) to 

2 schools, community colleges, workforce development orga3 nizations, nonprofit organizations, labor organizations, ap4 prenticeship programs, and minority serving institutions. 

5 The Secretary shall distribute direct assistance in a man6 ner proportional to energy and manufacturing industry 

7 needs and demand for jobs, consistent with information 

8 obtained under subsections (e)(3) and (i). 

9 (d) CLEARINGHOUSE.—In carrying out the program 

10 established under subsection (a), the Secretary shall estab11 lish a clearinghouse to— 

12 (1) maintain and update information and re13 sources on training and workforce development pro14 grams for energy and manufacturing-related jobs; 

15 and 

16 (2) act as a resource, and provide guidance, for 

17 schools, community colleges, universities (including 

18 minority serving institutions), workforce develop19 ment programs, labor management organizations, 

20 and industry organizations that would like to de21 velop and implement energy and manufacturing-re22 lated training programs. 

23 (e) COLLABORATION.—In carrying out the program 

24 established under subsection (a), the Secretary— 


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1 (1) shall collaborate with schools, community 

2 colleges, universities (including minority serving in3 stitutions), workforce training organizations, na4 tional laboratories, unions, State energy offices, 

5 workforce investment boards, and the energy and 

6 manufacturing industries; 

7 (2) shall encourage and foster collaboration, 

8 mentorships, and partnerships among organizations 

9 (including unions, industry, schools, community col10 leges, workforce development organizations, and col11 leges and universities) that currently provide effec12 tive job training programs in the energy and manu13 facturing fields and institutions (including schools, 

14 community colleges, workforce development pro15 grams, and colleges and universities) that seek to es16 tablish these types of programs in order to share 

17 best practices and approaches that best suit local, 

18 State, and national needs; and 

19 (3) shall collaborate with the Bureau of Labor 

20 Statistics, the Department of Commerce, the Bureau 

21 of the Census, and the energy and manufacturing 

22 industries to develop a comprehensive and detailed 

23 understanding of the energy and manufacturing 

24 workforce needs and opportunities by State and by 

25 region, and publish an annual report on energy and 


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1 manufacturing job creation by the sectors enumer2 ated in subsection (i). 

3 (f) GUIDELINES FOR EDUCATIONAL INSTITU4 TIONS.— 

5 (1) IN GENERAL.—In carrying out the program 

6 established under subsection (a), the Secretary, in 

7 collaboration with the Secretary of Education, the 

8 Secretary of Commerce, the Secretary of Labor, the 

9 National Science Foundation, and industry shall de10 velop voluntary guidelines and best practices for 

11 educational institutions of all levels, including for el12 ementary and secondary schools and community col13 leges and for undergraduate, graduate, and post14 graduate university programs, to help provide grad15 uates with the skills necessary to work in energy and 

16 manufacturing-related jobs. 

17 (2) INPUT.—The Secretary shall solicit input 

18 from the oil, gas, coal, renewable, nuclear, utility, 

19 energy-intensive and advanced manufacturing, and 

20 pipeline industries in developing guidelines under 

21 paragraph (1). 

22 (3) ENERGY AND MANUFACTURING EFFICIENCY

23 AND CONSERVATION INITIATIVES.—The guidelines 

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1 turing efficiency and conservation initiatives to edu2 cate students and families. 

3 (4) STEM EDUCATION.—The guidelines devel4 oped under paragraph (1) shall promote STEM edu5 cation as it relates to job opportunities in energy 

6 and manufacturing-related fields of study in schools, 

7 community colleges, and universities nationally. 

8 (g) OUTREACH TO MINORITY SERVING INSTITU9 TIONS.—In carrying out the program established under 

10 subsection (a), the Secretary shall— 

11 (1) give special consideration to increasing out12 reach to minority serving institutions (including his13 torically black colleges and universities, predomi14 nantly black institutions, Hispanic serving institu15 tions, and tribal institutions); 

16 (2) make resources available to minority serving 

17 institutions with the objective of increasing the num18 ber of skilled minorities and women trained to go 

19 into the energy and manufacturing sectors; 

20 (3) encourage industry to improve the opportu21 nities for students of minority serving institutions to 

22 participate in industry internships and cooperative 

23 work/study programs; and 

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1 ticipation in internships, fellowships, traineeships, 

2 and employment at all Department of Energy lab3 oratories. 

4 (h) OUTREACH TO DISPLACED AND UNEMPLOYED

5 ENERGY AND MANUFACTURING WORKERS.—In carrying 

6 out the program established under subsection (a), the Sec7 retary shall— 

8 (1) give special consideration to increasing out9 reach to employers and job trainers preparing dis10 placed and unemployed energy and manufacturing 

11 workers for emerging energy and manufacturing 

12 jobs; 

13 (2) make resources available to institutions 

14 serving displaced and unemployed energy and manu15 facturing workers with the objective of training indi16 viduals to re-enter the energy and manufacturing 

17 workforce; and 

18 (3) encourage the energy and manufacturing in19 dustries to improve opportunities for displaced and 

20 unemployed energy and manufacturing workers to 

21 participate in internships and cooperative work/study 

22 programs. 

23 (i) GUIDELINES TO DEVELOP SKILLS FOR AN EN24 ERGY AND MANUFACTURING INDUSTRY WORKFORCE.—In 

25 carrying out the program established under subsection (a), 


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1 the Secretary shall collaborate with representatives from 

2 the energy and manufacturing industries (including the 

3 oil, gas, coal, nuclear, utility, pipeline, renewable, petro4 chemical, manufacturing, and electrical construction sec5 tors) to identify the areas of highest need in each sector 

6 and to develop guidelines for the skills necessary to de7 velop a workforce trained to go into the following sectors 

8 of the energy and manufacturing sectors: 

9 (1) Energy efficiency industry, including work 

10 in energy efficiency, conservation, weatherization, or 

11 retrofitting, or as inspectors or auditors. 

12 (2) Pipeline industry, including work in pipeline 

13 construction and maintenance or work as engineers 

14 or technical advisors. 

15 (3) Utility industry, including work in the gen16 eration, transmission, and distribution of electricity 

17 and natural gas, such as utility technicians, opera18 tors, lineworkers, engineers, scientists, and informa19 tion technology specialists. 

20 (4) Alternative fuels, including work in biofuel 

21 development and production. 

22 (5) Nuclear industry, including work as sci23 entists, engineers, technicians, mathematicians, or 

24 security personnel. 


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1 (6) Oil and gas industry, including work as sci2 entists, engineers, technicians, mathematicians, pe3 trochemical engineers, or geologists. 

4 (7) Renewable industry, including work in the 

5 development, manufacturing, and production of re6 newable energy sources (such as solar, hydropower, 

7 wind, or geothermal energy). 

8 (8) Coal industry, including work as coal min9 ers, engineers, developers and manufacturers of 

10 state-of-the-art coal facilities, technology vendors, 

11 coal transportation workers and operators, or mining 

12 equipment vendors. 

13 (9) Manufacturing industry, including work as 

14 operations technicians, operations and design in ad15 ditive manufacturing, 3–D printing, advanced com16 posites, and advanced aluminum and other metal al17 loys, industrial energy efficiency management sys18 tems, including power electronics, and other innova19 tive technologies. 

20 (10) Chemical manufacturing industry, includ21 ing work in construction (such as welders, pipe22 fitters, and tool and die makers) or as instrument 

23 and electrical technicians, machinists, chemical proc24 ess operators, chemical engineers, quality and safety 

25 professionals, and reliability engineers. 


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1 (j) ENROLLMENT IN TRAINING AND APPRENTICE2 SHIP PROGRAMS.—In carrying out the program estab3 lished under subsection (a), the Secretary shall work with 

4 industry, organized labor, and community-based workforce 

5 organizations to help identify students and other can6 didates, including from underrepresented communities 

7 such as minorities, women, and veterans, to enroll into 

8 training and apprenticeship programs for energy and 

9 manufacturing-related jobs. 

10 TITLE III—ENERGY SECURITY 

11 AND DIPLOMACY 

12 SEC. 3101. SENSE OF CONGRESS. 

13 Congress finds the following: 

14 (1) North America’s energy revolution has sig15 nificantly enhanced energy security in the United 

16 States, and fundamentally changed the Nation’s en17 ergy future from that of scarcity to abundance. 

18 (2) North America’s energy abundance has in19 creased global energy supplies and reduced the price 

20 of energy for consumers in the United States and 

21 abroad. 

22 (3) Allies and trading partners of the United 

23 States, including in Europe and Asia, are seeking 

24 stable and affordable energy supplies from North 

25 America to enhance their energy security. 


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1 (4) The United States has an opportunity to 

2 improve its energy security and promote greater sta3 bility and affordability of energy supplies for its al4 lies and trading partners through a more integrated, 

5 secure, and competitive North American energy sys6 tem. 

7 (5) The United States also has an opportunity 

8 to promote such objectives by supporting the free 

9 flow of energy commodities and more open, trans10 parent, and competitive global energy markets, and 

11 through greater Federal agency coordination relating 

12 to regulations or agency actions that significantly af13 fect the supply, distribution, or use of energy. 

14 SEC. 3102. ENERGY SECURITY VALUATION. 

15 (a) ESTABLISHMENT OF ENERGY SECURITY VALU16 ATION METHODS.—Not later than one year after the date 

17 of enactment of this Act, the Secretary of Energy, in col18 laboration with the Secretary of State, shall develop and 

19 transmit, after public notice and comment, to the Com20 mittee on Energy and Commerce and the Committee on 

21 Foreign Affairs of the House of Representatives and the 

22 Committee on Energy and Natural Resources and the 

23 Committee on Foreign Relations of the Senate a report 

24 that develops recommended United States energy security 

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1 taries may consider the recommendations of the Adminis2 tration’s Quadrennial Energy Review released on April 21, 

3 2015. The report shall— 

4 (1) evaluate and define United States energy 

5 security to reflect modern domestic and global en6 ergy markets and the collective needs of the United 

7 States and its allies and partners; 

8 (2) identify transparent and uniform or coordi9 nated procedures and criteria to ensure that energy10 related actions that significantly affect the supply, 

11 distribution, or use of energy are evaluated with re12 spect to their potential impact on energy security, 

13 including their impact on— 

14 (A) consumers and the economy; 

15 (B) energy supply diversity and resiliency; 

16 (C) well-functioning and competitive en17 ergy markets; 

18 (D) United States trade balance; and 

19 (E) national security objectives; and 

20 (3) include a recommended implementation 

21 strategy that identifies and aims to ensure that the 

22 procedures and criteria referred to in paragraph (2) 

23 are— 

24 (A) evaluated consistently across the Fed25 eral Government; and 


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1 (B) weighed appropriately and balanced 

2 with environmental considerations required by 

3 Federal law. 

4 (b) PARTICIPATION.—In developing the report re5 ferred to in subsection (a), the Secretaries may consult 

6 with relevant Federal, State, private sector, and inter7 national participants, as appropriate and consistent with 

8 applicable law. 

9 SEC. 3103. NORTH AMERICAN ENERGY SECURITY PLAN. 

10 (a) REQUIREMENT.—Not later than one year after 

11 the date of enactment of this Act, the Secretary of Energy, 

12 in collaboration with the Secretary of State, shall develop 

13 and transmit to the Committee on Energy and Commerce 

14 and the Committee on Foreign Affairs of the House of 

15 Representatives and the Committee on Energy and Nat16 ural Resources and the Committee on Foreign Relations 

17 of the Senate the plan described in subsection (b). 

18 (b) PURPOSE.—The plan referred to in subsection (a) 

19 shall include— 

20 (1) a recommended framework and implementa21 tion strategy to— 

22 (A) improve planning and coordination 

23 with Canada and Mexico to enhance energy in24 tegration, strengthen North American energy 

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1 ration, production, storage, supply, distribution, 

2 marketing, pricing, and regulation of North 

3 American energy resources; and 

4 (B) address— 

5 (i) North American energy public 

6 data, statistics, and mapping collaboration; 

7 (ii) responsible and sustainable best 

8 practices for the development of unconven9 tional oil and natural gas; and 

10 (iii) modern, resilient energy infra11 structure for North America, including 

12 physical infrastructure as well as institu13 tional infrastructure such as policies, regu14 lations, and practices relating to energy de15 velopment; and 

16 (2) a recommended framework and implementa17 tion strategy to improve collaboration with Carib18 bean and Central American partners on energy secu19 rity, including actions to support— 

20 (A) more open, transparent, and competi21 tive energy markets; 

22 (B) regulatory capacity building; 

23 (C) improvements to energy transmission 

24 and storage; and 


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1 (D) improvements to the performance of 

2 energy infrastructure and efficiency. 

3 (c) PARTICIPATION.—In developing the plan referred 

4 to in subsection (a), the Secretaries may consult with 

5 other Federal, State, private sector, and international par6 ticipants, as appropriate and consistent with applicable 

7 law. 

8 SEC. 3104. COLLECTIVE ENERGY SECURITY. 

9 (a) IN GENERAL.—The Secretary of Energy and the 

10 Secretary of State shall collaborate to strengthen domestic 

11 energy security and the energy security of the allies and 

12 trading partners of the United States, including through 

13 actions that support or facilitate— 

14 (1) energy diplomacy; 

15 (2) the delivery of United States assistance, in16 cluding energy resources and technologies, to pre17 vent or mitigate an energy security crisis; 

18 (3) the development of environmentally and 

19 commercially sustainable energy resources; 

20 (4) open, transparent, and competitive energy 

21 markets; and 

22 (5) regulatory capacity building. 

23 (b) ENERGY SECURITY FORUMS.—Not later than one 

24 year after the date of enactment of this Act, the Secretary 

25 of Energy, in collaboration with the Secretary of State, 


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1 shall convene not less than 2 forums to promote the collec2 tive energy security of the United States and its allies and 

3 trading partners. The forums shall include participation 

4 by the Secretary of Energy and the Secretary of State. 

5 In addition, an invitation shall be extended to— 

6 (1) appropriate representatives of foreign gov7 ernments that are allies or trading partners of the 

8 United States; and 

9 (2) independent experts and industry represent10 atives. 

11 (c) REQUIREMENTS.—The forums shall— 

12 (1) consist of at least one Trans-Atlantic and 

13 one Trans-Pacific energy security forum; 

14 (2) be designed to foster dialogue among gov15 ernment officials, independent experts, and industry 

16 representatives regarding— 

17 (A) the current state of global energy mar18 kets; 

19 (B) trade and investment issues relevant to 

20 energy; and 

21 (C) barriers to more open, competitive, and 

22 transparent energy markets; and 

23 (3) be recorded and made publically available 

24 on the Department of Energy’s website, including, 


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1 not later than 30 days after each forum, publication 

2 on the website any significant outcomes. 

3 (d) NOTIFICATION.—At least 30 days before each of 

4 the forums referred to in subsection (b), the Secretary of 

5 Energy shall send a notification regarding the forum to— 

6 (1) the chair and the ranking minority member 

7 of the Committee on Energy and Commerce and the 

8 Committee on Foreign Affairs of the House of Rep9 resentatives; and 

10 (2) the chair and ranking minority member of 

11 the Committee on Energy and Natural Resources 

12 and the Committee on Foreign Relations of the Sen13 ate. 

14 SEC. 3105. STRATEGIC PETROLEUM RESERVE MISSION 

15 READINESS PLAN. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Secretary of Energy shall conduct a long18 range strategic review of the Strategic Petroleum Reserve 

19 and develop and transmit to Congress a plan that includes 

20 an analysis and implementation schedule that— 

21 (1) specifies near-term and long-term roles of 

22 the Strategic Petroleum Reserve relative to United 

23 States energy security and economic goals and objec24 tives; 


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1 (2) describes existing legal authorities gov2 erning the policies, configuration, and capabilities of 

3 the Strategic Petroleum Reserve; 

4 (3) identifies Strategic Petroleum Reserve con5 figuration and performance capabilities and rec6 ommends an action plan to achieve the optimal— 

7 (A) capacity, location, and composition of 

8 petroleum products in the Reserve; and 

9 (B) storage and distributional capabilities; 

10 and 

11 (4) estimates the resources required to attain 

12 and maintain the Strategic Petroleum Reserve’s 

13 long-term sustainability and operational effective14 ness. 

15 TITLE IV—ENERGY EFFICIENCY 

16 AND ACCOUNTABILITY 

17 Subtitle A—Energy Efficiency 

18 CHAPTER 1—FEDERAL AGENCY ENERGY 

19 EFFICIENCY 

20 SEC. 4111. ENERGY-EFFICIENT AND ENERGY-SAVING IN21 FORMATION TECHNOLOGIES. 

22 (a) AMENDMENT.—Subtitle C of title V of the En23 ergy Independence and Security Act of 2007 (Public Law 

24 110–140; 121 Stat. 1661) is amended by adding at the 

25 end the following: 


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1 ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR2 MATION TECHNOLOGIES. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

5 the Director of the Office of Management and Budg6 et. 

7 ‘‘(2) INFORMATION TECHNOLOGY.—The term 

8 ‘information technology’ has the meaning given that 

9 term in section 11101 of title 40, United States 

10 Code. 

11 ‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT12 EGY.—Not later than 1 year after the date of enactment 

13 of this section, each Federal agency shall coordinate with 

14 the Director, the Secretary, and the Administrator of the 

15 Environmental Protection Agency to develop an implemen16 tation strategy (that includes best practices and measure17 ment and verification techniques) for the maintenance, 

18 purchase, and use by the Federal agency of energy-effi19 cient and energy-saving information technologies, taking 

20 into consideration the performance goals established under 

21 subsection (d). 

22 ‘‘(c) ADMINISTRATION.—In developing an implemen23 tation strategy under subsection (b), each Federal agency 

24 shall consider— 

25 ‘‘(1) advanced metering infrastructure; 


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1 ‘‘(2) energy-efficient data center strategies and 

2 methods of increasing asset and infrastructure utili3 zation; 

4 ‘‘(3) advanced power management tools; 

5 ‘‘(4) building information modeling, including 

6 building energy management; 

7 ‘‘(5) secure telework and travel substitution 

8 tools; and 

9 ‘‘(6) mechanisms to ensure that the agency re10 alizes the energy cost savings brought about through 

11 increased efficiency and utilization. 

12 ‘‘(d) PERFORMANCE GOALS.— 

13 ‘‘(1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this section, the Di15 rector, in consultation with the Secretary, shall es16 tablish performance goals for evaluating the efforts 

17 of Federal agencies in improving the maintenance, 

18 purchase, and use of energy-efficient and energy-sav19 ing information technology. 

20 ‘‘(2) BEST PRACTICES.—The Chief Information 

21 Officers Council established under section 3603 of 

22 title 44, United States Code, shall recommend best 

23 practices for the attainment of the performance 

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1 ation of, to the extent applicable by law, the use 

2 of— 

3 ‘‘(A) energy savings performance con4 tracting; and 

5 ‘‘(B) utility energy services contracting. 

6 ‘‘(e) REPORTS.— 

7 ‘‘(1) AGENCY REPORTS.—Each Federal agency 

8 shall include in the report of the agency under sec9 tion 527 a description of the efforts and results of 

10 the agency under this section. 

11 ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS

12 AND SCORECARDS.—Effective beginning not later 

13 than October 1, 2017, the Director shall include in 

14 the annual report and scorecard of the Director re15 quired under section 528 a description of the efforts 

16 and results of Federal agencies under this section.’’. 

17 (b) CONFORMING AMENDMENT.—The table of con18 tents for the Energy Independence and Security Act of 

19 2007 is amended by adding after the item relating to sec20 tion 529 the following: 

‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. 

21 SEC. 4112. ENERGY EFFICIENT DATA CENTERS. 

22 Section 453 of the Energy Independence and Security 

23 Act of 2007 (42 U.S.C. 17112) is amended— 


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1 (1) in subsection (b)(2)(D)(iv), by striking ‘‘de2 termined by the organization’’ and inserting ‘‘pro3 posed by the stakeholders’’; 

4 (2) by striking subsection (b)(3); and 

5 (3) by striking subsections (c) through (g) and 

6 inserting the following: 

7 ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 

8 and the Administrator shall carry out subsection (b) in 

9 collaboration with information technology industry and 

10 other key stakeholders, with the goal of producing results 

11 that accurately reflect the most relevant and useful infor12 mation available. In such collaboration, the Secretary and 

13 the Administrator shall pay particular attention to organi14 zations that— 

15 ‘‘(1) have members with expertise in energy ef16 ficiency and in the development, operation, and 

17 functionality of data centers, information technology 

18 equipment, and software, such as representatives of 

19 hardware manufacturers, data center operators, and 

20 facility managers; 

21 ‘‘(2) obtain and address input from Department 

22 of Energy National Laboratories or any college, uni23 versity, research institution, industry association, 

24 company, or public interest group with applicable ex25 pertise; 


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1 ‘‘(3) follow— 

2 ‘‘(A) commonly accepted procedures for 

3 the development of specifications; and 

4 ‘‘(B) accredited standards development 

5 processes; and 

6 ‘‘(4) have a mission to promote energy effi7 ciency for data centers and information technology. 

8 ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.—The 

9 Secretary and the Administrator shall consider and assess 

10 the adequacy of the specifications, measurements, best 

11 practices, and benchmarks described in subsection (b) for 

12 use by the Federal Energy Management Program, the En13 ergy Star Program, and other efficiency programs of the 

14 Department of Energy or the Environmental Protection 

15 Agency. 

16 ‘‘(e) STUDY.—The Secretary, in collaboration with 

17 the Administrator, shall, not later than 18 months after 

18 the date of enactment of the North American Energy Se19 curity and Infrastructure Act of 2015, make available to 

20 the public an update to the Report to Congress on Server 

21 and Data Center Energy Efficiency published on August 

22 2, 2007, under section 1 of Public Law 109–431 (120 

23 Stat. 2920), that provides— 

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1 port with new data regarding the period from 2008 

2 through 2015; 

3 ‘‘(2) an analysis considering the impact of in4 formation technologies, including virtualization and 

5 cloud computing, in the public and private sectors; 

6 ‘‘(3) an evaluation of the impact of the com7 bination of cloud platforms, mobile devices, social 

8 media, and big data on data center energy usage; 

9 ‘‘(4) an evaluation of water usage in data cen10 ters and recommendations for reductions in such 

11 water usage; and 

12 ‘‘(5) updated projections and recommendations 

13 for best practices through fiscal year 2020. 

14 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO15 GRAM.—The Secretary, in collaboration with key stake16 holders and the Director of the Office of Management and 

17 Budget, shall maintain a data center energy practitioner 

18 program that leads to the certification of energy practi19 tioners qualified to evaluate the energy usage and effi20 ciency opportunities in Federal data centers. Each Federal 

21 agency shall consider having the data centers of the agen22 cy evaluated every 4 years, in accordance with section 

23 543(f) of the National Energy Conservation Policy Act (42 

24 U.S.C. 8253), by energy practitioners certified pursuant 

25 to such program. 


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1 ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col2 laboration with key stakeholders and the Director of the 

3 Office of Management and Budget, shall establish an open 

4 data initiative for Federal data center energy usage data, 

5 with the purpose of making such data available and acces6 sible in a manner that encourages further data center in7 novation, optimization, and consolidation. In establishing 

8 the initiative, the Secretary shall consider the use of the 

9 online Data Center Maturity Model. 

10 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

11 METRICS.—The Secretary, in collaboration with key 

12 stakeholders, shall actively participate in efforts to har13 monize global specifications and metrics for data center 

14 energy and water efficiency. 

15 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec16 retary, in collaboration with key stakeholders, shall facili17 tate the development of an efficiency metric that measures 

18 the energy efficiency of a data center (including equipment 

19 and facilities). 

20 ‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 

21 The Secretary and the Administrator shall not disclose 

22 any proprietary information or trade secrets provided by 

23 any individual or company for the purposes of carrying 

24 out this section or the programs and initiatives established 

25 under this section.’’. 


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1 SEC. 4113. REPORT ON ENERGY AND WATER SAVINGS PO2 TENTIAL FROM THERMAL INSULATION. 

3 (a) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary of Energy, in con5 sultation with appropriate Federal agencies and relevant 

6 stakeholders, shall submit to the Committee on Energy 

7 and Natural Resources of the Senate and the Committee 

8 on Energy and Commerce of the House of Representatives 

9 a report on the impact of thermal insulation on both en10 ergy and water use systems for potable hot and chilled 

11 water in Federal buildings, and the return on investment 

12 of installing such insulation. 

13 (b) CONTENTS.—The report shall include— 

14 (1) an analysis based on the cost of municipal 

15 or regional water for delivered water and the avoided 

16 cost of new water; and 

17 (2) a summary of energy and water savings, in18 cluding short-term and long-term (20 years) projec19 tions of such savings. 

20 SEC. 4114. FEDERAL PURCHASE REQUIREMENT. 

21 Section 203(b) of the Energy Policy Act of 2005 (42 

22 U.S.C. 15852(b)) is amended by striking paragraph (2) 

23 and inserting the following: 

24 ‘‘(2) RENEWABLE ENERGY.—The term ‘renew25 able energy’ means electric energy, or thermal en26 ergy if resulting from a thermal energy project 


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1 placed in service after December 31, 2014, gen2 erated from, or avoided by, solar, wind, biomass, 

3 landfill gas, ocean (including tidal, wave, current, 

4 and thermal), geothermal, municipal solid waste 

5 (other than commonly recycled paper that is seg6 regated from solid waste), qualified waste heat re7 source, or new hydroelectric generation capacity 

8 achieved from increased efficiency or additions of 

9 new capacity at an existing hydroelectric project. 

10 ‘‘(3) QUALIFIED WASTE HEAT RESOURCE.—The 

11 term ‘qualified waste heat resource’ means— 

12 ‘‘(A) exhaust heat or flared gas from any 

13 industrial process; 

14 ‘‘(B) waste gas or industrial tail gas that 

15 would otherwise be flared, incinerated, or vent16 ed; 

17 ‘‘(C) a pressure drop in any gas for an in18 dustrial or commercial process; or 

19 ‘‘(D) such other forms of waste heat as the 

20 Secretary determines appropriate.’’. 


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1 CHAPTER 2—ENERGY EFFICIENT 

2 TECHNOLOGY AND MANUFACTURING 

3 SEC. 4121. INCLUSION OF SMART GRID CAPABILITY ON EN4 ERGY GUIDE LABELS. 

5 Section 324(a)(2) of the Energy Policy and Conserva6 tion Act (42 U.S.C. 6294(a)(2)) is amended by adding the 

7 following at the end: 

8 ‘‘(J)(i) Not later than 1 year after the date 

9 of enactment of this subparagraph, the Com10 mission shall initiate a rulemaking to consider 

11 making a special note in a prominent manner 

12 on any Energy Guide label for any product that 

13 includes Smart Grid capability that— 

14 ‘‘(I) Smart Grid capability is a fea15 ture of that product; 

16 ‘‘(II) the use and value of that feature 

17 depend on the Smart Grid capability of the 

18 utility system in which the product is in19 stalled and the active utilization of that 

20 feature by the customer; and 

21 ‘‘(III) on a utility system with Smart 

22 Grid capability, the use of the product’s 

23 Smart Grid capability could reduce the 

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1 ergy and electricity cost savings that would 

2 result from the customer taking full advan3 tage of such Smart Grid capability. 

4 ‘‘(ii) Not later than 3 years after the date 

5 of enactment of this subparagraph, the Com6 mission shall complete the rulemaking initiated 

7 under clause (i).’’. 

8 SEC. 4122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 

9 CONDITIONING, FURNACE, BOILER, HEAT 

10 PUMP, AND WATER HEATER PRODUCTS. 

11 Section 326(b) of the Energy Policy and Conserva12 tion Act (42 U.S.C. 6296(b)) is amended by adding at 

13 the end the following: 

14 ‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR AIR

15 CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND

16 WATER HEATER PRODUCTS.— 

17 ‘‘(A) RELIANCE ON VOLUNTARY PROGRAMS.— 

18 For the purpose of verifying compliance with energy 

19 conservation standards and Energy Star specifica20 tions established under sections 324A, 325, and 342 

21 for covered products described in paragraphs (3), 

22 (4), (5), (9), and (11) of section 322(a) and covered 

23 equipment described in subparagraphs (B), (C), (D), 

24 (F), (I), (J), and (K) of section 340(1), the Sec25 retary and the Administrator of the Environmental 


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1 Protection Agency shall rely on testing conducted by 

2 recognized voluntary verification programs that are 

3 recognized by the Secretary in accordance with sub4 paragraph (B). 

5 ‘‘(B) RECOGNITION OF VOLUNTARY

6 VERIFICATION PROGRAMS.— 

7 ‘‘(i) IN GENERAL.—Not later than 180 

8 days after the date of enactment of this para9 graph, the Secretary shall initiate a negotiated 

10 rulemaking in accordance with subchapter III 

11 of chapter 5 of title 5, United States Code 

12 (commonly known as the ‘Negotiated Rule13 making Act of 1990’), to develop criteria that 

14 have consensus support for achieving recogni15 tion by the Secretary as an approved voluntary 

16 verification program. Any subsequent amend17 ment to such criteria may be made only pursu18 ant to a subsequent negotiated rulemaking in 

19 accordance with subchapter III of chapter 5 of 

20 title 5, United States Code. 

21 ‘‘(ii) MINIMUM REQUIREMENTS.—The cri22 teria developed under clause (i) shall, at a min23 imum, ensure that a voluntary verification pro24 gram— 

25 ‘‘(I) is nationally recognized; 


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1 ‘‘(II) is operated by a third party and 

2 not directly operated by a program partici3 pant; 

4 ‘‘(III) satisfies any applicable ele5 ments of— 

6 ‘‘(aa) International Organization 

7 for Standardization standard num8 bered 17025; and 

9 ‘‘(bb) any other relevant Inter10 national Organization for Standard11 ization standards identified and 

12 agreed to through the negotiated rule13 making under clause (i); 

14 ‘‘(IV) at least annually tests inde15 pendently obtained products following the 

16 test procedures established under this title 

17 to verify the certified rating of a represent18 ative sample of products and equipment 

19 within the scope of the program; 

20 ‘‘(V) maintains a publicly available 

21 list of all ratings of products subject to 

22 verification; 

23 ‘‘(VI) requires the changing of the 

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1 ing determines that the performance rating 

2 does not meet the levels the manufacturer 

3 has certified to the Secretary; 

4 ‘‘(VII) requires new program partici5 pants to substantiate ratings through test 

6 data generated in accordance with Depart7 ment of Energy regulations; 

8 ‘‘(VIII) allows for challenge testing of 

9 products and equipment within the scope 

10 of the program; 

11 ‘‘(IX) requires program participants 

12 to disclose the performance rating of all 

13 covered products and equipment within the 

14 scope of the program for the covered prod15 uct or equipment; 

16 ‘‘(X) provides to the Secretary— 

17 ‘‘(aa) an annual report of all test 

18 results, the contents of which shall be 

19 determined through the negotiated 

20 rulemaking process under clause (i); 

21 and 

22 ‘‘(bb) test reports, on the request 

23 of the Secretary or the Administrator 

24 of the Environmental Protection 

25 Agency, that note any instructions 


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1 specified by the manufacturer or the 

2 representative of the manufacturer for 

3 the purpose of conducting the 

4 verification testing, to be exempted 

5 from disclosure under section 

6 552(b)(4) of title 5, United States 

7 Code; and 

8 ‘‘(XI) satisfies any additional require9 ments or standards that the Secretary and 

10 Administrator of the Environmental Pro11 tection Agency shall establish consistent 

12 with this subparagraph. 

13 ‘‘(iii) CESSATION OF RECOGNITION.—The 

14 Secretary may only cease recognition of a vol15 untary verification program as an approved pro16 gram described in subparagraph (A) upon a 

17 finding that the program is not meeting its obli18 gations for compliance through program review 

19 criteria developed during the negotiated rule20 making conducted under subparagraph (B). 

21 ‘‘(C) ADMINISTRATION.— 

22 ‘‘(i) IN GENERAL.—The Secretary and the 

23 Administrator of the Environmental Protection 

24 Agency shall not require— 


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1 ‘‘(I) manufacturers to participate in a 

2 recognized voluntary verification program 

3 described in subparagraph (A); or 

4 ‘‘(II) participating manufacturers to 

5 provide information that has already been 

6 provided to the Secretary or the Adminis7 trator. 

8 ‘‘(ii) LIST OF COVERED PRODUCTS.—The 

9 Secretary or the Administrator of the Environ10 mental Protection Agency may maintain a pub11 licly available list of covered products and 

12 equipment that distinguishes between products 

13 that are and are not covered products and 

14 equipment verified through a recognized vol15 untary verification program described in sub16 paragraph (A). 

17 ‘‘(iii) PERIODIC VERIFICATION TESTING.— 

18 The Secretary— 

19 ‘‘(I) shall not subject products or 

20 equipment that have been verification test21 ed under a recognized voluntary 

22 verification program described in subpara23 graph (A) to periodic verification testing to 

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1 formance rating of the products or equip2 ment; but 

3 ‘‘(II) may require testing of products 

4 or equipment described in subclause (I)— 

5 ‘‘(aa) if the testing is nec6 essary— 

7 ‘‘(AA) to assess the overall 

8 performance of a voluntary 

9 verification program; 

10 ‘‘(BB) to address specific 

11 performance issues; 

12 ‘‘(CC) for use in updating 

13 test procedures and standards; or 

14 ‘‘(DD) for other purposes 

15 consistent with this title; or 

16 ‘‘(bb) if such testing is agreed to 

17 during the negotiated rulemaking con18 ducted under subparagraph (B). 

19 ‘‘(D) EFFECT ON OTHER AUTHORITY.—Noth20 ing in this paragraph limits the authority of the Sec21 retary or the Administrator of the Environmental 

22 Protection Agency to enforce compliance with any 

23 law.’’. 


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1 SEC. 4123. FACILITATING CONSENSUS FURNACE STAND2 ARDS. 

3 (a) CONGRESSIONAL FINDINGS AND DECLARATION

4 OF PURPOSE.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) acting pursuant to the requirements of 

7 section 325 of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6295), the Secretary of En9 ergy is considering amending the energy con10 servation standards applicable to residential 

11 non-weatherized gas furnaces and mobile home 

12 gas furnaces; 

13 (B) numerous stakeholders, representing 

14 manufacturers, distributors, and installers of 

15 residential non-weatherized gas furnaces and 

16 mobile home furnaces, natural gas utilities, 

17 home builders, multifamily property owners, 

18 and energy efficiency, environmental, and con19 sumer advocates have begun negotiations in an 

20 attempt to agree on a consensus recommenda21 tion to the Secretary on levels for such stand22 ards that will meet the statutory criteria; and 

23 (C) the stakeholders believe these negotia24 tions are likely to result in a consensus rec25 ommendation, but several of the stakeholders 


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1 do not support suspending the current rule2 making. 

3 (2) PURPOSE.—It is the purpose of this section 

4 to provide the stakeholders described in paragraph 

5 (1) with an opportunity to continue negotiations for 

6 a limited time period to facilitate the proposal for 

7 adoption of standards that enjoy consensus support, 

8 while not delaying the current rulemaking except to 

9 the extent necessary to provide such opportunity. 

10 (b) OPPORTUNITY FOR A NEGOTIATED FURNACE

11 STANDARD.—Section 325(f)(4) of the Energy Policy and 

12 Conservation Act (42 U.S.C. 6295(f)(4)) is amended by 

13 adding after subparagraph (D) the following: 

14 ‘‘(E)(i) Unless the Secretary has published such a no15 tice prior to the date of enactment of this Act, the Sec16 retary shall publish, not later than October 31, 2015, a 

17 supplemental notice of proposed rulemaking or a notice 

18 of data availability updating the proposed rule entitled 

19 ‘Energy Conservation Program for Consumer Products: 

20 Energy Conservation Standards for Residential Furnaces’ 

21 and published in the Federal Register on March 12, 2015 

22 (80 Fed. Reg. 13119), to provide notice and an oppor23 tunity for comment on— 

24 ‘‘(I) dividing non-weatherized natural gas 

25 furnaces into two or more product classes with 


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1 separate energy conservation standards based 

2 on capacity; and 

3 ‘‘(II) any other matters the Secretary de4 termines appropriate. 

5 ‘‘(ii) On receipt of a statement that is submitted on 

6 or before January 1, 2016, jointly by interested persons 

7 that are fairly representative of relevant points of view, 

8 that contains recommended standards for non-weatherized 

9 natural gas furnaces and mobile home gas furnaces that 

10 are consistent with the requirements of this part (except 

11 that the date on which such standards will apply may be 

12 earlier or later than the date required under this part), 

13 the Secretary shall evaluate the standards proposed in the 

14 joint statement for consistency with the requirements of 

15 subsection (o), and shall publish notice of the potential 

16 adoption of the standards proposed in the joint statement, 

17 modified as necessary to ensure consistency with sub18 section (o). The Secretary shall solicit public comment for 

19 a period of at least 30 days with respect to such notice. 

20 ‘‘(iii) Not later than July 31, 2016, but not before 

21 July 1, 2016, the Secretary shall publish a final rule con22 taining a determination of whether the standards for non23 weatherized natural gas furnaces and mobile home gas 

24 furnaces should be amended. Such rule shall contain any 

25 such amendments to the standards.’’. 


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1 SEC. 4124. FUTURE OF INDUSTRY PROGRAM. 

2 (a) IN GENERAL.—Section 452 of the Energy Inde3 pendence and Security Act of 2007 (42 U.S.C. 17111) is 

4 amended by striking the section heading and inserting the 

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

6 (b) DEFINITION OF ENERGY SERVICE PROVIDER.— 

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

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

9 (1) by redesignating paragraphs (3) through 

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

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

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

13 ‘energy service provider’ means any business pro14 viding technology or services to improve the energy 

15 efficiency, water efficiency, power factor, or load 

16 management of a manufacturing site or other indus17 trial process in an energy-intensive industry, or any 

18 utility operating under a utility energy service 

19 project.’’. 

20 (c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN21 TERS.—Section 452(e) of the Energy Independence and 

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

23 (1) by redesignating paragraphs (1) through 

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

25 and indenting appropriately; 


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

2 the following: 

3 ‘‘(1) IN GENERAL.—The Secretary’’; 

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

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

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

7 sustainable manufacturing goals and the implemen8 tation of information technology advancements for 

9 supply chain analysis, logistics, system monitoring, 

10 industrial and manufacturing processes, and other 

11 purposes’’; and 

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

13 ‘‘(2) COORDINATION.—To increase the value 

14 and capabilities of the industrial research and as15 sessment centers, the centers shall— 

16 ‘‘(A) coordinate with Manufacturing Ex17 tension Partnership Centers of the National In18 stitute of Standards and Technology; 

19 ‘‘(B) coordinate with the Building Tech20 nologies Office of the Department of Energy to 

21 provide building assessment services to manu22 facturers; 

23 ‘‘(C) increase partnerships with the Na24 tional Laboratories of the Department of En25 ergy to leverage the expertise and technologies 


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1 of the National Laboratories for national indus2 trial and manufacturing needs; and 

3 ‘‘(D) increase partnerships with energy 

4 service providers and technology providers to le5 verage private sector expertise and accelerate 

6 deployment of new and existing technologies 

7 and processes for energy efficiency, power fac8 tor, and load management. 

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

10 funding for— 

11 ‘‘(A) outreach activities by the industrial 

12 research and assessment centers to inform 

13 small- and medium-sized manufacturers of the 

14 information, technologies, and services avail15 able; and 

16 ‘‘(B) coordination activities by each indus17 trial research and assessment center to leverage 

18 efforts with— 

19 ‘‘(i) Federal and State efforts; 

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

21 service providers; 

22 ‘‘(iii) the efforts of regional energy ef23 ficiency organizations; and 

24 ‘‘(iv) the efforts of other industrial re25 search and assessment centers. 


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1 ‘‘(4) SMALL BUSINESS LOANS.—The Adminis2 trator of the Small Business Administration shall, to 

3 the maximum extent practicable, expedite consider4 ation of applications from eligible small business 

5 concerns for loans under the Small Business Act (15 

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

7 of industrial research and assessment centers estab8 lished under paragraph (1).’’. 

9 (d) CONFORMING AMENDMENT.—The item relating 

10 to section 452 in the table of contents for the Energy 

11 Independence and Security Act of 2007 is amended to 

12 read as follows: 

‘‘Sec. 452. Future of Industry program.’’. 

13 CHAPTER 3—ENERGY PERFORMANCE 

14 CONTRACTING 

15 SEC. 4131. USE OF ENERGY AND WATER EFFICIENCY MEAS16 URES IN FEDERAL BUILDINGS. 

17 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec18 tion 543(f)(4) of the National Energy Conservation Policy 

19 Act (42 U.S.C. 8253(f)(4)) is amended— 

20 (1) by moving the margins of subparagraphs 

21 (A) and (B) 2 ems to the right and redesignating 

22 such subparagraphs as clauses (i) and (ii), respec23 tively; 

24 (2) by striking ‘‘Not later than’’ and inserting 

25 the following: 


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1 ‘‘(A) IN GENERAL.—Not later than’’; and 

2 (3) by adding at the end the following new sub3 paragraph: 

4 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

5 Each energy manager, as part of the certifi6 cation system under paragraph (7) and using 

7 guidelines developed by the Secretary, shall pro8 vide an explanation regarding any life-cycle 

9 cost-effective measures described in subpara10 graph (A)(i) that have not been implemented.’’. 

11 (b) REPORTS.—Section 548(b) of the National En12 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

13 amended— 

14 (1) in paragraph (3), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (4), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(5) the status of each agency’s energy savings 

21 performance contracts and utility energy service con22 tracts, the investment value of such contracts, the 

23 guaranteed energy savings for the previous year as 

24 compared to the actual energy savings for the pre25 vious year, the plan for entering into such contracts 


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1 in the coming year, and information explaining why 

2 any previously submitted plans for such contracts 

3 were not implemented.’’. 

4 (c) FEDERAL ENERGY MANAGEMENT DEFINI5 TIONS.—Section 551(4) of the National Energy Conserva6 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik7 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi8 ties, or energy consuming devices and required support 

9 structures’’. 

10 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec11 tion 801(a)(2)(F) of the National Energy Conservation 

12 Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended— 

13 (1) in clause (i), by striking ‘‘or’’ at the end; 

14 (2) in clause (ii), by striking the period at the 

15 end and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following new 

17 clause: 

18 ‘‘(iii) limit the recognition of oper19 ation and maintenance savings associated 

20 with systems modernized or replaced with 

21 the implementation of energy conservation 

22 measures, water conservation measures, or 

23 any series of energy conservation measures 

24 and water conservation measures.’’. 


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1 (e) MISCELLANEOUS AUTHORITY.—Section 

2 801(a)(2) of the National Energy Conservation Policy Act 

3 (42 U.S.C. 8287(a)) is amended by adding at the end the 

4 following: 

5 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not6 withstanding any other provision of law, a Fed7 eral agency may sell or transfer energy savings 

8 and apply the proceeds of such sale or transfer 

9 to fund a contract under this title.’’. 

10 (f) PAYMENT OF COSTS.—Section 802 of the Na11 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

12 is amended by striking ‘‘(and related operation and main13 tenance expenses)’’ and inserting ‘‘, including related op14 erations and maintenance expenses’’. 

15 (g) ENERGY SAVINGS PERFORMANCE CONTRACTS

16 DEFINITIONS.—Section 804(2) of the National Energy 

17 Conservation Policy Act (42 U.S.C. 8287c(2)) is amend18 ed— 

19 (1) in subparagraph (A), by striking ‘‘federally 

20 owned building or buildings or other federally owned 

21 facilities’’ and inserting ‘‘Federal building (as de22 fined in section 551 (42 U.S.C. 8259))’’ each place 

23 it appears; 

24 (2) in subparagraph (C), by striking ‘‘; and’’ 

25 and inserting a semicolon; 


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1 (3) in subparagraph (D), by striking the period 

2 at the end and inserting a semicolon; and 

3 (4) by adding at the end the following new sub4 paragraphs: 

5 ‘‘(E) the use, sale, or transfer of energy in6 centives, rebates, or credits (including renew7 able energy credits) from Federal, State, or 

8 local governments or utilities; and 

9 ‘‘(F) any revenue generated from a reduc10 tion in energy or water use, more efficient 

11 waste recycling, or additional energy generated 

12 from more efficient equipment.’’. 

13 CHAPTER 4—SCHOOL BUILDINGS 

14 SEC. 4141. COORDINATION OF ENERGY RETROFITTING AS15 SISTANCE FOR SCHOOLS. 

16 Section 392 of the Energy Policy and Conservation 

17 Act (42 U.S.C. 6371a) is amended by adding at the end 

18 the following: 

19 ‘‘(e) COORDINATION OF ENERGY RETROFITTING AS20 SISTANCE FOR SCHOOLS.— 

21 ‘‘(1) DEFINITION OF SCHOOL.—Notwith22 standing section 391(6), for the purposes of this 

23 subsection, the term ‘school’ means— 

24 ‘‘(A) an elementary school or secondary 

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1 mentary and Secondary Education Act of 1965 

2 (20 U.S.C. 7801)); 

3 ‘‘(B) an institution of higher education (as 

4 defined in section 102(a) of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1002(a))); 

6 ‘‘(C) a school of the defense dependents’ 

7 education system under the Defense Depend8 ents’ Education Act of 1978 (20 U.S.C. 921 et 

9 seq.) or established under section 2164 of title 

10 10, United States Code; 

11 ‘‘(D) a school operated by the Bureau of 

12 Indian Affairs; 

13 ‘‘(E) a tribally controlled school (as de14 fined in section 5212 of the Tribally Controlled 

15 Schools Act of 1988 (25 U.S.C. 2511)); and 

16 ‘‘(F) a Tribal College or University (as de17 fined in section 316(b) of the Higher Education 

18 Act of 1965 (20 U.S.C. 1059c(b))). 

19 ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.— 

20 The Secretary, acting through the Office of Energy 

21 Efficiency and Renewable Energy, shall establish a 

22 clearinghouse to disseminate information regarding 

23 available Federal programs and financing mecha24 nisms that may be used to help initiate, develop, and 


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1 finance energy efficiency, distributed generation, and 

2 energy retrofitting projects for schools. 

3 ‘‘(3) REQUIREMENTS.—In carrying out para4 graph (2), the Secretary shall— 

5 ‘‘(A) consult with appropriate Federal 

6 agencies to develop a list of Federal programs 

7 and financing mechanisms that are, or may be, 

8 used for the purposes described in paragraph 

9 (2); and 

10 ‘‘(B) coordinate with appropriate Federal 

11 agencies to develop a collaborative education 

12 and outreach effort to streamline communica13 tions and promote available Federal programs 

14 and financing mechanisms described in sub15 paragraph (A), which may include the develop16 ment and maintenance of a single online re17 source that includes contact information for rel18 evant technical assistance in the Office of En19 ergy Efficiency and Renewable Energy that 

20 States, local education agencies, and schools 

21 may use to effectively access and use such Fed22 eral programs and financing mechanisms.’’. 


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1 Subtitle B—Accountability 

2 CHAPTER 1—MARKET MANIPULATION, 

3 ENFORCEMENT, AND COMPLIANCE 

4 SEC. 4211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND 

5 PUBLIC PARTICIPATION. 

6 Section 319 of the Federal Power Act (16 U.S.C. 

7 825q–1) is amended to read as follows: 

8 ‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUB9 LIC PARTICIPATION. 

10 ‘‘(a) ESTABLISHMENT.—There is established within 

11 the Commission an Office of Compliance Assistance and 

12 Public Participation (referred to in this section as the ‘Of13 fice’). The Office shall be headed by a Director. 

14 ‘‘(b) DUTIES OF DIRECTOR.— 

15 ‘‘(1) IN GENERAL.—The Director of the Office 

16 shall promote improved compliance with Commission 

17 rules and orders by— 

18 ‘‘(A) making recommendations to the Com19 mission regarding— 

20 ‘‘(i) the protection of consumers; 

21 ‘‘(ii) market integrity and support for 

22 the development of responsible market be23 havior; 


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1 ‘‘(iii) the application of Commission 

2 rules and orders in a manner that ensures 

3 that— 

4 ‘‘(I) rates and charges for, or in 

5 connection with, the transmission or 

6 sale of electric energy subject to the 

7 jurisdiction of the Commission shall 

8 be just and reasonable and not unduly 

9 discriminatory or preferential; and 

10 ‘‘(II) markets for such trans11 mission and sale of electric energy are 

12 not impaired and consumers are not 

13 damaged; and 

14 ‘‘(iv) the impact of existing and pro15 posed Commission rules and orders on 

16 small entities, as defined in section 601 of 

17 title 5, United States Code (commonly 

18 known as the Regulatory Flexibility Act); 

19 ‘‘(B) providing entities subject to regula20 tion by the Commission the opportunity to ob21 tain timely guidance for compliance with Com22 mission rules and orders; and 

23 ‘‘(C) providing information to the Commis24 sion and Congress to inform policy with respect 


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1 to energy issues under the jurisdiction of the 

2 Commission. 

3 ‘‘(2) REPORTS AND GUIDANCE.—The Director 

4 shall, as the Director determines appropriate, issue 

5 reports and guidance to the Commission and to enti6 ties subject to regulation by the Commission, regard7 ing market practices, proposing improvements in 

8 Commission monitoring of market practices, and ad9 dressing potential improvements to both industry 

10 and Commission practices. 

11 ‘‘(3) OUTREACH.—The Director shall promote 

12 improved compliance with Commission rules and or13 ders through outreach, publications, and, where ap14 propriate, direct communication with entities regu15 lated by the Commission.’’. 

16 CHAPTER 2—MARKET REFORMS 

17 SEC. 4221. GAO STUDY ON WHOLESALE ELECTRICITY MAR18 KETS. 

19 (a) STUDY AND REPORT.—Not later than 1 year 

20 after the date of enactment of this Act, the Comptroller 

21 General shall submit to the Committee on Energy and 

22 Commerce of the House of Representatives and the Com23 mittee on Energy and Natural Resources of the Senate 

24 a report describing the results of a study of whether and 

25 how the current market rules, practices, and structures 


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1 of each regional transmission entity produce rates that are 

2 just and reasonable by— 

3 (1) facilitating fuel diversity, the availability of 

4 generation resources during emergency and severe 

5 weather conditions, resource adequacy, and reli6 ability, including the cost-effective retention and de7 velopment of needed generation; 

8 (2) promoting the equitable treatment of busi9 ness models, including different utility types, the in10 tegration of diverse generation resources, and ad11 vanced grid technologies; 

12 (3) identifying and addressing regulatory bar13 riers to entry, market-distorting incentives, and arti14 ficial constraints on competition; 

15 (4) providing transparency regarding dispatch 

16 decisions, including the need for out-of-market ac17 tions and payments, and the accuracy of day-ahead 

18 unit commitments; 

19 (5) facilitating the development of necessary 

20 natural gas pipeline and electric transmission infra21 structure; 

22 (6) ensuring fairness and transparency in gov23 ernance structures and stakeholder processes, in24 cluding meaningful participation by both voting and 

25 non-voting stakeholder representatives; 


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1 (7) ensuring the proper alignment of the energy 

2 and transmission markets by including both energy 

3 and financial transmission rights in the day-ahead 

4 markets; 

5 (8) facilitating the ability of load-serving enti6 ties to self-supply their service territory load; 

7 (9) considering, as appropriate, State and local 

8 resource planning; and 

9 (10) mitigating, to the extent practicable, the 

10 disruptive effects of tariff revisions on the economic 

11 decisionmaking of market participants. 

12 (b) DEFINITIONS.—In this section: 

13 (1) LOAD-SERVING ENTITY.—The term ‘‘load14 serving entity’’ has the meaning given that term in 

15 section 217 of the Federal Power Act (16 U.S.C. 

16 824q). 

17 (2) REGIONAL TRANSMISSION ENTITY.—The 

18 term ‘‘regional transmission entity’’ means a Re19 gional Transmission Organization or an Independent 

20 System Operator, as such terms are defined in sec21 tion 3 of the Federal Power Act (16 U.S.C. 796). 

Æ 


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