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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``North American 
Energy Security and Infrastructure Act of 2015''.
    (b) Table of Contents.--The table of contents for 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.
               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.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

SEC. 1101. FERC PROCESS COORDINATION.

    Section 15 of the Natural Gas Act (15 U.S.C. 717n) is amended--
            (1) by amending subsection (b)(2) to read as follows:
            ``(2) Other agencies.--
                    ``(A) In general.--Each Federal and State agency 
                considering an aspect of an application for Federal 
                authorization shall cooperate with the Commission and 
                comply with the deadlines established by the 
                Commission.
                    ``(B) Identification.--The Commission shall 
                identify, as early as practicable after it is notified 
                by a prospective applicant of a potential project 
                requiring Commission authorization, any Federal or 
                State agency, local government, or Indian tribe that 
                may consider an aspect of an application for that 
                Federal authorization.
                    ``(C) Notification.--
                            ``(i) In general.--The Commission shall 
                        notify any agency identified under subparagraph 
                        (B) of the opportunity to cooperate or 
                        participate in the review process.
                            ``(ii) Deadline.--A notification issued 
                        under clause (i) shall establish a deadline by 
                        which a response to the notification shall be 
                        submitted, which may be extended by the 
                        Commission for good cause.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
                    ``(B) set deadlines for all such Federal 
                authorizations; and'';
                    (B) by striking paragraph (2); and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(2) Deadline for federal authorizations.--A final 
        decision on a Federal authorization is due no later than 90 
        days after the Commission issues its final environmental 
        document, unless a schedule is otherwise established by Federal 
        law.
            ``(3) Commission recommendation.--To ensure that timely 
        decisions are made and that the responsibilities of each 
        Federal and State agency are met when making a decision with 
        respect to a Federal authorization, the Commission shall 
        coordinate its efforts with Federal and State agencies and make 
        a recommendation on the scope of the environmental review that 
        the Commission determines to be appropriate. Each Federal and 
        State agency shall give deference to the Commission's 
        recommendation as appropriate and in accordance with applicable 
        Federal law.
            ``(4) Concurrent reviews.--Each Federal and State agency 
        considering an aspect of an application for a Federal 
        authorization shall--
                    ``(A) carry out the obligations of that agency 
                under applicable law concurrently, and in conjunction, 
                with the review required by the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), unless 
                doing so would impair the ability of the agency to 
                conduct needed analysis or otherwise carry out those 
                obligations;
                    ``(B) formulate and implement administrative, 
                policy, and procedural mechanisms to enable the agency 
                to ensure completion of required Federal authorizations 
                no later than 90 days after the Commission issues its 
                final environmental document; and
                    ``(C) transmit to the Commission a statement--
                            ``(i) acknowledging receipt of the schedule 
                        established under paragraph (1); and
                            ``(ii) setting forth the plan formulated 
                        under subparagraph (B) of this paragraph.
            ``(5) Issue identification and resolution.--
                    ``(A) Identification.--Federal and State agencies 
                that may consider an aspect of an application for 
                Federal authorization shall identify, as early as 
                possible, any issues of concern that may delay or 
                prevent an agency from working with the Commission to 
                resolve such issues and granting such authorization.
                    ``(B) Issue resolution.--The Commission may forward 
                any issue of concern identified under subparagraph (A) 
                to the heads of the relevant agencies (including, in 
                the case of a failure by the State agency, the Federal 
                agency overseeing the delegated authority) for 
                resolution.
            ``(6) Failure to meet schedule.--If a Federal or State 
        agency does not complete a proceeding for an approval that is 
        required for a Federal authorization in accordance with the 
        schedule established by the Commission under paragraph (1)--
                    ``(A) the applicant may pursue remedies under 
                section 19(d); and
                    ``(B) the head of the relevant Federal agency 
                (including, in the case of a failure by a State agency, 
                the Federal agency overseeing the delegated authority) 
                shall notify Congress and the Commission of such 
                failure and set forth a recommended implementation plan 
                to ensure completion of the proceeding for an 
                approval.'';
            (3) by redesignating subsections (d) through (f) as 
        subsections (f) through (h), respectively; and
            (4) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Application Processing.--The Commission, and Federal and 
State agencies, may allow an applicant seeking Federal authorization to 
fund a third party contractor to assist in reviewing the application.
    ``(e) Accountability, Transparency, Efficiency.--For applications 
requiring multiple Federal authorizations, the Commission, with input 
from any Federal or State agency considering an aspect of an 
application, shall track and make available to the public on the 
Commission's website information related to the actions required to 
complete permitting, reviews, and other actions required. Such 
information shall include the following:
            ``(1) The schedule established by the Commission under 
        subsection (c)(1).
            ``(2) A list of all the actions required by each applicable 
        agency to complete permitting, reviews, and other actions 
        necessary to obtain a final decision on the Federal 
        authorization.
            ``(3) The expected completion date for each such action.
            ``(4) A point of contact at the agency accountable for each 
        such action.
            ``(5) In the event that an action is still pending as of 
        the expected date of completion, a brief explanation of the 
        reasons for the delay.''.

SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY CONFLICTS.

    (a) Compliance With or Violation of Environmental Laws While Under 
Emergency Order.--Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended--
            (1) by inserting ``(1)'' after ``(c)''; and
            (2) by adding at the end the following:
    ``(2) With respect to an order issued under this subsection that 
may result in a conflict with a requirement of any Federal, State, or 
local environmental law or regulation, the Commission shall ensure that 
such order requires generation, delivery, interchange, or transmission 
of electric energy only during hours necessary to meet the emergency 
and serve the public interest, and, to the maximum extent practicable, 
is consistent with any applicable Federal, State, or local 
environmental law or regulation and minimizes any adverse environmental 
impacts.
    ``(3) To the extent any omission or action taken by a party, that 
is necessary to comply with an order issued under this subsection, 
including any omission or action taken to voluntarily comply with such 
order, results in noncompliance with, or causes such party to not 
comply with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered a violation 
of such environmental law or regulation, or subject such party to any 
requirement, civil or criminal liability, or a citizen suit under such 
environmental law or regulation.
    ``(4)(A) An order issued under this subsection that may result in a 
conflict with a requirement of any Federal, State, or local 
environmental law or regulation shall expire not later than 90 days 
after it is issued. The Commission may renew or reissue such order 
pursuant to paragraphs (1) and (2) for subsequent periods, not to 
exceed 90 days for each period, as the commission determines necessary 
to meet the emergency and serve the public interest.
    ``(B) In renewing or reissuing an order under subparagraph (A), the 
Commission shall consult with the primary Federal agency with expertise 
in the environmental interest protected by such law or regulation, and 
shall include in any such renewed or reissued order such conditions as 
such Federal agency determines necessary to minimize any adverse 
environmental impacts to the extent practicable. The conditions, if 
any, submitted by such Federal agency shall be made available to the 
public. The Commission may exclude such a condition from the renewed or 
reissued order if it determines that such condition would prevent the 
order from adequately addressing the emergency necessitating such order 
and provides in the order, or otherwise makes publicly available, an 
explanation of such determination.
    ``(5) If an order issued under this subsection is subsequently 
stayed, modified, or set aside by a court pursuant to section 313 or 
any other provision of law, any omission or action previously taken by 
a party that was necessary to comply with the order while the order was 
in effect, including any omission or action taken to voluntarily comply 
with the order, shall remain subject to paragraph (3).''.
    (b) Temporary Connection or Construction by Municipalities.--
Section 202(d) of the Federal Power Act (16 U.S.C. 824a(d)) is amended 
by inserting ``or municipality'' before ``engaged in the transmission 
or sale of electric energy''.

SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY DISRUPTIONS.

    (a) Finding.--Congress finds that recent natural disasters have 
underscored the importance of having resilient oil and natural gas 
infrastructure and effective ways for industry and government to 
communicate to address energy supply disruptions.
    (b) Authorization for Activities To Enhance Emergency Preparedness 
for Natural Disasters.--The Secretary of Energy shall develop and adopt 
procedures to--
            (1) improve communication and coordination between the 
        Department of Energy's energy response team, Federal partners, 
        and industry;
            (2) leverage the Energy Information Administration's 
        subject matter expertise within the Department's energy 
        response team to improve supply chain situation assessments;
            (3) establish company liaisons and direct communication 
        with the Department's energy response team to improve situation 
        assessments;
            (4) streamline and enhance processes for obtaining 
        temporary regulatory relief to speed up emergency response and 
        recovery;
            (5) facilitate and increase engagement among States, the 
        oil and natural gas industry, and the Department in developing 
        State and local energy assurance plans;
            (6) establish routine education and training programs for 
        key government emergency response positions with the Department 
        and States; and
            (7) involve States and the oil and natural gas industry in 
        comprehensive drill and exercise programs.
    (c) Cooperation.--The activities carried out under subsection (b) 
shall include collaborative efforts with State and local government 
officials and the private sector.
    (d) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy shall submit to Congress a report 
describing the effectiveness of the activities authorized under this 
section.

SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    (a) Critical Electric Infrastructure Security.--Part II of the 
Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after 
section 215 the following new section:

``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

    ``(a) Definitions.--For purposes of this section:
            ``(1) Bulk-power system; electric reliability organization; 
        regional entity.--The terms `bulk-power system', `Electric 
        Reliability Organization', and `regional entity' have the 
        meanings given such terms in paragraphs (1), (2), and (7) of 
        section 215(a), respectively.
            ``(2) Critical electric infrastructure.--The term `critical 
        electric infrastructure' means a system or asset of the bulk-
        power system, whether physical or virtual, the incapacity or 
        destruction of which would negatively affect national security, 
        economic security, public health or safety, or any combination 
        of such matters.
            ``(3) Critical electric infrastructure information.--The 
        term `critical electric infrastructure information' means 
        information related to critical electric infrastructure, or 
        proposed critical electrical infrastructure, generated by or 
        provided to the Commission or other Federal agency, other than 
        classified national security information, that is designated as 
        critical electric infrastructure information by the Commission 
        under subsection (d)(2). Such term includes information that 
        qualifies as critical energy infrastructure information under 
        the Commission's regulations.
            ``(4) Defense critical electric infrastructure.--The term 
        `defense critical electric infrastructure' means any electric 
        infrastructure located in the United States (including the 
        territories) that serves a facility designated by the Secretary 
        pursuant to subsection (c), but is not owned or operated by the 
        owner or operator of such facility.
            ``(5) Electromagnetic pulse.--The term `electromagnetic 
        pulse' means 1 or more pulses of electromagnetic energy emitted 
        by a device capable of disabling or disrupting operation of, or 
        destroying, electronic devices or communications networks, 
        including hardware, software, and data, by means of such a 
        pulse.
            ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
        means a temporary disturbance of the Earth's magnetic field 
        resulting from solar activity.
            ``(7) Grid security emergency.--The term `grid security 
        emergency' means the occurrence or imminent danger of--
                    ``(A)(i) a malicious act using electronic 
                communication or an electromagnetic pulse, or a 
                geomagnetic storm event, that could disrupt the 
                operation of those electronic devices or communications 
                networks, including hardware, software, and data, that 
                are essential to the reliability of critical electric 
                infrastructure or of defense critical electric 
                infrastructure; and
                    ``(ii) disruption of the operation of such devices 
                or networks, with significant adverse effects on the 
                reliability of critical electric infrastructure or of 
                defense critical electric infrastructure, as a result 
                of such act or event; or
                    ``(B)(i) a direct physical attack on critical 
                electric infrastructure or on defense critical electric 
                infrastructure; and
                    ``(ii) significant adverse effects on the 
                reliability of critical electric infrastructure or of 
                defense critical electric infrastructure as a result of 
                such physical attack.
            ``(8) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
    ``(b) Authority To Address Grid Security Emergency.--
            ``(1) Authority.--Whenever the President issues and 
        provides to the Secretary a written directive or determination 
        identifying a grid security emergency, the Secretary may, with 
        or without notice, hearing, or report, issue such orders for 
        emergency measures as are necessary in the judgment of the 
        Secretary to protect or restore the reliability of critical 
        electric infrastructure or of defense critical electric 
        infrastructure during such emergency. As soon as practicable 
        but not later than 180 days after the date of enactment of this 
        section, the Secretary shall, after notice and opportunity for 
        comment, establish rules of procedure that ensure that such 
        authority can be exercised expeditiously.
            ``(2) Notification of congress.--Whenever the President 
        issues and provides to the Secretary a written directive or 
        determination under paragraph (1), the President shall promptly 
        notify congressional committees of relevant jurisdiction, 
        including the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate, of the contents of, and justification 
        for, such directive or determination.
            ``(3) Consultation.--Before issuing an order for emergency 
        measures under paragraph (1), the Secretary shall, to the 
        extent practicable in light of the nature of the grid security 
        emergency and the urgency of the need for action, consult with 
        appropriate governmental authorities in Canada and Mexico, 
        entities described in paragraph (4), the Electricity Sub-sector 
        Coordinating Council, the Commission, and other appropriate 
        Federal agencies regarding implementation of such emergency 
        measures.
            ``(4) Application.--An order for emergency measures under 
        this subsection may apply to--
                    ``(A) the Electric Reliability Organization;
                    ``(B) a regional entity; or
                    ``(C) any owner, user, or operator of critical 
                electric infrastructure or of defense critical electric 
                infrastructure within the United States.
            ``(5) Expiration and reissuance.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an order for emergency measures 
                issued under paragraph (1) shall expire no later than 
                15 days after its issuance.
                    ``(B) Extensions.--The Secretary may reissue an 
                order for emergency measures issued under paragraph (1) 
                for subsequent periods, not to exceed 15 days for each 
                such period, provided that the President, for each such 
                period, issues and provides to the Secretary a written 
                directive or determination that the grid security 
                emergency identified under paragraph (1) continues to 
                exist or that the emergency measure continues to be 
                required.
            ``(6) Cost recovery.--
                    ``(A) Critical electric infrastructure.--If the 
                Commission determines that owners, operators, or users 
                of critical electric infrastructure have incurred 
                substantial costs to comply with an order for emergency 
                measures issued under this subsection and that such 
                costs were prudently incurred and cannot reasonably be 
                recovered through regulated rates or market prices for 
                the electric energy or services sold by such owners, 
                operators, or users, the Commission shall, consistent 
                with the requirements of section 205, after notice and 
                an opportunity for comment, establish a mechanism that 
                permits such owners, operators, or users to recover 
                such costs.
                    ``(B) Defense critical electric infrastructure.--To 
                the extent the owner or operator of defense critical 
                electric infrastructure is required to take emergency 
                measures pursuant to an order issued under this 
                subsection, the owners or operators of a critical 
                defense facility or facilities designated by the 
                Secretary pursuant to subsection (c) that rely upon 
                such infrastructure shall bear the full incremental 
                costs of the measures.
            ``(7) Temporary access to classified information.--The 
        Secretary, and other appropriate Federal agencies, shall, to 
        the extent practicable and consistent with their obligations to 
        protect classified information, provide temporary access to 
        classified information related to a grid security emergency for 
        which emergency measures are issued under paragraph (1) to key 
        personnel of any entity subject to such emergency measures to 
        enable optimum communication between the entity and the 
        Secretary and other appropriate Federal agencies regarding the 
        grid security emergency.
    ``(c) Designation of Critical Defense Facilities.--Not later than 
180 days after the date of enactment of this section, the Secretary, in 
consultation with other appropriate Federal agencies and appropriate 
owners, users, or operators of infrastructure that may be defense 
critical electric infrastructure, shall identify and designate 
facilities located in the United States (including the territories) 
that are--
            ``(1) critical to the defense of the United States; and
            ``(2) vulnerable to a disruption of the supply of electric 
        energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal agencies 
and appropriate owners, users, or operators of defense critical 
electric infrastructure, periodically revise the list of designated 
facilities as necessary.
    ``(d) Protection and Sharing of Critical Electric Infrastructure 
Information.--
            ``(1) Protection of critical electric infrastructure 
        information.--Critical electric infrastructure information--
                    ``(A) shall be exempt from disclosure under section 
                552(b)(3) of title 5, United States Code; and
                    ``(B) shall not be made available by any Federal, 
                State, political subdivision or tribal authority 
                pursuant to any Federal, State, political subdivision 
                or tribal law requiring public disclosure of 
                information or records.
            ``(2) Designation and sharing of critical electric 
        infrastructure information.--Not later than one year after the 
        date of enactment of this section, the Commission, in 
        consultation with the Secretary of Energy, shall promulgate 
        such regulations and issue such orders as necessary to--
                    ``(A) designate information as critical electric 
                infrastructure information;
                    ``(B) prohibit the unauthorized disclosure of 
                critical electric infrastructure information;
                    ``(C) ensure there are appropriate sanctions in 
                place for Commissioners, officers, employees, or agents 
                of the Commission who knowingly and willfully disclose 
                critical electric infrastructure information in a 
                manner that is not authorized under this section; and
                    ``(D) taking into account standards of the Electric 
                Reliability Organization, facilitate voluntary sharing 
                of critical electric infrastructure information with, 
                between, and by--
                            ``(i) Federal, State, political 
                        subdivision, and tribal authorities;
                            ``(ii) the Electric Reliability 
                        Organization;
                            ``(iii) regional entities;
                            ``(iv) information sharing and analysis 
                        centers established pursuant to Presidential 
                        Decision Directive 63;
                            ``(v) owners, operators, and users of 
                        critical electric infrastructure in the United 
                        States; and
                            ``(vi) other entities determined 
                        appropriate by the Commission.
            ``(3) Considerations.--In promulgating regulations and 
        issuing orders under paragraph (2), the Commission shall take 
        into consideration the role of State commissions in reviewing 
        the prudence and cost of investments, determining the rates and 
        terms of conditions for electric services, and ensuring the 
        safety and reliability of the bulk-power system and 
        distribution facilities within their respective jurisdictions.
            ``(4) Protocols.--The Commission shall, in consultation 
        with Canadian and Mexican authorities, develop protocols for 
        the voluntary sharing of critical electric infrastructure 
        information with Canadian and Mexican authorities and owners, 
        operators, and users of the bulk-power system outside the 
        United States.
            ``(5) No required sharing of information.--Nothing in this 
        section shall require a person or entity in possession of 
        critical electric infrastructure information to share such 
        information with Federal, State, political subdivision, or 
        tribal authorities, or any other person or entity.
            ``(6) Disclosure of non-critical electric infrastructure 
        information.--In implementing this section, the Commission 
        shall segregate critical electric infrastructure information 
        within documents and electronic communications, wherever 
        feasible, to facilitate disclosure of information that is not 
        designated as critical electric infrastructure information.
    ``(e) Security Clearances.--The Secretary shall facilitate and, to 
the extent practicable, expedite the acquisition of adequate security 
clearances by key personnel of any entity subject to the requirements 
of this section, to enable optimum communication with Federal agencies 
regarding threats to the security of the critical electric 
infrastructure. The Secretary, the Commission, and other appropriate 
Federal agencies shall, to the extent practicable and consistent with 
their obligations to protect classified and critical electric 
infrastructure information, share timely actionable information 
regarding grid security with appropriate key personnel of owners, 
operators, and users of the critical electric infrastructure.
    ``(f) Clarifications of Liability.--
            ``(1) Compliance with or violation of this act.--Except as 
        provided in paragraph (4), to the extent any action or omission 
        taken by an entity that is necessary to comply with an order 
        for emergency measures issued under subsection (b)(1), 
        including any action or omission taken to voluntarily comply 
        with such order, results in noncompliance with, or causes such 
        entity not to comply with any rule, order, regulation, or 
        provision of this Act, including any reliability standard 
        approved by the Commission pursuant to section 215, such action 
        or omission shall not be considered a violation of such rule, 
        order, regulation, or provision.
            ``(2)  Relation to section 202(c).--Except as provided in 
        paragraph (4), an action or omission taken by an owner, 
        operator, or user of critical electric infrastructure or of 
        defense critical electric infrastructure to comply with an 
        order for emergency measures issued under subsection (b)(1) 
        shall be treated as an action or omission taken to comply with 
        an order issued under section 202(c) for purposes of such 
        section.
            ``(3) Sharing or receipt of information.--No cause of 
        action shall lie or be maintained in any Federal or State court 
        for the sharing or receipt of information under, and that is 
        conducted in accordance with, subsection (d).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to require dismissal of a cause of action 
        against an entity that, in the course of complying with an 
        order for emergency measures issued under subsection (b)(1) by 
        taking an action or omission for which they would be liable but 
        for paragraph (1) or (2), takes such action or omission in a 
        grossly negligent manner.''.
    (b) Conforming Amendments.--
            (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
        Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
        after ``215,'' each place it appears.
            (2) Public utility.--Section 201(e) of the Federal Power 
        Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after 
        ``215,''.

SEC. 1105. STRATEGIC TRANSFORMER RESERVE.

    (a) Finding.--Congress finds that the storage of strategically 
located spare large power transformers will reduce the vulnerability of 
the United States to multiple risks facing electric grid reliability, 
including physical attack, cyber attack, electromagnetic pulse, 
geomagnetic disturbances, severe weather, and seismic events.
    (b) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has 
        the meaning given such term in section 215(a) of the Federal 
        Power Act (16 U.S.C. 824o(a)).
            (2) Critically damaged large power transformer.--The term 
        ``critically damaged large power transformer'' means a large 
        power transformer that--
                    (A) has sustained extensive damage such that--
                            (i) repair or refurbishment is not 
                        economically viable; or
                            (ii) the extensive time to repair or 
                        refurbish the large power transformer would 
                        create an extended period of instability in the 
                        bulk-power system; and
                    (B) prior to sustaining such damage, was part of 
                the bulk-power system.
            (3) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given such term in 
        section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (4) Large power transformer.--The term ``large power 
        transformer'' means a power transformer with a maximum 
        nameplate rating of 100 megavolt-amperes or higher, including 
        related critical equipment, that is, or is intended to be, a 
        part of the bulk-power system.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (6) Spare large power transformer.--The term ``spare large 
        power transformer'' means a large power transformer that is 
        stored within the Strategic Transformer Reserve to be available 
        to temporarily replace a critically damaged large power 
        transformer.
    (c) Strategic Transformer Reserve Plan.--
            (1) Plan.--Not later than one year after the date of 
        enactment of this Act, the Secretary, acting through the Office 
        of Electricity Delivery and Energy Reliability, shall, in 
        consultation with the Federal Energy Regulatory Commission, the 
        Electricity Sub-sector Coordinating Council, and the Electric 
        Reliability Organization, prepare and submit to Congress a plan 
        to establish a Strategic Transformer Reserve for the storage, 
        in strategically located facilities, of spare large power 
        transformers in sufficient numbers to temporarily replace 
        critically damaged large power transformers.
            (2) Inclusions.--The Strategic Transformer Reserve plan 
        shall include a description of--
                    (A) the appropriate number and type of spare large 
                power transformers necessary to provide or restore 
                sufficient resiliency to the bulk-power system to 
                mitigate significant impacts to the electric grid 
                resulting from--
                            (i) physical attack;
                            (ii) cyber attack;
                            (iii) electromagnetic pulse attack;
                            (iv) geomagnetic disturbances;
                            (v) severe weather; or
                            (vi) seismic events;
                    (B) other critical electric grid equipment for 
                which an inventory of spare equipment is necessary to 
                provide or restore sufficient resiliency to the bulk-
                power system;
                    (C) the degree to which utility sector actions or 
                initiatives, including individual utility ownership of 
                spare equipment, joint ownership of spare equipment 
                inventory, sharing agreements, or other spare equipment 
                reserves or arrangements, satisfy the needs identified 
                under subparagraphs (A) and (B);
                    (D) the potential locations for, and feasibility 
                and appropriate number of, strategic storage locations 
                for reserve equipment, including consideration of--
                            (i) the physical security of such 
                        locations;
                            (ii) the protection of the confidentiality 
                        of such locations; and
                            (iii) the proximity of such locations to 
                        sites of potentially critically damaged large 
                        power transformers, so as to enable efficient 
                        delivery of spare large power transformers to 
                        such sites;
                    (E) the necessary degree of flexibility of spare 
                large power transformers to be included in the 
                Strategic Transformer Reserve to conform to different 
                substation configurations, including consideration of 
                transformer--
                            (i) power and voltage rating for each 
                        winding;
                            (ii) overload requirements;
                            (iii) impedance between windings;
                            (iv) configuration of windings; and
                            (v) tap requirements;
                    (F) an estimate of the direct cost of the Strategic 
                Transformer Reserve, as proposed, including--
                            (i) the cost of storage facilities for the 
                        spare large power transformers;
                            (ii) the cost of the spare large power 
                        transformers; and
                            (iii) management, maintenance, and 
                        operation costs;
                    (G) the funding options available to establish, 
                stock, manage, and maintain the Strategic Transformer 
                Reserve, including consideration of fees on owners of 
                bulk-power system facilities relying on the Strategic 
                Transformer Reserve, use of Federal appropriations, and 
                public-private cost-sharing options;
                    (H) the ease and speed of transportation, 
                installation, and energization of spare large power 
                transformers to be included in the Strategic 
                Transformer Reserve, including consideration of factors 
                such as--
                            (i) transformer transportation weight;
                            (ii) transformer size;
                            (iii) topology of critical substations;
                            (iv) availability of appropriate 
                        transformer mounting pads;
                            (v) flexibility of the spare large power 
                        transformers as described in subparagraph (E); 
                        and
                            (vi) ability to rapidly transition a spare 
                        large power transformer from storage to 
                        energization;
                    (I) eligibility criteria for withdrawal of spare 
                large power transformers from the Strategic Transformer 
                Reserve to replace critically damaged large power 
                transformers;
                    (J) the process by which owners of critically 
                damaged large power transformers may apply for a 
                withdrawal from the Strategic Transformer Reserve;
                    (K) the process by which spare large power 
                transformers withdrawn from the Strategic Transformer 
                Reserve are returned to the Strategic Transformer 
                Reserve or are replaced;
                    (L) possible fees to be paid by owners of 
                critically damaged large power transformers that have 
                withdrawn such spare large power transformers from the 
                Strategic Transformer Reserve;
                    (M) possible fees to be paid by owners of large 
                power transformers to cover operating costs of the 
                Strategic Transformer Reserve;
                    (N) the domestic and international large power 
                transformer supply chain; and
                    (O) other considerations for designing, 
                constructing, stocking, funding, and managing the 
                Strategic Transformer Reserve.
    (d) Establishment.--The Secretary may establish a Strategic 
Transformer Reserve in accordance with the plan prepared pursuant to 
subsection (c) after the date that is 6 months after the date on which 
such plan is submitted to Congress.
    (e) Disclosure of Information.--Any information included in the 
Strategic Transformer Reserve plan, or shared in the preparation and 
development of such plan, the disclosure of which could cause harm to 
critical electric infrastructure (as defined in section 215A of the 
Federal Power Act), shall be exempt from disclosure under section 
552(b)(3) of title 5, United States Code, and any State, tribal, or 
local law requiring disclosure of information or records.

SEC. 1106. CYBER SENSE.

    (a) In General.--The Secretary of Energy shall establish a 
voluntary Cyber Sense program to identify and promote cyber-secure 
products intended for use in the bulk-power system, as defined in 
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
    (b) Program Requirements.--In carrying out subsection (a), the 
Secretary of Energy shall--
            (1) establish a Cyber Sense testing process to identify 
        products and technologies intended for use in the bulk-power 
        system, including products relating to industrial control 
        systems, such as supervisory control and data acquisition 
        systems;
            (2) for products tested and identified under the Cyber 
        Sense program, establish and maintain cybersecurity 
        vulnerability reporting processes and a related database;
            (3) promulgate regulations regarding vulnerability 
        reporting processes for products tested and identified under 
        the Cyber Sense program;
            (4) provide technical assistance to utilities, product 
        manufacturers, and other electric sector stakeholders to 
        develop solutions to mitigate identified vulnerabilities in 
        products tested and identified under the Cyber Sense program;
            (5) biennially review products tested and identified under 
        the Cyber Sense program for vulnerabilities and provide 
        analysis with respect to how such products respond to and 
        mitigate cyber threats;
            (6) develop procurement guidance for utilities for products 
        tested and identified under the Cyber Sense program;
            (7) provide reasonable notice to the public, and solicit 
        comments from the public, prior to establishing or revising the 
        Cyber Sense testing process;
            (8) oversee Cyber Sense testing carried out by third 
        parties; and
            (9) consider incentives to encourage the use in the bulk-
        power system of products tested and identified under the Cyber 
        Sense program.
    (c) Disclosure of Information.--Any vulnerability reported pursuant 
to regulations promulgated under subsection (b)(3), the disclosure of 
which could cause harm to critical electric infrastructure (as defined 
in section 215A of the Federal Power Act), shall be exempt from 
disclosure under section 552(b)(3) of title 5, United States Code, and 
any State, tribal, or local law requiring disclosure of information or 
records.
    (d) Federal Government Liability.--Consistent with other voluntary 
Federal Government certification programs, nothing in this section 
shall be construed to authorize the commencement of an action against 
the United States Government with respect to the testing and 
identification of a product under the Cyber Sense program.

SEC. 1107. STATE COVERAGE AND CONSIDERATION OF PURPA STANDARDS FOR 
              ELECTRIC UTILITIES.

    (a) State Consideration of Resiliency and Advanced Energy Analytics 
Technologies and Reliable Generation.--
            (1) Consideration.--Section 111(d) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended 
        by adding the following at the end:
            ``(20) Improving the resilience of electric 
        infrastructure.--
                    ``(A) In general.--Each electric utility shall 
                develop a plan to use resiliency-related technologies 
                and other approaches designed to improve the resilience 
                of electric infrastructure, mitigate power outages, 
                continue delivery of vital services, and maintain the 
                flow of power to facilities critical to public health, 
                safety, and welfare, to the extent practicable using 
                the most current data, metrics, and frameworks related 
                to current and future threats, including physical and 
                cyber attacks, electromagnetic pulse attacks, 
                geomagnetic disturbances, seismic events, and severe 
                weather and other environmental stressors.
                    ``(B) Resiliency-related technologies.--For 
                purposes of this paragraph, examples of resiliency-
                related technologies include--
                            ``(i) advanced grid technologies capable of 
                        isolating or repairing problems remotely, such 
                        as advanced metering infrastructure, high-tech 
                        sensors, grid monitoring and control systems, 
                        and remote reconfiguration and redundancy 
                        systems;
                            ``(ii) all types of distributed and back-up 
                        generation;
                            ``(iii) microgrids;
                            ``(iv) combined heat and power;
                            ``(v) waste heat resources;
                            ``(vi) energy storage technologies;
                            ``(vii) wiring, cabling, and other 
                        distribution components, including submersible 
                        distribution components, and enclosures;
                            ``(viii) electronically controlled 
                        reclosers and similar technologies for power 
                        restoration; and
                            ``(ix) advanced energy analytics technology 
                        (as described in paragraph (21)).
                    ``(C) Rate recovery.--Each State regulatory 
                authority (with respect to each electric utility for 
                which it has ratemaking authority) shall consider 
                authorizing each such electric utility to recover any 
                capital, operating expenditure, or other costs of the 
                electric utility related to the procurement, 
                deployment, or use of resiliency-related technologies, 
                including a reasonable rate of return on the capital 
                expenditures of the electric utility for the 
                procurement, deployment, or use of resiliency-related 
                technologies.
            ``(21) Promoting investments in advanced energy analytics 
        technology.--
                    ``(A) In general.--Each electric utility shall 
                develop and implement a plan for deploying advanced 
                energy analytics technology.
                    ``(B) Rate recovery.--Each State regulatory 
                authority (with respect to each electric utility for 
                which it has ratemaking authority) shall consider 
                confirming and clarifying, if necessary, that each such 
                electric utility is authorized to recover the costs of 
                the electric utility relating to the procurement, 
                deployment, or use of advanced energy analytics 
                technology, including a reasonable rate of return on 
                all such costs incurred by the electric utility for the 
                procurement, deployment, or use of advanced energy 
                analytics technology, provided such technology is used 
                by the electric utility for purposes of realizing 
                operational efficiencies, cost savings, enhanced energy 
                management and customer engagement, improvements in 
                system reliability, safety, and cybersecurity, or other 
                benefits to ratepayers.
                    ``(C) Advanced energy analytics technology.--For 
                purposes of this paragraph, examples of advanced energy 
                analytics technology include Internet-based and cloud-
                based computing solutions and subscription licensing 
                models, including software as a service that uses 
                cyber-physical systems to allow the correlation of data 
                aggregated from appropriate data sources and smart grid 
                sensor networks, employs analytics and machine 
                learning, or employs other advanced computing solutions 
                and models.
            ``(22) Assuring electric reliability with reliable 
        generation.--
                    ``(A) Assurance of electric reliability.--Each 
                electric utility shall adopt or modify policies to 
                ensure that such electric utility incorporates reliable 
                generation into its integrated resource plan to assure 
                the availability of electric energy over a 10-year 
                planning period.
                    ``(B) Reliable generation.--For purposes of this 
                paragraph, `reliable generation' means electric 
                generation facilities with reliability attributes that 
                include--
                            ``(i) operational characteristics that 
                        enable the generation of electric energy on a 
                        continuous basis;
                            ``(ii) in order to generate electric energy 
                        on a continuous basis--
                                    ``(I) possession of adequate fuel 
                                on-site;
                                    ``(II) the operational ability to 
                                generate electric energy from more than 
                                one fuel source; or
                                    ``(III) fuel certainty, through 
                                contractual obligations, that ensures 
                                adequate fuel supply;
                            ``(iii) operational characteristics that 
                        enable the generation of electric energy during 
                        emergency and severe weather conditions; and
                            ``(iv) essential reliability services, 
                        including frequency support and voltage 
                        support, to maintain electric reliability.''.
            (2) Compliance.--
                    (A) Time limitations.--Section 112(b) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(b)) is amended by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment 
        of this paragraph, each State regulatory authority (with 
        respect to each electric utility for which it has ratemaking 
        authority) and each nonregulated electric utility shall 
        commence the consideration referred to in section 111, or set a 
        hearing date for consideration, with respect to the standards 
        established by paragraphs (20) and (22) of section 111(d).
            ``(B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority) and each nonregulated electric utility 
        shall complete the consideration, and shall make the 
        determination, referred to in section 111 with respect to each 
        standard established by paragraphs (20) and (22) of section 
        111(d).
            ``(8)(A) Not later than 6 months after the date of 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority) and each nonregulated electric utility 
        shall commence the consideration referred to in section 111, or 
        set a hearing date for consideration, with respect to the 
        standard established by paragraph (21) of section 111(d).
            ``(B) Not later than 1 year after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which it has ratemaking authority) 
        and each nonregulated electric utility shall complete the 
        consideration, and shall make the determination, referred to in 
        section 111 with respect to the standard established by 
        paragraph (21) of section 111(d).''.
                    (B) Failure to comply.--Section 112(c) of the 
                Public Utility Regulatory Policies Act of 1978 (16 
                U.S.C. 2622(c)) is amended by adding the following at 
                the end: ``In the case of the standards established by 
                paragraphs (20) through (22) of section 111(d), the 
                reference contained in this subsection to the date of 
                enactment of this Act shall be deemed to be a reference 
                to the date of enactment of such paragraphs.''.
                    (C) Prior state actions.--Section 112 of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(d)) is amended by adding at the end the following 
                new subsection:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to a standard established by paragraph (20), (21), or 
(22) of section 111(d) in the case of any electric utility in a State 
if--
            ``(1) before the date of enactment of this subsection, the 
        State has implemented for such utility the standard concerned 
        (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility during the 3-year 
        period ending on the date of enactment of this subsection; or
            ``(3) the State legislature has voted on the implementation 
        of the standard concerned (or a comparable standard) for such 
        utility during the 3-year period ending on the date of 
        enactment of this subsection.''.
    (b) Coverage for Competitive Markets.--Section 102 of the Public 
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2612) is amended by 
adding at the end the following:
    ``(d) The requirements of this title do not apply to the operations 
of an electric utility, or to proceedings respecting such operations, 
to the extent that such operations or proceedings relate to the 
competitive sale of retail electric energy that is unbundled or 
separated from the regulated provision or sale of distribution 
service.''.

                    TITLE II--21ST CENTURY WORKFORCE

SEC. 2101. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.

    (a) In General.--The Secretary of Energy (in this section referred 
to as the ``Secretary'') shall establish and carry out a comprehensive 
program to improve education and training for energy and manufacturing-
related jobs in order to increase the number of skilled workers trained 
to work in energy and manufacturing-related fields, including by--
            (1) encouraging underrepresented groups, including 
        religious and ethnic minorities, women, veterans, individuals 
        with disabilities, and socioeconomically disadvantaged 
        individuals to enter into the science, technology, engineering, 
        and mathematics (in this section referred to as ``STEM'') 
        fields;
            (2) encouraging the Nation's education system to equip 
        students with the skills, mentorships, training, and technical 
        expertise necessary to fill the employment opportunities vital 
        to managing and operating the Nation's energy and manufacturing 
        industries;
            (3) providing students and other candidates for employment 
        with the necessary skills and certifications for skilled, 
        semiskilled, and highly skilled energy and manufacturing-
        related jobs; and
            (4) strengthening and more fully engaging Department of 
        Energy programs and labs in carrying out the Department's 
        Minorities in Energy Initiative.
    (b) Priority.--The Secretary shall make educating and training 
underrepresented groups for energy and manufacturing-related jobs a 
national priority under the program established under subsection (a).
    (c) Direct Assistance.--In carrying out the program established 
under subsection (a), the Secretary shall provide direct assistance 
(including financial assistance awards, technical expertise, wraparound 
services, career coaching, mentorships, internships, and partnerships) 
to schools, community colleges, workforce development organizations, 
nonprofit organizations, labor organizations, apprenticeship programs, 
and minority serving institutions. The Secretary shall distribute 
direct assistance in a manner proportional to energy and manufacturing 
industry needs and demand for jobs, consistent with information 
obtained under subsections (e)(3) and (i).
    (d) Clearinghouse.--In carrying out the program established under 
subsection (a), the Secretary shall establish a clearinghouse to--
            (1) maintain and update information and resources on 
        training and workforce development programs for energy and 
        manufacturing-related jobs; and
            (2) act as a resource, and provide guidance, for schools, 
        community colleges, universities (including minority serving 
        institutions), workforce development programs, labor management 
        organizations, and industry organizations that would like to 
        develop and implement energy and manufacturing-related training 
        programs.
    (e) Collaboration.--In carrying out the program established under 
subsection (a), the Secretary--
            (1) shall collaborate with schools, community colleges, 
        universities (including minority serving institutions), 
        workforce training organizations, national laboratories, 
        unions, State energy offices, workforce investment boards, and 
        the energy and manufacturing industries;
            (2) shall encourage and foster collaboration, mentorships, 
        and partnerships among organizations (including unions, 
        industry, schools, community colleges, workforce development 
        organizations, and colleges and universities) that currently 
        provide effective job training programs in the energy and 
        manufacturing fields and institutions (including schools, 
        community colleges, workforce development programs, and 
        colleges and universities) that seek to establish these types 
        of programs in order to share best practices and approaches 
        that best suit local, State, and national needs; and
            (3) shall collaborate with the Bureau of Labor Statistics, 
        the Department of Commerce, the Bureau of the Census, and the 
        energy and manufacturing industries to develop a comprehensive 
        and detailed understanding of the energy and manufacturing 
        workforce needs and opportunities by State and by region, and 
        publish an annual report on energy and manufacturing job 
        creation by the sectors enumerated in subsection (i).
    (f) Guidelines for Educational Institutions.--
            (1) In general.--In carrying out the program established 
        under subsection (a), the Secretary, in collaboration with the 
        Secretary of Education, the Secretary of Commerce, the 
        Secretary of Labor, the National Science Foundation, and 
        industry shall develop voluntary guidelines and best practices 
        for educational institutions of all levels, including for 
        elementary and secondary schools and community colleges and for 
        undergraduate, graduate, and postgraduate university programs, 
        to help provide graduates with the skills necessary to work in 
        energy and manufacturing-related jobs.
            (2) Input.--The Secretary shall solicit input from the oil, 
        gas, coal, renewable, nuclear, utility, energy-intensive and 
        advanced manufacturing, and pipeline industries in developing 
        guidelines under paragraph (1).
            (3) Energy and manufacturing efficiency and conservation 
        initiatives.--The guidelines developed under paragraph (1) 
        shall include grade-specific guidelines for teaching energy and 
        manufacturing efficiency and conservation initiatives to 
        educate students and families.
            (4) STEM education.--The guidelines developed under 
        paragraph (1) shall promote STEM education as it relates to job 
        opportunities in energy and manufacturing-related fields of 
        study in schools, community colleges, and universities 
        nationally.
    (g) Outreach to Minority Serving Institutions.--In carrying out the 
program established under subsection (a), the Secretary shall--
            (1) give special consideration to increasing outreach to 
        minority serving institutions (including historically black 
        colleges and universities, predominantly black institutions, 
        Hispanic serving institutions, and tribal institutions);
            (2) make resources available to minority serving 
        institutions with the objective of increasing the number of 
        skilled minorities and women trained to go into the energy and 
        manufacturing sectors;
            (3) encourage industry to improve the opportunities for 
        students of minority serving institutions to participate in 
        industry internships and cooperative work/study programs; and
            (4) partner with the Department of Energy laboratories to 
        increase underrepresented groups' participation in internships, 
        fellowships, traineeships, and employment at all Department of 
        Energy laboratories.
    (h) Outreach to Displaced and Unemployed Energy and Manufacturing 
Workers.--In carrying out the program established under subsection (a), 
the Secretary shall--
            (1) give special consideration to increasing outreach to 
        employers and job trainers preparing displaced and unemployed 
        energy and manufacturing workers for emerging energy and 
        manufacturing jobs;
            (2) make resources available to institutions serving 
        displaced and unemployed energy and manufacturing workers with 
        the objective of training individuals to re-enter the energy 
        and manufacturing workforce; and
            (3) encourage the energy and manufacturing industries to 
        improve opportunities for displaced and unemployed energy and 
        manufacturing workers to participate in internships and 
        cooperative work/study programs.
    (i) Guidelines To Develop Skills for an Energy and Manufacturing 
Industry Workforce.--In carrying out the program established under 
subsection (a), the Secretary shall collaborate with representatives 
from the energy and manufacturing industries (including the oil, gas, 
coal, nuclear, utility, pipeline, renewable, petrochemical, 
manufacturing, and electrical construction sectors) to identify the 
areas of highest need in each sector and to develop guidelines for the 
skills necessary to develop a workforce trained to go into the 
following sectors of the energy and manufacturing sectors:
            (1) Energy efficiency industry, including work in energy 
        efficiency, conservation, weatherization, or retrofitting, or 
        as inspectors or auditors.
            (2) Pipeline industry, including work in pipeline 
        construction and maintenance or work as engineers or technical 
        advisors.
            (3) Utility industry, including work in the generation, 
        transmission, and distribution of electricity and natural gas, 
        such as utility technicians, operators, lineworkers, engineers, 
        scientists, and information technology specialists.
            (4) Alternative fuels, including work in biofuel 
        development and production.
            (5) Nuclear industry, including work as scientists, 
        engineers, technicians, mathematicians, or security personnel.
            (6) Oil and gas industry, including work as scientists, 
        engineers, technicians, mathematicians, petrochemical 
        engineers, or geologists.
            (7) Renewable industry, including work in the development, 
        manufacturing, and production of renewable energy sources (such 
        as solar, hydropower, wind, or geothermal energy).
            (8) Coal industry, including work as coal miners, 
        engineers, developers and manufacturers of state-of-the-art 
        coal facilities, technology vendors, coal transportation 
        workers and operators, or mining equipment vendors.
            (9) Manufacturing industry, including work as operations 
        technicians, operations and design in additive manufacturing, 
        3-D printing, advanced composites, and advanced aluminum and 
        other metal alloys, industrial energy efficiency management 
        systems, including power electronics, and other innovative 
        technologies.
            (10) Chemical manufacturing industry, including work in 
        construction (such as welders, pipefitters, and tool and die 
        makers) or as instrument and electrical technicians, 
        machinists, chemical process operators, chemical engineers, 
        quality and safety professionals, and reliability engineers.
    (j) Enrollment in Training and Apprenticeship Programs.--In 
carrying out the program established under subsection (a), the 
Secretary shall work with industry, organized labor, and community-
based workforce organizations to help identify students and other 
candidates, including from underrepresented communities such as 
minorities, women, and veterans, to enroll into training and 
apprenticeship programs for energy and manufacturing-related jobs.

                TITLE III--ENERGY SECURITY AND DIPLOMACY

SEC. 3101. SENSE OF CONGRESS.

    Congress finds the following:
            (1) North America's energy revolution has significantly 
        enhanced energy security in the United States, and 
        fundamentally changed the Nation's energy future from that of 
        scarcity to abundance.
            (2) North America's energy abundance has increased global 
        energy supplies and reduced the price of energy for consumers 
        in the United States and abroad.
            (3) Allies and trading partners of the United States, 
        including in Europe and Asia, are seeking stable and affordable 
        energy supplies from North America to enhance their energy 
        security.
            (4) The United States has an opportunity to improve its 
        energy security and promote greater stability and affordability 
        of energy supplies for its allies and trading partners through 
        a more integrated, secure, and competitive North American 
        energy system.
            (5) The United States also has an opportunity to promote 
        such objectives by supporting the free flow of energy 
        commodities and more open, transparent, and competitive global 
        energy markets, and through greater Federal agency coordination 
        relating to regulations or agency actions that significantly 
        affect the supply, distribution, or use of energy.

SEC. 3102. ENERGY SECURITY VALUATION.

    (a) Establishment of Energy Security Valuation Methods.--Not later 
than one year after the date of enactment of this Act, the Secretary of 
Energy, in collaboration with the Secretary of State, shall develop and 
transmit, after public notice and comment, to the Committee on Energy 
and Commerce and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources and 
the Committee on Foreign Relations of the Senate a report that develops 
recommended United States energy security valuation methods. In 
developing the report, the Secretaries may consider the recommendations 
of the Administration's Quadrennial Energy Review released on April 21, 
2015. The report shall--
            (1) evaluate and define United States energy security to 
        reflect modern domestic and global energy markets and the 
        collective needs of the United States and its allies and 
        partners;
            (2) identify transparent and uniform or coordinated 
        procedures and criteria to ensure that energy-related actions 
        that significantly affect the supply, distribution, or use of 
        energy are evaluated with respect to their potential impact on 
        energy security, including their impact on--
                    (A) consumers and the economy;
                    (B) energy supply diversity and resiliency;
                    (C) well-functioning and competitive energy 
                markets;
                    (D) United States trade balance; and
                    (E) national security objectives; and
            (3) include a recommended implementation strategy that 
        identifies and aims to ensure that the procedures and criteria 
        referred to in paragraph (2) are--
                    (A) evaluated consistently across the Federal 
                Government; and
                    (B) weighed appropriately and balanced with 
                environmental considerations required by Federal law.
    (b) Participation.--In developing the report referred to in 
subsection (a), the Secretaries may consult with relevant Federal, 
State, private sector, and international participants, as appropriate 
and consistent with applicable law.

SEC. 3103. NORTH AMERICAN ENERGY SECURITY PLAN.

    (a) Requirement.--Not later than one year after the date of 
enactment of this Act, the Secretary of Energy, in collaboration with 
the Secretary of State, shall develop and transmit to the Committee on 
Energy and Commerce and the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Energy and Natural Resources 
and the Committee on Foreign Relations of the Senate the plan described 
in subsection (b).
    (b) Purpose.--The plan referred to in subsection (a) shall 
include--
            (1) a recommended framework and implementation strategy 
        to--
                    (A) improve planning and coordination with Canada 
                and Mexico to enhance energy integration, strengthen 
                North American energy security, and promote 
                efficiencies in the exploration, production, storage, 
                supply, distribution, marketing, pricing, and 
                regulation of North American energy resources; and
                    (B) address--
                            (i) North American energy public data, 
                        statistics, and mapping collaboration;
                            (ii) responsible and sustainable best 
                        practices for the development of unconventional 
                        oil and natural gas; and
                            (iii) modern, resilient energy 
                        infrastructure for North America, including 
                        physical infrastructure as well as 
                        institutional infrastructure such as policies, 
                        regulations, and practices relating to energy 
                        development; and
            (2) a recommended framework and implementation strategy to 
        improve collaboration with Caribbean and Central American 
        partners on energy security, including actions to support--
                    (A) more open, transparent, and competitive energy 
                markets;
                    (B) regulatory capacity building;
                    (C) improvements to energy transmission and 
                storage; and
                    (D) improvements to the performance of energy 
                infrastructure and efficiency.
    (c) Participation.--In developing the plan referred to in 
subsection (a), the Secretaries may consult with other Federal, State, 
private sector, and international participants, as appropriate and 
consistent with applicable law.

SEC. 3104. COLLECTIVE ENERGY SECURITY.

    (a) In General.--The Secretary of Energy and the Secretary of State 
shall collaborate to strengthen domestic energy security and the energy 
security of the allies and trading partners of the United States, 
including through actions that support or facilitate--
            (1) energy diplomacy;
            (2) the delivery of United States assistance, including 
        energy resources and technologies, to prevent or mitigate an 
        energy security crisis;
            (3) the development of environmentally and commercially 
        sustainable energy resources;
            (4) open, transparent, and competitive energy markets; and
            (5) regulatory capacity building.
    (b) Energy Security Forums.--Not later than one year after the date 
of enactment of this Act, the Secretary of Energy, in collaboration 
with the Secretary of State, shall convene not less than 2 forums to 
promote the collective energy security of the United States and its 
allies and trading partners. The forums shall include participation by 
the Secretary of Energy and the Secretary of State. In addition, an 
invitation shall be extended to--
            (1) appropriate representatives of foreign governments that 
        are allies or trading partners of the United States; and
            (2) independent experts and industry representatives.
    (c) Requirements.--The forums shall--
            (1) consist of at least one Trans-Atlantic and one Trans-
        Pacific energy security forum;
            (2) be designed to foster dialogue among government 
        officials, independent experts, and industry representatives 
        regarding--
                    (A) the current state of global energy markets;
                    (B) trade and investment issues relevant to energy; 
                and
                    (C) barriers to more open, competitive, and 
                transparent energy markets; and
            (3) be recorded and made publically available on the 
        Department of Energy's website, including, not later than 30 
        days after each forum, publication on the website any 
        significant outcomes.
    (d) Notification.--At least 30 days before each of the forums 
referred to in subsection (b), the Secretary of Energy shall send a 
notification regarding the forum to--
            (1) the chair and the ranking minority member of the 
        Committee on Energy and Commerce and the Committee on Foreign 
        Affairs of the House of Representatives; and
            (2) the chair and ranking minority member of the Committee 
        on Energy and Natural Resources and the Committee on Foreign 
        Relations of the Senate.

SEC. 3105. STRATEGIC PETROLEUM RESERVE MISSION READINESS PLAN.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy shall conduct a long-range strategic review of 
the Strategic Petroleum Reserve and develop and transmit to Congress a 
plan that includes an analysis and implementation schedule that--
            (1) specifies near-term and long-term roles of the 
        Strategic Petroleum Reserve relative to United States energy 
        security and economic goals and objectives;
            (2) describes existing legal authorities governing the 
        policies, configuration, and capabilities of the Strategic 
        Petroleum Reserve;
            (3) identifies Strategic Petroleum Reserve configuration 
        and performance capabilities and recommends an action plan to 
        achieve the optimal--
                    (A) capacity, location, and composition of 
                petroleum products in the Reserve; and
                    (B) storage and distributional capabilities; and
            (4) estimates the resources required to attain and maintain 
        the Strategic Petroleum Reserve's long-term sustainability and 
        operational effectiveness.

             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.

    (a) Amendment.--Subtitle C of title V of the Energy Independence 
and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is 
amended by adding at the end the following:

``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION 
              TECHNOLOGIES.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(2) Information technology.--The term `information 
        technology' has the meaning given that term in section 11101 of 
        title 40, United States Code.
    ``(b) Development of Implementation Strategy.--Not later than 1 
year after the date of enactment of this section, each Federal agency 
shall coordinate with the Director, the Secretary, and the 
Administrator of the Environmental Protection Agency to develop an 
implementation strategy (that includes best practices and measurement 
and verification techniques) for the maintenance, purchase, and use by 
the Federal agency of energy-efficient and energy-saving information 
technologies, taking into consideration the performance goals 
established under subsection (d).
    ``(c) Administration.--In developing an implementation strategy 
under subsection (b), each Federal agency shall consider--
            ``(1) advanced metering infrastructure;
            ``(2) energy-efficient data center strategies and methods 
        of increasing asset and infrastructure utilization;
            ``(3) advanced power management tools;
            ``(4) building information modeling, including building 
        energy management;
            ``(5) secure telework and travel substitution tools; and
            ``(6) mechanisms to ensure that the agency realizes the 
        energy cost savings brought about through increased efficiency 
        and utilization.
    ``(d) Performance Goals.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Director, in consultation 
        with the Secretary, shall establish performance goals for 
        evaluating the efforts of Federal agencies in improving the 
        maintenance, purchase, and use of energy-efficient and energy-
        saving information technology.
            ``(2) Best practices.--The Chief Information Officers 
        Council established under section 3603 of title 44, United 
        States Code, shall recommend best practices for the attainment 
        of the performance goals, which shall include Federal agency 
        consideration of, to the extent applicable by law, the use of--
                    ``(A) energy savings performance contracting; and
                    ``(B) utility energy services contracting.
    ``(e) Reports.--
            ``(1) Agency reports.--Each Federal agency shall include in 
        the report of the agency under section 527 a description of the 
        efforts and results of the agency under this section.
            ``(2) OMB government efficiency reports and scorecards.--
        Effective beginning not later than October 1, 2017, the 
        Director shall include in the annual report and scorecard of 
        the Director required under section 528 a description of the 
        efforts and results of Federal agencies under this section.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Independence and Security Act of 2007 is amended by adding after the 
item relating to section 529 the following:

``Sec. 530. Energy-efficient and energy-saving information 
                            technologies.''.

SEC. 4112. ENERGY EFFICIENT DATA CENTERS.

    Section 453 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17112) is amended--
            (1) in subsection (b)(2)(D)(iv), by striking ``determined 
        by the organization'' and inserting ``proposed by the 
        stakeholders'';
            (2) by striking subsection (b)(3); and
            (3) by striking subsections (c) through (g) and inserting 
        the following:
    ``(c) Stakeholder Involvement.--The Secretary and the Administrator 
shall carry out subsection (b) in collaboration with information 
technology industry and other key stakeholders, with the goal of 
producing results that accurately reflect the most relevant and useful 
information available. In such collaboration, the Secretary and the 
Administrator shall pay particular attention to organizations that--
            ``(1) have members with expertise in energy efficiency and 
        in the development, operation, and functionality of data 
        centers, information technology equipment, and software, such 
        as representatives of hardware manufacturers, data center 
        operators, and facility managers;
            ``(2) obtain and address input from Department of Energy 
        National Laboratories or any college, university, research 
        institution, industry association, company, or public interest 
        group with applicable expertise;
            ``(3) follow--
                    ``(A) commonly accepted procedures for the 
                development of specifications; and
                    ``(B) accredited standards development processes; 
                and
            ``(4) have a mission to promote energy efficiency for data 
        centers and information technology.
    ``(d) Measurements and Specifications.--The Secretary and the 
Administrator shall consider and assess the adequacy of the 
specifications, measurements, best practices, and benchmarks described 
in subsection (b) for use by the Federal Energy Management Program, the 
Energy Star Program, and other efficiency programs of the Department of 
Energy or the Environmental Protection Agency.
    ``(e) Study.--The Secretary, in collaboration with the 
Administrator, shall, not later than 18 months after the date of 
enactment of the North American Energy Security and Infrastructure Act 
of 2015, make available to the public an update to the Report to 
Congress on Server and Data Center Energy Efficiency published on 
August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), 
that provides--
            ``(1) a comparison and gap analysis of the estimates and 
        projections contained in the original report with new data 
        regarding the period from 2008 through 2015;
            ``(2) an analysis considering the impact of information 
        technologies, including virtualization and cloud computing, in 
        the public and private sectors;
            ``(3) an evaluation of the impact of the combination of 
        cloud platforms, mobile devices, social media, and big data on 
        data center energy usage;
            ``(4) an evaluation of water usage in data centers and 
        recommendations for reductions in such water usage; and
            ``(5) updated projections and recommendations for best 
        practices through fiscal year 2020.
    ``(f) Data Center Energy Practitioner Program.--The Secretary, in 
collaboration with key stakeholders and the Director of the Office of 
Management and Budget, shall maintain a data center energy practitioner 
program that leads to the certification of energy practitioners 
qualified to evaluate the energy usage and efficiency opportunities in 
Federal data centers. Each Federal agency shall consider having the 
data centers of the agency evaluated every 4 years, in accordance with 
section 543(f) of the National Energy Conservation Policy Act (42 
U.S.C. 8253), by energy practitioners certified pursuant to such 
program.
    ``(g) Open Data Initiative.--The Secretary, in collaboration with 
key stakeholders and the Director of the Office of Management and 
Budget, shall establish an open data initiative for Federal data center 
energy usage data, with the purpose of making such data available and 
accessible in a manner that encourages further data center innovation, 
optimization, and consolidation. In establishing the initiative, the 
Secretary shall consider the use of the online Data Center Maturity 
Model.
    ``(h) International Specifications and Metrics.--The Secretary, in 
collaboration with key stakeholders, shall actively participate in 
efforts to harmonize global specifications and metrics for data center 
energy and water efficiency.
    ``(i) Data Center Utilization Metric.--The Secretary, in 
collaboration with key stakeholders, shall facilitate the development 
of an efficiency metric that measures the energy efficiency of a data 
center (including equipment and facilities).
    ``(j) Protection of Proprietary Information.--The Secretary and the 
Administrator shall not disclose any proprietary information or trade 
secrets provided by any individual or company for the purposes of 
carrying out this section or the programs and initiatives established 
under this section.''.

SEC. 4113. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM THERMAL 
              INSULATION.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Energy, in consultation with appropriate 
Federal agencies and relevant stakeholders, shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report on the impact of thermal insulation on both energy and water use 
systems for potable hot and chilled water in Federal buildings, and the 
return on investment of installing such insulation.
    (b) Contents.--The report shall include--
            (1) an analysis based on the cost of municipal or regional 
        water for delivered water and the avoided cost of new water; 
        and
            (2) a summary of energy and water savings, including short-
        term and long-term (20 years) projections of such savings.

SEC. 4114. FEDERAL PURCHASE REQUIREMENT.

    Section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 
15852(b)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Renewable energy.--The term `renewable energy' means 
        electric energy, or thermal energy if resulting from a thermal 
        energy project placed in service after December 31, 2014, 
        generated from, or avoided by, solar, wind, biomass, landfill 
        gas, ocean (including tidal, wave, current, and thermal), 
        geothermal, municipal solid waste (other than commonly recycled 
        paper that is segregated from solid waste), qualified waste 
        heat resource, or new hydroelectric generation capacity 
        achieved from increased efficiency or additions of new capacity 
        at an existing hydroelectric project.
            ``(3) Qualified waste heat resource.--The term `qualified 
        waste heat resource' means--
                    ``(A) exhaust heat or flared gas from any 
                industrial process;
                    ``(B) waste gas or industrial tail gas that would 
                otherwise be flared, incinerated, or vented;
                    ``(C) a pressure drop in any gas for an industrial 
                or commercial process; or
                    ``(D) such other forms of waste heat as the 
                Secretary determines appropriate.''.

        CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

SEC. 4121. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE LABELS.

    Section 324(a)(2) of the Energy Policy and Conservation Act (42 
U.S.C. 6294(a)(2)) is amended by adding the following at the end:
                    ``(J)(i) Not later than 1 year after the date of 
                enactment of this subparagraph, the Commission shall 
                initiate a rulemaking to consider making a special note 
                in a prominent manner on any Energy Guide label for any 
                product that includes Smart Grid capability that--
                            ``(I) Smart Grid capability is a feature of 
                        that product;
                            ``(II) the use and value of that feature 
                        depend on the Smart Grid capability of the 
                        utility system in which the product is 
                        installed and the active utilization of that 
                        feature by the customer; and
                            ``(III) on a utility system with Smart Grid 
                        capability, the use of the product's Smart Grid 
                        capability could reduce the customer's cost of 
                        the product's annual operation as a result of 
                        the incremental energy and electricity cost 
                        savings that would result from the customer 
                        taking full advantage of such Smart Grid 
                        capability.
                    ``(ii) Not later than 3 years after the date of 
                enactment of this subparagraph, the Commission shall 
                complete the rulemaking initiated under clause (i).''.

SEC. 4122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING, 
              FURNACE, BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.

    Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 
6296(b)) is amended by adding at the end the following:
    ``(6) Voluntary Verification Programs for Air Conditioning, 
Furnace, Boiler, Heat Pump, and Water Heater Products.--
            ``(A) Reliance on voluntary programs.--For the purpose of 
        verifying compliance with energy conservation standards and 
        Energy Star specifications established under sections 324A, 
        325, and 342 for covered products described in paragraphs (3), 
        (4), (5), (9), and (11) of section 322(a) and covered equipment 
        described in subparagraphs (B), (C), (D), (F), (I), (J), and 
        (K) of section 340(1), the Secretary and the Administrator of 
        the Environmental Protection Agency shall rely on testing 
        conducted by recognized voluntary verification programs that 
        are recognized by the Secretary in accordance with subparagraph 
        (B).
            ``(B) Recognition of voluntary verification programs.--
                    ``(i) In general.--Not later than 180 days after 
                the date of enactment of this paragraph, the Secretary 
                shall initiate a negotiated rulemaking in accordance 
                with subchapter III of chapter 5 of title 5, United 
                States Code (commonly known as the `Negotiated 
                Rulemaking Act of 1990'), to develop criteria that have 
                consensus support for achieving recognition by the 
                Secretary as an approved voluntary verification 
                program. Any subsequent amendment to such criteria may 
                be made only pursuant to a subsequent negotiated 
                rulemaking in accordance with subchapter III of chapter 
                5 of title 5, United States Code.
                    ``(ii) Minimum requirements.--The criteria 
                developed under clause (i) shall, at a minimum, ensure 
                that a voluntary verification program--
                            ``(I) is nationally recognized;
                            ``(II) is operated by a third party and not 
                        directly operated by a program participant;
                            ``(III) satisfies any applicable elements 
                        of--
                                    ``(aa) International Organization 
                                for Standardization standard numbered 
                                17025; and
                                    ``(bb) any other relevant 
                                International Organization for 
                                Standardization standards identified 
                                and agreed to through the negotiated 
                                rulemaking under clause (i);
                            ``(IV) at least annually tests 
                        independently obtained products following the 
                        test procedures established under this title to 
                        verify the certified rating of a representative 
                        sample of products and equipment within the 
                        scope of the program;
                            ``(V) maintains a publicly available list 
                        of all ratings of products subject to 
                        verification;
                            ``(VI) requires the changing of the 
                        performance rating or removal of the product or 
                        equipment from the program if testing 
                        determines that the performance rating does not 
                        meet the levels the manufacturer has certified 
                        to the Secretary;
                            ``(VII) requires new program participants 
                        to substantiate ratings through test data 
                        generated in accordance with Department of 
                        Energy regulations;
                            ``(VIII) allows for challenge testing of 
                        products and equipment within the scope of the 
                        program;
                            ``(IX) requires program participants to 
                        disclose the performance rating of all covered 
                        products and equipment within the scope of the 
                        program for the covered product or equipment;
                            ``(X) provides to the Secretary--
                                    ``(aa) an annual report of all test 
                                results, the contents of which shall be 
                                determined through the negotiated 
                                rulemaking process under clause (i); 
                                and
                                    ``(bb) test reports, on the request 
                                of the Secretary or the Administrator 
                                of the Environmental Protection Agency, 
                                that note any instructions specified by 
                                the manufacturer or the representative 
                                of the manufacturer for the purpose of 
                                conducting the verification testing, to 
                                be exempted from disclosure under 
                                section 552(b)(4) of title 5, United 
                                States Code; and
                            ``(XI) satisfies any additional 
                        requirements or standards that the Secretary 
                        and Administrator of the Environmental 
                        Protection Agency shall establish consistent 
                        with this subparagraph.
                    ``(iii) Cessation of recognition.--The Secretary 
                may only cease recognition of a voluntary verification 
                program as an approved program described in 
                subparagraph (A) upon a finding that the program is not 
                meeting its obligations for compliance through program 
                review criteria developed during the negotiated 
                rulemaking conducted under subparagraph (B).
            ``(C) Administration.--
                    ``(i) In general.--The Secretary and the 
                Administrator of the Environmental Protection Agency 
                shall not require--
                            ``(I) manufacturers to participate in a 
                        recognized voluntary verification program 
                        described in subparagraph (A); or
                            ``(II) participating manufacturers to 
                        provide information that has already been 
                        provided to the Secretary or the Administrator.
                    ``(ii) List of covered products.--The Secretary or 
                the Administrator of the Environmental Protection 
                Agency may maintain a publicly available list of 
                covered products and equipment that distinguishes 
                between products that are and are not covered products 
                and equipment verified through a recognized voluntary 
                verification program described in subparagraph (A).
                    ``(iii) Periodic verification testing.--The 
                Secretary--
                            ``(I) shall not subject products or 
                        equipment that have been verification tested 
                        under a recognized voluntary verification 
                        program described in subparagraph (A) to 
                        periodic verification testing to verify the 
                        accuracy of the certified performance rating of 
                        the products or equipment; but
                            ``(II) may require testing of products or 
                        equipment described in subclause (I)--
                                    ``(aa) if the testing is 
                                necessary--
                                            ``(AA) to assess the 
                                        overall performance of a 
                                        voluntary verification program;
                                            ``(BB) to address specific 
                                        performance issues;
                                            ``(CC) for use in updating 
                                        test procedures and standards; 
                                        or
                                            ``(DD) for other purposes 
                                        consistent with this title; or
                                    ``(bb) if such testing is agreed to 
                                during the negotiated rulemaking 
                                conducted under subparagraph (B).
            ``(D) Effect on other authority.--Nothing in this paragraph 
        limits the authority of the Secretary or the Administrator of 
        the Environmental Protection Agency to enforce compliance with 
        any law.''.

SEC. 4123. FACILITATING CONSENSUS FURNACE STANDARDS.

    (a) Congressional Findings and Declaration of Purpose.--
            (1) Findings.--Congress finds that--
                    (A) acting pursuant to the requirements of section 
                325 of the Energy Policy and Conservation Act (42 
                U.S.C. 6295), the Secretary of Energy is considering 
                amending the energy conservation standards applicable 
                to residential non-weatherized gas furnaces and mobile 
                home gas furnaces;
                    (B) numerous stakeholders, representing 
                manufacturers, distributors, and installers of 
                residential non-weatherized gas furnaces and mobile 
                home furnaces, natural gas utilities, home builders, 
                multifamily property owners, and energy efficiency, 
                environmental, and consumer advocates have begun 
                negotiations in an attempt to agree on a consensus 
                recommendation to the Secretary on levels for such 
                standards that will meet the statutory criteria; and
                    (C) the stakeholders believe these negotiations are 
                likely to result in a consensus recommendation, but 
                several of the stakeholders do not support suspending 
                the current rulemaking.
            (2) Purpose.--It is the purpose of this section to provide 
        the stakeholders described in paragraph (1) with an opportunity 
        to continue negotiations for a limited time period to 
        facilitate the proposal for adoption of standards that enjoy 
        consensus support, while not delaying the current rulemaking 
        except to the extent necessary to provide such opportunity.
    (b) Opportunity for a Negotiated Furnace Standard.--Section 
325(f)(4) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(f)(4)) is amended by adding after subparagraph (D) the following:
    ``(E)(i) Unless the Secretary has published such a notice prior to 
the date of enactment of this Act, the Secretary shall publish, not 
later than October 31, 2015, a supplemental notice of proposed 
rulemaking or a notice of data availability updating the proposed rule 
entitled `Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Furnaces' and published in the 
Federal Register on March 12, 2015 (80 Fed. Reg. 13119), to provide 
notice and an opportunity for comment on--
                    ``(I) dividing non-weatherized natural gas furnaces 
                into two or more product classes with separate energy 
                conservation standards based on capacity; and
                    ``(II) any other matters the Secretary determines 
                appropriate.
    ``(ii) On receipt of a statement that is submitted on or before 
January 1, 2016, jointly by interested persons that are fairly 
representative of relevant points of view, that contains recommended 
standards for non-weatherized natural gas furnaces and mobile home gas 
furnaces that are consistent with the requirements of this part (except 
that the date on which such standards will apply may be earlier or 
later than the date required under this part), the Secretary shall 
evaluate the standards proposed in the joint statement for consistency 
with the requirements of subsection (o), and shall publish notice of 
the potential adoption of the standards proposed in the joint 
statement, modified as necessary to ensure consistency with subsection 
(o). The Secretary shall solicit public comment for a period of at 
least 30 days with respect to such notice.
    ``(iii) Not later than July 31, 2016, but not before July 1, 2016, 
the Secretary shall publish a final rule containing a determination of 
whether the standards for non-weatherized natural gas furnaces and 
mobile home gas furnaces should be amended. Such rule shall contain any 
such amendments to the standards.''.

SEC. 4124. FUTURE OF INDUSTRY PROGRAM.

    (a) In General.--Section 452 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17111) is amended by striking the 
section heading and inserting the following: ``future of industry 
program''.
    (b) Definition of Energy Service Provider.--Section 452(a) of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17111(a)) is 
amended--
            (1) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (2) by inserting after paragraph (2):
            ``(3) Energy service provider.--The term `energy service 
        provider' means any business providing technology or services 
        to improve the energy efficiency, water efficiency, power 
        factor, or load management of a manufacturing site or other 
        industrial process in an energy-intensive industry, or any 
        utility operating under a utility energy service project.''.
    (c) Industrial Research and Assessment Centers.--Section 452(e) of 
the Energy Independence and Security Act of 2007 (42 U.S.C. 17111(e)) 
is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting 
        appropriately;
            (2) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary'';
            (3) in subparagraph (A) (as redesignated by paragraph (1)), 
        by inserting before the semicolon at the end the following: ``, 
        including assessments of sustainable manufacturing goals and 
        the implementation of information technology advancements for 
        supply chain analysis, logistics, system monitoring, industrial 
        and manufacturing processes, and other purposes''; and
            (4) by adding at the end the following:
            ``(2) Coordination.--To increase the value and capabilities 
        of the industrial research and assessment centers, the centers 
        shall--
                    ``(A) coordinate with Manufacturing Extension 
                Partnership Centers of the National Institute of 
                Standards and Technology;
                    ``(B) coordinate with the Building Technologies 
                Office of the Department of Energy to provide building 
                assessment services to manufacturers;
                    ``(C) increase partnerships with the National 
                Laboratories of the Department of Energy to leverage 
                the expertise and technologies of the National 
                Laboratories for national industrial and manufacturing 
                needs; and
                    ``(D) increase partnerships with energy service 
                providers and technology providers to leverage private 
                sector expertise and accelerate deployment of new and 
                existing technologies and processes for energy 
                efficiency, power factor, and load management.
            ``(3) Outreach.--The Secretary shall provide funding for--
                    ``(A) outreach activities by the industrial 
                research and assessment centers to inform small- and 
                medium-sized manufacturers of the information, 
                technologies, and services available; and
                    ``(B) coordination activities by each industrial 
                research and assessment center to leverage efforts 
                with--
                            ``(i) Federal and State efforts;
                            ``(ii) the efforts of utilities and energy 
                        service providers;
                            ``(iii) the efforts of regional energy 
                        efficiency organizations; and
                            ``(iv) the efforts of other industrial 
                        research and assessment centers.
            ``(4) Small business loans.--The Administrator of the Small 
        Business Administration shall, to the maximum extent 
        practicable, expedite consideration of applications from 
        eligible small business concerns for loans under the Small 
        Business Act (15 U.S.C. 631 et seq.) to implement 
        recommendations of industrial research and assessment centers 
        established under paragraph (1).''.
    (d) Conforming Amendment.--The item relating to section 452 in the 
table of contents for the Energy Independence and Security Act of 2007 
is amended to read as follows:

``Sec. 452. Future of Industry program.''.

               CHAPTER 3--ENERGY PERFORMANCE CONTRACTING

SEC. 4131. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL 
              BUILDINGS.

    (a) Energy Management Requirements.--Section 543(f)(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is 
amended--
            (1) by moving the margins of subparagraphs (A) and (B) 2 
        ems to the right and redesignating such subparagraphs as 
        clauses (i) and (ii), respectively;
            (2) by striking ``Not later than'' and inserting the 
        following:
                    ``(A) In general.--Not later than''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Measures not implemented.--Each energy 
                manager, as part of the certification system under 
                paragraph (7) and using guidelines developed by the 
                Secretary, shall provide an explanation regarding any 
                life-cycle cost-effective measures described in 
                subparagraph (A)(i) that have not been implemented.''.
    (b) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the status of each agency's energy savings 
        performance contracts and utility energy service contracts, the 
        investment value of such contracts, the guaranteed energy 
        savings for the previous year as compared to the actual energy 
        savings for the previous year, the plan for entering into such 
        contracts in the coming year, and information explaining why 
        any previously submitted plans for such contracts were not 
        implemented.''.
    (c) Federal Energy Management Definitions.--Section 551(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended 
by striking ``or retrofit activities'' and inserting ``retrofit 
activities, or energy consuming devices and required support 
structures''.
    (d) Authority To Enter Into Contracts.--Section 801(a)(2)(F) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                            ``(iii) limit the recognition of operation 
                        and maintenance savings associated with systems 
                        modernized or replaced with the implementation 
                        of energy conservation measures, water 
                        conservation measures, or any series of energy 
                        conservation measures and water conservation 
                        measures.''.
    (e) Miscellaneous Authority.--Section 801(a)(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding 
at the end the following:
                    ``(H) Miscellaneous authority.--Notwithstanding any 
                other provision of law, a Federal agency may sell or 
                transfer energy savings and apply the proceeds of such 
                sale or transfer to fund a contract under this 
                title.''.
    (f) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and 
related operation and maintenance expenses)'' and inserting ``, 
including related operations and maintenance expenses''.
    (g) Energy Savings Performance Contracts Definitions.--Section 
804(2) of the National Energy Conservation Policy Act (42 U.S.C. 
8287c(2)) is amended--
            (1) in subparagraph (A), by striking ``federally owned 
        building or buildings or other federally owned facilities'' and 
        inserting ``Federal building (as defined in section 551 (42 
        U.S.C. 8259))'' each place it appears;
            (2) in subparagraph (C), by striking ``; and'' and 
        inserting a semicolon;
            (3) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following new subparagraphs:
                    ``(E) the use, sale, or transfer of energy 
                incentives, rebates, or credits (including renewable 
                energy credits) from Federal, State, or local 
                governments or utilities; and
                    ``(F) any revenue generated from a reduction in 
                energy or water use, more efficient waste recycling, or 
                additional energy generated from more efficient 
                equipment.''.

                      CHAPTER 4--SCHOOL BUILDINGS

SEC. 4141. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.

    Section 392 of the Energy Policy and Conservation Act (42 U.S.C. 
6371a) is amended by adding at the end the following:
    ``(e) Coordination of Energy Retrofitting Assistance for Schools.--
            ``(1) Definition of school.--Notwithstanding section 
        391(6), for the purposes of this subsection, the term `school' 
        means--
                    ``(A) an elementary school or secondary school (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801));
                    ``(B) an institution of higher education (as 
                defined in section 102(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1002(a)));
                    ``(C) a school of the defense dependents' education 
                system under the Defense Dependents' Education Act of 
                1978 (20 U.S.C. 921 et seq.) or established under 
                section 2164 of title 10, United States Code;
                    ``(D) a school operated by the Bureau of Indian 
                Affairs;
                    ``(E) a tribally controlled school (as defined in 
                section 5212 of the Tribally Controlled Schools Act of 
                1988 (25 U.S.C. 2511)); and
                    ``(F) a Tribal College or University (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))).
            ``(2) Establishment of clearinghouse.--The Secretary, 
        acting through the Office of Energy Efficiency and Renewable 
        Energy, shall establish a clearinghouse to disseminate 
        information regarding available Federal programs and financing 
        mechanisms that may be used to help initiate, develop, and 
        finance energy efficiency, distributed generation, and energy 
        retrofitting projects for schools.
            ``(3) Requirements.--In carrying out paragraph (2), the 
        Secretary shall--
                    ``(A) consult with appropriate Federal agencies to 
                develop a list of Federal programs and financing 
                mechanisms that are, or may be, used for the purposes 
                described in paragraph (2); and
                    ``(B) coordinate with appropriate Federal agencies 
                to develop a collaborative education and outreach 
                effort to streamline communications and promote 
                available Federal programs and financing mechanisms 
                described in subparagraph (A), which may include the 
                development and maintenance of a single online resource 
                that includes contact information for relevant 
                technical assistance in the Office of Energy Efficiency 
                and Renewable Energy that States, local education 
                agencies, and schools may use to effectively access and 
                use such Federal programs and financing mechanisms.''.

                       Subtitle B--Accountability

      CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

SEC. 4211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC 
              PARTICIPATION.

    Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended 
to read as follows:

``SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC PARTICIPATION.

    ``(a) Establishment.--There is established within the Commission an 
Office of Compliance Assistance and Public Participation (referred to 
in this section as the `Office'). The Office shall be headed by a 
Director.
    ``(b) Duties of Director.--
            ``(1) In general.--The Director of the Office shall promote 
        improved compliance with Commission rules and orders by--
                    ``(A) making recommendations to the Commission 
                regarding--
                            ``(i) the protection of consumers;
                            ``(ii) market integrity and support for the 
                        development of responsible market behavior;
                            ``(iii) the application of Commission rules 
                        and orders in a manner that ensures that--
                                    ``(I) rates and charges for, or in 
                                connection with, the transmission or 
                                sale of electric energy subject to the 
                                jurisdiction of the Commission shall be 
                                just and reasonable and not unduly 
                                discriminatory or preferential; and
                                    ``(II) markets for such 
                                transmission and sale of electric 
                                energy are not impaired and consumers 
                                are not damaged; and
                            ``(iv) the impact of existing and proposed 
                        Commission rules and orders on small entities, 
                        as defined in section 601 of title 5, United 
                        States Code (commonly known as the Regulatory 
                        Flexibility Act);
                    ``(B) providing entities subject to regulation by 
                the Commission the opportunity to obtain timely 
                guidance for compliance with Commission rules and 
                orders; and
                    ``(C) providing information to the Commission and 
                Congress to inform policy with respect to energy issues 
                under the jurisdiction of the Commission.
            ``(2) Reports and guidance.--The Director shall, as the 
        Director determines appropriate, issue reports and guidance to 
        the Commission and to entities subject to regulation by the 
        Commission, regarding market practices, proposing improvements 
        in Commission monitoring of market practices, and addressing 
        potential improvements to both industry and Commission 
        practices.
            ``(3) Outreach.--The Director shall promote improved 
        compliance with Commission rules and orders through outreach, 
        publications, and, where appropriate, direct communication with 
        entities regulated by the Commission.''.

                       CHAPTER 2--MARKET REFORMS

SEC. 4221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.

    (a) Study and Report.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Energy and Natural Resources of the Senate a report 
describing the results of a study of whether and how the current market 
rules, practices, and structures of each regional transmission entity 
produce rates that are just and reasonable by--
            (1) facilitating fuel diversity, the availability of 
        generation resources during emergency and severe weather 
        conditions, resource adequacy, and reliability, including the 
        cost-effective retention and development of needed generation;
            (2) promoting the equitable treatment of business models, 
        including different utility types, the integration of diverse 
        generation resources, and advanced grid technologies;
            (3) identifying and addressing regulatory barriers to 
        entry, market-distorting incentives, and artificial constraints 
        on competition;
            (4) providing transparency regarding dispatch decisions, 
        including the need for out-of-market actions and payments, and 
        the accuracy of day-ahead unit commitments;
            (5) facilitating the development of necessary natural gas 
        pipeline and electric transmission infrastructure;
            (6) ensuring fairness and transparency in governance 
        structures and stakeholder processes, including meaningful 
        participation by both voting and non-voting stakeholder 
        representatives;
            (7) ensuring the proper alignment of the energy and 
        transmission markets by including both energy and financial 
        transmission rights in the day-ahead markets;
            (8) facilitating the ability of load-serving entities to 
        self-supply their service territory load;
            (9) considering, as appropriate, State and local resource 
        planning; and
            (10) mitigating, to the extent practicable, the disruptive 
        effects of tariff revisions on the economic decisionmaking of 
        market participants.
    (b) Definitions.--In this section:
            (1) Load-serving entity.--The term ``load-serving entity'' 
        has the meaning given that term in section 217 of the Federal 
        Power Act (16 U.S.C. 824q).
            (2) Regional transmission entity.--The term ``regional 
        transmission entity'' means a Regional Transmission 
        Organization or an Independent System Operator, as such terms 
        are defined in section 3 of the Federal Power Act (16 U.S.C. 
        796).
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