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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  1st Session
                                 H. R. 8

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2015

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
  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

         Subtitle A--Energy Delivery, Reliability, and Security

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.
Sec. 1108. Reliability analysis for certain rules that affect electric 
                            generating facilities.
Sec. 1109. Increased accountability with respect to carbon capture, 
                            utilization, and sequestration projects.
Sec. 1110. Reliability and performance assurance in Regional 
                            Transmission Organizations.
Sec. 1111. Ethane storage study.
Sec. 1112. Statement of policy on grid modernization.
Sec. 1113. Grid resilience report.
Sec. 1114. GAO report on improving National Response Center.
Sec. 1115. Designation of National Energy Security Corridors on Federal 
                            lands.
Sec. 1116. Vegetation management, facility inspection, and operation 
                            and maintenance on Federal lands containing 
                            electric transmission and distribution 
                            facilities.
            Subtitle B--Hydropower Regulatory Modernization

Sec. 1201. Protection of private property rights in hydropower 
                            licensing.
Sec. 1202. Extension of time for FERC project involving W. Kerr Scott 
                            Dam.
Sec. 1203. Hydropower licensing and process improvements.
Sec. 1204. Judicial review of delayed Federal authorizations.
Sec. 1205. Licensing study improvements.
Sec. 1206. Closed-loop pumped storage projects.
Sec. 1207. License amendment improvements.
Sec. 1208. Promoting hydropower development at existing nonpowered 
                            dams.
                TITLE II--ENERGY SECURITY AND DIPLOMACY

Sec. 2001. Sense of Congress.
Sec. 2002. Energy security valuation.
Sec. 2003. North American energy security plan.
Sec. 2004. Collective energy security.
Sec. 2005. Authorization to export natural gas.
Sec. 2006. Environmental review for energy export facilities.
Sec. 2007. Authorization of cross-border infrastructure projects.
Sec. 2008. Report on smart meter security concerns.
            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              Chapter 1--Federal Agency Energy Efficiency

Sec. 3111. Energy-efficient and energy-saving information technologies.
Sec. 3112. Energy efficient data centers.
Sec. 3113. Report on energy and water savings potential from thermal 
                            insulation.
Sec. 3114. Battery storage report.
Sec. 3115. Federal purchase requirement.
Sec. 3116. Energy performance requirement for Federal buildings.
Sec. 3117. Federal building energy efficiency performance standards; 
                            certification system and level for Federal 
                            buildings.
Sec. 3118. Operation of battery recharging stations in parking areas 
                            used by Federal employees.
Sec. 3119. Report on Energy Savings and Greenhouse Gas Emissions 
                            Reduction from Conversion of Captured 
                            Methane to Energy.
        Chapter 2--Energy Efficient Technology and Manufacturing

Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels.
Sec. 3122. Voluntary verification programs for air conditioning, 
                            furnace, boiler, heat pump, and water 
                            heater products.
Sec. 3123. Facilitating consensus furnace standards.
Sec. 3124. No warranty for certain certified Energy Star products.
Sec. 3125. Clarification to effective date for regional standards.
Sec. 3126. Internet of Things report.
Sec. 3127. Energy savings from lubricating oil.
Sec. 3128. Definition of external power supply.
Sec. 3129. Standards for power supply circuits connected to LEDS or 
                            OLEDS.
                      Chapter 3--School Buildings

Sec. 3131. Coordination of energy retrofitting assistance for schools.
                    Chapter 4--Building Energy Codes

Sec. 3141. Greater energy efficiency in building codes.
Sec. 3142. Voluntary nature of building asset rating program.
        Chapter 5--EPCA Technical Corrections and Clarifications

Sec. 3151. Modifying product definitions.
Sec. 3152. Clarifying rulemaking procedures.
                 Chapter 6--Energy and Water Efficiency

Sec. 3161. Smart energy and water efficiency pilot program.
Sec. 3162. WaterSense.
                       Subtitle B--Accountability

      Chapter 1--Market Manipulation, Enforcement, and Compliance

Sec. 3211. FERC Office of Compliance Assistance and Public 
                            Participation.
                       Chapter 2--Market Reforms

Sec. 3221. GAO study on wholesale electricity markets.
Sec. 3222. Clarification of facility merger authorization.
                      Chapter 3--Code Maintenance

Sec. 3231. Repeal of off-highway motor vehicles study.
Sec. 3232. Repeal of methanol study.
Sec. 3233. Repeal of residential energy efficiency standards study.
Sec. 3234. Repeal of weatherization study.
Sec. 3235. Repeal of report to Congress.
Sec. 3236. Repeal of report by General Services Administration.
Sec. 3237. Repeal of intergovernmental energy management planning and 
                            coordination workshops.
Sec. 3238. Repeal of Inspector General audit survey and President's 
                            Council on Integrity and Efficiency report 
                            to Congress.
Sec. 3239. Repeal of procurement and identification of energy efficient 
                            products program.
Sec. 3240. Repeal of national action plan for demand response.
Sec. 3241. Repeal of national coal policy study.
Sec. 3242. Repeal of study on compliance problem of small electric 
                            utility systems.
Sec. 3243. Repeal of study of socioeconomic impacts of increased coal 
                            production and other energy development.
Sec. 3244. Repeal of study of the use of petroleum and natural gas in 
                            combustors.
Sec. 3245. Repeal of submission of reports.
Sec. 3246. Repeal of electric utility conservation plan.
Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use 
                            Act of 1978.
Sec. 3248. Emergency energy conservation repeals.
Sec. 3249. Repeal of State utility regulatory assistance.
Sec. 3250. Repeal of survey of energy saving potential.
Sec. 3251. Repeal of photovoltaic energy program.
Sec. 3252. Repeal of energy auditor training and certification.
                        Chapter 4--Authorization

Sec. 3261 Authorization.
             TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS

Sec. 4001. Findings.
Sec. 4002. Repeal.
Sec. 4003. National policy on oil export restrictions.
Sec. 4004. Studies.
Sec. 4005. Savings clause.
Sec. 4006. Partnerships with minority serving institutions.
Sec. 4007. Report.
Sec. 4008. Report to Congress.
Sec. 4009. Prohibition on exports of crude oil, refined petroleum 
                            products, and petrochemical products to the 
                            Islamic Republic of Iran.
                         TITLE V--OTHER MATTERS

Sec. 5001. Assessment of regulatory requirements.
Sec. 5002. Definitions.
Sec. 5003. Exclusive venue for certain civil actions relating to 
                            covered energy projects.
Sec. 5004. Timely filing.
Sec. 5005. Expedition in hearing and determining the action.
Sec. 5006. Limitation on injunction and prospective relief.
Sec. 5007. Legal standing.
Sec. 5008. Study to identify legal and regulatory barriers that delay, 
                            prohibit, or impede the export of natural 
                            energy resources.
Sec. 5009. Study of volatility of crude oil.
Sec. 5010. Smart meter privacy rights.
Sec. 5011. Youth energy enterprise competition.
Sec. 5012. Modernization of terms relating to minorities.
Sec. 5013. Voluntary vegetation management outside rights-of-way.
Sec. 5014. Repeal of rule for new residential wood heaters.
         TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR

Sec. 6001. Short title.
Sec. 6002. Provision of interconnection service and net billing service 
                            for community solar facilities.
                     TITLE VII--MARINE HYDROKINETIC

Sec. 7001. Definition of marine and hydrokinetic renewable energy.
Sec. 7002. Marine and hydrokinetic renewable energy research and 
                            development.
Sec. 7003. National Marine Renewable Energy Research, Development, and 
                            Demonstration Centers.
Sec. 7004. Authorization of appropriations.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

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) 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.
            ``(4) 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.
            ``(5) 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 (g) through (i), respectively; and
            (4) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Remote Surveys.--If a Federal or State agency considering an 
aspect of an application for Federal authorization requires the 
applicant to submit environmental data, the agency shall consider any 
such data gathered by aerial or other remote means that the applicant 
submits. The agency may grant a conditional approval for Federal 
authorization, conditioned on the verification of such data by 
subsequent onsite inspection.
    ``(e) 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.
    ``(f) 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 energy storage 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, the energy storage 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, the energy storage industry, 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) Grid security vulnerability.--The term `grid security 
        vulnerability' means a weakness that, in the event of a 
        malicious act using an electromagnetic pulse, would pose a 
        substantial risk of disruption to the operation of those 
        electrical or electronic devices or communications networks, 
        including hardware, software, and data, that are essential to 
        the reliability of the bulk-power system.
            ``(9) 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) Submission of information to congress.--Nothing in 
        this section shall permit or authorize the withholding of 
        information from Congress, any committee or subcommittee 
        thereof, or the Comptroller General.
            ``(7) Disclosure of protected information.--In implementing 
        this section, the Commission shall segregate critical electric 
        infrastructure information or information that reasonably could 
        be expected to lead to the disclosure of the 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.
            ``(8) Duration of designation.--Information may not be 
        designated as critical electric infrastructure information for 
        longer than 5 years, unless specifically re-designated by the 
        Commission.
            ``(9) Removal of designation.--The Commission shall remove 
        the designation of critical electric infrastructure 
        information, in whole or in part, from a document or electronic 
        communication if the Commission determines that the 
        unauthorized disclosure of such information could no longer be 
        used to impair the security or reliability of the bulk-power 
        system or distribution facilities.
            ``(10) Judicial review of designations.--Notwithstanding 
        section 313(b), any determination by the Commission concerning 
        the designation of critical electric infrastructure information 
        under this subsection shall be subject to review under chapter 
        7 of title 5, United States Code, except that such review shall 
        be brought in the district court of the United States in the 
        district in which the complainant resides, or has his principal 
        place of business, or in the District of Columbia. In such a 
        case the court shall examine in camera the contents of 
        documents or electronic communications that are the subject of 
        the determination under review to determine whether such 
        documents or any part thereof were improperly designated or not 
        designated as critical electric infrastructure information.
    ``(e) Measures to Address Grid Security Vulnerabilities.--
            ``(1) Commission authority.--
                    ``(A) Reliability standards.--If the Commission, in 
                consultation with appropriate Federal agencies, 
                identifies a grid security vulnerability that the 
                Commission determines has not adequately been addressed 
                through a reliability standard developed and approved 
                under section 215, the Commission shall, after notice 
                and opportunity for comment and after consultation with 
                the Secretary, other appropriate Federal agencies, and 
                appropriate governmental authorities in Canada and 
                Mexico, issue an order directing the Electric 
                Reliability Organization to submit to the Commission 
                for approval under section 215, not later than 30 days 
                after the issuance of such order, a reliability 
                standard requiring implementation, by any owner, 
                operator, or user of the bulk-power system in the 
                United States, of measures to protect the bulk-power 
                system against such vulnerability. Any such standard 
                shall include a protection plan, including automated 
                hardware-based solutions. The Commission shall approve 
                a reliability standard submitted pursuant to this 
                subparagraph, unless the Commission determines that 
                such reliability standard does not adequately protect 
                against such vulnerability or otherwise does not 
                satisfy the requirements of section 215.
                    ``(B) Measures to address grid security 
                vulnerabilities.--If the Commission, after notice and 
                opportunity for comment and after consultation with the 
                Secretary, other appropriate Federal agencies, and 
                appropriate governmental authorities in Canada and 
                Mexico, determines that the reliability standard 
                submitted by the Electric Reliability Organization to 
                address a grid security vulnerability identified under 
                subparagraph (A) does not adequately protect the bulk-
                power system against such vulnerability, the Commission 
                shall promulgate a rule or issue an order requiring 
                implementation, by any owner, operator, or user of the 
                bulk-power system in the United States, of measures to 
                protect the bulk-power system against such 
                vulnerability. Any such rule or order shall include a 
                protection plan, including automated hardware-based 
                solutions. Before promulgating a rule or issuing an 
                order under this subparagraph, the Commission shall, to 
                the extent practicable in light of the urgency of the 
                need for action to address the grid security 
                vulnerability, request and consider recommendations 
                from the Electric Reliability Organization regarding 
                such rule or order. The Commission may establish an 
                appropriate deadline for the submission of such 
                recommendations.
            ``(2) Rescission.--The Commission shall approve a 
        reliability standard developed under section 215 that addresses 
        a grid security vulnerability that is the subject of a rule or 
        order under paragraph (1)(B), unless the Commission determines 
        that such reliability standard does not adequately protect 
        against such vulnerability or otherwise does not satisfy the 
        requirements of section 215. Upon such approval, the Commission 
        shall rescind the rule promulgated or order issued under 
        paragraph (1)(B) addressing such vulnerability, effective upon 
        the effective date of the newly approved reliability standard.
            ``(3) Geomagnetic storms and electromagnetic pulse.--Not 
        later than 6 months after the date of enactment of this 
        section, the Commission shall, after notice and an opportunity 
        for comment and after consultation with the Secretary and other 
        appropriate Federal agencies, issue an order directing the 
        Electric Reliability Organization to submit to the Commission 
        for approval under section 215, not later than 6 months after 
        the issuance of such order, reliability standards adequate to 
        protect the bulk-power system from any reasonably foreseeable 
        geomagnetic storm or electromagnetic pulse event. The 
        Commission's order shall specify the nature and magnitude of 
        the reasonably foreseeable events against which such standards 
        must protect. Such standards shall appropriately balance the 
        risks to the bulk-power system associated with such events, 
        including any regional variation in such risks, the costs of 
        mitigating such risks, and the priorities and timing associated 
        with implementation. If the Commission determines that the 
        reliability standards submitted by the Electric Reliability 
        Organization pursuant to this paragraph are inadequate, the 
        Commission shall promulgate a rule or issue an order adequate 
        to protect the bulk-power system from geomagnetic storms or 
        electromagnetic pulse as required under paragraph (1)(B).
            ``(4) Large transformer availability.--Not later than 1 
        year after the date of enactment of this section, the 
        Commission shall, after notice and an opportunity for comment 
        and after consultation with the Secretary and other appropriate 
        Federal agencies, issue an order directing the Electric 
        Reliability Organization to submit to the Commission for 
        approval under section 215, not later than 1 year after the 
        issuance of such order, reliability standards addressing 
        availability of large transformers. Such standards shall 
        require entities that own or operate large transformers to 
        ensure, individually or jointly, adequate availability of large 
        transformers to promptly restore the reliable operation of the 
        bulk-power system in the event that any such transformer is 
        destroyed or disabled as a result of a geomagnetic storm event 
        or electromagnetic pulse event. The Commission's order shall 
        specify the nature and magnitude of the reasonably foreseeable 
        events that shall provide the basis for such standards. Such 
        standards shall--
                    ``(A) provide entities subject to the standards 
                with the option of meeting such standards individually 
                or jointly; and
                    ``(B) appropriately balance the risks associated 
                with a reasonably foreseeable event, including any 
                regional variation in such risks, and the costs of 
                ensuring adequate availability of spare transformers.
            ``(5) Certain federal entities.--For the 11-year period 
        commencing on the date of enactment of this section, the 
        Tennessee Valley Authority and the Bonneville Power 
        Administration shall be exempt from any requirement under this 
        subsection.
    ``(f) 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.
    ``(g) 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 and emergency mobile substations 
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) Critical electric infrastructure.--The term ``critical 
        electric infrastructure'' has the meaning given that term in 
        section 215A of the Federal Power Act.
            (4) 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)).
            (5) Emergency mobile substation.--The term ``emergency 
        mobile substation'' means a mobile substation or mobile 
        transformer that is--
                    (A) assembled and permanently mounted on a trailer 
                that is capable of highway travel and meets relevant 
                Department of Transportation regulations; and
                    (B) intended for express deployment and capable of 
                being rapidly placed into service.
            (6) 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.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (8) 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 1 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, the Electric 
        Reliability Organization, and owners and operators of critical 
        electric infrastructure and defense and military installations, 
        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 and emergency 
        mobile substations in sufficient numbers to temporarily replace 
        critically damaged large power transformers and substations 
        that are critical electric infrastructure or serve defense and 
        military installations.
            (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, 
                critical electric infrastructure, and defense and 
                military installations 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, including 
                emergency mobile substations, is necessary to provide 
                or restore sufficient resiliency to the bulk-power 
                system, critical electric infrastructure, and defense 
                and military installations;
                    (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 and substations that are 
                        critical electric infrastructure or serve 
                        defense and military installations, so as to 
                        enable efficient delivery of equipment 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;
                            (ii) the cost of the equipment; 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 and 
                operators of bulk-power system facilities, critical 
                electric infrastructure, and defense and military 
                installations 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 
                equipment from the Strategic Transformer Reserve;
                    (J) the process by which owners or operators of 
                critically damaged large power transformers or 
                substations that are critical electric infrastructure 
                or serve defense and military installations may apply 
                for a withdrawal from the Strategic Transformer 
                Reserve;
                    (K) the process by which equipment withdrawn from 
                the Strategic Transformer Reserve is returned to the 
                Strategic Transformer Reserve or is replaced;
                    (L) possible fees to be paid by users of equipment 
                withdrawn from the Strategic Transformer Reserve;
                    (M) possible fees to be paid by owners and 
                operators of large power transformers and substations 
                that are critical electric infrastructure or serve 
                defense and military installations to cover operating 
                costs of the Strategic Transformer Reserve;
                    (N) the domestic and international large power 
                transformer supply chain;
                    (O) the potential reliability, cost, and 
                operational benefits of including emergency mobile 
                substations in any Strategic Transformer Reserve 
                established under this section; and
                    (P) 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 the agency reasonably 
foresees would cause harm to critical electric infrastructure, shall be 
deemed to be critical electric infrastructure information for purposes 
of section 215A(d) of the Federal Power Act.

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 the agency reasonably foresees would cause harm to critical 
electric infrastructure (as defined in section 215A of the Federal 
Power Act), shall be deemed to be critical electric infrastructure 
information for purposes of section 215A(d) of the Federal Power Act.
    (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, 
                upgrades, measures, 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, upgrades, measures, and other 
                approaches include--
                            ``(i) hardening, or other enhanced 
                        protection, of utility poles, wiring, cabling, 
                        and other distribution components, facilities, 
                        or structures;
                            ``(ii) 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;
                            ``(iii) cybersecurity products and 
                        components;
                            ``(iv) distributed generation, including 
                        back-up generation to power critical facilities 
                        and essential services, and related integration 
                        components, such as advanced inverter 
                        technology;
                            ``(v) microgrid systems, including hybrid 
                        microgrid systems for isolated communities;
                            ``(vi) combined heat and power;
                            ``(vii) waste heat resources;
                            ``(viii) non-grid-scale energy storage 
                        technologies;
                            ``(ix) wiring, cabling, and other 
                        distribution components, including submersible 
                        distribution components, and enclosures;
                            ``(x) electronically controlled reclosers 
                        and similar technologies for power restoration, 
                        including emergency mobile substations, as 
                        defined in section 1105 of the North American 
                        Energy Security and Infrastructure Act of 2015;
                            ``(xi) advanced energy analytics 
                        technology, such as Internet-based and cloud-
                        based computing solutions and subscription 
                        licensing models;
                            ``(xii) measures that enhance resilience 
                        through planning, preparation, response, and 
                        recovery activities;
                            ``(xiii) operational capabilities to 
                        enhance resilience through rapid response 
                        recovery; and
                            ``(xiv) measures to ensure availability of 
                        key critical components through contracts, 
                        cooperative agreements, stockpiling and 
                        prepositioning, or other measures.
                    ``(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)(I) possession of adequate fuel on-
                        site to enable operation for an extended period 
                        of time;
                            ``(II) the operational ability to generate 
                        electric energy from more than one source; or
                            ``(III) fuel certainty, through firm 
                        contractual obligations (which may not be 
                        required to be for a period longer than one 
                        year), that ensures adequate fuel supply to 
                        enable operation, for an extended period of 
                        time, for the duration of an emergency or 
                        severe weather conditions;
                            ``(ii) operational characteristics that 
                        enable the generation of electric energy for 
                        the duration of an emergency or severe weather 
                        conditions; and
                            ``(iii) unless procured through other 
                        procurement mechanisms, essential reliability 
                        services, including frequency support and 
                        regulation services.
            ``(23) Subsidization of customer-side technology.--
                    ``(A) Consideration.--To the extent that a State 
                regulatory authority may require or allow rates charged 
                by any electric utility for which it has ratemaking 
                authority to electric consumers that do not use a 
                customer-side technology to include any cost, fee, or 
                charge that directly or indirectly cross-subsidizes the 
                deployment, construction, maintenance, or operation of 
                that customer-side technology, such authority shall 
                evaluate whether subsidizing the deployment, 
                construction, maintenance, or operation of a customer-
                side technology would--
                            ``(i) result in benefits predominately 
                        enjoyed by only the users of that customer-side 
                        technology;
                            ``(ii) shift costs of a customer-side 
                        technology to electricity consumers that do not 
                        use that customer-side technology, particularly 
                        where disparate economic or resource conditions 
                        exist among the electricity consumers cross-
                        subsidizing the costumer-side technology;
                            ``(iii) negatively affect resource 
                        utilization, fuel diversity, or grid security;
                            ``(iv) provide any unfair competitive 
                        advantage to market the customer-side 
                        technology; and
                            ``(v) be necessary to fulfill an obligation 
                        to serve electric consumers.
                    ``(B) Public notice.--Each State regulatory 
                authority shall make available to the public the 
                evaluation completed under subparagraph (A) at least 90 
                days prior to any proceedings in which such authority 
                considers the cross-subsidization of a customer-side 
                technology.
                    ``(C) Customer-side technology.--For purposes of 
                this paragraph, the term `customer-side technology' 
                means a device connected to the electricity 
                distribution system--
                            ``(i) at, or on the customer side of, the 
                        meter; or
                            ``(ii) that, if owned or operated by or on 
                        behalf of an electric utility, would otherwise 
                        be at, or on the customer side of, the 
                        meter.''.
            (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, as 
        applicable, 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), (22), 
        and (23) 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, 
        as applicable, shall complete the consideration, and shall make 
        the determination, referred to in section 111 with respect to 
        each standard established by paragraphs (20), (22), and (23) 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 (23) 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) 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), 
(22), or (23) 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) Coverage for Competitive Markets.--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, or any portion thereof, relate to the 
competitive sale of retail electric energy that is unbundled or 
separated from the regulated provision or sale of distribution 
service.''.

SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES THAT AFFECT ELECTRIC 
              GENERATING FACILITIES.

    (a) Applicability.--This section shall apply with respect to any 
proposed or final covered rule issued by a Federal agency for which 
compliance with the rule may impact an electric utility generating unit 
or units, including by resulting in closure or interruption to 
operations of such a unit or units.
    (b) Reliability Analysis.--
            (1) Analysis of rules.--The Federal Energy Regulatory 
        Commission, in consultation with the Electric Reliability 
        Organization, shall conduct an independent reliability analysis 
        of a proposed or final covered rule under this section to 
        evaluate the anticipated effects of implementation and 
        enforcement of the rule on--
                    (A) electric reliability and resource adequacy;
                    (B) the electricity generation portfolio of the 
                United States;
                    (C) the operation of wholesale electricity markets; 
                and
                    (D) energy delivery and infrastructure, including 
                electric transmission facilities and natural gas 
                pipelines.
            (2) Relevant information.--
                    (A) Materials from federal agencies.--A Federal 
                agency shall provide to the Commission materials and 
                information relevant to the analysis required under 
                paragraph (1) for a rule, including relevant data, 
                modeling, and resource adequacy and reliability 
                assessments, prepared or relied upon by such agency in 
                developing the rule.
                    (B) Analyses from other entities.--The Electric 
                Reliability Organization, regional entities, regional 
                transmission organizations, independent system 
                operators, and other reliability coordinators and 
                planning authorities shall timely conduct analyses and 
                provide such information as may be reasonably requested 
                by the Commission.
            (3) Notice.--A Federal agency shall provide to the 
        Commission notice of the issuance of any proposed or final 
        covered rule not later than 15 days after the date of such 
        issuance.
    (c) Proposed Rules.--Not later than 150 days after the date of 
publication in the Federal Register of a proposed rule described in 
subsection (a), the Federal Energy Regulatory Commission shall make 
available to the public an analysis of the proposed rule conducted in 
accordance with subsection (b), and any relevant special assessment or 
seasonal or long-term reliability assessment completed by the Electric 
Reliability Organization.
    (d) Final Rules.--
            (1) Inclusion.--A final rule described in subsection (a) 
        shall include, if available at the time of issuance, a copy of 
        the analysis conducted pursuant to subsection (c) of the rule 
        as proposed.
            (2) Analysis.--Not later than 120 days after the date of 
        publication in the Federal Register of a final rule described 
        in subsection (a), the Federal Energy Regulatory Commission 
        shall make available to the public an analysis of the final 
        rule conducted in accordance with subsection (b), and any 
        relevant special assessment or seasonal or long-term 
        reliability assessment completed by the Electric Reliability 
        Organization.
    (e) Definitions.--In this section:
            (1) Electric reliability organization.--The term ``Electric 
        Reliability Organization'' has the meaning given to such term 
        in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
            (2) Federal agency.--The term ``Federal agency'' means an 
        agency, as that term is defined in section 551 of title 5, 
        United States Code.
            (3) Covered rule.--The term ``covered rule'' means a 
        proposed or final rule that is estimated by the Federal agency 
        issuing the rule, or the Director of the Office of Management 
        and Budget, to result in an annual effect on the economy of 
        $1,000,000,000 or more.

SEC. 1109. INCREASED ACCOUNTABILITY WITH RESPECT TO CARBON CAPTURE, 
              UTILIZATION, AND SEQUESTRATION PROJECTS.

    (a) DOE Evaluation.--
            (1) In general.--The Secretary of Energy (in this section 
        referred to as the ``Secretary'') shall, in accordance with 
        this section, annually conduct an evaluation, and make 
        recommendations, with respect to each project conducted by the 
        Secretary for research, development, demonstration, or 
        deployment of carbon capture, utilization, and sequestration 
        technologies (also known as carbon capture and storage and 
        utilization technologies).
            (2) Scope.--For purposes of this section, a project 
        includes any contract, lease, cooperative agreement, or other 
        similar transaction with a public agency or private 
        organization or person, entered into or performed, or any 
        payment made, by the Secretary for research, development, 
        demonstration, or deployment of carbon capture, utilization, 
        and sequestration technologies.
    (b) Requirements for Evaluation.--In conducting an evaluation of a 
project under this section, the Secretary shall--
            (1) examine if the project has made advancements toward 
        achieving any specific goal of the project with respect to a 
        carbon capture, utilization, and sequestration technology; and
            (2) evaluate and determine if the project has made 
        significant progress in advancing a carbon capture, 
        utilization, and sequestration technology.
    (c) Recommendations.--For each evaluation of a project conducted 
under this section, if the Secretary determines that--
            (1) significant progress in advancing a carbon capture, 
        utilization, and sequestration technology has been made, the 
        Secretary shall assess the funding of the project and make a 
        recommendation as to whether increased funding is necessary to 
        advance the project; or
            (2) significant progress in advancing a carbon capture, 
        utilization, and sequestration technology has not been made, 
        the Secretary shall--
                    (A) assess the funding of the project and make a 
                recommendation as to whether increased funding is 
                necessary to advance the project;
                    (B) assess and determine if the project has reached 
                its full potential; and
                    (C) make a recommendation as to whether the project 
                should continue.
    (d)  Reports.--
            (1) Report on evaluations and recommendations.--Not later 
        than 2 years after the date of enactment of this Act, and every 
        2 years thereafter, the Secretary shall--
                    (A) issue a report on the evaluations conducted and 
                recommendations made during the previous year pursuant 
                to this section; and
                    (B) make each such report available on the Internet 
                website of the Department of Energy.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, and every 3 years thereafter, the 
        Secretary shall submit to the Subcommittee on Energy and Power 
        of the Committee on Energy and Commerce and the Committee on 
        Science, Space, and Technology of the House of Representatives 
        and the Committee on Energy and Natural Resources and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report on--
                    (A) the evaluations conducted and recommendations 
                made during the previous 3 years pursuant to this 
                section; and
                    (B) the progress of the Department of Energy in 
                advancing carbon capture, utilization, and 
                sequestration technologies, including progress in 
                achieving the Department of Energy's goal of having an 
                array of advanced carbon capture and sequestration 
                technologies ready by 2020 for large-scale 
                demonstration.

SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL 
              TRANSMISSION ORGANIZATIONS.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.), as 
amended by section 1104, is further amended by adding after section 
215A the following new section:

``SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL 
              TRANSMISSION ORGANIZATIONS.

    ``(a) Existing Capacity Markets.--
            ``(1) Analysis concerning capacity market design.--Not 
        later than 180 days after the date of enactment of this 
        section, each Regional Transmission Organization, and each 
        Independent System Operator, that operates a capacity market, 
        or a comparable market intended to ensure the procurement and 
        availability of sufficient future electric energy resources, 
        that is subject to the jurisdiction of the Commission, shall 
        provide to the Commission an analysis of how the structure of 
        such market meets the following criteria:
                    ``(A) The structure of such market utilizes 
                competitive market forces to the extent practicable in 
                procuring capacity resources.
                    ``(B) Consistent with subparagraph (A), the 
                structure of such market includes resource-neutral 
                performance criteria that ensure the procurement of 
                sufficient capacity from physical generation facilities 
                that have reliability attributes that include--
                            ``(i)(I) possession of adequate fuel on-
                        site to enable operation for an extended period 
                        of time;
                            ``(II) the operational ability to generate 
                        electric energy from more than one fuel source; 
                        or
                            ``(III) fuel certainty, through firm 
                        contractual obligations, that ensures adequate 
                        fuel supply to enable operation, for an 
                        extended period of time, for the duration of an 
                        emergency or severe weather conditions;
                            ``(ii) operational characteristics that 
                        enable the generation of electric energy for 
                        the duration of an emergency or severe weather 
                        conditions; and
                            ``(iii) unless procured through other 
                        markets or procurement mechanisms, essential 
                        reliability services, including frequency 
                        support and regulation services.
            ``(2) Commission evaluation and report.--Not later than 1 
        year after the date of enactment of this section, the 
        Commission shall make publicly available, and submit to the 
        Committee on Energy and Commerce in the House of 
        Representatives and the Committee on Energy and Natural 
        Resources in the Senate, a report containing--
                    ``(A) evaluation of whether the structure of each 
                market addressed in an analysis submitted pursuant to 
                paragraph (1) meets the criteria under such paragraph, 
                based on the analysis; and
                    ``(B) to the extent a market so addressed does not 
                meet such criteria, any recommendations with respect to 
                the procurement of sufficient capacity, as described in 
                paragraph (1)(B).
    ``(b) Commission Evaluation and Report for New Schedules.--
            ``(1) Inclusion of analysis in filing.--Except as provided 
        in subsection (a)(2), whenever a Regional Transmission 
        Organization or Independent System Operator files a new 
        schedule under section 205 to establish a market described in 
        subsection (a)(1), or that substantially modifies the capacity 
        market design of a market described in subsection (a)(1), the 
        Regional Transmission Organization or Independent System 
        Operator shall include in any such filing the analysis required 
        by subsection (a)(1).
            ``(2) Evaluation and report.--Not later than 180 days of 
        receiving an analysis under paragraph (1), the Commission shall 
        make publicly available, and submit to the Committee on Energy 
        and Commerce in the House of Representatives and the Committee 
        on Energy and Natural Resources in the Senate, a report 
        containing--
                    ``(A) an evaluation of whether the structure of the 
                market addressed in the analysis meets the criteria 
                under subsection (a)(1), based on the analysis; and
                    ``(B) to the extent the market does not meet such 
                criteria, any recommendations with respect to the 
                procurement of sufficient capacity, as described in 
                subsection (a)(1)(B).
    ``(c) Effect on Existing Approvals.--Nothing in this section shall 
be considered to--
            ``(1) require a modification of the Commission's approval 
        of the capacity market design approved pursuant to docket 
        numbers ER15-623-000, EL15-29-000, EL14-52-000, and ER14-2419-
        000; or
            ``(2) provide grounds for the Commission to grant rehearing 
        or otherwise modify orders issued in those dockets.''.

SEC. 1111. ETHANE STORAGE STUDY.

    (a) In General.--The Secretary of Energy and the Secretary of 
Commerce, in consultation with other relevant agencies and 
stakeholders, shall conduct a study on the feasibility of establishing 
an ethane storage and distribution hub in the United States.
    (b) Contents.--The study conducted under subsection (a) shall 
include--
            (1) an examination of--
                    (A) potential locations;
                    (B) economic feasibility;
                    (C) economic benefits;
                    (D) geological storage capacity capabilities;
                    (E) above ground storage capabilities;
                    (F) infrastructure needs; and
                    (G) other markets and trading hubs, particularly 
                related to ethane; and
            (2) identification of potential additional benefits to 
        energy security.
    (c) Publication of Results.--Not later than 2 years after the date 
of enactment of this Act, the Secretaries of Energy and Commerce shall 
publish the results of the study conducted under subsection (a) on the 
websites of the Departments of Energy and Commerce, respectively, and 
shall submit such results to the Committee on Energy and Commerce of 
the House of Representatives and the Committees on Energy and Natural 
Resources and Commerce, Science, and Transportation of the Senate.

SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZATION.

    It is the policy of the United States to promote and advance--
            (1) the modernization of the energy delivery infrastructure 
        of the United States, and bolster the reliability, 
        affordability, diversity, efficiency, security, and resiliency 
        of domestic energy supplies, through advanced grid 
        technologies;
            (2) the modernization of the electric grid to enable a 
        robust multi-directional power flow that leverages centralized 
        energy resources and distributed energy resources, enables 
        robust retail transactions, and facilitates the alignment of 
        business and regulatory models to achieve a grid that optimizes 
        the entire electric delivery system;
            (3) relevant research and development in advanced grid 
        technologies, including--
                    (A) energy storage;
                    (B) predictive tools and requisite real-time data 
                to enable the dynamic optimization of grid operations;
                    (C) power electronics, including smart inverters, 
                that ease the challenge of intermittent renewable 
                resources and distributed generation;
                    (D) real-time data and situational awareness tools 
                and systems; and
                    (E) tools to increase data security, physical 
                security, and cybersecurity awareness and protection;
            (4) the leadership of the United States in basic and 
        applied sciences to develop a systems approach to innovation 
        and development of cyber-secure advanced grid technologies, 
        architectures, and control paradigms capable of managing 
        diverse supplies and loads;
            (5) the safeguarding of the critical energy delivery 
        infrastructure of the United States and the enhanced resilience 
        of the infrastructure to all hazards, including--
                    (A) severe weather events;
                    (B) cyber and physical threats; and
                    (C) other factors that affect energy delivery;
            (6) the coordination of goals, investments to optimize the 
        grid, and other measures for energy efficiency, advanced grid 
        technologies, interoperability, and demand response-side 
        management resources;
            (7) partnerships with States and the private sector--
                    (A) to facilitate advanced grid capabilities and 
                strategies; and
                    (B) to provide technical assistance, tools, or 
                other related information necessary to enhance grid 
                integration, particularly in connection with the 
                development at the State and local levels of strategic 
                energy, energy surety and assurance, and emergency 
                preparedness, response, and restoration planning;
            (8) the deployment of information and communications 
        technologies at all levels of the electric system;
            (9) opportunities to provide consumers with timely 
        information and advanced control options;
            (10) sophisticated or advanced control options to integrate 
        distributed energy resources and associated ancillary services;
            (11) open-source communications, database architectures, 
        and common information model standards, guidelines, and 
        protocols that enable interoperability to maximize efficiency 
        gains and associated benefits among--
                    (A) the grid;
                    (B) energy and building management systems; and
                    (C) residential, commercial, and industrial 
                equipment;
            (12) private sector investment in the energy delivery 
        infrastructure of the United States through targeted 
        demonstration and validation of advanced grid technologies; and
            (13) establishment of common valuation methods and tools 
        for cost-benefit analysis of grid integration paradigms.

SEC. 1113. GRID RESILIENCE REPORT.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary of Energy shall submit to the Congress a report on 
methods to increase electric grid resilience with respect to all 
threats, including cyber attacks, vandalism, terrorism, and severe 
weather.

SEC. 1114. GAO REPORT ON IMPROVING NATIONAL RESPONSE CENTER.

    The Comptroller General of the United States shall conduct a study 
of ways in which the capabilities of the National Response Center could 
be improved.

SEC. 1115. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS ON FEDERAL 
              LANDS.

    (a) In General.--Section 28 of the Mineral Leasing Act (30 U.S.C. 
185) is amended as follows:
            (1) In subsection (b)--
                    (A) by striking ``(b)(1) For the purposes of this 
                section `Federal lands' means'' and inserting the 
                following:
    ``(b)(1) For the purposes of this section `Federal lands'--
            ``(A) except as provided in subparagraph (B), means'';
                    (B) by striking the period at the end of paragraph 
                (1) and inserting ``; and'' and by adding at the end of 
                paragraph (1) the following:
            ``(B) for purposes of granting an application for a natural 
        gas pipeline right-of-way, means all lands owned by the United 
        States except--
                    ``(i) such lands held in trust for an Indian or 
                Indian tribe; and
                    ``(ii) lands on the Outer Continental Shelf.''.
            (2) By redesignating subsection (b), as so amended, as 
        subsection (z), and transferring such subsection to appear 
        after subsection (y) of that section.
            (3) By inserting after subsection (a) the following:
    ``(b) National Energy Security Corridors.--
            ``(1) Designation.--In addition to other authorities under 
        this section, the Secretary shall--
                    ``(A) identify and designate suitable Federal lands 
                as National Energy Security Corridors (in this 
                subsection referred to as a `Corridor'), which shall be 
                used for construction, operation, and maintenance of 
                natural gas transmission facilities; and
                    ``(B) incorporate such Corridors upon designation 
                into the relevant agency land use and resource 
                management plans or equivalent plans.
            ``(2) Considerations.--In evaluating Federal lands for 
        designation as a National Energy Security Corridor, the 
        Secretary shall--
                    ``(A) employ the principle of multiple use to 
                ensure route decisions balance national energy security 
                needs with existing land use principles;
                    ``(B) seek input from other Federal counterparts, 
                State, local, and tribal governments, and affected 
                utility and pipeline industries to determine the best 
                suitable, most cost-effective, and commercially viable 
                acreage for natural gas transmission facilities;
                    ``(C) focus on transmission routes that improve 
                domestic energy security through increasing 
                reliability, relieving congestion, reducing natural gas 
                prices, and meeting growing demand for natural gas; and
                    ``(D) take into account technological innovations 
                that reduce the need for surface disturbance.
            ``(3) Procedures.--The Secretary shall establish procedures 
        to expedite and approve applications for rights-of-way for 
        natural gas pipelines across National Energy Security 
        Corridors, that--
                    ``(A) ensure a transparent process for review of 
                applications for rights-of-way on such corridors;
                    ``(B) require an approval time of not more than 1 
                year after the date of receipt of an application for a 
                right-of-way; and
                    ``(C) require, upon receipt of such an application, 
                notice to the applicant of a predictable timeline for 
                consideration of the application, that clearly 
                delineates important milestones in the process of such 
                consideration.
            ``(4) State input.--
                    ``(A) Requests authorized.--The Governor of a State 
                may submit requests to the Secretary of the Interior to 
                designate Corridors on Federal land in that State.
                    ``(B) Consideration of requests.--After receiving 
                such a request, the Secretary shall respond in writing, 
                within 30 days--
                            ``(i) acknowledging receipt of the request; 
                        and
                            ``(ii) setting forth a timeline in which 
                        the Secretary shall grant, deny, or modify such 
                        request and state the reasons for doing so.
            ``(5) Spatial distribution of corridors.--In implementing 
        this subsection, the Secretary shall coordinate with other 
        Federal Departments to--
                    ``(A) minimize the proliferation of duplicative 
                natural gas pipeline rights-of-way on Federal lands 
                where feasible;
                    ``(B) ensure Corridors can connect effectively 
                across Federal lands; and
                    ``(C) utilize input from utility and pipeline 
                industries submitting applications for rights-of-way to 
                site corridors in economically feasible areas that 
                reduce impacts, to the extent practicable, on local 
                communities.
            ``(6) Not a major federal action.--Designation of a 
        Corridor under this subsection, and incorporation of Corridors 
        into agency plans under paragraph (1)(B), shall not be treated 
        as a major Federal action for purpose of section 102 of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332).
            ``(7) No limit on number or length of corridors.--Nothing 
        in this subsection limits the number or physical dimensions of 
        Corridors that the Secretary may designate under this 
        subsection.
            ``(8) Other authority not affected.--Nothing in this 
        subsection affects the authority of the Secretary to issue 
        rights-of-way on Federal land that is not located in a Corridor 
        designated under this subsection.
            ``(9) NEPA clarification.--All applications for rights-of-
        way for natural gas transmission facilities across Corridors 
        designated under this subsection shall be subject to the 
        environmental protections outlined in subsection (h).''.
    (b) Applications Received Before Designation of Corridors.--Any 
application for a right-of-way under section 28 of the Mineral Leasing 
Act (30 U.S.C. 185) that is received by the Secretary of the Interior 
before designation of National Energy Security Corridors under the 
amendment made by subsection (a) of this section shall be reviewed and 
acted upon independently by the Secretary without regard to the process 
for such designation.
    (c) Deadline.--Within 2 years after the date of the enactment of 
this Act, the Secretary of the Interior shall designate at least 10 
National Energy Security Corridors under the amendment made by 
subsection (a) in States referred to in section 368(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15926(b)).

SEC. 1116. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION 
              AND MAINTENANCE ON FEDERAL LANDS CONTAINING ELECTRIC 
              TRANSMISSION AND DISTRIBUTION FACILITIES.

    (a) In General.--Title V of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end 
the following new section:

``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION 
              AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS-OF-WAY.

    ``(a) General Direction.--In order to enhance the reliability of 
the electric grid and reduce the threat of wildfires to and from 
electric transmission and distribution rights-of-way and related 
facilities and adjacent property, the Secretary, with respect to public 
lands and other lands under the jurisdiction of the Secretary, and the 
Secretary of Agriculture, with respect to National Forest System lands, 
shall provide direction to ensure that all existing and future rights-
of-way, however established (including by grant, special use 
authorization, and easement), for electric transmission and 
distribution facilities on such lands include provisions for utility 
vegetation management, facility inspection, and operation and 
maintenance activities that, while consistent with applicable law--
            ``(1) are developed in consultation with the holder of the 
        right-of-way;
            ``(2) enable the owner or operator of an electric 
        transmission and distribution facility to operate and maintain 
        the facility in good working order and to comply with Federal, 
        State, and local electric system reliability and fire safety 
        requirements, including reliability standards established by 
        the North American Electric Reliability Corporation and plans 
        to meet such reliability standards;
            ``(3) minimize the need for case-by-case or annual 
        approvals for--
                    ``(A) routine vegetation management, facility 
                inspection, and operation and maintenance activities 
                within existing electric transmission and distribution 
                rights-of-way; and
                    ``(B) utility vegetation management activities that 
                are necessary to control hazard trees within or 
                adjacent to electric transmission and distribution 
                rights-of-way; and
            ``(4) when review is required, provide for expedited review 
        and approval of utility vegetation management, facility 
        inspection, and operation and maintenance activities, 
        especially activities requiring prompt action to avoid an 
        adverse impact on human safety or electric reliability to avoid 
        fire hazards.
    ``(b) Vegetation Management, Facility Inspection, and Operation and 
Maintenance Plans.--
            ``(1) Development and submission.--Consistent with 
        subsection (a), the Secretary and the Secretary of Agriculture 
        shall provide owners and operators of electric transmission and 
        distribution facilities located on lands described in such 
        subsection with the option to develop and submit a vegetation 
        management, facility inspection, and operation and maintenance 
        plan, that at each owner or operator's discretion may cover 
        some or all of the owner or operator's electric transmission 
        and distribution rights-of-way on Federal lands, for approval 
        to the Secretary with jurisdiction over the lands. A plan under 
        this paragraph shall enable the owner or operator of an 
        electric transmission and distribution facility, at a minimum, 
        to comply with applicable Federal, State, and local electric 
        system reliability and fire safety requirements, as provided in 
        subsection (a)(2). The Secretaries shall not have the authority 
        to modify those requirements.
            ``(2) Review and approval process.--The Secretary and the 
        Secretary of Agriculture shall jointly develop a consolidated 
        and coordinated process for review and approval of--
                    ``(A) vegetation management, facility inspection, 
                and operation and maintenance plans submitted under 
                paragraph (1) that--
                            ``(i) assures prompt review and approval 
                        not to exceed 90 days;
                            ``(ii) includes timelines and benchmarks 
                        for agency comments on submitted plans and 
                        final approval of such plans;
                            ``(iii) is consistent with applicable law; 
                        and
                            ``(iv) minimizes the costs of the process 
                        to the reviewing agency and the entity 
                        submitting the plans; and
                    ``(B) amendments to the plans in a prompt manner if 
                changed conditions necessitate a modification to a 
                plan.
            ``(3) Notification.--The review and approval process under 
        paragraph (2) shall--
                    ``(A) include notification by the agency of any 
                changed conditions that warrant a modification to a 
                plan;
                    ``(B) provide an opportunity for the owner or 
                operator to submit a proposed plan amendment to address 
                directly the changed condition; and
                    ``(C) allow the owner or operator to continue to 
                implement those elements of the approved plan that do 
                not directly and adversely affect the condition 
                precipitating the need for modification.
            ``(4) Categorical exclusion process.--The Secretary and the 
        Secretary of Agriculture shall apply his or her categorical 
        exclusion process under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) to plans developed under this 
        subsection on existing electric transmission and distribution 
        rights-of-way under this subsection.
            ``(5) Implementation.--A plan approved under this 
        subsection shall become part of the authorization governing the 
        covered right-of-way and hazard trees adjacent to the right-of-
        way. If a vegetation management plan is proposed for an 
        existing electric transmission and distribution facility 
        concurrent with the siting of a new electric transmission or 
        distribution facility, necessary reviews shall be completed as 
        part of the siting process or sooner. Once the plan is 
        approved, the owner or operator shall provide the agency with 
        only a notification of activities anticipated to be undertaken 
        in the coming year, a description of those activities, and 
        certification that the activities are in accordance with the 
        plan.
    ``(c) Response to Emergency Conditions.--If vegetation on Federal 
lands within, or hazard trees on Federal lands adjacent to, an electric 
transmission or distribution right-of-way granted by the Secretary or 
the Secretary of Agriculture has contacted or is in imminent danger of 
contacting one or more electric transmission or distribution lines, the 
owner or operator of the electric transmission or distribution lines--
            ``(1) may prune or remove the vegetation to avoid the 
        disruption of electric service and risk of fire; and
            ``(2) shall notify the appropriate local agent of the 
        relevant Secretary not later than 24 hours after such removal.
    ``(d) Compliance With Applicable Reliability and Safety 
Standards.--If vegetation on Federal lands within or adjacent to an 
electric transmission or distribution right-of-way under the 
jurisdiction of each Secretary does not meet clearance requirements 
under standards established by the North American Electric Reliability 
Corporation, or by State and local authorities, and the Secretary 
having jurisdiction over the lands has failed to act to allow an 
electric transmission or distribution facility owner or operator to 
conduct vegetation management activities within 3 business days after 
receiving a request to allow such activities, the owner or operator 
may, after notifying the Secretary, conduct such vegetation management 
activities to meet those clearance requirements.
    ``(e) Reporting Requirement.--The Secretary or Secretary of 
Agriculture shall report requests and actions made under subsections 
(c) and (d) annually on each Secretary's website.
    ``(f) Liability.--An owner or operator of an electric transmission 
or distribution facility shall not be held liable for wildfire damage, 
loss, or injury, including the cost of fire suppression, if--
            ``(1) the Secretary or the Secretary of Agriculture fails 
        to allow the owner or operator to operate consistently with an 
        approved vegetation management, facility inspection, and 
        operation and maintenance plan on Federal lands under the 
        relevant Secretary's jurisdiction within or adjacent to a 
        right-of-way to comply with Federal, State, or local electric 
        system reliability and fire safety standards, including 
        standards established by the North American Electric 
        Reliability Corporation; or
            ``(2) the Secretary or the Secretary of Agriculture fails 
        to allow the owner or operator of the electric transmission or 
        distribution facility to perform appropriate vegetation 
        management activities in response to an identified hazard tree, 
        or a tree in imminent danger of contacting the owner's or 
        operator's electric transmission or distribution facility.
    ``(g) Training and Guidance.--In consultation with the electric 
utility industry, the Secretary and the Secretary of Agriculture are 
encouraged to develop a program to train personnel of the Department of 
the Interior and the Forest Service involved in vegetation management 
decisions relating to electric transmission and distribution facilities 
to ensure that such personnel--
            ``(1) understand electric system reliability and fire 
        safety requirements, including reliability standards 
        established by the North American Electric Reliability 
        Corporation;
            ``(2) assist owners and operators of electric transmission 
        and distribution facilities to comply with applicable electric 
        reliability and fire safety requirements; and
            ``(3) encourage and assist willing owners and operators of 
        electric transmission and distribution facilities to 
        incorporate on a voluntary basis vegetation management 
        practices to enhance habitats and forage for pollinators and 
        for other wildlife so long as the practices are compatible with 
        the integrated vegetation management practices necessary for 
        reliability and safety.
    ``(h) Implementation.--The Secretary and the Secretary of 
Agriculture shall--
            ``(1) not later than one year after the date of the 
        enactment of this section, propose regulations, or amended 
        existing regulations, to implement this section; and
            ``(2) not later than two years after the date of the 
        enactment of this section, finalize regulations, or amended 
        existing regulations, to implement this section.
    ``(i) Existing Vegetation Management, Facility Inspection, and 
Operation and Maintenance Plans.--Nothing in this section requires an 
owner or operator to develop and submit a vegetation management, 
facility inspection, and operation and maintenance plan if one has 
already been approved by the Secretary or Secretary of Agriculture 
before the date of the enactment of this section.
    ``(j) Definitions.--In this section:
            ``(1) Hazard tree.--The term `hazard tree' means any tree 
        inside the right-of-way or located outside the right-of-way 
        that has been found by the either the owner or operator of an 
        electric transmission or distribution facility, or the 
        Secretary or the Secretary of Agriculture, to be likely to fail 
        and cause a high risk of injury, damage, or disruption within 
        10 feet of an electric power line or related structure if it 
        fell.
            ``(2) Owner or operator.--The terms `owner' and `operator' 
        include contractors or other agents engaged by the owner or 
        operator of an electric transmission and distribution facility.
            ``(3) Vegetation management, facility inspection, and 
        operation and maintenance plan.--The term `vegetation 
        management, facility inspection, and operation and maintenance 
        plan' means a plan that--
                    ``(A) is prepared by the owner or operator of one 
                or more electric transmission or distribution 
                facilities to cover one or more electric transmission 
                and distribution rights-of-way; and
                    ``(B) provides for the long-term, cost-effective, 
                efficient, and timely management of facilities and 
                vegetation within the width of the right-of-way and 
                adjacent Federal lands to enhance electric reliability, 
                promote public safety, and avoid fire hazards.''.
    (b) Clerical Amendment.--The table of sections for the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended 
by inserting after the item relating to section 511 the following new 
item:

``Sec. 512. Vegetation management, facility inspection, and operation 
                            and maintenance relating to electric 
                            transmission and distribution facility 
                            rights-of-way.''.

            Subtitle B--Hydropower Regulatory Modernization

SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN HYDROPOWER 
              LICENSING.

    (a) Licences.--Section 4(e) of the Federal Power Act (16 U.S.C. 
797(e)) is amended--
            (1) by striking ``and'' after ``recreational 
        opportunities,''; and
            (2) by inserting ``, and minimizing infringement on the 
        useful exercise and enjoyment of property rights held by 
        nonlicensees'' after ``aspects of environmental quality''.
    (b) Private Landownership.--Section 10 of the Federal Power Act (16 
U.S.C. 803) is amended--
            (1) in subsection (a)(1), by inserting ``, including 
        minimizing infringement on the useful exercise and enjoyment of 
        property rights held by nonlicensees'' after ``section 4(e)''; 
        and
            (2) by adding at the end the following:
    ``(k) Private Landownership.--In developing any recreational 
resource within the project boundary, the licensee shall consider 
private landownership as a means to encourage and facilitate--
            ``(1) private investment; and
            ``(2) increased tourism and recreational use.''.

SEC. 1202. EXTENSION OF TIME FOR FERC PROJECT INVOLVING W. KERR SCOTT 
              DAM.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12642, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to 3 consecutive 2-year periods from 
the date of the expiration of the extension originally issued by the 
Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license effective as of the date of its 
expiration and the first extension authorized under subsection (a) 
shall take effect on the date of such expiration.

SEC. 1203. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended 
by adding at the end the following:

``SEC. 34. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

    ``(a) Definition.--In this section, the term `Federal 
authorization'--
            ``(1) means any authorization required under Federal law 
        with respect to an application for a license, license 
        amendment, or exemption under this part; and
            ``(2) includes any permits, special use authorizations, 
        certifications, opinions, or other approvals as may be required 
        under Federal law to approve or implement the license, license 
        amendment, or exemption under this part.
    ``(b) Designation as Lead Agency.--
            ``(1) In general.--The Commission shall act as the lead 
        agency for the purposes of coordinating all applicable Federal 
        authorizations and for the purposes of complying with the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
            ``(2) Other agencies and indian tribes.--
                    ``(A) In general.--Each Federal, State, and local 
                government agency and Indian tribe considering an 
                aspect of an application for Federal authorization 
                shall coordinate with the Commission and comply with 
                the deadline established in the schedule developed for 
                the project in accordance with the rule issued by the 
                Commission under subsection (c).
                    ``(B) Identification.--The Commission shall 
                identify, as early as practicable after it is notified 
                by the applicant of a project or facility requiring 
                Commission action under this part, any Federal or State 
                agency, local government, or Indian tribe that may 
                consider an aspect of an application for a Federal 
                authorization.
                    ``(C) Notification.--
                            ``(i) In general.--The Commission shall 
                        notify any agency and Indian tribe identified 
                        under subparagraph (B) of the opportunity to 
                        participate in the process of reviewing an 
                        aspect of an application for a Federal 
                        authorization.
                            ``(ii) Deadline.--Each agency and Indian 
                        tribe receiving a notice under clause (i) shall 
                        submit a response acknowledging receipt of the 
                        notice to the Commission within 30 days of 
                        receipt of such notice and request.
                    ``(D) Issue identification and resolution.--
                            ``(i) Identification of issues.--Federal, 
                        State, and local government agencies and Indian 
                        tribes that may consider an aspect of an 
                        application for Federal authorization shall 
                        identify, as early as possible, and share with 
                        the Commission and the applicant, any issues of 
                        concern identified during the pendency of the 
                        Commission's action under this part relating to 
                        any Federal authorization that may delay or 
                        prevent the granting of such authorization, 
                        including any issues that may prevent the 
                        agency or Indian tribe from meeting the 
                        schedule established for the project in 
                        accordance with the rule issued by the 
                        Commission under subsection (c).
                            ``(ii) Issue resolution.--The Commission 
                        may forward any issue of concern identified 
                        under clause (i) to the heads of the relevant 
                        State and Federal agencies (including, in the 
                        case of scheduling concerns identified by a 
                        State or local government agency or Indian 
                        tribe, the Federal agency overseeing the 
                        delegated authority, or the Secretary of the 
                        Interior with regard to scheduling concerns 
                        identified by an Indian tribe) for resolution. 
                        The Commission and any relevant agency shall 
                        enter into a memorandum of understanding to 
                        facilitate interagency coordination and 
                        resolution of such issues of concern, as 
                        appropriate.
    ``(c) Schedule.--
            ``(1) Commission rulemaking to establish process to set 
        schedule.--Within 180 days of the date of enactment of this 
        section the Commission shall, in consultation with the 
        appropriate Federal agencies, issue a rule, after providing for 
        notice and public comment, establishing a process for setting a 
        schedule following the filing of an application under this part 
        for the review and disposition of each Federal authorization.
            ``(2) Elements of scheduling rule.--In issuing a rule under 
        this subsection, the Commission shall ensure that the schedule 
        for each Federal authorization--
                    ``(A) includes deadlines for actions by--
                            ``(i) any Federal or State agency, local 
                        government, or Indian tribe that may consider 
                        an aspect of an application for the Federal 
                        authorization;
                            ``(ii) the applicant;
                            ``(iii) the Commission; and
                            ``(iv) other participants in a proceeding;
                    ``(B) is developed in consultation with the 
                applicant and any agency and Indian tribe that submits 
                a response under subsection (b)(2)(C)(ii);
                    ``(C) provides an opportunity for any Federal or 
                State agency, local government, or Indian tribe that 
                may consider an aspect of an application for the 
                applicable Federal authorization to identify and 
                resolve issues of concern, as provided in subsection 
                (b)(2)(D);
                    ``(D) complies with applicable schedules 
                established under Federal and State law;
                    ``(E) ensures expeditious completion of all 
                proceedings required under Federal and State law, to 
                the extent practicable; and
                    ``(F) facilitates completion of Federal and State 
                agency studies, reviews, and any other procedures 
                required prior to, or concurrent with, the preparation 
                of the Commission's environmental document required 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    ``(d) Transmission of Final Schedule.--
            ``(1) In general.--For each application for a license, 
        license amendment, or exemption under this part, the Commission 
        shall establish a schedule in accordance with the rule issued 
        by the Commission under subsection (c). The Commission shall 
        publicly notice and transmit the final schedule to the 
        applicant and each agency and Indian tribe identified under 
        subsection (b)(2)(B).
            ``(2) Response.--Each agency and Indian tribe receiving a 
        schedule under this subsection shall acknowledge receipt of 
        such schedule in writing to the Commission within 30 days.
    ``(e) Adherence to Schedule.--All applicants, other licensing 
participants, and agencies and tribes considering an aspect of an 
application for a Federal authorization shall meet the deadlines set 
forth in the schedule established pursuant to subsection (d)(1).
    ``(f) Application Processing.--The Commission, Federal, State, and 
local government agencies, and Indian tribes may allow an applicant 
seeking a Federal authorization to fund a third-party contractor 
selected by such agency or tribe to assist in reviewing the 
application. All costs of an agency or tribe incurred pursuant to 
direct funding by the applicant, including all costs associated with 
the third party contractor, shall not be considered costs of the United 
States for the administration of this part under section 10(e).
    ``(g) Commission Recommendation on Scope of Environmental Review.--
For the purposes of coordinating Federal authorizations for each 
project, the Commission shall consult with and make a recommendation to 
agencies and Indian tribes receiving a schedule under subsection (d) on 
the scope of the environmental review for all Federal authorizations 
for such project. Each Federal and State agency and Indian tribe shall 
give due consideration and may give deference to the Commission's 
recommendations, to the extent appropriate under Federal law.
    ``(h) Failure To Meet Schedule.--A Federal, State, or local 
government agency or Indian tribe that anticipates that it will be 
unable to complete its disposition of a Federal authorization by the 
deadline set forth in the schedule established under subsection (d)(1) 
may file for an extension as provided under section 313(b)(2).
    ``(i) Consolidated Record.--The Commission shall, with the 
cooperation of Federal, State, and local government agencies and Indian 
tribes, maintain a complete consolidated record of all decisions made 
or actions taken by the Commission or by a Federal administrative 
agency or officer (or State or local government agency or officer or 
Indian tribe acting under delegated Federal authority) with respect to 
any Federal authorization. Such record shall constitute the record for 
judicial review under section 313(b).''.

SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.

    Section 313(b) of the Federal Power Act (16 U.S.C. 825l(b)) is 
amended--
            (1) by striking ``(b) Any party'' and inserting the 
        following:
    ``(b) Judicial Review.--
            ``(1) In general.--Any party''; and
            (2) by adding at the end the following:
            ``(2) Delay of a federal authorization.--Any Federal, 
        State, or local government agency or Indian tribe that will not 
        complete its disposition of a Federal authorization by the 
        deadline set forth in the schedule by the Commission under 
        section 34 may file for an extension in the United States court 
        of appeals for any circuit wherein the project or proposed 
        project is located, or in the United States Court of Appeals 
        for the District of Columbia. Such petition shall be filed not 
        later than 30 days prior to such deadline. The court shall only 
        grant an extension if the agency or tribe demonstrates, based 
        on the record maintained under section 34, that it otherwise 
        complied with the requirements of section 34 and that complying 
        with the schedule set by the Commission would have prevented 
        the agency or tribe from complying with applicable Federal or 
        State law. If the court grants the extension, the court shall 
        set a reasonable schedule and deadline, not to exceed 90 days, 
        for the agency to act on remand. If the court denies the 
        extension, or if an agency or tribe does not file for an 
        extension as provided in this subsection and does not complete 
        its disposition of a Federal authorization by the applicable 
        deadline, the Commission and applicant may move forward with 
        the proposed action.''.

SEC. 1205. LICENSING STUDY IMPROVEMENTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1203, is further amended by adding at the end the following:

``SEC. 35. LICENSING STUDY IMPROVEMENTS.

    ``(a) In General.--To facilitate the timely and efficient 
completion of the license proceedings under this part, the Commission 
shall, in consultation with applicable Federal and State agencies and 
interested members of the public--
            ``(1) compile current and accepted best practices in 
        performing studies required in such license proceedings, 
        including methodologies and the design of studies to assess the 
        full range of environmental impacts of a project that reflect 
        the most recent peer-reviewed science;
            ``(2) compile a comprehensive collection of studies and 
        data accessible to the public that could be used to inform 
        license proceedings under this part; and
            ``(3) encourage license applicants, agencies, and Indian 
        tribes to develop and use, for the purpose of fostering timely 
        and efficient consideration of license applications, a limited 
        number of open-source methodologies and tools applicable across 
        a wide array of projects, including water balance models and 
        streamflow analyses.
    ``(b) Use of Studies.--To the extent practicable, the Commission 
and other Federal, State, and local government agencies and Indian 
tribes considering an aspect of an application for Federal 
authorization shall use current, accepted science toward studies and 
data in support of their actions. Any participant in a proceeding with 
respect to a Federal authorization shall demonstrate a study requested 
by the party is not duplicative of current, existing studies that are 
applicable to the project.
    ``(c) Basin-Wide or Regional Review.--The Commission shall 
establish a program to develop comprehensive plans, at the request of 
project applicants, on a regional or basin-wide scale, in consultation 
with the applicants, appropriate Federal agencies, and affected States, 
local governments, and Indian tribes, in basins or regions with respect 
to which there are more than one project or application for a project. 
Upon such a request, the Commission, in consultation with the 
applicants, such Federal agencies, and affected States, local 
governments, and Indian tribes, may conduct or commission regional or 
basin-wide environmental studies, with the participation of at least 2 
applicants. Any study conducted under this subsection shall apply only 
to a project with respect to which the applicant participates.''.

SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1205, is further amended by adding at the end the following:

``SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS.

    ``(a) Definition.--For purposes of this section, a closed-loop 
pumped storage project is a project--
            ``(1) in which the upper and lower reservoirs do not 
        impound or directly withdraw water from navigable waters; or
            ``(2) that is not continuously connected to a naturally 
        flowing water feature.
    ``(b) In General.--As provided in this section, the Commission may 
issue and amend licenses and preliminary permits, as appropriate, for 
closed-loop pumped storage projects.
    ``(c) Dam Safety.--Before issuing any license for a closed-loop 
pumped storage project, the Commission shall assess the safety of 
existing dams and other structures related to the project (including 
possible consequences associated with failure of such structures).
    ``(d) License Conditions.--With respect to a closed-loop pumped 
storage project, the authority of the Commission to impose conditions 
on a license under sections 4(e), 10(a), 10(g), and 10(j) shall not 
apply, and any condition included in or applicable to a closed-loop 
pumped storage project licensed under this section, including any 
condition or other requirement of a Federal authorization, shall be 
limited to those that are--
            ``(1) necessary to protect public safety; or
            ``(2) reasonable, economically feasible, and essential to 
        prevent loss of or damage to, or to mitigate adverse effects 
        on, fish and wildlife resources directly caused by the 
        construction and operation of the project, as compared to the 
        environmental baseline existing at the time the Commission 
        completes its environmental review.
    ``(e) Transfers.--Notwithstanding section 5, and regardless of 
whether the holder of a preliminary permit for a closed-loop pumped 
storage project claimed municipal preference under section 7(a) when 
obtaining the permit, the Commission may, to facilitate development of 
a closed-loop pumped storage project--
            ``(1) add entities as joint permittees following issuance 
        of a preliminary permit; and
            ``(2) transfer a license in part to one or more 
        nonmunicipal entities as co-licensees with a municipality.''.

SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1206, is further amended by adding at the end the following:

``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.

    ``(a) Qualifying Project Upgrades.--
            ``(1) In general.--As provided in this section, the 
        Commission may approve an application for an amendment to a 
        license issued under this part for a qualifying project 
        upgrade.
            ``(2) Application.--A licensee filing an application for an 
        amendment to a project license under this section shall include 
        in such application information sufficient to demonstrate that 
        the proposed change to the project described in the application 
        is a qualifying project upgrade.
            ``(3) Initial determination.--Not later than 15 days after 
        receipt of an application under paragraph (2), the Commission 
        shall make an initial determination as to whether the proposed 
        change to the project described in the application for a 
        license amendment is a qualifying project upgrade. The 
        Commission shall publish its initial determination and issue 
        notice of the application filed under paragraph (2). Such 
        notice shall solicit public comment on the initial 
        determination within 45 days.
            ``(4) Public comment on qualifying criteria.--The 
        Commission shall accept public comment regarding whether a 
        proposed license amendment is for a qualifying project upgrade 
        for a period of 45 days beginning on the date of publication of 
        a public notice described in paragraph (3), and shall--
                    ``(A) if no entity contests whether the proposed 
                license amendment is for a qualifying project upgrade 
                during such comment period, immediately publish a 
                notice stating that the initial determination has not 
                been contested; or
                    ``(B) if an entity contests whether the proposed 
                license amendment is for a qualifying project upgrade 
                during the comment period, issue a written 
                determination in accordance with paragraph (5).
            ``(5) Written determination.--If an entity contests whether 
        the proposed license amendment is for a qualifying project 
        upgrade during the comment period under paragraph (4), the 
        Commission shall, not later than 30 days after the date of 
        publication of the public notice of the initial determination 
        under paragraph (3), issue a written determination as to 
        whether the proposed license amendment is for a qualifying 
        project upgrade.
            ``(6) Public comment on amendment application.--If no 
        entity contests whether the proposed license amendment is for a 
        qualifying project upgrade during the comment period under 
        paragraph (4) or the Commission issues a written determination 
        under paragraph (5) that a proposed license amendment is a 
        qualifying project upgrade, the Commission shall--
                    ``(A) during the 60-day period beginning on the 
                date of publication of a notice under paragraph (4)(A) 
                or the date on which the Commission issues the written 
                determination under paragraph (5), as applicable, 
                solicit comments from each Federal, State, and local 
                government agency and Indian tribe considering an 
                aspect of an application for Federal authorization (as 
                defined in section 34) with respect to the proposed 
                license amendment, as well as other interested 
                agencies, Indian tribes, and members of the public; and
                    ``(B) during the 90-day period beginning on the 
                date of publication of a notice under paragraph (4)(A) 
                or the date on which the Commission issues the written 
                determination under paragraph (5), as applicable, 
                consult with--
                            ``(i) appropriate Federal agencies and the 
                        State agency exercising administrative control 
                        over the fish and wildlife resources, and water 
                        quality and supply, of the State in which the 
                        qualifying project upgrade is located;
                            ``(ii) any Federal department supervising 
                        any public lands or reservations occupied by 
                        the qualifying project upgrade; and
                            ``(iii) any Indian tribe affected by the 
                        qualifying project upgrade.
            ``(7) Federal authorizations.--The schedule established by 
        the Commission under section 34 for any project upgrade under 
        this subsection shall require final disposition on all 
        necessary Federal authorizations (as defined in section 34), 
        other than final action by the Commission, by not later than 
        120 days after the date on which the Commission issues a notice 
        under paragraph (4)(A) or a written determination under 
        paragraph (5), as applicable.
            ``(8) Commission action.--Not later than 150 days after the 
        date on which the Commission issues a notice under paragraph 
        (4)(A) or a written determination under paragraph (5), as 
        applicable, the Commission shall take final action on the 
        license amendment application.
            ``(9) License amendment conditions.--Any condition included 
        in or applicable to a license amendment approved under this 
        subsection, including any condition or other requirement of a 
        Federal authorization, shall be limited to those that are--
                    ``(A) necessary to protect public safety; or
                    ``(B) reasonable, economically feasible, and 
                essential to prevent loss of or damage to, or to 
                mitigate adverse effects on, fish and wildlife 
                resources, water supply, and water quality that are 
                directly caused by the construction and operation of 
                the qualifying project upgrade, as compared to the 
                environmental baseline existing at the time the 
                Commission approves the application for the license 
                amendment.
            ``(10) Proposed license amendments that are not qualifying 
        project upgrades.--If the Commission determines under paragraph 
        (3) or (5) that a proposed license amendment is not for a 
        qualifying project upgrade, the procedures under paragraphs (6) 
        through (9) shall not apply to the application.
            ``(11) Rulemaking.--Not later than 180 days after the date 
        of enactment of this section, the Commission shall, after 
        notice and opportunity for public comment, issue a rule to 
        implement this subsection.
            ``(12) Definitions.--For purposes of this subsection:
                    ``(A) Qualifying project upgrade.--The term 
                `qualifying project upgrade' means a change to a 
                project licensed under this part that meets the 
                qualifying criteria, as determined by the Commission.
                    ``(B) Qualifying criteria.--The term `qualifying 
                criteria' means, with respect to a project license 
                under this part, a change to the project that--
                            ``(i) if carried out, would be unlikely to 
                        adversely affect any species listed as 
                        threatened or endangered under the Endangered 
                        Species Act of 1973 or result in the 
                        destruction or adverse modification of critical 
                        habitat, as determined in consultation with the 
                        Secretary of the Interior or Secretary of 
                        Commerce, as appropriate, in accordance with 
                        section 7 of the Endangered Species Act of 
                        1973;
                            ``(ii) is consistent with any applicable 
                        comprehensive plan under section 10(a)(2);
                            ``(iii) includes only changes to project 
                        lands, waters, or operations that, in the 
                        judgment of the Commission, would result in 
                        only insignificant or minimal cumulative 
                        adverse environmental effects;
                            ``(iv) would be unlikely to adversely 
                        affect water quality and water supply; and
                            ``(v) proposes to implement--
                                    ``(I) capacity increases, 
                                efficiency improvements, or other 
                                enhancements to hydropower generation 
                                at the licensed project;
                                    ``(II) environmental protection, 
                                mitigation, or enhancement measures to 
                                benefit fish and wildlife resources or 
                                other natural and cultural resources; 
                                or
                                    ``(III) improvements to public 
                                recreation at the licensed project.
    ``(b) Amendment Approval Processes.--
            ``(1) Rule.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall, after notice 
        and opportunity for public comment, issue a rule establishing 
        new standards and procedures for license amendment applications 
        under this part. In issuing such rule, the Commission shall 
        seek to develop the most efficient and expedient process, 
        consultation, and review requirements, commensurate with the 
        scope of different categories of proposed license amendments. 
        Such rule shall account for differences in environmental 
        effects across a wide range of categories of license amendment 
        applications.
            ``(2) Capacity.--In issuing a rule under this subsection, 
        the Commission shall take into consideration that a change in 
        generating or hydraulic capacity may indicate the potential 
        environmental effects of a proposed amendment but is not 
        determinative of such effects.
            ``(3) Process options.--In issuing a rule under this 
        subsection, the Commission shall take into consideration the 
        range of process options available under the Commission's 
        regulations for new and original license applications and adapt 
        such options to amendment applications, where appropriate.''.

SEC. 1208. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
              DAMS.

    Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as amended 
by section 1207, is further amended by adding at the end the following:

``SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NONPOWERED 
              DAMS.

    ``(a) Exemptions for Qualifying Facilities.--
            ``(1) Exemption qualifications.--Subject to the 
        requirements of this subsection, the Commission may grant an 
        exemption in whole or in part from the requirements of this 
        part, including any license requirements contained in this 
        part, to any facility the Commission determines is a qualifying 
        facility.
            ``(2) Consultation with federal and state agencies.--In 
        granting any exemption under this subsection, the Commission 
        shall consult with--
                    ``(A) the United States Fish and Wildlife Service, 
                the National Marine Fisheries Service, and the State 
                agency exercising administrative control over the fish 
                and wildlife resources of the State in which the 
                facility will be located, in the manner provided by the 
                Fish and Wildlife Coordination Act;
                    ``(B) any Federal department supervising any public 
                lands or reservations occupied by the project; and
                    ``(C) any Indian tribe affected by the project.
            ``(3) Exemption conditions.--
                    ``(A) In general.--The Commission shall include in 
                any exemption granted under this subsection only such 
                terms and conditions that the Commission determines 
                are--
                            ``(i) necessary to protect public safety; 
                        or
                            ``(ii) reasonable, economically feasible, 
                        and essential to prevent loss of or damage to, 
                        or to mitigate adverse effects on, fish and 
                        wildlife resources directly caused by the 
                        construction and operation of the qualifying 
                        facility, as compared to the environmental 
                        baseline existing at the time the Commission 
                        grants the exemption.
                    ``(B) No changes to release regime.--No Federal 
                authorization required with respect to a qualifying 
                facility described in paragraph (1), including an 
                exemption granted by the Commission under this 
                subsection, may include any condition or other 
                requirement that results in any material change to the 
                storage, control, withdrawal, diversion, release, or 
                flow operations of the associated qualifying nonpowered 
                dam.
            ``(4) Environmental review.--The Commission's environmental 
        review under the National Environmental Policy Act of 1969 of a 
        proposed exemption under this subsection shall consist only of 
        an environmental assessment, unless the Commission determines, 
        by rule or order, that the Commission's obligations under such 
        Act for granting exemptions under this subsection can be met 
        through a categorical exclusion.
            ``(5) Violation of terms of exemption.--Any violation of a 
        term or condition of any exemption granted under this 
        subsection shall be treated as a violation of a rule or order 
        of the Commission under this Act.
            ``(6) Annual charges for enhancement activities.--Exemptees 
        under this subsection for any facility located at a non-Federal 
        dam shall pay to the United States reasonable annual charges in 
        an amount to be fixed by the Commission for the purpose of 
        funding environmental enhancement projects in watersheds in 
        which facilities exempted under this subsection are located. 
        Such annual charges shall be equivalent to the annual charges 
        for use of a Government dam under section 10(e), unless the 
        Commission determines, by rule, that a lower charge is 
        appropriate to protect exemptees' investment in the project or 
        avoid increasing the price to consumers of power due to such 
        charges. The proceeds of charges made by the Commission under 
        this paragraph shall be paid into the Treasury of the United 
        States and credited to miscellaneous receipts. Subject to 
        annual appropriation Acts, such proceeds shall be available to 
        Federal and State fish and wildlife agencies for purposes of 
        carrying out specific environmental enhancement projects in 
        watersheds in which one or more facilities exempted under this 
        subsection are located. Not later than 180 days after the date 
        of enactment of this section, the Commission shall establish 
        rules, after notice and opportunity for public comment, for the 
        collection and administration of annual charges under this 
        paragraph.
            ``(7) Effect of jurisdiction.--The jurisdiction of the 
        Commission over any qualifying facility exempted under this 
        subsection shall extend only to the qualifying facility 
        exempted and any associated primary transmission line, and 
        shall not extend to any conduit, dam, impoundment, shoreline or 
        other land, or any other project work associated with the 
        qualifying facility exempted under this subsection.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Federal authorization.--The term `Federal 
        authorization' has the same meaning as provided in section 34.
            ``(2) Qualifying criteria.--The term `qualifying criteria' 
        means, with respect to a facility--
                    ``(A) as of the date of enactment of this section, 
                the facility is not licensed under, or exempted from 
                the license requirements contained in, this part;
                    ``(B) the facility will be associated with a 
                qualifying nonpowered dam;
                    ``(C) the facility will be constructed, operated, 
                and maintained for the generation of electric power;
                    ``(D) the facility will use for such generation any 
                withdrawals, diversions, releases, or flows from the 
                associated qualifying nonpowered dam, including its 
                associated impoundment or other infrastructure; and
                    ``(E) the operation of the facility will not result 
                in any material change to the storage, control, 
                withdrawal, diversion, release, or flow operations of 
                the associated qualifying nonpowered dam.
            ``(3) Qualifying facility.--The term `qualifying facility' 
        means a facility that is determined under this section to meet 
        the qualifying criteria.
            ``(4) Qualifying nonpowered dam.--The term `qualifying 
        nonpowered dam' means any dam, dike, embankment, or other 
        barrier--
                    ``(A) the construction of which was completed on or 
                before the date of enactment of this section;
                    ``(B) that is operated for the control, release, or 
                distribution of water for agricultural, municipal, 
                navigational, industrial, commercial, environmental, 
                recreational, aesthetic, or flood control purposes;
                    ``(C) that, as of the date of enactment of this 
                section, is not equipped with hydropower generating 
                works that are licensed under, or exempted from the 
                license requirements contained in, this part; and
                    ``(D) that, in the case of a non-Federal dam, has 
                been certified by an independent consultant approved by 
                the Commission as complying with the Commission's dam 
                safety requirements.''.

                TITLE II--ENERGY SECURITY AND DIPLOMACY

SEC. 2001. 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. 2002. ENERGY SECURITY VALUATION.

    (a) Establishment of Energy Security Valuation Methods.--Not later 
than 1 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, the Committee on Science, Space, and Technology, and the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources, the Committee on Commerce, 
Science, and Transportation, 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, 
        transportation, 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. 2003. NORTH AMERICAN ENERGY SECURITY PLAN.

    (a) Requirement.--Not later than 1 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. 2004. 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 1 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 1 Trans-Atlantic and 1 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 publicly 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. 2005. AUTHORIZATION TO EXPORT NATURAL GAS.

    (a) Decision Deadline.--For proposals that must also obtain 
authorization from the Federal Energy Regulatory Commission or the 
United States Maritime Administration to site, construct, expand, or 
operate LNG export facilities, the Department of Energy shall issue a 
final decision on any application for the authorization to export 
natural gas under section 3 of the Natural Gas Act (15 U.S.C. 717b) not 
later than 30 days after the later of--
            (1) the conclusion of the review to site, construct, 
        expand, or operate the LNG facilities required by the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
            (2) the date of enactment of this Act.
    (b) Conclusion of Review.--For purposes of subsection (a), review 
required by the National Environmental Policy Act of 1969 shall be 
considered concluded--
            (1) for a project requiring an Environmental Impact 
        Statement, 30 days after publication of a Final Environmental 
        Impact Statement;
            (2) for a project for which an Environmental Assessment has 
        been prepared, 30 days after publication by the Department of 
        Energy of a Finding of No Significant Impact; and
            (3) upon a determination by the lead agency that an 
        application is eligible for a categorical exclusion pursuant to 
        National Environmental Policy Act of 1969 implementing 
        regulations.
    (c) Public Disclosure of Export Destinations.--Section 3 of the 
Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the 
following:
    ``(g) Public Disclosure of LNG Export Destinations.--As a condition 
for approval of any authorization to export LNG, the Secretary of 
Energy shall require the applicant to publicly disclose the specific 
destination or destinations of any such authorized LNG exports.''.

SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.

    Notwithstanding any other provision of law, including any other 
provision of this Act and any amendment made by this Act, to the extent 
that the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) applies to the issuance of a permit for the construction, 
operation, or maintenance of a facility for the export of bulk 
commodities, no such permit may be denied until each applicable Federal 
agency has completed all reviews required for the facility under such 
Act.

SEC. 2007. AUTHORIZATION OF CROSS-BORDER INFRASTRUCTURE PROJECTS.

    (a) Finding.--Congress finds that the United States should 
establish a more uniform, transparent, and modern process for the 
construction, connection, operation, and maintenance of pipelines and 
electric transmission facilities for the import and export of liquid 
products, including water and petroleum, and natural gas and the 
transmission of electricity to and from Canada and Mexico.
    (b) Authorization of Certain Infrastructure Projects at the 
National Boundary of the United States.--
            (1) Requirement.--No person may construct, connect, 
        operate, or maintain a cross-border segment of a pipeline or 
        electric transmission facility for the import or export of 
        liquid products or natural gas, or the transmission of 
        electricity, to or from Canada or Mexico without obtaining a 
        certificate of crossing for such construction, connection, 
        operation, or maintenance under this subsection.
            (2) Certificate of crossing.--
                    (A) Issuance.--
                            (i) In general.--Not later than 120 days 
                        after final action is taken under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) with respect to a cross-border 
                        segment described in paragraph (1), the 
                        relevant official identified under subparagraph 
                        (B), in consultation with appropriate Federal 
                        agencies, shall issue a certificate of crossing 
                        for the cross-border segment unless the 
                        relevant official finds that the construction, 
                        connection, operation, or maintenance of the 
                        cross-border segment is not in the public 
                        interest of the United States.
                            (ii) Natural gas.--For the purposes of 
                        natural gas pipelines, a finding with respect 
                        to the public interest under section 3(a) of 
                        the Natural Gas Act (15 U.S.C. 717b(a)) shall 
                        serve as a finding under clause (i) of this 
                        subparagraph.
                    (B) Relevant official.--The relevant official 
                referred to in subparagraph (A) is--
                            (i) the Secretary of State with respect to 
                        liquid pipelines;
                            (ii) the Federal Energy Regulatory 
                        Commission with respect to natural gas 
                        pipelines; and
                            (iii) the Secretary of Energy with respect 
                        to electric transmission facilities.
                    (C) Additional requirement for electric 
                transmission facilities.--The Secretary of Energy shall 
                require, as a condition of issuing a certificate of 
                crossing for an electric transmission facility, that 
                the cross-border segment be constructed, connected, 
                operated, or maintained consistent with all applicable 
                policies and standards of--
                            (i) the Electric Reliability Organization 
                        and the applicable regional entity; and
                            (ii) any Regional Transmission Organization 
                        or Independent System Operator with operational 
                        or functional control over the cross-border 
                        segment of the electric transmission facility.
            (3) Modifications to existing projects.--No certificate of 
        crossing shall be required under this subsection for a change 
        in ownership, volume expansion, downstream or upstream 
        interconnection, or adjustment to maintain flow (such as a 
        reduction or increase in the number of pump or compressor 
        stations) with respect to a liquid or natural gas pipeline or 
        electric transmission facility unless such modification would 
        result in a significant impact at the national boundary.
            (4) Effect of other laws.--Nothing in this subsection shall 
        affect the application of any other Federal statute (including 
        the Natural Gas Act and the Energy Policy and Conservation Act) 
        to a project for which a certificate of crossing is sought 
        under this subsection.
    (c) Importation or Exportation of Natural Gas to Canada and 
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is 
amended by adding at the end the following: ``In the case of an 
application for the importation or exportation of natural gas to or 
from Canada or Mexico, the Commission shall grant the application not 
later than 30 days after the date of receipt of the complete 
application.''.
    (d) Transmission of Electric Energy to Canada and Mexico.--
            (1) Repeal of requirement to secure order.--Section 202(e) 
        of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
            (2) Conforming amendments.--
                    (A) State regulations.--Section 202(f) of the 
                Federal Power Act (16 U.S.C. 824a(f)) is amended by 
                striking ``insofar as such State regulation does not 
                conflict with the exercise of the Commission's powers 
                under or relating to subsection 202(e)''.
                    (B) Seasonal diversity electricity exchange.--
                Section 602(b) of the Public Utility Regulatory 
                Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended 
                by striking ``the Commission has conducted hearings and 
                made the findings required under section 202(e) of the 
                Federal Power Act'' and all that follows through the 
                period at the end and inserting ``the Secretary has 
                conducted hearings and finds that the proposed 
                transmission facilities would not impair the 
                sufficiency of electric supply within the United States 
                or would not impede or tend to impede the coordination 
                in the public interest of facilities subject to the 
                jurisdiction of the Secretary''.
    (e) Effective Date; Rulemaking Deadlines.--
            (1) Effective date.--Subsections (b) through (d), and the 
        amendments made by such subsections, shall take effect on 
        January 20, 2017.
            (2) Rulemaking deadlines.--Each relevant official described 
        in subsection (b)(2)(B) shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, publish in the Federal Register 
                notice of a proposed rulemaking to carry out the 
                applicable requirements of subsection (b); and
                    (B) not later than 1 year after the date of 
                enactment of this Act, publish in the Federal Register 
                a final rule to carry out the applicable requirements 
                of subsection (b).
    (f) Definitions.--In this section--
            (1) the term ``cross-border segment'' means the portion of 
        a liquid or natural gas pipeline or electric transmission 
        facility that is located at the national boundary of the United 
        States with either Canada or Mexico;
            (2) the terms ``Electric Reliability Organization'' and 
        ``regional entity'' have the meanings given those terms in 
        section 215 of the Federal Power Act (16 U.S.C. 824o);
            (3) the terms ``Independent System Operator'' and 
        ``Regional Transmission Organization'' have the meanings given 
        those terms in section 3 of the Federal Power Act (16 U.S.C. 
        796);
            (4) the term ``liquid'' includes water, petroleum, 
        petroleum product, and any other substance that flows through a 
        pipeline other than natural gas; and
            (5) the term ``natural gas'' has the meaning given that 
        term in section 2 of the Natural Gas Act (15 U.S.C. 717a).

SEC. 2008. REPORT ON SMART METER SECURITY CONCERNS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy shall transmit to Congress a report on the 
weaknesses in currently available smart meters' security architecture 
and features, including an absence of event logging, as described in 
the Government Accountability Office testimony entitled ``Critical 
Infrastructure Protection: Cybersecurity of the Nation's Electricity 
Grid Requires Continued Attention'' on October 21, 2015.

            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 3111. 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. 3112. 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 the 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. 3113. 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. 3114. BATTERY STORAGE REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall transmit to Congress a report on the 
potential of battery energy storage that answers the following 
questions:
            (1) How do existing Federal standards impact the 
        development and deployment of battery storage systems?
            (2) What are the benefits of using existing battery storage 
        technology, and what challenges exist to their widespread use? 
        What are some examples of existing battery storage projects 
        providing these benefits?
            (3) What potential impact could large-scale battery storage 
        and behind-the-meter battery storage have on renewable energy 
        utilization?
            (4) What is the potential of battery technology for grid-
        scale use nationwide? What is the potential impact of battery 
        technology on the national grid capabilities?
            (5) How much economic activity associated with large-scale 
        and behind-the-meter battery storage technology is located in 
        the United States? How many jobs do these industries account 
        for?
            (6) What policies other than the Renewable Energy 
        Investment Tax Credit have research and available data shown to 
        promote renewable energy use and storage technology deployment 
        by State and local governments or private end-users?

SEC. 3115. FEDERAL PURCHASE REQUIREMENT.

    (a) Definitions.--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 (in accordance with 
        subsection (e)), 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.''.
    (b) Paper Recycling.--Section 203 of the Energy Policy Act of 2005 
(42 U.S.C. 15852) is amended by adding at the end the following:
    ``(e) Paper Recycling.--
            ``(1) Separate collection.--For purposes of this section, 
        any Federal agency may consider electric energy generation 
        purchased from a facility to be renewable energy if the 
        municipal solid waste used by the facility to generate the 
        electricity is--
                    ``(A) separately collected (within the meaning of 
                section 246.101(z) of title 40, Code of Federal 
                Regulations, as in effect on the date of enactment of 
                the North American Energy Security and Infrastructure 
                Act of 2015) from paper that is commonly recycled; and
                    ``(B) processed in a way that keeps paper that is 
                commonly recycled segregated from non-recyclable solid 
                waste.
            ``(2) Incidental inclusion.--Municipal solid waste used to 
        generate electric energy that meets the conditions described in 
        paragraph (1) shall be considered renewable energy even if the 
        municipal solid waste contains incidental commonly recycled 
        paper.
            ``(3) No effect on existing processes.--Nothing in 
        paragraph (1) shall be interpreted to require a State or 
        political subdivision of a State, directly or indirectly, to 
        change the systems, processes, or equipment it uses to collect, 
        treat, dispose of, or otherwise use municipal solid waste, 
        within the meaning of the Solid Waste Disposal Act (42 U.S.C. 
        6901 et seq.), nor require a change to the regulations that 
        implement subtitle D of such Act (42 U.S.C. 6941 et seq.).''.

SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Energy Performance Requirement for Federal Buildings.--
            ``(1) Requirement.--Subject to paragraph (2), each agency 
        shall apply energy conservation measures to, and shall improve 
        the design for the construction of, the Federal buildings of 
        the agency (including each industrial or laboratory facility) 
        so that the energy consumption per gross square foot of the 
        Federal buildings of the agency in fiscal years 2006 through 
        2017 is reduced, as compared with the energy consumption per 
        gross square foot of the Federal buildings of the agency in 
        fiscal year 2003, by the percentage specified in the following 
        table:

                                                             Percentage
``Fiscal Year                                                 Reduction
        2006...............................................          2 
        2007...............................................          4 
        2008...............................................          9 
        2009...............................................         12 
        2010...............................................         15 
        2011...............................................         18 
        2012...............................................         21 
        2013...............................................         24 
        2014...............................................         27 
        2015...............................................         30 
        2016...............................................         33 
        2017...............................................         36.
            ``(2) Exclusion for buildings with energy intensive 
        activities.--
                    ``(A) In general.--An agency may exclude from the 
                requirements of paragraph (1) any building (including 
                the associated energy consumption and gross square 
                footage) in which energy intensive activities are 
                carried out.
                    ``(B) Reports.--Each agency shall identify and list 
                in each report made under section 548(a) the buildings 
                designated by the agency for exclusion under 
                subparagraph (A).
            ``(3) Review.--Not later than December 31, 2017, the 
        Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy performance requirements established under 
                paragraph (1); and
                    ``(B) based on the review conducted under 
                subparagraph (A), submit to Congress a report that 
                addresses the feasibility of requiring each agency to 
                apply energy conservation measures to, and improve the 
                design for the construction of, the Federal buildings 
                of the agency (including each industrial or laboratory 
                facility) so that the energy consumption per gross 
                square foot of the Federal buildings of the agency in 
                each of fiscal years 2018 through 2030 is reduced, as 
                compared with the energy consumption per gross square 
                foot of the Federal buildings of the agency in the 
                prior fiscal year, by 3 percent.''; and
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (E), 
                        (F), and (G) as subparagraphs (F), (G), and 
                        (H), respectively; and
                            (ii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) Ongoing commissioning.--The term `ongoing 
                commissioning' means an ongoing process of 
                commissioning using monitored data, the primary goal of 
                which is to ensure continuous optimum performance of a 
                facility, in accordance with design or operating needs, 
                over the useful life of the facility, while meeting 
                facility occupancy requirements.'';
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(C) Energy management system.--An energy manager 
                designated under subparagraph (A) shall consider use of 
                a system to manage energy use at the facility and 
                certification of the facility in accordance with the 
                International Organization for Standardization standard 
                numbered 50001 and entitled `Energy Management 
                Systems'.'';
                    (C) by striking paragraphs (3) and (4) and 
                inserting the following:
            ``(3) Energy and water evaluations and commissioning.--
                    ``(A) Evaluations.--Except as provided in 
                subparagraph (B), effective beginning on the date that 
                is 180 days after the date of enactment of the North 
                American Energy Security and Infrastructure Act of 
                2015, and annually thereafter, each energy manager 
                shall complete, for each calendar year, a comprehensive 
                energy and water evaluation and recommissioning or 
                retrocommissioning for approximately 25 percent of the 
                facilities of that energy manager's agency that meet 
                the criteria under paragraph (2)(B) in a manner that 
                ensures that an evaluation of each facility is 
                completed at least once every 4 years.
                    ``(B) Exceptions.--An evaluation and 
                recommissioning or recommissioning shall not be 
                required under subparagraph (A) with respect to a 
                facility that--
                            ``(i) has had a comprehensive energy and 
                        water evaluation during the 8-year period 
                        preceding the date of the evaluation;
                            ``(ii)(I) has been commissioned, 
                        recommissioned, or retrocommissioned during the 
                        10-year period preceding the date of the 
                        evaluation; or
                            ``(II) is under ongoing commissioning, 
                        recommissioning, or retrocommissioning;
                            ``(iii) has not had a major change in 
                        function or use since the previous evaluation 
                        and commissioning, recommissioning, or 
                        retrocommissioning;
                            ``(iv) has been benchmarked with public 
                        disclosure under paragraph (8) within the year 
                        preceding the evaluation; and
                            ``(v)(I) based on the benchmarking, has 
                        achieved at a facility level the most recent 
                        cumulative energy savings target under 
                        subsection (a) compared to the earlier of--
                                    ``(aa) the date of the most recent 
                                evaluation; or
                                    ``(bb) the date--
                                            ``(AA) of the most recent 
                                        commissioning, recommissioning, 
                                        or retrocommissioning; or
                                            ``(BB) on which ongoing 
                                        commissioning, recommissioning, 
                                        or retrocommissioning began; or
                            ``(II) has a long-term contract in place 
                        guaranteeing energy savings at least as great 
                        as the energy savings target under subclause 
                        (I).
            ``(4) Implementation of identified energy and water 
        efficiency measures.--
                    ``(A) In general.--Not later than 2 years after the 
                date of completion of each evaluation under paragraph 
                (3), each energy manager may--
                            ``(i) implement any energy- or water-saving 
                        measure that the Federal agency identified in 
                        the evaluation conducted under paragraph (3) 
                        that is life-cycle cost effective; and
                            ``(ii) bundle individual measures of 
                        varying paybacks together into combined 
                        projects.
                    ``(B) Measures not implemented.--Each energy 
                manager, as part of the certification system under 
                paragraph (7) and using guidelines developed by the 
                Secretary, shall provide an explanation regarding any 
                life-cycle cost-effective measures described in 
                subparagraph (A)(i) that have not been implemented.''; 
                and
                    (D) in paragraph (7)(C), by adding at the end the 
                following:
                            ``(iii) Summary report.--The Secretary 
                        shall make publicly available a report that 
                        summarizes the information tracked under 
                        subparagraph (B)(i) by each agency and, as 
                        applicable, by each type of measure.''.

SEC. 3117. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS; 
              CERTIFICATION SYSTEM AND LEVEL FOR FEDERAL BUILDINGS.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832) is amended--
            (1) in paragraph (6), by striking ``to be constructed'' and 
        inserting ``constructed or altered''; and
            (2) by adding at the end the following:
            ``(17) Major renovation.--The term `major renovation' means 
        a modification of building energy systems sufficiently 
        extensive that the whole building can meet energy standards for 
        new buildings, based on criteria to be established by the 
        Secretary through notice and comment rulemaking.''.
    (b) Federal Building Efficiency Standards.--Section 305 of the 
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
            (1) in subsection (a)(3)--
                    (A) by striking ``(3)(A) Not later than'' and all 
                that follows through the end of subparagraph (B) and 
                inserting the following:
            ``(3) Revised federal building energy efficiency 
        performance standards; certification for green buildings.--
                    ``(A) Revised federal building energy efficiency 
                performance standards.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the North 
                        American Energy Security and Infrastructure Act 
                        of 2015, the Secretary shall establish, by 
                        rule, revised Federal building energy 
                        efficiency performance standards that require 
                        that--
                                    ``(I) new Federal buildings and 
                                alterations and additions to existing 
                                Federal buildings--
                                            ``(aa) meet or exceed the 
                                        most recent revision of the 
                                        IECC (in the case of 
                                        residential buildings) or 
                                        ASHRAE Standard 90.1 (in the 
                                        case of commercial buildings) 
                                        as of the date of enactment of 
                                        the North American Energy 
                                        Security and Infrastructure Act 
                                        of 2015; and
                                            ``(bb) meet or exceed the 
                                        energy provisions of State and 
                                        local building codes applicable 
                                        to the building, if the codes 
                                        are more stringent than the 
                                        IECC or ASHRAE Standard 90.1, 
                                        as applicable;
                                    ``(II) unless demonstrated not to 
                                be life-cycle cost effective for new 
                                Federal buildings and Federal buildings 
                                with major renovations--
                                            ``(aa) the buildings be 
                                        designed to achieve energy 
                                        consumption levels that are at 
                                        least 30 percent below the 
                                        levels established in the 
                                        version of the ASHRAE Standard 
                                        or the IECC, as appropriate, 
                                        that is applied under subclause 
                                        (I)(aa), including updates 
                                        under subparagraph (B); and
                                            ``(bb) sustainable design 
                                        principles are applied to the 
                                        location, siting, design, and 
                                        construction of all new Federal 
                                        buildings and replacement 
                                        Federal buildings;
                                    ``(III) if water is used to achieve 
                                energy efficiency, water conservation 
                                technologies shall be applied to the 
                                extent that the technologies are life-
                                cycle cost effective; and
                                    ``(IV) if life-cycle cost 
                                effective, as compared to other 
                                reasonably available technologies, not 
                                less than 30 percent of the hot water 
                                demand for each new Federal building or 
                                Federal building undergoing a major 
                                renovation be met through the 
                                installation and use of solar hot water 
                                heaters.
                            ``(ii) Limitation.--Clause (i)(I) shall not 
                        apply to unaltered portions of existing Federal 
                        buildings and systems that have been added to 
                        or altered.
                    ``(B) Updates.--Not later than 1 year after the 
                date of approval of each subsequent revision of ASHRAE 
                Standard 90.1 or the IECC, as appropriate, the 
                Secretary shall determine whether the revised standards 
                established under subparagraph (A) should be updated to 
                reflect the revisions, based on the energy savings and 
                life-cycle cost effectiveness of the revisions.'';
                    (B) in subparagraph (C), by striking ``(C) In the 
                budget request'' and inserting the following:
                    ``(C) Budget request.--In the budget request''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``(D) Not later than'' and 
                        all that follows through the end of the first 
                        sentence of clause (i)(III) and inserting the 
                        following:
                    ``(D) Certification for green buildings.--
                            ``(i) In general.--'';
                            (ii) by striking clause (ii);
                            (iii) in clause (iii), by striking ``(iii) 
                        In identifying'' and inserting the following:
                            ``(ii) Considerations.--In identifying'';
                            (iv) in clause (iv)--
                                    (I) by striking ``(iv) At least 
                                once'' and inserting the following:
                            ``(iii) Study.--At least once''; and
                                    (II) by striking ``clause (iii)'' 
                                and inserting ``clause (ii)'';
                            (v) in clause (v)--
                                    (I) by striking ``(v) The Secretary 
                                may'' and inserting the following:
                            ``(iv) Internal certification processes.--
                        The Secretary may''; and
                                    (II) by striking ``clause 
                                (i)(III)'' each place it appears and 
                                inserting ``clause (i)'';
                            (vi) in clause (vi)--
                                    (I) by striking ``(vi) With 
                                respect'' and inserting the following:
                            ``(v) Privatized military housing.--With 
                        respect''; and
                                    (II) by striking ``develop 
                                alternative criteria to those 
                                established by subclauses (I) and (III) 
                                of clause (i) that achieve an 
                                equivalent result in terms of energy 
                                savings, sustainable design, and'' and 
                                inserting ``develop alternative 
                                certification systems and levels than 
                                the systems and levels identified under 
                                clause (i) that achieve an equivalent 
                                result in terms of''; and
                            (vii) in clause (vii), by striking ``(vii) 
                        In addition to'' and inserting the following:
                            ``(vi) Water conservation technologies.--In 
                        addition to''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Periodic Review.--The Secretary shall--
            ``(1) every 5 years, review the Federal building energy 
        standards established under this section; and
            ``(2) on completion of a review under paragraph (1), if the 
        Secretary determines that significant energy savings would 
        result, upgrade the standards to include all new energy 
        efficiency and renewable energy measures that are 
        technologically feasible and economically justified.''.

SEC. 3118. OPERATION OF BATTERY RECHARGING STATIONS IN PARKING AREAS 
              USED BY FEDERAL EMPLOYEES.

    (a) Authorization.--
            (1) In general.--The head of any office of the Federal 
        Government which owns or operates a parking area for the use of 
        its employees (either directly or indirectly through a 
        contractor) may install, construct, operate, and maintain on a 
        reimbursable basis a battery recharging station in such area 
        for the use of privately owned vehicles of employees of the 
        office and others who are authorized to park in such area.
            (2) Use of vendors.--The head of an office may carry out 
        paragraph (1) through a contract with a vendor, under such 
        terms and conditions (including terms relating to the 
        allocation between the office and the vendor of the costs of 
        carrying out the contract) as the head of the office and the 
        vendor may agree to.
    (b) Imposition of Fees To Cover Costs.--
            (1) Fees.--The head of an office of the Federal Government 
        which operates and maintains a battery recharging station under 
        this section shall charge fees to the individuals who use the 
        station in such amount as is necessary to ensure that office 
        recovers all of the costs it incurs in installing, 
        constructing, operating, and maintaining the station.
            (2) Deposit and availability of fees.--Any fees collected 
        by the head of an office under this subsection shall be--
                    (A) deposited monthly in the Treasury to the credit 
                of the appropriations account for salaries and expenses 
                of the office; and
                    (B) available for obligation without further 
                appropriation during--
                            (i) the fiscal year collected; and
                            (ii) the fiscal year following the fiscal 
                        year collected.
    (c) No Effect on Existing Programs for House and Senate.--Nothing 
in this section may be construed to affect the installation, 
construction, operation, or maintenance of battery recharging stations 
by the Architect of the Capitol--
            (1) under Public Law 112-170 (2 U.S.C. 2171), relating to 
        employees of the House of Representatives and individuals 
        authorized to park in any parking area under the jurisdiction 
        of the House of Representatives on the Capitol Grounds; or
            (2) under Public Law 112-167 (2 U.S.C. 2170), relating to 
        employees of the Senate and individuals authorized to park in 
        any parking area under the jurisdiction of the Senate on the 
        Capitol Grounds.
    (d) Effective Date.--This section shall apply with respect to 
fiscal year 2016 and each succeeding fiscal year.

SEC. 3119. REPORT ON ENERGY SAVINGS AND GREENHOUSE GAS EMISSIONS 
              REDUCTION FROM CONVERSION OF CAPTURED METHANE TO ENERGY.

    (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 captured methane converted for energy and power 
generation on Federal lands, Federal buildings, and relevant 
municipalities that use such generation, and the return on investment 
and reduction in greenhouse gas emissions of utilizing such power 
generation.
    (b) Contents.--The report shall include--
            (1) a summary of energy performance and savings resulting 
        from the utilization of such power generation, including short-
        term and long-term (20 years) projections of such savings; and
            (2) an analysis of the reduction in greenhouse emissions 
        resulting from the utilization of such power generation.

        CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

SEC. 3121. 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) Smart grid capability on energy guide 
                labels.--
                            ``(i) Rule.--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) Deadline.--Not later than 3 years 
                        after the date of enactment of this 
                        subparagraph, the Commission shall complete the 
                        rulemaking initiated under clause (i).''.

SEC. 3122. 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 established under sections 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 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, that 
                                        note any instructions specified 
                                        by the manufacturer or the 
                                        representative of the 
                                        manufacturer for the purpose of 
                                        conducting the verification 
                                        testing; and
                                    ``(XI) satisfies any additional 
                                requirements or standards that the 
                                Secretary 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 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.
                            ``(ii) List of covered products.--The 
                        Secretary 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 to 
                enforce compliance with any law.''.

SEC. 3123. 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 nonweatherized gas furnaces and mobile 
                home gas furnaces;
                    (B) numerous stakeholders, representing 
                manufacturers, distributors, and installers of 
                residential nonweatherized 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 nonweatherized 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 nonweatherized 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 nonweatherized gas furnaces and mobile home 
gas furnaces should be amended. Such rule shall contain any such 
amendments to the standards.''.

SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY STAR PRODUCTS.

    Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 
6294a) is amended by adding at the end the following new subsection:
    ``(e) No Warranty.--
            ``(1) In general.--Any disclosure relating to participation 
        of a product in the Energy Star program shall not create an 
        express or implied warranty or give rise to any private claims 
        or rights of action under State or Federal law relating to the 
        disqualification of that product from Energy Star if--
                    ``(A) the product has been certified by a 
                certification body recognized by the Energy Star 
                program;
                    ``(B) the Administrator has approved corrective 
                measures, including a determination of whether or not 
                consumer compensation is appropriate; and
                    ``(C) the responsible party has fully complied with 
                all approved corrective measures.
            ``(2) Construal.--Nothing in this subsection shall be 
        construed to require the Administrator to modify any procedure 
        or take any other action.''.

SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR REGIONAL STANDARDS.

    Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(o)(6)(E)(ii)) is amended by striking ``installed'' and 
inserting ``manufactured or imported into the United States''.

SEC. 3126. INTERNET OF THINGS REPORT.

    The Secretary of Energy shall, not later than 18 months after the 
date of enactment of this Act, report to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate on the efforts made to take 
advantage of, and promote, the utilization of advanced technologies 
such as Internet of Things end-to-end platform solutions to provide 
real-time actionable analytics and enable predictive maintenance and 
asset management to improve energy efficiency wherever feasible. In 
doing so, the Secretary shall look to encourage and utilize Internet of 
Things energy management solutions that have security tightly 
integrated into the hardware and software from the outset. The 
Secretary shall also encourage the use of Internet of Things solutions 
that enable seamless connectivity and that are interoperable, open 
standards-based, and built on a repeatable foundation for ease of 
scalability.

SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy, in cooperation with the Administrator of the 
Environmental Protection Agency and the Director of Management and 
Budget, shall--
            (1) review and update the report prepared pursuant to 
        section 1838 of the Energy Policy Act of 2005;
            (2) after consultation with relevant Federal, State, and 
        local agencies and affected industry and stakeholder groups, 
        update data that was used in preparing that report; and
            (3) prepare and submit to Congress a coordinated Federal 
        strategy to increase the beneficial reuse of used lubricating 
        oil, that--
                    (A) is consistent with national policy as 
                established pursuant to section 2 of the Used Oil 
                Recycling Act of 1980 (Public Law 96-463); and
                    (B) addresses measures needed to--
                            (i) increase the responsible collection of 
                        used oil;
                            (ii) disseminate public information 
                        concerning sustainable reuse options for used 
                        oil; and
                            (iii) promote sustainable reuse of used oil 
                        by Federal agencies, recipients of Federal 
                        grant funds, entities contracting with the 
                        Federal Government, and the general public.

SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY.

    Section 321(36)(A) of the Energy Policy and Conservation Act (42 
U.S.C. 6291(36)(A)) is amended--
            (1) by striking the subparagraph designation and all that 
        follows through ``The term'' and inserting the following:
                    ``(A) External power supply.--
                            ``(i) In general.--The term''; and
            (2) by adding at the end the following:
                            ``(ii) Exclusion.--The term `external power 
                        supply' does not include a power supply 
                        circuit, driver, or device that is designed 
                        exclusively to be connected to, and power--
                                    ``(I) light-emitting diodes 
                                providing illumination; or
                                    ``(II) organic light-emitting 
                                diodes providing illumination.''.

SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CONNECTED TO LEDS OR 
              OLEDS.

    (a) In General.--Section 325(u) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end 
the following:
            ``(6) Power supply circuits connected to leds or oleds.--
        Notwithstanding the exclusion described in section 
        321(36)(A)(ii), the Secretary may prescribe, in accordance with 
        subsections (o) and (p) and section 322(b), an energy 
        conservation standard for a power supply circuit, driver, or 
        device that is designed primarily to be connected to, and 
        power, light-emitting diodes or organic light-emitting diodes 
        providing illumination.''.
    (b) Energy Conservation Standards.--Section 346 of the Energy 
Policy and Conservation Act (42 U.S.C. 6317) is amended by adding at 
the end the following:
    ``(g) Energy Conservation Standard for Power Supply Circuits 
Connected to LEDS or OLEDS.--Not earlier than 1 year after applicable 
testing requirements are prescribed under section 343, the Secretary 
may prescribe an energy conservation standard for a power supply 
circuit, driver, or device that is designed primarily to be connected 
to, and power, light-emitting diodes or organic light-emitting diodes 
providing illumination.''.

                      CHAPTER 3--SCHOOL BUILDINGS

SEC. 3131. 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.''.

                    CHAPTER 4--BUILDING ENERGY CODES

SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

    (a) Definitions.--Section 303 of the Energy Conservation and 
Production Act (42 U.S.C. 6832), as amended by section 3116, is further 
amended--
            (1) by striking paragraph (14) and inserting the following:
            ``(14) Model building energy code.--The term `model 
        building energy code' means a voluntary building energy code or 
        standard developed and updated through a consensus process 
        among interested persons, such as the IECC or ASHRAE Standard 
        90.1 or a code used by other appropriate organizations 
        regarding which the Secretary has issued a determination that 
        buildings subject to it would achieve greater energy efficiency 
        than under a previously developed code.''; and
            (2) by adding at the end the following:
            ``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard 
        90.1' means the American Society of Heating, Refrigerating and 
        Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1 Energy 
        Standard for Buildings Except Low-Rise Residential Buildings.
            ``(19) Cost-effective.--The term `cost-effective' means 
        having a simple payback of 10 years or less.
            ``(20) IECC.--The term `IECC' means the International 
        Energy Conservation Code as published by the International Code 
        Council.
            ``(21) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4103).
            ``(22) Simple payback.--The term `simple payback' means the 
        time in years that is required for energy savings to exceed the 
        incremental first cost of a new requirement or code.
            ``(23) Technically feasible.--The term `technically 
        feasible' means capable of being achieved, based on widely 
        available appliances, equipment, technologies, materials, and 
        construction practices.''.
    (b) State Building Energy Efficiency Codes.--Section 304 of the 
Energy Conservation and Production Act (42 U.S.C. 6833) is amended to 
read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (e), for the purposes of--
            ``(1) implementation of building energy codes by States, 
        Indian tribes, and, as appropriate, by local governments, that 
        are technically feasible and cost-effective; and
            ``(2) supporting full compliance with the State, tribal, 
        and local codes.
    ``(b) State and Indian Tribe Certification of Building Energy Code 
Updates.--
            ``(1) Review and updating of codes by each state and indian 
        tribe.--
                    ``(A) In general.--Not later than 3 years after the 
                date on which a model building energy code is 
                published, each State or Indian tribe shall certify 
                whether or not the State or Indian tribe, respectively, 
                has reviewed and updated the energy provisions of the 
                building code of the State or Indian tribe, 
                respectively.
                    ``(B) Demonstration.--The certification shall 
                include a statement of whether or not the energy 
                savings for the code provisions that are in effect 
                throughout the State or Indian tribal territory meet or 
                exceed--
                            ``(i) the energy savings of the most 
                        recently published model building energy code; 
                        or
                            ``(ii) the targets established under 
                        section 307(b)(2).
                    ``(C) No model building energy code update.--If a 
                model building energy code is not updated by a target 
                date established under section 307(b)(2)(D), each State 
                or Indian tribe shall, not later than 3 years after the 
                specified date, certify whether or not the State or 
                Indian tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of the State 
                or Indian tribe, respectively, to meet or exceed the 
                target in section 307(b)(2).
            ``(2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the code provisions of the 
                State or Indian tribe, respectively, meet the criteria 
                specified in paragraph (1);
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe, respectively, is 
                complete; and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(3) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(c) Improvements in Compliance With Building Energy Codes.--
            ``(1) Requirement.--
                    ``(A) In general.--Not later than 3 years after the 
                date of a certification under subsection (b), each 
                State and Indian tribe shall certify whether or not the 
                State or Indian tribe, respectively, has--
                            ``(i) achieved full compliance under 
                        paragraph (3) with the applicable certified 
                        State or Indian tribe building energy code or 
                        with the associated model building energy code; 
                        or
                            ``(ii) made significant progress under 
                        paragraph (4) toward achieving compliance with 
                        the applicable certified State or Indian tribe 
                        building energy code or with the associated 
                        model building energy code.
                    ``(B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward achieving 
                compliance, the State or Indian tribe shall repeat the 
                certification until the State or Indian tribe certifies 
                that the State or Indian tribe has achieved full 
                compliance.
            ``(2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate of 
        compliance based on--
                    ``(A) inspections of a random sample of the 
                buildings covered by the code in the preceding year; or
                    ``(B) an alternative method that yields an accurate 
                measure of compliance.
            ``(3) Achievement of compliance.--A State or Indian tribe 
        shall be considered to achieve full compliance under paragraph 
        (1) if--
                    ``(A) at least 90 percent of building space covered 
                by the code in the preceding year substantially meets 
                all the requirements of the applicable code specified 
                in paragraph (1), or achieves equivalent or greater 
                energy savings level; or
                    ``(B) the estimated excess energy use of buildings 
                that did not meet the applicable code specified in 
                paragraph (1) in the preceding year, compared to a 
                baseline of comparable buildings that meet this code, 
                is not more than 5 percent of the estimated energy use 
                of all buildings covered by this code during the 
                preceding year.
            ``(4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be considered to 
        have made significant progress toward achieving compliance for 
        purposes of paragraph (1) if the State or Indian tribe--
                    ``(A) has developed and is implementing a plan for 
                achieving compliance during the 8-year period beginning 
                on the date of enactment of this paragraph, including 
                annual targets for compliance and active training and 
                enforcement programs; and
                    ``(B) has met the most recent target under 
                subparagraph (A).
            ``(5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under paragraph 
        (1), the Secretary shall--
                    ``(A) determine whether the State or Indian tribe 
                has demonstrated meeting the criteria of this 
                subsection, including accurate measurement of 
                compliance;
                    ``(B) determine whether the certification submitted 
                by the State or Indian tribe is complete; and
                    ``(C) if the requirements of subparagraph (B) are 
                satisfied, validate the certification.
            ``(6) Limitation.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
    ``(d) States or Indian Tribes That Do Not Achieve Compliance.--
            ``(1) Reporting.--A State or Indian tribe that has not made 
        a certification required under subsection (b) or (c) by the 
        applicable deadline shall submit to the Secretary a report on 
        the status of the State or Indian tribe with respect to meeting 
        the requirements and submitting the certification.
            ``(2) State sovereignty.--Nothing in this section shall be 
        interpreted to require a State or Indian tribe to adopt any 
        building code or provision within a code.
            ``(3) Local government.--In any State or Indian tribe for 
        which the Secretary has not validated a certification under 
        subsection (b) or (c), a local government may be eligible for 
        Federal support by meeting the certification requirements of 
        subsections (b) and (c).
            ``(4) Annual reports by secretary.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                            ``(i) the status of model building energy 
                        codes;
                            ``(ii) the status of code adoption and 
                        compliance in the States and Indian tribes;
                            ``(iii) implementation of this section; and
                            ``(iv) improvements in energy savings over 
                        time as a result of the targets established 
                        under section 307(b)(2).
                    ``(B) Impacts.--The report shall include estimates 
                of impacts of past action under this section, and 
                potential impacts of further action, on--
                            ``(i) upfront financial and construction 
                        costs, cost benefits and returns (using a 
                        return on investment analysis), and lifetime 
                        energy use for buildings;
                            ``(ii) resulting energy costs to 
                        individuals and businesses; and
                            ``(iii) resulting overall annual building 
                        ownership and operating costs.
    ``(e) Technical Assistance to States and Indian Tribes.--
            ``(1) In general.--The Secretary shall, upon request, 
        provide technical assistance to States and Indian tribes to 
        implement the goals and requirements of this section--
                    ``(A) to implement State residential and commercial 
                building energy codes; and
                    ``(B) to document the rate of compliance with a 
                building energy code.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the State or Indian tribe, technical assistance 
        in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, 
                referenced in section 307(b)(4), of implementing 
                building energy codes;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing the definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes; and
                    ``(G) complying with a performance-based pathway 
                referenced in the model code.
            ``(3) Exclusion.--For purposes of this section, `technical 
        assistance' shall not include actions that promote or 
        discourage the adoption of a particular building energy code, 
        code provision, or energy savings target to a State or Indian 
        tribe.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to any technical assistance provided to a State or 
        Indian tribe, is `influential information' and shall satisfy 
        the guidelines established by the Office of Management and 
        Budget and published at 67 Federal Register 8,452 (February 22, 
        2002).
    ``(f) Federal Support.--
            ``(1) In general.--The Secretary shall provide support to 
        States and Indian tribes--
                    ``(A) to implement the reporting requirements of 
                this section; and
                    ``(B) to implement residential and commercial 
                building energy codes, including increasing and 
                verifying compliance with the codes and training of 
                State, tribal, and local building code officials to 
                implement and enforce the codes.
            ``(2) Exclusion.--Support shall not be given to support 
        adoption and implementation of model building energy codes for 
        which the Secretary has made a determination under section 
        307(g)(1)(C) that the code is not cost-effective.
            ``(3) Training.--Support shall be offered to States to 
        train State and local building code officials to implement and 
        enforce codes described in paragraph (1)(B).
            ``(4) Local governments.--States may work under this 
        subsection with local governments that implement and enforce 
        codes described in paragraph (1)(B).
    ``(g) Voluntary Programs To Exceed Model Building Energy Code.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, as described in subsection (e), for the development 
        of voluntary programs that exceed the model building energy 
        codes for residential and commercial buildings for use as--
                    ``(A) voluntary incentive programs adopted by 
                local, tribal, or State governments; and
                    ``(B) nonbinding guidelines for energy-efficient 
                building design.
            ``(2) Targets.--The voluntary programs described in 
        paragraph (1) shall be designed--
                    ``(A) to achieve substantial energy savings 
                compared to the model building energy codes; and
                    ``(B) to meet targets under section 307(b), if 
                available, up to 3 to 6 years in advance of the target 
                years.
    ``(h) Studies.--
            ``(1) GAO study.--
                    ``(A) In general.--The Comptroller General of the 
                United States shall conduct a study of the impacts of 
                updating the national model building energy codes for 
                residential and commercial buildings. In conducting the 
                study, the Comptroller General shall consider and 
                report, at a minimum--
                            ``(i) the actual energy consumption savings 
                        stemming from updated energy codes compared to 
                        the energy consumption savings predicted during 
                        code development;
                            ``(ii) the actual consumer cost savings 
                        stemming from updated energy codes compared to 
                        predicted consumer cost savings; and
                            ``(iii) an accounting of expenditures of 
                        the Federal funds under each program authorized 
                        by this title.
                    ``(B) Report to congress.--Not later than 3 years 
                after the date of enactment of the North American 
                Energy Security and Infrastructure Act of 2015, the 
                Comptroller General of the United States shall submit a 
                report to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Energy and Commerce 
                of the House of Representatives including the study 
                findings and conclusions.
            ``(2) Feasibility study.--The Secretary, in consultation 
        with building science experts from the National Laboratories 
        and institutions of higher education, designers and builders of 
        energy-efficient residential and commercial buildings, code 
        officials, and other stakeholders, shall undertake a study of 
        the feasibility, impact, economics, and merit of--
                    ``(A) code improvements that would require that 
                buildings be designed, sited, and constructed in a 
                manner that makes the buildings more adaptable in the 
                future to become zero-net-energy after initial 
                construction, as advances are achieved in energy-saving 
                technologies;
                    ``(B) code procedures to incorporate a ten-year 
                payback, not just first-year energy use, in trade-offs 
                and performance calculations; and
                    ``(C) legislative options for increasing energy 
                savings from building energy codes, including 
                additional incentives for effective State and local 
                verification of compliance with and enforcement of a 
                code.
            ``(3) Energy data in multitenant buildings.--The Secretary, 
        in consultation with appropriate representatives of the 
        utility, utility regulatory, building ownership, and other 
        stakeholders, shall--
                    ``(A) undertake a study of best practices regarding 
                delivery of aggregated energy consumption information 
                to owners and managers of residential and commercial 
                buildings with multiple tenants and uses; and
                    ``(B) consider the development of a memorandum of 
                understanding between and among affected stakeholders 
                to reduce barriers to the delivery of aggregated energy 
                consumption information to such owners and managers.
    ``(i) Effect on Other Laws.--Nothing in this section or section 307 
supersedes or modifies the application of sections 321 through 346 of 
the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.).
    ``(j) Funding Limitations.--No Federal funds shall be--
            ``(1) used to support actions by the Secretary, or States, 
        to promote or discourage the adoption of a particular building 
        energy code, code provision, or energy saving target to a State 
        or Indian tribe; or
            ``(2) provided to private third parties or non-governmental 
        organizations to engage in such activities.''.
    (c) Federal Building Energy Efficiency Standards.--Section 305 of 
the Energy Conservation and Production Act (42 U.S.C. 6834) is amended 
by striking ``voluntary building energy code'' in subsections (a)(2)(B) 
and (b) and inserting ``model building energy code''.
    (d) Model Building Energy Codes.--
            (1) Amendment.--Section 307 of the Energy Conservation and 
        Production Act (42 U.S.C. 6836) is amended to read as follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

    ``(a) In General.--The Secretary shall provide technical 
assistance, as described in subsection (c), for updating of model 
building energy codes.
    ``(b) Targets.--
            ``(1) In general.--The Secretary shall provide technical 
        assistance, for updating the model building energy codes.
            ``(2) Targets.--
                    ``(A) In general.--The Secretary shall provide 
                technical assistance to States, Indian tribes, local 
                governments, nationally recognized code and standards 
                developers, and other interested parties for updating 
                of model building energy codes by establishing one or 
                more aggregate energy savings targets through 
                rulemaking in accordance with section 553 of title 5, 
                United States Code, to achieve the purposes of this 
                section.
                    ``(B) Separate targets.--Separate targets may be 
                established for commercial and residential buildings.
                    ``(C) Baselines.--The baseline for updating model 
                building energy codes shall be the 2009 IECC for 
                residential buildings and ASHRAE Standard 90.1-2010 for 
                commercial buildings.
                    ``(D) Specific years.--
                            ``(i) In general.--Targets for specific 
                        years shall be established and revised by the 
                        Secretary through rulemaking in accordance with 
                        section 553 of title 5, United States Code, and 
                        coordinated with nationally recognized code and 
                        standards developers at a level that--
                                    ``(I) is at the maximum level of 
                                energy efficiency that is technically 
                                feasible and cost effective, while 
                                accounting for the economic 
                                considerations under paragraph (4); and
                                    ``(II) promotes the achievement of 
                                commercial and residential high 
                                performance buildings through high 
                                performance energy efficiency (within 
                                the meaning of section 401 of the 
                                Energy Independence and Security Act of 
                                2007 (42 U.S.C. 17061)).
                            ``(ii) Initial targets.--Not later than 1 
                        year after the date of enactment of this 
                        clause, the Secretary shall establish initial 
                        targets under this subparagraph.
                            ``(iii) Different target years.--Subject to 
                        clause (i), prior to the applicable year, the 
                        Secretary may set a later target year for any 
                        of the model building energy codes described in 
                        subparagraph (A) if the Secretary determines 
                        that a target cannot be met.
                    ``(E) Small business.--When establishing targets 
                under this paragraph through rulemaking, the Secretary 
                shall ensure compliance with the Small Business 
                Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
                601 note; Public Law 104-121) for any indirect economic 
                effect on small entities that is reasonably foreseeable 
                and a result of such rule.
            ``(3) Appliance standards and other factors affecting 
        building energy use.--In establishing energy savings targets 
        under paragraph (2), the Secretary shall develop and adjust the 
        targets in recognition of potential savings and costs relating 
        to--
                    ``(A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building envelope 
                sealing;
                    ``(B) advancement of distributed generation and on-
                site renewable power generation technologies;
                    ``(C) equipment improvements for heating, cooling, 
                and ventilation systems and water heating systems;
                    ``(D) building management systems and smart grid 
                technologies to reduce energy use; and
                    ``(E) other technologies, practices, and building 
                systems regarding building plug load and other energy 
                uses.
        In developing and adjusting the targets, the Secretary shall 
        use climate zone weighted averages for equipment efficiency for 
        heating, cooling, ventilation, and water heating systems, using 
        equipment that is actually installed.
            ``(4) Economic considerations.--In establishing and 
        revising energy savings targets under paragraph (2), the 
        Secretary shall consider the economic feasibility of achieving 
        the proposed targets established under this section and the 
        potential costs and savings for consumers and building owners, 
        by conducting a return on investment analysis, using a simple 
        payback methodology over a 3-, 5-, and 7-year period. The 
        Secretary shall not propose or provide technical or financial 
        assistance for any code, provision in the code, or energy 
        target, or amendment thereto, that has a payback greater than 
        10 years.
    ``(c) Technical Assistance to Model Building Energy Code-Setting 
and Standard Development Organizations.--
            ``(1) In general.--The Secretary shall, on a timely basis, 
        provide technical assistance to model building energy code-
        setting and standard development organizations consistent with 
        the goals of this section.
            ``(2) Technical assistance.--The assistance shall include, 
        as requested by the organizations, technical assistance in--
                    ``(A) evaluating the energy savings of building 
                energy codes;
                    ``(B) assessing the economic considerations, under 
                subsection (b)(4), of code or standards proposals or 
                revisions;
                    ``(C) building energy analysis and design tools;
                    ``(D) energy simulation models;
                    ``(E) building demonstrations;
                    ``(F) developing definitions of energy use 
                intensity and building types for use in model building 
                energy codes to evaluate the efficiency impacts of the 
                model building energy codes;
                    ``(G) developing a performance-based pathway for 
                compliance;
                    ``(H) developing model building energy codes by 
                Indian tribes in accordance with tribal law; and
                    ``(I) code development meetings, including through 
                direct Federal employee participation in committee 
                meetings, hearings and online communication, voting, 
                and presenting research and technical or economic 
                analyses during such meetings.
            ``(3) Exclusion.--Except as provided in paragraph (2)(I), 
        for purposes of this section, `technical assistance' shall not 
        include actions that promote or discourage the adoption of a 
        particular building energy code, code provision, or energy 
        savings target.
            ``(4) Information quality and transparency.--For purposes 
        of this section, information provided by the Secretary, 
        attendant to development of any energy savings targets, is 
        influential information and shall satisfy the guidelines 
        established by the Office of Management and Budget and 
        published at 67 Federal Register 8,452 (February 22, 2002).
    ``(d) Amendment Proposals.--
            ``(1) In general.--The Secretary may submit timely model 
        building energy code amendment proposals that are technically 
        feasible, cost-effective, and technology-neutral to the model 
        building energy code-setting and standard development 
        organizations, with supporting evidence, sufficient to enable 
        the model building energy codes to meet the targets established 
        under subsection (b)(2).
            ``(2) Process and factors.--All amendment proposals 
        submitted by the Secretary shall be published in the Federal 
        Register and made available on the Department of Energy website 
        90 days prior to any submittal to a code development body, and 
        shall be subject to a public comment period of not less than 60 
        days. Information provided by the Secretary, attendant to 
        submission of any amendment proposals, is influential 
        information and shall satisfy the guidelines established by the 
        Office of Management and Budget and published at 67 Federal 
        Register 8,452 (February 22, 2002). When calculating the costs 
        and benefits of an amendment, the Secretary shall use climate 
        zone weighted averages for equipment efficiency for heating, 
        cooling, ventilation, and water heating systems, using 
        equipment that is actually installed.
    ``(e) Analysis Methodology.--The Secretary shall make publicly 
available the entire calculation methodology (including input 
assumptions and data) used by the Secretary to estimate the energy 
savings of code or standard proposals and revisions.
    ``(f) Methodology Development.--The Secretary shall establish a 
methodology for evaluating cost effectiveness of energy code changes in 
multifamily buildings that incorporates economic parameters 
representative of typical multifamily buildings.
    ``(g) Determination.--
            ``(1) Revision of model building energy codes.--If the 
        provisions of the IECC or ASHRAE Standard 90.1 regarding 
        building energy use are revised, the Secretary shall make a 
        preliminary determination not later than 90 days after the date 
        of the revision, and a final determination not later than 15 
        months after the date of the revision, on whether or not the 
        revision--
                    ``(A) improves energy efficiency in buildings 
                compared to the existing IECC or ASHRAE Standard 90.1, 
                as applicable;
                    ``(B) meets the applicable targets under subsection 
                (b)(2); and
                    ``(C) is technically feasible and cost-effective.
            ``(2) Codes or standards not meeting criteria.--
                    ``(A) In general.--If the Secretary makes a 
                preliminary determination under paragraph (1)(B) that a 
                revised IECC or ASHRAE Standard 90.1 does not meet the 
                targets established under subsection (b)(2), is not 
                technically feasible, or is not cost-effective, the 
                Secretary may at the same time provide technical 
                assistance, as described in subsection (c), to the 
                International Code Council or ASHRAE, as applicable, 
                with proposed changes that would result in a model 
                building energy code or standard that meets the 
                criteria, and with supporting evidence. Proposed 
                changes submitted by the Secretary shall be published 
                in the Federal Register and made available on the 
                Department of Energy website 90 days prior to any 
                submittal to a code development body, and shall be 
                subject to a public comment period of not less than 60 
                days. Information provided by the Secretary, attendant 
                to submission of any amendment proposals, is 
                influential information and shall satisfy the 
                guidelines established by the Office of Management and 
                Budget and published at 67 Federal Register 8,452 
                (February 22, 2002).
                    ``(B) Incorporation of changes.--
                            ``(i) In general.--On receipt of the 
                        technical assistance, as described in 
                        subsection (c), the International Code Council 
                        or ASHRAE, as applicable, shall, prior to the 
                        Secretary making a final determination under 
                        paragraph (1), have an additional 270 days to 
                        accept or reject the proposed changes made by 
                        the Secretary to the model building energy code 
                        or standard.
                            ``(ii) Final determination.--A final 
                        determination under paragraph (1) shall be on 
                        the final revised model building energy code or 
                        standard.
    ``(h) Administration.--In carrying out this section, the Secretary 
shall--
            ``(1) publish notice of targets, amendment proposals and 
        supporting analysis and determinations under this section in 
        the Federal Register to provide an explanation of and the basis 
        for such actions, including any supporting modeling, data, 
        assumptions, protocols, and cost-benefit analysis, including 
        return on investment;
            ``(2) provide an opportunity for public comment on targets 
        and supporting analysis and determinations under this section, 
        in accordance with section 553 of title 5, United States Code; 
        and
            ``(3) provide an opportunity for public comment on 
        amendment proposals.
    ``(i) Voluntary Codes and Standards.--Not withstanding any other 
provision of this section, any model building code or standard 
established under this section shall not be binding on a State, local 
government, or Indian tribe as a matter of Federal law.''.
            (2) Conforming amendment.--The item relating to section 307 
        in the table of contents for the Energy Conservation and 
        Production Act is amended to read as follows:

``Sec. 307. Support for model building energy codes.''.

SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.

    (a) In General.--Any program of the Secretary of Energy that may 
enable the owner of a commercial building or a residential building to 
obtain a rating, score, or label regarding the actual or anticipated 
energy usage or performance of a building shall be made available on a 
voluntary, optional, and market-driven basis.
    (b) Disclaimer as to Regulatory Intent.--Information disseminated 
by the Secretary of Energy regarding the program described in 
subsection (a), including any information made available by the 
Secretary on a website, shall include language plainly stating that 
such program is not developed or intended to be the basis for a 
regulatory program by a Federal, State, local, or municipal government 
body.

        CHAPTER 5--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS

SEC. 3151. MODIFYING PRODUCT DEFINITIONS.

    (a) Authority To Modify Definitions.--
            (1) Covered products.--Section 322 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6292) is amended by adding at the 
        end the following:
    ``(c) Modifying Definitions of Covered Products.--
            ``(1) In general.--For any covered product for which a 
        definition is provided in section 321, the Secretary may, by 
        rule, unless prohibited herein, modify such definition in order 
        to--
                    ``(A) address significant changes in the product or 
                the market occurring since the definition was 
                established; and
                    ``(B) better enable improvements in the energy 
                efficiency of the product as part of an energy using 
                system.
            ``(2) Antibacksliding exemption.--Section 325(o)(1) shall 
        not apply to adjustments to covered product definitions made 
        pursuant to this subsection.
            ``(3) Procedure for modifying definition.--
                    ``(A) In general.--Notice of any adjustment to the 
                definition of a covered product and an explanation of 
                the reasons therefor shall be published in the Federal 
                Register and opportunity provided for public comment.
                    ``(B) Consensus required.--Any amendment to the 
                definition of a covered product under this subsection 
                must have consensus support, as reflected in--
                            ``(i) the outcome of negotiations conducted 
                        in accordance with the subchapter III of 
                        chapter 5 of title 5, United States Code 
                        (commonly known as the `Negotiated Rulemaking 
                        Act of 1990'); or
                            ``(ii) the Secretary's receipt of a 
                        statement that is submitted jointly by 
                        interested persons that are fairly 
                        representative of relevant points of view 
                        (including representatives of manufacturers of 
                        covered products, States, and efficiency 
                        advocates), as determined by the Secretary, 
                        which contains a recommended modified 
                        definition for a covered product.
            ``(4) Effect of a modified definition.--
                    ``(A) In general.--For any type or class of 
                consumer product which becomes a covered product 
                pursuant to this subsection--
                            ``(i) the Secretary may establish test 
                        procedures for such type or class of covered 
                        product pursuant to section 323 and energy 
                        conservation standards pursuant to section 
                        325(l);
                            ``(ii) the Commission may prescribe 
                        labeling rules pursuant to section 324 if the 
                        Commission determines that labeling in 
                        accordance with that section is technologically 
                        and economically feasible and likely to assist 
                        consumers in making purchasing decisions;
                            ``(iii) section 327 shall begin to apply to 
                        such type or class of covered product in 
                        accordance with section 325(ii)(1); and
                            ``(iv) standards previously promulgated 
                        under section 325 shall not apply to such type 
                        or class of product.
                    ``(B) Applicability.--For any type or class of 
                consumer product which ceases to be a covered product 
                pursuant to this subsection, the provisions of this 
                part shall no longer apply to the type or class of 
                consumer product.''.
            (2) Covered equipment.--Section 341 of the Energy Policy 
        and Conservation Act (42 U.S.C. 6312) is amended by adding at 
        the end the following:
    ``(d) Modifying Definitions of Covered Equipment.--
            ``(1) In general.--For any covered equipment for which a 
        definition is provided in section 340, the Secretary may, by 
        rule, unless prohibited herein, modify such definition in order 
        to--
                    ``(A) address significant changes in the product or 
                the market occurring since the definition was 
                established; and
                    ``(B) better enable improvements in the energy 
                efficiency of the equipment as part of an energy using 
                system.
            ``(2) Antibacksliding exemption.--Section 325(o)(1) shall 
        not apply to adjustments to covered equipment definitions made 
        pursuant to this subsection.
            ``(3) Procedure for modifying definition.--
                    ``(A) In general.--Notice of any adjustment to the 
                definition of a type of covered equipment and an 
                explanation of the reasons therefor shall be published 
                in the Federal Register and opportunity provided for 
                public comment.
                    ``(B) Consensus required.--Any amendment to the 
                definition of a type of covered equipment under this 
                subsection must have consensus support, as reflected 
                in--
                            ``(i) the outcome of negotiations conducted 
                        in accordance with the subchapter III of 
                        chapter 5 of title 5, United States Code 
                        (commonly known as the `Negotiated Rulemaking 
                        Act of 1990'); or
                            ``(ii) the Secretary's receipt of a 
                        statement that is submitted jointly by 
                        interested persons that are fairly 
                        representative of relevant points of view 
                        (including representatives of manufacturers of 
                        covered equipment, States, and efficiency 
                        advocates), as determined by the Secretary, 
                        which contains a recommended modified 
                        definition for a type of covered equipment.
            ``(4) Effect of a modified definition.--
                    ``(A) For any type or class of equipment which 
                becomes covered equipment pursuant to this subsection--
                            ``(i) the Secretary may establish test 
                        procedures for such type or class of covered 
                        equipment pursuant to section 343 and energy 
                        conservation standards pursuant to section 
                        325(l);
                            ``(ii) the Secretary may prescribe labeling 
                        rules pursuant to section 344 if the Secretary 
                        determines that labeling in accordance with 
                        that section is technologically and 
                        economically feasible and likely to assist 
                        purchasers in making purchasing decisions;
                            ``(iii) section 327 shall begin to apply to 
                        such type or class of covered equipment in 
                        accordance with section 325(ii)(1); and
                            ``(iv) standards previously promulgated 
                        under section 325, 342, or 346 shall not apply 
                        to such type or class of covered equipment.
                    ``(B) For any type or class of equipment which 
                ceases to be covered equipment pursuant to this 
                subsection the provisions of this part shall no longer 
                apply to the type or class of equipment.''.
    (b) Conforming Amendments Providing for Judicial Review.--
            (1) Section 336 of the Energy Policy and Conservation Act 
        (42 U.S.C. 6306) is amended by striking ``section 323,'' each 
        place it appears and inserting ``section 322, 323,''; and
            (2) Section 345(a)(1) of the Energy Policy and Conservation 
        Act (42 U.S.C. 6316(a)(1)) is amended to read as follows:
            ``(1) the references to sections 322, 323, 324, and 325 of 
        this Act shall be considered as references to sections 341, 
        343, 344, and 342 of this Act, respectively;''.

SEC. 3152. CLARIFYING RULEMAKING PROCEDURES.

    (a) Covered Products.--Section 325(p) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(p)) is amended--
            (1) by redesignating paragraphs (1), (2), (3), and (4) as 
        paragraphs (2), (3), (5), and (6), respectively;
            (2) by inserting before paragraph (2) (as so redesignated 
        by paragraph (1) of this subsection) the following:
            ``(1) The Secretary shall provide an opportunity for public 
        input prior to the issuance of a proposed rule, seeking 
        information--
                    ``(A) identifying and commenting on design options;
                    ``(B) on the existence of and opportunities for 
                voluntary nonregulatory actions; and
                    ``(C) identifying significant subgroups of 
                consumers and manufacturers that merit analysis.'';
            (3) in paragraph (3) (as so redesignated by paragraph (1) 
        of this subsection)--
                    (A) in subparagraph (C), by striking ``and'' after 
                ``adequate;'';
                    (B) in subparagraph (D), by striking ``standard.'' 
                and inserting ``standard;''; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(E) whether the technical and economic analytical 
                assumptions, methods, and models used to justify the 
                standard to be prescribed are--
                            ``(i) justified; and
                            ``(ii) available and accessible for public 
                        review, analysis, and use; and
                    ``(F) the cumulative regulatory impacts on the 
                manufacturers of the product, taking into account--
                            ``(i) other government standards affecting 
                        energy use; and
                            ``(ii) other energy conservation standards 
                        affecting the same manufacturers.''; and
            (4) by inserting after paragraph (3) (as so redesignated by 
        paragraph (1) of this subsection) the following:
            ``(4) Restriction on test procedure amendments.--
                    ``(A) In general.--Any proposed energy conservation 
                standards rule shall be based on the final test 
                procedure which shall be used to determine compliance, 
                and the public comment period on the proposed standards 
                shall conclude no sooner than 180 days after the date 
                of publication of a final rule revising the test 
                procedure.
                    ``(B) Exception.--The Secretary may propose or 
                prescribe an amendment to the test procedures issued 
                pursuant to section 323 for any type or class of 
                covered product after the issuance of a notice of 
                proposed rulemaking to prescribe an amended or new 
                energy conservation standard for that type or class of 
                covered product, but before the issuance of a final 
                rule prescribing any such standard, if--
                            ``(i) the amendments to the test procedure 
                        have consensus support achieved through a 
                        rulemaking conducted in accordance with the 
                        subchapter III of chapter 5 of title 5, United 
                        States Code (commonly known as the `Negotiated 
                        Rulemaking Act of 1990'); or
                            ``(ii) the Secretary receives a statement 
                        that is submitted jointly by interested persons 
                        that are fairly representative of relevant 
                        points of view (including representatives of 
                        manufacturers of the type or class of covered 
                        product, States, and efficiency advocates), as 
                        determined by the Secretary, which contains a 
                        recommendation that a supplemental notice of 
                        proposed rulemaking is not necessary for the 
                        type or class of covered product.''.
    (b) Conforming Amendment.--Section 345(b)(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6316(b)(1)) is amended by striking 
``section 325(p)(4),'' and inserting ``section 325(p)(3), (4), and 
(6),''.

                 CHAPTER 6--ENERGY AND WATER EFFICIENCY

SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a utility;
                    (B) a municipality;
                    (C) a water district; and
                    (D) any other authority that provides water, 
                wastewater, or water reuse services.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) Smart energy and water efficiency pilot program.--The 
        term ``smart energy and water efficiency pilot program'' or 
        ``pilot program'' means the pilot program established under 
        subsection (b).
    (b) Smart Energy and Water Efficiency Pilot Program.--
            (1) In general.--The Secretary shall establish and carry 
        out a smart energy and water efficiency management pilot 
        program in accordance with this section.
            (2) Purpose.--The purpose of the smart energy and water 
        efficiency pilot program is to award grants to eligible 
        entities to demonstrate advanced and innovative technology-
        based solutions that will--
                    (A) increase and improve the energy efficiency of 
                water, wastewater, and water reuse systems to help 
                communities across the United States make significant 
                progress in conserving water, saving energy, and 
                reducing costs;
                    (B) support the implementation of innovative 
                processes and the installation of advanced automated 
                systems that provide real-time data on energy and 
                water; and
                    (C) improve energy and water conservation, water 
                quality, and predictive maintenance of energy and water 
                systems, through the use of Internet-connected 
                technologies, including sensors, intelligent gateways, 
                and security embedded in hardware.
            (3) Project selection.--
                    (A) In general.--The Secretary shall make 
                competitive, merit-reviewed grants under the pilot 
                program to not less than 3, but not more than 5, 
                eligible entities.
                    (B) Selection criteria.--In selecting an eligible 
                entity to receive a grant under the pilot program, the 
                Secretary shall consider--
                            (i) energy and cost savings anticipated to 
                        result from the project;
                            (ii) the innovative nature, commercial 
                        viability, and reliability of the technology to 
                        be used;
                            (iii) the degree to which the project 
                        integrates next-generation sensors, software, 
                        hardware, analytics, and management tools;
                            (iv) the anticipated cost effectiveness of 
                        the pilot project in terms of energy efficiency 
                        savings, water savings or reuse, and 
                        infrastructure costs averted;
                            (v) whether the technology can be deployed 
                        in a variety of geographic regions and the 
                        degree to which the technology can be 
                        implemented on a smaller or larger scale, 
                        including whether the technology can be 
                        implemented by each type of eligible entity;
                            (vi) whether the technology has been 
                        successfully deployed elsewhere;
                            (vii) whether the technology is sourced 
                        from a manufacturer based in the United States; 
                        and
                            (viii) whether the project will be 
                        completed in 5 years or less.
                    (C) Applications.--
                            (i) In general.--Subject to clause (ii), an 
                        eligible entity seeking a grant under the pilot 
                        program shall submit to the Secretary an 
                        application at such time, in such manner, and 
                        containing such information as the Secretary 
                        determines to be necessary.
                            (ii) Contents.--An application under clause 
                        (i) shall, at a minimum, include--
                                    (I) a description of the project;
                                    (II) a description of the 
                                technology to be used in the project;
                                    (III) the anticipated results, 
                                including energy and water savings, of 
                                the project;
                                    (IV) a comprehensive budget for the 
                                project;
                                    (V) the names of the project lead 
                                organization and any partners;
                                    (VI) the number of users to be 
                                served by the project; and
                                    (VII) any other information that 
                                the Secretary determines to be 
                                necessary to complete the review and 
                                selection of a grant recipient.
            (4) Administration.--
                    (A) In general.--Not later than 300 days after the 
                date of enactment of this Act, the Secretary shall 
                select grant recipients under this section.
                    (B) Evaluations.--The Secretary shall annually 
                carry out an evaluation of each project for which a 
                grant is provided under this section that--
                            (i) evaluates the progress and impact of 
                        the project; and
                            (ii) assesses the degree to which the 
                        project is meeting the goals of the pilot 
                        program.
                    (C) Technical and policy assistance.--On the 
                request of a grant recipient, the Secretary shall 
                provide technical and policy assistance to the grant 
                recipient to carry out the project.
                    (D) Best practices.--The Secretary shall make 
                available to the public--
                            (i) a copy of each evaluation carried out 
                        under subparagraph (B); and
                            (ii) a description of any best practices 
                        identified by the Secretary as a result of 
                        those evaluations.
                    (E) Report to congress.--The Secretary shall submit 
                to Congress a report containing the results of each 
                evaluation carried out under subparagraph (B).
    (c) Funding.--To carry out this section, the Secretary is 
authorized to use not more than $15,000,000, to the extent provided in 
advance in appropriation Acts.

SEC. 3162. WATERSENSE.

    (a) In General.--The Energy Policy and Conservation Act (42 U.S.C. 
6201 et seq.) is amended by adding after section 324A the following:

``SEC. 324B. WATERSENSE.

    ``(a) WaterSense.--
            ``(1) In general.--There is established within the 
        Environmental Protection Agency a voluntary program, to be 
        entitled `WaterSense', to identify water efficient products, 
        buildings, landscapes, facilities, processes, and services that 
        sensibly--
                    ``(A) reduce water use;
                    ``(B) reduce the strain on public and community 
                water systems and wastewater and stormwater 
                infrastructure;
                    ``(C) conserve energy used to pump, heat, 
                transport, and treat water; and
                    ``(D) preserve water resources for future 
                generations, through voluntary labeling of, or other 
                forms of communications about, products, buildings, 
                landscapes, facilities, processes, and services while 
                still meeting strict performance criteria.
            ``(2) Duties.--The Administrator, coordinating as 
        appropriate with the Secretary of Energy, shall--
                    ``(A) establish--
                            ``(i) a WaterSense label to be used for 
                        items meeting the certification criteria 
                        established in this section; and
                            ``(ii) the procedure, including the methods 
                        and means, by which an item may be certified to 
                        display the WaterSense label;
                    ``(B) conduct a public awareness education campaign 
                regarding the WaterSense label;
                    ``(C) preserve the integrity of the WaterSense 
                label by--
                            ``(i) establishing and maintaining feasible 
                        performance criteria so that products, 
                        buildings, landscapes, facilities, processes, 
                        and services labeled with the WaterSense label 
                        perform as well or better than less water-
                        efficient counterparts;
                            ``(ii) overseeing WaterSense certifications 
                        made by third parties;
                            ``(iii) using testing protocols, from the 
                        appropriate, applicable, and relevant consensus 
                        standards, for the purpose of determining 
                        standards compliance; and
                            ``(iv) auditing the use of the WaterSense 
                        label in the marketplace and preventing cases 
                        of misuse; and
                    ``(D) not more often than every six years, review 
                and, if appropriate, update WaterSense criteria for the 
                defined categories of water-efficient product, 
                building, landscape, process, or service, including--
                            ``(i) providing reasonable notice to 
                        interested parties and the public of any such 
                        changes, including effective dates, and an 
                        explanation of the changes;
                            ``(ii) soliciting comments from interested 
                        parties and the public prior to any such 
                        changes;
                            ``(iii) as appropriate, responding to 
                        comments submitted by interested parties and 
                        the public; and
                            ``(iv) providing an appropriate transition 
                        time prior to the applicable effective date of 
                        any such changes, taking into account the 
                        timing necessary for the manufacture, 
                        marketing, training, and distribution of the 
                        specific water-efficient product, building, 
                        landscape, process, or service category being 
                        addressed.
    ``(b) Use of Science.--In carrying out this section, and, to the 
degree that an agency action is based on science, the Administrator 
shall use--
            ``(1) the best available peer-reviewed science and 
        supporting studies conducted in accordance with sound and 
        objective scientific practices; and
            ``(2) data collected by accepted methods or best available 
        methods (if the reliability of the method and the nature of the 
        decision justify use of the data).
    ``(c) Distinction of Authorities.--In setting or maintaining 
standards for Energy Star pursuant to section 324A, and WaterSense 
under this section, the Secretary and Administrator shall coordinate to 
prevent duplicative or conflicting requirements among the respective 
programs.
    ``(d) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Feasible.--The term `feasible' means feasible with 
        the use of the best technology, treatment techniques, and other 
        means that the Administrator finds, after examination for 
        efficacy under field conditions and not solely under laboratory 
        conditions, are available (taking cost into consideration).
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Energy.
            ``(4) Water-efficient product, building, landscape, 
        process, or service.--The term `water-efficient product, 
        building, landscape, process, or service' means a product, 
        building, landscape, process, or service for a residence or a 
        commercial or institutional building, or its landscape, that is 
        rated for water efficiency and performance, the covered 
        categories of which are--
                    ``(A) irrigation technologies and services;
                    ``(B) point-of-use water treatment devices;
                    ``(C) plumbing products;
                    ``(D) reuse and recycling technologies;
                    ``(E) landscaping and gardening products, including 
                moisture control or water enhancing technologies;
                    ``(F) xeriscaping and other landscape conversions 
                that reduce water use; and
                    ``(G) new water efficient homes certified under the 
                WaterSense program.''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (Public Law 94-163; 42 U.S.C. 6201 et seq.) 
is amended by inserting after the item relating to section 324A the 
following new item:

``Sec. 324B. WaterSense.''.

                       Subtitle B--Accountability

      CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

SEC. 3211. 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. 3221. 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 nonvoting 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).

SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

    Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C. 
824b(a)(1)(B)) is amended by striking ``such facilities or any part 
thereof'' and inserting ``such facilities, or any part thereof, of a 
value in excess of $10,000,000''.

                      CHAPTER 3--CODE MAINTENANCE

SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.

    (a) Repeal.--Part I of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6373) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy and Conservation Act (Public Law 94-163; 89 Stat. 871) is 
amended--
            (1) by striking the item relating to part I of title III; 
        and
            (2) by striking the item relating to section 385.

SEC. 3232. REPEAL OF METHANOL STUDY.

    Section 400EE of the Energy Policy and Conservation Act (42 U.S.C. 
6374d) is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.

SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS STUDY.

    (a) Repeal.--Section 253 of the National Energy Conservation Policy 
Act (42 U.S.C. 8232) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 253.

SEC. 3234. REPEAL OF WEATHERIZATION STUDY.

    (a) Repeal.--Section 254 of the National Energy Conservation Policy 
Act (42 U.S.C. 8233) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 254.

SEC. 3235. REPEAL OF REPORT TO CONGRESS.

    (a) Repeal.--Section 273 of the National Energy Conservation Policy 
Act (42 U.S.C. 8236b) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 273.

SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES ADMINISTRATION.

    (a) Repeal.--Section 154 of the Energy Policy Act of 1992 (42 
U.S.C. 8262a) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the Energy Policy Act of 1992 
        (Public Law 102-486; 106 Stat. 2776) is amended by striking the 
        item relating to section 154.
            (2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C. 
        8262e) is amended by striking subsection (c).

SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND 
              COORDINATION WORKSHOPS.

    (a) Repeal.--Section 156 of the Energy Policy Act of 1992 (42 
U.S.C. 8262b) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 156.

SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND PRESIDENT'S 
              COUNCIL ON INTEGRITY AND EFFICIENCY REPORT TO CONGRESS.

    (a) Repeal.--Section 160 of the Energy Policy Act of 1992 (42 
U.S.C. 8262f) is amended by striking the section designation and 
heading and all that follows through ``(c) Inspector General Review.--
Each Inspector General'' and inserting the following:

``SEC. 160. INSPECTOR GENERAL REVIEW.

    ``Each Inspector General''.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 160 and inserting the following:

``Sec. 160. Inspector General review.''.

SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT 
              PRODUCTS PROGRAM.

    (a) Repeal.--Section 161 of the Energy Policy Act of 1992 (42 
U.S.C. 8262g) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Policy Act of 1992 (Public Law 102-486; 106 Stat. 2776) is amended by 
striking the item relating to section 161.

SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

    (a) Repeal.--Part 5 of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8279) is repealed.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 121 
Stat. 1665) is amended--
            (1) by striking the item relating to part 5 of title V; and
            (2) by striking the item relating to section 571.

SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY.

    (a) Repeal.--Section 741 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8451) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 741.

SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL ELECTRIC 
              UTILITY SYSTEMS.

    (a) Repeal.--Section 744 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8454) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 744.

SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF INCREASED COAL 
              PRODUCTION AND OTHER ENERGY DEVELOPMENT.

    (a) Repeal.--Section 746 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8456) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 746.

SEC. 3244. REPEAL OF STUDY OF THE USE OF PETROLEUM AND NATURAL GAS IN 
              COMBUSTORS.

    (a) Repeal.--Section 747 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8457) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 747.

SEC. 3245. REPEAL OF SUBMISSION OF REPORTS.

    (a) Repeal.--Section 807 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8483) is repealed.
    (b) Conforming Amendment.--The table of contents for the Powerplant 
and Industrial Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) 
is amended by striking the item relating to section 807.

SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.

    (a) Repeal.--Section 808 of the Powerplant and Industrial Fuel Use 
Act of 1978 (42 U.S.C. 8484) is repealed.
    (b) Conforming Amendments.--
            (1) Table of contents.--The table of contents for the 
        Powerplant and Industrial Fuel Use Act of 1978 (Public Law 95-
        620; 92 Stat. 3289) is amended by striking the item relating to 
        section 808.
            (2) Report on implementation.--Section 712 of the 
        Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C. 8422) 
        is amended--
                    (A) by striking ``(a) Generally.--''; and
                    (B) by striking subsection (b).

SEC. 3247. TECHNICAL AMENDMENT TO POWERPLANT AND INDUSTRIAL FUEL USE 
              ACT OF 1978.

    The table of contents for the Powerplant and Industrial Fuel Use 
Act of 1978 (Public Law 95-620; 92 Stat. 3289) is amended by striking 
the item relating to section 742.

SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS.

    (a) Repeals.--
            (1) Section 201 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8501) is amended--
                    (A) in the section heading, by striking ``findings 
                and'';
                    (B) by striking subsection (a); and
                    (C) by striking ``(b) Purposes.--''.
            (2) Section 221 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8521) is repealed.
            (3) Section 222 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8522) is repealed.
            (4) Section 241 of the Emergency Energy Conservation Act of 
        1979 (42 U.S.C. 8531) is repealed.
    (b) Conforming Amendment.--The table of contents for the Emergency 
Energy Conservation Act of 1979 (Public Law 96-102; 93 Stat. 749) is 
amended--
            (1) by striking the item relating to section 201 and 
        inserting the following:

``Sec. 201. Purposes.'';
        and
            (2) by striking the items relating to sections 221, 222, 
        and 241.

SEC. 3249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.

    (a) Repeal.--Section 207 of the Energy Conservation and Production 
Act (42 U.S.C. 6807) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Conservation and Production Act (Public Law 94-385; 90 Stat. 1125) is 
amended by striking the item relating to section 207.

SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.

    (a) Repeal.--Section 550 of the National Energy Conservation Policy 
Act (42 U.S.C. 8258b) is repealed.
    (b) Conforming Amendments.--
            (1) The table of contents for the National Energy 
        Conservation Policy Act (Public Law 95-619; 92 Stat. 3206; 106 
        Stat. 2851) is amended by striking the item relating to section 
        550.
            (2) Section 543(d)(2) of the National Energy Conservation 
        Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``, 
        incorporating any relevant information obtained from the survey 
        conducted pursuant to section 550''.

SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.

    (a) Repeal.--Part 4 of title V of the National Energy Conservation 
Policy Act (42 U.S.C. 8271 et seq.) is repealed.
    (b) Conforming Amendments.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended--
            (1) by striking the item relating to part 4 of title V; and
            (2) by striking the items relating to sections 561 through 
        570.

SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND CERTIFICATION.

    (a) Repeal.--Subtitle F of title V of the Energy Security Act (42 
U.S.C. 8285 et seq.) is repealed.
    (b) Conforming Amendment.--The table of contents for the Energy 
Security Act (Public Law 96-294; 94 Stat. 611) is amended by striking 
the items relating to subtitle F of title V.

                        CHAPTER 4--AUTHORIZATION

SEC. 3261 AUTHORIZATION.

    There are authorized to be appropriated, out of funds authorized 
under previously enacted laws, amounts required for carrying out this 
Act and the amendments made by this Act.

             TITLE IV--CHANGING CRUDE OIL MARKET CONDITIONS

SEC. 4001. FINDINGS.

    The Congress finds the following:
            (1) The United States has enjoyed a renaissance in energy 
        production, establishing the United States as the world's 
        leading oil producer.
            (2) By authorizing crude oil exports, the Congress can spur 
        domestic energy production, create and preserve jobs, help 
        maintain and strengthen our independent shipping fleet that is 
        essential to national defense, and generate State and Federal 
        revenues.
            (3) An energy-secure United States that is a net exporter 
        of energy has the potential to transform the security 
        environment around the world, notably in Europe and the Middle 
        East.
            (4) For our European allies and Israel, the presence of 
        more United States oil in the market will offer more secure 
        supply options, which will strengthen United States strategic 
        alliances and help curtail the use of energy as a political 
        weapon.
            (5) The 60-ship Maritime Security Fleet is a vital element 
        of our military's strategic sealift and global response 
        capability. It assures United States-flag ships and United 
        States crews will be available to support the United States 
        military when it needs to mobilize to protect our allies, and 
        is the most prudent and economical solution to meet current and 
        projected sealift requirements for the United States.
            (6) The Maritime Security Fleet program provides a labor 
        base of skilled American mariners who are available to crew the 
        United States Government-owned strategic sealift fleet, as well 
        as the United States commercial fleet, in both peace and war.
            (7) The United States has reduced its oil consumption over 
        the past decade, and increasing investment in clean energy 
        technology and energy efficiency will lower energy prices, 
        reduce greenhouse gas emissions, and increase national 
        security.

SEC. 4002. REPEAL.

    Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 
6212) and the item relating thereto in the table of contents of that 
Act are repealed.

SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.

    Notwithstanding any other provision of law, to promote the 
efficient exploration, production, storage, supply, marketing, pricing, 
and regulation of energy resources, including fossil fuels, no official 
of the Federal Government shall impose or enforce any restriction on 
the export of crude oil.

SEC. 4004. STUDIES.

    (a) Greenhouse Gas Emissions.--Not later than 120 days after the 
date of enactment of this Act, the Secretary of Energy shall conduct, 
and transmit to the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate the results of, a study on the net greenhouse gas emissions 
that will result from the repeal of the crude oil export ban under 
section 4002.
    (b) Crude Oil Export Study.--
            (1) In general.--The Department of Commerce, in 
        consultation with the Department of Energy, and other 
        departments as appropriate, shall conduct a study of the State 
        and national implications of lifting the crude oil export ban 
        with respect to consumers and the economy.
            (2) Contents.--The study conducted under paragraph (1) 
        shall include an analysis of--
                    (A) the economic impact that exporting crude oil 
                will have on the economy of the United States;
                    (B) the economic impact that exporting crude oil 
                will have on consumers, taking into account impacts on 
                energy prices;
                    (C) the economic impact that exporting crude oil 
                will have on domestic manufacturing, taking into 
                account impacts on employment; and
                    (D) the economic impact that exporting crude oil 
                will have on the refining sector, taking into account 
                impacts on employment.
            (3) Report to congress.--Not later than 1 year after the 
        date of enactment of this Act, the Bureau of Industry and 
        Security shall submit to Congress a report containing the 
        results of the study conducted under paragraph (1).

SEC. 4005. SAVINGS CLAUSE.

    Nothing in this title limits the authority of the President under 
the Constitution, the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et 
seq.), part B of title II of the Energy Policy and Conservation Act (42 
U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 
et seq.), or any other provision of law that imposes sanctions on a 
foreign person or foreign government (including any provision of law 
that prohibits or restricts United States persons from engaging in a 
transaction with a sanctioned person or government), including a 
foreign government that is designated as a state sponsor of terrorism, 
to prohibit exports.

SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.

    (a) In General.--The Department of Energy shall continue to develop 
and broaden partnerships with minority serving institutions, including 
Hispanic Serving Institutions (HSI) and Historically Black Colleges and 
Universities (HBCUs) in the areas of oil and gas exploration, 
production, midstream, and refining.
    (b) Public-Private Partnerships.--The Department of Energy shall 
encourage public-private partnerships between the energy sector and 
minority serving institutions, including Hispanic Serving Institutions 
and Historically Black Colleges and Universities.

SEC. 4007. REPORT.

    Not later than 10 years after the date of enactment of this Act, 
the Secretary of Energy and the Secretary of Commerce shall jointly 
transmit to Congress a report that reviews the impact of lifting the 
oil export ban under this title as it relates to promoting United 
States energy and national security.

SEC. 4008. REPORT TO CONGRESS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy and the Secretary of Commerce shall jointly 
transmit to Congress a report analyzing how lifting the ban on crude 
oil exports will help create opportunities for veterans and women in 
the United States, while promoting energy and national security.

SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED PETROLEUM 
              PRODUCTS, AND PETROCHEMICAL PRODUCTS TO THE ISLAMIC 
              REPUBLIC OF IRAN.

    Nothing in this title shall be construed to authorize the export of 
crude oil, refined petroleum products, and petrochemical products by or 
through any entity or person, wherever located, subject to the 
jurisdiction of the United States to any entity or person located in, 
subject to the jurisdiction of, or sponsored by the Islamic Republic of 
Iran.

                         TITLE V--OTHER MATTERS

SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
shall ensure that the requirements described in subsection (b) are 
satisfied.
    (b) Requirements.--The Administrator shall satisfy--
            (1) section 4 of Executive Order No. 12866 (5 U.S.C. 601 
        note) (relating to regulatory planning and review) and 
        Executive Order No. 13563 (5 U.S.C. 601 note) (relating to 
        improving regulation and regulatory review) (or any successor 
        Executive order establishing requirements applicable to the 
        uniform reporting of regulatory and deregulatory agendas);
            (2) section 602 of title 5, United States Code;
            (3) section 8 of Executive Order No. 13132 (5 U.S.C. 601 
        note) (relating to federalism); and
            (4) section 202(a) of the Unfunded Mandates Reform Act of 
        1995 (2 U.S.C. 1532(a)).

SEC. 5002. DEFINITIONS.

    In this title:
            (1) Covered civil action.--The term ``covered civil 
        action'' means a civil action containing a claim under section 
        702 of title 5, United States Code, regarding agency action (as 
        defined for the purposes of that section) affecting a covered 
        energy project on Federal land.
            (2) Covered energy project.--
                    (A) In general.--The term ``covered energy 
                project'' means--
                            (i) the leasing of Federal land for the 
                        exploration, development, production, 
                        processing, or transmission of oil, natural 
                        gas, coal, geothermal, hydroelectric, biomass, 
                        solar, or any other source of energy; and
                            (ii) any action under the lease.
                    (B) Exclusion.--The term ``covered energy project'' 
                does not include any dispute between the parties to a 
                lease regarding the obligations under the lease, 
                including any alleged breach of the lease.

SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO 
              COVERED ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the United States 
district court in which the covered energy project or lease exists or 
is proposed.

SEC. 5004. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action 
shall be filed not later than the end of the 90-day period beginning on 
the date of the final Federal agency action to which the covered civil 
action relates.

SEC. 5005. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil 
action as expeditiously as practicable.

SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    (a) In General.--In a covered civil action, a court shall not grant 
or approve any prospective relief unless the court finds that the 
relief--
            (1) is narrowly drawn;
            (2) extends no further than necessary to correct the 
        violation of a legal requirement; and
            (3) is the least intrusive means necessary to correct the 
        violation.
    (b) Duration.--
            (1) In general.--A court shall limit the duration of 
        preliminary injunctions to halt covered energy projects to not 
        more than 60 days, unless the court finds clear reasons to 
        extend the injunction.
            (2) Administration.--In the case of an extension, the 
        extension shall--
                    (A) only be in 30-day increments; and
                    (B) require action by the court to renew the 
                injunction.
    (c) In General.--Sections 504 of title 5 and 2412 of title 28, 
United States Code (commonly known as the ``Equal Access to Justice 
Act''), shall not apply to a covered civil action.
    (d) Court Costs.--A party to a covered civil action shall not 
receive payment from the Federal Government for the attorneys' fees, 
expenses, or other court costs incurred by the party.

SEC. 5007. LEGAL STANDING.

    A challenger that files an appeal with the Department of the 
Interior Board of Land Appeals shall meet the same standing 
requirements as a challenger before a United States district court.

SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY BARRIERS THAT DELAY, 
              PROHIBIT, OR IMPEDE THE EXPORT OF NATURAL ENERGY 
              RESOURCES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy and the Secretary of Commerce shall jointly 
transmit to the Committee on Energy and Commerce and the Committee on 
Natural Resources of the House of Representatives, and the Committee on 
Commerce, Science, and Transportation and the Committee on Energy and 
Natural Resources of the Senate, the results of a study to--
            (1) identify legal and regulatory barriers that delay, 
        prohibit, or impede the export of natural energy resources, 
        including government and technical (physical or market) 
        barriers that hinder coal, natural gas, oil, and other energy 
        exports; and
            (2) estimate the economic impacts of such barriers.

SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Energy shall transmit to Congress the results of a study 
to determine the maximum level of volatility that is consistent with 
the safest practicable shipment of crude oil by rail.

SEC. 5010. SMART METER PRIVACY RIGHTS.

    (a) Electrical Corporation or Gas Corporations.--
            (1) For purposes of this section, ``electrical or gas 
        consumption data'' means data about a customer's electrical or 
        natural gas usage that is made available as part of an advanced 
        metering infrastructure, and includes the name, account number, 
        or residence of the customer.
            (2)(A) An electrical corporation or gas corporation shall 
        not share, disclose, or otherwise make accessible to any third 
        party a customer's electrical or gas consumption data, except 
        as provided in subsection (a)(5) or upon the consent of the 
        customer.
            (B) An electrical corporation or gas corporation shall not 
        sell a customer's electrical or gas consumption data or any 
        other personally identifiable information for any purpose.
            (C) The electrical corporation or gas corporation or its 
        contractors shall not provide an incentive or discount to the 
        customer for accessing the customer's electrical or gas 
        consumption data without the prior consent of the customer.
            (D) An electrical or gas corporation that utilizes an 
        advanced metering infrastructure that allows a customer to 
        access the customer's electrical and gas consumption data shall 
        ensure that the customer has an option to access that data 
        without being required to agree to the sharing of his or her 
        personally identifiable information, including electrical or 
        gas consumption data, with a third party.
            (3) If an electrical corporation or gas corporation 
        contracts with a third party for a service that allows a 
        customer to monitor his or her electricity or gas usage, and 
        that third party uses the data for a secondary commercial 
        purpose, the contract between the electrical corporation or gas 
        corporation and the third party shall provide that the third 
        party prominently discloses that secondary commercial purpose 
        to the customer.
            (4) An electrical corporation or gas corporation shall use 
        reasonable security procedures and practices to protect a 
        customer's unencrypted electrical or gas consumption data from 
        unauthorized access, destruction, use, modification, or 
        disclosure.
            (5)(A) Nothing in this section shall preclude an electrical 
        corporation or gas corporation from using customer aggregate 
        electrical or gas consumption data for analysis, reporting, or 
        program management if all information has been removed 
        regarding the individual identity of a customer.
            (B) Nothing in this section shall preclude an electrical 
        corporation or gas corporation from disclosing a customer's 
        electrical or gas consumption data to a third party for system, 
        grid, or operational needs, or the implementation of demand 
        response, energy management, or energy efficiency programs, 
        provided that, for contracts entered into after January 1, 
        2016, the utility has required by contract that the third party 
        implement and maintain reasonable security procedures and 
        practices appropriate to the nature of the information, to 
        protect the personal information from unauthorized access, 
        destruction, use, modification, or disclosure, and prohibits 
        the use of the data for a secondary commercial purpose not 
        related to the primary purpose of the contract without the 
        customer's consent.
            (C) Nothing in this section shall preclude an electrical 
        corporation or gas corporation from disclosing electrical or 
        gas consumption data as required or permitted under State or 
        Federal law or by an order of a State public utility 
        commission.
            (6) If a customer chooses to disclose his or her electrical 
        or gas consumption data to a third party that is unaffiliated 
        with, and has no other business relationship with, the 
        electrical or gas corporation, the electrical or gas 
        corporation shall not be responsible for the security of that 
        data, or its use or misuse.
    (b) Local Publicly Owned Electric Utilities.--
            (1) For purposes of this section, ``electrical consumption 
        data'' means data about a customer's electrical usage that is 
        made available as part of an advanced metering infrastructure, 
        and includes the name, account number, or residence of the 
        customer.
            (2)(A) A local publicly owned electric utility shall not 
        share, disclose, or otherwise make accessible to any third 
        party a customer's electrical consumption data, except as 
        provided in subsection (b) (5) or upon the consent of the 
        customer.
            (B) A local publicly owned electric utility shall not sell 
        a customer's electrical consumption data or any other 
        personally identifiable information for any purpose.
            (C) The local publicly owned electric utility or its 
        contractors shall not provide an incentive or discount to the 
        customer for accessing the customer's electrical consumption 
        data without the prior consent of the customer.
            (D) A local publicly owned electric utility that utilizes 
        an advanced metering infrastructure that allows a customer to 
        access the customer's electrical consumption data shall ensure 
        that the customer has an option to access that data without 
        being required to agree to the sharing of his or her personally 
        identifiable information, including electrical consumption 
        data, with a third party.
            (3) If a local publicly owned electric utility contracts 
        with a third party for a service that allows a customer to 
        monitor his or her electricity usage, and that third party uses 
        the data for a secondary commercial purpose, the contract 
        between the local publicly owned electric utility and the third 
        party shall provide that the third party prominently discloses 
        that secondary commercial purpose to the customer.
            (4) A local publicly owned electric utility shall use 
        reasonable security procedures and practices to protect a 
        customer's unencrypted electrical consumption data from 
        unauthorized access, destruction, use, modification, or 
        disclosure, and prohibits the use of the data for a secondary 
        commercial purpose not related to the primary purpose of the 
        contract without the customer's consent.
            (5)(A) Nothing in this section shall preclude a local 
        publicly owned electric utility from using customer aggregate 
        electrical consumption data for analysis, reporting, or program 
        management if all information has been removed regarding the 
        individual identity of a customer.
            (B) Nothing in this section shall preclude a local publicly 
        owned electric utility from disclosing a customer's electrical 
        consumption data to a third party for system, grid, or 
        operational needs, or the implementation of demand response, 
        energy management, or energy efficiency programs, provided, for 
        contracts entered into after January 1, 2016, that the utility 
        has required by contract that the third party implement and 
        maintain reasonable security procedures and practices 
        appropriate to the nature of the information, to protect the 
        personal information from unauthorized access, destruction, 
        use, modification, or disclosure.
            (C) Nothing in this section shall preclude a local publicly 
        owned electric utility from disclosing electrical consumption 
        data as required under State or Federal law.
            (6) If a customer chooses to disclose his or her electrical 
        consumption data to a third party that is unaffiliated with, 
        and has no other business relationship with, the local publicly 
        owned electric utility, the utility shall not be responsible 
        for the security of that data, or its use or misuse.

SEC. 5011. YOUTH ENERGY ENTERPRISE COMPETITION.

    The Secretaries of Energy and Commerce shall jointly establish an 
energy enterprise competition to encourage youth to propose solutions 
to the energy challenges of the United States and to promote youth 
interest in careers in science, technology, engineering, and math, 
especially as those fields relate to energy.

SEC. 5012. MODERNIZATION OF TERMS RELATING TO MINORITIES.

    (a) Office of Minority Economic Impact.--Section 211(f)(1) of the 
Department of Energy Organization Act (42 U.S.C. 7141(f)(1)) is amended 
by striking ``a Negro, Puerto Rican, American Indian, Eskimo, Oriental, 
or Aleut or is a Spanish speaking individual of Spanish descent'' and 
inserting ``Asian American, African American, Hispanic, Puerto Rican, 
Native American, or an Alaska Native''.
    (b) Minority Business Enterprises.--Section 106(f)(2) of the Local 
Public Works Capital Development and Investment Act of 1976 (42 U.S.C. 
6705(f)(2)) is amended by striking ``Negroes, Spanish-speaking, 
Orientals, Indians, Eskimos, and Aleuts'' and inserting ``Asian 
American, African American, Hispanic, Native American, or Alaska 
Natives''.

SEC. 5013. VOLUNTARY VEGETATION MANAGEMENT OUTSIDE RIGHTS-OF-WAY.

    (a) Authorization.--The Secretary of the Interior or the Secretary 
of Agriculture may authorize an owner or operator of an electric 
transmission or distribution facility to manage vegetation selectively 
within 150 feet of the exterior boundary of the right-of-way near 
structures for selective thinning and fuel reduction.
    (b) Status of Removed Vegetation.--Any vegetation removed pursuant 
to this section shall be the property of the United States and not 
available for sale by the owner or operator.
    (c) Limitation on Liability.--An owner or operator of an electric 
transmission or distribution facility shall not be held liable for 
wildlife damage, loss, or injury, including the cost of fire 
suppression, resulting from activities carried out pursuant to 
subsection (a) except in the case of harm resulting from the owner or 
operator's gross negligence or criminal misconduct.

SEC. 5014. REPEAL OF RULE FOR NEW RESIDENTIAL WOOD HEATERS.

    The final rule entitled ``Standards of Performance for New 
Residential Wood Heaters, New Residential Hydronic Heaters and Forced-
Air Furnaces'' published at 80 Fed. Reg. 13672 (March 16, 2015) shall 
have no force or effect and shall be treated as if such rule had never 
been issued.

         TITLE VI--PROMOTING RENEWABLE ENERGY WITH SHARED SOLAR

SEC. 6001. SHORT TITLE.

    This title may be cited as the ``Promoting Renewable Energy with 
Shared Solar Act of 2015''.

SEC. 6002. PROVISION OF INTERCONNECTION SERVICE AND NET BILLING SERVICE 
              FOR COMMUNITY SOLAR FACILITIES.

    (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
end the following:
            ``(20) Community solar facilities.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Community solar facility.--The term 
                        `community solar facility' means a solar 
                        photovoltaic system that--
                                    ``(I) allocates electricity to 
                                multiple individual electric consumers 
                                of an electric utility;
                                    ``(II) has a nameplate rating of 2 
                                megawatts or less; and
                                    ``(III) is--
                                            ``(aa) owned by the 
                                        electric utility, jointly 
                                        owned, or third-party-owned;
                                            ``(bb) connected to a local 
                                        distribution facility of the 
                                        electric utility; and
                                            ``(cc) located on or off 
                                        the property of a consumer of 
                                        the electricity.
                            ``(ii) Interconnection service.--The term 
                        `interconnection service' means a service 
                        provided by an electric utility to an electric 
                        consumer, in accordance with the standards 
                        described in paragraph (15), through which a 
                        community solar facility is connected to an 
                        applicable local distribution facility.
                            ``(iii) Net billing service.--The term `net 
                        billing service' means a service provided by an 
                        electric utility to an electric consumer 
                        through which electric energy generated for 
                        that electric consumer from a community solar 
                        facility may be used to offset electric energy 
                        provided by the electric utility to the 
                        electric consumer during the applicable billing 
                        period.
                    ``(B) Requirement.--On receipt of a request of an 
                electric consumer served by the electric utility, each 
                electric utility shall make available to the electric 
                consumer interconnection service and net billing 
                service for a community solar facility.''.
    (b) Compliance.--
            (1) 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 the State has 
        ratemaking authority) and each nonregulated utility shall 
        commence consideration under section 111, or set a hearing date 
        for consideration, with respect to the standard established by 
        paragraph (20) of section 111(d).
            ``(B) Not later than 2 years after the date of enactment of 
        this paragraph, each State regulatory authority (with respect 
        to each electric utility for which the State has ratemaking 
        authority), and each nonregulated electric utility shall 
        complete the consideration and make the determination under 
        section 111 with respect to the standard established by 
        paragraph (20) of section 111(d).''.
            (2) Failure to comply.--
                    (A) In general.--Section 112(c) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(c)) is amended--
                            (i) by striking ``such paragraph (14)'' and 
                        all that follows through ``paragraphs (16)'' 
                        and inserting ``such paragraph (14). In the 
                        case of the standard established by paragraph 
                        (15) 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 that paragraph (15). 
                        In the case of the standards established by 
                        paragraphs (16)''; and
                            (ii) by adding at the end the following: 
                        ``In the case of the standard established by 
                        paragraph (20) 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 that 
                        paragraph (20).''.
                    (B) Technical correction.--
                            (i) In general.--Section 1254(b) of the 
                        Energy Policy Act of 2005 (Public Law 109-58; 
                        119 Stat. 971) is amended by striking paragraph 
                        (2).
                            (ii) Treatment.--The amendment made by 
                        paragraph (2) of section 1254(b) of the Energy 
                        Policy Act of 2005 (Public Law 109-58; 119 
                        Stat. 971) (as in effect on the day before the 
                        date of enactment of this Act) is void, and 
                        section 112(d) of the Public Utility Regulatory 
                        Policies Act of 1978 (16 U.S.C. 2622(d)) shall 
                        be in effect as if those amendments had not 
                        been enacted.
            (3) Prior state actions.--
                    (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) is 
                amended by adding at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply 
to the standard established by paragraph (20) of section 111(d) in the 
case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility 
        the standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation 
        of the standard (or a comparable standard) for the electric 
        utility.''.
                    (B) Cross-reference.--Section 124 of the Public 
                Utility Regulatory Policy Act of 1978 (16 U.S.C. 2634) 
                is amended by adding at the end the following: ``In the 
                case of the standard established by paragraph (20) 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 
                that paragraph (20).''.

                     TITLE VII--MARINE HYDROKINETIC

SEC. 7001. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE ENERGY.

    Section 632 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17211) is amended in the matter preceding paragraph (1) by 
striking ``electrical''.

SEC. 7002. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    Section 633 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17212) is amended to read as follows:

``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
              DEVELOPMENT.

    ``The Secretary, in consultation with the Secretary of the 
Interior, the Secretary of Commerce, and the Federal Energy Regulatory 
Commission, shall carry out a program of research, development, 
demonstration, and commercial application to accelerate the 
introduction of marine and hydrokinetic renewable energy production 
into the United States energy supply, giving priority to fostering 
accelerated research, development, and commercialization of technology, 
including--
            ``(1) to assist technology development to improve the 
        components, processes, and systems used for power generation 
        from marine and hydrokinetic renewable energy resources;
            ``(2) to establish critical testing infrastructure 
        necessary--
                    ``(A) to cost effectively and efficiently test and 
                prove the efficacy of marine and hydrokinetic renewable 
                energy devices; and
                    ``(B) to accelerate the technological readiness and 
                commercialization of those devices;
            ``(3) to support efforts to increase the efficiency of 
        energy conversion, lower the cost, increase the use, improve 
        the reliability, and demonstrate the applicability of marine 
        and hydrokinetic renewable energy technologies by participating 
        in demonstration projects;
            ``(4) to investigate variability issues and the efficient 
        and reliable integration of marine and hydrokinetic renewable 
        energy with the utility grid;
            ``(5) to identify and study critical short- and long-term 
        needs to create a sustainable marine and hydrokinetic renewable 
        energy supply chain based in the United States;
            ``(6) to increase the reliability and survivability of 
        marine and hydrokinetic renewable energy technologies;
            ``(7) to verify the performance, reliability, 
        maintainability, and cost of new marine and hydrokinetic 
        renewable energy device designs and system components in an 
        operating environment;
            ``(8) to coordinate and avoid duplication of activities 
        across programs of the Department and other applicable Federal 
        agencies, including National Laboratories, and to coordinate 
        public-private collaboration in all programs under this 
        section;
            ``(9) to identify opportunities for joint research and 
        development programs and development of economies of scale 
        between--
                    ``(A) marine and hydrokinetic renewable energy 
                technologies; and
                    ``(B) other renewable energy and fossil energy 
                programs, offshore oil and gas production activities, 
                and activities of the Department of Defense; and
            ``(10) to support in-water technology development with 
        international partners using existing cooperative procedures 
        (including memoranda of understanding)--
                    ``(A) to allow cooperative funding and other 
                support of value to be exchanged and leveraged; and
                    ``(B) to encourage international research centers 
                and international companies to participate in the 
                development of water technology in the United States 
                and to encourage United States research centers and 
                United States companies to participate in water 
                technology projects abroad.''.

SEC. 7003. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
              DEMONSTRATION CENTERS.

    Section 634(b) of the Energy Independence and Security Act of 2007 
(42 U.S.C. 17213(b)) is amended to read as follows:
    ``(b) Purposes.--A Center (in coordination with the Department and 
National Laboratories) shall--
            ``(1) advance research, development, demonstration, and 
        commercial application of marine and hydrokinetic renewable 
        energy technologies;
            ``(2) support in-water testing and demonstration of marine 
        and hydrokinetic renewable energy technologies, including 
        facilities capable of testing--
                    ``(A) marine and hydrokinetic renewable energy 
                systems of various technology readiness levels and 
                scales;
                    ``(B) a variety of technologies in multiple test 
                berths at a single location; and
                    ``(C) arrays of technology devices; and
            ``(3) serve as information clearinghouses for the marine 
        and hydrokinetic renewable energy industry by collecting and 
        disseminating information on best practices in all areas 
        relating to developing and managing marine and hydrokinetic 
        renewable energy resources and energy systems.''.

SEC. 7004. AUTHORIZATION OF APPROPRIATIONS.

    Section 636 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17215) is amended by striking ``2008 through 2012'' and 
inserting ``2016 through 2019''.

            Passed the House of Representatives December 3, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```