II 

Calendar No. 218 

114TH CONGRESS 

1ST SESSION S. 2012 

[Report No. 114–138] 

To provide for the modernization of the energy policy of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2015 

Ms. MURKOWSKI, from the Committee on Energy and Natural Resources, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

To provide for the modernization of the energy policy of 

the United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Energy Policy Modernization Act of 2015’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

TITLE I—EFFICIENCY 

Subtitle A—Buildings 

Sec. 1001. Greater energy efficiency in building codes. 

Sec. 1002. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units. 

Sec. 1003. Coordination of energy retrofitting assistance for schools. 

Sec. 1004. Energy efficiency retrofit pilot program. 

Sec. 1005. Utility energy service contracts. 

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

Sec. 1007. Building training and assessment centers. 

Sec. 1008. Career skills training. 

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

Sec. 1010. Availability of funds for design updates. 

Sec. 1011. Energy efficient data centers. 

Sec. 1012. Weatherization Assistance Program. 

Sec. 1013. Reauthorization of State energy program. 

Sec. 1014. Smart building acceleration. 

Sec. 1015. Repeal of fossil phase-out. 

Sec. 1016. Federal building energy efficiency performance standards. 

Sec. 1017. Codification of Executive Order. 

Sec. 1018. Certification for green buildings. 

Sec. 1019. High performance green federal buildings. 

Sec. 1020. Evaluation of potentially duplicative green building programs within 

Department of Energy. 

Sec. 1021. Study and report on energy savings benefits of operational efficiency 

programs and services. 

Subtitle B—Appliances 

Sec. 1101. Extended product system rebate program. 

Sec. 1102. Energy efficient transformer rebate program. 

Sec. 1103. Standards for certain furnaces. 

Sec. 1104. Third-party certification under Energy Star program. 

Sec. 1105. Energy conservation standards for commercial refrigeration equipment. 

Sec. 1106. Voluntary verification programs for air conditioning, furnace, boiler, 

heat pump, and water heater products. 

Subtitle C—Manufacturing 

Sec. 1201. Manufacturing energy efficiency. 

Sec. 1202. Leveraging existing Federal agency programs to assist small and 

medium manufacturers. 

Sec. 1203. Leveraging smart manufacturing infrastructure at National Laboratories. 

Subtitle D—Vehicles 

Sec. 1301. Short title. 

Sec. 1302. Objectives. 

Sec. 1303. Coordination and nonduplication. 

Sec. 1304. Authorization of appropriations. 

Sec. 1305. Reporting. 


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PART I—VEHICLE RESEARCH AND DEVELOPMENT

Sec. 1306. Program. 

Sec. 1307. Manufacturing. 

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

VEHICLES

Sec. 1308. Program. 

Sec. 1309. Class 8 truck and trailer systems demonstration. 

Sec. 1310. Technology testing and metrics. 

Sec. 1311. Nonroad systems pilot program. 

PART III—ADMINISTRATION

Sec. 1312. Repeal of existing authorities. 

TITLE II—INFRASTRUCTURE 

Subtitle A—Cybersecurity 

Sec. 2001. Cybersecurity threats. 

Sec. 2002. Enhanced grid security. 

Subtitle B—Strategic Petroleum Reserve 

Sec. 2101. Strategic Petroleum Reserve test drawdown and sale notification 

and definition change. 

Sec. 2102. Strategic Petroleum Reserve mission readiness optimization. 

Sec. 2103. Strategic Petroleum Reserve modernization. 

Subtitle C—Trade 

Sec. 2201. Action on applications to export liquefied natural gas. 

Sec. 2202. Public disclosure of liquefied natural gas export destinations. 

Sec. 2203. Energy data collaboration. 

Subtitle D—Electricity and Energy Storage 

Sec. 2301. Grid storage program. 

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

Sec. 2303. Technology demonstration on the distribution system. 

Sec. 2304. Hybrid micro-grid systems for isolated and resilient communities. 

Sec. 2305. Voluntary model pathways. 

Sec. 2306. Performance metrics for electricity infrastructure providers. 

Sec. 2307. State and regional electricity distribution planning. 

Sec. 2308. Authorization of appropriations. 

Sec. 2309. Electric transmission infrastructure permitting. 

Sec. 2310. Report by transmission organizations on distributed energy resources and micro-grid systems. 

Sec. 2311. Net metering study guidance. 

Subtitle E—Computing 

Sec. 2401. Exascale computer research program. 

TITLE III—SUPPLY 


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Subtitle A—Renewables 

PART I—HYDROELECTRIC

Sec. 3001. Hydropower regulatory improvements. 

Sec. 3002. Hydroelectric production incentives and efficiency improvements. 

Sec. 3003. Extension of time for a Federal Energy Regulatory Commission 

project involving Clark Canyon Dam. 

Sec. 3004. Extension of time for a Federal Energy Regulatory Commission 

project involving Gibson Dam. 

PART II—GEOTHERMAL

SUBPART A—GEOTHERMAL ENERGY

Sec. 3005. National goals for production and site identification. 

Sec. 3006. Priority areas for development on Federal land. 

Sec. 3007. Facilitation of coproduction of geothermal energy on oil and gas 

leases. 

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

Sec. 3009. Large-scale geothermal energy. 

Sec. 3010. Report to Congress. 

Sec. 3011. Authorization of appropriations. 

SUBPART B—GEOTHERMAL EXPLORATION

Sec. 3012. Geothermal exploration test projects. 

PART III—MARINE HYDROKINETIC

Sec. 3013. Definition of marine and hydrokinetic renewable energy. 

Sec. 3014. Marine and hydrokinetic renewable energy research and development. 

Sec. 3015. National Marine Renewable Energy Research, Development, and 

Demonstration Centers. 

Sec. 3016. Authorization of appropriations. 

PART IV—BIOMASS

Sec. 3017. Bio-power. 

Subtitle B—Oil and Gas 

Sec. 3101. Amendments to the Methane Hydrate Research and Development 

Act of 2000. 

Sec. 3102. Liquefied natural gas study. 

Sec. 3103. FERC process coordination with respect to regulatory approval of 

gas projects. 

Sec. 3104. Pilot program. 

Subtitle C—Helium 

Sec. 3201. Rights to helium. 

Subtitle D—Critical Minerals 

Sec. 3301. Definitions. 

Sec. 3302. Policy. 


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Sec. 3303. Critical mineral designations. 

Sec. 3304. Resource assessment. 

Sec. 3305. Permitting. 

Sec. 3306. Federal Register process. 

Sec. 3307. Recycling, efficiency, and alternatives. 

Sec. 3308. Analysis and forecasting. 

Sec. 3309. Education and workforce. 

Sec. 3310. National geological and geophysical data preservation program. 

Sec. 3311. Administration. 

Sec. 3312. Authorization of appropriations. 

Subtitle E—Coal 

Sec. 3401. Fossil energy. 

Sec. 3402. Establishment of coal technology program. 

Subtitle F—Nuclear 

Sec. 3501. Report on fusion and fission reactor prototypes. 

Sec. 3502. Next generation nuclear plant project. 

Subtitle G—Workforce Development 

Sec. 3601. 21st Century Energy Workforce Advisory Board. 

Sec. 3602. Energy workforce pilot grant program. 

Subtitle H—Recycling 

Sec. 3701. Recycled carbon fiber. 

Sec. 3702. Energy generation and regulatory relief study regarding recovery 

and conversion of nonrecycled mixed plastics. 

Sec. 3703. Eligible projects. 

TITLE IV—ACCOUNTABILITY 

Subtitle A—Loan Programs 

Sec. 4001. Terms and conditions for incentives for innovative technologies. 

Sec. 4002. State loan eligibility. 

Sec. 4003. GAO Study on fossil loan guarantee incentive program. 

Sec. 4004. Program eligibility for vessels. 

Sec. 4005. Additional reforms. 

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

Subtitle B—Energy-Water Nexus 

Sec. 4101. Nexus of energy and water for sustainability. 

Sec. 4102. Smart energy and water efficiency pilot program. 

Subtitle C—Innovation 

Sec. 4201. America COMPETES programs. 

Sec. 4202. Inclusion of early stage technology demonstration in authorized 

technology transfer activities. 

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

Sec. 4204. Microlab technology commercialization. 


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Subtitle D—Grid Reliability 

Sec. 4301. Bulk-power system reliability impact statement. 

Sec. 4302. Report by transmission organizations on diversity of supply. 

Sec. 4303. Activities carried out during an authorization during war or emergency. 

Subtitle E—Management 

Sec. 4401. Federal land management. 

Sec. 4402. Quadrennial Energy Review. 

Sec. 4403. State oversight of oil and gas programs. 

Sec. 4404. Under Secretary for Science and Energy. 

Subtitle F—Markets 

Sec. 4501. Enhanced information on critical energy supplies. 

Sec. 4502. Working Group on Energy Markets. 

Sec. 4503. Study of regulatory framework for energy markets. 

Subtitle G—Affordability 

Sec. 4601. E-prize competition pilot program. 

Subtitle H—Code Maintenance 

Sec. 4701. Repeal of off-highway motor vehicles study. 

Sec. 4702. Repeal of methanol study. 

Sec. 4703. Repeal of authorization of appropriations provision. 

Sec. 4704. Repeal of residential energy efficiency standards study. 

Sec. 4705. Repeal of weatherization study. 

Sec. 4706. Repeal of report to Congress. 

Sec. 4707. Repeal of report by General Services Administration. 

Sec. 4708. Repeal of intergovernmental energy management planning and coordination workshops. 

Sec. 4709. Repeal of Inspector General audit survey and President’s Council on 

Integrity and Efficiency report to Congress. 

Sec. 4710. Repeal of procurement and identification of energy efficient products program. 

Sec. 4711. Repeal of national action plan for demand response. 

Sec. 4712. Repeal of national coal policy study. 

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

Sec. 4714. Repeal of study of socioeconomic impacts of increased coal production and other energy development. 

Sec. 4715. Repeal of study of the use of petroleum and natural gas in combustors. 

Sec. 4716. Repeal of submission of reports. 

Sec. 4717. Repeal of electric utility conservation plan. 

Sec. 4718. Emergency Energy Conservation repeals. 

Sec. 4719. Energy Security Act repeals. 

Sec. 4720. Nuclear Safety Research, Development, and Demonstration Act of 

1980 repeals. 

Sec. 4721. Elimination and consolidation of certain America COMPETES programs. 

Sec. 4722. Repeal of state utility regulatory assistance. 

Sec. 4723. Repeal of survey of energy saving potential. 


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Sec. 4724. Repeal of photovoltaic energy program. 

Sec. 4725. Repeal of energy auditor training and certification. 

Sec. 4726. Repeal of authorization of appropriations. 

TITLE V—CONSERVATION REAUTHORIZATION 

Sec. 5001. National Park Service Maintenance and Revitalization Conservation 

Fund. 

Sec. 5002. Land and Water Conservation Fund. 

Sec. 5003. Historic Preservation Fund. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Energy. 

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

6 the Secretary of Energy. 

7 TITLE I—EFFICIENCY 

8 Subtitle A—Buildings 

9 SEC. 1001. GREATER ENERGY EFFICIENCY IN BUILDING 

10 CODES. 

11 (a) DEFINITIONS.—Section 303 of the Energy Con12 servation and Production Act (42 U.S.C. 6832) is amend13 ed— 

14 (1) by striking paragraph (14) and inserting 

15 the following: 

16 ‘‘(14) MODEL BUILDING ENERGY CODE.—The 

17 term ‘model building energy code’ means a voluntary 

18 building energy code and standards developed and 

19 updated through a consensus process among inter20 ested persons, such as the IECC or the code used 

21 by— 


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1 ‘‘(A) the Council of American Building Of2 ficials, or its legal successor, International Code 

3 Council, Inc.; 

4 ‘‘(B) the American Society of Heating, Re5 frigerating, and Air-Conditioning Engineers; or 

6 ‘‘(C) other appropriate organizations.’’; 

7 and 

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

9 ‘‘(17) IECC.—The term ‘IECC’ means the 

10 International Energy Conservation Code. 

11 ‘‘(18) INDIAN TRIBE.—The term ‘Indian tribe’ 

12 has the meaning given the term in section 4 of the 

13 Native American Housing Assistance and Self-De14 termination Act of 1996 (25 U.S.C. 4103).’’. 

15 (b) STATE BUILDING ENERGY EFFICIENCY

16 CODES.—Section 304 of the Energy Conservation and 

17 Production Act (42 U.S.C. 6833) is amended to read as 

18 follows: 

19 ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI20 CIENCY CODES. 

21 ‘‘(a) IN GENERAL.—The Secretary shall— 

22 ‘‘(1) encourage and support the adoption of 

23 building energy codes by States, Indian tribes, and, 

24 as appropriate, by local governments that meet or 


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1 exceed the model building energy codes, or achieve 

2 equivalent or greater energy savings; and 

3 ‘‘(2) support full compliance with the State and 

4 local codes. 

5 ‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF

6 BUILDING ENERGY CODE UPDATES.— 

7 ‘‘(1) REVIEW AND UPDATING OF CODES BY

8 EACH STATE AND INDIAN TRIBE.— 

9 ‘‘(A) IN GENERAL.—Not later than 2 years 

10 after the date on which a model building energy 

11 code is updated, each State or Indian tribe shall 

12 certify whether or not the State or Indian tribe, 

13 respectively, has reviewed and updated the en14 ergy provisions of the building code of the State 

15 or Indian tribe, respectively. 

16 ‘‘(B) DEMONSTRATION.—The certification 

17 shall include a demonstration of whether or not 

18 the energy savings for the code provisions that 

19 are in effect throughout the State or Indian 

20 tribal territory meet or exceed— 

21 ‘‘(i) the energy savings of the updated 

22 model building energy code; or 

23 ‘‘(ii) the targets established under sec24 tion 307(b)(2). 


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1 ‘‘(C) NO MODEL BUILDING ENERGY CODE

2 UPDATE.—If a model building energy code is 

3 not updated by a target date established under 

4 section 307(b)(2)(D), each State or Indian tribe 

5 shall, not later than 2 years after the specified 

6 date, certify whether or not the State or Indian 

7 tribe, respectively, has reviewed and updated 

8 the energy provisions of the building code of the 

9 State or Indian tribe, respectively, to meet or 

10 exceed the target in section 307(b)(2). 

11 ‘‘(2) VALIDATION BY SECRETARY.—Not later 

12 than 90 days after a State or Indian tribe certifi13 cation under paragraph (1), the Secretary shall— 

14 ‘‘(A) determine whether the code provi15 sions of the State or Indian tribe, respectively, 

16 meet the criteria specified in paragraph (1); 

17 and 

18 ‘‘(B) if the determination is positive, vali19 date the certification. 

20 ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD21 ING ENERGY CODES.— 

22 ‘‘(1) REQUIREMENT.— 

23 ‘‘(A) IN GENERAL.—Not later than 3 years 

24 after the date of a certification under sub25 section (b), each State and Indian tribe shall 


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1 certify whether or not the State and Indian 

2 tribe, respectively, has— 

3 ‘‘(i) achieved full compliance under 

4 paragraph (3) with the applicable certified 

5 State and Indian tribe building energy 

6 code or with the associated model building 

7 energy code; or 

8 ‘‘(ii) made significant progress under 

9 paragraph (4) toward achieving compliance 

10 with the applicable certified State and In11 dian tribe building energy code or with the 

12 associated model building energy code. 

13 ‘‘(B) REPEAT CERTIFICATIONS.—If the 

14 State or Indian tribe certifies progress toward 

15 achieving compliance, the State or Indian tribe 

16 shall repeat the certification until the State or 

17 Indian tribe certifies that the State or Indian 

18 tribe has achieved full compliance, respectively. 

19 ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer20 tification under paragraph (1) shall include docu21 mentation of the rate of compliance based on— 

22 ‘‘(A) independent inspections of a random 

23 sample of the buildings covered by the code in 

24 the preceding year; or 


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1 ‘‘(B) an alternative method that yields an 

2 accurate measure of compliance. 

3 ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 

4 or Indian tribe shall be considered to achieve full 

5 compliance under paragraph (1) if— 

6 ‘‘(A) at least 90 percent of building space 

7 covered by the code in the preceding year sub8 stantially meets all the requirements of the ap9 plicable code specified in paragraph (1), or 

10 achieves equivalent or greater energy savings 

11 level; or 

12 ‘‘(B) the estimated excess energy use of 

13 buildings that did not meet the applicable code 

14 specified in paragraph (1) in the preceding 

15 year, compared to a baseline of comparable 

16 buildings that meet this code, is not more than 

17 5 percent of the estimated energy use of all 

18 buildings covered by this code during the pre19 ceding year. 

20 ‘‘(4) SIGNIFICANT PROGRESS TOWARD

21 ACHIEVEMENT OF COMPLIANCE.—A State or Indian 

22 tribe shall be considered to have made significant 

23 progress toward achieving compliance for purposes 

24 of paragraph (1) if the State or Indian tribe— 


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1 ‘‘(A) has developed and is implementing a 

2 plan for achieving compliance during the 8- 

3 year-period beginning on the date of enactment 

4 of this paragraph, including annual targets for 

5 compliance and active training and enforcement 

6 programs; and 

7 ‘‘(B) has met the most recent target under 

8 subparagraph (A). 

9 ‘‘(5) VALIDATION BY SECRETARY.—Not later 

10 than 90 days after a State or Indian tribe certifi11 cation under paragraph (1), the Secretary shall— 

12 ‘‘(A) determine whether the State or In13 dian tribe has demonstrated meeting the cri14 teria of this subsection, including accurate 

15 measurement of compliance; and 

16 ‘‘(B) if the determination is positive, vali17 date the certification. 

18 ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT

19 ACHIEVE COMPLIANCE.— 

20 ‘‘(1) REPORTING.—A State or Indian tribe that 

21 has not made a certification required under sub22 section (b) or (c) by the applicable deadline shall 

23 submit to the Secretary a report on— 


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1 ‘‘(A) the status of the State or Indian tribe 

2 with respect to meeting the requirements and 

3 submitting the certification; and 

4 ‘‘(B) a plan for meeting the requirements 

5 and submitting the certification. 

6 ‘‘(2) FEDERAL SUPPORT.—For any State or In7 dian tribe for which the Secretary has not validated 

8 a certification by a deadline under subsection (b) or 

9 (c), the lack of the certification may be a consider10 ation for Federal support authorized under this sec11 tion for code adoption and compliance activities. 

12 ‘‘(3) LOCAL GOVERNMENT.—In any State or 

13 Indian tribe for which the Secretary has not vali14 dated a certification under subsection (b) or (c), a 

15 local government may be eligible for Federal support 

16 by meeting the certification requirements of sub17 sections (b) and (c). 

18 ‘‘(4) ANNUAL REPORTS BY SECRETARY.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 annually submit to Congress, and publish in the 

21 Federal Register, a report on— 

22 ‘‘(i) the status of model building en23 ergy codes; 

24 ‘‘(ii) the status of code adoption and 

25 compliance in the States and Indian tribes; 


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1 ‘‘(iii) the implementation of this sec2 tion; and 

3 ‘‘(iv) improvements in energy savings 

4 over time as a result of the targets estab5 lished under section 307(b)(2). 

6 ‘‘(B) IMPACTS.—The report shall include 

7 estimates of impacts of past action under this 

8 section, and potential impacts of further action, 

9 on— 

10 ‘‘(i) upfront financial and construction 

11 costs, cost benefits and returns (using in12 vestment analysis), and lifetime energy use 

13 for buildings; 

14 ‘‘(ii) resulting energy costs to individ15 uals and businesses; and 

16 ‘‘(iii) resulting overall annual building 

17 ownership and operating costs. 

18 ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN19 DIAN TRIBES.—The Secretary shall provide technical as20 sistance to States and Indian tribes to implement the goals 

21 and requirements of this section, including procedures and 

22 technical analysis for States and Indian tribes— 

23 ‘‘(1) to improve and implement State residential 

24 and commercial building energy codes; 


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1 ‘‘(2) to demonstrate that the code provisions of 

2 the States and Indian tribes achieve equivalent or 

3 greater energy savings than the model building en4 ergy codes and targets; 

5 ‘‘(3) to document the rate of compliance with a 

6 building energy code; and 

7 ‘‘(4) to otherwise promote the design and con8 struction of energy efficient buildings. 

9 ‘‘(f) AVAILABILITY OF INCENTIVE FUNDING.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall provide 

11 incentive funding to States and Indian tribes— 

12 ‘‘(A) to implement the requirements of this 

13 section; 

14 ‘‘(B) to improve and implement residential 

15 and commercial building energy codes, including 

16 increasing and verifying compliance with the 

17 codes and training of State, local, and tribal 

18 building code officials to implement and enforce 

19 the codes; and 

20 ‘‘(C) to promote building energy efficiency 

21 through the use of the codes. 

22 ‘‘(2) ADDITIONAL FUNDING.—Additional fund23 ing shall be provided under this subsection for im24 plementation of a plan to achieve and document full 


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1 compliance with residential and commercial building 

2 energy codes under subsection (c)— 

3 ‘‘(A) to a State or Indian tribe for which 

4 the Secretary has validated a certification under 

5 subsection (b) or (c); and 

6 ‘‘(B) in a State or Indian tribe that is not 

7 eligible under subparagraph (A), to a local gov8 ernment that is eligible under this section. 

9 ‘‘(3) TRAINING.—Of the amounts made avail10 able under this subsection, the State or Indian tribe 

11 may use amounts required, but not to exceed 

12 $750,000 for a State, to train State and local build13 ing code officials to implement and enforce codes de14 scribed in paragraph (2). 

15 ‘‘(4) LOCAL GOVERNMENTS.—States may share 

16 grants under this subsection with local governments 

17 that implement and enforce the codes. 

18 ‘‘(g) STRETCH CODES AND ADVANCED STAND19 ARDS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall provide 

21 technical and financial support for the development 

22 of stretch codes and advanced standards for residen23 tial and commercial buildings for use as— 


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1 ‘‘(A) an option for adoption as a building 

2 energy code by State, local, or tribal govern3 ments; and 

4 ‘‘(B) guidelines for energy-efficient build5 ing design. 

6 ‘‘(2) TARGETS.—The stretch codes and ad7 vanced standards shall be designed— 

8 ‘‘(A) to achieve substantial energy savings 

9 compared to the model building energy codes; 

10 and 

11 ‘‘(B) to meet targets under section 307(b), 

12 if available, at least 3 to 6 years in advance of 

13 the target years. 

14 ‘‘(h) STUDIES.—The Secretary, in consultation with 

15 building science experts from the National Laboratories 

16 and institutions of higher education, designers and build17 ers of energy-efficient residential and commercial build18 ings, code officials, and other stakeholders, shall under19 take a study of the feasibility, impact, economics, and 

20 merit of— 

21 ‘‘(1) code improvements that would require that 

22 buildings be designed, sited, and constructed in a 

23 manner that makes the buildings more adaptable in 

24 the future to become zero-net-energy after initial 


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1 construction, as advances are achieved in energy-sav2 ing technologies; 

3 ‘‘(2) code procedures to incorporate measured 

4 lifetimes, not just first-year energy use, in trade-offs 

5 and performance calculations; and 

6 ‘‘(3) legislative options for increasing energy 

7 savings from building energy codes, including addi8 tional incentives for effective State and local action, 

9 and verification of compliance with and enforcement 

10 of a code other than by a State or local government. 

11 ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec12 tion or section 307 supersedes or modifies the application 

13 of sections 321 through 346 of the Energy Policy and 

14 Conservation Act (42 U.S.C. 6291 et seq.). 

15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section 

17 and section 307 $200,000,000, to remain available until 

18 expended.’’. 

19 (c) FEDERAL BUILDING ENERGY EFFICIENCY

20 STANDARDS.—Section 305 of the Energy Conservation 

21 and Production Act (42 U.S.C. 6834) is amended by strik22 ing ‘‘voluntary building energy code’’ each place it appears 

23 in subsections (a)(2)(B) and (b) and inserting ‘‘model 

24 building energy code’’. 


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1 (d) MODEL BUILDING ENERGY CODES.—Section 307 

2 of the Energy Conservation and Production Act (42 

3 U.S.C. 6836) is amended to read as follows: 

4 ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 

5 CODES. 

6 ‘‘(a) IN GENERAL.—The Secretary shall support the 

7 updating of model building energy codes. 

8 ‘‘(b) TARGETS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall sup10 port the updating of the model building energy codes 

11 to enable the achievement of aggregate energy sav12 ings targets established under paragraph (2). 

13 ‘‘(2) TARGETS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 work with States, local governments, and In16 dian tribes, nationally recognized code and 

17 standards developers, and other interested par18 ties to support the updating of model building 

19 energy codes by establishing one or more aggre20 gate energy savings targets to achieve the pur21 poses of this section. 

22 ‘‘(B) SEPARATE TARGETS.—The Secretary 

23 may establish separate targets for commercial 

24 and residential buildings. 


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1 ‘‘(C) BASELINES.—The baseline for updat2 ing model building energy codes shall be the 

3 2009 IECC for residential buildings and 

4 ASHRAE Standard 90.1–2010 for commercial 

5 buildings. 

6 ‘‘(D) SPECIFIC YEARS.— 

7 ‘‘(i) IN GENERAL.—Targets for spe8 cific years shall be established and revised 

9 by the Secretary through rulemaking and 

10 coordinated with nationally recognized code 

11 and standards developers at a level that— 

12 ‘‘(I) is at the maximum level of 

13 energy efficiency that is techno14 logically feasible and life-cycle cost ef15 fective, while accounting for the eco16 nomic considerations under paragraph 

17 (4); 

18 ‘‘(II) is higher than the preceding 

19 target; and 

20 ‘‘(III) promotes the achievement 

21 of commercial and residential high22 performance buildings through high23 performance energy efficiency (within 

24 the meaning of section 401 of the EnVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 ergy Independence and Security Act 

2 of 2007 (42 U.S.C. 17061)). 

3 ‘‘(ii) INITIAL TARGETS.—Not later 

4 than 1 year after the date of enactment of 

5 this clause, the Secretary shall establish 

6 initial targets under this subparagraph. 

7 ‘‘(iii) DIFFERENT TARGET YEARS.— 

8 Subject to clause (i), prior to the applica9 ble year, the Secretary may set a later tar10 get year for any of the model building en11 ergy codes described in subparagraph (A) 

12 if the Secretary determines that a target 

13 cannot be met. 

14 ‘‘(iv) SMALL BUSINESS.—When estab15 lishing targets under this paragraph 

16 through rulemaking, the Secretary shall 

17 ensure compliance with the Small Business 

18 Regulatory Enforcement Fairness Act of 

19 1996 (5 U.S.C. 601 note; Public Law 104– 

20 121). 

21 ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC22 TORS AFFECTING BUILDING ENERGY USE.—In es23 tablishing building code targets under paragraph 

24 (2), the Secretary shall develop and adjust the tarVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 gets in recognition of potential savings and costs re2 lating to— 

3 ‘‘(A) efficiency gains made in appliances, 

4 lighting, windows, insulation, and building enve5 lope sealing; 

6 ‘‘(B) advancement of distributed genera7 tion and on-site renewable power generation 

8 technologies; 

9 ‘‘(C) equipment improvements for heating, 

10 cooling, and ventilation systems; 

11 ‘‘(D) building management systems and 

12 SmartGrid technologies to reduce energy use; 

13 and 

14 ‘‘(E) other technologies, practices, and 

15 building systems that the Secretary considers 

16 appropriate regarding building plug load and 

17 other energy uses. 

18 ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab19 lishing and revising building code targets under 

20 paragraph (2), the Secretary shall consider the eco21 nomic feasibility of achieving the proposed targets 

22 established under this section and the potential costs 

23 and savings for consumers and building owners, in24 cluding a return on investment analysis. 


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1 ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING

2 ENERGY CODE-SETTING AND STANDARD DEVELOPMENT

3 ORGANIZATIONS.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

5 timely basis, provide technical assistance to model 

6 building energy code-setting and standard develop7 ment organizations consistent with the goals of this 

8 section. 

9 ‘‘(2) ASSISTANCE.—The assistance shall in10 clude, as requested by the organizations, technical 

11 assistance in— 

12 ‘‘(A) evaluating code or standards pro13 posals or revisions; 

14 ‘‘(B) building energy analysis and design 

15 tools; 

16 ‘‘(C) building demonstrations; 

17 ‘‘(D) developing definitions of energy use 

18 intensity and building types for use in model 

19 building energy codes to evaluate the efficiency 

20 impacts of the model building energy codes; 

21 ‘‘(E) performance-based standards; 

22 ‘‘(F) evaluating economic considerations 

23 under subsection (b)(4); and 


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1 ‘‘(G) developing model building energy 

2 codes by Indian tribes in accordance with tribal 

3 law. 

4 ‘‘(3) AMENDMENT PROPOSALS.—The Secretary 

5 may submit timely model building energy code 

6 amendment proposals to the model building energy 

7 code-setting and standard development organiza8 tions, with supporting evidence, sufficient to enable 

9 the model building energy codes to meet the targets 

10 established under subsection (b)(2). 

11 ‘‘(4) ANALYSIS METHODOLOGY.—The Secretary 

12 shall make publicly available the entire calculation 

13 methodology (including input assumptions and data) 

14 used by the Secretary to estimate the energy savings 

15 of code or standard proposals and revisions. 

16 ‘‘(d) DETERMINATION.— 

17 ‘‘(1) REVISION OF MODEL BUILDING ENERGY

18 CODES.—If the provisions of the IECC or ASHRAE 

19 Standard 90.1 regarding building energy use are re20 vised, the Secretary shall make a preliminary deter21 mination not later than 90 days after the date of the 

22 revision, and a final determination not later than 15 

23 months after the date of the revision, on whether or 

24 not the revision will— 


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1 ‘‘(A) improve energy efficiency in buildings 

2 compared to the existing model building energy 

3 code; and 

4 ‘‘(B) meet the applicable targets under 

5 subsection (b)(2). 

6 ‘‘(2) CODES OR STANDARDS NOT MEETING TAR7 GETS.— 

8 ‘‘(A) IN GENERAL.—If the Secretary 

9 makes a preliminary determination under para10 graph (1)(B) that a code or standard does not 

11 meet the targets established under subsection 

12 (b)(2), the Secretary may at the same time pro13 vide the model building energy code or standard 

14 developer with proposed changes that would re15 sult in a model building energy code that meets 

16 the targets and with supporting evidence, tak17 ing into consideration— 

18 ‘‘(i) whether the modified code is tech19 nically feasible and life-cycle cost effective; 

20 ‘‘(ii) available appliances, technologies, 

21 materials, and construction practices; and 

22 ‘‘(iii) the economic considerations 

23 under subsection (b)(4). 

24 ‘‘(B) INCORPORATION OF CHANGES.— 


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1 ‘‘(i) IN GENERAL.—On receipt of the 

2 proposed changes, the model building en3 ergy code or standard developer shall have 

4 an additional 270 days to accept or reject 

5 the proposed changes of the Secretary to 

6 the model building energy code or standard 

7 for the Secretary to make a final deter8 mination. 

9 ‘‘(ii) FINAL DETERMINATION.—A 

10 final determination under paragraph (1) 

11 shall be on the modified model building en12 ergy code or standard. 

13 ‘‘(e) ADMINISTRATION.—In carrying out this section, 

14 the Secretary shall— 

15 ‘‘(1) publish notice of targets and supporting 

16 analysis and determinations under this section in the 

17 Federal Register to provide an explanation of and 

18 the basis for such actions, including any supporting 

19 modeling, data, assumptions, protocols, and cost20 benefit analysis, including return on investment; and 

21 ‘‘(2) provide an opportunity for public comment 

22 on targets and supporting analysis and determina23 tions under this section. 

24 ‘‘(f) VOLUNTARY CODES AND STANDARDS.—Not25 withstanding any other provision of this section, any 


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1 model building code or standard established under section 

2 304 shall not be binding on a State, local government, or 

3 Indian tribe as a matter of Federal law.’’. 

4 SEC. 1002. BUDGET-NEUTRAL DEMONSTRATION PROGRAM 

5 FOR ENERGY AND WATER CONSERVATION IM6 PROVEMENTS AT MULTIFAMILY RESIDEN7 TIAL UNITS. 

8 (a) ESTABLISHMENT.—The Secretary of Housing 

9 and Urban Development (referred to in this section as the 

10 ‘‘Secretary’’) shall establish a demonstration program 

11 under which, during the period beginning on the date of 

12 enactment of this Act, and ending on September 30, 2018, 

13 the Secretary may enter into budget-neutral, performance14 based agreements that result in a reduction in energy or 

15 water costs with such entities as the Secretary determines 

16 to be appropriate under which the entities shall carry out 

17 projects for energy or water conservation improvements at 

18 not more than 20,000 residential units in multifamily 

19 buildings participating in— 

20 (1) the project-based rental assistance program 

21 under section 8 of the United States Housing Act of 

22 1937 (42 U.S.C. 1437f), other than assistance pro23 vided under section 8(o) of that Act; 


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1 (2) the supportive housing for the elderly pro2 gram under section 202 of the Housing Act of 1959 

3 (12 U.S.C. 1701q); or 

4 (3) the supportive housing for persons with dis5 abilities program under section 811(d)(2) of the 

6 Cranston-Gonzalez National Affordable Housing Act 

7 (42 U.S.C. 8013(d)(2)). 

8 (b) REQUIREMENTS.— 

9 (1) PAYMENTS CONTINGENT ON SAVINGS.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide to an entity a payment under an agree12 ment under this section only during applicable 

13 years for which an energy or water cost savings 

14 is achieved with respect to the applicable multi15 family portfolio of properties, as determined by 

16 the Secretary, in accordance with subparagraph 

17 (B). 

18 (B) PAYMENT METHODOLOGY.— 

19 (i) IN GENERAL.—Each agreement 

20 under this section shall include a pay-for21 success provision— 

22 (I) that will serve as a payment 

23 threshold for the term of the agree24 ment; and 


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1 (II) pursuant to which the De2 partment of Housing and Urban De3 velopment shall share a percentage of 

4 the savings at a level determined by 

5 the Secretary that is sufficient to 

6 cover the administrative costs of car7 rying out this section. 

8 (ii) LIMITATIONS.—A payment made 

9 by the Secretary under an agreement 

10 under this section shall— 

11 (I) be contingent on documented 

12 utility savings; and 

13 (II) not exceed the utility savings 

14 achieved by the date of the payment, 

15 and not previously paid, as a result of 

16 the improvements made under the 

17 agreement. 

18 (C) THIRD PARTY VERIFICATION.—Savings 

19 payments made by the Secretary under this sec20 tion shall be based on a measurement and 

21 verification protocol that includes at least— 

22 (i) establishment of a weather-normal23 ized and occupancy-normalized utility con24 sumption baseline established preretrofit; 


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1 (ii) annual third party confirmation of 

2 actual utility consumption and cost for 

3 owner-paid utilities; 

4 (iii) annual third party validation of 

5 the tenant utility allowances in effect dur6 ing the applicable year and vacancy rates 

7 for each unit type; and 

8 (iv) annual third party determination 

9 of savings to the Secretary. 

10 (2) TERM.—The term of an agreement under 

11 this section shall be not longer than 12 years. 

12 (3) ENTITY ELIGIBILITY.—The Secretary 

13 shall— 

14 (A) establish a competitive process for en15 tering into agreements under this section; and 

16 (B) enter into such agreements only with 

17 entities that demonstrate significant experience 

18 relating to— 

19 (i) financing and operating properties 

20 receiving assistance under a program de21 scribed in subsection (a); 

22 (ii) oversight of energy and water con23 servation programs, including oversight of 

24 contractors; and 


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1 (iii) raising capital for energy and 

2 water conservation improvements from 

3 charitable organizations or private inves4 tors. 

5 (4) GEOGRAPHICAL DIVERSITY.—Each agree6 ment entered into under this section shall provide 

7 for the inclusion of properties with the greatest fea8 sible regional and State variance. 

9 (c) PLAN AND REPORTS.— 

10 (1) PLAN.—Not later than 90 days after the 

11 date of enactment of this Act, the Secretary shall 

12 submit to the Committees on Appropriations of the 

13 House of Representatives and the Senate, the Com14 mittee on Energy and Natural Resources of the Sen15 ate, and the Committee on Energy and Commerce of 

16 the House of Representatives a detailed plan for the 

17 implementation of this section. 

18 (2) REPORTS.—Not later than 1 year after the 

19 date of enactment of this Act, and annually there20 after, the Secretary shall— 

21 (A) conduct an evaluation of the program 

22 under this section; and 

23 (B) submit to Congress a report describing 

24 each evaluation conducted under subparagraph 

25 (A). 


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1 (d) FUNDING.—For each fiscal year during which an 

2 agreement under this section is in effect, the Secretary 

3 may use to carry out this section any funds appropriated 

4 to the Secretary for the renewal of contracts under a pro5 gram described in subsection (a). 

6 SEC. 1003. COORDINATION OF ENERGY RETROFITTING AS7 SISTANCE FOR SCHOOLS. 

8 (a) DEFINITION OF SCHOOL.—In this section, the 

9 term ‘‘school’’ means— 

10 (1) an elementary school or secondary school 

11 (as defined in section 9101 of the Elementary and 

12 Secondary Education Act of 1965 (20 U.S.C. 

13 7801)); 

14 (2) an institution of higher education (as de15 fined in section 102(a) of the Higher Education Act 

16 of 1965 (20 U.S.C. 1002(a)); 

17 (3) a school of the defense dependents’ edu18 cation system under the Defense Dependents’ Edu19 cation Act of 1978 (20 U.S.C. 921 et seq.) or estab20 lished under section 2164 of title 10, United States 

21 Code; 

22 (4) a school operated by the Bureau of Indian 

23 Affairs; 


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1 (5) a tribally controlled school (as defined in 

2 section 5212 of the Tribally Controlled Schools Act 

3 of 1988 (25 U.S.C. 2511)); and 

4 (6) a Tribal College or University (as defined in 

5 section 316(b) of the Higher Education Act of 1965 

6 (20 U.S.C. 1059c(b))). 

7 (b) DESIGNATION OF LEAD AGENCY.—The Sec8 retary, acting through the Office of Energy Efficiency and 

9 Renewable Energy, shall act as the lead Federal agency 

10 for coordinating and disseminating information on exist11 ing Federal programs and assistance that may be used 

12 to help initiate, develop, and finance energy efficiency, re13 newable energy, and energy retrofitting projects for 

14 schools. 

15 (c) REQUIREMENTS.—In carrying out coordination 

16 and outreach under subsection (b), the Secretary shall— 

17 (1) in consultation and coordination with the 

18 appropriate Federal agencies, carry out a review of 

19 existing programs and financing mechanisms (in20 cluding revolving loan funds and loan guarantees) 

21 available in or from the Department of Agriculture, 

22 the Department of Energy, the Department of Edu23 cation, the Department of the Treasury, the Internal 

24 Revenue Service, the Environmental Protection 

25 Agency, and other appropriate Federal agencies with 


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1 jurisdiction over energy financing and facilitation 

2 that are currently used or may be used to help ini3 tiate, develop, and finance energy efficiency, renew4 able energy, and energy retrofitting projects for 

5 schools; 

6 (2) establish a Federal cross-departmental col7 laborative coordination, education, and outreach ef8 fort to streamline communication and promote avail9 able Federal opportunities and assistance described 

10 in paragraph (1) for energy efficiency, renewable en11 ergy, and energy retrofitting projects that enables 

12 States, local educational agencies, and schools— 

13 (A) to use existing Federal opportunities 

14 more effectively; and 

15 (B) to form partnerships with Governors, 

16 State energy programs, local educational, finan17 cial, and energy officials, State and local gov18 ernment officials, nonprofit organizations, and 

19 other appropriate entities to support the initi20 ation of the projects; 

21 (3) provide technical assistance for States, local 

22 educational agencies, and schools to help develop 

23 and finance energy efficiency, renewable energy, and 

24 energy retrofitting projects— 


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1 (A) to increase the energy efficiency of 

2 buildings or facilities; 

3 (B) to install systems that individually 

4 generate energy from renewable energy re5 sources; 

6 (C) to establish partnerships to leverage 

7 economies of scale and additional financing 

8 mechanisms available to larger clean energy ini9 tiatives; or 

10 (D) to promote— 

11 (i) the maintenance of health, environ12 mental quality, and safety in schools, in13 cluding the ambient air quality, through 

14 energy efficiency, renewable energy, and 

15 energy retrofit projects; and 

16 (ii) the achievement of expected en17 ergy savings and renewable energy produc18 tion through proper operations and main19 tenance practices; 

20 (4) develop and maintain a single online re21 source website with contact information for relevant 

22 technical assistance and support staff in the Office 

23 of Energy Efficiency and Renewable Energy for 

24 States, local educational agencies, and schools to ef25 fectively access and use Federal opportunities and 


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1 assistance described in paragraph (1) to develop en2 ergy efficiency, renewable energy, and energy retro3 fitting projects; and 

4 (5) establish a process for recognition of schools 

5 that— 

6 (A) have successfully implemented energy 

7 efficiency, renewable energy, and energy retro8 fitting projects; and 

9 (B) are willing to serve as resources for 

10 other local educational agencies and schools to 

11 assist initiation of similar efforts. 

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

13 of enactment of this Act, the Secretary shall submit to 

14 Congress a report describing the implementation of this 

15 section. 

16 SEC. 1004. ENERGY EFFICIENCY RETROFIT PILOT PRO17 GRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPLICANT.—The term ‘‘applicant’’ means 

20 a nonprofit organization that applies for a grant 

21 under this section. 

22 (2) ENERGY-EFFICIENCY IMPROVEMENT.— 

23 (A) IN GENERAL.—The term ‘‘energy-effi24 ciency improvement’’ means an installed meas25 ure (including a product, equipment, system, 


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1 service, or practice) that results in a reduction 

2 in use by a nonprofit organization for energy or 

3 fuel supplied from outside the nonprofit build4 ing. 

5 (B) INCLUSIONS.—The term ‘‘energy-effi6 ciency improvement’’ includes an installed 

7 measure described in subparagraph (A) involv8 ing— 

9 (i) repairing, replacing, or installing— 

10 (I) a roof or lighting system, or 

11 component of a roof or lighting sys12 tem; 

13 (II) a window; 

14 (III) a door, including a security 

15 door; or 

16 (IV) a heating, ventilation, or air 

17 conditioning system or component of 

18 the system (including insulation and 

19 wiring and plumbing improvements 

20 needed to serve a more efficient sys21 tem); 

22 (ii) a renewable energy generation or 

23 heating system, including a solar, photo24 voltaic, wind, geothermal, or biomass (inVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 cluding wood pellet) system or component 

2 of the system; and 

3 (iii) any other measure taken to mod4 ernize, renovate, or repair a nonprofit 

5 building to make the nonprofit building 

6 more energy efficient. 

7 (3) NONPROFIT BUILDING.— 

8 (A) IN GENERAL.—The term ‘‘nonprofit 

9 building’’ means a building operated and owned 

10 by a nonprofit organization. 

11 (B) INCLUSIONS.—The term ‘‘nonprofit 

12 building’’ includes a building described in sub13 paragraph (A) that is— 

14 (i) a hospital; 

15 (ii) a youth center; 

16 (iii) a school; 

17 (iv) a social-welfare program facility; 

18 (v) a faith-based organization; and 

19 (vi) any other nonresidential and non20 commercial structure. 

21 (b) ESTABLISHMENT.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary shall es23 tablish a pilot program to award grants for the purpose 

24 of retrofitting nonprofit buildings with energy-efficiency 

25 improvements. 


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1 (c) GRANTS.— 

2 (1) IN GENERAL.—The Secretary may award 

3 grants under the program established under sub4 section (b). 

5 (2) APPLICATION.—The Secretary may award a 

6 grant under this section if an applicant submits to 

7 the Secretary an application at such time, in such 

8 form, and containing such information as the Sec9 retary may prescribe. 

10 (3) CRITERIA FOR GRANT.—In determining 

11 whether to award a grant under this section, the 

12 Secretary shall apply performance-based criteria, 

13 which shall give priority to applications based on— 

14 (A) the energy savings achieved; 

15 (B) the cost-effectiveness of the energy-ef16 ficiency improvement; 

17 (C) an effective plan for evaluation, meas18 urement, and verification of energy savings; 

19 (D) the financial need of the applicant; 

20 and 

21 (E) the percentage of the matching con22 tribution by the applicant. 

23 (4) LIMITATION ON INDIVIDUAL GRANT

24 AMOUNT.—Each grant awarded under this section 

25 shall not exceed— 


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1 (A) an amount equal to 50 percent of the 

2 energy-efficiency improvement; and 

3 (B) $200,000. 

4 (5) COST SHARING.— 

5 (A) IN GENERAL.—A grant awarded under 

6 this section shall be subject to a minimum non7 Federal cost-sharing requirement of 50 percent. 

8 (B) IN-KIND CONTRIBUTIONS.—The non9 Federal share may be provided in the form of 

10 in-kind contributions of materials or services. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to carry out this section 

13 $10,000,000 for each of fiscal years 2016 through 2020, 

14 to remain available until expended. 

15 SEC. 1005. UTILITY ENERGY SERVICE CONTRACTS. 

16 Section 546 of the National Energy Conservation 

17 Policy Act (42 U.S.C. 8256) is amended by adding at the 

18 end the following: 

19 ‘‘(f) UTILITY ENERGY SERVICE CONTRACTS.— 

20 ‘‘(1) IN GENERAL.—Each Federal agency may 

21 use, to the maximum extent practicable, measures 

22 provided by law to meet energy efficiency and con23 servation mandates and laws, including through util24 ity energy service contracts. 


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1 ‘‘(2) CONTRACT PERIOD.—The term of a utility 

2 energy service contract entered into by a Federal 

3 agency may have a contract period that extends be4 yond 10 years, but not to exceed 25 years. 

5 ‘‘(3) REQUIREMENTS.—The conditions of a util6 ity energy service contract entered into by a Federal 

7 agency shall include requirements for measurement, 

8 verification, and performance assurances or guaran9 tees of the savings.’’. 

10 SEC. 1006. USE OF ENERGY AND WATER EFFICIENCY MEAS11 URES IN FEDERAL BUILDINGS. 

12 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec13 tion 543(f)(4) of the National Energy Conservation Policy 

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

15 (1) by redesignating subparagraphs (A) and 

16 (B) as clauses (i) and (ii), respectively, and indent17 ing appropriately; 

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

19 the following: 

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

21 (3) by adding at the end the following: 

22 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

23 Each energy manager, as part of the certifi24 cation system under paragraph (7) and using 

25 guidelines developed by the Secretary, shall proVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 vide an explanation regarding any life-cycle 

2 cost-effective measures described in subpara3 graph (A)(i) that have not been implemented.’’. 

4 (b) REPORTS.—Section 548(b) of the National En5 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

6 amended— 

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

8 end; 

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

10 the end and inserting ‘‘; and’’; and 

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

12 ‘‘(5)(A) the status of the energy savings per13 formance contracts and utility energy service con14 tracts of each agency; 

15 ‘‘(B) the investment value of the contracts; 

16 ‘‘(C) the guaranteed energy savings for the pre17 vious year as compared to the actual energy savings 

18 for the previous year; 

19 ‘‘(D) the plan for entering into the contracts in 

20 the coming year; and 

21 ‘‘(E) information explaining why any previously 

22 submitted plans for the contracts were not imple23 mented.’’. 

24 (c) DEFINITION OF ENERGY CONSERVATION MEAS25 URES.—Section 551(4) of the National Energy ConservaVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik2 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi3 ties, or energy consuming devices and required support 

4 structures’’. 

5 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec6 tion 801(a)(2)(F) of the National Energy Conservation 

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

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

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

10 end and inserting ‘‘; or’’; and 

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

12 ‘‘(iii) limit the recognition of oper13 ation and maintenance savings associated 

14 with systems modernized or replaced with 

15 the implementation of energy conservation 

16 measures, water conservation measures, or 

17 any combination of energy conservation 

18 measures and water conservation meas19 ures.’’. 

20 (e) MISCELLANEOUS AUTHORITY.—Section 

21 801(a)(2) of the National Energy Conservation Policy Act 

22 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

23 the following: 

24 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not25 withstanding any other provision of law, a FedVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 eral agency may sell or transfer energy savings 

2 and apply the proceeds of the sale or transfer 

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

4 (f) PAYMENT OF COSTS.—Section 802 of the Na5 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

6 is amended by striking ‘‘(and related operation and main7 tenance expenses)’’ and inserting ‘‘, including related op8 erations and maintenance expenses’’. 

9 (g) DEFINITION OF FEDERAL BUILDING.—Section 

10 551(6) of the National Energy Conservation Policy Act 

11 (42 U.S.C. 8259(6)) is amended by striking the semicolon 

12 at the end and inserting ‘‘the term does not include a dam, 

13 reservoir, or hydropower facility owned or operated by a 

14 Federal agency;’’. 

15 (h) DEFINITION OF ENERGY SAVINGS.—Section 

16 804(2) of the National Energy Conservation Policy Act 

17 (42 U.S.C. 8287c(2)) is amended— 

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

19 owned building or buildings or other federally owned 

20 facilities’’ and inserting ‘‘Federal building (as de21 fined in section 551)’’ each place it appears; 

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

23 and inserting a semicolon; 

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

25 at the end and inserting a semicolon; and 


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

2 ‘‘(E) the use, sale, or transfer of energy in3 centives, rebates, or credits (including renew4 able energy credits) from Federal, State, or 

5 local governments or utilities; and 

6 ‘‘(F) any revenue generated from a reduc7 tion in energy or water use, more efficient 

8 waste recycling, or additional energy generated 

9 from more efficient equipment.’’. 

10 SEC. 1007. BUILDING TRAINING AND ASSESSMENT CEN11 TERS. 

12 (a) IN GENERAL.—The Secretary shall provide 

13 grants to institutions of higher education (as defined in 

14 section 101 of the Higher Education Act of 1965 (20 

15 U.S.C. 1001)) and Tribal Colleges or Universities (as de16 fined in section 316(b) of that Act (20 U.S.C. 1059c(b))) 

17 to establish building training and assessment centers— 

18 (1) to identify opportunities for optimizing en19 ergy efficiency and environmental performance in 

20 buildings; 

21 (2) to promote the application of emerging con22 cepts and technologies in commercial and institu23 tional buildings; 

24 (3) to train engineers, architects, building sci25 entists, building energy permitting and enforcement 


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1 officials, and building technicians in energy-efficient 

2 design and operation; 

3 (4) to assist institutions of higher education 

4 and Tribal Colleges or Universities in training build5 ing technicians; 

6 (5) to promote research and development for 

7 the use of alternative energy sources and distributed 

8 generation to supply heat and power for buildings, 

9 particularly energy-intensive buildings; and 

10 (6) to coordinate with and assist State-accred11 ited technical training centers, community colleges, 

12 Tribal Colleges or Universities, and local offices of 

13 the National Institute of Food and Agriculture and 

14 ensure appropriate services are provided under this 

15 section to each region of the United States. 

16 (b) COORDINATION AND NONDUPLICATION.— 

17 (1) IN GENERAL.—The Secretary shall coordi18 nate the program with the industrial research and 

19 assessment centers program and with other Federal 

20 programs to avoid duplication of effort. 

21 (2) COLLOCATION.—To the maximum extent 

22 practicable, building, training, and assessment cen23 ters established under this section shall be collocated 

24 with Industrial Assessment Centers. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000, to remain available until expended. 

4 SEC. 1008. CAREER SKILLS TRAINING. 

5 (a) IN GENERAL.—The Secretary shall pay grants to 

6 eligible entities described in subsection (b) to pay the Fed7 eral share of associated career skills training programs 

8 under which students concurrently receive classroom in9 struction and on-the-job training for the purpose of ob10 taining an industry-related certification to install energy 

11 efficient buildings technologies, including technologies de12 scribed in section 307(b)(3) of the Energy Conservation 

13 and Production Act (42 U.S.C. 6836(b)(3)). 

14 (b) ELIGIBILITY.—To be eligible to obtain a grant 

15 under subsection (a), an entity shall be a nonprofit part16 nership described in section 171(e)(2)(B)(ii) of the Work17 force Investment Act of 1998 (29 U.S.C. 

18 2916(e)(2)(B)(ii)). 

19 (c) FEDERAL SHARE.—The Federal share of the cost 

20 of carrying out a career skills training program described 

21 in subsection (a) shall be 50 percent. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to carry out this section 

24 $10,000,000, to remain available until expended. 


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1 SEC. 1009. ENERGY-EFFICIENT AND ENERGY-SAVING IN2 FORMATION TECHNOLOGIES. 

3 Section 543 of the National Energy Conservation 

4 Policy Act (42 U.S.C. 8253) is amended by adding at the 

5 end the following: 

6 ‘‘(h) FEDERAL IMPLEMENTATION STRATEGY FOR

7 ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION

8 TECHNOLOGIES.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) DIRECTOR.—The term ‘Director’ 

11 means the Director of the Office of Manage12 ment and Budget. 

13 ‘‘(B) INFORMATION TECHNOLOGY.—The 

14 term ‘information technology’ has the meaning 

15 given the term in section 11101 of title 40, 

16 United States Code. 

17 ‘‘(2) DEVELOPMENT OF IMPLEMENTATION

18 STRATEGY.—Not later than 1 year after the date of 

19 enactment of this subsection, each Federal agency 

20 shall collaborate with the Director to develop an im21 plementation strategy (including best-practices and 

22 measurement and verification techniques) for the 

23 maintenance, purchase, and use by the Federal 

24 agency of energy-efficient and energy-saving infor25 mation technologies. 


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1 ‘‘(3) ADMINISTRATION.—In developing an im2 plementation strategy, each Federal agency shall 

3 consider— 

4 ‘‘(A) advanced metering infrastructure; 

5 ‘‘(B) energy efficient data center strategies 

6 and methods of increasing asset and infrastruc7 ture utilization; 

8 ‘‘(C) advanced power management tools; 

9 ‘‘(D) building information modeling, in10 cluding building energy management; and 

11 ‘‘(E) secure telework and travel substi12 tution tools. 

13 ‘‘(4) PERFORMANCE GOALS.— 

14 ‘‘(A) IN GENERAL.—Not later than Sep15 tember 30, 2015, the Director, in consultation 

16 with the Secretary, shall establish performance 

17 goals for evaluating the efforts of Federal agen18 cies in improving the maintenance, purchase, 

19 and use of energy-efficient and energy-saving 

20 information technology systems. 

21 ‘‘(B) BEST PRACTICES.—The Chief Infor22 mation Officers Council established under sec23 tion 3603 of title 44, United States Code, shall 

24 supplement the performance goals established 

25 under this paragraph with recommendations on 


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1 best practices for the attainment of the per2 formance goals, to include a requirement for 

3 agencies to consider the use of— 

4 ‘‘(i) energy savings performance con5 tracting; and 

6 ‘‘(ii) utility energy services con7 tracting. 

8 ‘‘(5) REPORTS.— 

9 ‘‘(A) AGENCY REPORTS.—Each Federal 

10 agency subject to the requirements of this sub11 section shall include in the report of the agency 

12 under section 527 of the Energy Independence 

13 and Security Act of 2007 (42 U.S.C. 17143) a 

14 description of the efforts and results of the 

15 agency under this subsection. 

16 ‘‘(B) OMB GOVERNMENT EFFICIENCY RE17 PORTS AND SCORECARDS.—Effective beginning 

18 not later than October 1, 2015, the Director 

19 shall include in the annual report and scorecard 

20 of the Director required under section 528 of 

21 the Energy Independence and Security Act of 

22 2007 (42 U.S.C. 17144) a description of the ef23 forts and results of Federal agencies under this 

24 subsection. 


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1 ‘‘(C) USE OF EXISTING REPORTING STRUC2 TURES.—The Director may require Federal 

3 agencies to submit any information required to 

4 be submitted under this subsection though re5 porting structures in use as of the date of en6 actment of the Energy Policy Modernization 

7 Act of 2015.’’. 

8 SEC. 1010. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 

9 Section 3307 of title 40, United States Code, is 

10 amended— 

11 (1) by redesignating subsections (d) through (h) 

12 as subsections (e) through (i), respectively; and 

13 (2) by inserting after subsection (c) the fol14 lowing: 

15 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP16 DATES.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

18 for any project for which congressional approval is 

19 received under subsection (a) and for which the de20 sign has been substantially completed but construc21 tion has not begun, the Administrator of General 

22 Services may use appropriated funds to update the 

23 project design to meet applicable Federal building 

24 energy efficiency standards established under section 

25 305 of the Energy Conservation and Production Act 


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1 (42 U.S.C. 6834) and other requirements estab2 lished under section 3312. 

3 ‘‘(2) LIMITATION.—The use of funds under 

4 paragraph (1) shall not exceed 125 percent of the 

5 estimated energy or other cost savings associated 

6 with the updates as determined by a life cycle cost 

7 analysis under section 544 of the National Energy 

8 Conservation Policy Act (42 U.S.C. 8254).’’. 

9 SEC. 1011. ENERGY EFFICIENT DATA CENTERS. 

10 Section 453 of the Energy Independence and Security 

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

12 (1) in subsection (b)— 

13 (A) in paragraph (2)(D)(iv), by striking 

14 ‘‘the organization’’ and inserting ‘‘an organiza15 tion’’; and 

16 (B) by striking paragraph (3); and 

17 (2) by striking subsections (c) through (g) and 

18 inserting the following: 

19 ‘‘(c) STAKEHOLDER INVOLVEMENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary and the Ad21 ministrator shall carry out subsection (b) in con22 sultation with the information technology industry 

23 and other key stakeholders, with the goal of pro24 ducing results that accurately reflect the best knowl25 edge in the most pertinent domains. 


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1 ‘‘(2) CONSIDERATIONS.—In carrying out con2 sultation described in paragraph (1), the Secretary 

3 and the Administrator shall pay particular attention 

4 to organizations that— 

5 ‘‘(A) have members with expertise in en6 ergy efficiency and in the development, oper7 ation, and functionality of data centers, infor8 mation technology equipment, and software, in9 cluding representatives of hardware manufac10 turers, data center operators, and facility man11 agers; 

12 ‘‘(B) obtain and address input from the 

13 National Laboratories (as that term is defined 

14 in section 2 of the Energy Policy Act of 2005 

15 (42 U.S.C. 15801)) or any institution of higher 

16 education, research institution, industry asso17 ciation, company, or public interest group with 

18 applicable expertise; 

19 ‘‘(C) follow— 

20 ‘‘(i) commonly accepted procedures 

21 for the development of specifications; and 

22 ‘‘(ii) accredited standards development 

23 processes; or 


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1 ‘‘(D) have a mission to promote energy ef2 ficiency for data centers and information tech3 nology. 

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

5 Secretary and the Administrator shall consider and assess 

6 the adequacy of the specifications, measurements, and 

7 benchmarks described in subsection (b) for use by the 

8 Federal Energy Management Program, the Energy Star 

9 Program, and other efficiency programs of the Depart10 ment of Energy or the Environmental Protection Agency. 

11 ‘‘(e) STUDY.—The Secretary, in consultation with the 

12 Administrator, not later than 18 months after the date 

13 of enactment of the Energy Policy Modernization Act of 

14 2015, shall make available to the public an update to the 

15 report submitted to Congress pursuant to section 1 of the 

16 Act of December 20, 2006 (Public Law 109–431; 120 

17 Stat. 2920), entitled ‘Report to Congress on Server and 

18 Data Center Energy Efficiency’ and dated August 2, 

19 2007, that provides— 

20 ‘‘(1) a comparison and gap analysis of the esti21 mates and projections contained in the original re22 port with new data regarding the period from 2007 

23 through 2014; 


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1 ‘‘(2) an analysis considering the impact of in2 formation technologies, including virtualization and 

3 cloud computing, in the public and private sectors; 

4 ‘‘(3) an evaluation of the impact of the com5 bination of cloud platforms, mobile devices, social 

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

7 ‘‘(4) an evaluation of water usage in data cen8 ters and recommendations for reductions in such 

9 water usage; and 

10 ‘‘(5) updated projections and recommendations 

11 for best practices through fiscal year 2020. 

12 ‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO13 GRAM.— 

14 ‘‘(1) IN GENERAL.—The Secretary, in consulta15 tion with key stakeholders and the Director of the 

16 Office of Management and Budget, shall maintain a 

17 data center energy practitioner program that pro18 vides for the certification of energy practitioners 

19 qualified to evaluate the energy usage and efficiency 

20 opportunities in Federal data centers. 

21 ‘‘(2) EVALUATIONS.—Each Federal agency 

22 shall consider having the data centers of the agency 

23 evaluated once every 4 years by energy practitioners 

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1 ticable using certified practitioners employed by the 

2 agency. 

3 ‘‘(g) OPEN DATA INITIATIVE.— 

4 ‘‘(1) IN GENERAL.—The Secretary, in consulta5 tion with key stakeholders and the Director of the 

6 Office of Management and Budget, shall establish 

7 an open data initiative for Federal data center en8 ergy usage data, with the purpose of making the 

9 data available and accessible in a manner that en10 courages further data center innovation, optimiza11 tion, and consolidation. 

12 ‘‘(2) CONSIDERATION.—In establishing the ini13 tiative under paragraph (1), the Secretary shall con14 sider using the online Data Center Maturity Model. 

15 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND

16 METRICS.—The Secretary, in consultation with key stake17 holders, shall actively participate in efforts to harmonize 

18 global specifications and metrics for data center energy 

19 and water efficiency. 

20 ‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec21 retary, in collaboration with key stakeholders, shall facili22 tate in the development of an efficiency metric that meas23 ures the energy efficiency of a data center (including 

24 equipment and facilities). 


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

2 The Secretary and the Administrator shall not disclose 

3 any proprietary information or trade secrets provided by 

4 any individual or company for the purposes of carrying 

5 out this section or the programs and initiatives established 

6 under this section.’’. 

7 SEC. 1012. WEATHERIZATION ASSISTANCE PROGRAM. 

8 (a) REAUTHORIZATION OF WEATHERIZATION AS9 SISTANCE PROGRAM.—Section 422 of the Energy Con10 servation and Production Act (42 U.S.C. 6872) is amend11 ed by striking ‘‘appropriated—’’ and all that follows 

12 through the period at the end and inserting ‘‘appropriated 

13 $350,000,000 for each of fiscal years 2016 through 

14 2020.’’. 

15 (b) GRANTS FOR NEW, SELF-SUSTAINING LOW-IN16 COME, SINGLE-FAMILY AND MULTIFAMILY HOUSING EN17 ERGY RETROFIT MODEL PROGRAMS TO ELIGIBLE

18 MULTISTATE HOUSING AND ENERGY NONPROFIT ORGA19 NIZATIONS.—The Energy Conservation and Production 

20 Act is amended by inserting after section 414B (42 U.S.C. 

21 6864b) the following: 


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1 ‘‘SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-IN2 COME, SINGLE-FAMILY AND MULTIFAMILY 

3 HOUSING ENERGY RETROFIT MODEL PRO4 GRAMS TO ELIGIBLE MULTISTATE HOUSING 

5 AND ENERGY NONPROFIT ORGANIZATIONS. 

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

7 ‘‘(1) to expand the number of low-income, sin8 gle-family and multifamily homes that receive energy 

9 efficiency retrofits; 

10 ‘‘(2) to promote innovation and new models of 

11 retrofitting low-income homes through new Federal 

12 partnerships with covered organizations that lever13 age substantial donations, donated materials, volun14 teer labor, homeowner labor equity, and other pri15 vate sector resources; 

16 ‘‘(3) to assist the covered organizations in dem17 onstrating, evaluating, improving, and replicating 

18 widely the model low-income energy retrofit pro19 grams of the covered organizations; and 

20 ‘‘(4) to ensure that the covered organizations 

21 make the energy retrofit programs of the covered or22 ganizations self-sustaining by the time grant funds 

23 have been expended. 

24 ‘‘(b) DEFINITIONS.—In this section: 

25 ‘‘(1) COVERED ORGANIZATION.—The term ‘cov26 ered organization’ means an organization that— 


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1 ‘‘(A) is described in section 501(c)(3) of 

2 the Internal Revenue Code of 1986 and exempt 

3 from taxation under 501(a) of that Code; and 

4 ‘‘(B) has an established record of con5 structing, renovating, repairing, or making en6 ergy efficient a total of not less than 250 

7 owner-occupied, single-family or multifamily 

8 homes per year for low-income households, ei9 ther directly or through affiliates, chapters, or 

10 other direct partners (using the most recent 

11 year for which data are available). 

12 ‘‘(2) LOW-INCOME.—The term ‘low-income’ 

13 means an income level that is not more than 200 

14 percent of the poverty level (as determined in ac15 cordance with criteria established by the Director of 

16 the Office of Management and Budget) applicable to 

17 a family of the size involved, except that the Sec18 retary may establish a higher or lower level if the 

19 Secretary determines that a higher or lower level is 

20 necessary to carry out this section. 

21 ‘‘(3) WEATHERIZATION ASSISTANCE PROGRAM

22 FOR LOW-INCOME PERSONS.—The term ‘Weatheriza23 tion Assistance Program for Low-Income Persons’ 

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1 cluding part 440 of title 10, Code of Federal Regu2 lations, or successor regulations). 

3 ‘‘(c) COMPETITIVE GRANT PROGRAM.—The Sec4 retary shall make grants to covered organizations through 

5 a national competitive process for use in accordance with 

6 this section. 

7 ‘‘(d) AWARD FACTORS.—In making grants under this 

8 section, the Secretary shall consider— 

9 ‘‘(1) the number of low-income homes the appli10 cant— 

11 ‘‘(A) has built, renovated, repaired, or 

12 made more energy efficient as of the date of the 

13 application; and 

14 ‘‘(B) can reasonably be projected to build, 

15 renovate, repair, or make energy efficient dur16 ing the 10-year period beginning on the date of 

17 the application; 

18 ‘‘(2) the qualifications, experience, and past 

19 performance of the applicant, including experience 

20 successfully managing and administering Federal 

21 funds; 

22 ‘‘(3) the number and diversity of States and cli23 mates in which the applicant works as of the date 

24 of the application; 


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1 ‘‘(4) the amount of non-Federal funds, donated 

2 or discounted materials, discounted or volunteer 

3 skilled labor, volunteer unskilled labor, homeowner 

4 labor equity, and other resources the applicant will 

5 provide; 

6 ‘‘(5) the extent to which the applicant could 

7 successfully replicate the energy retrofit program of 

8 the applicant and sustain the program after the 

9 grant funds have been expended; 

10 ‘‘(6) regional diversity; 

11 ‘‘(7) urban, suburban, and rural localities; and 

12 ‘‘(8) such other factors as the Secretary deter13 mines to be appropriate. 

14 ‘‘(e) APPLICATIONS.— 

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

16 after the date of enactment of this section, the Sec17 retary shall request proposals from covered organiza18 tions. 

19 ‘‘(2) ADMINISTRATION.—To be eligible to re20 ceive a grant under this section, an applicant shall 

21 submit to the Secretary an application at such time, 

22 in such manner, and containing such information as 

23 the Secretary may require. 


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1 ‘‘(3) AWARDS.—Not later than 90 days after 

2 the date of issuance of a request for proposals, the 

3 Secretary shall award grants under this section. 

4 ‘‘(f) ELIGIBLE USES OF GRANT FUNDS.—A grant 

5 under this section may be used for— 

6 ‘‘(1) energy efficiency audits, cost-effective ret7 rofit, and related activities in different climatic re8 gions of the United States; 

9 ‘‘(2) energy efficiency materials and supplies; 

10 ‘‘(3) organizational capacity— 

11 ‘‘(A) to significantly increase the number 

12 of energy retrofits; 

13 ‘‘(B) to replicate an energy retrofit pro14 gram in other States; and 

15 ‘‘(C) to ensure that the program is self16 sustaining after the Federal grant funds are ex17 pended; 

18 ‘‘(4) energy efficiency, audit and retrofit train19 ing, and ongoing technical assistance; 

20 ‘‘(5) information to homeowners on proper 

21 maintenance and energy savings behaviors; 

22 ‘‘(6) quality control and improvement; 

23 ‘‘(7) data collection, measurement, and 

24 verification; 


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1 ‘‘(8) program monitoring, oversight, evaluation, 

2 and reporting; 

3 ‘‘(9) management and administration (up to a 

4 maximum of 10 percent of the total grant); 

5 ‘‘(10) labor and training activities; and 

6 ‘‘(11) such other activities as the Secretary de7 termines to be appropriate. 

8 ‘‘(g) MAXIMUM AMOUNT.— 

9 ‘‘(1) IN GENERAL.—The amount of a grant 

10 provided under this section shall not exceed— 

11 ‘‘(A) if the amount made available to carry 

12 out this section for a fiscal year is 

13 $225,000,000 or more, $5,000,000; and 

14 ‘‘(B) if the amount made available to carry 

15 out this section for a fiscal year is less than 

16 $225,000,000, $1,500,000. 

17 ‘‘(2) TECHNICAL AND TRAINING ASSISTANCE.— 

18 The total amount of a grant provided under this sec19 tion shall be reduced by the cost of any technical 

20 and training assistance provided by the Secretary 

21 that relates to the grant. 

22 ‘‘(h) GUIDELINES.— 

23 ‘‘(1) IN GENERAL.—Not later than 90 days 

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1 retary shall issue guidelines to implement the grant 

2 program established under this section. 

3 ‘‘(2) ADMINISTRATION.—The guidelines— 

4 ‘‘(A) shall not apply to the Weatherization 

5 Assistance Program for Low-Income Persons, 

6 in whole or major part; but 

7 ‘‘(B) may rely on applicable provisions of 

8 law governing the Weatherization Assistance 

9 Program for Low-Income Persons to estab10 lish— 

11 ‘‘(i) standards for allowable expendi12 tures; 

13 ‘‘(ii) a minimum savings-to-investment 

14 ratio; 

15 ‘‘(iii) standards— 

16 ‘‘(I) to carry out training pro17 grams; 

18 ‘‘(II) to conduct energy audits 

19 and program activities; 

20 ‘‘(III) to provide technical assist21 ance; 

22 ‘‘(IV) to monitor program activi23 ties; and 

24 ‘‘(V) to verify energy and cost 

25 savings; 


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1 ‘‘(iv) liability insurance requirements; 

2 and 

3 ‘‘(v) recordkeeping requirements, 

4 which shall include reporting to the Office 

5 of Weatherization and Intergovernmental 

6 Programs of the Department of Energy 

7 applicable data on each home retrofitted. 

8 ‘‘(i) REVIEW AND EVALUATION.—The Secretary shall 

9 review and evaluate the performance of any covered orga10 nization that receives a grant under this section (which 

11 may include an audit), as determined by the Secretary. 

12 ‘‘(j) COMPLIANCE WITH STATE AND LOCAL LAW.— 

13 Nothing in this section or any program carried out using 

14 a grant provided under this section supersedes or other15 wise affects any State or local law, to the extent that the 

16 State or local law contains a requirement that is more 

17 stringent than the applicable requirement of this section. 

18 ‘‘(k) ANNUAL REPORTS.—The Secretary shall submit 

19 to Congress annual reports that provide— 

20 ‘‘(1) findings; 

21 ‘‘(2) a description of energy and cost savings 

22 achieved and actions taken under this section; and 

23 ‘‘(3) any recommendations for further action. 

24 ‘‘(l) FUNDING.—Of the amount of funds that are 

25 made available to carry out the Weatherization Assistance 


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1 Program for each of fiscal years 2016 through 2020 under 

2 section 422, the Secretary shall use to carry out this sec3 tion for each of fiscal years 2016 through 2020 not less 

4 than— 

5 ‘‘(1) 2 percent of the amount if the amount is 

6 less than $225,000,000; 

7 ‘‘(2) 5 percent of the amount if the amount is 

8 $225,000,000 or more but less than $260,000,000; 

9 and 

10 ‘‘(3) 10 percent of the amount if the amount is 

11 $260,000,000 or more.’’. 

12 (c) STANDARDS PROGRAM.—Section 415 of the En13 ergy Conservation and Production Act (42 U.S.C. 6865) 

14 is amended by adding at the end the following: 

15 ‘‘(f) STANDARDS PROGRAM.— 

16 ‘‘(1) CONTRACTOR QUALIFICATION.—Effective 

17 beginning January 1, 2016, to be eligible to carry 

18 out weatherization using funds made available under 

19 this part, a contractor shall be selected through a 

20 competitive bidding process and be— 

21 ‘‘(A) accredited by the Building Perform22 ance Institute; 

23 ‘‘(B) an Energy Smart Home Performance 

24 Team accredited under the Residential Energy 

25 Services Network; or 


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1 ‘‘(C) accredited by an equivalent accredita2 tion or program accreditation-based State cer3 tification program approved by the Secretary. 

4 ‘‘(2) GRANTS FOR ENERGY RETROFIT MODEL

5 PROGRAMS.— 

6 ‘‘(A) IN GENERAL.—To be eligible to re7 ceive a grant under section 414C, a covered or8 ganization (as defined in section 414C(b)) shall 

9 use a crew chief who— 

10 ‘‘(i) is certified or accredited in ac11 cordance with paragraph (1); and 

12 ‘‘(ii) supervises the work performed 

13 with grant funds. 

14 ‘‘(B) VOLUNTEER LABOR.—A volunteer 

15 who performs work for a covered organization 

16 that receives a grant under section 414C shall 

17 not be required to be certified under this sub18 section if the volunteer is not directly installing 

19 or repairing mechanical equipment or other 

20 items that require skilled labor. 

21 ‘‘(C) TRAINING.—The Secretary shall use 

22 training and technical assistance funds available 

23 to the Secretary to assist covered organizations 

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1 tain certification required under this subsection, 

2 including provisional or temporary certification. 

3 ‘‘(3) MINIMUM EFFICIENCY STANDARDS.—Ef4 fective beginning October 1, 2016, the Secretary 

5 shall ensure that— 

6 ‘‘(A) each retrofit for which weatherization 

7 assistance is provided under this part meets 

8 minimum efficiency and quality of work stand9 ards established by the Secretary after weather10 ization of a dwelling unit; 

11 ‘‘(B) at least 10 percent of the dwelling 

12 units are randomly inspected by a third party 

13 accredited under this subsection to ensure com14 pliance with the minimum efficiency and quality 

15 of work standards established under subpara16 graph (A); and 

17 ‘‘(C) the standards established under this 

18 subsection meet or exceed the industry stand19 ards for home performance work that are in ef20 fect on the date of enactment of this subsection, 

21 as determined by the Secretary.’’. 

22 SEC. 1013. REAUTHORIZATION OF STATE ENERGY PRO23 GRAM. 

24 Section 365(f) of the Energy Policy and Conservation 

25 Act (42 U.S.C. 6325(f)) is amended by striking 


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1 ‘‘$125,000,000 for each of fiscal years 2007 through 

2 2012’’ and inserting ‘‘$90,000,000 for each of fiscal years 

3 2016 through 2020, of which not greater than 5 percent 

4 may be used to provide competitively awarded financial as5 sistance’’. 

6 SEC. 1014. SMART BUILDING ACCELERATION. 

7 (a) DEFINITIONS.—In this section: 

8 (1) PROGRAM.—The term ‘‘program’’ means 

9 the Federal Smart Building Program established 

10 under subsection (b)(1). 

11 (2) SMART BUILDING.—The term ‘‘smart build12 ing’’ means a building, or collection of buildings, 

13 with an energy system that— 

14 (A) is flexible and automated; 

15 (B) has extensive operational monitoring 

16 and communication connectivity, allowing re17 mote monitoring and analysis of all building 

18 functions; 

19 (C) takes a systems-based approach in in20 tegrating the overall building operations for 

21 control of energy generation, consumption, and 

22 storage; 

23 (D) communicates with utilities and other 

24 third-party commercial entities, if appropriate; 

25 and 


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1 (E) is cybersecure. 

2 (3) SMART BUILDING ACCELERATOR.—The 

3 term ‘‘smart building accelerator’’ means an initia4 tive that is designed to demonstrate specific innova5 tive policies and approaches— 

6 (A) with clear goals and a clear timeline; 

7 and 

8 (B) that, on successful demonstration, 

9 would accelerate investment in energy effi10 ciency. 

11 (b) FEDERAL SMART BUILDING PROGRAM.— 

12 (1) ESTABLISHMENT.—Not later than 1 year 

13 after the date of enactment of this Act, the Sec14 retary shall establish a program to be known as the 

15 ‘‘Federal Smart Building Program’’— 

16 (A) to implement smart building tech17 nology; and 

18 (B) to demonstrate the costs and benefits 

19 of smart buildings. 

20 (2) SELECTION.— 

21 (A) IN GENERAL.—The Secretary shall co22 ordinate the selection of not fewer than 1 build23 ing from among each of several key Federal 

24 agencies, as described in paragraph (4), to com25 pose an appropriately diverse set of smart 


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1 buildings based on size, type, and geographic lo2 cation. 

3 (B) INCLUSION OF COMMERCIALLY OPER4 ATED BUILDINGS.—In making selections under 

5 subparagraph (A), the Secretary may include 

6 buildings that are owned by the Federal Gov7 ernment but are commercially operated. 

8 (3) TARGETS.—Not later than 18 months after 

9 the date of enactment of this Act, the Secretary 

10 shall establish targets for the number of smart 

11 buildings to be commissioned and evaluated by key 

12 Federal agencies by 3 years and 6 years after the 

13 date of enactment of this Act. 

14 (4) FEDERAL AGENCY DESCRIBED.—The key 

15 Federal agencies referred to in this subsection shall 

16 include buildings operated by— 

17 (A) the Department of the Army; 

18 (B) the Department of the Navy; 

19 (C) the Department of the Air Force; 

20 (D) the Department; 

21 (E) the Department of the Interior; 

22 (F) the Department of Veterans Affairs; 

23 and 

24 (G) the General Services Administration. 


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1 (5) REQUIREMENT.—In implementing the pro2 gram, the Secretary shall leverage existing financing 

3 mechanisms including energy savings performance 

4 contracts, utility energy service contracts, and an5 nual appropriations. 

6 (6) EVALUATION.—Using the guidelines of the 

7 Federal Energy Management Program relating to 

8 whole-building evaluation, measurement, and 

9 verification, the Secretary shall evaluate the costs 

10 and benefits of the buildings selected under para11 graph (2), including an identification of— 

12 (A) which advanced building tech13 nologies— 

14 (i) are most cost-effective; and 

15 (ii) show the most promise for— 

16 (I) increasing building energy 

17 savings; 

18 (II) increasing service perform19 ance to building occupants; 

20 (III) reducing environmental im21 pacts; and 

22 (IV) establishing cybersecurity; 

23 and 

24 (B) any other information the Secretary 

25 determines to be appropriate. 


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1 (7) AWARDS.—The Secretary may expand 

2 awards made under the Federal Energy Manage3 ment Program and the Better Building Challenge to 

4 recognize specific agency achievements in accel5 erating the adoption of smart building technologies. 

6 (c) SURVEY OF PRIVATE SECTOR SMART BUILD7 INGS.— 

8 (1) SURVEY.—The Secretary shall conduct a 

9 survey of privately owned smart buildings through10 out the United States, including commercial build11 ings, laboratory facilities, hospitals, multifamily resi12 dential buildings, and buildings owned by nonprofit 

13 organizations and institutions of higher education. 

14 (2) SELECTION.—From among the smart build15 ings surveyed under paragraph (1), the Secretary 

16 shall select not fewer than 1 building each from an 

17 appropriate range of building sizes, types, and geo18 graphic locations. 

19 (3) EVALUATION.—Using the guidelines of the 

20 Federal Energy Management Program relating to 

21 whole-building evaluation, measurement, and 

22 verification, the Secretary shall evaluate the costs 

23 and benefits of the buildings selected under para24 graph (2), including an identification of— 


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1 (A) which advanced building technologies 

2 and systems— 

3 (i) are most cost-effective; and 

4 (ii) show the most promise for— 

5 (I) increasing building energy 

6 savings; 

7 (II) increasing service perform8 ance to building occupants; 

9 (III) reducing environmental im10 pacts; and 

11 (IV) establishing cybersecurity; 

12 and 

13 (B) any other information the Secretary 

14 determines to be appropriate. 

15 (d) LEVERAGING EXISTING PROGRAMS.— 

16 (1) BETTER BUILDING CHALLENGE.—As part 

17 of the Better Building Challenge of the Department, 

18 the Secretary, in consultation with major private 

19 sector property owners, shall develop smart building 

20 accelerators to demonstrate innovative policies and 

21 approaches that will accelerate the transition to 

22 smart buildings in the public, institutional, and com23 mercial buildings sectors. 

24 (2) RESEARCH AND DEVELOPMENT.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 conduct research and development to address 

3 key barriers to the integration of advanced 

4 building technologies and to accelerate the tran5 sition to smart buildings. 

6 (B) INCLUSION.—The research and devel7 opment conducted under subparagraph (A) 

8 shall include research and development on— 

9 (i) achieving whole-building, systems10 level efficiency through smart system and 

11 component integration; 

12 (ii) improving physical components, 

13 such as sensors and controls, to be adapt14 ive, anticipatory, and networked; 

15 (iii) reducing the cost of key compo16 nents to accelerate the adoption of smart 

17 building technologies; 

18 (iv) data management, including the 

19 capture and analysis of data and the inter20 operability of the energy systems; 

21 (v) protecting against cybersecurity 

22 threats and addressing security 

23 vulnerabilities of building systems or 

24 equipment; 


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1 (vi) business models, including how 

2 business models may limit the adoption of 

3 smart building technologies and how to 

4 support transactive energy; 

5 (vii) integration and application of 

6 combined heat and power systems and en7 ergy storage for resiliency; 

8 (viii) characterization of buildings and 

9 components; 

10 (ix) consumer and utility protections; 

11 (x) continuous management, including 

12 the challenges of managing multiple energy 

13 systems and optimizing systems for dis14 parate stakeholders; and 

15 (xi) other areas of research and devel16 opment, as determined appropriate by the 

17 Secretary. 

18 (e) REPORT.—Not later than 2 years after the date 

19 of enactment of this Act, and every 2 years thereafter until 

20 a total of 3 reports have been made, the Secretary shall 

21 submit to the Committee on Energy and Natural Re22 sources of the Senate and the Committee on Energy and 

23 Commerce of the House of Representatives a report on— 


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1 (1) the establishment of the Federal Smart 

2 Building Program and the evaluation of Federal 

3 smart buildings under subsection (b); 

4 (2) the survey and evaluation of private sector 

5 smart buildings under subsection (c); and 

6 (3) any recommendations of the Secretary to 

7 further accelerate the transition to smart buildings. 

8 SEC. 1015. REPEAL OF FOSSIL PHASE-OUT. 

9 Section 305(a)(3) of the Energy Conservation and 

10 Production Act (42 U.S.C. 6834(a)(3)) is amended by 

11 striking subparagraph (D). 

12 SEC. 1016. FEDERAL BUILDING ENERGY EFFICIENCY PER13 FORMANCE STANDARDS. 

14 (a) DEFINITIONS.—Section 303 of the Energy Con15 servation and Production Act (42 U.S.C. 6832) (as 

16 amended by section 1001(a)) is amended— 

17 (1) in paragraph (6), by striking ‘‘to be con18 structed’’ and inserting ‘‘constructed or altered’’; 

19 and 

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

21 ‘‘(19) MAJOR RENOVATION.—The term ‘major 

22 renovation’ means a modification of building energy 

23 systems sufficiently extensive that the whole building 

24 can meet energy standards for new buildings, based 


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1 on criteria to be established by the Secretary 

2 through notice and comment rulemaking.’’. 

3 (b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 

4 Section 305(a)(3) of the Energy Conservation and Pro5 duction Act (42 U.S.C. 6834(a)(3)) (as amended by sec6 tion 1015) is amended— 

7 (1) by striking ‘‘(3)(A) Not later than’’ and all 

8 that follows through subparagraph (B) and inserting 

9 the following: 

10 ‘‘(3) REVISED FEDERAL BUILDING ENERGY EF11 FICIENCY PERFORMANCE STANDARDS.— 

12 ‘‘(A) REVISED FEDERAL BUILDING EN13 ERGY EFFICIENCY PERFORMANCE STAND14 ARDS.— 

15 ‘‘(i) IN GENERAL.—Not later than 1 

16 year after the date of enactment of the En17 ergy Policy Modernization Act of 2015, the 

18 Secretary shall establish, by rule, revised 

19 Federal building energy efficiency perform20 ance standards that require that— 

21 ‘‘(I) new Federal buildings and 

22 alterations and additions to existing 

23 Federal buildings— 

24 ‘‘(aa) meet or exceed the 

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1 national Energy Conservation 

2 Code (in the case of residential 

3 buildings) or ASHRAE Standard 

4 90.1 (in the case of commercial 

5 buildings) as of the date of en6 actment of the Energy Policy 

7 Modernization Act of 2015; and 

8 ‘‘(bb) meet or exceed the en9 ergy provisions of State and local 

10 building codes applicable to the 

11 building, if the codes are more 

12 stringent than the International 

13 Energy Conservation Code or 

14 ASHRAE Standard 90.1, as ap15 plicable; 

16 ‘‘(II) unless demonstrated not to 

17 be life-cycle cost effective for new 

18 Federal buildings and Federal build19 ings with major renovations— 

20 ‘‘(aa) the buildings be de21 signed to achieve energy con22 sumption levels that are at least 

23 30 percent below the levels estab24 lished in the version of the 

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1 national Energy Conservation 

2 Code, as appropriate, that is ap3 plied under subclause (I)(aa), in4 cluding updates under subpara5 graph (B); and 

6 ‘‘(bb) sustainable design 

7 principles are applied to the loca8 tion, siting, design, and construc9 tion of all new Federal buildings 

10 and replacement Federal build11 ings; 

12 ‘‘(III) if water is used to achieve 

13 energy efficiency, water conservation 

14 technologies shall be applied to the ex15 tent that the technologies are life16 cycle cost effective; and 

17 ‘‘(IV) if life-cycle cost effective, 

18 as compared to other reasonably avail19 able technologies, not less than 30 

20 percent of the hot water demand for 

21 each new Federal building or Federal 

22 building undergoing a major renova23 tion be met through the installation 

24 and use of solar hot water heaters. 


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1 ‘‘(ii) LIMITATION.—Clause (i)(I) shall 

2 not apply to unaltered portions of existing 

3 Federal buildings and systems that have 

4 been added to or altered. 

5 ‘‘(B) UPDATES.—Not later than 1 year 

6 after the date of approval of each subsequent 

7 revision of the ASHRAE Standard or the Inter8 national Energy Conservation Code, as appro9 priate, the Secretary shall determine whether 

10 the revised standards established under sub11 paragraph (A) should be updated to reflect the 

12 revisions, based on the energy savings and life13 cycle cost-effectiveness of the revisions.’’; and 

14 (2) in subparagraph (C), by striking ‘‘(C) In 

15 the budget request’’ and inserting the following: 

16 ‘‘(C) BUDGET REQUEST.—In the budget 

17 request’’. 

18 SEC. 1017. CODIFICATION OF EXECUTIVE ORDER. 

19 Beginning in fiscal year 2016 and each fiscal year 

20 thereafter through fiscal year 2025, the head of each Fed21 eral agency shall, unless otherwise specified and where 

22 life-cycle cost-effective, promote building energy conserva23 tion, efficiency, and management by reducing, in Federal 

24 buildings of the agency, building energy intensity, as 

25 measured in British thermal units per gross square foot, 


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1 by 2.5 percent each fiscal year, relative to the baseline 

2 of the building energy use of the applicable Federal build3 ings in fiscal year 2015 and after taking into account the 

4 progress of the Federal agency in preceding fiscal years. 

5 SEC. 1018. CERTIFICATION FOR GREEN BUILDINGS. 

6 Section 305 of the Energy Conservation and Produc7 tion Act (42 U.S.C. 6834) (as amended by sections 1015 

8 and 1016(b)) is amended— 

9 (1) in subsection (a)(3), by adding at the end 

10 the following: 

11 ‘‘(D) CERTIFICATION FOR GREEN BUILD12 INGS.— 

13 ‘‘(i) SUSTAINABLE DESIGN PRIN14 CIPLES.—Sustainable design principles 

15 shall be applied to the siting, design, and 

16 construction of buildings covered by this 

17 subparagraph. 

18 ‘‘(ii) SELECTION OF CERTIFICATION

19 SYSTEMS.—The Secretary, after reviewing 

20 the findings of the Federal Director under 

21 section 436(h) of the Energy Independence 

22 and Security Act of 2007 (42 U.S.C. 

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1 lating to those facilities under the custody 

2 and control of the Department of Defense, 

3 shall determine those certification systems 

4 for green commercial and residential build5 ings that the Secretary determines to be 

6 the most likely to encourage a comprehen7 sive and environmentally sound approach 

8 to certification of green buildings. 

9 ‘‘(iii) BASIS FOR SELECTION.—The 

10 determination of the certification systems 

11 under clause (ii) shall be based on ongoing 

12 review of the findings of the Federal Direc13 tor under section 436(h) of the Energy 

14 Independence and Security Act of 2007 

15 (42 U.S.C. 17092(h)) and the criteria de16 scribed in clause (v). 

17 ‘‘(iv) ADMINISTRATION.—In deter18 mining certification systems under this 

19 subparagraph, the Secretary shall— 

20 ‘‘(I) make a separate determina21 tion for all or part of each system; 

22 ‘‘(II) confirm that the criteria 

23 used to support the selection of build24 ing products, materials, brands, and 

25 technologies— 


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1 ‘‘(aa) are fair and neutral 

2 (meaning that the criteria are 

3 based on an objective assessment 

4 of relevant technical data); 

5 ‘‘(bb) do not prohibit, dis6 favor, or discriminate against se7 lection based on technically inad8 equate information to inform 

9 human or environmental risk; 

10 and 

11 ‘‘(cc) are expressed to prefer 

12 performance measures whenever 

13 performance measures may rea14 sonably be used in lieu of pre15 scriptive measures; and 

16 ‘‘(III) use environmental and 

17 health criteria that are based on risk 

18 assessment methodology that is gen19 erally accepted by the applicable sci20 entific disciplines. 

21 ‘‘(v) CONSIDERATIONS.—In deter22 mining the green building certification sys23 tems under this subparagraph, the Sec24 retary shall take into consideration— 


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1 ‘‘(I) the ability and availability of 

2 assessors and auditors to independ3 ently verify the criteria and measure4 ment of metrics at the scale necessary 

5 to implement this subparagraph; 

6 ‘‘(II) the ability of the applicable 

7 certification organization to collect 

8 and reflect public comment; 

9 ‘‘(III) the ability of the standard 

10 to be developed and revised through a 

11 consensus-based process; 

12 ‘‘(IV) an evaluation of the 

13 robustness of the criteria for a high14 performance green building, which 

15 shall give credit for promoting— 

16 ‘‘(aa) efficient and sustain17 able use of water, energy, and 

18 other natural resources; 

19 ‘‘(bb) the use of renewable 

20 energy sources; 

21 ‘‘(cc) improved indoor envi22 ronmental quality through en23 hanced indoor air quality, ther24 mal comfort, acoustics, day light25 ing, pollutant source control, and 


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1 use of low-emission materials and 

2 building system controls; and 

3 ‘‘(dd) such other criteria as 

4 the Secretary determines to be 

5 appropriate; and 

6 ‘‘(V) national recognition within 

7 the building industry. 

8 ‘‘(vi) REVIEW.—The Secretary, in 

9 consultation with the Administrator of 

10 General Services and the Secretary of De11 fense, shall conduct an ongoing review to 

12 evaluate and compare private sector green 

13 building certification systems, taking into 

14 account— 

15 ‘‘(I) the criteria described in 

16 clause (v); and 

17 ‘‘(II) the identification made by 

18 the Federal Director under section 

19 436(h) of the Energy Independence 

20 and Security Act of 2007 (42 U.S.C. 

21 17092(h)). 

22 ‘‘(vii) EXCLUSIONS.— 

23 ‘‘(I) IN GENERAL.—Subject to 

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1 ments of clause (v), the Secretary 

2 shall— 

3 ‘‘(aa) identify the portions 

4 of the system, whether pre5 requisites, credits, points, or oth6 erwise, that meet the review cri7 teria of clause (v); 

8 ‘‘(bb) determine the portions 

9 of the system that are suitable 

10 for use; and 

11 ‘‘(cc) exclude all other por12 tions of the system from identi13 fication and use. 

14 ‘‘(II) ENTIRE SYSTEMS.—The 

15 Secretary shall exclude an entire sys16 tem from use if an exclusion under 

17 subclause (I)— 

18 ‘‘(aa) impedes the integrated 

19 use of the system; 

20 ‘‘(bb) creates disparate re21 view criteria or unequal point ac22 cess for competing materials; or 

23 ‘‘(cc) increases agency costs 

24 of the use. 


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1 ‘‘(viii) INTERNAL CERTIFICATION

2 PROCESSES.—The Secretary may by rule 

3 allow Federal agencies to develop internal 

4 certification processes, using certified pro5 fessionals, in lieu of certification by certifi6 cation entities identified under clause (ii). 

7 ‘‘(ix) PRIVATIZED MILITARY HOUS8 ING.—With respect to privatized military 

9 housing, the Secretary of Defense, after 

10 consultation with the Secretary may, 

11 through rulemaking, develop alternative 

12 certification systems and levels than the 

13 systems and levels identified under clause 

14 (ii) that achieve an equivalent result in 

15 terms of energy savings, sustainable de16 sign, and green building performance. 

17 ‘‘(x) WATER CONSERVATION TECH18 NOLOGIES.—In addition to any use of 

19 water conservation technologies otherwise 

20 required by this section, water conservation 

21 technologies shall be applied to the extent 

22 that the technologies are life-cycle cost-ef23 fective. 

24 ‘‘(xi) EFFECTIVE DATE.— 


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1 ‘‘(I) DETERMINATIONS MADE

2 AFTER DECEMBER 31, 2015.—This 

3 subparagraph shall apply to any de4 termination made by a Federal agency 

5 after December 31, 2015. 

6 ‘‘(II) DETERMINATIONS MADE ON

7 OR BEFORE DECEMBER 31, 2015.— 

8 This subparagraph (as in effect on the 

9 day before the date of enactment of 

10 the Energy Policy Modernization Act 

11 of 2015) shall apply to any use of a 

12 certification system for green commer13 cial and residential buildings by a 

14 Federal agency on or before December 

15 31, 2015.’’; and 

16 (2) by striking subsections (c) and (d) and in17 serting the following: 

18 ‘‘(c) PERIODIC REVIEW.—The Secretary shall— 

19 ‘‘(1) once every 5 years, review the Federal 

20 building energy standards established under this sec21 tion; and 

22 ‘‘(2) on completion of a review under paragraph 

23 (1), if the Secretary determines that significant en24 ergy savings would result, upgrade the standards to 

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1 ergy measures that are technologically feasible and 

2 economically justified.’’. 

3 SEC. 1019. HIGH PERFORMANCE GREEN FEDERAL BUILD4 INGS. 

5 Section 436(h) of the Energy Independence and Se6 curity Act of 2007 (42 U.S.C. 17092(h)) is amended— 

7 (1) in the subsection heading, by striking ‘‘SYS8 TEM’’ and inserting ‘‘SYSTEMS’’; 

9 (2) by striking paragraph (1) and inserting the 

10 following: 

11 ‘‘(1) IN GENERAL.—Based on an ongoing re12 view, the Federal Director shall identify and shall 

13 provide to the Secretary pursuant to section 

14 305(a)(3)(D) of the Energy Conservation and Pro15 duction Act (42 U.S.C. 6834(a)(3)(D)), a list of 

16 those certification systems that the Director identi17 fies as the most likely to encourage a comprehensive 

18 and environmentally sound approach to certification 

19 of green buildings.’’; and 

20 (3) in paragraph (2)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘system’’ and inserting ‘‘sys23 tems’’; 

24 (B) by striking subparagraph (A) and in25 serting the following: 


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1 ‘‘(A) an ongoing review provided to the 

2 Secretary pursuant to section 305(a)(3)(D) of 

3 the Energy Conservation and Production Act 

4 (42 U.S.C. 6834(a)(3)(D)), which shall— 

5 ‘‘(i) be carried out by the Federal Di6 rector to compare and evaluate standards; 

7 and 

8 ‘‘(ii) allow any developer or adminis9 trator of a rating system or certification 

10 system to be included in the review;’’; 

11 (C) in subparagraph (E)(v), by striking 

12 ‘‘and’’ after the semicolon at the end; 

13 (D) in subparagraph (F), by striking the 

14 period at the end and inserting a semicolon; 

15 and 

16 (E) by adding at the end the following: 

17 ‘‘(G) a finding that, for all credits address18 ing grown, harvested, or mined materials, the 

19 system does not discriminate against the use of 

20 domestic products that have obtained certifi21 cations of responsible sourcing; and 

22 ‘‘(H) a finding that the system incor23 porates life-cycle assessment as a credit path24 way.’’. 


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1 SEC. 1020. EVALUATION OF POTENTIALLY DUPLICATIVE 

2 GREEN BUILDING PROGRAMS WITHIN DE3 PARTMENT OF ENERGY. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATIVE EXPENSES.— 

6 (A) IN GENERAL.—The term ‘‘administra7 tive expenses’’ has the meaning given the term 

8 by the Director of the Office of Management 

9 and Budget under section 504(b)(2) of the En10 ergy and Water Development and Related 

11 Agencies Appropriations Act, 2010 (31 U.S.C. 

12 1105 note; Public Law 111–85). 

13 (B) INCLUSIONS.—The term ‘‘administra14 tive expenses’’ includes, with respect to an 

15 agency— 

16 (i) costs incurred by— 

17 (I) the agency; or 

18 (II) any grantee, subgrantee, or 

19 other recipient of funds from a grant 

20 program or other program adminis21 tered by the agency; and 

22 (ii) expenses relating to personnel sal23 aries and benefits, property management, 

24 travel, program management, promotion, 

25 reviews and audits, case management, and 

26 communication regarding, promotion of, 


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1 and outreach for programs and program 

2 activities administered by the agency. 

3 (2) APPLICABLE PROGRAM.—The term ‘‘appli4 cable program’’ means any program that is— 

5 (A) listed in Table 9 (pages 348–350) of 

6 the report of the Government Accountability 

7 Office entitled ‘‘2012 Annual Report: Opportu8 nities to Reduce Duplication, Overlap and 

9 Fragmentation, Achieve Savings, and Enhance 

10 Revenue’’; and 

11 (B) administered by the Secretary. 

12 (3) SERVICE.— 

13 (A) IN GENERAL.—Subject to subpara14 graph (B), the term ‘‘service’’ has the meaning 

15 given the term by the Director of the Office of 

16 Management and Budget. 

17 (B) REQUIREMENTS.—For purposes of 

18 subparagraph (A), the term ‘‘service’’ shall be 

19 limited to activities, assistance, or other aid 

20 that provides a direct benefit to a recipient, 

21 such as— 

22 (i) the provision of technical assist23 ance; 

24 (ii) assistance for housing or tuition; 

25 or 


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1 (iii) financial support (including 

2 grants, loans, tax credits, and tax deduc3 tions). 

4 (b) REPORT.— 

5 (1) IN GENERAL.—Not later than January 1, 

6 2016, the Secretary shall submit to Congress and 

7 make available on the public Internet website of the 

8 Department a report that describes the applicable 

9 programs. 

10 (2) REQUIREMENTS.—In preparing the report 

11 under paragraph (1), the Secretary shall— 

12 (A) determine the approximate annual 

13 total administrative expenses of each applicable 

14 program; 

15 (B) determine the approximate annual ex16 penditures for services for each applicable pro17 gram; 

18 (C) describe the intended market for each 

19 applicable program, including the— 

20 (i) estimated the number of clients 

21 served by each applicable program; and 

22 (ii) beneficiaries who received services 

23 or information under the applicable pro24 gram (if applicable and if data is readily 

25 available); 


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1 (D) estimate— 

2 (i) the number of full-time employees 

3 who administer each applicable program; 

4 and 

5 (ii) the number of full-time equiva6 lents (the salary of whom is paid in part 

7 or full by the Federal Government through 

8 a grant or contract, a subaward of a grant 

9 or contract, a cooperative agreement, or 

10 another form of financial award or assist11 ance) who assist in administering the ap12 plicable program; 

13 (E) briefly describe the type of services 

14 each applicable program provides, such as infor15 mation, grants, technical assistance, loans, tax 

16 credits, or tax deductions; 

17 (F) identify the type of recipient who is in18 tended to benefit from the services or informa19 tion provided under the applicable program, 

20 such as individual property owners or renters, 

21 local governments, businesses, nonprofit organi22 zations, or State governments; and 

23 (G) identify whether written program goals 

24 are available for each applicable program. 


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1 (c) RECOMMENDATIONS.—Not later than January 1, 

2 2016, the Secretary shall submit to Congress a report that 

3 includes— 

4 (1) a recommendation of whether any applicable 

5 program should be eliminated or consolidated, in6 cluding any legislative changes that would be nec7 essary to eliminate or consolidate applicable pro8 grams; and 

9 (2) methods to improve the applicable programs 

10 by establishing program goals or increasing collabo11 ration to reduce any potential overlap or duplication, 

12 taking into account— 

13 (A) the 2011 report of the Government Ac14 countability Office entitled ‘‘Federal Initiatives 

15 for the NonFederal Sector Could Benefit from 

16 More Interagency Collaboration’’; and 

17 (B) the report of the Government Account18 ability Office entitled ‘‘2012 Annual Report: 

19 Opportunities to Reduce Duplication, Overlap 

20 and Fragmentation, Achieve Savings, and En21 hance Revenue’’. 

22 (d) ANALYSES.—Not later than January 1, 2016, the 

23 Secretary shall identify— 

24 (1) which applicable programs were specifically 

25 authorized by Congress; and 


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1 (2) which applicable programs are carried out 

2 solely under the discretionary authority of the Sec3 retary. 

4 SEC. 1021. STUDY AND REPORT ON ENERGY SAVINGS BENE5 FITS OF OPERATIONAL EFFICIENCY PRO6 GRAMS AND SERVICES. 

7 (a) DEFINITION OF OPERATIONAL EFFICIENCY PRO8 GRAMS AND SERVICES.—In this section, the term ‘‘oper9 ational efficiency programs and services’’ means programs 

10 and services that use information and communications 

11 technologies (including computer hardware, energy effi12 ciency software, and power management tools) to operate 

13 buildings and equipment in the optimum manner at the 

14 optimum times. 

15 (b) STUDY AND REPORT.—Not later than 1 year 

16 after the date of enactment of this Act, the Secretary shall 

17 conduct a study and issue a report that quantifies the po18 tential energy savings of operational efficiency programs 

19 and services for commercial, institutional, industrial, and 

20 governmental entities, including Federal agencies. 

21 (c) MEASUREMENT AND VERIFICATION OF ENERGY

22 SAVINGS.—The report required under this section shall in23 clude potential methodologies or protocols for utilities, 

24 utility regulators, and Federal agencies to evaluate, measVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 ure, and verify energy savings from operational efficiency 

2 programs and services. 

3 Subtitle B—Appliances 

4 SEC. 1101. EXTENDED PRODUCT SYSTEM REBATE PRO5 GRAM. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ELECTRIC MOTOR.—The term ‘‘electric 

8 motor’’ has the meaning given the term in section 

9 431.12 of title 10, Code of Federal Regulations (as 

10 in effect on the date of enactment of this Act). 

11 (2) ELECTRONIC CONTROL.—The term ‘‘elec12 tronic control’’ means— 

13 (A) a power converter; or 

14 (B) a combination of a power circuit and 

15 control circuit included on 1 chassis. 

16 (3) EXTENDED PRODUCT SYSTEM.—The term 

17 ‘‘extended product system’’ means an electric motor 

18 and any required associated electronic control and 

19 driven load that— 

20 (A) offers variable speed or multispeed op21 eration; 

22 (B) offers partial load control that reduces 

23 input energy requirements (as measured in kilo24 watt-hours) as compared to identified base lev25 els set by the Secretary; and 


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1 (C)(i) has greater than 1 horsepower; and 

2 (ii) uses an extended product system tech3 nology, as determined by the Secretary. 

4 (4) QUALIFIED EXTENDED PRODUCT SYS5 TEM.— 

6 (A) IN GENERAL.—The term ‘‘qualified ex7 tended product system’’ means an extended 

8 product system that— 

9 (i) includes an electric motor and an 

10 electronic control; and 

11 (ii) reduces the input energy (as 

12 measured in kilowatt-hours) required to 

13 operate the extended product system by 

14 not less than 5 percent, as compared to 

15 identified base levels set by the Secretary. 

16 (B) INCLUSIONS.—The term ‘‘qualified ex17 tended product system’’ includes commercial or 

18 industrial machinery or equipment that— 

19 (i)(I) did not previously make use of 

20 the extended product system prior to the 

21 redesign described in subclause (II); and 

22 (II) incorporates an extended product 

23 system that has greater than 1 horsepower 

24 into redesigned machinery or equipment; 

25 and 


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1 (ii) was previously used prior to, and 

2 was placed back into service during, cal3 endar year 2016 or 2017. 

4 (b) ESTABLISHMENT.—Not later than 180 days after 

5 the date of enactment of this Act, the Secretary shall es6 tablish a program to provide rebates for expenditures 

7 made by qualified entities for the purchase or installation 

8 of a qualified extended product system. 

9 (c) QUALIFIED ENTITIES.— 

10 (1) ELIGIBILITY REQUIREMENTS.—A qualified 

11 entity under this section shall be— 

12 (A) in the case of a qualified extended 

13 product system described in subsection 

14 (a)(4)(A), the purchaser of the qualified ex15 tended product that is installed; and 

16 (B) in the case of a qualified extended 

17 product system described in subsection 

18 (a)(4)(B), the manufacturer of the commercial 

19 or industrial machinery or equipment that in20 corporated the extended product system into 

21 that machinery or equipment. 

22 (2) APPLICATION.—To be eligible to receive a 

23 rebate under this section, a qualified entity shall 

24 submit to the Secretary— 


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1 (A) an application in such form, at such 

2 time, and containing such information as the 

3 Secretary may require; and 

4 (B) a certification that includes dem5 onstrated evidence— 

6 (i) that the entity is a qualified entity; 

7 and 

8 (ii)(I) in the case of a qualified entity 

9 described in paragraph (1)(A)— 

10 (aa) that the qualified entity in11 stalled the qualified extended product 

12 system during the 2 fiscal years fol13 lowing the date of enactment of this 

14 Act; 

15 (bb) that the qualified extended 

16 product system meets the require17 ments of subsection (a)(4)(A); and 

18 (cc) showing the serial number, 

19 manufacturer, and model number 

20 from the nameplate of the installed 

21 motor of the qualified entity on which 

22 the qualified extended product system 

23 was installed; or 


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1 (II) in the case of a qualified entity 

2 described in paragraph (1)(B), dem3 onstrated evidence— 

4 (aa) that the qualified extended 

5 product system meets the require6 ments of subsection (a)(4)(B); and 

7 (bb) showing the serial number, 

8 manufacturer, and model number 

9 from the nameplate of the installed 

10 motor of the qualified entity with 

11 which the extended product system is 

12 integrated. 

13 (d) AUTHORIZED AMOUNT OF REBATE.— 

14 (1) IN GENERAL.—The Secretary may provide 

15 to a qualified entity a rebate in an amount equal to 

16 the product obtained by multiplying— 

17 (A) an amount equal to the sum of the 

18 nameplate rated horsepower of— 

19 (i) the electric motor to which the 

20 qualified extended product system is at21 tached; and 

22 (ii) the electronic control; and 

23 (B) $25. 

24 (2) MAXIMUM AGGREGATE AMOUNT.—A quali25 fied entity shall not be entitled to aggregate rebates 


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1 under this section in excess of $25,000 per calendar 

2 year. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $5,000,000 for each of the first 2 full fiscal years following 

6 the date of enactment of this Act, to remain available until 

7 expended. 

8 SEC. 1102. ENERGY EFFICIENT TRANSFORMER REBATE 

9 PROGRAM. 

10 (a) DEFINITIONS.—In this section: 

11 (1) QUALIFIED ENERGY EFFICIENT TRANS12 FORMER.—The term ‘‘qualified energy efficient 

13 transformer’’ means a transformer that meets or ex14 ceeds the applicable energy conservation standards 

15 described in the tables in subsection (b)(2) and 

16 paragraphs (1) and (2) of subsection (c) of section 

17 431.196 of title 10, Code of Federal Regulations (as 

18 in effect on the date of enactment of this Act). 

19 (2) QUALIFIED ENERGY INEFFICIENT TRANS20 FORMER.—The term ‘‘qualified energy inefficient 

21 transformer’’ means a transformer with an equal 

22 number of phases and capacity to a transformer de23 scribed in any of the tables in subsection (b)(2) and 

24 paragraphs (1) and (2) of subsection (c) of section 

25 431.196 of title 10, Code of Federal Regulations (as 


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1 in effect on the date of enactment of this Act) 

2 that— 

3 (A) does not meet or exceed the applicable 

4 energy conservation standards described in 

5 paragraph (1); and 

6 (B)(i) was manufactured between January 

7 1, 1985, and December 31, 2006, for a trans8 former with an equal number of phases and ca9 pacity as a transformer described in the table 

10 in subsection (b)(2) of section 431.196 of title 

11 10, Code of Federal Regulations (as in effect on 

12 the date of enactment of this Act); or 

13 (ii) was manufactured between January 1, 

14 1990, and December 31, 2009, for a trans15 former with an equal number of phases and ca16 pacity as a transformer described in the table 

17 in paragraph (1) or (2) of subsection (c) of that 

18 section (as in effect on the date of enactment 

19 of this Act). 

20 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

21 entity’’ means an owner of industrial or manufac22 turing facilities, commercial buildings, or multifamily 

23 residential buildings, a utility, or an energy service 

24 company that fulfills the requirements of subsection 

25 (d). 


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1 (b) ESTABLISHMENT.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary shall es3 tablish a program to provide rebates to qualified entities 

4 for expenditures made by the qualified entity for the re5 placement of a qualified energy inefficient transformer 

6 with a qualified energy efficient transformer. 

7 (c) REQUIREMENTS.—To be eligible to receive a re8 bate under this section, an entity shall submit to the Sec9 retary an application in such form, at such time, and con10 taining such information as the Secretary may require, in11 cluding demonstrated evidence— 

12 (1) that the entity purchased a qualified energy 

13 efficient transformer; 

14 (2) of the core loss value of the qualified energy 

15 efficient transformer; 

16 (3) of the age of the qualified energy inefficient 

17 transformer being replaced; 

18 (4) of the core loss value of the qualified energy 

19 inefficient transformer being replaced— 

20 (A) as measured by a qualified professional 

21 or verified by the equipment manufacturer, as 

22 applicable; or 

23 (B) for transformers described in sub24 section (a)(2)(B)(i), as selected from a table of 


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1 default values as determined by the Secretary 

2 in consultation with applicable industry; and 

3 (5) that the qualified energy inefficient trans4 former has been permanently decommissioned and 

5 scrapped. 

6 (d) AUTHORIZED AMOUNT OF REBATE.—The 

7 amount of a rebate provided under this section shall be— 

8 (1) for a 3-phase or single-phase transformer 

9 with a capacity of not less than 10 and not greater 

10 than 2,500 kilovolt-amperes, twice the amount equal 

11 to the difference in Watts between the core loss 

12 value (as measured in accordance with paragraphs 

13 (2) and (4) of subsection (c)) of— 

14 (A) the qualified energy inefficient trans15 former; and 

16 (B) the qualified energy efficient trans17 former; or 

18 (2) for a transformer described in subsection 

19 (a)(2)(B)(i), the amount determined using a table of 

20 default rebate values by rated transformer output, 

21 as measured in kilovolt-amperes, as determined by 

22 the Secretary in consultation with applicable indus23 try. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section 


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1 $5,000,000 for each of fiscal years 2016 and 2017, to re2 main available until expended. 

3 (f) TERMINATION OF EFFECTIVENESS.—The author4 ity provided by this section terminates on December 31, 

5 2017. 

6 SEC. 1103. STANDARDS FOR CERTAIN FURNACES. 

7 Section 325(f)(4) of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6295(f)(4)) is amended by adding at 

9 the end the following: 

10 ‘‘(E) RESTRICTION ON FINAL RULE FOR

11 RESIDENTIAL NON-WEATHERIZED GAS FUR12 NACES AND MOBILE HOME FURNACES.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 any other provision of this Act, the Sec15 retary shall not prescribe a final rule 

16 amending the efficiency standards for resi17 dential non-weatherized gas furnaces or 

18 mobile home furnaces until each of the fol19 lowing has occurred: 

20 ‘‘(I) The Secretary convenes a 

21 representative advisory group of inter22 ested stakeholders, including the man23 ufacturers, distributors, and contrac24 tors of residential non-weatherized gas 

25 furnaces and mobile home furnaces, 


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1 home builders, building owners, en2 ergy efficiency advocates, natural gas 

3 utilities, electric utilities, and con4 sumer groups. 

5 ‘‘(II) Not later than 1 year after 

6 the date of enactment of this subpara7 graph, the advisory group described in 

8 subclause (I) completes an analysis of 

9 a nationwide requirement of a con10 densing furnace efficiency standard 

11 including— 

12 ‘‘(aa) a complete analysis of 

13 current market trends regarding 

14 the transition of sales from non15 condensing furnaces to con16 densing furnaces; 

17 ‘‘(bb) the projected net loss 

18 in the industry of the present 

19 value of original equipment man20 ufactured after adoption of the 

21 standard; 

22 ‘‘(cc) the projected consumer 

23 payback period and life cycle cost 

24 savings after adoption of the 

25 standard; 


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1 ‘‘(dd) a determination of 

2 whether the standard is economi3 cally justified, based solely on the 

4 definition of energy under section 

5 321; and 

6 ‘‘(ee) other common eco7 nomic principles. 

8 ‘‘(III) The advisory group de9 scribed in subclause (I) reviews the 

10 analysis and determines whether a na11 tionwide requirement of a condensing 

12 furnace efficiency standard is tech13 nically feasible and economically justi14 fied. 

15 ‘‘(IV) The final determination of 

16 the advisory group under subclause 

17 (III) is published in the Federal Reg18 ister. 

19 ‘‘(ii) AMENDED STANDARDS.—If the 

20 advisory group determines under clause 

21 (i)(III) that a nationwide requirement of a 

22 condensing furnace efficiency standard is 

23 not technically feasible and economically 

24 justified, the Secretary shall, not later than 

25 180 days after the date on which the final 


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1 determination of the advisory group is pub2 lished in the Federal Register under clause 

3 (i)(IV), establish amended standards 

4 through the negotiated rulemaking proce5 dure provided for under subchapter III of 

6 chapter 5 of title 5, United States Code 

7 (commonly known as the ‘Negotiated Rule8 making Act of 1990’).’’. 

9 SEC. 1104. THIRD-PARTY CERTIFICATION UNDER ENERGY 

10 STAR PROGRAM. 

11 Section 324A of the Energy Policy and Conservation 

12 Act (42 U.S.C. 6294a) is amended by adding at the end 

13 the following: 

14 ‘‘(e) THIRD-PARTY CERTIFICATION.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 not later than 180 days after the date of enactment 

17 of this subsection, the Administrator shall revise the 

18 certification requirements for the labeling of con19 sumer, home, and office electronic products for pro20 gram partners that have complied with all require21 ments of the Energy Star program for a period of 

22 at least 18 months. 

23 ‘‘(2) ADMINISTRATION.—In the case of a pro24 gram partner described in paragraph (1), the new 

25 requirements under paragraph (1)— 


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1 ‘‘(A) shall not require third-party certifi2 cation for a product to be listed; but 

3 ‘‘(B) may require that test data and other 

4 product information be submitted to facilitate 

5 product listing and performance verification for 

6 a sample of products. 

7 ‘‘(3) THIRD PARTIES.—Nothing in this sub8 section prevents the Administrator from using third 

9 parties in the course of the administration of the 

10 Energy Star program. 

11 ‘‘(4) TERMINATION.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), an exemption from third-party cer14 tification provided to a program partner under 

15 paragraph (1) shall terminate if the program 

16 partner is found to have violated program re17 quirements with respect to at least 2 separate 

18 models during a 2-year period. 

19 ‘‘(B) RESUMPTION.—A termination for a 

20 program partner under subparagraph (A) shall 

21 cease if the program partner complies with all 

22 Energy Star program requirements for a period 

23 of at least 3 years.’’. 


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1 SEC. 1105. ENERGY CONSERVATION STANDARDS FOR COM2 MERCIAL REFRIGERATION EQUIPMENT. 

3 (a) DEADLINE.—The requirements of the final rule 

4 entitled ‘‘Energy Conservation Program: Energy Con5 servation Standards for Commercial Refrigeration Equip6 ment’’ (79 Fed. Reg. 17725 (March 28, 2014)), shall take 

7 effect on January 1, 2020, for equipment covered by the 

8 final rule that— 

9 (1) uses natural refrigerants with a global 

10 warming potential of 10 or less that are approved 

11 for use by the Environmental Protection Agency 

12 under the Significant New Alternatives Program; 

13 (2) is within 1 of the following product cat14 egories: 

15 (A) VCT.SC.M vertical cooler with trans16 parent door self contained medium temperature; 

17 or 

18 (B) HCT.SC.M horizontal cooler with 

19 transparent door self contained medium tem20 perature; and 

21 (3) uses not more than 115 percent of the en22 ergy use allowed by applicable standards under En23 ergy Star 3.0. 

24 (b) FUTURE RULEMAKINGS.—Nothing in this section 

25 changes the criteria to be considered during future 

26 rulemakings undertaken by the Department under title III 


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1 of the Energy Policy and Conservation Act (42 U.S.C. 

2 6291 et seq.). 

3 (c) REVIEW.—Notwithstanding subsection (a), the 

4 next review required under section 342(c)(6)(B) of the 

5 Energy Policy and Conservation Act (42 U.S.C. 

6 6313(c)(6)(B)) shall be conducted based on an effective 

7 date of March 27, 2017. 

8 SEC. 1106. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 

9 CONDITIONING, FURNACE, BOILER, HEAT 

10 PUMP, AND WATER HEATER PRODUCTS. 

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

13 the end the following: 

14 ‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR

15 AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, 

16 AND WATER HEATER PRODUCTS.— 

17 ‘‘(A) RELIANCE ON VOLUNTARY PRO18 GRAMS.—For the purpose of periodic testing to 

19 verify compliance with energy conservation 

20 standards and Energy Star specifications estab21 lished under sections 324A, 325, and 342 for 

22 covered products described in paragraphs (3), 

23 (4), (5), (9), and (11) of section 322(a) and 

24 covered equipment described in subparagraphs 

25 (B), (C), (D), (F), (I), (J), and (K) of section 


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1 340(1), the Secretary and the Administrator of 

2 the Environmental Protection Agency shall rely 

3 on testing conducted by voluntary verification 

4 programs that are recognized by the Secretary 

5 in accordance with subparagraph (B). 

6 ‘‘(B) RECOGNITION OF VOLUNTARY

7 VERIFICATION PROGRAMS.— 

8 ‘‘(i) IN GENERAL.—Not later than 

9 180 days after the date of enactment of 

10 this paragraph, the Secretary shall initiate 

11 a negotiated rulemaking in accordance 

12 with subchapter III of chapter 5 of title 5, 

13 United States Code (commonly known as 

14 the ‘Negotiated Rulemaking Act of 1990’) 

15 to develop criteria that have consensus 

16 support for achieving recognition by the 

17 Secretary as an approved voluntary 

18 verification program. 

19 ‘‘(ii) MINIMUM REQUIREMENTS.—The 

20 criteria developed under clause (i) shall, at 

21 a minimum, ensure that the voluntary 

22 verification program— 

23 ‘‘(I) is nationally recognized; 


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

2 and not directly operated by a pro3 gram participant; 

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

6 ‘‘(aa) International Organi7 zation for Standardization stand8 ard numbered 17025; and 

9 ‘‘(bb) any other relevant 

10 International Organization for 

11 Standardization standards identi12 fied and agreed to through the 

13 negotiated rulemaking under 

14 clause (i); 

15 ‘‘(IV) at least annually tests 

16 independently obtained products fol17 lowing the test procedures established 

18 under this title to verify the certified 

19 rating of a representative sample of 

20 products and equipment within the 

21 scope of the program; 

22 ‘‘(V) maintains a publicly avail23 able list of all ratings of products sub24 ject to verification; 


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1 ‘‘(VI) requires the changing of 

2 the performance rating or removal of 

3 the product or equipment from the 

4 program if testing determines that the 

5 performance rating does not meet the 

6 levels the manufacturer has certified 

7 to the Secretary; 

8 ‘‘(VII) requires new program 

9 participants to substantiate ratings 

10 through test data generated in accord11 ance with DOE regulations; 

12 ‘‘(VIII) allows for challenge test13 ing of products and equipment within 

14 the scope of the program; 

15 ‘‘(IX) requires program partici16 pants to disclose the performance rat17 ing of all covered products and equip18 ment within the scope of the program 

19 for the covered product or equipment; 

20 ‘‘(X) provides to the Secretary— 

21 ‘‘(aa) an annual report of all 

22 test results, the contents of which 

23 shall be determined through the 

24 negotiated rulemaking process 

25 under clause (i); and 


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1 ‘‘(bb) test reports, on the re2 quest of the Secretary or the Ad3 ministrator of the Environmental 

4 Protection Agency, that note any 

5 instructions specified by the man6 ufacturer or the representative of 

7 the manufacturer for the purpose 

8 of conducting the verification 

9 testing, to be exempted from dis10 closure to the extent provided 

11 under section 552(b)(4) of title 

12 5, United States Code (commonly 

13 known as the ‘Freedom of Infor14 mation Act’); and 

15 ‘‘(XI) satisfies any additional re16 quirements or standards that the Sec17 retary and Administrator of the Envi18 ronmental Protection Agency shall es19 tablish consistent with this subpara20 graph. 

21 ‘‘(iii) FINDING REQUIRED FOR CES22 SATION OF RECOGNITION.—The Secretary 

23 may only cease recognition of a voluntary 

24 verification program as an approved pro25 gram described in subparagraph (A) on a 


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1 finding that the program is not meeting its 

2 obligations for compliance through pro3 gram review criteria established under this 

4 subparagraph. 

5 ‘‘(iv) REVISIONS.— 

6 ‘‘(I) IN GENERAL.—Major revi7 sions to voluntary verification pro8 gram criteria established under this 

9 subparagraph shall only be made pur10 suant to a subsequent negotiated rule11 making in accordance with subchapter 

12 III of chapter 5 of title 5, United 

13 States Code (commonly known as the 

14 ‘Negotiated Rulemaking Act of 

15 1990’). 

16 ‘‘(II) NONMAJOR REVISIONS.— 

17 ‘‘(aa) IN GENERAL.—The 

18 Secretary may make all other 

19 nonmajor criteria revisions by 

20 initiating a direct final rule in ac21 cordance with section 

22 553(b)(3)(B) of title 5, United 

23 States Code, on a determination 

24 published in the Federal Register 

25 that revisions to the criteria are 


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1 necessary and that substantive 

2 opposition to the proposed revi3 sions is not expected. 

4 ‘‘(bb) CONDITIONS FOR EF5 FECTIVENESS.—If the Secretary 

6 does not receive adversarial com7 ments with respect to the deter8 mination published under item 

9 (aa) during the 30-day-period fol10 lowing publication of that deter11 mination in the Federal Register, 

12 the direct final rule shall have 

13 the force and effect of law. 

14 ‘‘(cc) WITHDRAWAL OF

15 FINAL RULE.—Receipt of any ad16 versarial comment with respect to 

17 the determination published 

18 under item (aa) shall require the 

19 Secretary to withdraw the direct 

20 final rule and publish— 

21 ‘‘(AA) a notice of pro22 posed rulemaking pursuant 

23 to section 553 of title 5, 

24 United States Code; or 


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1 ‘‘(BB) a notice of pro2 posed rulemaking pursuant 

3 to section 553 of title 5, 

4 United States Code, that in5 cludes a determination that 

6 revisions to the criteria are 

7 necessary. 

8 ‘‘(C) ADMINISTRATION.— 

9 ‘‘(i) IN GENERAL.—The Secretary and 

10 the Administrator of the Environmental 

11 Protection Agency shall not require— 

12 ‘‘(I) manufacturers to participate 

13 in a voluntary verification program 

14 described in subparagraph (A); or 

15 ‘‘(II) participating manufacturers 

16 to provide information that has al17 ready been provided to the Secretary 

18 or the Administrator. 

19 ‘‘(ii) LIST OF COVERED PRODUCTS.— 

20 The Secretary or the Administrator of the 

21 Environmental Protection Agency may 

22 maintain a publicly available list of covered 

23 products and equipment that distinguishes 

24 between products that are, and are not 

25 covered products and equipment verified 


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1 through a voluntary verification program 

2 described in subparagraph (A); 

3 ‘‘(iii) PERIODIC VERIFICATION TEST4 ING.— 

5 ‘‘(I) IN GENERAL.—The Sec6 retary— 

7 ‘‘(aa) shall not subject prod8 ucts or equipment that have been 

9 verification tested under a vol10 untary verification program de11 scribed in subparagraph (A) to 

12 periodic verification testing that 

13 verifies the accuracy of the cer14 tified performance rating of the 

15 products or equipment; but 

16 ‘‘(bb) may test products or 

17 equipment described in subclause 

18 (I) if the testing is necessary— 

19 ‘‘(AA) to assess the 

20 overall performance of a vol21 untary verification program; 

22 ‘‘(BB) to address spe23 cific performance issues; 


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1 ‘‘(CC) for use in updat2 ing test procedures and 

3 standards; or 

4 ‘‘(DD) for other pur5 poses consistent with this 

6 title. 

7 ‘‘(II) ADDITIONAL TESTING.— 

8 The Secretary may subject products 

9 or equipment described in subclause 

10 (I) to periodic verification testing out11 side the restrictions of subclause 

12 (I)(bb), if agreed to during the rule13 making described in subparagraph 

14 (B) 

15 ‘‘(D) EFFECT ON OTHER AUTHORITY.— 

16 Nothing in this paragraph limits the authority 

17 of the Secretary or the Administrator of the 

18 Environmental Protection Agency to enforce 

19 compliance with any law.’’. 

20 Subtitle C—Manufacturing 

21 SEC. 1201. MANUFACTURING ENERGY EFFICIENCY. 

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

23 (1) to reform and reorient the industrial effi24 ciency programs of the Department; 


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1 (2) to establish a clear and consistent authority 

2 for industrial efficiency programs of the Depart3 ment; 

4 (3) to accelerate the deployment of technologies 

5 and practices that will increase industrial energy ef6 ficiency and improve productivity; 

7 (4) to accelerate the development and dem8 onstration of technologies that will assist the deploy9 ment goals of the industrial efficiency programs of 

10 the Department and increase manufacturing effi11 ciency; 

12 (5) to stimulate domestic economic growth and 

13 improve industrial productivity and competitiveness; 

14 and 

15 (6) to strengthen partnerships between Federal 

16 and State governmental agencies and the private 

17 and academic sectors. 

18 (b) FUTURE OF INDUSTRY PROGRAM.— 

19 (1) IN GENERAL.—Section 452 of the Energy 

20 Independence and Security Act of 2007 (42 U.S.C. 

21 17111) is amended by striking the section heading 

22 and inserting the following: ‘‘FUTURE OF INDUS23 TRY PROGRAM’’. 

24 (2) DEFINITION OF ENERGY SERVICE PRO25 VIDER.—Section 452(a) of the Energy Independence 


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1 and Security Act of 2007 (42 U.S.C. 17111(a)) is 

2 amended— 

3 (A) by redesignating paragraphs (3) 

4 through (5) as paragraphs (4) through (6), re5 spectively; and 

6 (B) by inserting after paragraph (2) the 

7 following: 

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

9 ‘energy service provider’ means any business pro10 viding technology or services to improve the energy 

11 efficiency, water efficiency, power factor, or load 

12 management of a manufacturing site or other indus13 trial process in an energy-intensive industry, or any 

14 utility operating under a utility energy service 

15 project.’’. 

16 (3) INDUSTRIAL RESEARCH AND ASSESSMENT

17 CENTERS.—Section 452(e) of the Energy Independ18 ence and Security Act of 2007 (42 U.S.C. 17111(e)) 

19 is amended— 

20 (A) by redesignating paragraphs (1) 

21 through (5) as subparagraphs (A) through (E), 

22 respectively, and indenting appropriately; 

23 (B) by striking ‘‘The Secretary’’ and in24 serting the following: 

25 ‘‘(1) IN GENERAL.—The Secretary’’; 


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1 (C) in subparagraph (A) (as redesignated 

2 by subparagraph (A)), by inserting before the 

3 semicolon at the end the following: ‘‘, including 

4 assessments of sustainable manufacturing goals 

5 and the implementation of information tech6 nology advancements for supply chain analysis, 

7 logistics, system monitoring, industrial and 

8 manufacturing processes, and other purposes’’; 

9 and 

10 (D) by adding at the end the following: 

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

12 and capabilities of the industrial research and as13 sessment centers, the centers shall— 

14 ‘‘(A) coordinate with Manufacturing Ex15 tension Partnership Centers of the National In16 stitute of Standards and Technology; 

17 ‘‘(B) coordinate with the Building Tech18 nologies Program of the Department of Energy 

19 to provide building assessment services to man20 ufacturers; 

21 ‘‘(C) increase partnerships with the Na22 tional Laboratories of the Department of En23 ergy to leverage the expertise and technologies 

24 of the National Laboratories for national indus25 trial and manufacturing needs; 


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1 ‘‘(D) increase partnerships with energy 

2 service providers and technology providers to le3 verage private sector expertise and accelerate 

4 deployment of new and existing technologies 

5 and processes for energy efficiency, power fac6 tor, and load management; 

7 ‘‘(E) identify opportunities for reducing 

8 greenhouse gas emissions; and 

9 ‘‘(F) promote sustainable manufacturing 

10 practices for small- and medium-sized manufac11 turers. 

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

13 funding for— 

14 ‘‘(A) outreach activities by the industrial 

15 research and assessment centers to inform 

16 small- and medium-sized manufacturers of the 

17 information, technologies, and services avail18 able; and 

19 ‘‘(B) coordination activities by each indus20 trial research and assessment center to leverage 

21 efforts with— 

22 ‘‘(i) Federal and State efforts; 

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

24 service providers; 


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1 ‘‘(iii) the efforts of regional energy ef2 ficiency organizations; and 

3 ‘‘(iv) the efforts of other industrial re4 search and assessment centers. 

5 ‘‘(4) WORKFORCE TRAINING.— 

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 pay the Federal share of associated internship 

8 programs under which students work with or 

9 for industries, manufacturers, and energy serv10 ice providers to implement the recommendations 

11 of industrial research and assessment centers. 

12 ‘‘(B) FEDERAL SHARE.—The Federal 

13 share of the cost of carrying out internship pro14 grams described in subparagraph (A) shall be 

15 50 percent. 

16 ‘‘(5) SMALL BUSINESS LOANS.—The Adminis17 trator of the Small Business Administration shall, to 

18 the maximum extent practicable, expedite consider19 ation of applications from eligible small business 

20 concerns for loans under the Small Business Act (15 

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

22 of industrial research and assessment centers estab23 lished under paragraph (1). 

24 ‘‘(6) ADVANCED MANUFACTURING STEERING

25 COMMITTEE.—The Secretary shall establish an adviVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 sory steering committee to provide recommendations 

2 to the Secretary on planning and implementation of 

3 the Advanced Manufacturing Office of the Depart4 ment of Energy.’’. 

5 (c) SUSTAINABLE MANUFACTURING INITIATIVE.— 

6 (1) IN GENERAL.—Part E of title III of the 

7 Energy Policy and Conservation Act (42 U.S.C. 

8 6341) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE. 

11 ‘‘(a) IN GENERAL.—As part of the Office of Energy 

12 Efficiency and Renewable Energy, the Secretary, on the 

13 request of a manufacturer, shall conduct on-site technical 

14 assessments to identify opportunities for— 

15 ‘‘(1) maximizing the energy efficiency of indus16 trial processes and cross-cutting systems; 

17 ‘‘(2) preventing pollution and minimizing waste; 

18 ‘‘(3) improving efficient use of water in manu19 facturing processes; 

20 ‘‘(4) conserving natural resources; and 

21 ‘‘(5) achieving such other goals as the Secretary 

22 determines to be appropriate. 

23 ‘‘(b) COORDINATION.—The Secretary shall carry out 

24 the initiative in coordination with the private sector and 

25 appropriate agencies, including the National Institute of 


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1 Standards and Technology, to accelerate adoption of new 

2 and existing technologies and processes that improve en3 ergy efficiency. 

4 ‘‘(c) RESEARCH AND DEVELOPMENT PROGRAM FOR

5 SUSTAINABLE MANUFACTURING AND INDUSTRIAL TECH6 NOLOGIES AND PROCESSES.—As part of the industrial ef7 ficiency programs of the Department of Energy, the Sec8 retary shall carry out a joint industry-government partner9 ship program to research, develop, and demonstrate new 

10 sustainable manufacturing and industrial technologies and 

11 processes that maximize the energy efficiency of industrial 

12 plants, reduce pollution, and conserve natural resources.’’. 

13 (2) TABLE OF CONTENTS.—The table of con14 tents of the Energy Policy and Conservation Act (42 

15 U.S.C. prec. 6201) is amended by adding at the end 

16 of the items relating to part E of title III the fol17 lowing: 

‘‘Sec. 376. Sustainable manufacturing initiative.’’. 

18 (d) CONFORMING AMENDMENTS.— 

19 (1) Section 106 of the Energy Policy Act of 

20 2005 (42 U.S.C. 15811) is repealed. 

21 (2) Sections 131, 132, 133, 2103, and 2107 of 

22 the Energy Policy Act of 1992 (42 U.S.C. 6348, 

23 6349, 6350, 13453, 13456) are repealed. 

24 (3) Section 2101(a) of the Energy Policy Act of 

25 1992 (42 U.S.C. 13451(a)) is amended in the third 


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1 sentence by striking ‘‘sections 2102, 2103, 2104, 

2 2105, 2106, 2107, and 2108’’ and inserting ‘‘sec3 tions 2102, 2104, 2105, 2106, and 2108 of this Act 

4 and section 376 of the Energy Policy and Conserva5 tion Act,’’. 

6 SEC. 1202. LEVERAGING EXISTING FEDERAL AGENCY PRO7 GRAMS TO ASSIST SMALL AND MEDIUM MAN8 UFACTURERS. 

9 (a) DEFINITIONS.—In this section and section 1203: 

10 (1) ENERGY MANAGEMENT SYSTEM.—The term 

11 ‘‘energy management system’’ means a business 

12 management process based on standards of the 

13 American National Standards Institute that enables 

14 an organization to follow a systematic approach in 

15 achieving continual improvement of energy perform16 ance, including energy efficiency, security, use, and 

17 consumption. 

18 (2) INDUSTRIAL ASSESSMENT CENTER.—The 

19 term ‘‘industrial assessment center’’ means a center 

20 located at an institution of higher education that— 

21 (A) receives funding from the Department; 

22 (B) provides an in-depth assessment of 

23 small- and medium-size manufacturer plant 

24 sites to evaluate the facilities, services, and 

25 manufacturing operations of the plant site; and 


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1 (C) identifies opportunities for potential 

2 savings for small- and medium-size manufac3 turer plant sites from energy efficiency improve4 ments, waste minimization, pollution preven5 tion, and productivity improvement. 

6 (3) NATIONAL LABORATORY.—The term ‘‘Na7 tional Laboratory’’ has the meaning given the term 

8 in section 2 of the Energy Policy Act of 2005 (42 

9 U.S.C. 15801). 

10 (4) SMALL AND MEDIUM MANUFACTURERS.— 

11 The term ‘‘small and medium manufacturers’’ 

12 means manufacturing firms— 

13 (A) classified in the North American In14 dustry Classification System as any of sectors 

15 31 through 33; 

16 (B) with gross annual sales of less than 

17 $100,000,000; 

18 (C) with fewer than 500 employees at the 

19 plant site; and 

20 (D) with annual energy bills totaling more 

21 than $100,000 and less than $2,500,000. 

22 (5) SMART MANUFACTURING.—The term 

23 ‘‘smart manufacturing’’ means a set of advanced 

24 sensing, instrumentation, monitoring, controls, and 

25 process optimization technologies and practices that 


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1 merge information and communication technologies 

2 with the manufacturing environment for the real3 time management of energy, productivity, and costs 

4 across factories and companies. 

5 (b) EXPANSION OF TECHNICAL ASSISTANCE PRO6 GRAMS.—The Secretary shall expand the scope of tech7 nologies covered by the Industrial Assessment Centers of 

8 the Department— 

9 (1) to include smart manufacturing technologies 

10 and practices; and 

11 (2) to equip the directors of the Industrial As12 sessment Centers with the training and tools nec13 essary to provide technical assistance in smart man14 ufacturing technologies and practices, including en15 ergy management systems, to manufacturers. 

16 (c) FUNDING.—The Secretary shall use unobligated 

17 funds of the Department to carry out this section. 

18 SEC. 1203. LEVERAGING SMART MANUFACTURING INFRA19 STRUCTURE AT NATIONAL LABORATORIES. 

20 (a) STUDY.— 

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

22 after the date of enactment of this Act, the Sec23 retary shall conduct a study on ways in which the 

24 Department can increase access to existing high-per25 formance computing resources in the National LabVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 oratories, particularly for small and medium manu2 facturers. 

3 (2) INCLUSIONS.—In identifying ways to in4 crease access to National Laboratories under para5 graph (1), the Secretary shall— 

6 (A) focus on increasing access to the com7 puting facilities of the National Laboratories; 

8 and 

9 (B) ensure that— 

10 (i) the information from the manufac11 turer is protected; and 

12 (ii) the security of the National Lab13 oratory facility is maintained. 

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

15 date of enactment of this Act, the Secretary shall 

16 submit to Congress a report describing the results of 

17 the study. 

18 (b) ACTIONS FOR INCREASED ACCESS.—The Sec19 retary shall facilitate access to the National Laboratories 

20 studied under subsection (a) for small and medium manu21 facturers so that small and medium manufacturers can 

22 fully use the high-performance computing resources of the 

23 National Laboratories to enhance the manufacturing com24 petitiveness of the United States. 


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1 Subtitle D—Vehicles 

2 SEC. 1301. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Vehicle Innovation 

4 Act of 2015’’. 

5 SEC. 1302. OBJECTIVES. 

6 The objectives of this subtitle are— 

7 (1) to establish a consistent and consolidated 

8 authority for the vehicle technology program at the 

9 Department; 

10 (2) to develop United States technologies and 

11 practices that— 

12 (A) improve the fuel efficiency and emis13 sions of all vehicles produced in the United 

14 States; and 

15 (B) reduce vehicle reliance on petroleum16 based fuels; 

17 (3) to support domestic research, development, 

18 engineering, demonstration, and commercial applica19 tion and manufacturing of advanced vehicles, en20 gines, and components; 

21 (4) to enable vehicles to move larger volumes of 

22 goods and more passengers with less energy and 

23 emissions; 

24 (5) to develop cost-effective advanced tech25 nologies for wide-scale utilization throughout the 


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1 passenger, commercial, government, and transit ve2 hicle sectors; 

3 (6) to allow for greater consumer choice of vehi4 cle technologies and fuels; 

5 (7) shorten technology development and inte6 gration cycles in the vehicle industry; 

7 (8) to ensure a proper balance and diversity of 

8 Federal investment in vehicle technologies; and 

9 (9) to strengthen partnerships between Federal 

10 and State governmental agencies and the private 

11 and academic sectors. 

12 SEC. 1303. COORDINATION AND NONDUPLICATION. 

13 The Secretary shall ensure, to the maximum extent 

14 practicable, that the activities authorized by this subtitle 

15 do not duplicate those of other programs within the De16 partment or other relevant research agencies. 

17 SEC. 1304. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Sec19 retary for research, development, engineering, demonstra20 tion, and commercial application of vehicles and related 

21 technologies in the United States, including activities au22 thorized under this subtitle— 

23 (1) for fiscal year 2016, $313,567,000; 

24 (2) for fiscal year 2017, $326,109,000; 

25 (3) for fiscal year 2018, $339,154,000; 


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1 (4) for fiscal year 2019, $352,720,000; and 

2 (5) for fiscal year 2020, $366,829,000. 

3 SEC. 1305. REPORTING. 

4 (a) TECHNOLOGIES DEVELOPED.—Not later than 18 

5 months after the date of enactment of this Act and annu6 ally thereafter through 2020, the Secretary shall submit 

7 to Congress a report regarding the technologies developed 

8 as a result of the activities authorized by this subtitle, with 

9 a particular emphasis on whether the technologies were 

10 successfully adopted for commercial applications, and if 

11 so, whether products relying on those technologies are 

12 manufactured in the United States. 

13 (b) ADDITIONAL MATTERS.—At the end of each fis14 cal year through 2020, the Secretary shall submit to the 

15 relevant Congressional committees of jurisdiction an an16 nual report describing activities undertaken in the pre17 vious year under this Act, active industry participants, the 

18 status of public private partnerships, progress of the pro19 gram in meeting goals and timelines, and a strategic plan 

20 for funding of activities across agencies. 

21 PART I—VEHICLE RESEARCH AND 

22 DEVELOPMENT 

23 SEC. 1306. PROGRAM. 

24 (a) ACTIVITIES.—The Secretary shall conduct a pro25 gram of basic and applied research, development, engiVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 neering, demonstration, and commercial application activi2 ties on materials, technologies, and processes with the po3 tential to substantially reduce or eliminate petroleum use 

4 and the emissions of the Nation’s passenger and commer5 cial vehicles, including activities in the areas of— 

6 (1) electrification of vehicle systems; 

7 (2) batteries, ultracapacitors, and other energy 

8 storage devices; 

9 (3) power electronics; 

10 (4) vehicle, component, and subsystem manu11 facturing technologies and processes; 

12 (5) engine efficiency and combustion optimiza13 tion; 

14 (6) waste heat recovery; 

15 (7) transmission and drivetrains; 

16 (8) hydrogen vehicle technologies, including fuel 

17 cells and internal combustion engines, and hydrogen 

18 infrastructure, including hydrogen energy storage to 

19 enable renewables and provide hydrogen for fuel and 

20 power; 

21 (9) natural gas vehicle technologies; 

22 (10) aerodynamics, rolling resistance (including 

23 tires and wheel assemblies), and accessory power 

24 loads of vehicles and associated equipment; 


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1 (11) vehicle weight reduction, including 

2 lightweighting materials and the development of 

3 manufacturing processes to fabricate, assemble, and 

4 use dissimilar materials; 

5 (12) friction and wear reduction; 

6 (13) engine and component durability; 

7 (14) innovative propulsion systems; 

8 (15) advanced boosting systems; 

9 (16) hydraulic hybrid technologies; 

10 (17) engine compatibility with and optimization 

11 for a variety of transportation fuels including nat12 ural gas and other liquid and gaseous fuels; 

13 (18) predictive engineering, modeling, and sim14 ulation of vehicle and transportation systems; 

15 (19) refueling and charging infrastructure for 

16 alternative fueled and electric or plug-in electric hy17 brid vehicles, including the unique challenges facing 

18 rural areas; 

19 (20) gaseous fuels storage systems and system 

20 integration and optimization; 

21 (21) sensing, communications, and actuation 

22 technologies for vehicle, electrical grid, and infra23 structure; 

24 (22) efficient use, substitution, and recycling of 

25 potentially critical materials in vehicles, including 


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1 rare earth elements and precious metals, at risk of 

2 supply disruption; 

3 (23) aftertreatment technologies; 

4 (24) thermal management of battery systems; 

5 (25) retrofitting advanced vehicle technologies 

6 to existing vehicles; 

7 (26) development of common standards, speci8 fications, and architectures for both transportation 

9 and stationary battery applications; 

10 (27) advanced internal combustion engines; 

11 (28) mild hybrid; 

12 (29) engine down speeding; 

13 (30) vehicle-to-vehicle, vehicle-to-pedestrian, 

14 and vehicle-to-infrastructure technologies; and 

15 (31) other research areas as determined by the 

16 Secretary. 

17 (b) TRANSFORMATIONAL TECHNOLOGY.—The Sec18 retary shall ensure that the Department continues to sup19 port research, development, engineering, demonstration, 

20 and commercial application activities and maintains com21 petency in mid- to long-term transformational vehicle tech22 nologies with potential to achieve reductions in emissions, 

23 including activities in the areas of— 

24 (1) hydrogen vehicle technologies, including fuel 

25 cells, hydrogen storage, infrastructure, and activities 


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1 in hydrogen technology validation and safety codes 

2 and standards; 

3 (2) multiple battery chemistries and novel en4 ergy storage devices, including nonchemical batteries 

5 and electromechanical storage technologies such as 

6 hydraulics, flywheels, and compressed air storage; 

7 (3) communication and connectivity among ve8 hicles, infrastructure, and the electrical grid; and 

9 (4) other innovative technologies research and 

10 development, as determined by the Secretary. 

11 (c) INDUSTRY PARTICIPATION.—To the maximum 

12 extent practicable, activities under this Act shall be carried 

13 out in partnership or collaboration with automotive manu14 facturers, heavy commercial, vocational, and transit vehi15 cle manufacturers, qualified plug-in electric vehicle manu16 facturers, compressed natural gas vehicle manufacturers, 

17 vehicle and engine equipment and component manufactur18 ers, manufacturing equipment manufacturers, advanced 

19 vehicle service providers, fuel producers and energy sup20 pliers, electric utilities, universities, national laboratories, 

21 and independent research laboratories. In carrying out 

22 this Act the Secretary shall— 

23 (1) determine whether a wide range of compa24 nies that manufacture or assemble vehicles or com25 ponents in the United States are represented in onVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 going public private partnership activities, including 

2 firms that have not traditionally participated in fed3 erally sponsored research and development activities, 

4 and where possible, partner with such firms that 

5 conduct significant and relevant research and devel6 opment activities in the United States; 

7 (2) leverage the capabilities and resources of, 

8 and formalize partnerships with, industry-led stake9 holder organizations, nonprofit organizations, indus10 try consortia, and trade associations with expertise 

11 in the research and development of, and education 

12 and outreach activities in, advanced automotive and 

13 commercial vehicle technologies; 

14 (3) develop more effective processes for trans15 ferring research findings and technologies to indus16 try; 

17 (4) support public-private partnerships, dedi18 cated to overcoming barriers in commercial applica19 tion of transformational vehicle technologies, that 

20 utilize such industry-led technology development fa21 cilities of entities with demonstrated expertise in 

22 successfully designing and engineering pre-commer23 cial generations of such transformational technology; 

24 and 


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1 (5) promote efforts to ensure that technology 

2 research, development, engineering, and commercial 

3 application activities funded under this Act are car4 ried out in the United States. 

5 (d) INTERAGENCY AND INTRAAGENCY COORDINA6 TION.—To the maximum extent practicable, the Secretary 

7 shall coordinate research, development, demonstration, 

8 and commercial application activities among— 

9 (1) relevant programs within the Department, 

10 including— 

11 (A) the Office of Energy Efficiency and 

12 Renewable Energy; 

13 (B) the Office of Science; 

14 (C) the Office of Electricity Delivery and 

15 Energy Reliability; 

16 (D) the Office of Fossil Energy; 

17 (E) the Advanced Research Projects Agen18 cy—Energy; and 

19 (F) other offices as determined by the Sec20 retary; and 

21 (2) relevant technology research and develop22 ment programs within other Federal agencies, as de23 termined by the Secretary. 

24 (e) FEDERAL DEMONSTRATION OF TECH25 NOLOGIES.—The Secretary shall make information availVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 able to procurement programs of Federal agencies regard2 ing the potential to demonstrate technologies resulting 

3 from activities funded through programs under this Act. 

4 (f) INTERGOVERNMENTAL COORDINATION.—The 

5 Secretary shall seek opportunities to leverage resources 

6 and support initiatives of State and local governments in 

7 developing and promoting advanced vehicle technologies, 

8 manufacturing, and infrastructure. 

9 (g) CRITERIA.—When awarding grants under this 

10 program, the Secretary shall give priority to those tech11 nologies (either individually or as part of a system) that— 

12 (1) provide the greatest aggregate fuel savings 

13 based on the reasonable projected sales volumes of 

14 the technology; and 

15 (2) provide the greatest increase in United 

16 States employment. 

17 SEC. 1307. MANUFACTURING. 

18 The Secretary shall carry out a research, develop19 ment, engineering, demonstration, and commercial appli20 cation program of advanced vehicle manufacturing tech21 nologies and practices, including innovative processes— 

22 (1) to increase the production rate and decrease 

23 the cost of advanced battery and fuel cell manufac24 turing; 


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1 (2) to vary the capability of individual manufac2 turing facilities to accommodate different battery 

3 chemistries and configurations; 

4 (3) to reduce waste streams, emissions, and en5 ergy intensity of vehicle, engine, advanced battery 

6 and component manufacturing processes; 

7 (4) to recycle and remanufacture used batteries 

8 and other vehicle components for reuse in vehicles or 

9 stationary applications; 

10 (5) to develop manufacturing processes to effec11 tively fabricate, assemble, and produce cost-effective 

12 lightweight materials such as advanced aluminum 

13 and other metal alloys, polymeric composites, and 

14 carbon fiber for use in vehicles; 

15 (6) to produce lightweight high pressure storage 

16 systems for gaseous fuels; 

17 (7) to design and manufacture purpose-built hy18 drogen fuel cell vehicles and components; 

19 (8) to improve the calendar life and cycle life of 

20 advanced batteries; and 

21 (9) to produce permanent magnets for advanced 

22 vehicles. 


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1 PART II—MEDIUM- AND HEAVY-DUTY 

2 COMMERCIAL AND TRANSIT VEHICLES 

3 SEC. 1308. PROGRAM. 

4 The Secretary, in partnership with relevant research 

5 and development programs in other Federal agencies, and 

6 a range of appropriate industry stakeholders, shall carry 

7 out a program of cooperative research, development, dem8 onstration, and commercial application activities on ad9 vanced technologies for medium- to heavy-duty commer10 cial, vocational, recreational, and transit vehicles, includ11 ing activities in the areas of— 

12 (1) engine efficiency and combustion research; 

13 (2) onboard storage technologies for compressed 

14 and liquefied natural gas; 

15 (3) development and integration of engine tech16 nologies designed for natural gas operation of a vari17 ety of vehicle platforms; 

18 (4) waste heat recovery and conversion; 

19 (5) improved aerodynamics and tire rolling re20 sistance; 

21 (6) energy and space-efficient emissions control 

22 systems; 

23 (7) mild hybrid, heavy hybrid, hybrid hydraulic, 

24 plug-in hybrid, and electric platforms, and energy 

25 storage technologies; 

26 (8) drivetrain optimization; 


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1 (9) friction and wear reduction; 

2 (10) engine idle and parasitic energy loss reduc3 tion; 

4 (11) electrification of accessory loads; 

5 (12) onboard sensing and communications tech6 nologies; 

7 (13) advanced lightweighting materials and ve8 hicle designs; 

9 (14) increasing load capacity per vehicle; 

10 (15) thermal management of battery systems; 

11 (16) recharging infrastructure; 

12 (17) compressed natural gas infrastructure; 

13 (18) advanced internal combustion engines; 

14 (19) complete vehicle and power pack modeling, 

15 simulation, and testing; 

16 (20) hydrogen vehicle technologies, including 

17 fuel cells and internal combustion engines, and hy18 drogen infrastructure, including hydrogen energy 

19 storage to enable renewables and provide hydrogen 

20 for fuel and power; 

21 (21) retrofitting advanced technologies onto ex22 isting truck fleets; 

23 (22) advanced boosting systems; 

24 (23) engine down speeding; and 


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1 (24) integration of these and other advanced 

2 systems onto a single truck and trailer platform. 

3 SEC. 1309. CLASS 8 TRUCK AND TRAILER SYSTEMS DEM4 ONSTRATION. 

5 (a) IN GENERAL.—The Secretary shall conduct a 

6 competitive grant program to demonstrate the integration 

7 of multiple advanced technologies on Class 8 truck and 

8 trailer platforms, including a combination of technologies 

9 listed in section 1308. 

10 (b) APPLICANT TEAMS.—Applicant teams may be 

11 comprised of truck and trailer manufacturers, engine and 

12 component manufacturers, fleet customers, university re13 searchers, and other applicants as appropriate for the de14 velopment and demonstration of integrated Class 8 truck 

15 and trailer systems. 

16 SEC. 1310. TECHNOLOGY TESTING AND METRICS. 

17 The Secretary, in coordination with the partners of 

18 the interagency research program described in section 

19 1308— 

20 (1) shall develop standard testing procedures 

21 and technologies for evaluating the performance of 

22 advanced heavy vehicle technologies under a range of 

23 representative duty cycles and operating conditions, 

24 including for heavy hybrid propulsion systems; 


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1 (2) shall evaluate heavy vehicle performance 

2 using work performance-based metrics other than 

3 those based on miles per gallon, including those 

4 based on units of volume and weight transported for 

5 freight applications, and appropriate metrics based 

6 on the work performed by nonroad systems; and 

7 (3) may construct heavy duty truck and bus 

8 testing facilities. 

9 SEC. 1311. NONROAD SYSTEMS PILOT PROGRAM. 

10 The Secretary shall undertake a pilot program of re11 search, development, demonstration, and commercial ap12 plications of technologies to improve total machine or sys13 tem efficiency for nonroad mobile equipment including ag14 ricultural, construction, air, and sea port equipment, and 

15 shall seek opportunities to transfer relevant research find16 ings and technologies between the nonroad and on-high17 way equipment and vehicle sectors. 

18 PART III—ADMINISTRATION 

19 SEC. 1312. REPEAL OF EXISTING AUTHORITIES. 

20 (a) IN GENERAL.—Sections 706, 711, 712, and 933 

21 of the Energy Policy Act of 2005 (42 U.S.C. 16051, 

22 16061, 16062, 16233) are repealed. 

23 (b) ENERGY EFFICIENCY.—Section 911 of the En24 ergy Policy Act of 2005 (42 U.S.C. 16191) is amended— 

25 (1) in subsection (a)— 


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1 (A) in paragraph (1)(A), by striking ‘‘vehi2 cles, buildings,’’ and inserting ‘‘buildings’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking subparagraph (A); and 

5 (ii) by redesignating subparagraphs 

6 (B) through (E) as subparagraphs (A) 

7 through (D), respectively; and 

8 (2) in subsection (c)— 

9 (A) by striking paragraph (3); 

10 (B) by redesignating paragraph (4) as 

11 paragraph (3); and 

12 (C) in paragraph (3) (as so redesignated), 

13 by striking ‘‘(a)(2)(D)’’ and inserting 

14 ‘‘(a)(2)(C)’’. 

15 TITLE II—INFRASTRUCTURE 

16 Subtitle A—Cybersecurity 

17 SEC. 2001. CYBERSECURITY THREATS. 

18 Part II of the Federal Power Act (16 U.S.C. 824 et 

19 seq.) is amended by adding at the end the following: 

20 ‘‘SEC. 224. CYBERSECURITY THREATS. 

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

22 ‘‘(1) BULK-POWER SYSTEM.—The term ‘bulk23 power system’ has the meaning given the term in 

24 section 215. 


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1 ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 

2 The term ‘critical electric infrastructure’ means a 

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

4 physical or virtual, the incapacity or destruction of 

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

8 ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN9 FORMATION.— 

10 ‘‘(A) IN GENERAL.—The term ‘critical 

11 electric infrastructure information’ means infor12 mation related to critical electric infrastructure, 

13 or proposed critical electric infrastructure, gen14 erated by or provided to the Commission or 

15 other Federal agency, other than classified na16 tional security information, that is designated 

17 as critical electric infrastructure information by 

18 the Commission under subsection (d)(2). 

19 ‘‘(B) INCLUSIONS.—The term ‘critical elec20 tric infrastructure information’ includes infor21 mation that qualifies as critical energy infra22 structure information under regulations promul23 gated by the Commission. 

24 ‘‘(4) CYBERSECURITY THREAT.—The term ‘cy25 bersecurity threat’ means the imminent danger of an 


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1 act that severely disrupts, attempts to severely dis2 rupt, or poses a significant risk of severely dis3 rupting the operation of programmable electronic de4 vices or communications networks (including hard5 ware, software, and data) essential to the reliable 

6 operation of the bulk-power system. 

7 ‘‘(5) ELECTRIC RELIABILITY ORGANIZATION.— 

8 The term ‘Electric Reliability Organization’ has the 

9 meaning given the term in section 215. 

10 ‘‘(6) REGIONAL ENTITY.—The term ‘regional 

11 entity’ has the meaning given the term in section 

12 215. 

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

14 the Secretary of Energy. 

15 ‘‘(b) EMERGENCY AUTHORITY OF SECRETARY.— 

16 ‘‘(1) IN GENERAL.—If the President notifies 

17 the Secretary that the President has made a deter18 mination that immediate action is necessary to pro19 tect the bulk-power system from a cybersecurity 

20 threat, the Secretary may require, by order and with 

21 or without notice, any entity that is registered with 

22 the Electric Reliability Organization as an owner, 

23 operator, or user of the bulk-power system to take 

24 such actions as the Secretary determines will best 

25 avert or mitigate the cybersecurity threat. 


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1 ‘‘(2) WRITTEN EXPLANATION.—As soon as 

2 practicable after notifying the Secretary under para3 graph (1), the President shall— 

4 ‘‘(A) provide to the Secretary, in writing, 

5 a record of the determination and an expla6 nation of the reasons for the determination; and 

7 ‘‘(B) promptly notify, in writing, congres8 sional committees of relevant jurisdiction, in9 cluding the Committee on Energy and Com10 merce of the House of Representatives and the 

11 Committee on Energy and Natural Resources of 

12 the Senate, of the contents of, and justification 

13 for, the directive or determination. 

14 ‘‘(3) COORDINATION WITH CANADA AND MEX15 ICO.—In exercising the authority pursuant to this 

16 subsection, the Secretary is encouraged to consult 

17 and coordinate with the appropriate officials in Can18 ada and Mexico responsible for the protection of cy19 bersecurity of the interconnected North American 

20 electricity grid. 

21 ‘‘(4) CONSULTATION.—Before exercising au22 thority pursuant to this subsection, to the maximum 

23 extent practicable, taking into consideration the na24 ture of an identified cybersecurity threat and the ur25 gency of need for action, the Secretary shall consult 


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1 regarding implementation of actions that will effec2 tively address the cybersecurity threat with— 

3 ‘‘(A) any entities potentially subject to the 

4 cybersecurity threat that own, control, or oper5 ate bulk-power system facilities; 

6 ‘‘(B) the Electric Reliability Organization; 

7 ‘‘(C) the Electricity Sub-sector Coordi8 nating Council (as established by the Electric 

9 Reliability Organization); and 

10 ‘‘(D) officials of other Federal departments 

11 and agencies, as appropriate. 

12 ‘‘(5) COST RECOVERY.— 

13 ‘‘(A) IN GENERAL.—The Commission shall 

14 adopt regulations that permit entities subject to 

15 an order under paragraph (1) to seek recovery 

16 of prudently incurred costs required to imple17 ment actions ordered by the Secretary under 

18 this subsection. 

19 ‘‘(B) REQUIREMENTS.—Any rate or charge 

20 approved under regulations adopted pursuant to 

21 this paragraph— 

22 ‘‘(i) shall be just and reasonable; and 

23 ‘‘(ii) shall not be unduly discrimina24 tory or preferential. 


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1 ‘‘(c) DURATION OF EMERGENCY ORDERS.—An order 

2 issued by the Secretary pursuant to subsection (b) shall 

3 remain in effect for not longer than the 30-day period be4 ginning on the effective date of the order, unless, during 

5 that 30 day-period, the Secretary— 

6 ‘‘(1) provides to interested persons an oppor7 tunity to submit written data, recommendations, and 

8 arguments; and 

9 ‘‘(2) affirms, amends, or repeals the order, sub10 ject to the condition that an amended order shall not 

11 exceed a total duration of 90 days. 

12 ‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC13 TRIC INFRASTRUCTURE.— 

14 ‘‘(1) PROTECTION OF CRITICAL ELECTRIC IN15 FRASTRUCTURE.—Critical electric infrastructure in16 formation— 

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

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

19 and 

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

21 State, political subdivision, or tribal authority 

22 pursuant to any State, political subdivision, or 

23 tribal law requiring disclosure of information or 

24 records. 


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1 ‘‘(2) DESIGNATION AND SHARING OF CRITICAL

2 ELECTRIC INFRASTRUCTURE INFORMATION.—Not 

3 later than 1 year after the date of enactment of this 

4 section, the Commission, in consultation with the 

5 Secretary of Energy, shall promulgate such regula6 tions and issue such orders as necessary— 

7 ‘‘(A) to designate critical electric infra8 structure information; 

9 ‘‘(B) to prohibit the unauthorized disclo10 sure of critical electric infrastructure informa11 tion; and 

12 ‘‘(C) to ensure there are appropriate sanc13 tions in place for Commissioners, officers, em14 ployees, or agents of the Commission who 

15 knowingly and willfully disclose critical electric 

16 infrastructure information in a manner that is 

17 not authorized under this section; 

18 ‘‘(3) CONSIDERATIONS.—In promulgating regu19 lations and issuing orders under paragraph (2), the 

20 Commission shall take into consideration the role of 

21 State commissions in— 

22 ‘‘(A) reviewing the prudence and cost of 

23 investments; 

24 ‘‘(B) determining the rates and terms of 

25 conditions for electric services; and 


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1 ‘‘(C) ensuring the safety and reliability of 

2 the bulk-power system and distribution facilities 

3 within the respective jurisdictions of the State 

4 commissions. 

5 ‘‘(4) NO REQUIRED SHARING OF INFORMA6 TION.—Nothing in this section requires a person or 

7 entity in possession of critical electric infrastructure 

8 information to share the information with Federal, 

9 State, political subdivision, or tribal authorities, or 

10 any other person or entity. 

11 ‘‘(5) DISCLOSURE OF NONCRITICAL ELECTRIC

12 INFRASTRUCTURE INFORMATION.—In carrying out 

13 this section, the Commission shall segregate critical 

14 electric infrastructure information within documents 

15 and electronic communications, wherever feasible, to 

16 facilitate disclosure of information that is not des17 ignated as critical electric infrastructure informa18 tion.’’. 

19 SEC. 2002. ENHANCED GRID SECURITY. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ELECTRIC UTILITY.—The term ‘‘electric 

22 utility’’ has the meaning given the term in section 

23 3 of the Federal Power Act (16 U.S.C. 796). 


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1 (2) ES–ISAC.—The term ‘‘ES–ISAC’’ means 

2 the Electricity Sector Information Sharing and 

3 Analysis Center. 

4 (3) NATIONAL LABORATORY.—The term ‘‘Na5 tional Laboratory’’ has the meaning given the term 

6 in section 2 of the Energy Policy Act of 2005 (42 

7 U.S.C. 15801). 

8 (4) SECTOR-SPECIFIC AGENCY.—The term 

9 ‘‘Sector-Specific Agency’’ has the meaning given the 

10 term in the Presidential policy directive entitled 

11 ‘‘Critical Infrastructure Security and Resilience’’, 

12 numbered 21, and dated February 12, 2013. 

13 (b) SECTOR-SPECIFIC AGENCY FOR CYBERSECURITY

14 FOR THE ENERGY SECTOR.— 

15 (1) IN GENERAL.—The Department shall be the 

16 lead Sector-Specific Agency for cybersecurity for the 

17 energy sector. 

18 (2) DUTIES.—As the designated Sector-Specific 

19 Agency for cybersecurity, the duties of the Depart20 ment shall include— 

21 (A) coordinating with the Department of 

22 Homeland Security and other relevant Federal 

23 departments and agencies; 

24 (B) collaborating with— 


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1 (i) critical infrastructure owners and 

2 operators; and 

3 (ii) as appropriate— 

4 (I) independent regulatory agen5 cies; and 

6 (II) State, local, tribal and terri7 torial entities; 

8 (C) serving as a day-to-day Federal inter9 face for the dynamic prioritization and coordi10 nation of sector-specific activities; 

11 (D) carrying out incident management re12 sponsibilities consistent with applicable law (in13 cluding regulations) and other appropriate poli14 cies or directives; 

15 (E) providing, supporting, or facilitating 

16 technical assistance and consultations for the 

17 energy sector to identify vulnerabilities and help 

18 mitigate incidents, as appropriate; and 

19 (F) supporting the reporting requirements 

20 of the Department of Homeland Security under 

21 applicable law by providing, on an annual basis, 

22 sector-specific critical infrastructure informa23 tion. 


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1 (c) CYBERSECURITY FOR THE ENERGY SECTOR RE2 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO3 GRAM.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with appropriate Federal agencies, the energy 

6 sector, the States, and other stakeholders, shall 

7 carry out a program— 

8 (A) to develop advanced cybersecurity ap9 plications and technologies for the energy sec10 tor— 

11 (i) to identify and mitigate 

12 vulnerabilities, including— 

13 (I) dependencies on other critical 

14 infrastructure; and 

15 (II) impacts from weather and 

16 fuel supply; and 

17 (ii) to advance the security of field de18 vices and third-party control systems, in19 cluding— 

20 (I) systems for generation, trans21 mission, distribution, end use, and 

22 market functions; 

23 (II) specific electric grid elements 

24 including advanced metering, demand 


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1 response, distributed generation, and 

2 electricity storage; 

3 (III) forensic analysis of infected 

4 systems; and 

5 (IV) secure communications; 

6 (B) to leverage electric grid architecture as 

7 a means to assess risks to the energy sector, in8 cluding by implementing an all-hazards ap9 proach to communications infrastructure, con10 trol systems architecture, and power systems 

11 architecture; 

12 (C) to perform pilot demonstration projects 

13 with the energy sector to gain experience with 

14 new technologies; and 

15 (D) to develop workforce development cur16 ricula for energy sector-related cybersecurity. 

17 (2) AUTHORIZATION OF APPROPRIATIONS.— 

18 There is authorized to be appropriated to carry out 

19 this subsection $65,000,000 for each of fiscal years 

20 2017 through 2025. 

21 (d) ENERGY SECTOR COMPONENT TESTING FOR

22 CYBERRESILIENCE PROGRAM.— 

23 (1) IN GENERAL.—The Secretary shall carry 

24 out a program— 


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1 (A) to establish a cybertesting and mitiga2 tion program to identify vulnerabilities of en3 ergy sector supply chain products to known 

4 threats; 

5 (B) to oversee third-party cybertesting; 

6 and 

7 (C) to develop procurement guidelines for 

8 energy sector supply chain components. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There is authorized to be appropriated to carry out 

11 this subsection $15,000,000 for each of fiscal years 

12 2017 through 2025. 

13 (e) ENERGY SECTOR OPERATIONAL SUPPORT FOR

14 CYBERRESILIENCE PROGRAM.— 

15 (1) IN GENERAL.—The Secretary may carry out 

16 a program— 

17 (A) to enhance and periodically test— 

18 (i) the emergency response capabilities 

19 of the Department; and 

20 (ii) the coordination of the Depart21 ment with other agencies, the National 

22 Laboratories, and private industry; 

23 (B) to expand cooperation of the Depart24 ment with the intelligence communities for enVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 ergy sector-related threat collection and anal2 ysis; 

3 (C) to enhance the tools of the Department 

4 and ES–ISAC for monitoring the status of the 

5 energy sector; 

6 (D) to expand industry participation in 

7 ES–ISAC; and 

8 (E) to provide technical assistance to small 

9 electric utilities for purposes of assessing 

10 cybermaturity level. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $10,000,000 for each of fiscal years 

14 2017 through 2025. 

15 (f) MODELING AND ASSESSING ENERGY INFRA16 STRUCTURE RISK.— 

17 (1) IN GENERAL.—The Secretary shall develop 

18 an advanced energy security program to secure en19 ergy networks, including electric, natural gas, and 

20 oil exploration, transmission, and delivery. 

21 (2) SECURITY AND RESILIENCY OBJECTIVE.— 

22 The objective of the program developed under para23 graph (1) is to increase the functional preservation 

24 of the electric grid operations or natural gas and oil 

25 operations in the face of natural and human-made 


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1 threats and hazards, including electric magnetic 

2 pulse and geomagnetic disturbances. 

3 (3) ELIGIBLE ACTIVITIES.—In carrying out the 

4 program developed under paragraph (1), the Sec5 retary may— 

6 (A) develop capabilities to identify 

7 vulnerabilities and critical components that pose 

8 major risks to grid security if destroyed or im9 paired; 

10 (B) provide modeling at the national level 

11 to predict impacts from natural or human-made 

12 events; 

13 (C) develop a maturity model for physical 

14 security and cybersecurity; 

15 (D) conduct exercises and assessments to 

16 identify and mitigate vulnerabilities to the elec17 tric grid, including providing mitigation rec18 ommendations; 

19 (E) conduct research hardening solutions 

20 for critical components of the electric grid; 

21 (F) conduct research mitigation and recov22 ery solutions for critical components of the elec23 tric grid; and 


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1 (G) provide technical assistance to States 

2 and other entities for standards and risk anal3 ysis. 

4 (4) AUTHORIZATION OF APPROPRIATIONS.— 

5 There is authorized to be appropriated to carry out 

6 this subsection $10,000,000 for each of fiscal years 

7 2017 through 2025. 

8 (g) LEVERAGING EXISTING PROGRAMS.—The pro9 grams established under this section shall be carried out 

10 consistent with— 

11 (1) the report of the Department entitled 

12 ‘‘Roadmap to Achieve Energy Delivery Systems Cy13 bersecurity’’ and dated 2011; 

14 (2) existing programs of the Department; and 

15 (3) any associated strategic framework that 

16 links together academic and National Laboratory re17 searchers, electric utilities, manufacturers, and any 

18 other relevant private industry organizations, includ19 ing the Electricity Sub-sector Coordinating Council. 

20 (h) STUDY.— 

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

22 after the date of enactment of this Act, the Sec23 retary, in consultation with the Federal Energy Reg24 ulatory Commission and the North American Elec25 tric Reliability Corporation, shall conduct a study to 


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1 explore alternative management structures and fund2 ing mechanisms to expand industry membership and 

3 participation in ES–ISAC. 

4 (2) REPORT.—The Secretary shall submit to 

5 the appropriate committees of Congress a report de6 scribing the results of the study conducted under 

7 paragraph (1). 

8 Subtitle B—Strategic Petroleum 

9 Reserve 

10 SEC. 2101. STRATEGIC PETROLEUM RESERVE TEST DRAW11 DOWN AND SALE NOTIFICATION AND DEFINI12 TION CHANGE. 

13 (a) NOTICE TO CONGRESS.—Section 161(g) of the 

14 Energy Policy and Conservation Act (42 U.S.C. 6241(g)) 

15 is amended by striking paragraph (8) and inserting the 

16 following: 

17 ‘‘(8) NOTICE TO CONGRESS.— 

18 ‘‘(A) PRIOR NOTICE.—Not less than 14 

19 days before the date on which a test is carried 

20 out under this subsection, the Secretary shall 

21 notify both Houses of Congress of the test. 

22 ‘‘(B) EMERGENCY.—The prior notice re23 quirement in subparagraph (A) shall not apply 

24 if the Secretary determines that an emergency 

25 exists which requires a test to be carried out, 


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1 in which case the Secretary shall notify both 

2 Houses of Congress of the test as soon as pos3 sible. 

4 ‘‘(C) DETAILED DESCRIPTION.— 

5 ‘‘(i) IN GENERAL.—Not later than 

6 180 days after the date on which a test is 

7 completed under this subsection, the Sec8 retary shall submit to both Houses of Con9 gress a detailed description of the test. 

10 ‘‘(ii) REPORT.—A detailed description 

11 submitted under clause (i) may be included 

12 as part of a report made to the President 

13 and Congress under section 165.’’. 

14 (b) DEFINITION CHANGE.—Section 3(8)(C)(iii) of 

15 the Energy Policy and Conservation Act (42 U.S.C. 

16 6202(8)(C)(iii)) is amended by striking ‘‘sabotage or an 

17 act of God’’ and inserting ‘‘sabotage, an act of terrorism, 

18 or an act of God’’. 

19 SEC. 2102. STRATEGIC PETROLEUM RESERVE MISSION 

20 READINESS OPTIMIZATION. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary shall— 

23 (1) complete a long-range strategic review of 

24 the Strategic Petroleum Reserve; and 


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1 (2) develop and submit to Congress a proposed 

2 action plan, including a proposed implementation 

3 schedule, that— 

4 (A) specifies near- and long-term roles of 

5 the Strategic Petroleum Reserve relative to the 

6 energy and economic security goals and objec7 tives of the United States; 

8 (B) describes whether existing legal au9 thorities that govern the policies, configuration, 

10 and capabilities of the Strategic Petroleum Re11 serve are adequate to ensure that the Strategic 

12 Petroleum Reserve can meet the current and 

13 future energy and economic security goals and 

14 objectives of the United States; 

15 (C) identifies the configuration and per16 formance capabilities of the Strategic Petro17 leum Reserve and recommends an action plan 

18 to achieve the optimal — 

19 (i) capacity, location, and composition 

20 of petroleum products in the Strategic Pe21 troleum Reserve; and 

22 (ii) storage and distributional capabili23 ties; and 

24 (D) estimates the resources required to at25 tain and maintain the long-term sustainability 


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1 and operational effectiveness of the Strategic 

2 Petroleum Reserve. 

3 SEC. 2103. STRATEGIC PETROLEUM RESERVE MODERNIZA4 TION. 

5 (a) REAFFIRMATION OF POLICY.—Congress reaf6 firms the continuing strategic importance and need for the 

7 Strategic Petroleum Reserve as found and declared in sec8 tion 151 of the Energy Policy and Conservation Act (42 

9 U.S.C. 6231). 

10 (b) SPR PETROLEUM ACCOUNT.—Section 167(b) of 

11 the Energy Policy and Conservation Act (42 U.S.C. 

12 6247(b)) is amended to read as follows: 

13 ‘‘(b) OBLIGATION OF FUNDS FOR THE ACQUISITION, 

14 TRANSPORTATION, AND INJECTION OF PETROLEUM

15 PRODUCTS INTO SPR AND FOR OTHER PURPOSES.— 

16 ‘‘(1) PURPOSES.—Amounts in the Account may 

17 be obligated by the Secretary of Energy for— 

18 ‘‘(A) the acquisition, transportation, and 

19 injection of petroleum products into the Re20 serve; 

21 ‘‘(B) test sales of petroleum products from 

22 the Reserve; 

23 ‘‘(C) the drawdown, sale, and delivery of 

24 petroleum products from the Reserve; 


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1 ‘‘(D) the construction, maintenance, re2 pair, and replacement of storage facilities and 

3 related facilities; and 

4 ‘‘(E) carrying out non-Reserve projects 

5 needed to enhance the energy security of the 

6 United States by increasing the resilience, reli7 ability, safety, and security of energy supply, 

8 transmission, storage, or distribution infrastruc9 ture. 

10 ‘‘(2) AMOUNTS.—Amounts in the Account may 

11 be obligated by the Secretary of Energy for purposes 

12 of paragraph (1), in the case of any fiscal year— 

13 ‘‘(A) subject to section 660 of the Depart14 ment of Energy Organization Act (42 U.S.C. 

15 7270), in such aggregate amounts as may be 

16 appropriated in advance in appropriations Acts; 

17 and 

18 ‘‘(B) notwithstanding section 660 of the 

19 Department of Energy Organization Act (42 

20 U.S.C. 7270), in an aggregate amount equal to 

21 the aggregate amount of the receipts to the 

22 United States from the sale of petroleum prod23 ucts in any drawdown and a distribution of the 

24 Reserve under section 161, including— 


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1 ‘‘(i) a drawdown and distribution car2 ried out under subsection (g) of that sec3 tion; or 

4 ‘‘(ii) from the sale of petroleum prod5 ucts under section 160(f). 

6 ‘‘(3) AVAILABILITY OF FUNDS.—Funds avail7 able to the Secretary of Energy for obligation under 

8 this subsection may remain available without fiscal 

9 year limitation.’’. 

10 (c) DEFINITION OF RELATED FACILITY.—Section 

11 152(8) of the Energy Policy and Conservation Act (42 

12 U.S.C. 6232(8)) is amended by inserting ‘‘terminals,’’ 

13 after ‘‘reservoirs,’’. 

14 Subtitle C—Trade 

15 SEC. 2201. ACTION ON APPLICATIONS TO EXPORT LIQUE16 FIED NATURAL GAS. 

17 (a) DECISION DEADLINE.—For proposals that must 

18 also obtain authorization from the Federal Energy Regu19 latory Commission or the Maritime Administration to site, 

20 construct, expand, or operate liquefied natural gas export 

21 facilities, the Secretary shall issue a final decision on any 

22 application for the authorization to export natural gas 

23 under section 3(a) of the Natural Gas Act (15 U.S.C. 

24 717b(a)) not later than 45 days after the later of— 


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1 (1) the conclusion of the review to site, con2 struct, expand, or operate the liquefied natural gas 

3 export facilities required by the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

5 or 

6 (2) the date of enactment of this Act. 

7 (b) CONCLUSION OF REVIEW.—For purposes of sub8 section (a), review required by the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall 

10 be considered concluded when the lead agency— 

11 (1) for a project requiring an Environmental 

12 Impact Statement, publishes a Final Environmental 

13 Impact Statement; 

14 (2) for a project for which an Environmental 

15 Assessment has been prepared, publishes a Finding 

16 of No Significant Impact; or 

17 (3) determines that an application is eligible for 

18 a categorical exclusion pursuant to National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

20 seq.) implementing regulations. 

21 (c) JUDICIAL REVIEW.— 

22 (1) IN GENERAL.—Except for review in the Su23 preme Court, the United States Court of Appeals for 

24 the District of Columbia Circuit or the circuit in 

25 which the liquefied natural gas export facility will be 


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1 located pursuant to an application described in sub2 section (a) shall have original and exclusive jurisdic3 tion over any civil action for the review of— 

4 (A) an order issued by the Secretary with 

5 respect to such application; or 

6 (B) the failure of the Secretary to issue a 

7 final decision on such application. 

8 (2) ORDER.—If the Court in a civil action de9 scribed in paragraph (1) finds that the Secretary 

10 has failed to issue a final decision on the application 

11 as required under subsection (a), the Court shall 

12 order the Secretary to issue the final decision not 

13 later than 30 days after the order of the Court. 

14 (3) EXPEDITED CONSIDERATION.—The Court 

15 shall— 

16 (A) set any civil action brought under this 

17 subsection for expedited consideration; and 

18 (B) set the matter on the docket as soon 

19 as practicable after the filing date of the initial 

20 pleading. 

21 (4) TRANSFERS.—In the case of an application 

22 described in subsection (a) for which a petition for 

23 review has been filed— 

24 (A) upon motion by an applicant, the mat25 ter shall be transferred to the United States 


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1 Court of Appeals for the District of Columbia 

2 Circuit or the circuit in which a liquefied nat3 ural gas export facility will be located pursuant 

4 to an application described in section 3(a) of 

5 the Natural Gas Act (15 U.S.C. 717b(a)); and 

6 (B) the provisions of this section shall 

7 apply. 

8 SEC. 2202. PUBLIC DISCLOSURE OF LIQUEFIED NATURAL 

9 GAS EXPORT DESTINATIONS. 

10 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

11 is amended by adding at the end the following: 

12 ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DES13 TINATIONS.— 

14 ‘‘(1) IN GENERAL.—In the case of any author15 ization to export liquefied natural gas, the Secretary 

16 of Energy shall require the applicant to report to the 

17 Secretary of Energy the names of the 1 or more 

18 countries of destination to which the exported lique19 fied natural gas is delivered. 

20 ‘‘(2) TIMING.—The applicant shall file the re21 port required under paragraph (1) not later than— 

22 ‘‘(A) in the case of the first export, the 

23 last day of the month following the month of 

24 the first export; and 


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1 ‘‘(B) in the case of subsequent exports, the 

2 date that is 30 days after the last day of the 

3 applicable month concerning the activity of the 

4 previous month. 

5 ‘‘(3) DISCLOSURE.—The Secretary of Energy 

6 shall publish the information reported under this 

7 subsection on the website of the Department of En8 ergy and otherwise make the information available 

9 to the public.’’. 

10 SEC. 2203. ENERGY DATA COLLABORATION. 

11 (a) IN GENERAL.—The Administrator of the Energy 

12 Information Administration (referred to in this section as 

13 the ‘‘Administrator’’) shall collaborate with the appro14 priate officials in Canada and Mexico, as determined by 

15 the Administrator, to improve— 

16 (1) the quality and transparency of energy data 

17 in North America through reconciliation of data on 

18 energy trade flows among the United States, Can19 ada, and Mexico; 

20 (2) the extension of energy mapping capabilities 

21 in the United States, Canada, and Mexico; and 

22 (3) the development of common energy data 

23 terminology among the United States, Canada, and 

24 Mexico. 


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1 (b) PERIODIC UPDATES.—The Administrator shall 

2 periodically submit to the Committee on Energy and Nat3 ural Resources of the Senate and the Committee on En4 ergy and Commerce of the House of Representatives an 

5 update on— 

6 (1) the extent to which energy data is being 

7 shared under subsection (a); and 

8 (2) whether forward-looking projections for re9 gional energy flows are improving in accuracy as a 

10 result of the energy data sharing under that sub11 section. 

12 Subtitle D—Electricity and Energy 

13 Storage 

14 SEC. 2301. GRID STORAGE PROGRAM. 

15 (a) IN GENERAL.—The Secretary shall conduct a 

16 program of research, development, and demonstration of 

17 electric grid energy storage that addresses the principal 

18 challenges identified in the 2013 Department of Energy 

19 Strategic Plan for Grid Energy Storage. 

20 (b) AREAS OF FOCUS.—The program under this sec21 tion shall focus on— 

22 (1) materials and electrochemical systems re23 search; 

24 (2) power conversion technologies research; 

25 (3) developing— 


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1 (A) empirical and science-based industry 

2 standards to compare the storage capacity, 

3 cycle length and capabilities, and reliability of 

4 different types of electricity storage; and 

5 (B) validation and testing techniques; 

6 (4) other fundamental and applied research 

7 critical to widespread deployment of electricity stor8 age; 

9 (5) device development that builds on results 

10 from research described in paragraphs (1), (2), and 

11 (4), including combinations of power electronics, ad12 vanced optimizing controls, and energy storage as a 

13 general purpose element of the electric grid; 

14 (6) grid-scale testing and analysis of storage 

15 devices, including test-beds and field trials; 

16 (7) cost-benefit analyses that inform capital ex17 penditure planning for regulators and owners and 

18 operators of components of the electric grid; 

19 (8) electricity storage device safety and reli20 ability, including potential failure modes, mitigation 

21 measures, and operational guidelines; 

22 (9) standards for storage device performance, 

23 control interface, grid interconnection, and inter24 operability; and 


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1 (10) maintaining a public database of energy 

2 storage projects, policies, codes, standards, and reg3 ulations. 

4 (c) ASSISTANCE TO STATES.—The Secretary may 

5 provide technical and financial assistance to States, Indian 

6 tribes, or units of local government to participate in or 

7 use research, development, or deployment of technology 

8 developed under this section. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary to carry 

11 out this section $50,000,000 for each of fiscal years 2017 

12 through 2026. 

13 (e) NO EFFECT ON OTHER PROVISIONS OF LAW.— 

14 Nothing in this subtitle or an amendment made by this 

15 subtitle authorizes regulatory actions that would duplicate 

16 or conflict with regulatory requirements, mandatory 

17 standards, or related processes under section 215 of the 

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

19 SEC. 2302. ELECTRIC SYSTEM GRID ARCHITECTURE, SCE20 NARIO DEVELOPMENT, AND MODELING. 

21 (a) GRID ARCHITECTURE AND SCENARIO DEVELOP22 MENT.— 

23 (1) IN GENERAL.—Subject to paragraph (2), 

24 the Secretary shall establish and facilitate a collabo25 rative process to develop model grid architecture and 


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1 a set of future scenarios for the electric system to 

2 examine the impacts of different combinations of re3 sources (including different quantities of distributed 

4 energy resources and large-scale, central generation) 

5 on the electric grid. 

6 (2) MARKET STRUCTURE.—The grid architec7 ture and scenarios developed under paragraph (1) 

8 shall account for differences in market structure, in9 cluding an examination of the potential for stranded 

10 costs in each type of market structure. 

11 (3) FINDINGS.—Based on the findings of grid 

12 architecture developed under paragraph (1), the Sec13 retary shall— 

14 (A) determine whether any additional 

15 standards are necessary to ensure the interoper16 ability of grid systems and associated commu17 nications networks; and 

18 (B) if the Secretary makes a determination 

19 that additional standards are necessary under 

20 subparagraph (A), make recommendations for 

21 additional standards, including, as may be ap22 propriate, to the Electric Reliability Organiza23 tion under section 215 of the Federal Power 

24 Act (16 U.S.C. 824o). 


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1 (b) MODELING.—Subject to subsection (c), the Sec2 retary shall— 

3 (1) conduct modeling based on the scenarios de4 veloped under subsection (a); and 

5 (2) analyze and evaluate the technical and fi6 nancial impacts of the models to assist States, utili7 ties, and other stakeholders in— 

8 (A) enhancing strategic planning efforts; 

9 (B) avoiding stranded costs; and 

10 (C) maximizing the cost-effectiveness of fu11 ture grid-related investments. 

12 (c) INPUT.—The Secretary shall develop the sce13 narios and conduct the modeling and analysis under sub14 sections (a) and (b) with participation or input, as appro15 priate, from— 

16 (1) the National Laboratories; 

17 (2) States; 

18 (3) State regulatory authorities; 

19 (4) transmission organizations; 

20 (5) representatives of the electric industry; 

21 (6) academic institutions; 

22 (7) independent research institutes; and 

23 (8) other entities. 


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1 SEC. 2303. TECHNOLOGY DEMONSTRATION ON THE DIS2 TRIBUTION SYSTEM. 

3 (a) IN GENERAL.—The Secretary shall establish a 

4 grant program to carry out eligible projects related to the 

5 modernization of the electric grid, including the applica6 tion of technologies to improve observability, advanced 

7 controls, and prediction of system performance on the dis8 tribution system. 

9 (b) ELIGIBLE PROJECTS.—To be eligible for a grant 

10 under subsection (a), a project shall— 

11 (1) be designed to improve the performance and 

12 efficiency of the future electric grid, while ensuring 

13 the continued provision of safe, secure, reliable, and 

14 affordable power; and 

15 (2) demonstrate— 

16 (A) secure integration and management of 

17 2 or more energy resources, including distrib18 uted energy generation, combined heat and 

19 power, micro-grids, energy storage, electric ve20 hicles, energy efficiency, demand response, and 

21 intelligent loads; and 

22 (B) secure integration and interoperability 

23 of communications and information tech24 nologies. 


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1 (c) PARTICIPATION.—Projects conducted under sub2 section (b) shall include the participation of a partnership 

3 consisting of 2 or more entities that— 

4 (1) may include 

5 (A) any institution of higher education; 

6 (B) a National Laboratory; 

7 (C) a representative of a State or local 

8 government; 

9 (D) a representative of an Indian tribe; or 

10 (E) a Federal power marketing adminis11 tration; and 

12 (2) shall include at least 1 of any of— 

13 (A) an investor-owned electric utility; 

14 (B) a publicly owned utility; 

15 (C) a technology provider; 

16 (D) a rural electric cooperative; 

17 (E) a regional transmission organization; 

18 or 

19 (F) an independent system operator 

20 (d) CYBERSECURITY PLAN.—Each demonstration 

21 project conducted under subsection (a) shall include the 

22 development of a cybersecurity plan approved by the Sec23 retary. 

24 (e) PRIVACY RISK ANALYSIS.—Each demonstration 

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1 vacy impact assessment that evaluates the project against 

2 the 5 core concepts in the Voluntary Code of Conduct of 

3 the Department, commonly known as the ‘‘DataGuard 

4 Energy Data Privacy Program’’, or the most recent revi5 sions to the privacy program of the Department. 

6 SEC. 2304. HYBRID MICRO-GRID SYSTEMS FOR ISOLATED 

7 AND RESILIENT COMMUNITIES. 

8 (a) DEFINITIONS.—In this section: 

9 (1) HYBRID MICRO-GRID SYSTEM.—The term 

10 ‘‘hybrid micro-grid system’’ means a stand-alone 

11 electrical system that— 

12 (A) is comprised of conventional generation 

13 and at least 1 alternative energy resource; and 

14 (B) may use grid-scale energy storage. 

15 (2) ISOLATED COMMUNITY.—The term ‘‘iso16 lated community’’ means a community that is pow17 ered by a stand-alone electric generation and dis18 tribution system without the economic and reliability 

19 benefits of connection to a regional electric grid. 

20 (3) MICRO-GRID SYSTEM.—The term ‘‘micro21 grid system’’ means a standalone electrical system 

22 that uses grid-scale energy storage. 

23 (4) STRATEGY.—The term ‘‘strategy’’ means 

24 the strategy developed pursuant to subsection 

25 (b)(2)(B). 


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1 (b) PROGRAM.— 

2 (1) ESTABLISHMENT.—The Secretary shall es3 tablish a program to promote the development of— 

4 (A) hybrid micro-grid systems for isolated 

5 communities; and 

6 (B) micro-grid systems to increase the re7 silience of critical infrastructure. 

8 (2) PHASES.—The program established under 

9 paragraph (1) shall be divided into the following 

10 phases: 

11 (A) Phase I, which shall consist of the de12 velopment of a feasibility assessment for— 

13 (i) hybrid micro-grid systems in iso14 lated communities; and 

15 (ii) micro-grid systems to enhance the 

16 resilience of critical infrastructure. 

17 (B) Phase II, which shall consist of the de18 velopment of an implementation strategy, in ac19 cordance with paragraph (3), to promote the 

20 development of hybrid micro-grid systems for 

21 isolated communities, particularly for those 

22 communities exposed to extreme weather condi23 tions and high energy costs, including elec24 tricity, space heating and cooling, and transpor25 tation. 


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1 (C) Phase III, which shall be carried out 

2 in parallel with Phase II and consist of the de3 velopment of an implementation strategy to 

4 promote the development of micro-grid systems 

5 that increase the resilience of critical infrastruc6 ture. 

7 (D) Phase IV, which shall consist of cost8 shared demonstration projects, based upon the 

9 strategies developed under subparagraph (B) 

10 that include the development of physical and cy11 bersecurity plans to take appropriate measures 

12 to protect and secure the electric grid. 

13 (E) Phase V, which shall establish a bene14 fits analysis plan to help inform regulators, pol15 icymakers, and industry stakeholders about the 

16 affordability, environmental and resilience bene17 fits associated with Phases II, III and IV. 

18 (3) REQUIREMENTS FOR STRATEGY.—In devel19 oping the strategy under paragraph (2)(B), the Sec20 retary shall consider— 

21 (A) establishing future targets for the eco22 nomic displacement of conventional generation 

23 using hybrid micro-grid systems, including dis24 placement of conventional generation used for 


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1 electric power generation, heating and cooling, 

2 and transportation; 

3 (B) the potential for renewable resources, 

4 including wind, solar, and hydropower, to be in5 tegrated into a hybrid micro-grid system; 

6 (C) opportunities for improving the effi7 ciency of existing hybrid micro-grid systems; 

8 (D) the capacity of the local workforce to 

9 operate, maintain, and repair a hybrid micro10 grid system; 

11 (E) opportunities to develop the capacity of 

12 the local workforce to operate, maintain, and 

13 repair a hybrid micro-grid system; 

14 (F) leveraging existing capacity within 

15 local or regional research organizations, such as 

16 organizations based at institutions of higher 

17 education, to support development of hybrid 

18 micro-grid systems, including by testing novel 

19 components and systems prior to field deploy20 ment; 

21 (G) the need for basic infrastructure to de22 velop, deploy, and sustain a hybrid micro-grid 

23 system; 


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1 (H) input of traditional knowledge from 

2 local leaders of isolated communities in the de3 velopment of a hybrid micro-grid system; 

4 (I) the impact of hybrid micro-grid systems 

5 on defense, homeland security, economic devel6 opment, and environmental interests; 

7 (J) opportunities to leverage existing inter8 agency coordination efforts and recommenda9 tions for new interagency coordination efforts to 

10 minimize unnecessary overhead, mobilization, 

11 and other project costs; and 

12 (K) any other criteria the Secretary deter13 mines appropriate. 

14 (c) COLLABORATION.—The program established 

15 under subsection (b)(1) shall be carried out in collabora16 tion with relevant stakeholders, including, as appro17 priate— 

18 (1) States; 

19 (2) Indian tribes; 

20 (3) regional entities and regulators; 

21 (4) units of local government; 

22 (5) institutions of higher education; and 

23 (6) private sector entities. 

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

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1 retary shall submit to the Committee on Energy and Nat2 ural Resources of the Senate and the Committee on En3 ergy and Commerce of the House of Representatives a re4 port on the efforts to implement the program established 

5 under subsection (b)(1) and the status of the strategy de6 veloped under subsection (b)(2)(B). 

7 SEC. 2305. VOLUNTARY MODEL PATHWAYS. 

8 (a) ESTABLISHMENT OF VOLUNTARY MODEL PATH9 WAYS.— 

10 (1) ESTABLISHMENT.—Not later than 90 days 

11 after the date of enactment of this Act, the Sec12 retary shall initiate the development of voluntary 

13 model pathways for modernizing the electric grid 

14 through a collaborative, public-private effort that— 

15 (A) produces illustrative policy pathways 

16 that can be adapted for State and regional ap17 plications by regulators and policymakers; 

18 (B) facilitates the modernization of the 

19 electric grid to achieve the objectives described 

20 in paragraph (2); 

21 (C) ensures a reliable, resilient, affordable, 

22 safe, and secure electric system; and 

23 (D) acknowledges and provides for dif24 ferent priorities, electric systems, and rate 

25 structures across States and regions. 


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1 (2) OBJECTIVES.—The pathways established 

2 under paragraph (1) shall facilitate achievement of 

3 the following objectives: 

4 (A) Near real-time situational awareness of 

5 the electric system. 

6 (B) Data visualization. 

7 (C) Advanced monitoring and control of 

8 the advanced electric grid. 

9 (D) Enhanced certainty for private invest10 ment in the electric system. 

11 (E) Increased innovation. 

12 (F) Greater consumer empowerment. 

13 (G) Enhanced grid resilience, reliability, 

14 and robustness. 

15 (H) Improved— 

16 (i) integration of distributed energy 

17 resources; 

18 (ii) interoperability of the electric sys19 tem; and 

20 (iii) predictive modeling and capacity 

21 forecasting. 

22 (3) STEERING COMMITTEE.—Not later than 90 

23 days after the date of enactment of this Act, the 

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1 graph (1), to be composed of members appointed by 

2 the Secretary, consisting of persons with appropriate 

3 expertise representing a diverse range of interests in 

4 the public, private, and academic sectors, including 

5 representatives of— 

6 (A) the Smart Grid Task Force; and 

7 (B) the Smart Grid Advisory Committee. 

8 (b) TECHNICAL ASSISTANCE.—The Secretary may 

9 provide technical assistance to States, Indian tribes, or 

10 units of local government to adopt 1 or more elements of 

11 the pathways developed under subsection (a)(1). 

12 SEC. 2306. PERFORMANCE METRICS FOR ELECTRICITY IN13 FRASTRUCTURE PROVIDERS. 

14 (a) IN GENERAL.—Not later than 2 years after the 

15 date of enactment of this Act, the Secretary shall submit 

16 to the appropriate committees of Congress a report that 

17 includes— 

18 (1) an evaluation of the performance of the 

19 electric grid as of the date of the report; and 

20 (2) a description of the quantified costs and 

21 benefits associated with the changes evaluated under 

22 the scenarios developed under section 2302. 

23 (b) CONSIDERATIONS FOR DEVELOPMENT OF

24 METRICS.—In developing metrics for evaluating and 


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1 quantifying the electric grid under subsection (a), the Sec2 retary shall consider— 

3 (1) standard methodologies for calculating im4 provements or deteriorations in the performance 

5 metrics, such as reliability, grid efficiency, power 

6 quality, consumer satisfaction, sustainability, and fi7 nancial incentives; 

8 (2) standard methodologies for calculating value 

9 to ratepayers, including broad economic and related 

10 impacts from improvements to the performance 

11 metrics; 

12 (3) appropriate ownership and operating roles 

13 for electric utilities that would enable improved per14 formance through the adoption of emerging, com15 mercially available or advanced grid technologies or 

16 solutions, including— 

17 (A) multicustomer micro-grids; 

18 (B) distributed energy resources; 

19 (C) energy storage; 

20 (D) electric vehicles; 

21 (E) electric vehicle charging infrastructure; 

22 (F) integrated information and commu23 nications systems; 

24 (G) transactive energy systems; and 


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1 (H) advanced demand management sys2 tems; and 

3 (4) with respect to States, the role of the grid 

4 operator in enabling a robust future electric system 

5 to ensure that— 

6 (A) electric utilities remain financially via7 ble; 

8 (B) electric utilities make the needed in9 vestments that ensure a reliable, secure, and re10 silient grid; and 

11 (C) costs incurred to transform to an inte12 grated grid are allocated and recovered respon13 sibly, efficiently, and equitably. 

14 SEC. 2307. STATE AND REGIONAL ELECTRICITY DISTRIBU15 TION PLANNING. 

16 (a) IN GENERAL.—Upon the request of a State or 

17 regional organization, the Secretary shall partner with 

18 States and regional organizations to facilitate the develop19 ment of State and regional electricity distribution plans 

20 by— 

21 (1) conducting a resource assessment and anal22 ysis of future demand and distribution requirements; 

23 and 

24 (2) developing open source tools for State and 

25 regional planning and operations. 


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1 (b) RISK AND SECURITY ANALYSIS.—The assessment 

2 under subsection (a)(1) shall include— 

3 (1) the evaluation of the physical and cyberse4 curity needs of an advanced distribution manage5 ment system and the integration of distributed en6 ergy resources; and 

7 (2) advanced use of grid architecture to analyze 

8 risks in an all-hazards approach that includes com9 munications infrastructure, control systems architec10 ture, and power systems architecture. 

11 (c) TECHNICAL ASSISTANCE.—For the purpose of de12 veloping State and regional electricity distribution plans, 

13 the Secretary shall provide technical assistance to— 

14 (1) States; 

15 (2) regional reliability entities; and 

16 (3) other distribution asset owners and opera17 tors. 

18 SEC. 2308. AUTHORIZATION OF APPROPRIATIONS. 

19 There is authorized to be appropriated to the Sec20 retary to carry out sections 2302 through 2307 

21 $200,000,000 for each of fiscal years 2017 through 2026. 

22 SEC. 2309. ELECTRIC TRANSMISSION INFRASTRUCTURE 

23 PERMITTING. 

24 (a) INTERAGENCY RAPID RESPONSE TEAM FOR

25 TRANSMISSION.— 


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1 (1) ESTABLISHMENT.—There is established an 

2 interagency rapid response team, to be known as the 

3 ‘‘Interagency Rapid Response Team for Trans4 mission’’ (referred to in this subsection as the 

5 ‘‘Team’’), to expedite and improve the permitting 

6 process for electric transmission infrastructure on 

7 Federal land and non-Federal land. 

8 (2) MISSION.—The mission of the Team shall 

9 be— 

10 (A) to improve the timeliness and effi11 ciency of electric transmission infrastructure 

12 permitting; and 

13 (B) to facilitate the performance of main14 tenance and upgrades to electric transmission 

15 lines on Federal land and non-Federal land. 

16 (3) MEMBERSHIP.—The Team shall be com17 prised of representatives of— 

18 (A) the Federal Energy Regulatory Com19 mission; 

20 (B) the Department; 

21 (C) the Department of the Interior; 

22 (D) the Department of Defense; 

23 (E) the Department of Agriculture; 

24 (F) the Council on Environmental Quality; 

25 (G) the Department of Commerce; 


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1 (H) the Advisory Council on Historic Pres2 ervation; and 

3 (I) the Environmental Protection Agency. 

4 (4) DUTIES.—The Team shall— 

5 (A) facilitate coordination and unified envi6 ronmental documentation among electric trans7 mission infrastructure project applicants, Fed8 eral agencies, States, and Indian tribes involved 

9 in the siting and permitting process; 

10 (B) establish clear timelines for the review 

11 and coordination of electric transmission infra12 structure projects by the applicable agencies; 

13 (C) ensure that each electric transmission 

14 infrastructure project is posted on the Federal 

15 permitting transmission tracking system known 

16 as ‘‘e-Trans’’, including information on the sta17 tus and anticipated completion date of each 

18 project; and 

19 (D) regularly notify all participating mem20 bers of the Team involved in any specific permit 

21 of— 

22 (i) any outstanding agency action that 

23 is required with respect to the permit; and 

24 (ii) any approval or required comment 

25 that has exceeded statutory or agency 


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1 timelines for completion, including an iden2 tification of any Federal agency, depart3 ment, or field office that has not met the 

4 applicable timeline. 

5 (5) ANNUAL REPORTS.—Annually, the Team 

6 shall submit to the Committee on Energy and Nat7 ural Resources of the Senate and the Committee on 

8 Energy and Commerce of the House of Representa9 tives a report that describes the average completion 

10 time for specific categories of regionally and nation11 ally significant transmission projects, based on infor12 mation obtained from the applicable Federal agen13 cies. 

14 (6) USE OF DATA BY OMB.—Using data pro15 vided by the Team, the Director of the Office of 

16 Management and Budget shall prioritize inclusion of 

17 individual electric transmission infrastructure 

18 projects on the website operated by the Office of 

19 Management and Budget in accordance with section 

20 1122 of title 31, United States Code. 

21 (b) TRANSMISSION OMBUDSPERSON.— 

22 (1) ESTABLISHMENT.—To enhance and ensure 

23 the reliability of the electric grid, there is established 

24 within the Council on Environmental Quality the po25 sition of Transmission Ombudsperson (referred to in 


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1 this subsection as the ‘‘Ombudsperson’’), to provide 

2 a unified point of contact for— 

3 (A) resolving interagency or intra-agency 

4 issues or delays with respect to electric trans5 mission infrastructure permits; and 

6 (B) receiving and resolving complaints 

7 from parties with outstanding or in-process ap8 plications relating to electric transmission infra9 structure. 

10 (2) DUTIES.—The Ombudsperson shall— 

11 (A) establish a process for— 

12 (i) facilitating the permitting process 

13 for performance of maintenance and up14 grades to electric transmission lines on 

15 Federal land and non-Federal land, with a 

16 special emphasis on facilitating access for 

17 immediate maintenance, repair, and vege18 tation management needs; 

19 (ii) resolving complaints filed with the 

20 Ombudsperson with respect to in-process 

21 electric transmission infrastructure per22 mits; and 

23 (iii) issuing recommended resolutions 

24 to address the complaints filed with the 

25 Ombudsperson; and 


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1 (B) hear, compile, and share any com2 plaints filed with Ombudsperson relating to in3 process electric transmission infrastructure per4 mits. 

5 (c) AGREEMENTS.— 

6 (1) IN GENERAL.—The Secretary of the Inte7 rior, with respect to public lands (as defined in sec8 tion 103(e) of the Federal Land Policy and Manage9 ment Act (43 U.S.C. 1702(e)), and the Secretary of 

10 Agriculture, with respect to National Forest System 

11 land, shall provide for continuity of the existing use 

12 and occupancy for the transmission of electric en13 ergy by any Federal department or agency granted 

14 across public lands or National Forest System land. 

15 (2) AGREEMENTS.—The Secretary of the Inte16 rior or the Secretary of Agriculture, as applicable, 

17 within 30 days after receiving a request from the 

18 Federal department or agency administering the 

19 electric energy transmission facilities, shall, in con20 sultation with that department or agency, initiate 

21 agreements regarding the use and occupancy or 

22 right-of-way (including vegetation management 

23 agreements, where applicable). 


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1 SEC. 2310. REPORT BY TRANSMISSION ORGANIZATIONS ON 

2 DISTRIBUTED ENERGY RESOURCES AND 

3 MICRO-GRID SYSTEMS. 

4 (a) DEFINITIONS.—In this section: 

5 (1) DISTRIBUTED ENERGY RESOURCE.—The 

6 term ‘‘distributed energy resource’’ means an elec7 tricity supply resource that, as permitted by State 

8 law— 

9 (A)(i) is interconnected to the electric sys10 tem operated by a transmission organization at 

11 or below 69kV; and 

12 (ii) is subject to dispatch by the trans13 mission organization; and 

14 (B)(i) generates electricity using any pri15 mary energy source, including solar energy and 

16 other renewable resources; or 

17 (ii) stores energy and is capable of sup18 plying electricity to the electric system operated 

19 by the transmission organization from the stor20 age reservoir. 

21 (2) ELECTRIC GENERATING CAPACITY RE22 SOURCE.—The term ‘‘electric generating capacity re23 source’’ means an electric generating resource, as 

24 measured by the maximum load-carrying ability of 

25 the resource, exclusive of station use and planned, 

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1 ject to dispatch by a transmission organization to 

2 meet the resource adequacy needs of the systems op3 erated by the transmission organization. 

4 (3) MICRO-GRID SYSTEM.—The term ‘‘micro5 grid system’’ means an electrically distinct system 

6 under common control that— 

7 (A) serves an electric load at or below 

8 69kV from a distributed energy resource or 

9 electric generating capacity resource; and 

10 (B) is subject to dispatch by a trans11 mission organization. 

12 (4) TRANSMISSION ORGANIZATION.—The term 

13 ‘‘transmission organization’’ has the meaning given 

14 the term in section 3 of the Federal Power Act (16 

15 U.S.C. 796). 

16 (b) REPORT.— 

17 (1) NOTICE.—Not later than 14 days after the 

18 date of enactment of this section, the Commission 

19 shall submit to each transmission organization no20 tice that the transmission organization is required to 

21 file with the Commission a report in accordance with 

22 paragraph (2). 

23 (2) REPORT.—Not later than 180 days after 

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1 mission organization shall submit to the Commission 

2 a report that— 

3 (A)(i) identifies distributed energy re4 sources and micro-grid systems that are subject 

5 to dispatch by the transmission organization as 

6 of the date of the report; and 

7 (ii) describes the fuel sources and oper8 ational characteristics of such distributed en9 ergy resources and micro-grid systems, includ10 ing, to the extent practicable, a discussion of 

11 the benefits and costs associated with the dis12 tributed energy resources and micro-grid sys13 tems identified under clause (i); 

14 (B) evaluates, with due regard for oper15 ational and economic benefits and costs, the po16 tential for distributed energy resources and 

17 micro-grid systems to be deployed to the trans18 mission organization over the short- and long19 term periods in the planning cycle of the trans20 mission organization; and 

21 (C) identifies— 

22 (i) over the short- and long-term peri23 ods in the planning cycle of the trans24 mission organization, barriers to the de25 ployment to the transmission organization 


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1 of distributed energy resources and micro2 grid systems; and 

3 (ii) potential changes to the oper4 ational requirements for, or charges associ5 ated with, the interconnection of distrib6 uted energy resources and micro-grid sys7 tems to the transmission organization that 

8 would reduce the barriers identified under 

9 clause (i). 

10 SEC. 2311. NET METERING STUDY GUIDANCE. 

11 Title XVIII of Energy Policy Act of 2005 (Public 

12 Law 109–58; 119 Stat. 1122) is amended by adding at 

13 the end the following: 

14 ‘‘SEC. 1841. NET ENERGY METERING STUDY. 

15 ‘‘(a) IN GENERAL.—Not later than 180 days after 

16 the date of enactment of this Act, the Secretary shall— 

17 ‘‘(1) issue guidance on criteria required to be 

18 included in studies of net metering conducted by the 

19 Department; and 

20 ‘‘(2) undertake a study of net energy metering. 

21 ‘‘(b) REQUIREMENTS AND CONTENTS.—The model 

22 guidance issued under subsection (a) shall clarify without 

23 prejudice to other study criteria that any study of net en24 ergy metering, including the study conducted by the De25 partment under subsection (a) shall— 


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1 ‘‘(1) be publicly available; and 

2 ‘‘(2) assess benefits and costs of net energy me3 tering, including— 

4 ‘‘(A) load data, including hourly profiles; 

5 ‘‘(B) distributed generation production 

6 data; 

7 ‘‘(C) best available technology, including 

8 inverter capability; and 

9 ‘‘(D) benefits and costs of distributed en10 ergy deployment, including— 

11 ‘‘(i) environmental benefits; 

12 ‘‘(ii) changes in electric system reli13 ability; 

14 ‘‘(iii) changes in peak power require15 ments; 

16 ‘‘(iv) provision of ancillary services, 

17 including reactive power; 

18 ‘‘(v) changes in power quality; 

19 ‘‘(vi) changes in land-use effects; 

20 ‘‘(vii) changes in right-of-way acquisi21 tion costs; 

22 ‘‘(viii) changes in vulnerability to ter23 rorism; and 

24 ‘‘(ix) changes in infrastructure resil25 ience.’’. 


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1 Subtitle E—Computing 

2 SEC. 2401. EXASCALE COMPUTER RESEARCH PROGRAM. 

3 (a) RENAMING OF ACT.— 

4 (1) IN GENERAL.—Section 1 of the Department 

5 of Energy High-End Computing Revitalization Act 

6 of 2004 (15 U.S.C. 5501 note; Public Law 108– 

7 423) is amended by striking ‘‘Department of Energy 

8 High-End Computing Revitalization Act of 2004’’ 

9 and inserting ‘‘Exascale Computing Act of 2015’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 976(a)(1) of the Energy Policy Act of 2005 (42 

12 U.S.C. 16316(1)) is amended by striking ‘‘Depart13 ment of Energy High-End Computing Revitalization 

14 Act of 2004’’ and inserting ‘‘Exascale Computing 

15 Act of 2015’’. 

16 (b) DEFINITIONS.—Section 2 of the Exascale Com17 puting Act of 2015 (15 U.S.C. 5541) is amended— 

18 (1) by redesignating paragraphs (2) through 

19 (5) as paragraphs (3) through (6), respectively; 

20 (2) by striking paragraph (1) and inserting the 

21 following: 

22 ‘‘(1) DEPARTMENT.—The term ‘Department’ 

23 means the Department of Energy. 

24 ‘‘(2) EXASCALE COMPUTING.—The term 

25 ‘exascale computing’ means computing through the 


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1 use of a computing machine that performs near or 

2 above 10 to the 18th power floating point operations 

3 per second.’’; and 

4 (3) in paragraph (6) (as redesignated by para5 graph (1)), by striking ‘‘, acting through the Direc6 tor of the Office of Science of the Department of 

7 Energy’’. 

8 (c) DEPARTMENT OF ENERGY HIGH-END COM9 PUTING RESEARCH AND DEVELOPMENT PROGRAM.—Sec10 tion 3 of the Exascale Computing Act of 2015 (15 U.S.C. 

11 5542) is amended— 

12 (1) in subsection (a)(1), by striking ‘‘program’’ 

13 and inserting ‘‘coordinated program across the De14 partment’’; 

15 (2) in subsection (b)(2), by striking ‘‘, which 

16 may’’ and all that follows through ‘‘architectures’’; 

17 and 

18 (3) by striking subsection (d) and inserting the 

19 following: 

20 ‘‘(d) EXASCALE COMPUTING PROGRAM.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall con22 duct a research program (referred to in this sub23 section as the ‘Program’) to develop 2 or more 

24 exascale computing machine architectures to pro25 mote the missions of the Department. 


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1 ‘‘(2) IMPLEMENTATION.— 

2 ‘‘(A) IN GENERAL.—In carrying out the 

3 Program, the Secretary shall— 

4 ‘‘(i) establish 2 or more National Lab5 oratory partnerships with industry part6 ners and institutions of higher education 

7 for the research and development of 2 or 

8 more exascale computing architectures 

9 across all applicable organizations of the 

10 Department; and 

11 ‘‘(ii) provide, as appropriate, on a 

12 competitive, merit-reviewed basis, access 

13 for researchers in industries in the United 

14 States, institutions of higher education, 

15 National Laboratories, and other Federal 

16 agencies to the exascale computing systems 

17 developed pursuant to clause (i). 

18 ‘‘(B) SELECTION OF PARTNERS.—The Sec19 retary shall select members for the partnerships 

20 with the computing facilities of the Department 

21 under subparagraph (A) through a competitive, 

22 peer-review process. 

23 ‘‘(3) CODESIGN AND APPLICATION DEVELOP24 MENT.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 carry out the Program through an integration 

3 of applications, computer science, applied math4 ematics, and computer hardware architecture 

5 using the partnerships established pursuant to 

6 paragraph (2) to ensure that, to the maximum 

7 extent practicable, 2 or more exascale com8 puting machine architectures are capable of 

9 solving Department target applications and 

10 broader scientific problems. 

11 ‘‘(B) REPORT.—The Secretary shall sub12 mit to Congress a report on how the integration 

13 under subparagraph (A) is furthering applica14 tion science data and computational workloads 

15 across application interests, including national 

16 security, material science, physical science, cy17 bersecurity, biological science, the Materials Ge18 nome and BRAIN Initiatives of the President, 

19 advanced manufacturing, and the national elec20 tric grid. 

21 ‘‘(4) PROJECT REVIEW.— 

22 ‘‘(A) IN GENERAL.—The exascale architec23 tures developed pursuant to partnerships estab24 lished pursuant to paragraph (2) shall be re25 viewed through a project review process. 


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1 ‘‘(B) REPORT.—Not later than 90 days 

2 after the date of enactment of this subsection, 

3 the Secretary shall submit to Congress a report 

4 on— 

5 ‘‘(i) the results of the review con6 ducted under subparagraph (A); and 

7 ‘‘(ii) the coordination and manage8 ment of the Program to ensure an inte9 grated research program across the De10 partment. 

11 ‘‘(5) ANNUAL REPORTS.—At the time of the 

12 budget submission of the Department for each fiscal 

13 year, the Secretary, in consultation with the mem14 bers of the partnerships established pursuant to 

15 paragraph (2), shall submit to Congress a report 

16 that describes funding for the Program as a whole 

17 by functional element of the Department and critical 

18 milestones.’’. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 4 of the Exascale Computing Act of 2015 (15 U.S.C. 

21 5543) is amended— 

22 (1) by striking ‘‘this Act’’ and inserting ‘‘sec23 tion 3(d)’’; and 

24 (2) by striking paragraphs (1) through (3) and 

25 inserting the following: 


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1 ‘‘(1) $272,000,000 for fiscal year 2016; 

2 ‘‘(2) $340,000,000 for fiscal year 2017; and 

3 ‘‘(3) $360,000,000 for fiscal year 2018.’’. 

4 TITLE III—SUPPLY 

5 Subtitle A—Renewables 

6 PART I—HYDROELECTRIC 

7 SEC. 3001. HYDROPOWER REGULATORY IMPROVEMENTS. 

8 (a) SENSE OF CONGRESS ON THE USE OF HYDRO9 POWER RENEWABLE RESOURCES.—It is the sense of Con10 gress that— 

11 (1) hydropower is a renewable resource for pur12 poses of all Federal programs and is an essential 

13 source of energy in the United States; and 

14 (2) the United States should increase substan15 tially the capacity and generation of clean, renewable 

16 hydropower resources that would improve environ17 mental quality in the United States. 

18 (b) MODIFYING THE DEFINITION OF RENEWABLE

19 ENERGY TO INCLUDE HYDROPOWER.—Section 203 of the 

20 Energy Policy Act of 2005 (42 U.S.C. 15852) is amend21 ed— 

22 (1) in subsection (a), by striking ‘‘the following 

23 amounts’’ and all that follows through paragraph (3) 

24 and inserting ‘‘not less than 15 percent in fiscal year 


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1 2016 and each fiscal year thereafter shall be renew2 able energy.’’ ; and 

3 (2) in subsection (b), by striking paragraph (2) 

4 and inserting the following: 

5 ‘‘(2) RENEWABLE ENERGY.—The term ‘renew6 able energy’ means energy produced from solar, 

7 wind, biomass, landfill gas, ocean (including tidal, 

8 wave, current, and thermal), geothermal, municipal 

9 solid waste, or hydropower.’’. 

10 (c) LICENSES FOR CONSTRUCTION.—Section 4(e) of 

11 the Federal Power Act (16 U.S.C. 797(e)) is amended, 

12 in the first proviso, by striking ‘‘deem’’ and inserting ‘‘de13 termine to be’’. 

14 (d) PRELIMINARY PERMITS.—Section 5 of the Fed15 eral Power Act (16 U.S.C. 798) is amended— 

16 (1) in subsection (a), by striking ‘‘three’’ and 

17 inserting ‘‘4’’; and 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘Commission may extend 

20 the period of a preliminary permit once for not 

21 more than 2 additional years beyond the 3 

22 years’’ and inserting the following: ‘‘Commis23 sion may— 


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1 ‘‘(1) extend the period of a preliminary permit 

2 once for not more than 4 additional years beyond 

3 the 4 years’’; 

4 (B) by striking the period at the end and 

5 inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(2) after the end of an extension period grant8 ed under paragraph (1), issue an additional permit 

9 to the permittee if the Commission determines that 

10 there are extraordinary circumstances that warrant 

11 the issuance of the additional permit.’’. 

12 (e) TIME LIMIT FOR CONSTRUCTION OF PROJECT

13 WORKS.—Section 13 of the Federal Power Act (16 U.S.C. 

14 806) is amended in the second sentence by striking ‘‘once 

15 but not longer than two additional years’’ and inserting 

16 ‘‘for not more than 8 additional years,’’. 

17 (f) LICENSE TERM.—Section 15(e) of the Federal 

18 Power Act (16 U.S.C. 808(e)) is amended— 

19 (1) by striking ‘‘(e) Except’’ and inserting the 

20 following: 

21 ‘‘(e) LICENSE TERM ON RELICENSING.— 

22 ‘‘(1) IN GENERAL.—Except’’; and 

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

24 ‘‘(2) CONSIDERATION.—In determining the 

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1 sion shall consider project-related investments by the 

2 licensee over the term of the existing license (includ3 ing any terms under annual licenses) that resulted 

4 in new development, construction, capacity, effi5 ciency improvements, or environmental measures, 

6 but which did not result in the extension of the term 

7 of the license by the Commission.’’. 

8 (g) OPERATION OF NAVIGATION FACILITIES.—Sec9 tion 18 of the Federal Power Act (16 U.S.C. 811) is 

10 amended by striking the second, third, and fourth sen11 tences. 

12 (h) ALTERNATIVE CONDITIONS AND PRESCRIP13 TIONS.—Section 33 of the Federal Power Act (16 U.S.C. 

14 823d) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘deems’’ 

17 and inserting ‘‘determines’’; 

18 (B) in paragraph (2)(B), in the matter 

19 preceding clause (i), by inserting ‘‘determined 

20 to be necessary’’ before ‘‘by the Secretary’’; 

21 (C) by striking paragraph (4); and 

22 (D) by striking paragraph (5); 

23 (2) in subsection (b)— 

24 (A) by striking paragraph (4); and 

25 (B) by striking paragraph (5); and 


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1 (3) by adding at the end the following: 

2 ‘‘(c) FURTHER CONDITIONS.—This section applies to 

3 any further conditions or prescriptions proposed or im4 posed pursuant to section 4(e), 6, or 18.’’. 

5 (i) LICENSING PROCESS IMPROVEMENTS AND CO6 ORDINATION.—Part I of the Federal Power Act (16 

7 U.S.C. 792 et seq.) is amended by adding at the end the 

8 following: 

9 ‘‘SEC. 34. LICENSING PROCESS IMPROVEMENTS. 

10 ‘‘(a) LICENSE STUDIES.— 

11 ‘‘(1) IN GENERAL.—To facilitate the timely and 

12 efficient completion of the license proceedings under 

13 this part, the Commission shall— 

14 ‘‘(A) conduct an investigation of best prac15 tices in performing licensing studies, including 

16 methodologies and the design of studies to as17 sess the full range of environmental impacts of 

18 a project; 

19 ‘‘(B) compile a comprehensive collection of 

20 studies and data accessible to the public that 

21 could be used to inform license proceedings 

22 under this paragraph; and 

23 ‘‘(C) encourage license applicants and co24 operating agencies to develop and use, for the 

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1 eration of license applications, a limited number 

2 of open-source methodologies and tools applica3 ble across a wide array of projects, including 

4 water balance models and streamflow analyses. 

5 ‘‘(2) USE OF EXISTING STUDIES.—To the max6 imum extent practicable, the Commission shall use 

7 existing studies and data in individual licensing pro8 ceedings under this part in accordance with para9 graph (1). 

10 ‘‘(3) NONDUPLICATION REQUIREMENT.—To the 

11 maximum extent practicable, the Commission shall 

12 ensure that studies and data required for any Fed13 eral authorization (as defined in section 35(a)) ap14 plicable to a particular project or facility are not du15 plicated in other licensing proceedings under this 

16 part. 

17 ‘‘(4) BIOLOGICAL OPINIONS.—To the maximum 

18 extent practicable, the Secretary of Commerce shall 

19 ensure that relevant offices within the National Ma20 rine Fisheries Service prepare any biological opinion 

21 under section 7 of the Endangered Species Act of 

22 1973 (16 U.S.C. 1536) that forms the basis for a 

23 prescription under section 18 on a concurrent rather 

24 than sequential basis. 


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1 ‘‘(5) WATER QUALITY CERTIFICATION DEAD2 LINE.— 

3 ‘‘(A) IN GENERAL.—For purposes of 

4 issuing a license under this part, the deadline 

5 for a certifying agency to act under section 

6 401(a) of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1341(a)) shall take effect only 

8 on the submission of a request for certification 

9 determined to be complete by the certifying 

10 agency. 

11 ‘‘(B) NOTICE OF COMPLETE REQUEST.— 

12 The certifying agency shall inform the Commis13 sion when a request for certification is deter14 mined to be complete. 

15 ‘‘SEC. 35. LICENSING PROCESS COORDINATION. 

16 ‘‘(a) DEFINITION OF FEDERAL AUTHORIZATION.—In 

17 this section, the term ‘Federal authorization’ means any 

18 authorization required under Federal law (including any 

19 license, permit, special use authorization, certification, 

20 opinion, consultation, determination, or other approval) 

21 with respect to— 

22 ‘‘(1) a project licensed under section 4 or 15; 

23 or 

24 ‘‘(2) a facility exempted under— 

25 ‘‘(A) section 30; or 


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1 ‘‘(B) section 405(d) of the Public Utility 

2 Regulatory Policies Act of 1978 (16 U.S.C. 

3 2705(d)). 

4 ‘‘(b) DESIGNATION AS LEAD AGENCY.— 

5 ‘‘(1) IN GENERAL.—The Commission shall act 

6 as the lead agency for the purposes of coordinating 

7 all applicable Federal authorizations. 

8 ‘‘(2) OTHER AGENCIES.—Each Federal and 

9 State agency considering an aspect of an application 

10 for Federal authorization shall cooperate with the 

11 Commission. 

12 ‘‘(c) SCHEDULE.— 

13 ‘‘(1) TIMING FOR ISSUANCE.—It is the sense of 

14 Congress that all Federal authorizations required for 

15 a project or facility, including a license or exemption 

16 order of the Commission, should be issued by the 

17 date that is 3 years after the date on which an ap18 plication is considered to be complete by the Com19 mission. 

20 ‘‘(2) COMMISSION SCHEDULE.— 

21 ‘‘(A) IN GENERAL.—The Commission shall 

22 establish a schedule for the issuance of all Fed23 eral authorizations. 


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1 ‘‘(B) REQUIREMENTS.—In establishing the 

2 schedule under subparagraph (A), the Commis3 sion shall— 

4 ‘‘(i) consult and cooperate with the 

5 Federal and State agencies responsible for 

6 a Federal authorization; 

7 ‘‘(ii) ensure the expeditious comple8 tion of all proceedings relating to a Fed9 eral authorization; and 

10 ‘‘(iii) comply with applicable schedules 

11 established by Federal law with respect to 

12 a Federal authorization. 

13 ‘‘(3) RESOLUTION OF INTERAGENCY DIS14 PUTES.—If the Federal agency fails to adhere to the 

15 schedule established by the Commission under para16 graph (2), or if the final condition of the Secretary 

17 under section 4(e) or prescription under section 18 

18 has been unreasonably delayed in derogation of the 

19 schedule established under paragraph (2), or if a 

20 proposed alternative condition or prescription has 

21 been unreasonably denied, or if a final condition or 

22 prescription would be inconsistent with the purposes 

23 of this part or other applicable law, the Commission 

24 may refer the matter to the Chairman of the Council 

25 on Environmental Quality— 


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1 ‘‘(A) to ensure timely participation; 

2 ‘‘(B) to ensure a timely decision; 

3 ‘‘(C) to mediate the dispute; or 

4 ‘‘(D) to refer the matter to the President. 

5 ‘‘(d) CONSOLIDATED RECORD.— 

6 ‘‘(1) IN GENERAL.—The Commission shall 

7 maintain official consolidated records of all license 

8 proceedings under this part. 

9 ‘‘(2) SUBMISSION OF RECOMMENDATIONS.— 

10 Any Federal or State agency that is providing rec11 ommendations with respect to a license proceeding 

12 under this part shall submit to the Commission for 

13 inclusion in the consolidated record relating to the li14 cense proceeding maintained under paragraph (1)— 

15 ‘‘(A) the recommendations; 

16 ‘‘(B) the rationale for the recommenda17 tions; and 

18 ‘‘(C) any supporting materials relating to 

19 the recommendations. 

20 ‘‘(3) WRITTEN STATEMENT.—In a case in 

21 which a Federal agency is making a determination 

22 with respect to a covered measure (as defined in sec23 tion 36(a)), the head of the Federal agency shall in24 clude in the consolidated record a written statement 

25 demonstrating that the Federal agency gave equal 


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1 consideration to the effects of the covered measure 

2 on— 

3 ‘‘(A) energy supply, distribution, cost, and 

4 use; 

5 ‘‘(B) flood control; 

6 ‘‘(C) navigation; 

7 ‘‘(D) water supply; and 

8 ‘‘(E) air quality and the preservation of 

9 other aspects of environmental quality. 

10 ‘‘SEC. 36. TRIAL-TYPE HEARINGS. 

11 ‘‘(a) DEFINITION OF COVERED MEASURE.—In this 

12 section, the term ‘covered measure’ means— 

13 ‘‘(1) a condition prescribed under section 4(e), 

14 including an alternative condition proposed under 

15 section 33(a); 

16 ‘‘(2) fishways prescribed under section 18, in17 cluding an alternative prescription proposed under 

18 section 33(b); or 

19 ‘‘(3) any further condition pursuant to section 

20 4(e), 6, or 18. 

21 ‘‘(b) AUTHORIZATION OF TRIAL-TYPE HEARING.— 

22 The license applicant (including an applicant for a license 

23 under section 15) and any party to the proceeding shall 

24 be entitled to a determination on the record, after oppor25 tunity for a trial-type hearing of not more than 120 days, 


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1 on any disputed issues of material fact with respect to an 

2 applicable covered measure. 

3 ‘‘(c) DEADLINE FOR REQUEST.—A request for a 

4 trial-type hearing under this section shall be submitted not 

5 later than 60 days after the date on which, as applicable— 

6 ‘‘(1) the Secretary submits the condition under 

7 section 4(e) or prescription under section 18; or 

8 ‘‘(2)(A) the Commission publishes notice of the 

9 intention to use the reserved authority of the Com10 mission to order a further condition under section 6; 

11 or 

12 ‘‘(B) the Secretary exercises reserved authority 

13 under the license to prescribe, submit, or revise any 

14 condition to a license under the first proviso of sec15 tion 4(e) or fishway prescribed under section 18, as 

16 appropriate. 

17 ‘‘(d) NO REQUIREMENT TO EXHAUST.—By electing 

18 not to request a trial-type hearing under subsection (d), 

19 a license applicant and any other party to a license pro20 ceeding shall not be considered to have waived the right 

21 of the applicant or other party to raise any issue of fact 

22 or law in a non-trial-type proceeding, but no issue may 

23 be raised for the first time on rehearing or judicial review 

24 of the license decision of the Commission. 


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1 ‘‘(e) ADMINISTRATIVE LAW JUDGE.—All disputed 

2 issues of material fact raised by a party in a request for 

3 a trial-type hearing submitted under subsection (d) shall 

4 be determined in a single trial-type hearing to be con5 ducted by an Administrative Law Judge within the Office 

6 of Administrative Law Judges and Dispute Resolution of 

7 the Commission, in accordance with the Commission rules 

8 of practice and procedure under part 385 of title 18, Code 

9 of Federal Regulations (or successor regulations), and 

10 within the timeframe established by the Commission for 

11 each license proceeding (including a proceeding for a li12 cense under section 15) under section 35(c). 

13 ‘‘(f) STAY.—The Administrative Law Judge may im14 pose a stay of a trial-type hearing under this section for 

15 a period of not more than 120 days to facilitate settlement 

16 negotiations relating to resolving the disputed issues of 

17 material fact with respect to the covered measure. 

18 ‘‘(g) DECISION OF THE ADMINISTRATIVE LAW

19 JUDGE.— 

20 ‘‘(1) CONTENTS.—The decision of the Adminis21 trative Law Judge shall contain— 

22 ‘‘(A) findings of fact on all disputed issues 

23 of material fact; 


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1 ‘‘(B) conclusions of law necessary to make 

2 the findings of fact, including rulings on mate3 riality and the admissibility of evidence; and 

4 ‘‘(C) reasons for the findings and conclu5 sions. 

6 ‘‘(2) LIMITATION.—The decision of the Admin7 istrative Law Judge shall not contain conclusions as 

8 to whether— 

9 ‘‘(A) any condition or prescription should 

10 be adopted, modified, or rejected; or 

11 ‘‘(B) any alternative condition or prescrip12 tion should be adopted, modified, or rejected. 

13 ‘‘(3) FINALITY.—A decision of an Administra14 tive Law Judge under this section with respect to a 

15 disputed issue of material fact shall not be subject 

16 to further administrative review. 

17 ‘‘(4) SERVICE.—The Administrative Law Judge 

18 shall serve the decision on each party to the hearing 

19 and forward the complete record of the hearing to 

20 the Commission and the Secretary that proposed the 

21 original condition or prescription. 

22 ‘‘(h) SECRETARIAL DETERMINATION.— 

23 ‘‘(1) IN GENERAL.—Not later than 60 days 

24 after the date on which the Administrative Law 

25 Judge issues the decision under subsection (g) and 


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1 in accordance with the schedule established by the 

2 Commission under section 35(c), the Secretary pro3 posing a condition under section 4(e) or a prescrip4 tion under section 18 shall file with the Commission 

5 a final determination to adopt, modify, or withdraw 

6 any condition or prescription that was the subject of 

7 a hearing under this section, based on the decision 

8 of the Administrative Law Judge. 

9 ‘‘(2) RECORD OF DETERMINATION.—The final 

10 determination of the Secretary filed with the Com11 mission shall identify the reasons for the decision 

12 and any considerations taken into account that were 

13 not part of, or inconsistent with, the findings of the 

14 Administrative Law Judge and shall be included in 

15 the consolidated record in section 35(d). 

16 ‘‘(i) LICENSING DECISION OF THE COMMISSION.— 

17 Notwithstanding sections 4(e) and 18, if the Commission 

18 finds that the final condition or prescription of the Sec19 retary is inconsistent with the purposes of this part or 

20 other applicable law, the Commission may refer the matter 

21 to the Chairman of the Council on Environmental Quality 

22 under section 35(c). 

23 ‘‘(j) JUDICIAL REVIEW.—The decision of the Admin24 istrative Law Judge and the record of determination of 

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1 cable licensing proceeding and subject to judicial review 

2 of the final licensing decision of the Commission under 

3 section 313(b). 

4 ‘‘SEC. 37. PUMPED STORAGE PROJECTS. 

5 ‘‘In carrying out section 6(a) of the Hydropower Reg6 ulatory Efficiency Act of 2013 (16 U.S.C. 797 note; Pub7 lic Law 113–23), the Commission shall consider a closed 

8 loop pumped storage project to include a project— 

9 ‘‘(1) in which the upper and lower reservoirs do 

10 not impound or directly withdraw water from a navi11 gable stream; or 

12 ‘‘(2) that is not continuously connected to a 

13 naturally flowing water feature. 

14 ‘‘SEC. 38. ANNUAL REPORTS. 

15 ‘‘(a) COMMISSION ANNUAL REPORT.— 

16 ‘‘(1) IN GENERAL.—The Commission shall sub17 mit to the Committee on Energy and Natural Re18 sources of the Senate and the Committee on Energy 

19 and Commerce of the House of Representatives an 

20 annual report that— 

21 ‘‘(A) describes and quantifies, for each li22 censed, exempted, or proposed project under 

23 this part or section 405(d) of the Public Utility 

24 Regulatory Policies Act of 1978 (16 U.S.C. 

25 2705(d)) (referred to in this subsection as the 


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1 ‘covered project’), the quantity of energy and 

2 capacity authorized for new development and 

3 reauthorized for continued operation during the 

4 reporting year, including an assessment of the 

5 economic, climactic, air quality, and other envi6 ronmental benefits achieved by the new and re7 authorized energy and capacity; 

8 ‘‘(B) describes and quantifies the loss of 

9 energy, capacity, or ancillary services as a re10 sult of any licensing action under this part or 

11 other requirement under Federal law during the 

12 reporting year; 

13 ‘‘(C) identifies any application to license, 

14 relicense, or expand a covered project pending 

15 as of the date of the annual report, including 

16 a quantification of the new energy and capacity 

17 with the potential to be gained or lost by action 

18 relating to the covered project; and 

19 ‘‘(D) lists all proposed covered projects 

20 that, as of the date of the annual report, are 

21 subject to a preliminary permit issued under 

22 section 4(f), including a description of the 

23 quantity of new energy and capacity that would 

24 be achieved through the development of each 

25 proposed covered project. 


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1 ‘‘(2) AVAILABILITY.—The Commission shall es2 tablish and maintain a publicly available website or 

3 comparable resource that tracks all information re4 quired for the annual report under paragraph (1). 

5 ‘‘(b) RESOURCE AGENCY ANNUAL REPORT.— 

6 ‘‘(1) IN GENERAL.—Any Federal or State re7 source agency that is participating in any Commis8 sion proceeding under this part or that has respon9 sibilities for any Federal authorization shall submit 

10 to the Committee on Energy and Natural Resources 

11 of the Senate and the Committee on Energy and 

12 Commerce of the House of Representatives a report 

13 that— 

14 ‘‘(A) describes each term, condition, or 

15 other requirement prepared by the resource 

16 agency during the reporting year with respect 

17 to a Commission proceeding under this part, in18 cluding— 

19 ‘‘(i) an assessment of whether imple20 mentation of the term, condition, or other 

21 requirement would result in the loss of en22 ergy, capacity, or ancillary services at the 

23 project, including a quantification of the 

24 losses; 


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1 ‘‘(ii) an analysis of economic, air qual2 ity, climactic and other environmental ef3 fects associated with implementation of the 

4 term, condition, or other requirement; 

5 ‘‘(iii) a demonstration, based on evi6 dence in the record of the Commission, 

7 that the resource agency prepared the 

8 term, condition, or other requirement in a 

9 manner that meets the policy established 

10 by this part while discharging the respon11 sibilities of the resource agency under this 

12 part or any other applicable requirement 

13 under Federal law; and 

14 ‘‘(iv) a statement of whether the head 

15 of the applicable Federal agency has ren16 dered final approval of the term, condition, 

17 or other requirement, or whether the term, 

18 condition, or other requirement remains a 

19 preliminary recommendation of staff of the 

20 resource agency; and 

21 ‘‘(B) identifies all pending, scheduled, and 

22 anticipated proceedings under this part that, as 

23 of the date of the annual report, the resource 

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1 proval or participatory responsibilities for under 

2 Federal law, including— 

3 ‘‘(i) an accounting of whether the re4 source agency met all deadlines or other 

5 milestones established by the resource 

6 agency or the Commission during the re7 porting year; and 

8 ‘‘(ii) the specific plans of the resource 

9 agency for allocating sufficient resources 

10 for each project during the upcoming year. 

11 ‘‘(2) AVAILABILITY.—Any resource agency pre12 paring an annual report to Congress under para13 graph (1) shall establish and maintain a publicly 

14 available website or comparable resource that tracks 

15 all information required for the annual report.’’. 

16 (j) PILOT PROGRAM.— 

17 (1) IN GENERAL.—The Commission (as the 

18 term is defined in section 3 of the Federal Power 

19 Act (16 U.S.C. 796)) shall establish a voluntary 

20 pilot program covering at least 1 region in which the 

21 Commission, in consultation with the heads of co22 operating agencies, shall direct a set of region-wide 

23 studies to inform subsequent project-level studies 

24 within each region. 


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1 (2) DESIGNATION.—Not later than 2 years 

2 after the date of enactment of this Act, if the condi3 tions under paragraph (3) are met, the Commission, 

4 in consultation with the heads of cooperating agen5 cies, shall designate 1 or more regions to be studied 

6 under this subsection. 

7 (3) VOLUNTARY BASIS.—The Commission may 

8 only designate regions under paragraph (2) in which 

9 every licensee, on a voluntary basis and in writing, 

10 agrees— 

11 (A) to be included in the pilot program; 

12 and 

13 (B) to any cost-sharing arrangement with 

14 other licensees and applicable Federal and 

15 State agencies with respect to conducting basin16 wide studies. 

17 (4) SCALE.—The regions designated under 

18 paragraph (2) shall— 

19 (A) be at an adequately large scale to 

20 cover at least 5 existing projects that— 

21 (i) are licensed under this part; and 

22 (ii) the licenses of which shall expire 

23 not later than 15 years after the date of 

24 enactment of this section; and 


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1 (B) be likely to yield region-wide studies 

2 and information that will significantly reduce 

3 the need for and scope of subsequent project4 level studies and information. 

5 (5) PROJECT LICENSE TERMS.—The Commis6 sion may extend the term of any existing license 

7 within a region designated under paragraph (2) by 

8 up to 8 years to provide sufficient time for relevant 

9 region-wide studies to inform subsequent project10 level studies. 

11 SEC. 3002. HYDROELECTRIC PRODUCTION INCENTIVES 

12 AND EFFICIENCY IMPROVEMENTS. 

13 (a) HYDROELECTRIC PRODUCTION INCENTIVES.— 

14 Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 

15 15881) is amended— 

16 (1) in subsection (c), by striking ‘‘10’’ and in17 serting ‘‘20’’; 

18 (2) in subsection (f), by striking ‘‘20’’ and in19 serting ‘‘30’’; and 

20 (3) in subsection (g), by striking ‘‘each of the 

21 fiscal years 2006 through 2015’’ and inserting ‘‘each 

22 of fiscal years 2016 through 2025’’. 

23 (b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 

24 Section 243(c) of the Energy Policy Act of 2005 (42 

25 U.S.C. 15882(c)) is amended by striking ‘‘each of the fisVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 cal years 2006 through 2015’’ and inserting ‘‘each of fis2 cal years 2016 through 2025’’. 

3 SEC. 3003. EXTENSION OF TIME FOR A FEDERAL ENERGY 

4 REGULATORY COMMISSION PROJECT IN5 VOLVING CLARK CANYON DAM. 

6 Notwithstanding the time period described in section 

7 13 of the Federal Power Act (16 U.S.C. 806) that would 

8 otherwise apply to the Federal Energy Regulatory Com9 mission project numbered 12429, the Federal Energy 

10 Regulatory Commission (referred to in this section as the 

11 ‘‘Commission’’) shall, at the request of the licensee for the 

12 project, and after reasonable notice and in accordance 

13 with the procedures of the Commission under that section, 

14 reinstate the license and extend the time period during 

15 which the licensee is required to commence construction 

16 of project works for the 3-year period beginning on the 

17 date of enactment of this Act. 

18 SEC. 3004. EXTENSION OF TIME FOR A FEDERAL ENERGY 

19 REGULATORY COMMISSION PROJECT IN20 VOLVING GIBSON DAM. 

21 (a) IN GENERAL.—Notwithstanding the require22 ments of section 13 of the Federal Power Act (16 U.S.C. 

23 806) that would otherwise apply to the Federal Energy 

24 Regulatory Commission project numbered 12478–003, the 

25 Federal Energy Regulatory Commission (referred to in 


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1 this section as the ‘‘Commission’’) may, at the request of 

2 the licensee for the project, and after reasonable notice 

3 and in accordance with the procedures of the Commission 

4 under that section, extend the time period during which 

5 the licensee is required to commence construction of the 

6 project for a 6-year period that begins on the date de7 scribed in subsection (b). 

8 (b) DATE DESCRIBED.—The date described in this 

9 subsection is the date of the expiration of the extension 

10 of the period required for commencement of construction 

11 for the project described in subsection (a) that was issued 

12 by the Commission prior to the date of enactment of this 

13 Act under section 13 of the Federal Power Act (16 U.S.C. 

14 806). 

15 PART II—GEOTHERMAL 

16 Subpart A—Geothermal Energy 

17 SEC. 3005. NATIONAL GOALS FOR PRODUCTION AND SITE 

18 IDENTIFICATION. 

19 It is the sense of Congress that, not later than 10 

20 years after the date of enactment of this Act— 

21 (1) the Secretary of the Interior shall seek to 

22 approve a significant increase in new geothermal en23 ergy capacity on public land across a geographically 

24 diverse set of States using the full range of available 

25 technologies; and 


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1 (2) the Director of the Geological Survey and 

2 the Secretary should identify sites capable of pro3 ducing a total of 50,000 megawatts of geothermal 

4 power, using the full range of available technologies. 

5 SEC. 3006. PRIORITY AREAS FOR DEVELOPMENT ON FED6 ERAL LAND. 

7 The Director of the Bureau of Land Management, 

8 in consultation with other appropriate Federal agencies, 

9 shall— 

10 (1) identify high priority areas for new geo11 thermal development; and 

12 (2) take any actions the Director determines 

13 necessary to facilitate that development, consistent 

14 with applicable laws. 

15 SEC. 3007. FACILITATION OF COPRODUCTION OF GEO16 THERMAL ENERGY ON OIL AND GAS LEASES. 

17 Section 4(b) of the Geothermal Steam Act of 1970 

18 (30 U.S.C. 1003(b)) is amended by adding at the end the 

19 following: 

20 ‘‘(4) LAND SUBJECT TO OIL AND GAS LEASE.— 

21 Land under an oil and gas lease issued pursuant to 

22 the Mineral Leasing Act (30 U.S.C. 181 et seq.) or 

23 the Mineral Leasing Act for Acquired Lands (30 

24 U.S.C. 351 et seq.) that is subject to an approved 

25 application for permit to drill and from which oil 


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1 and gas production is occurring may be available for 

2 noncompetitive leasing under this section to the 

3 holder of the oil and gas lease— 

4 ‘‘(A) on a determination that— 

5 ‘‘(i) geothermal energy will be pro6 duced from a well producing or capable of 

7 producing oil and gas; and 

8 ‘‘(ii) national energy security will be 

9 improved by the issuance of such a lease; 

10 and 

11 ‘‘(B) to provide for the coproduction of 

12 geothermal energy with oil and gas.’’. 

13 SEC. 3008. NONCOMPETITIVE LEASING OF ADJOINING 

14 AREAS FOR DEVELOPMENT OF GEOTHERMAL 

15 RESOURCES. 

16 Section 4(b) of the Geothermal Steam Act of 1970 

17 (30 U.S.C. 1003(b)) (as amended by section 3007) is 

18 amended by adding at the end the following: 

19 ‘‘(5) ADJOINING LAND.— 

20 ‘‘(A) DEFINITIONS.—In this paragraph: 

21 ‘‘(i) FAIR MARKET VALUE PER

22 ACRE.—The term ‘fair market value per 

23 acre’ means a dollar amount per acre 

24 that— 


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1 ‘‘(I) except as provided in this 

2 clause, shall be equal to the market 

3 value per acre (taking into account 

4 the determination under subparagraph 

5 (B)(iii) regarding a valid discovery on 

6 the adjoining land), as determined by 

7 the Secretary under regulations issued 

8 under this paragraph; 

9 ‘‘(II) shall be determined by the 

10 Secretary with respect to a lease 

11 under this paragraph, by not later 

12 than the end of the 180-day period 

13 beginning on the date the Secretary 

14 receives an application for the lease; 

15 and 

16 ‘‘(III) shall be not less than the 

17 greater of— 

18 ‘‘(aa) 4 times the median 

19 amount paid per acre for all land 

20 leased under this Act during the 

21 preceding year; or 

22 ‘‘(bb) $50. 

23 ‘‘(ii) INDUSTRY STANDARDS.—The 

24 term ‘industry standards’ means the stand25 ards by which a qualified geothermal proVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 fessional assesses whether downhole or 

2 flowing temperature measurements with 

3 indications of permeability are sufficient to 

4 produce energy from geothermal resources, 

5 as determined through flow or injection 

6 testing or measurement of lost circulation 

7 while drilling. 

8 ‘‘(iii) QUALIFIED FEDERAL LAND.— 

9 The term ‘qualified Federal land’ means 

10 land that is otherwise available for leasing 

11 under this Act. 

12 ‘‘(iv) QUALIFIED GEOTHERMAL PRO13 FESSIONAL.—The term ‘qualified geo14 thermal professional’ means an individual 

15 who is an engineer or geoscientist in good 

16 professional standing with at least 5 years 

17 of experience in geothermal exploration, 

18 development, or project assessment. 

19 ‘‘(v) QUALIFIED LESSEE.—The term 

20 ‘qualified lessee’ means a person that is el21 igible to hold a geothermal lease under this 

22 Act (including applicable regulations). 

23 ‘‘(vi) VALID DISCOVERY.—The term 

24 ‘valid discovery’ means a discovery of a 

25 geothermal resource by a new or existing 


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1 slim hole or production well, that exhibits 

2 downhole or flowing temperature measure3 ments with indications of permeability that 

4 are sufficient to meet industry standards. 

5 ‘‘(B) AUTHORITY.—An area of qualified 

6 Federal land that adjoins other land for which 

7 a qualified lessee holds a legal right to develop 

8 geothermal resources may be available for a 

9 noncompetitive lease under this section to the 

10 qualified lessee at the fair market value per 

11 acre, if— 

12 ‘‘(i) the area of qualified Federal 

13 land— 

14 ‘‘(I) consists of not less than 1 

15 acre and not more than 640 acres; 

16 and 

17 ‘‘(II) is not already leased under 

18 this Act or nominated to be leased 

19 under subsection (a); 

20 ‘‘(ii) the qualified lessee has not pre21 viously received a noncompetitive lease 

22 under this paragraph in connection with 

23 the valid discovery for which data has been 

24 submitted under clause (iii)(I); and 


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1 ‘‘(iii) sufficient geological and other 

2 technical data prepared by a qualified geo3 thermal professional has been submitted by 

4 the qualified lessee to the applicable Fed5 eral land management agency that would 

6 lead individuals who are experienced in the 

7 subject matter to believe that— 

8 ‘‘(I) there is a valid discovery of 

9 geothermal resources on the land for 

10 which the qualified lessee holds the 

11 legal right to develop geothermal re12 sources; and 

13 ‘‘(II) that thermal feature ex14 tends into the adjoining areas. 

15 ‘‘(C) DETERMINATION OF FAIR MARKET

16 VALUE.— 

17 ‘‘(i) IN GENERAL.—The Secretary 

18 shall— 

19 ‘‘(I) publish a notice of any re20 quest to lease land under this para21 graph; 

22 ‘‘(II) determine fair market value 

23 for purposes of this paragraph in ac24 cordance with procedures for making 

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1 lished by regulations issued by the 

2 Secretary; 

3 ‘‘(III) provide to a qualified les4 see and publish, with an opportunity 

5 for public comment for a period of 30 

6 days, any proposed determination 

7 under this subparagraph of the fair 

8 market value of an area that the 

9 qualified lessee seeks to lease under 

10 this paragraph; and 

11 ‘‘(IV) provide to the qualified les12 see and any adversely affected party 

13 the opportunity to appeal the final de14 termination of fair market value in an 

15 administrative proceeding before the 

16 applicable Federal land management 

17 agency, in accordance with applicable 

18 law (including regulations). 

19 ‘‘(ii) LIMITATION ON NOMINATION.— 

20 After publication of a notice of request to 

21 lease land under this paragraph, the Sec22 retary may not accept under subsection (a) 

23 any nomination of the land for leasing un24 less the request has been denied or with25 drawn. 


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1 ‘‘(iii) ANNUAL RENTAL.—For pur2 poses of section 5(a)(3), a lease awarded 

3 under this paragraph shall be considered a 

4 lease awarded in a competitive lease sale. 

5 ‘‘(D) REGULATIONS.—Not later than 270 

6 days after the date of enactment of the Energy 

7 Policy Modernization Act of 2015, the Sec8 retary shall issue regulations to carry out this 

9 paragraph.’’. 

10 SEC. 3009. LARGE-SCALE GEOTHERMAL ENERGY. 

11 Title VI of the Energy Independence and Security 

12 Act of 2007 is amended by inserting after section 616 (42 

13 U.S.C. 17195) the following: 

14 ‘‘SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY. 

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

16 ‘‘(1) to improve the components, processes, and 

17 systems used for geothermal heat pumps and the di18 rect use of geothermal energy; and 

19 ‘‘(2) to increase the energy efficiency, lower the 

20 cost, increase the use, and improve and demonstrate 

21 the applicability of geothermal heat pumps to, and 

22 the direct use of geothermal energy in, large build23 ings, commercial districts, residential communities, 

24 and large municipal, agricultural, or industrial 

25 projects. 


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1 ‘‘(b) DEFINITIONS.—In this section: 

2 ‘‘(1) DIRECT USE OF GEOTHERMAL ENERGY.— 

3 The term ‘direct use of geothermal energy’ means 

4 systems that use water that is at a temperature be5 tween approximately 38 degrees Celsius and 149 de6 grees Celsius directly or through a heat exchanger to 

7 provide— 

8 ‘‘(A) heating to buildings; or 

9 ‘‘(B) heat required for industrial processes, 

10 agriculture, aquaculture, and other facilities. 

11 ‘‘(2) GEOTHERMAL HEAT PUMP.—The term 

12 ‘geothermal heat pump’ means a system that pro13 vides heating and cooling by exchanging heat from 

14 shallow ground or surface water using— 

15 ‘‘(A) a closed loop system, which transfers 

16 heat by way of buried or immersed pipes that 

17 contain a mix of water and working fluid; or 

18 ‘‘(B) an open loop system, which circulates 

19 ground or surface water directly into the build20 ing and returns the water to the same aquifer 

21 or surface water source. 

22 ‘‘(3) LARGE-SCALE APPLICATION.—The term 

23 ‘large-scale application’ means an application for 

24 space or process heating or cooling for large entities 

25 with a name-plate capacity, expected resource, or 


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1 rating of 10 or more megawatts, such as a large 

2 building, commercial district, residential community, 

3 or a large municipal, agricultural, or industrial 

4 project. 

5 ‘‘(c) PROGRAM.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall estab7 lish a program of research, development, and dem8 onstration for geothermal heat pumps and the direct 

9 use of geothermal energy. 

10 ‘‘(2) AREAS.—The program may include re11 search, development, demonstration, and commercial 

12 application of— 

13 ‘‘(A) geothermal ground loop efficiency im14 provements through more efficient heat transfer 

15 fluids; 

16 ‘‘(B) geothermal ground loop efficiency im17 provements through more efficient thermal 

18 grouts for wells and trenches; 

19 ‘‘(C) geothermal ground loop installation 

20 cost reduction through— 

21 ‘‘(i) improved drilling methods; 

22 ‘‘(ii) improvements in drilling equip23 ment; 

24 ‘‘(iii) improvements in design method25 ology and energy analysis procedures; and 


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1 ‘‘(iv) improved methods for deter2 mination of ground thermal properties and 

3 ground temperatures; 

4 ‘‘(D) installing geothermal ground loops 

5 near the foundation walls of new construction 

6 to take advantage of existing structures; 

7 ‘‘(E) using gray or black wastewater as a 

8 method of heat exchange; 

9 ‘‘(F) improving geothermal heat pump sys10 tem economics through integration of geo11 thermal systems with other building systems, 

12 including providing hot and cold water and re13 jecting or circulating industrial process heat 

14 through refrigeration heat rejection and waste 

15 heat recovery; 

16 ‘‘(G) advanced geothermal systems using 

17 variable pumping rates to increase efficiency; 

18 ‘‘(H) geothermal heat pump efficiency im19 provements; 

20 ‘‘(I) use of hot water found in mines and 

21 mine shafts and other surface waters as the 

22 heat exchange medium; 

23 ‘‘(J) heating of districts, neighborhoods, 

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1 ernment, and institutional buildings and multi2 family residential buildings and campuses), and 

3 industrial and manufacturing facilities; 

4 ‘‘(K) geothermal system integration with 

5 solar thermal water heating or cool roofs and 

6 solar-regenerated desiccants to balance loads 

7 and use building hot water to store geothermal 

8 energy; 

9 ‘‘(L) use of hot water coproduced from oil 

10 and gas recovery; 

11 ‘‘(M) use of water sources at a tempera12 ture of less than 150 degrees Celsius for direct 

13 use; 

14 ‘‘(N) system integration of direct use with 

15 geothermal electricity production; and 

16 ‘‘(O) coproduction of heat and power, in17 cluding on-site use. 

18 ‘‘(3) ENVIRONMENTAL IMPACTS.—In carrying 

19 out the program, the Secretary shall identify and 

20 mitigate potential environmental impacts in accord21 ance with section 614(c). 

22 ‘‘(d) GRANTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall make 

24 grants available to State and local governments, in25 stitutions of higher education, nonprofit entities, 


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1 utilities, and for-profit companies (including manu2 facturers of heat-pump and direct-use components 

3 and systems) to promote the development of geo4 thermal heat pumps and the direct use of geo5 thermal energy. 

6 ‘‘(2) PRIORITY.—In making grants under this 

7 subsection, the Secretary shall give priority to pro8 posals that apply to large buildings (including office, 

9 retail, educational, government, institutional, and 

10 multifamily residential buildings and campuses and 

11 industrial and manufacturing facilities), commercial 

12 districts, and residential communities. 

13 ‘‘(3) NATIONAL SOLICITATION.—Not later than 

14 180 days after the date of enactment of this section, 

15 the Secretary shall conduct a national solicitation for 

16 applications for grants under this section. 

17 ‘‘(e) REPORTS.— 

18 ‘‘(1) IN GENERAL.—Not later than 2 years 

19 after the date of enactment of this section and annu20 ally thereafter, the Secretary shall submit to the 

21 Committee on Energy and Natural Resources of the 

22 Senate and the Committee on Science, Space, and 

23 Technology of the House of Representatives a report 

24 on progress made and results obtained under this 


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1 section to develop geothermal heat pumps and direct 

2 use of geothermal energy. 

3 ‘‘(2) AREAS.—Each of the reports required 

4 under this subsection shall include— 

5 ‘‘(A) an analysis of progress made in each 

6 of the areas described in subsection (c)(2); and 

7 ‘‘(B)(i) a description of any relevant rec8 ommendations made during a review of the pro9 gram; and 

10 ‘‘(ii) any plans to address the rec11 ommendations under clause (i).’’. 

12 SEC. 3010. REPORT TO CONGRESS. 

13 Not later than 3 years after the date of enactment 

14 of this Act and not less frequently than once every 5 years 

15 thereafter, the Secretary of the Interior and the Secretary 

16 shall submit to Congress a report describing the progress 

17 made towards achieving the goals described in section 

18 3005. 

19 SEC. 3011. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated to carry out 

21 this subpart— 

22 (1) $65,000,000 for fiscal year 2017; and 

23 (2) $75,000,000 for each of fiscal years 2018 

24 through 2021. 


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1 Subpart B—Geothermal Exploration 

2 SEC. 3012. GEOTHERMAL EXPLORATION TEST PROJECTS. 

3 The Geothermal Steam Act of 1970 (30 U.S.C. 1001 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. 

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

7 ‘‘(1) COVERED LAND.—The term ‘covered land’ 

8 means land that is— 

9 ‘‘(A) subject to geothermal leasing in ac10 cordance with section 3; and 

11 ‘‘(B) not excluded from the development of 

12 geothermal energy under— 

13 ‘‘(i) a final land use plan established 

14 under the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1701 et 

16 seq.); 

17 ‘‘(ii) a final land and resource man18 agement plan established under the Na19 tional Forest Management Act of 1976 (16 

20 U.S.C. 1600 et seq.); or 

21 ‘‘(iii) any other applicable law. 

22 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec23 retary concerned’ means— 

24 ‘‘(A) the Secretary of Agriculture (acting 

25 through the Chief of the Forest Service), with 

26 respect to National Forest System land; and 


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1 ‘‘(B) the Secretary, with respect to land 

2 managed by the Bureau of Land Management 

3 (including land held for the benefit of an Indian 

4 tribe). 

5 ‘‘(b) NEPA REVIEW OF GEOTHERMAL EXPLORATION

6 TEST PROJECTS.— 

7 ‘‘(1) IN GENERAL.—An eligible activity de8 scribed in paragraph (2) carried out on covered land 

9 shall be considered an action categorically excluded 

10 from the requirements for an environmental assess11 ment or an environmental impact statement under 

12 the National Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) or section 1508.4 of title 40, 

14 Code of Federal Regulations (or a successor regula15 tion) if— 

16 ‘‘(A) the action is for the purpose of geo17 thermal resource exploration operations; and 

18 ‘‘(B) the action is conducted pursuant to 

19 this Act. 

20 ‘‘(2) ELIGIBLE ACTIVITY.—An eligible activity 

21 referred to in paragraph (1) is— 

22 ‘‘(A) a geophysical exploration activity that 

23 does not require drilling, including a seismic 

24 survey; 


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1 ‘‘(B) the drilling of a well to test or ex2 plore for geothermal resources on land leased 

3 by the Secretary concerned for the development 

4 and production of geothermal resources that— 

5 ‘‘(i) is carried out by the holder of the 

6 lease; 

7 ‘‘(ii) causes— 

8 ‘‘(I) fewer than 5 acres of soil or 

9 vegetation disruption at the location 

10 of each geothermal exploration well; 

11 and 

12 ‘‘(II) not more than an additional 

13 5 acres of soil or vegetation disruption 

14 during access or egress to the project 

15 site; 

16 ‘‘(iii) is completed in fewer than 90 

17 days, including the removal of any surface 

18 infrastructure from the project site; and 

19 ‘‘(iv) requires the restoration of the 

20 project site not later than 3 years after the 

21 date of completion of the project to ap22 proximately the condition that existed at 

23 the time the project began, unless— 


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1 ‘‘(I) the project site is subse2 quently used as part of energy devel3 opment on the lease; or 

4 ‘‘(II) the project— 

5 ‘‘(aa) yields geothermal re6 sources; and 

7 ‘‘(bb) the use of the geo8 thermal resources will be carried 

9 out under another geothermal 

10 generation project in existence at 

11 the time of the discovery of the 

12 geothermal resources; or 

13 ‘‘(C) the drilling of a well to test or explore 

14 for geothermal resources on land leased by the 

15 Secretary concerned for the development and 

16 production of geothermal resources that— 

17 ‘‘(i) causes an individual surface dis18 turbance of fewer than 5 acres if— 

19 ‘‘(I) the total surface disturbance 

20 on the leased land is not more than 

21 150 acres; and 

22 ‘‘(II) a site-specific analysis has 

23 been prepared under the National En24 vironmental Policy Act of 1969 (42 

25 U.S.C. 4321 et seq.); 


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1 ‘‘(ii) involves the drilling of a geo2 thermal well at a location or well pad site 

3 at which drilling has occurred within 5 

4 years before the date of spudding the well; 

5 or 

6 ‘‘(iii) involves the drilling of a geo7 thermal well in a developed field for 

8 which— 

9 ‘‘(I) an approved land use plan 

10 or any environmental document pre11 pared under the National Environ12 mental Policy Act of 1969 (42 U.S.C. 

13 4321 et seq.) analyzed the drilling as 

14 a reasonably foreseeable activity; and 

15 ‘‘(II) the land use plan or envi16 ronmental document was approved 

17 within 10 years before the date of 

18 spudding the well. 

19 ‘‘(3) LIMITATION BASED ON EXTRAORDINARY

20 CIRCUMSTANCES.—The categorical exclusion estab21 lished under paragraph (1) shall be subject to ex22 traordinary circumstances in accordance with the 

23 Departmental Manual, 516 DM 2.3A(3) and 516 

24 DM 2, Appendix 2 (or successor provisions). 


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1 ‘‘(c) NOTICE OF INTENT; REVIEW AND DETERMINA2 TION.— 

3 ‘‘(1) REQUIREMENT TO PROVIDE NOTICE.—Not 

4 later than 30 days before the date on which drilling 

5 begins, a leaseholder intending to carry out an eligi6 ble activity shall provide notice to the Secretary con7 cerned. 

8 ‘‘(2) REVIEW OF PROJECT.—Not later than 10 

9 days after receipt of a notice of intent provided 

10 under paragraph (1), the Secretary concerned 

11 shall— 

12 ‘‘(A) review the project described in the 

13 notice and determine whether the project is an 

14 eligible activity; and 

15 ‘‘(B)(i) if the project is an eligible activity, 

16 notify the leaseholder that under subsection (b), 

17 the project is considered a categorical exclusion 

18 under the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) and section 

20 1508.4 of title 40, Code of Federal Regulations 

21 (or a successor regulation); or 

22 ‘‘(ii) if the project is not an eligible activ23 ity— 

24 ‘‘(I) notify the leaseholder that section 

25 102(2)(C) of the National Environmental 


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1 Policy Act of 1969 (42 U.S.C. 4332(2)(C)) 

2 applies to the project; 

3 ‘‘(II) include in that notification clear 

4 and detailed findings on any deficiencies in 

5 the project that prevent the application of 

6 subsection (b) to the project; and 

7 ‘‘(III) provide an opportunity to the 

8 leaseholder to remedy the deficiencies de9 scribed in the notification before the date 

10 on which the leaseholder plans to begin the 

11 project under paragraph (1).’’. 

12 PART III—MARINE HYDROKINETIC 

13 SEC. 3013. DEFINITION OF MARINE AND HYDROKINETIC RE14 NEWABLE ENERGY. 

15 Section 632 of the Energy Independence and Security 

16 Act of 2007 (42 U.S.C. 17211) is amended in the matter 

17 preceding paragraph (1) by striking ‘‘electrical’’. 

18 SEC. 3014. MARINE AND HYDROKINETIC RENEWABLE EN19 ERGY RESEARCH AND DEVELOPMENT. 

20 Section 633 of the Energy Independence and Security 

21 Act of 2007 (42 U.S.C. 17212) is amended to read as 

22 follows: 


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1 ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEWABLE EN2 ERGY RESEARCH AND DEVELOPMENT. 

3 ‘‘The Secretary, in consultation with the Secretary of 

4 the Interior, the Secretary of Commerce, and the Federal 

5 Energy Regulatory Commission, shall carry out a program 

6 of research, development, demonstration, and commercial 

7 application to accelerate the introduction of marine and 

8 hydrokinetic renewable energy production into the United 

9 States energy supply, giving priority to fostering acceler10 ated research, development, and commercialization of 

11 technology, including programs— 

12 ‘‘(1) to assist technology development to im13 prove the components, processes, and systems used 

14 for power generation from marine and hydrokinetic 

15 renewable energy resources; 

16 ‘‘(2) to establish critical testing infrastructure 

17 necessary— 

18 ‘‘(A) to cost effectively and efficiently test 

19 and prove marine and hydrokinetic renewable 

20 energy devices; and 

21 ‘‘(B) to accelerate the technological readi22 ness and commercialization of those devices; 

23 ‘‘(3) to support efforts to increase the efficiency 

24 of energy conversion, lower the cost, increase the 

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1 ergy technologies by participating in demonstration 

2 projects; 

3 ‘‘(4) to investigate variability issues and the ef4 ficient and reliable integration of marine and 

5 hydrokinetic renewable energy with the utility grid; 

6 ‘‘(5) to identify and study critical short- and 

7 long-term needs to create a sustainable marine and 

8 hydrokinetic renewable energy supply chain based in 

9 the United States; 

10 ‘‘(6) to increase the reliability and survivability 

11 of marine and hydrokinetic renewable energy tech12 nologies; 

13 ‘‘(7) to verify the performance, reliability, main14 tainability, and cost of new marine and hydrokinetic 

15 renewable energy device designs and system compo16 nents in an operating environment, and consider the 

17 protection of critical infrastructure, such as ade18 quate separation between marine and hydrokinetic 

19 devices and projects and submarine telecommuni20 cations cables, including consideration of established 

21 industry standards; 

22 ‘‘(8) to coordinate and avoid duplication of ac23 tivities across programs of the Department and 

24 other applicable Federal agencies, including National 


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1 Laboratories and to coordinate public-private col2 laboration in all programs under this section; 

3 ‘‘(9) to identify opportunities for joint research 

4 and development programs and development of 

5 economies of scale between— 

6 ‘‘(A) marine and hydrokinetic renewable 

7 energy technologies; and 

8 ‘‘(B) other renewable energy and fossil en9 ergy programs, offshore oil and gas production 

10 activities, and activities of the Department of 

11 Defense; and 

12 ‘‘(10) to support in-water technology develop13 ment with international partners using existing co14 operative procedures (including memoranda of un15 derstanding)— 

16 ‘‘(A) to allow cooperative funding and 

17 other support of value to be exchanged and le18 veraged; and 

19 ‘‘(B) to encourage the participation of 

20 international research centers and companies 

21 within the United States and the participation 

22 of United States research centers and compa23 nies in international projects.’’. 


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1 SEC. 3015. NATIONAL MARINE RENEWABLE ENERGY RE2 SEARCH, DEVELOPMENT, AND DEMONSTRA3 TION CENTERS. 

4 Section 634 of the Energy Independence and Security 

5 Act of 2007 (42 U.S.C. 17213) is amended by striking 

6 subsection (b) and inserting the following: 

7 ‘‘(b) PURPOSES.—A Center (in coordination with the 

8 Department and National Laboratories) shall— 

9 ‘‘(1) advance research, development, demonstra10 tion, and commercial application of marine and 

11 hydrokinetic renewable energy technologies; 

12 ‘‘(2) support in-water testing and demonstra13 tion of marine and hydrokinetic renewable energy 

14 technologies, including facilities capable of testing— 

15 ‘‘(A) marine and hydrokinetic renewable 

16 energy systems of various technology readiness 

17 levels and scales; 

18 ‘‘(B) a variety of technologies in multiple 

19 test berths at a single location; and 

20 ‘‘(C) arrays of technology devices; and 

21 ‘‘(3) serve as information clearinghouses for the 

22 marine and hydrokinetic renewable energy industry 

23 by collecting and disseminating information on best 

24 practices in all areas relating to developing and 

25 managing marine and hydrokinetic renewable energy 

26 resources and energy systems.’’. 


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1 SEC. 3016. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 636 of the Energy Independence and Security 

3 Act of 2007 (42 U.S.C. 17215) is amended by striking 

4 ‘‘$50,000,000 for each of the fiscal years 2008 through 

5 2012’’ and inserting ‘‘$55,000,000 for each of fiscal years 

6 2017 and 2018 and $60,000,000 for each of fiscal years 

7 2019 through 2021’’. 

8 PART IV—BIOMASS 

9 SEC. 3017. BIO-POWER. 

10 (a) WOODY BIOMASS HEAT AND BIO-POWER INITIA11 TIVE.— 

12 (1) DEFINITIONS OF WOODY BIOMASS HEAT

13 AND BIO-POWER.—Section 9008(a) of the Farm Se14 curity and Rural Investment Act of 2002 (7 U.S.C. 

15 8108(a)) is amended— 

16 (A) by redesignating paragraphs (2) and 

17 (3) as paragraphs (4) and (5), respectively; 

18 (B) by inserting after paragraph (1) the 

19 following: 

20 ‘‘(2) BIO-POWER.—The term ‘bio-power’ means 

21 the use of woody biomass to generate electricity. 

22 ‘‘(3) BOARD.—The term ‘Board’ means the 

23 Biomass Research and Development Board.’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(6) WOODY BIOMASS HEAT.—The term ‘woody 

2 biomass heat’ means the use of woody biomass to 

3 generate heat.’’. 

4 (2) BIOMASS RESEARCH AND DEVELOPMENT

5 BOARD.—Section 9008(c)(3)(A) of the Farm Secu6 rity and Rural Investment Act of 2002 (7 U.S.C. 

7 8108(c)(3)(A)) is amended by striking ‘‘biofuels and 

8 biobased products’’ and inserting ‘‘biofuels, biobased 

9 products, bio-power, and woody biomass heat 

10 projects’’. 

11 (3) WOODY BIOMASS HEAT AND BIO-POWER

12 GRANTS.—Section 9008 of the Farm Security and 

13 Rural Investment Act of 2002 (7 U.S.C. 8108) is 

14 amended— 

15 (A) by redesignating subsections (f), (g), 

16 and (h) as subsections (g), (h), and (i), respec17 tively; and 

18 (B) by inserting after subsection (e) the 

19 following: 

20 ‘‘(f) WOODY BIOMASS HEAT AND BIO-POWER

21 GRANTS.— 

22 ‘‘(1) ESTABLISHMENT.—The Secretary of Agri23 culture and the Secretary of Energy, in consultation 

24 with the Board, shall establish a program under 

25 which the Secretary of Agriculture and the Secretary 


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1 of Energy shall provide grants to relevant projects 

2 to support innovation and market development in 

3 woody biomass heat and bio-power. 

4 ‘‘(2) APPLICATIONS.—To be eligible to receive a 

5 grant under this subsection, the owner or operator 

6 of a relevant project shall submit to the Secretary of 

7 Agriculture and the Secretary of Energy an applica8 tion at such time, in such manner, and containing 

9 such information as the Secretary of Agriculture and 

10 the Secretary of Energy may require. 

11 ‘‘(3) ALLOCATION.—Of the amounts appro12 priated to carry out this subsection, the Secretary of 

13 Agriculture and the Secretary of Energy shall not 

14 provide more than— 

15 ‘‘(A) $15,000,000 for projects that develop 

16 innovative techniques for preprocessing biomass 

17 for woody biomass heat and bio-power, with the 

18 goals of lowering the costs of— 

19 ‘‘(i) distributed preprocessing tech20 nologies, including technologies designed to 

21 promote densification, torrefaction, and the 

22 broader commoditization of bioenergy feed23 stocks; and 

24 ‘‘(ii) transportation; and 


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1 ‘‘(B) $15,000,000 for innovative woody 

2 biomass heat and bio-power demonstration 

3 projects, including— 

4 ‘‘(i) district energy projects; 

5 ‘‘(ii) innovation in transportation; and 

6 ‘‘(iii) projects addressing the chal7 lenges of retrofitting existing coal-fired 

8 electricity generation facilities to use bio9 mass. 

10 ‘‘(4) REGIONAL DISTRIBUTION.—In selecting 

11 projects to receive grants under this subsection, the 

12 Secretary of Agriculture and the Secretary of En13 ergy shall ensure, to the maximum extent prac14 ticable, diverse geographical distribution among the 

15 projects. 

16 ‘‘(5) COST SHARE.—The Federal share of the 

17 cost of a project carried out using a grant under this 

18 subsection shall be 50 percent. 

19 ‘‘(6) DUTIES OF RECIPIENTS.—As a condition 

20 of receiving a grant under this subsection, the owner 

21 or operator of a project shall— 

22 ‘‘(A) participate in the applicable working 

23 group under paragraph (7); 


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1 ‘‘(B) submit to the Secretary of Agri2 culture and the Secretary of Energy a report 

3 that includes— 

4 ‘‘(i) a description of the project and 

5 any relevant findings; and 

6 ‘‘(ii) such other information as the 

7 Secretary of Agriculture and the Secretary 

8 of Energy determine to be necessary to 

9 complete the report of the Secretary under 

10 paragraph (9); and 

11 ‘‘(C) carry out such other activities as the 

12 Secretary of Agriculture and the Secretary of 

13 Energy determine to be necessary. 

14 ‘‘(7) WORKING GROUPS.—The Secretary of Ag15 riculture and the Secretary of Energy shall establish 

16 2 working groups to share best practices and col17 laborate in project implementation, of which— 

18 ‘‘(A) 1 shall be comprised of representa19 tives of projects that receive grants under para20 graph (3)(A); and 

21 ‘‘(B) 1 shall be comprised of representa22 tives of projects that receive grants under para23 graph (3)(B). 

24 ‘‘(8) INCLUSION OF OILSEED CROPS.—A grant 

25 may be provided under this subsection to relevant 


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1 projects to support innovation and market develop2 ment in oilseed crops. 

3 ‘‘(9) REPORTS.—Not later than 5 years after 

4 the date of enactment of this Act, the Secretary of 

5 Agriculture and the Secretary of Energy shall sub6 mit to Congress a report describing— 

7 ‘‘(A) each project for which a grant has 

8 been provided under this subsection; 

9 ‘‘(B) any findings as a result of those 

10 projects; and 

11 ‘‘(C) the state of market and technology 

12 development, including market barriers and op13 portunities.’’. 

14 (b) LOAN PROGRAMS; STRATEGIC ANALYSIS AND RE15 SEARCH.— 

16 (1) LOW-INTEREST LOANS.— 

17 (A) ESTABLISHMENT.—The Secretary of 

18 Agriculture shall establish, within the Rural 

19 Development Office, a low-interest loan pro20 gram to support construction of residential, 

21 commercial or institutional, and industrial 

22 woody biomass heat and bio-power systems. 

23 (B) REQUIREMENTS.—The program under 

24 this subsection shall be carried out in accord25 ance with such requirements as the Secretary of 


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1 Agriculture may establish, by regulation, in tak2 ing into consideration best practices. 

3 (C) AUTHORIZATION OF APPROPRIA4 TIONS.—There is authorized to be appropriated 

5 to the Secretary of Agriculture to carry out this 

6 subsection $50,000,000. 

7 (2) ENERGY EFFICIENCY AND CONSERVATION

8 LOAN PROGRAM.—In addition to loans under para9 graph (1), woody biomass heat residential, commer10 cial or institutional, and industrial wood energy sys11 tems shall be eligible to receive loans under the en12 ergy efficiency and conservation loan program of the 

13 Department of Agriculture under section 2 of the 

14 Rural Electrification Act of 1936 (7 U.S.C. 902). 

15 Subtitle B—Oil and Gas 

16 SEC. 3101. AMENDMENTS TO THE METHANE HYDRATE RE17 SEARCH AND DEVELOPMENT ACT OF 2000. 

18 (a) METHANE HYDRATE RESEARCH AND DEVELOP19 MENT PROGRAM.— 

20 (1) IN GENERAL.—Section 4 of the Methane 

21 Hydrate Research and Development Act of 2000 (30 

22 U.S.C. 2003) is amended by striking subsection (b) 

23 and inserting the following: 


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1 ‘‘(b) GRANTS, CONTRACTS, COOPERATIVE AGREE2 MENTS, INTERAGENCY FUNDS TRANSFER AGREEMENTS, 

3 AND FIELD WORK PROPOSALS.— 

4 ‘‘(1) ASSISTANCE AND COORDINATION.—In car5 rying out the program of methane hydrate research 

6 and development authorized by this section, the Sec7 retary may award grants to, or enter into contracts 

8 or cooperative agreements with, institutions— 

9 ‘‘(A) to conduct basic and applied re10 search— 

11 ‘‘(i) to identify, explore, assess, and 

12 develop methane hydrate as a commercially 

13 viable source of energy; and 

14 ‘‘(ii) to identify the environmental, 

15 health, and safety impacts of methane hy16 drate development; 

17 ‘‘(B) to identify and characterize methane 

18 hydrate resources using remote sensing and 

19 seismic data, including the characterization of 

20 hydrate concentrations in marine reservoirs in 

21 the Gulf of Mexico or the Atlantic Ocean Basin 

22 by the date that is 4 years after the date of en23 actment of the Energy Policy Modernization 

24 Act of 2015; 


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1 ‘‘(C) to develop technologies required for 

2 efficient and environmentally sound develop3 ment of methane hydrate resources; 

4 ‘‘(D) to conduct basic and applied research 

5 to assess and mitigate the environmental im6 pact of hydrate degassing (including natural 

7 degassing and degassing associated with com8 mercial development); 

9 ‘‘(E) to develop technologies to reduce the 

10 risks of drilling through methane hydrates; 

11 ‘‘(F) to conduct exploratory drilling, well 

12 testing, and production testing operations on 

13 permafrost and nonpermafrost gas hydrates in 

14 support of the activities authorized by this 

15 paragraph, including— 

16 ‘‘(i) drilling of a test well and per17 forming a long-term hydrate production 

18 test on land in the United States Arctic re19 gion by the date that is 4 years after the 

20 date of enactment of the Energy Policy 

21 Modernization Act of 2015; 

22 ‘‘(ii) drilling of a test well and per23 forming a long-term hydrate production 

24 test in a marine environment by the date 

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1 ment of the Energy Policy Modernization 

2 Act of 2015; and 

3 ‘‘(iii) drilling a full-scale production 

4 test well at a location to be determined by 

5 the Secretary; or 

6 ‘‘(G) to expand education and training pro7 grams in methane hydrate resource research 

8 and resource development through fellowships 

9 or other means for graduate education and 

10 training. 

11 ‘‘(2) ENVIRONMENTAL MONITORING AND RE12 SEARCH.—The Secretary shall conduct a long-term 

13 environmental monitoring and research program to 

14 study the effects of production from methane hy15 drate reservoirs. 

16 ‘‘(3) COMPETITIVE PEER REVIEW.—Funds 

17 made available under paragraphs (1) and (2) shall 

18 be made available based on a competitive process 

19 using external scientific peer review of proposed re20 search.’’. 

21 (2) CONFORMING AMENDMENT.—Section 4(e) 

22 of the Methane Hydrate Research and Development 

23 Act of 2000 (30 U.S.C. 2003(e)) is amended in the 

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1 section (b)(1)’’ and inserting ‘‘paragraphs (1) and 

2 (2) of subsection (b)’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—The 

4 Methane Hydrate Research and Development Act of 2000 

5 is amended by striking section 7 (30 U.S.C. 2006) and 

6 inserting the following: 

7 ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There is authorized to be appropriated to carry out 

9 this Act $35,000,000 for each of fiscal years 2017 through 

10 2021.’’. 

11 SEC. 3102. LIQUEFIED NATURAL GAS STUDY. 

12 (a) STUDY.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Secretary, in 

15 consultation with the National Association of Regu16 latory Utility Commissioners and the National Asso17 ciation of State Energy Officials, shall conduct a 

18 study of the State, regional, and national implica19 tions of exporting liquefied natural gas with respect 

20 to consumers and the economy. 

21 (2) CONTENTS.—The study conducted under 

22 paragraph (1) shall include an analysis of— 

23 (A) the economic impact that exporting liq24 uefied natural gas will have in regions that cur25 rently import liquefied natural gas; 


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1 (B) job creation in the manufacturing sec2 tors; and 

3 (C) such other issues as the Secretary con4 siders appropriate. 

5 (b) REPORT TO CONGRESS.—Not later than 1 year 

6 after the date of enactment of this Act, the Administrator 

7 shall submit to Congress a report on the results of the 

8 study conducted under subsection (a). 

9 SEC. 3103. FERC PROCESS COORDINATION WITH RESPECT 

10 TO REGULATORY APPROVAL OF GAS 

11 PROJECTS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) COMMISSION.—The term ‘‘Commission’’ 

14 means the Federal Energy Regulatory Commission. 

15 (2) FEDERAL AUTHORIZATION.— 

16 (A) IN GENERAL.—The term ‘‘Federal au17 thorization’’ means any authorization required 

18 under Federal law with respect to an applica19 tion for authorization or a certificate of public 

20 convenience and necessity relating to gas trans21 portation subject to the jurisdiction of the Com22 mission. 

23 (B) INCLUSIONS.—The term ‘‘Federal au24 thorization’’ includes any permits, special use 

25 authorizations, certifications, opinions, or other 


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1 approvals as may be required under Federal law 

2 with respect to an application for authorization 

3 or a certificate of public convenience and neces4 sity relating to gas transportation subject to the 

5 jurisdiction of the Commission. 

6 (b) DESIGNATION AS LEAD AGENCY.— 

7 (1) IN GENERAL.—The Commission shall act as 

8 the lead agency for the purposes of— 

9 (A) coordinating all applicable Federal au10 thorizations; and 

11 (B) compliance with the National Environ12 mental Policy Act of 1969 (42 U.S.C. 4321 et 

13 seq.). 

14 (2) OTHER AGENCIES.—Each Federal and 

15 State agency considering an aspect of an application 

16 for Federal authorization shall cooperate with the 

17 Commission. 

18 (c) SCHEDULE.— 

19 (1) TIMING FOR ISSUANCE.—It is the sense of 

20 Congress that all Federal authorizations required for 

21 a project or facility should be issued by not later 

22 than the date that is 90 days after the date on 

23 which an application is considered to be complete by 

24 the Commission. 

25 (2) COMMISSION SCHEDULE.— 


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1 (A) IN GENERAL.—The Commission shall 

2 establish a schedule for the issuance of all Fed3 eral authorizations. 

4 (B) REQUIREMENTS.—In establishing the 

5 schedule under subparagraph (A), the Commis6 sion shall— 

7 (i) consult and cooperate with the 

8 Federal and State agencies responsible for 

9 a Federal authorization; 

10 (ii) ensure the expeditious completion 

11 of all proceedings relating to a Federal au12 thorization; and 

13 (iii) comply with applicable schedules 

14 established under Federal law with respect 

15 to a Federal authorization. 

16 (3) RESOLUTION OF INTERAGENCY DIS17 PUTES.—If the Federal agency with responsibility 

18 fails to adhere to the schedule established by the 

19 Commission under paragraph (2), or if a Federal 

20 authorization has been unreasonably denied, or if a 

21 Federal authorization would be inconsistent with the 

22 purposes of this section or other applicable law, the 

23 Commission shall refer the matter to the Chairman 

24 of the Council on Environmental Quality— 

25 (A) to ensure timely participation; 


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1 (B) to ensure a timely decision; 

2 (C) to mediate the dispute; or 

3 (D) to refer the matter to the President. 

4 (d) CONSOLIDATED RECORD.—The Commission shall 

5 maintain official consolidated records of all license pro6 ceedings under this section. 

7 (e) DEFERENCE TO COMMISSION.—In making a deci8 sion with respect to a Federal authorization, each agency 

9 shall give deference, to the maximum extent authorized 

10 by law, to the scope of environmental review that the Com11 mission determines to be appropriate. 

12 (f) CONCURRENT REVIEWS.—Pursuant to the sched13 ule established under subsection (c)(2), each agency con14 sidering an aspect of an application for Federal authoriza15 tion shall— 

16 (1) to the maximum extent authorized by law, 

17 carry out the obligations of that agency under appli18 cable law concurrently and in conjunction with the 

19 review required by the National Environmental Pol20 icy Act of 1969 (42 U.S.C. 4321 et seq.), unless 

21 doing so would impair the ability of the agency to 

22 conduct needed analysis or otherwise carry out those 

23 obligations; 

24 (2) formulate and implement administrative, 

25 policy, and procedural mechanisms to enable the 


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1 agency to complete the required Federal authoriza2 tions in accordance with the schedule described in 

3 subsection (c); and 

4 (3) transmit to the Commission a statement— 

5 (A) acknowledging notice of the schedule 

6 described in subsection (c); and 

7 (B) describing the plan formulated under 

8 paragraph (2). 

9 (g) FAILURE TO MEET DEADLINE.—If an agency 

10 does not complete a proceeding for an approval that is 

11 required for a Federal authorization in accordance with 

12 the schedule described in subsection (c), the head of the 

13 relevant Federal agency (including, in the case of a failure 

14 by the State agency or unit of local government, the Fed15 eral agency overseeing the delegated authority) shall— 

16 (1) notify Congress and the Commission of the 

17 failure; and 

18 (2) describe in that notification an implementa19 tion plan to ensure completion. 

20 (h) ACCOUNTABILITY; TRANSPARENCY; EFFI21 CIENCY.— 

22 (1) IN GENERAL.—For applications requiring 

23 multiple Federal authorizations, the Commission, in 

24 consultation with any agency considering an aspect 

25 of the application, shall track and make available to 


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1 the public on the website of the Commission infor2 mation relating to the actions required to complete 

3 permitting, reviews, and other requirements. 

4 (2) INCLUSIONS.—Information tracked under 

5 paragraph (1) shall include the following: 

6 (A) The schedule described in subsection 

7 (c). 

8 (B) A list of all the actions required by 

9 each applicable agency to complete permitting, 

10 reviews, and other requirements necessary to 

11 obtain a final decision on the Federal author12 ization. 

13 (C) The expected completion date for each 

14 action listed under subparagraph (B). 

15 (D) A point of contact at the agency ac16 countable for each action listed under subpara17 graph (B). 

18 (E) In the event that an action is still 

19 pending as of the expected date of completion, 

20 a brief explanation of the reason for the delay. 

21 SEC. 3104. PILOT PROGRAM. 

22 (a) ESTABLISHMENT.—The Secretary of the Interior, 

23 acting through the Director of the Bureau of Land Man24 agement (referred to in this section as the ‘‘Director’’), 

25 shall establish a pilot program in 1 State with at least 


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1 2,000 oil and gas drilling spacing units (as defined under 

2 State law), in which— 

3 (1) 25 percent or less of the minerals are owned 

4 or held in trust by the Federal Government; and 

5 (2) there is no surface land owned or held in 

6 trust by the Federal Government. 

7 (b) ACTIVITIES.—In carrying out the pilot program, 

8 the Director shall identify and implement ways to stream9 line the review and approval of Applications for Permits 

10 to Drill for oil and gas drilling spacing units of the State 

11 in order to achieve a processing time for those oil and gas 

12 drilling spacing units similar to that of spacing units that 

13 require an Application for Permit to Drill and are not part 

14 of the pilot program in the same State. 

15 (c) FUNDING.—Beginning in fiscal year 2016, and 

16 for a period of 3 years thereafter, to carry out the pilot 

17 program efficiently, the Director may fund up to 10 full18 time equivalents at appropriate field offices using fees col19 lected under section 35(d) of the Mineral Leasing Act (30 

20 U.S.C. 191(d)) and not otherwise expended. 

21 (d) REPORT.—Not later than 4 years after the date 

22 of enactment of this Act, the Director shall submit to Con23 gress a report on the results of the pilot program. 

24 (e) WAIVER.—The Secretary of the Interior may 

25 waive the requirement for an Application for Permit to 


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1 Drill if the Director determines that the mineral interest 

2 of the United States in the spacing units in land covered 

3 by this section is adequately protected, if otherwise in ac4 cordance with applicable laws, regulations, and lease 

5 terms. 

6 Subtitle C—Helium 

7 SEC. 3201. RIGHTS TO HELIUM. 

8 (a) DEFINITION OF HELIUM-RELATED PROJECT.— 

9 The term ‘‘helium-related project’’ means a project— 

10 (1) to explore or produce crude helium; and 

11 (2) to sell crude or refined helium. 

12 (b) EXPEDITED COMPLETION.—Notwithstanding any 

13 other provision of law, applicable environmental reviews 

14 under the National Environmental Policy Act of 1969 (42 

15 U.S.C. 4321 et seq.) for helium-related projects shall be 

16 completed on an expeditious basis and the shortest exist17 ing applicable process under that Act shall be used for 

18 such projects. 

19 (c) REPEAL OF RESERVATION OF HELIUM

20 RIGHTS.—The first section of the Mineral Leasing Act 

21 (30 U.S.C. 181) is amended by striking the flush text that 

22 follows the last undesignated subsection. 

23 (d) RIGHTS TO HELIUM UNDER LEASES UNDER

24 MINERAL LEASING ACT FOR ACQUIRED LANDS.—The 


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1 Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 

2 et seq.) is amended by adding at the end the following: 

3 ‘‘SEC. 12. RIGHTS TO HELIUM. 

4 ‘‘Any lease issued under this Act that authorizes ex5 ploration for, or development or production of, gas shall 

6 be considered to grant to the lessee a right of first refusal 

7 to engage in exploration for, and development and produc8 tion of, helium on land that is subject to the lease in ac9 cordance with regulations issued by the Secretary.’’. 

10 Subtitle D—Critical Minerals 

11 SEC. 3301. DEFINITIONS. 

12 In this subtitle: 

13 (1) CRITICAL MINERAL.— 

14 (A) IN GENERAL.—The term ‘‘critical min15 eral’’ means any mineral, element, substance, or 

16 material designated as critical pursuant to sec17 tion 3303. 

18 (B) EXCLUSIONS.—The term ‘‘critical 

19 mineral’’ does not include— 

20 (i) fuel minerals, including oil, natural 

21 gas, or any other fossil fuels; or 

22 (ii) water, ice, or snow. 

23 (2) CRITICAL MINERAL MANUFACTURING.—The 

24 term ‘‘critical mineral manufacturing’’ means— 


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1 (A) the production, processing, refining, 

2 alloying, separation, concentration, magnetic 

3 sintering, melting, or beneficiation of critical 

4 minerals within the United States; 

5 (B) the fabrication, assembly, or produc6 tion, within the United States, of equipment, 

7 components, or other goods with energy tech8 nology-, defense-, agriculture-, consumer elec9 tronics-, or health care-related applications; or 

10 (C) any other value-added, manufacturing11 related use of critical minerals undertaken with12 in the United States. 

13 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

14 has the meaning given the term in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 450b). 

17 (4) STATE.—The term ‘‘State’’ means— 

18 (A) a State; 

19 (B) the District of Columbia; 

20 (C) the Commonwealth of Puerto Rico; 

21 (D) Guam; 

22 (E) American Samoa; 

23 (F) the Commonwealth of the Northern 

24 Mariana Islands; and 

25 (G) the United States Virgin Islands. 


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1 SEC. 3302. POLICY. 

2 (a) IN GENERAL.—Section 3 of the National Mate3 rials and Minerals Policy, Research and Development Act 

4 of 1980 (30 U.S.C. 1602) is amended in the second sen5 tence— 

6 (1) by striking paragraph (3) and inserting the 

7 following: 

8 ‘‘(3) establish an analytical and forecasting ca9 pability for identifying critical mineral demand, sup10 ply, and other factors to allow informed actions to 

11 be taken to avoid supply shortages, mitigate price 

12 volatility, and prepare for demand growth and other 

13 market shifts;’’; 

14 (2) in paragraph (6), by striking ‘‘and’’ after 

15 the semicolon at the end; and 

16 (3) by striking paragraph (7) and inserting the 

17 following: 

18 ‘‘(7) encourage Federal agencies to facilitate 

19 the availability, development, and environmentally 

20 responsible production of domestic resources to meet 

21 national material or critical mineral needs; 

22 ‘‘(8) avoid duplication of effort, prevent unnec23 essary paperwork, and minimize delays in the ad24 ministration of applicable laws (including regula25 tions) and the issuance of permits and authoriza26 tions necessary to explore for, develop, and produce 


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1 critical minerals and to construct critical mineral 

2 manufacturing facilities in accordance with applica3 ble environmental and land management laws; 

4 ‘‘(9) strengthen educational and research capa5 bilities and workforce training; 

6 ‘‘(10) bolster international cooperation through 

7 technology transfer, information sharing, and other 

8 means; 

9 ‘‘(11) promote the efficient production, use, and 

10 recycling of critical minerals; 

11 ‘‘(12) develop alternatives to critical minerals; 

12 and 

13 ‘‘(13) establish contingencies for the production 

14 of, or access to, critical minerals for which viable 

15 sources do not exist within the United States.’’. 

16 (b) CONFORMING AMENDMENT.—Section 2(b) of the 

17 National Materials and Minerals Policy, Research and De18 velopment Act of 1980 (30 U.S.C. 1601(b)) is amended 

19 by striking ‘‘(b) As used in this Act, the term’’ and insert20 ing the following: 

21 ‘‘(b) DEFINITIONS.—In this Act: 

22 ‘‘(1) CRITICAL MINERAL.—The term ‘critical 

23 mineral’ means any mineral or element designated 

24 as a critical mineral pursuant to section 3303 of the 

25 Energy Policy Modernization Act of 2015. 


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1 ‘‘(2) MATERIALS.—The term’’. 

2 SEC. 3303. CRITICAL MINERAL DESIGNATIONS. 

3 (a) DRAFT METHODOLOGY.—Not later than 90 days 

4 after the date of enactment of this Act, the Secretary of 

5 the Interior (acting through the Director of the United 

6 States Geological Survey) (referred to in this subtitle as 

7 the ‘‘Secretary’’), in consultation with relevant Federal 

8 agencies and entities, shall publish in the Federal Register 

9 for public comment a draft methodology for determining 

10 which minerals qualify as critical minerals based on an 

11 assessment of whether the minerals are— 

12 (1) subject to potential supply restrictions (in13 cluding restrictions associated with foreign political 

14 risk, abrupt demand growth, military conflict, violent 

15 unrest, anti-competitive or protectionist behaviors, 

16 and other risks throughout the supply chain); and 

17 (2) important in use (including energy tech18 nology-, defense-, currency-, agriculture-, consumer 

19 electronics-, and health care-related applications). 

20 (b) AVAILABILITY OF DATA.—If available data is in21 sufficient to provide a quantitative basis for the method22 ology developed under this section, qualitative evidence 

23 may be used to the extent necessary. 

24 (c) FINAL METHODOLOGY.—After reviewing public 

25 comments on the draft methodology under subsection (a) 


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1 and updating the draft methodology as appropriate, not 

2 later than 270 days after the date of enactment of this 

3 Act, the Secretary shall publish in the Federal Register 

4 a description of the final methodology for determining 

5 which minerals qualify as critical minerals. 

6 (d) DESIGNATIONS.— 

7 (1) IN GENERAL.—For purposes of carrying out 

8 this subtitle, the Secretary shall maintain a list of 

9 minerals and elements designated as critical, pursu10 ant to the methodology under subsection (c). 

11 (2) INITIAL LIST.—Subject to paragraph (1), 

12 not later than 1 year after the date of enactment of 

13 this Act, the Secretary shall publish in the Federal 

14 Register an initial list of minerals designated as crit15 ical pursuant to the final methodology under sub16 section (c) for the purpose of carrying out this sub17 title. 

18 (3) INCLUSIONS.—Notwithstanding the criteria 

19 under subsection (c), the Secretary may designate 

20 and include on the list any mineral or element deter21 mined by another Federal agency to be strategic and 

22 critical to the defense or national security of the 

23 United States. 

24 (e) SUBSEQUENT REVIEW.— 


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1 (1) IN GENERAL.—The Secretary shall review 

2 the methodology and designations under subsections 

3 (c) and (d) at least every 3 years, or more frequently 

4 as the Secretary considers to be appropriate. 

5 (2) REVISIONS.—Subject to subsection (d)(1), 

6 the Secretary may— 

7 (A) revise the methodology described in 

8 this section; 

9 (B) determine that minerals or elements 

10 previously determined to be critical minerals are 

11 no longer critical minerals; and 

12 (C) designate additional minerals or ele13 ments as critical minerals. 

14 (f) NOTICE.—On finalization of the methodology 

15 under subsection (c), the list under subsection (d), or any 

16 revision to the methodology or list under subsection (e), 

17 the Secretary shall submit to Congress written notice of 

18 the action. 

19 SEC. 3304. RESOURCE ASSESSMENT. 

20 (a) IN GENERAL.—Not later than 4 years after the 

21 date of enactment of this Act, in consultation with applica22 ble State (including geological surveys), local, academic, 

23 industry, and other entities, the Secretary shall complete 

24 a comprehensive national assessment of each critical min25 eral that— 


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1 (1) identifies and quantifies known critical min2 eral resources, using all available public and private 

3 information and datasets, including exploration his4 tories; and 

5 (2) provides a quantitative and qualitative as6 sessment of undiscovered critical mineral resources 

7 throughout the United States, including probability 

8 estimates of tonnage and grade, using all available 

9 public and private information and datasets, includ10 ing exploration histories. 

11 (b) SUPPLEMENTARY INFORMATION.—In carrying 

12 out this section, the Secretary may carry out surveys and 

13 field work (including drilling, remote sensing, geophysical 

14 surveys, geological mapping, and geochemical sampling 

15 and analysis) to supplement existing information and 

16 datasets available for determining the existence of critical 

17 minerals in the United States. 

18 (c) TECHNICAL ASSISTANCE.—At the request of the 

19 Governor of a State or the head of an Indian tribe, the 

20 Secretary may provide technical assistance to State gov21 ernments and Indian tribes conducting critical mineral re22 source assessments on non-Federal land. 

23 (d) PRIORITIZATION.— 

24 (1) IN GENERAL.—The Secretary may sequence 

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1 ical mineral such that critical minerals considered to 

2 be most critical under the methodology established 

3 under section 3303 are completed first. 

4 (2) REPORTING.—During the period beginning 

5 not later than 1 year after the date of enactment of 

6 this Act and ending on the date of completion of all 

7 of the assessments required under this section, the 

8 Secretary shall submit to Congress on an annual 

9 basis an interim report that— 

10 (A) identifies the sequence and schedule 

11 for completion of the assessments if the Sec12 retary sequences the assessments; or 

13 (B) describes the progress of the assess14 ments if the Secretary does not sequence the 

15 assessments. 

16 (e) UPDATES.—The Secretary may periodically up17 date the assessments conducted under this section based 

18 on— 

19 (1) the generation of new information or 

20 datasets by the Federal Government; or 

21 (2) the receipt of new information or datasets 

22 from critical mineral producers, State geological sur23 veys, academic institutions, trade associations, or 

24 other persons. 


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1 (f) ADDITIONAL SURVEYS.—The Secretary shall com2 plete a resource assessment for each additional mineral 

3 or element subsequently designated as a critical mineral 

4 under section 3303(e)(2) not later than 2 years after the 

5 designation of the mineral or element. 

6 (g) REPORT.—Not later than 2 years after the date 

7 of enactment of this Act, the Secretary shall submit to 

8 Congress a report describing the status of geological sur9 veying of Federal land for any mineral commodity— 

10 (1) for which the United States was dependent 

11 on a foreign country for more than 25 percent of the 

12 United States supply, as depicted in the report 

13 issued by the United States Geological Survey enti14 tled ‘‘Mineral Commodity Summaries 2015’’; but 

15 (2) that is not designated as a critical mineral 

16 under section 3303. 

17 SEC. 3305. PERMITTING. 

18 (a) PERFORMANCE IMPROVEMENTS.—To improve 

19 the quality and timeliness of decisions, the Secretary (act20 ing through the Director of the Bureau of Land Manage21 ment) and the Secretary of Agriculture (acting through 

22 the Chief of the Forest Service) (referred to in this section 

23 as the ‘‘Secretaries’’) shall, to the maximum extent prac24 ticable, with respect to critical mineral production on Fed25 eral land, complete Federal permitting and review procVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 esses with maximum efficiency and effectiveness, while 

2 supporting vital economic growth, by— 

3 (1) establishing and adhering to timelines and 

4 schedules for the consideration of, and final deci5 sions regarding, applications, operating plans, leases, 

6 licenses, permits, and other use authorizations for 

7 mineral-related activities on Federal land; 

8 (2) establishing clear, quantifiable, and tem9 poral permitting performance goals and tracking 

10 progress against those goals; 

11 (3) engaging in early collaboration among agen12 cies, project sponsors, and affected stakeholders— 

13 (A) to incorporate and address the inter14 ests of those parties; and 

15 (B) to minimize delays; 

16 (4) ensuring transparency and accountability by 

17 using cost-effective information technology to collect 

18 and disseminate information regarding individual 

19 projects and agency performance; 

20 (5) engaging in early and active consultation 

21 with State, local, and Indian tribal governments to 

22 avoid conflicts or duplication of effort, resolve con23 cerns, and allow for concurrent, rather than sequen24 tial, reviews; 


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1 (6) providing demonstrable improvements in the 

2 performance of Federal permitting and review proc3 esses, including lower costs and more timely deci4 sions; 

5 (7) expanding and institutionalizing permitting 

6 and review process improvements that have proven 

7 effective; 

8 (8) developing mechanisms to better commu9 nicate priorities and resolve disputes among agencies 

10 at the national, regional, State, and local levels; and 

11 (9) developing other practices, such as 

12 preapplication procedures. 

13 (b) REVIEW AND REPORT.—Not later than 1 year 

14 after the date of enactment of this Act, the Secretaries 

15 shall submit to Congress a report that— 

16 (1) identifies additional measures (including 

17 regulatory and legislative proposals, as appropriate) 

18 that would increase the timeliness of permitting ac19 tivities for the exploration and development of do20 mestic critical minerals; 

21 (2) identifies options (including cost recovery 

22 paid by permit applicants) for ensuring adequate 

23 staffing and training of Federal entities and per24 sonnel responsible for the consideration of applica25 tions, operating plans, leases, licenses, permits, and 


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1 other use authorizations for critical mineral-related 

2 activities on Federal land; 

3 (3) quantifies the amount of time typically re4 quired (including range derived from minimum and 

5 maximum durations, mean, median, variance, and 

6 other statistical measures or representations) to 

7 complete each step (including those aspects outside 

8 the control of the executive branch, such as judicial 

9 review, applicant decisions, or State and local gov10 ernment involvement) associated with the develop11 ment and processing of applications, operating 

12 plans, leases, licenses, permits, and other use au13 thorizations for critical mineral-related activities on 

14 Federal land, which shall serve as a baseline for the 

15 performance metric under subsection (c); and 

16 (4) describes actions carried out pursuant to 

17 subsection (a). 

18 (c) PERFORMANCE METRIC.—Not later than 90 days 

19 after the date of submission of the report under subsection 

20 (b), the Secretaries, after providing public notice and an 

21 opportunity to comment, shall develop and publish a per22 formance metric for evaluating the progress made by the 

23 executive branch to expedite the permitting of activities 

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1 mestic critical minerals, while maintaining environmental 

2 standards. 

3 (d) ANNUAL REPORTS.—Beginning with the first 

4 budget submission by the President under section 1105 

5 of title 31, United States Code, after publication of the 

6 performance metric required under subsection (c), and an7 nually thereafter, the Secretaries shall submit to Congress 

8 a report that— 

9 (1) summarizes the implementation of rec10 ommendations, measures, and options identified in 

11 paragraphs (1) and (2) of subsection (b); 

12 (2) using the performance metric under sub13 section (c), describes progress made by the executive 

14 branch, as compared to the baseline established pur15 suant to subsection (b)(3), on expediting the permit16 ting of activities that will increase exploration for, 

17 and development of, domestic critical minerals; and 

18 (3) compares the United States to other coun19 tries in terms of permitting efficiency and any other 

20 criteria relevant to the globally competitive critical 

21 minerals industry. 

22 (e) INDIVIDUAL PROJECTS.—Using data from the 

23 Secretaries generated under subsection (d), the Director 

24 of the Office of Management and Budget shall prioritize 

25 inclusion of individual critical mineral projects on the 


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1 website operated by the Office of Management and Budget 

2 in accordance with section 1122 of title 31, United States 

3 Code. 

4 (f) REPORT OF SMALL BUSINESS ADMINISTRA5 TION.—Not later than 1 year and 300 days after the date 

6 of enactment of this Act, the Administrator of the Small 

7 Business Administration shall submit to the applicable 

8 committees of Congress a report that assesses the per9 formance of Federal agencies with respect to— 

10 (1) complying with chapter 6 of title 5, United 

11 States Code (commonly known as the ‘‘Regulatory 

12 Flexibility Act’’), in promulgating regulations appli13 cable to the critical minerals industry; and 

14 (2) performing an analysis of regulations appli15 cable to the critical minerals industry that may be 

16 outmoded, inefficient, duplicative, or excessively bur17 densome. 

18 SEC. 3306. FEDERAL REGISTER PROCESS. 

19 (a) DEPARTMENTAL REVIEW.—Absent any extraor20 dinary circumstance, and except as otherwise required by 

21 law, the Secretary and the Secretary of Agriculture shall 

22 ensure that each Federal Register notice described in sub23 section (b) shall be— 


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1 (1) subject to any required reviews within the 

2 Department of the Interior or the Department of 

3 Agriculture; and 

4 (2) published in final form in the Federal Reg5 ister not later than 45 days after the date of initial 

6 preparation of the notice. 

7 (b) PREPARATION.—The preparation of Federal Reg8 ister notices required by law associated with the issuance 

9 of a critical mineral exploration or mine permit shall be 

10 delegated to the organizational level within the agency re11 sponsible for issuing the critical mineral exploration or 

12 mine permit. 

13 (c) TRANSMISSION.—All Federal Register notices re14 garding official document availability, announcements of 

15 meetings, or notices of intent to undertake an action shall 

16 be originated in, and transmitted to the Federal Register 

17 from, the office in which, as applicable— 

18 (1) the documents or meetings are held; or 

19 (2) the activity is initiated. 

20 SEC. 3307. RECYCLING, EFFICIENCY, AND ALTERNATIVES. 

21 (a) ESTABLISHMENT.—The Secretary of Energy (re22 ferred to in this section as the ‘‘Secretary’’) shall conduct 

23 a program of research and development— 


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1 (1) to promote the efficient production, use, 

2 and recycling of critical minerals throughout the 

3 supply chain; and 

4 (2) to develop alternatives to critical minerals 

5 that do not occur in significant abundance in the 

6 United States. 

7 (b) COOPERATION.—In carrying out the program, the 

8 Secretary shall cooperate with appropriate— 

9 (1) Federal agencies and National Laboratories; 

10 (2) critical mineral producers; 

11 (3) critical mineral processors; 

12 (4) critical mineral manufacturers; 

13 (5) trade associations; 

14 (6) academic institutions; 

15 (7) small businesses; and 

16 (8) other relevant entities or individuals. 

17 (c) ACTIVITIES.—Under the program, the Secretary 

18 shall carry out activities that include the identification and 

19 development of— 

20 (1) advanced critical mineral extraction, pro21 duction, separation, alloying, or processing tech22 nologies that decrease the energy consumption, envi23 ronmental impact, and costs of those activities, in24 cluding— 


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1 (A) efficient water and wastewater man2 agement strategies; 

3 (B) technologies and management strate4 gies to control the environmental impacts of 

5 radionuclides in ore tailings; and 

6 (C) technologies for separation and proc7 essing; 

8 (2) technologies or process improvements that 

9 minimize the use, or lead to more efficient use, of 

10 critical minerals across the full supply chain; 

11 (3) technologies, process improvements, or de12 sign optimizations that facilitate the recycling of 

13 critical minerals, and options for improving the rates 

14 of collection of products and scrap containing critical 

15 minerals from post-consumer, industrial, or other 

16 waste streams; 

17 (4) commercial markets, advanced storage 

18 methods, energy applications, and other beneficial 

19 uses of critical minerals processing byproducts; 

20 (5) alternative minerals, metals, and materials, 

21 particularly those available in abundance within the 

22 United States and not subject to potential supply re23 strictions, that lessen the need for critical minerals; 

24 and 


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1 (6) alternative energy technologies or alter2 native designs of existing energy technologies, par3 ticularly those that use minerals that— 

4 (A) occur in abundance in the United 

5 States; and 

6 (B) are not subject to potential supply re7 strictions. 

8 (d) REPORTS.—Not later than 2 years after the date 

9 of enactment of this Act, and annually thereafter, the Sec10 retary shall submit to Congress a report summarizing the 

11 activities, findings, and progress of the program. 

12 SEC. 3308. ANALYSIS AND FORECASTING. 

13 (a) CAPABILITIES.—In order to evaluate existing crit14 ical mineral policies and inform future actions that may 

15 be taken to avoid supply shortages, mitigate price vola16 tility, and prepare for demand growth and other market 

17 shifts, the Secretary, in consultation with the Energy In18 formation Administration, academic institutions, and oth19 ers in order to maximize the application of existing com20 petencies related to developing and maintaining computer21 models and similar analytical tools, shall conduct and pub22 lish the results of an annual report that includes— 

23 (1) as part of the annually published Mineral 

24 Commodity Summaries from the United States Geo25 logical Survey, a comprehensive review of critical 


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1 mineral production, consumption, and recycling pat2 terns, including— 

3 (A) the quantity of each critical mineral 

4 domestically produced during the preceding 

5 year; 

6 (B) the quantity of each critical mineral 

7 domestically consumed during the preceding 

8 year; 

9 (C) market price data or other price data 

10 for each critical mineral; 

11 (D) an assessment of— 

12 (i) critical mineral requirements to 

13 meet the national security, energy, eco14 nomic, industrial, technological, and other 

15 needs of the United States during the pre16 ceding year; 

17 (ii) the reliance of the United States 

18 on foreign sources to meet those needs 

19 during the preceding year; and 

20 (iii) the implications of any supply 

21 shortages, restrictions, or disruptions dur22 ing the preceding year; 

23 (E) the quantity of each critical mineral 

24 domestically recycled during the preceding year; 


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1 (F) the market penetration during the pre2 ceding year of alternatives to each critical min3 eral; 

4 (G) a discussion of international trends as5 sociated with the discovery, production, con6 sumption, use, costs of production, prices, and 

7 recycling of each critical mineral as well as the 

8 development of alternatives to critical minerals; 

9 and 

10 (H) such other data, analyses, and evalua11 tions as the Secretary finds are necessary to 

12 achieve the purposes of this section; and 

13 (2) a comprehensive forecast, entitled the ‘‘An14 nual Critical Minerals Outlook’’, of projected critical 

15 mineral production, consumption, and recycling pat16 terns, including— 

17 (A) the quantity of each critical mineral 

18 projected to be domestically produced over the 

19 subsequent 1-year, 5-year, and 10-year periods; 

20 (B) the quantity of each critical mineral 

21 projected to be domestically consumed over the 

22 subsequent 1-year, 5-year, and 10-year periods; 

23 (C) an assessment of— 

24 (i) critical mineral requirements to 

25 meet projected national security, energy, 


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1 economic, industrial, technological, and 

2 other needs of the United States; 

3 (ii) the projected reliance of the 

4 United States on foreign sources to meet 

5 those needs; and 

6 (iii) the projected implications of po7 tential supply shortages, restrictions, or 

8 disruptions; 

9 (D) the quantity of each critical mineral 

10 projected to be domestically recycled over the 

11 subsequent 1-year, 5-year, and 10-year periods; 

12 (E) the market penetration of alternatives 

13 to each critical mineral projected to take place 

14 over the subsequent 1-year, 5-year, and 10-year 

15 periods; 

16 (F) a discussion of reasonably foreseeable 

17 international trends associated with the dis18 covery, production, consumption, use, costs of 

19 production, and recycling of each critical min20 eral as well as the development of alternatives 

21 to critical minerals; and 

22 (G) such other projections relating to each 

23 critical mineral as the Secretary determines to 

24 be necessary to achieve the purposes of this sec25 tion. 


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1 (b) PROPRIETARY INFORMATION.—In preparing a re2 port described in subsection (a), the Secretary shall en3 sure, consistent with section 5(f) of the National Materials 

4 and Minerals Policy, Research and Development Act of 

5 1980 (30 U.S.C. 1604(f)), that— 

6 (1) no person uses the information and data 

7 collected for the report for a purpose other than the 

8 development of or reporting of aggregate data in a 

9 manner such that the identity of the person or firm 

10 who supplied the information is not discernible and 

11 is not material to the intended uses of the informa12 tion; 

13 (2) no person discloses any information or data 

14 collected for the report unless the information or 

15 data has been transformed into a statistical or ag16 gregate form that does not allow the identification of 

17 the person or firm who supplied particular informa18 tion; and 

19 (3) procedures are established to require the 

20 withholding of any information or data collected for 

21 the report if the Secretary determines that with22 holding is necessary to protect proprietary informa23 tion, including any trade secrets or other confiden24 tial information. 


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1 SEC. 3309. EDUCATION AND WORKFORCE. 

2 (a) WORKFORCE ASSESSMENT.—Not later than 1 

3 year and 300 days after the date of enactment of this Act, 

4 the Secretary of Labor (in consultation with the Secretary, 

5 the Director of the National Science Foundation, institu6 tions of higher education with substantial expertise in 

7 mining, institutions of higher education with significant 

8 expertise in minerals research, including fundamental re9 search into alternatives, and employers in the critical min10 erals sector) shall submit to Congress an assessment of 

11 the domestic availability of technically trained personnel 

12 necessary for critical mineral exploration, development, as13 sessment, production, manufacturing, recycling, analysis, 

14 forecasting, education, and research, including an analysis 

15 of— 

16 (1) skills that are in the shortest supply as of 

17 the date of the assessment; 

18 (2) skills that are projected to be in short sup19 ply in the future; 

20 (3) the demographics of the critical minerals in21 dustry and how the demographics will evolve under 

22 the influence of factors such as an aging workforce; 

23 (4) the effectiveness of training and education 

24 programs in addressing skills shortages; 

25 (5) opportunities to hire locally for new and ex26 isting critical mineral activities; 


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1 (6) the sufficiency of personnel within relevant 

2 areas of the Federal Government for achieving the 

3 policies described in section 3 of the National Mate4 rials and Minerals Policy, Research and Develop5 ment Act of 1980 (30 U.S.C. 1602); and 

6 (7) the potential need for new training pro7 grams to have a measurable effect on the supply of 

8 trained workers in the critical minerals industry. 

9 (b) CURRICULUM STUDY.— 

10 (1) IN GENERAL.—The Secretary and the Sec11 retary of Labor shall jointly enter into an arrange12 ment with the National Academy of Sciences and the 

13 National Academy of Engineering under which the 

14 Academies shall coordinate with the National 

15 Science Foundation on conducting a study— 

16 (A) to design an interdisciplinary program 

17 on critical minerals that will support the critical 

18 mineral supply chain and improve the ability of 

19 the United States to increase domestic, critical 

20 mineral exploration, development, production, 

21 manufacturing, research, including fundamental 

22 research into alternatives, and recycling; 

23 (B) to address undergraduate and grad24 uate education, especially to assist in the devel25 opment of graduate level programs of research 


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1 and instruction that lead to advanced degrees 

2 with an emphasis on the critical mineral supply 

3 chain or other positions that will increase do4 mestic, critical mineral exploration, develop5 ment, production, manufacturing, research, in6 cluding fundamental research into alternatives, 

7 and recycling; 

8 (C) to develop guidelines for proposals 

9 from institutions of higher education with sub10 stantial capabilities in the required disciplines 

11 for activities to improve the critical mineral 

12 supply chain and advance the capacity of the 

13 United States to increase domestic, critical min14 eral exploration, research, development, produc15 tion, manufacturing, and recycling; and 

16 (D) to outline criteria for evaluating per17 formance and recommendations for the amount 

18 of funding that will be necessary to establish 

19 and carry out the program described in sub20 section (c). 

21 (2) REPORT.—Not later than 2 years after the 

22 date of enactment of this Act, the Secretary shall 

23 submit to Congress a description of the results of 

24 the study required under paragraph (1). 

25 (c) PROGRAM.— 


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1 (1) ESTABLISHMENT.—The Secretary and the 

2 Secretary of Labor shall jointly conduct a competi3 tive grant program under which institutions of high4 er education may apply for and receive 4-year grants 

5 for— 

6 (A) startup costs for newly designated fac7 ulty positions in integrated critical mineral edu8 cation, research, innovation, training, and work9 force development programs consistent with 

10 subsection (b); 

11 (B) internships, scholarships, and fellow12 ships for students enrolled in programs related 

13 to critical minerals; 

14 (C) equipment necessary for integrated 

15 critical mineral innovation, training, and work16 force development programs; and 

17 (D) research of critical minerals and their 

18 applications, particularly concerning the manu19 facture of critical components vital to national 

20 security. 

21 (2) RENEWAL.—A grant under this subsection 

22 shall be renewable for up to 2 additional 3-year 

23 terms based on performance criteria outlined under 

24 subsection (b)(1)(D). 


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1 SEC. 3310. NATIONAL GEOLOGICAL AND GEOPHYSICAL 

2 DATA PRESERVATION PROGRAM. 

3 Section 351(k) of the Energy Policy Act of 2005 (42 

4 U.S.C. 15908(k)) is amended by striking ‘‘$30,000,000 

5 for each of fiscal years 2006 through 2010’’ and inserting 

6 ‘‘$5,000,000 for each of fiscal years 2017 through 2026, 

7 to remain available until expended’’. 

8 SEC. 3311. ADMINISTRATION. 

9 (a) IN GENERAL.—The National Critical Materials 

10 Act of 1984 (30 U.S.C. 1801 et seq.) is repealed. 

11 (b) CONFORMING AMENDMENT.—Section 3(d) of the 

12 National Superconductivity and Competitiveness Act of 

13 1988 (15 U.S.C. 5202(d)) is amended in the first sentence 

14 by striking ‘‘, with the assistance of the National Critical 

15 Materials Council as specified in the National Critical Ma16 terials Act of 1984 (30 U.S.C. 1801 et seq.),’’. 

17 (c) SAVINGS CLAUSES.— 

18 (1) IN GENERAL.—Nothing in this subtitle or 

19 an amendment made by this subtitle modifies any 

20 requirement or authority provided by— 

21 (A) the matter under the heading ‘‘GEO22 LOGICAL SURVEY’’ of the first section of the 

23 Act of March 3, 1879 (43 U.S.C. 31(a)); or 

24 (B) the first section of Public Law 87–626 

25 (43 U.S.C. 31(b)). 


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1 (2) POTASH.—Nothing in this subtitle affects 

2 any aspect of Secretarial Order 3324, issued by the 

3 Secretary of the Interior on December 3, 2012, with 

4 respect to potash and oil and gas operators. 

5 SEC. 3312. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated to carry out 

7 this subtitle $50,000,000 for each of fiscal years 2017 

8 through 2026. 

9 Subtitle E—Coal 

10 SEC. 3401. FOSSIL ENERGY. 

11 Section 961(a) of the Energy Policy Act of 2005 (42 

12 U.S.C. 16291(a)) is amended by adding at the end the 

13 following: 

14 ‘‘(8) Improving the conversion, use, and storage 

15 of carbon dioxide produced from fossil fuels.’’. 

16 SEC. 3402. ESTABLISHMENT OF COAL TECHNOLOGY PRO17 GRAM. 

18 (a) REPEALS.— 

19 (1) IN GENERAL.— 

20 (A) Sections 962 and 963 of the Energy 

21 Policy Act of 2005 (42 U.S.C. 16292, 16293) 

22 are repealed. 

23 (B) Subtitle A of title IV of the Energy 

24 Policy Act of 2005 (42 U.S.C. 15961 et seq.) 

25 is repealed. 


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1 (2) SAVINGS CLAUSE.—Notwithstanding the 

2 amendments made by paragraph (1), the Secretary 

3 shall continue to manage any program activities that 

4 are outstanding as of the date of enactment of this 

5 Act under the terms and conditions of sections 962 

6 and 963 of the Energy Policy Act of 2005 (42 

7 U.S.C. 16292, 16293) or subtitle A of title IV of the 

8 Energy Policy Act of 2005 (42 U.S.C. 15961 et 

9 seq.) (as in effect on the day before the date of en10 actment of this Act), as applicable. 

11 (3) CONFORMING AMENDMENTS.— 

12 (A) Section 703(a)(3) of the Energy Inde13 pendence and Security Act of 2007 (42 U.S.C. 

14 17251(a)(3)) is amended— 

15 (i) in the matter preceding subpara16 graph (A), by striking the first and second 

17 sentences; and 

18 (ii) in subparagraph (B), by striking 

19 ‘‘including’’ in the matter preceding clause 

20 (i) and all that follows through the period 

21 at the end and inserting ‘‘, including such 

22 geologic sequestration projects as are ap23 proved by the Secretary’’. 

24 (B) Section 704 of the Energy Independ25 ence and Security Act of 2007 (42 U.S.C. 


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1 17252) is amended in the first sentence by 

2 striking ‘‘under section 963(c)(3) of the Energy 

3 Policy Act of 2005 (42 U.S.C. 16293(c)(3)), as 

4 added by section 702 of this subtitle, and’’. 

5 (b) ESTABLISHMENT OF COAL TECHNOLOGY PRO6 GRAM.— 

7 (1) IN GENERAL.—The Energy Policy Act of 

8 2005 (as amended by subsection (a)) is amended by 

9 inserting after section 961 (42 U.S.C. 16291) the 

10 following: 

11 ‘‘SEC. 962. COAL TECHNOLOGY PROGRAM. 

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

13 ‘‘(1) LARGE-SCALE PILOT PROJECT.—The term 

14 ‘large-scale pilot project’ means a pilot project 

15 that— 

16 ‘‘(A) represents the scale of technology de17 velopment beyond laboratory development and 

18 bench scale testing, but not yet advanced to the 

19 point of being tested under real operational con20 ditions at commercial scale; 

21 ‘‘(B) represents the scale of technology 

22 necessary to gain the operational data needed 

23 to understand the technical and performance 

24 risks of the technology before the application of 


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1 that technology at commercial scale or in com2 mercial-scale demonstration; and 

3 ‘‘(C) is large enough— 

4 ‘‘(i) to validate scaling factors; and 

5 ‘‘(ii) to demonstrate the interaction 

6 between major components so that control 

7 philosophies for a new process can be de8 veloped and enable the technology to ad9 vance from large-scale pilot plant applica10 tion to commercial scale demonstration or 

11 application. 

12 ‘‘(2) PROGRAM.—The term ‘program’ means 

13 the program established under subsection (b). 

14 ‘‘(3) TRANSFORMATIONAL TECHNOLOGY.— 

15 ‘‘(A) IN GENERAL.—The term ‘trans16 formational technology’ means a power genera17 tion technology that represents an entirely new 

18 way to convert energy that will enable a step 

19 change in performance, efficiency, and cost of 

20 electricity as compared to the technology in ex21 istence on the date of enactment of this Act. 

22 ‘‘(B) INCLUSIONS.—The term ‘trans23 formational technology’ includes a broad range 

24 of technology improvements, including— 


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1 ‘‘(i) thermodynamic improvements in 

2 energy conversion and heat transfer, in3 cluding— 

4 ‘‘(I) oxygen combustion; 

5 ‘‘(II) chemical looping; and 

6 ‘‘(III) the replacement of steam 

7 cycles with supercritical carbon diox8 ide cycles; 

9 ‘‘(ii) improvements in turbine tech10 nology; 

11 ‘‘(iii) improvements in carbon capture 

12 systems technology; and 

13 ‘‘(iv) any other technology the Sec14 retary recognizes as transformational tech15 nology. 

16 ‘‘(b) COAL TECHNOLOGY PROGRAM.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall estab18 lish a coal technology program to ensure the contin19 ued use of the abundant, domestic coal resources of 

20 the United States through the development of tech21 nologies that will significantly improve the efficiency, 

22 effectiveness, costs, and environmental performance 

23 of coal use. 

24 ‘‘(2) REQUIREMENTS.—The program shall in25 clude— 


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1 ‘‘(A) a research and development program; 

2 ‘‘(B) large-scale pilot projects; and 

3 ‘‘(C) demonstration projects. 

4 ‘‘(3) PROGRAM GOALS AND OBJECTIVES.—In 

5 consultation with the interested entities described in 

6 paragraph (4)(C), the Secretary shall develop goals 

7 and objectives for the program to be applied to the 

8 technologies developed within the program, taking 

9 into consideration the following objectives: 

10 ‘‘(A) Ensure reliable, low cost power from 

11 new and existing coal plants. 

12 ‘‘(B) Achieve high conversion efficiencies. 

13 ‘‘(C) Address emissions of carbon dioxide 

14 through high efficiency platforms and carbon 

15 capture from new and existing coal plants. 

16 ‘‘(D) Support small-scale and modular 

17 technologies to enable incremental capacity ad18 ditions and load growth and large-scale genera19 tion technologies. 

20 ‘‘(E) Support flexible baseload operations 

21 for new and existing applications of coal gen22 eration. 

23 ‘‘(F) Further reduce emissions of criteria 

24 pollutants and reduce the use and manage the 

25 discharge of water in power plant operations. 


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1 ‘‘(G) Accelerate the development of tech2 nologies that have transformational energy con3 version characteristics. 

4 ‘‘(H) Validate geologic storage of large vol5 umes of anthropogenic sources of carbon diox6 ide and support the development of the infra7 structure needed to support a carbon dioxide 

8 use and storage industry. 

9 ‘‘(I) Examine methods of converting coal 

10 to other valuable products and commodities in 

11 addition to electricity. 

12 ‘‘(4) CONSULTATIONS REQUIRED.—In carrying 

13 out the program, the Secretary shall— 

14 ‘‘(A) undertake international collabora15 tions, as recommended by the National Coal 

16 Council; 

17 ‘‘(B) use existing authorities to encourage 

18 international cooperation; and 

19 ‘‘(C) consult with interested entities, in20 cluding – 

21 ‘‘(i) coal producers; 

22 ‘‘(ii) industries that use coal; 

23 ‘‘(iii) organizations that promote coal 

24 and advanced coal technologies; 

25 ‘‘(iv) environmental organizations; 


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1 ‘‘(v) organizations representing work2 ers; and 

3 ‘‘(vi) organizations representing con4 sumers. 

5 ‘‘(c) REPORT.— 

6 ‘‘(1) IN GENERAL.—Not later than 18 months 

7 after the date of enactment of this Act, the Sec8 retary shall submit to Congress a report describing 

9 the performance standards adopted under subsection 

10 (b)(3). 

11 ‘‘(2) UPDATE.—Once every 2 years after the 

12 initial report is submitted under paragraph (1), the 

13 Secretary shall submit to Congress a report describ14 ing the progress made towards achieving the objec15 tives and performance standards adopted under sub16 section (b)(3). 

17 ‘‘(d) FUNDING.— 

18 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the Sec20 retary to carry out this Act, to remain available until 

21 expended— 

22 ‘‘(A) $610,000,000 for each of fiscal years 

23 2017 through 2020; and 

24 ‘‘(B) $560,000,000 for fiscal year 2021. 


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1 ‘‘(2) ALLOCATIONS.—The amounts made avail2 able under paragraph (1) shall be allocated as fol3 lows: 

4 ‘‘(A) For activities under the research and 

5 development program component described in 

6 subsection (b)(2)(A)— 

7 ‘‘(i) $275,000,000 for each of fiscal 

8 years 2017 through 2020; and 

9 ‘‘(ii) $200,000,000 for fiscal year 

10 2021. 

11 ‘‘(B) For activities under the demonstra12 tion projects program component described in 

13 subsection (b)(2)(C)— 

14 ‘‘(i) $50,000,000 for each of fiscal 

15 years 2017 through 2020; and 

16 ‘‘(ii) $75,000,000 for fiscal year 2021. 

17 ‘‘(C) For activities under the large-scale 

18 pilot projects program component described in 

19 subsection (b)(2)(B), $285,000,000 for each of 

20 fiscal years 2017 through 2021.’’. 

21 (2) COST SHARING FOR LARGE-SCALE PILOT

22 PROJECTS.—Activities under subsection (b)(2)(B) 

23 shall be subject to the cost-sharing requirements of 

24 section 988(b) of the Energy Policy Act of 2005 (42 

25 U.S.C. 16352(b)). 


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1 Subtitle F—Nuclear 

2 SEC. 3501. REPORT ON FUSION AND FISSION REACTOR 

3 PROTOTYPES. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, the Secretary, in consulta6 tion with the National Laboratories, relevant Federal 

7 agencies, and other stakeholders, shall submit to the Com8 mittees on Energy and Natural Resources and Environ9 ment and Public Works of the Senate and the Committee 

10 on Science, Space, and Technology of the House of Rep11 resentatives a report assessing the capability of the De12 partment to host privately funded fusion and fission reac13 tor prototypes up to 20 megawatts thermal output and 

14 related demonstration facilities at sites owned by the De15 partment. 

16 (b) CONTENT.—The report submitted under sub17 section (a) shall describe the results of an assessment of— 

18 (1) the safety review, oversight capabilities, and 

19 potential liability of the Department; 

20 (2) potential sites capable of hosting research, 

21 development, and demonstration of prototype reac22 tors and related facilities for the purpose of reducing 

23 technical risk; 

24 (3) the existing physical and technical capabili25 ties of the Department and the National LaboraVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 tories relevant to research, development, and over2 sight; 

3 (4) the efficacy of the available contractual 

4 mechanisms of the Department, including— 

5 (A) cooperative research and development 

6 agreements; 

7 (B) work for others agreements; and 

8 (C) agreements for commercializing tech9 nology; 

10 (5) potential cost structures relating to physical 

11 security, decommissioning, liability, and other long12 term project costs; 

13 (6) the feasibility of the Department providing 

14 technical assistance to developers of privately funded 

15 fusion and advanced fission reactors in connection 

16 with obtaining a license from the Nuclear Regu17 latory Commission for demonstration reactors or 

18 commercial reactors of varying size and readiness 

19 levels up to 2 gigawatts of thermal output; and 

20 (7) other challenges or considerations identified 

21 by the Secretary, including issues relating to poten22 tial cases of demonstration reactors up to 2 

23 gigawatts of thermal output. 


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1 SEC. 3502. NEXT GENERATION NUCLEAR PLANT PROJECT. 

2 Section 642(b) of the Energy Policy Act of 2005 (42 

3 U.S.C. 16022(b)) is amended— 

4 (1) by striking paragraph (3); and 

5 (2) by redesignating paragraphs (4) and (5) as 

6 paragraphs (3) and (4), respectively. 

7 Subtitle G—Workforce 

8 Development 

9 SEC. 3601. 21ST CENTURY ENERGY WORKFORCE ADVISORY 

10 BOARD. 

11 (a) ESTABLISHMENT.—The Secretary shall establish 

12 the 21st Century Energy Workforce Advisory Board (re13 ferred to in this section as the ‘‘Board’’), to develop a 

14 strategy for the support and development of a skilled en15 ergy workforce that— 

16 (1) meets the current and future industry and 

17 labor needs of the energy sector; 

18 (2) provides opportunities for students to be19 come qualified for placement in traditional energy 

20 sector and clean energy sector jobs; 

21 (3) aligns apprenticeship programs and work22 force development programs to provide industry rec23 ognized certifications and credentials; 

24 (4) encourages leaders in the education system 

25 of the United States to equip students with the 

26 skills, mentorships, training, and technical expertise 


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1 necessary to fill the employment opportunities vital 

2 to managing and operating the energy- and manu3 facturing-related industries of the United States; 

4 (5) appropriately supports other Federal agen5 cies; 

6 (6) strengthens and more fully engages work7 force training programs of the Department and the 

8 National Laboratories in carrying out the Minorities 

9 in Energy Initiative of the Department and other 

10 Department workforce priorities; 

11 (7) supports the design and replication of exist12 ing model energy curricula, particularly in new and 

13 emerging technologies, that leads to industry-wide 

14 credentials; 

15 (8) develops plans to support and retrain dis16 placed and unemployed energy sector workers; and 

17 (9) makes a Department priority to provide 

18 education and job training to underrepresented 

19 groups, including ethnic minorities, Indian tribes (as 

20 defined in section 4 of the Indian Self-Determination 

21 and Education Assistance Act (25 U.S.C. 450b)), 

22 women, veterans, and socioeconomically disadvan23 taged individuals. 

24 (b) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The Board shall be com2 posed of 9 members, with the initial members of the 

3 Board to be appointed by the Secretary not later 

4 than 1 year after the date of enactment of this Act. 

5 (2) NOMINATIONS.—Not later than 1 year after 

6 the date of enactment of this Act, the President’s 

7 Council of Advisors on Science and Technology shall 

8 nominate for appointment to the Board under para9 graph (1) not less than 18 individuals who meet the 

10 qualifications described in paragraph (3). 

11 (3) QUALIFICATIONS.—Each individual nomi12 nated for appointment to the Board under para13 graph (1) shall— 

14 (A) be eminent in the field of economics or 

15 workforce development; 

16 (B) have expertise in relevant traditional 

17 energy industries and clean energy industries; 

18 (C) have expertise in secondary and post19 secondary education; 

20 (D) have expertise in energy workforce de21 velopment or apprentice programs of States and 

22 units of local government; 

23 (E) have expertise in relevant organized 

24 labor organizations; or 


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1 (F) have expertise in bringing underrep2 resented groups, including ethnic minorities, 

3 women, veterans, and socioeconomically dis4 advantaged individuals, into the workforce. 

5 (4) REPRESENTATION.—The membership of the 

6 Board shall be representative of the broad range of 

7 the energy industry, labor organizations, workforce 

8 development, education, minority participation, and 

9 economics disciplines related to activities carried out 

10 under this section. 

11 (5) LIMITATION.—No individual shall be nomi12 nated for appointment to the Board who is an em13 ployee of an entity applying for a grant under sec14 tion 3602. 

15 (c) ADVISORY BOARD REVIEW AND RECOMMENDA16 TIONS.— 

17 (1) DETERMINATION BY BOARD.—In developing 

18 the strategy required under subsection (a), the 

19 Board shall— 

20 (A) determine whether there are opportuni21 ties to more effectively and efficiently use the 

22 capabilities of the Department in the develop23 ment of a skilled energy workforce; 

24 (B) identify ways in which the Department 

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1 cies, States, units of local government, edu2 cational institutions, labor, and industry in the 

3 development of a skilled energy workforce; 

4 (C) identify ways in which the Department 

5 and National Laboratories can— 

6 (i) increase outreach to minority-serv7 ing institutions; and 

8 (ii) make resources available to in9 crease the number of skilled minorities and 

10 women trained to go into the energy- and 

11 manufacturing-related sectors; 

12 (D) identify ways in which the Department 

13 and National Laboratories can — 

14 (i) increase outreach to displaced and 

15 unemployed energy sector workers; and 

16 (ii) make resources available to pro17 vide training to displaced and unemployed 

18 energy sector workers to reenter the en19 ergy workforce; and 

20 (E) identify the energy sectors in greatest 

21 need of workforce training and develop guide22 lines for the skills necessary to develop a work23 force trained to work in those energy sectors. 


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1 (2) REQUIRED ANALYSIS.—In developing the 

2 strategy required under subsection (a), the Board 

3 shall analyze the effectiveness of— 

4 (A) existing Department directed support; 

5 and 

6 (B) developing energy workforce training 

7 programs. 

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

9 date on which the Board is established under this 

10 section, and each year thereafter, the Board shall 

11 submit to the Secretary and Congress, and make 

12 public, a report containing the findings of the Board 

13 and model energy curricula with respect to the strat14 egy required to be developed under subsection (a). 

15 (d) REPORT BY SECRETARY.—Not later than 18 

16 months after the date on which the Board is established 

17 under this section, the Secretary shall submit to the Com18 mittees on Appropriations of Senate and the House of 

19 Representatives, the Committee on Energy and Natural 

20 Resources of the Senate, and the Committee on Energy 

21 and Commerce of the House of Representatives a report 

22 that— 

23 (1) describes whether the Secretary approves or 

24 disapproves the recommendations of the Board 

25 under subsection (c)(3); and 


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1 (2) provides an implementation plan for rec2 ommendations approved by the Board under para3 graph (1). 

4 (e) CLEARINGHOUSE.—Based on the recommenda5 tions of the Board, the Secretary shall establish a clearing6 house— 

7 (1) to maintain and update information and re8 sources on training and workforce development pro9 grams for energy- and manufacturing-related jobs; 

10 and 

11 (2) to act as a resource, and provide guidance, 

12 for secondary schools, institutions of higher edu13 cation (including community colleges and minority14 serving institutions), workforce development organi15 zations, labor management organizations, and indus16 try organizations that would like to develop and im17 plement energy- and manufacturing-related training 

18 programs. 

19 (f) SUNSET.—The Board established under this sec20 tion shall remain in effect until September 30, 2020. 

21 SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM. 

22 (a) IN GENERAL.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary, in consulta24 tion with the Secretary of Labor and the Secretary of 

25 Education, shall establish a pilot program to award grants 


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1 on a competitive basis to eligible entities for job training 

2 programs that lead to an industry-recognized credential. 

3 (b) ELIGIBILITY.—To be eligible to receive a grant 

4 under this section, an entity shall be a public or nonprofit 

5 organization or a consortium of public or nonprofit organi6 zations that— 

7 (1) includes an advisory board of proportional 

8 participation, as determined by the Secretary, of rel9 evant organizations, including— 

10 (A) relevant energy industry organizations, 

11 including public and private employers; 

12 (B) labor organizations; 

13 (C) postsecondary education organizations; 

14 and 

15 (D) workforce development boards; 

16 (2) demonstrates experience in implementing 

17 and operating job training and education programs; 

18 (3) demonstrates the ability to recruit and sup19 port individuals who plan to work in the energy in20 dustry in the successful completion of relevant job 

21 training and education programs; and 

22 (4) provides students who complete the job 

23 training and education program with an industry24 recognized credential. 


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1 (c) APPLICATIONS.—Eligible entities desiring a grant 

2 under this section shall submit to the Secretary an appli3 cation at such time, in such manner, and containing such 

4 information as the Secretary may require. 

5 (d) PRIORITY.—In selecting eligible entities to receive 

6 grants under this section, the Secretary shall prioritize ap7 plicants that— 

8 (1) house the job training and education pro9 grams in— 

10 (A) a community college or institution of 

11 higher education that includes basic science and 

12 math education in the curriculum of the com13 munity college, institution of higher education; 

14 or 

15 (B) an apprenticeship program registered 

16 with the Department of Labor or a State; 

17 (2) work with the Secretary of Defense or vet18 erans organizations to transition members of the 

19 Armed Forces and veterans to careers in the energy 

20 sector; 

21 (3) work with Indian tribes (as defined in sec22 tion 4 of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 450b)); 

24 (4) apply as a State or regional consortia to le25 verage best practices already available in the State 


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1 or region in which the community college or institu2 tion of higher education is located; 

3 (5) have a State-supported entity included in 

4 the consortium applying for the grant; 

5 (6) include an apprenticeship program reg6 istered with the Department of Labor or a State as 

7 part of the job training and education program; 

8 (7) provide support services and career coach9 ing; 

10 (8) provide introductory energy workforce devel11 opment training; 

12 (9) work with minority-serving institutions to 

13 provide job training to increase the number of 

14 skilled minorities and women in the energy sector; or 

15 (10) provide job training for displaced and un16 employed workers in the energy sector. 

17 (e) ADDITIONAL CONSIDERATION.—In making 

18 grants under this section, the Secretary shall consider re19 gional diversity. 

20 (f) LIMITATION ON APPLICATIONS.—An eligible enti21 ty may not submit, either individually or as part of a joint 

22 application, more than 1 application for a grant under this 

23 section during any 1 fiscal year. 


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1 (g) LIMITATIONS ON AMOUNT OF GRANT.—The 

2 amount of an individual grant for any 1 year shall not 

3 exceed $1,000,000. 

4 (h) COST SHARING.— 

5 (1) FEDERAL SHARE.—The Federal share of 

6 the cost of a job training and education program 

7 carried out using a grant under this section shall be 

8 not greater than 65 percent. 

9 (2) NON-FEDERAL SHARE.— 

10 (A) IN GENERAL.—The non-Federal share 

11 of the cost of a job training and education pro12 gram carried out using a grant under this sec13 tion shall consist of not less than 50 percent 

14 cash. 

15 (B) LIMITATION.—Not greater than 50 

16 percent of the non-Federal contribution of the 

17 total cost of a job training and education pro18 gram carried out using a grant under this sec19 tion shall be in the form of in-kind contribu20 tions of goods or services fairly valued. 

21 (i) REDUCTION OF DUPLICATION.—Prior to submit22 ting an application for a grant under this section, each 

23 applicant shall consult with the appropriate agencies of 

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1 tivities of the applicant with existing State and local pro2 grams. 

3 (j) TECHNICAL ASSISTANCE.—The Secretary shall 

4 provide technical assistance and capacity building to na5 tional and State energy partnerships, including the enti6 ties described in subsection (b)(1), to leverage the existing 

7 job training and education programs of the Department. 

8 (k) REPORT.—The Secretary shall submit to Con9 gress and make publicly available on the website of the 

10 Department an annual report on the program established 

11 under this section, including a description of— 

12 (1) the entities receiving grants; 

13 (2) the activities carried out using the grants; 

14 (3) best practices used to leverage the invest15 ment of the Federal Government; 

16 (4) the rate of employment for participants 

17 after completing a job training and education pro18 gram carried out using a grant; and 

19 (5) an assessment of the results achieved by the 

20 program. 

21 (l) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $20,000,000 for each of fiscal years 2017 through 2020. 


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1 Subtitle H—Recycling 

2 SEC. 3701. RECYCLED CARBON FIBER. 

3 (a) STUDY.— 

4 (1) IN GENERAL.—The Secretary shall conduct 

5 a study on— 

6 (A) the technology of recycled carbon fiber 

7 and production waste carbon fiber; and 

8 (B) the potential lifecycle energy savings 

9 and economic impact of recycled carbon fiber. 

10 (2) FACTORS FOR CONSIDERATION.—In con11 ducting the study under paragraph (1), the Sec12 retary shall consider— 

13 (A) the quantity of recycled carbon fiber or 

14 production waste carbon fiber that would make 

15 the use of recycled carbon fiber or production 

16 waste carbon fiber economically viable; 

17 (B) any existing or potential barriers to re18 cycling carbon fiber or using recycled carbon 

19 fiber; 

20 (C) any financial incentives that may be 

21 necessary for the development of recycled car22 bon fiber or production waste carbon fiber; 

23 (D) the potential lifecycle savings in energy 

24 from producing recycled carbon fiber, as com25 pared to producing new carbon fiber; 


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1 (E) the best and highest use for recycled 

2 carbon fiber; 

3 (F) the potential reduction in carbon diox4 ide emissions from producing recycled carbon 

5 fiber, as compared to producing new carbon 

6 fiber; 

7 (G) any economic benefits gained from 

8 using recycled carbon fiber or production waste 

9 carbon fiber; 

10 (H) workforce training and skills needed to 

11 address labor demands in the development of 

12 recycled carbon fiber or production waste car13 bon fiber; and 

14 (I) how the Department can leverage exist15 ing efforts in the industry on the use of produc16 tion waste carbon fiber. 

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

18 date of enactment of this Act, the Secretary shall 

19 submit to Congress a report describing the results of 

20 the study conducted under paragraph (1). 

21 (b) RECYCLED CARBON FIBER DEMONSTRATION

22 PROJECT.—On completion of the study required under 

23 subsection (a)(1), the Secretary shall consult with the 

24 aviation and automotive industries and existing programs 


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1 of the Advanced Manufacturing Office of the Department 

2 to develop a carbon fiber recycling demonstration project. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary to carry 

5 out this section $10,000,000, to remain available until ex6 pended. 

7 SEC. 3702. ENERGY GENERATION AND REGULATORY RE8 LIEF STUDY REGARDING RECOVERY AND 

9 CONVERSION OF NONRECYCLED MIXED 

10 PLASTICS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ENGINEERED FUEL.—The term ‘‘engi13 neered fuel’’ means a solid fuel that is manufactured 

14 from nonrecycled constituents of municipal solid 

15 waste or other secondary materials. 

16 (2) GASIFICATION.—The term ‘‘gasification’’ 

17 means a process through which nonrecycled waste is 

18 heated and converted to synthesis gas in an oxygen19 deficient atmosphere, which can be converted into 

20 fuels such as ethanol or other chemical feedstocks. 

21 (3) PYROLYSIS.—The term ‘‘pyrolysis’’ means a 

22 process through which nonrecycled plastics are heat23 ed in the absence of oxygen until melted and ther24 mally decomposed, and are then cooled, condensed, 

25 and converted into synthetic crude oil or refined into 


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1 synthetic fuels and feedstocks such as diesel or 

2 naphtha. 

3 (b) STUDY.—With respect to nonrecycled mixed plas4 tics that are part of municipal solid waste or other sec5 ondary materials in the United States (and are often de6 posited in landfills), the Secretary shall conduct a study 

7 to determine the manner in which the United States can 

8 make progress toward a cost-effective system (including 

9 with respect to environmental issues) through which pyrol10 ysis, gasification, and other innovative technologies such 

11 as engineered fuels are used to convert such plastics, alone 

12 or in combination with other municipal solid waste or sec13 ondary materials, into materials that can be used to gen14 erate electric energy or fuels or as chemical feedstocks. 

15 (c) COMPLETION OF STUDY.—Not later than 2 years 

16 after the date of enactment of this Act, the Secretary shall 

17 complete the study described in subsection (b) and submit 

18 to the appropriate committees of Congress reports pro19 viding findings and recommendations developed through 

20 the study. 

21 (d) FUNDING.—The Secretary may use unobligated 

22 funds of the Department to carry out this section. 

23 SEC. 3703. ELIGIBLE PROJECTS. 

24 Section 1703(b)(1) of the Energy Policy Act of 2005 

25 (42 U.S.C. 16513(b)(1)) is amended by inserting ‘‘(exVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 cluding the burning of commonly recycled paper that has 

2 been segregated from solid waste to generate electricity)’’ 

3 after ‘‘systems’’. 

4 TITLE IV—ACCOUNTABILITY 

5 Subtitle A—Loan Programs 

6 SEC. 4001. TERMS AND CONDITIONS FOR INCENTIVES FOR 

7 INNOVATIVE TECHNOLOGIES. 

8 (a) BORROWER PAYMENT OF SUBSIDY COST.— 

9 (1) IN GENERAL.—Section 1702 of the Energy 

10 Policy Act of 2005 (42 U.S.C. 16512) is amended 

11 by adding at the end the following: 

12 ‘‘(l) BORROWER PAYMENT OF SUBSIDY COST.— 

13 ‘‘(1) IN GENERAL.—In addition to the require14 ment in subsection (b)(1), no guarantee shall be 

15 made unless the Secretary has received from the 

16 borrower not less than 25 percent of the cost of the 

17 guarantee. 

18 ‘‘(2) ESTIMATE.—The Secretary shall provide 

19 to the borrower, as soon as practicable, an estimate 

20 or range of the cost of the guarantee under para21 graph (1).’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 1702(b) of the Energy Policy Act of 2005 (42 

24 U.S.C. 16512(b)) is amended— 


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1 (A) by striking ‘‘(1) IN GENERAL.—No 

2 guarantee’’ and inserting the following: ‘‘Sub3 ject to subsection (l), no guarantee’’; 

4 (B) by redesignating subparagraphs (A), 

5 (B), and (C) as paragraphs (1), (2), and (3), 

6 respectively, and indenting appropriately; and 

7 (C) in paragraph (3) (as so redesig8 nated)— 

9 (i) by striking ‘‘subparagraph (A)’’ 

10 and inserting ‘‘paragraph (1)’’; and 

11 (ii) by striking ‘‘subparagraph (B)’’ 

12 and inserting ‘‘paragraph (2)’’. 

13 (b) PROHIBITION ON SUBORDINATION OF DEBT.— 

14 Section 1702(d)(3) of the Energy Policy Act of 2005 (42 

15 U.S.C. 16512(d)(3)) is amended by striking ‘‘is not subor16 dinate’’ and inserting ‘‘(including any reorganization, re17 structuring, or termination of the obligation) shall not at 

18 any time be subordinate’’. 

19 (c) LOAN PROGRAM TRANSPARENCY.—Section 1703 

20 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is 

21 amended by adding at the end the following: 

22 ‘‘(f) LOAN STATUS.— 

23 ‘‘(1) REQUEST.—If the Secretary does not 

24 make a final decision on an application for a loan 

25 guarantee under this section by the date that is 270 


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1 days after receipt of the application by the Sec2 retary, on that date and every 90 days thereafter 

3 until the final decision is made, the applicant may 

4 request that the Secretary provide to the applicant 

5 a description of the status of the application. 

6 ‘‘(2) RESPONSE.—Not later than 10 days after 

7 receiving a request from an applicant under para8 graph (1), the Secretary shall provide to the appli9 cant a response that includes— 

10 ‘‘(A) a summary of any factors that are 

11 delaying a final decision on the application; and 

12 ‘‘(B) an estimate of when review of the ap13 plication will be completed.’’. 

14 (d) TEMPORARY PROGRAM FOR RAPID DEPLOYMENT

15 OF RENEWABLE ENERGY AND ELECTRIC POWER TRANS16 MISSION PROJECTS.— 

17 (1) REPEAL.—Section 1705 of the Energy Pol18 icy Act of 2005 (42 U.S.C. 16516) is repealed. 

19 (2) RESCISSION.—There is rescinded the unob20 ligated balance of amounts made available to carry 

21 out the loan guarantee program established under 

22 section 1705 of the Energy Policy Act of 2005 (42 

23 U.S.C. 16516) (before the amendment made by 

24 paragraph (1)). 


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1 (3) MANAGEMENT.—The Secretary shall ensure 

2 rigorous continued management and oversight of all 

3 outstanding loans guaranteed under the program de4 scribed in subsection (b) until those loans have been 

5 repaid in full. 

6 SEC. 4002. STATE LOAN ELIGIBILITY. 

7 (a) DEFINITIONS.—Section 1701 of the Energy Pol8 icy Act of 2005 (42 U.S.C. 16511) is amended by adding 

9 at the end the following: 

10 ‘‘(6) STATE.—The term ‘State’ has the mean11 ing given the term in section 202 of the Energy 

12 Conservation and Production Act (42 U.S.C. 6802). 

13 ‘‘(7) STATE ENERGY FINANCING INSTITU14 TION.— 

15 ‘‘(A) IN GENERAL.—The term ‘State en16 ergy financing institution’ means a quasi-inde17 pendent entity or an entity within a State agen18 cy or financing authority established by a 

19 State— 

20 ‘‘(i) to provide financing support or 

21 credit enhancements, including loan guar22 antees and loan loss reserves, for eligible 

23 projects; and 

24 ‘‘(ii) to create liquid markets for eligi25 ble projects, including warehousing and 


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1 securitization, or take other steps to reduce 

2 financial barriers to the deployment of ex3 isting and new eligible projects. 

4 ‘‘(B) INCLUSION.—The term ‘State energy 

5 financing institution’ includes an entity or orga6 nization established to achieve the purposes de7 scribed in clauses (i) and (ii) of subparagraph 

8 (A) by an Indian tribal entity or an Alaska Na9 tive Corporation.’’. 

10 (b) TERMS AND CONDITIONS.—Section 1702 of the 

11 Energy Policy Act of 2005 (42 U.S.C. 16512) (as amend12 ed by section 4001(a)(1)) is amended— 

13 (1) in subsection (a), by inserting ‘‘or to a 

14 State energy financing institution’’ after ‘‘for 

15 projects’’; and 

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

17 ‘‘(m) STATE ENERGY FINANCING INSTITUTIONS.— 

18 ‘‘(1) ELIGIBILITY.—To be eligible for a guar19 antee under this title, a State energy financing insti20 tution— 

21 ‘‘(A) shall meet the requirements of section 

22 1703(a)(1); and 

23 ‘‘(B) shall not be required to meet the re24 quirements of section 1703(a)(2). 


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1 ‘‘(2) PARTNERSHIPS AUTHORIZED.—In car2 rying out a project receiving a loan guarantee under 

3 this title, State energy financing institutions may 

4 enter into partnerships with private entities, tribal 

5 entities, and Alaska Native corporations.’’. 

6 SEC. 4003. GAO STUDY ON FOSSIL LOAN GUARANTEE IN7 CENTIVE PROGRAM. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Comptroller General 

10 of the United States shall carry out, and submit to Con11 gress a report describing the results of, a study on the 

12 effectiveness of the advanced fossil loan guarantee incen13 tive program and other incentive programs for advanced 

14 fossil energy of the Department. 

15 (b) CONTENTS.—In carrying out the study under 

16 subsection (a), the Comptroller General of the United 

17 States shall— 

18 (1) solicit industry and stakeholder input; 

19 (2) evaluate the effectiveness of the advanced 

20 fossil loan guarantee incentive program, alone or in 

21 combination with other incentives, in advancing car22 bon capture and storage technology; 

23 (3) review each Federal incentive provided by 

24 the Department and other Federal agencies for car25 bon capture and storage demonstration projects to 


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1 determine the adequacy and effectiveness of the 

2 combined Federal incentives in advancing carbon 

3 capture and storage and advanced fossil energy tech4 nologies; 

5 (4) assess whether combinations of the incentive 

6 programs in existence as of the date of enactment of 

7 this Act could be effective to advance carbon capture 

8 and storage and advanced fossil energy technologies; 

9 and 

10 (5) evaluate the impact and costs of imple11 menting the recommendations described in the Jan12 uary 2015 National Coal Council report entitled 

13 ‘‘Fossil Forward: Revitalizing CCS, Bringing Scale 

14 and Speed to CCS Deployment’’ on the effectiveness 

15 of the advanced fossil loan guarantee program. 

16 SEC. 4004. PROGRAM ELIGIBILITY FOR VESSELS. 

17 Subtitle B of title I of the Energy Independence and 

18 Security Act of 2007 (42 U.S.C. 17011 et seq.) is amend19 ed by adding at the end the following: 

20 ‘‘SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFAC21 TURING INCENTIVE PROGRAM ELIGIBILITY 

22 FOR VESSELS. 

23 ‘‘(a) DEFINITION OF VESSEL.—In this section, the 

24 term ‘vessel’ means a vessel (as defined in section 3 of 

25 title 1, United States Code), whether in existence or under 


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1 construction, that has been issued a certificate of docu2 mentation as a United States flagged vessel under chapter 

3 121 of title 46, United States Code and that meets the 

4 standards established under section 4005(a) of the Energy 

5 Policy Modernization Act of 2015. 

6 ‘‘(b) ELIGIBILITY.—Subject to the terms and condi7 tions of subsections (d) and (f) of section 136, projects 

8 for the reequipping, expanding, or establishing of a manu9 facturing facility in the United States to produce vessels 

10 shall be considered eligible for direct loans under section 

11 136(d). 

12 ‘‘(c) FUNDING.— 

13 ‘‘(1) PROHIBITION ON USE OF EXISTING CRED14 IT SUBSIDY.—None of the projects made eligible 

15 under this section shall be eligible to receive any 

16 credit subsidy provided under section 136 before the 

17 date of enactment of this section. 

18 ‘‘(2) SPECIFIC APPROPRIATION OR CONTRIBU19 TION.—The authority under this section to incur in20 debtedness, or enter into contracts, obligating 

21 amounts to be expended by the Federal Government 

22 shall be effective for any fiscal year only— 

23 ‘‘(A)(i) to such extent or in such amounts 

24 as are provided in advance by appropriation 

25 Acts; and 


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1 ‘‘(ii) if the borrower has agreed to pay a 

2 reasonable percentage of the cost of the obliga3 tion; or 

4 ‘‘(B) if the Secretary has received from the 

5 borrower a payment in full for the cost of the 

6 obligation and deposited the payment into the 

7 Treasury.’’. 

8 SEC. 4005. ADDITIONAL REFORMS. 

9 (a) ISSUANCE OF RULE.—Not later than 180 days 

10 after the date of enactment of this Act and after consulta11 tion with, and taking into account comments from, the 

12 vessel industry, the Secretary shall issue a rule that speci13 fies which energy efficiency improvement standards shall 

14 apply to applicants for loans under section 137 of the En15 ergy Independence and Security Act of 2007 (as added 

16 by section 4004) for the manufacturing, retrofitting, or 

17 repowering vessels that have been issued certificates of 

18 documentation as United States flagged vessels under 

19 chapter 121 of title 46, United States Code. 

20 (b) FEES.—Section 136 of the Energy Independence 

21 and Security Act of 2007 (42 U.S.C. 17013) is amended 

22 by striking subsection (f) and inserting the following: 

23 ‘‘(f) FEES.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall charge 

25 and collect fees for loans provided under this section 


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1 in amounts that the Secretary determines are suffi2 cient to cover applicable administrative expenses as3 sociated with the loans, including reasonable closing 

4 fees on the loans. 

5 ‘‘(2) AVAILABILITY.—Fees collected under 

6 paragraph (1) shall— 

7 ‘‘(A) be deposited by the Secretary into the 

8 Treasury; and 

9 ‘‘(B) remain available until expended, sub10 ject to such other conditions as are contained in 

11 annual appropriations Acts.’’. 

12 SEC. 4006. DEPARTMENT OF ENERGY INDIAN ENERGY EDU13 CATION PLANNING AND MANAGEMENT AS14 SISTANCE PROGRAM. 

15 Section 2602(b)(6) of the Energy Policy Act of 1992 

16 (25 U.S.C. 3502(b)(6)) is amended by striking ‘‘2016’’ 

17 and inserting ‘‘2026’’. 

18 Subtitle B—Energy-Water Nexus 

19 SEC. 4101. NEXUS OF ENERGY AND WATER FOR SUSTAIN20 ABILITY. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ENERGY-WATER NEXUS.—The term ‘‘en23 ergy-water nexus’’ means the links between— 

24 (A) the water needed to produce fuels, 

25 electricity, and other forms of energy; and 


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1 (B) the energy needed to transport, re2 claim, and treat water and wastewater. 

3 (2) INTERAGENCY COORDINATION COM4 MITTEE.—The term ‘‘Interagency Coordination 

5 Committee’’ means the Committee on the Nexus of 

6 Energy and Water for Sustainability (or the 

7 ‘‘NEWS Committee’’) established under subsection 

8 (b)(1). 

9 (3) NEXUS OF ENERGY AND WATER SUSTAIN10 ABILITY OFFICE; NEWS OFFICE.—The term ‘‘Nexus 

11 of Energy and Water Sustainability Office’’ or the 

12 ‘‘NEWS Office’’ means an office located at the De13 partment and managed in cooperation with the De14 partment of the Interior pursuant to an agreement 

15 between the 2 agencies to carry out leadership and 

16 administrative functions for the Interagency Coordi17 nation Committee. 

18 (4) RD&D ACTIVITIES.—The term ‘‘RD&D ac19 tivities’’ means research, development, and dem20 onstration activities. 

21 (b) INTERAGENCY COORDINATION COMMITTEE.— 

22 (1) ESTABLISHMENT.—Not later than 180 days 

23 after the date of enactment of this Act, the Sec24 retary and the Secretary of the Interior shall estab25 lish the joint NEWS Office and Interagency CoordiVerDate Sep 11 2014 00:07 Sep 10, 2015 Jkt 049200 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\S2012.PCS S2012

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1 nation Committee on the Nexus of Energy and 

2 Water for Sustainability (or the ‘‘NEWS Com3 mittee’’) to carry out the duties described in para4 graph (3). 

5 (2) ADMINISTRATION.— 

6 (A) CHAIRS.—The Secretary and the Sec7 retary of the Interior shall jointly manage the 

8 NEWS Office and serve as co-chairs of the 

9 Interagency Coordination Committee. 

10 (B) MEMBERSHIP; STAFFING.—Member11 ship and staffing shall be determined by the co12 chairs. 

13 (3) DUTIES.—The Interagency Coordination 

14 Committee shall— 

15 (A) serve as a forum for developing com16 mon Federal goals and plans on energy-water 

17 nexus RD&D activities in coordination with the 

18 National Science and Technology Council; 

19 (B) not later than 1 year after the date of 

20 enactment of this Act, and biannually there21 after, issue a strategic plan on energy-water 

22 nexus RD&D activities priorities and objectives; 

23 (C) convene and promote coordination of 

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1 cies on energy-water nexus RD&D activities, in2 cluding the activities of— 

3 (i) the Department; 

4 (ii) the Department of the Interior; 

5 (iii) the Corps of Engineers; 

6 (iv) the Department of Agriculture; 

7 (v) the Department of Defense; 

8 (vi) the Department of State; 

9 (vii) the Environmental Protection 

10 Agency; 

11 (viii) the Council on Environmental 

12 Quality; 

13 (ix) the National Institute of Stand14 ards and Technology; 

15 (x) the National Oceanic and Atmos16 pheric Administration; 

17 (xi) the National Science Foundation; 

18 (xii) the Office of Management and 

19 Budget; 

20 (xiii) the Office of Science and Tech21 nology Policy; 

22 (xiv) the National Aeronautics and 

23 Space Administration; and 


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1 (xv) such other Federal departments 

2 and agencies as the Interagency Coordina3 tion Committee considers appropriate; 

4 (D)(i) coordinate and develop capabilities 

5 and methodologies for data collection, manage6 ment, and dissemination of information related 

7 to energy-water nexus RD&D activities from 

8 and to other Federal departments and agencies; 

9 and 

10 (ii) promote information exchange between 

11 Federal departments and agencies— 

12 (I) to identify and document Federal 

13 and non-Federal programs and funding op14 portunities that support basic and applied 

15 research, development, and demonstration 

16 proposals to advance energy-water nexus 

17 related science and technologies; 

18 (II) to leverage existing programs by 

19 encouraging joint solicitations, block 

20 grants, and matching programs with non21 Federal entities; and 

22 (III) to identify opportunities for do23 mestic and international public-private 

24 partnerships, innovative financing mecha25 nisms, information and data exchange; 


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1 (E) promote the integration of energy2 water nexus considerations into existing Federal 

3 water, energy, and other natural resource, in4 frastructure, and science programs at the na5 tional and regional levels and with programs 

6 administered in partnership with non-Federal 

7 entities; and 

8 (F) not later than 1 year after the date of 

9 enactment of this Act, issue a report on the po10 tential benefits and feasibility of establishing an 

11 energy-water center of excellence within the Na12 tional Laboratories (as that term is defined in 

13 section 2 of the Energy Policy Act of 2005 (42 

14 U.S.C. 15801)). 

15 (4) NO REGULATION.—Nothing in this sub16 section grants to the Interagency Coordination Com17 mittee the authority to promulgate regulations or set 

18 standards. 

19 (5) REVIEW; REPORT.—At the end of the 5- 

20 year period beginning on the date on which the 

21 Interagency Coordination Committee and NEWS Of22 fice are established, the NEWS Office shall— 

23 (A) review the activities, relevance, and ef24 fectiveness of the Interagency Coordination 

25 Committee; and 


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1 (B) submit to the Committee on Energy 

2 and Natural Resources of the Senate and the 

3 Committees on Science, Space, and Technology, 

4 Energy and Commerce, and Natural Resources 

5 of the House of Representatives a report that— 

6 (i) describes the results of the review 

7 conducted under subparagraph (A); and 

8 (ii) includes a recommendation on 

9 whether the Interagency Coordination 

10 Committee should continue. 

11 (c) CROSSCUT BUDGET.—Not later than 30 days 

12 after the President submits the budget of the United 

13 States Government under section 1105 of title 31, United 

14 States Code, the co-chairs of the Interagency Coordination 

15 Committee (acting through the NEWS Office) shall sub16 mit to the Committee on Energy and Natural Resources 

17 of the Senate and the Committees on Science, Space, and 

18 Technology, Energy and Commerce, and Natural Re19 sources of the House of Representatives, an interagency 

20 budget crosscut report that displays at the program-, 

21 project-, and activity-level for each of the Federal agencies 

22 that carry out or support (including through grants, con23 tracts, interagency and intraagency transfers, and 

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1 tivities to advance the energy-water nexus related science 

2 and technologies— 

3 (1) the budget proposed in the budget request 

4 of the President for the upcoming fiscal year; 

5 (2) expenditures and obligations for the prior 

6 fiscal year; and 

7 (3) estimated expenditures and obligations for 

8 the current fiscal year. 

9 SEC. 4102. SMART ENERGY AND WATER EFFICIENCY PILOT 

10 PROGRAM. 

11 Subtitle A of title IX of the Energy Policy Act of 

12 2005 (42 U.S.C. 16191 et seq.) is amended by adding at 

13 the end the following: 

14 ‘‘SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT 

15 PROGRAM. 

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

17 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en18 tity’ means— 

19 ‘‘(A) a utility; 

20 ‘‘(B) a municipality; 

21 ‘‘(C) a water district; 

22 ‘‘(D) an Indian tribe or Alaska Native vil23 lage; and 

24 ‘‘(E) any other authority that provides 

25 water, wastewater, or water reuse services. 


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1 ‘‘(2) SMART ENERGY AND WATER EFFICIENCY

2 PILOT PROGRAM.—The term ‘smart energy and 

3 water efficiency pilot program’ or ‘pilot program’ 

4 means the pilot program established under sub5 section (b). 

6 ‘‘(b) SMART ENERGY AND WATER EFFICIENCY

7 PILOT PROGRAM.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish and carry out a smart energy and water effi10 ciency pilot program in accordance with this section. 

11 ‘‘(2) PURPOSE.—The purpose of the smart en12 ergy and water efficiency pilot program is to award 

13 grants to eligible entities to demonstrate unique, ad14 vanced, or innovative technology-based solutions that 

15 will— 

16 ‘‘(A) increase the energy efficiency of 

17 water, wastewater, and water reuse systems; 

18 ‘‘(B) improve energy efficiency of water, 

19 wastewater, and water reuse systems to help 

20 communities across the United States make 

21 measurable progress in conserving water, saving 

22 energy, and reducing costs; 

23 ‘‘(C) support the implementation of inno24 vative and unique processes and the installation 


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1 of established advanced automated systems that 

2 provide real-time data on energy and water; and 

3 ‘‘(D) improve energy-water conservation 

4 and quality and predictive maintenance through 

5 technologies that utilize internet connected 

6 technologies, including sensors, intelligent gate7 ways, and security embedded in hardware. 

8 ‘‘(3) PROJECT SELECTION.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 make competitive, merit-reviewed grants under 

11 the pilot program to not less than 3, but not 

12 more than 5, eligible entities. 

13 ‘‘(B) SELECTION CRITERIA.—In selecting 

14 an eligible entity to receive a grant under the 

15 pilot program, the Secretary shall consider— 

16 ‘‘(i) energy and cost savings; 

17 ‘‘(ii) the uniqueness, commercial via18 bility, and reliability of the technology to 

19 be used; 

20 ‘‘(iii) the degree to which the project 

21 integrates next-generation sensors soft22 ware, analytics, and management tools; 

23 ‘‘(iv) the anticipated cost-effectiveness 

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1 ergy efficiency savings, water savings or 

2 reuse, and infrastructure costs averted; 

3 ‘‘(v) whether the technology can be 

4 deployed in a variety of geographic regions 

5 and the degree to which the technology can 

6 be implemented in a wide range of applica7 tions ranging in scale from small towns to 

8 large cities, including tribal communities; 

9 ‘‘(vi) whether the technology has been 

10 successfully deployed elsewhere; 

11 ‘‘(vii) whether the technology was 

12 sourced from a manufacturer based in the 

13 United States; and 

14 ‘‘(viii) whether the project will be 

15 completed in 5 years or less. 

16 ‘‘(C) APPLICATIONS.— 

17 ‘‘(i) IN GENERAL.—Subject to clause 

18 (ii), an eligible entity seeking a grant 

19 under the pilot program shall submit to 

20 the Secretary an application at such time, 

21 in such manner, and containing such infor22 mation as the Secretary determines to be 

23 necessary. 


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1 ‘‘(ii) CONTENTS.—An application 

2 under clause (i) shall, at a minimum, in3 clude— 

4 ‘‘(I) a description of the project; 

5 ‘‘(II) a description of the tech6 nology to be used in the project; 

7 ‘‘(III) the anticipated results, in8 cluding energy and water savings, of 

9 the project; 

10 ‘‘(IV) a comprehensive budget for 

11 the project; 

12 ‘‘(V) the names of the project 

13 lead organization and any partners; 

14 ‘‘(VI) the number of users to be 

15 served by the project; 

16 ‘‘(VII) a description of the ways 

17 in which the proposal would meet per18 formance measures established by the 

19 Secretary; and 

20 ‘‘(VIII) any other information 

21 that the Secretary determines to be 

22 necessary to complete the review and 

23 selection of a grant recipient. 

24 ‘‘(4) ADMINISTRATION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 300 

2 days after the date of enactment of this section, 

3 the Secretary shall select grant recipients under 

4 this section. 

5 ‘‘(B) EVALUATIONS.— 

6 ‘‘(i) ANNUAL EVALUATIONS.—The 

7 Secretary shall annually carry out an eval8 uation of each project for which a grant is 

9 provided under this section that meets per10 formance measures and benchmarks devel11 oped by the Secretary, consistent with the 

12 purposes of this section. 

13 ‘‘(ii) REQUIREMENTS.—Consistent 

14 with the performance measures and bench15 marks developed under clause (i), in car16 rying out an evaluation under that clause, 

17 the Secretary shall — 

18 ‘‘(I) evaluate the progress and 

19 impact of the project; and 

20 ‘‘(II) assesses the degree to 

21 which the project is meeting the goals 

22 of the pilot program. 

23 ‘‘(C) TECHNICAL AND POLICY ASSIST24 ANCE.—On the request of a grant recipient, the 


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1 Secretary shall provide technical and policy as2 sistance. 

3 ‘‘(D) BEST PRACTICES.—The Secretary 

4 shall make available to the public through the 

5 Internet and other means the Secretary con6 siders to be appropriate— 

7 ‘‘(i) a copy of each evaluation carried 

8 out under subparagraph (B); and 

9 ‘‘(ii) a description of any best prac10 tices identified by the Secretary as a result 

11 of those evaluations. 

12 ‘‘(E) REPORT TO CONGRESS.—The Sec13 retary shall submit to Congress a report con14 taining the results of each evaluation carried 

15 out under subparagraph (B). 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to carry out this section 

18 $15,000,000, to remain available until expended.’’. 

19 Subtitle C—Innovation 

20 SEC. 4201. AMERICA COMPETES PROGRAMS. 

21 (a) BASIC RESEARCH.—Section 971(b) of the Energy 

22 Policy Act of 2005 (42 U.S.C. 16311(b)) is amended— 

23 (1) in paragraph (6), by striking ‘‘and’’ at the 

24 end; 


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1 (2) in paragraph (7), by striking the period at 

2 the end and inserting a semicolon; and 

3 (3) by adding at the end the following: 

4 ‘‘(8) $5,271,000,000 for fiscal year 2016; 

5 ‘‘(9) $5,485,000,000 for fiscal year 2017; 

6 ‘‘(10) $5,704,000,000 for fiscal year 2018; 

7 ‘‘(11) $5,932,000,000 for fiscal year 2019; and 

8 ‘‘(12) $6,178,000,000 for fiscal year 2020.’’. 

9 (b) ADVANCED RESEARCH PROJECTS AGENCY-EN10 ERGY.—Section 5012 of the America COMPETES Act 

11 (42 U.S.C. 16538) is amended— 

12 (1) in subsection (a)(3), by striking ‘‘subsection 

13 (n)(1)’’ and inserting ‘‘subsection (o)(1)’’; 

14 (2) in subsection (i), by striking paragraph (1) 

15 and inserting the following: 

16 ‘‘(1) IN GENERAL.—To the maximum extent 

17 practicable, the Director shall ensure that— 

18 ‘‘(A) the activities of ARPA–E are coordi19 nated with, and do not duplicate the efforts of, 

20 programs and laboratories within the Depart21 ment and other relevant research agencies; and 

22 ‘‘(B) ARPA–E does not provide funding 

23 for a project unless the prospective grantee 

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1 vate financing or indicates that the project is 

2 not independently commercially viable.’’; 

3 (3) by redesignating subsection (n) as sub4 section (o); 

5 (4) by inserting after subsection (m) the fol6 lowing: 

7 ‘‘(n) PROTECTION OF INFORMATION.—The following 

8 types of information collected by the ARPA–E from recipi9 ents of financial assistance awards shall be considered 

10 commercial and financial information obtained from a per11 son and privileged or confidential and not subject to dis12 closure under section 552(b)(4) of title 5, United States 

13 Code: 

14 ‘‘(1) Plans for commercialization of technologies 

15 developed under the award, including business plans, 

16 technology-to-market plans, market studies, and cost 

17 and performance models. 

18 ‘‘(2) Investments provided to an awardee from 

19 third parties (such as venture capital firms, hedge 

20 funds, and private equity firms), including amounts 

21 and the percentage of ownership of the awardee pro22 vided in return for the investments. 

23 ‘‘(3) Additional financial support that the 

24 awardee— 


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1 ‘‘(A) plans to or has invested into the tech2 nology developed under the award; or 

3 ‘‘(B) is seeking from third parties. 

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

5 products or services resulting from research con6 ducted under the award.’’; and 

7 (5) in subsection (o) (as redesignated by para8 graph (3))— 

9 (A) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by striking ‘‘paragraphs (4) 

12 and (5)’’ and inserting ‘‘paragraph (4)’’; 

13 (ii) in subparagraph (D), by striking 

14 ‘‘and’’ at the end; 

15 (iii) in subparagraph (E), by striking 

16 the period at the end and inserting a semi17 colon; and 

18 (iv) by adding at the end the fol19 lowing: 

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

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

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

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

24 and 


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1 ‘‘(J) $340,600,000 for fiscal year 2020 .’’; 

2 and 

3 (B) in paragraph (4)(B), by striking 

4 ‘‘(c)(2)(D)’’ and inserting ‘‘(c)(2)(C)’’. 

5 SEC. 4202. INCLUSION OF EARLY STAGE TECHNOLOGY 

6 DEMONSTRATION IN AUTHORIZED TECH7 NOLOGY TRANSFER ACTIVITIES. 

8 Section 1001 of the Energy Policy Act of 2005 (42 

9 U.S.C. 16391) is amended— 

10 (1) by redesignating subsection (g) as sub11 section (h); and 

12 (2) by inserting after subsection (f) the fol13 lowing: 

14 ‘‘(g) EARLY STAGE TECHNOLOGY DEMONSTRA15 TION.—The Secretary shall permit the directors of the Na16 tional Laboratories to use funds authorized to support 

17 technology transfer within the Department to carry out 

18 early stage and precommercial technology demonstration 

19 activities to remove technology barriers that limit private 

20 sector interest and demonstrate potential commercial ap21 plications of any research and technologies arising from 

22 National Laboratory activities.’’. 

23 SEC. 4203. SUPPORTING ACCESS OF SMALL BUSINESS CON24 CERNS TO NATIONAL LABORATORIES. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) NATIONAL LABORATORY.—The term ‘‘Na2 tional Laboratory’’ has the meaning given the term 

3 in section 2 of the Energy Policy Act of 2005 (42 

4 U.S.C. 15801). 

5 (2) SMALL BUSINESS CONCERN.—The term 

6 ‘‘small business concern’’ has the same meaning as 

7 in section 3 of the Small Business Act (15 U.S.C. 

8 632). 

9 (b) ACTIONS FOR INCREASED ACCESS AT NATIONAL

10 LABORATORIES FOR SMALL BUSINESS CONCERNS.—To 

11 promote the technology transfer of innovative energy tech12 nologies and enhance the competitiveness of the United 

13 States, the Secretary shall take such actions as are appro14 priate to facilitate access to the National Laboratories for 

15 small business concerns. 

16 (c) INFORMATION ON THE DOE WEBSITE RELATING

17 TO NATIONAL LABORATORY PROGRAMS AVAILABLE TO

18 SMALL BUSINESS CONCERNS.— 

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

20 after the date of enactment of this Act, the Sec21 retary, in coordination with the Directors of the Na22 tional Laboratories, shall— 

23 (A) publish in a consolidated manner on 

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1 lating to National Laboratory programs that 

2 are available to small business concerns; 

3 (B) provide for the information published 

4 under subparagraph (A) to be kept up-to-date; 

5 and 

6 (C) include in the information published 

7 under subparagraph (A), information on each 

8 available program under which small business 

9 concerns are eligible to enter into agreements to 

10 work with the National Laboratories. 

11 (2) COMPONENTS.—The information published 

12 on the Department website under paragraph (1) 

13 shall include— 

14 (A) a brief description of each agreement 

15 available to small business concerns to work 

16 with National Laboratories; 

17 (B) a step-by-step guide for completing 

18 agreements to work with National Laboratories; 

19 (C) best practices for working with Na20 tional Laboratories; 

21 (D) individual National Laboratory 

22 websites that provide information specific to 

23 technology transfer and working with small 

24 business concerns; 


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1 (E) links to funding opportunity announce2 ments, nonfinancial resources, and other pro3 grams available to small business concerns; and 

4 (F) any other information that the Sec5 retary determines to be appropriate. 

6 (3) ACCESSIBILITY.—The information published 

7 on the Department website under paragraph (1) 

8 shall be— 

9 (A) readily accessible and easily found on 

10 the Internet by the public and members and 

11 committees of Congress; and 

12 (B) presented in a searchable, machine13 readable format. 

14 (4) GUIDANCE.—The Secretary shall issue De15 partmental guidance to ensure that the information 

16 published on the Department website under para17 graph (1) is provided in a manner that presents a 

18 coherent picture of all National Laboratory pro19 grams that are relevant to small business concerns. 

20 SEC. 4204. MICROLAB TECHNOLOGY COMMERCIALIZATION. 

21 (a) DEFINITIONS.—In this section: 

22 (1) MICROLAB.—The term ‘‘microlab’’ means a 

23 small laboratory established by the Secretary under 

24 subsection (b). 


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1 (2) NATIONAL LABORATORY.—The term ‘‘na2 tional laboratory’’ means— 

3 (A) a National Laboratory, as defined in 

4 section 2 of the Energy Policy Act of 2005 (42 

5 U.S.C. 15801); and 

6 (B) a national security laboratory, as de7 fined in section 3281 of the National Nuclear 

8 Security Administration Act (50 U.S.C. 2471). 

9 (b) ESTABLISHMENT OF MICROLAB PROGRAM.— 

10 (1) IN GENERAL.—The Secretary, in collabora11 tion with the directors of national laboratories, may 

12 establish a microlab program under which the Sec13 retary establishes microlabs that are located in close 

14 proximity to national laboratories and that are ac15 cessible to the public for the purposes of— 

16 (A) enhancing collaboration with regional 

17 research groups, such as institutions of higher 

18 education and industry groups; 

19 (B) accelerating technology transfer from 

20 national laboratories to the marketplace; and 

21 (C) promoting regional workforce develop22 ment through science, technology, engineering, 

23 and mathematics (‘‘STEM’’) instruction and 

24 training. 


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1 (2) CRITERIA.—In determining the placement 

2 of microlabs under paragraph (1), the Secretary 

3 shall consider— 

4 (A) the commitment of a national labora5 tory to establishing a microlab; 

6 (B) the existence of a joint research insti7 tute or a new facility that— 

8 (i) is not on the main site of a na9 tional laboratory; 

10 (ii) is in close proximity to a national 

11 laboratory; and 

12 (iii) has the capability to house a 

13 microlab; 

14 (C) whether employees of a national lab15 oratory and persons from academia, industry, 

16 and government are available to be assigned to 

17 the microlab; and 

18 (D) cost-sharing or in-kind contributions 

19 from State and local governments and private 

20 industry. 

21 (3) TIMING.—If the Secretary, in collaboration 

22 with the directors of national laboratories, elects to 

23 establish a microlab program under this subsection, 

24 the Secretary, in collaboration with the directors of 

25 national laboratories, shall— 


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1 (A) not later than 60 days after the date 

2 of enactment of this Act, begin the process of 

3 determining the placement of microlabs under 

4 paragraph (1); and 

5 (B) not later than 180 days after the date 

6 of enactment of this Act, implement the 

7 microlab program under this subsection. 

8 (c) REPORTS.— 

9 (1) INITIAL REPORT.—Not later than 60 days 

10 after the date of implementation of the microlab pro11 gram under subsection (b), the Secretary shall sub12 mit to the Committee on Armed Services of the Sen13 ate, the Committee on Armed Services of the House 

14 of Representatives, the Committee on Energy and 

15 Natural Resources of the Senate, and the Committee 

16 on Science, Space, and Technology of the House of 

17 Representatives a report that provides an update on 

18 the implementation of the microlab program under 

19 subsection (b). 

20 (2) PROGRESS REPORT.—Not later than 1 year 

21 after the date of implementation of the microlab pro22 gram under subsection (b), the Secretary shall sub23 mit to the Committee on Armed Services of the Sen24 ate, the Committee on Armed Services of the House 

25 of Representatives, the Committee on Energy and 


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1 Natural Resources of the Senate, and the Committee 

2 on Science, Space, and Technology of the House of 

3 Representatives a report on the microlab program 

4 under subsection (b), including findings and rec5 ommendations of the Secretary. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated to carry out 

8 this Act $50,000,000 for fiscal year 2016. 

9 Subtitle D—Grid Reliability 

10 SEC. 4301. BULK-POWER SYSTEM RELIABILITY IMPACT 

11 STATEMENT. 

12 (a) RELIABILITY REPORTS.—Section 215(g) of the 

13 Federal Power Act (16 U.S.C. 824o(g)) is amended— 

14 (1) by striking ‘‘The ERO’’ and inserting the 

15 following: 

16 ‘‘(1) IN GENERAL.—The ERO’’; and 

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

18 ‘‘(2) REGIONAL ENTITIES.—Not later than 180 

19 days after the date of enactment of this paragraph 

20 and not less than every 3 years thereafter, each re21 gional entity shall submit to the appropriate commit22 tees of Congress and the Commission a report that 

23 describes, as of the date of the report— 


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1 ‘‘(A) the state of and prospects for the re2 liability of electricity within the geographic area 

3 covered by the regional entity; and 

4 ‘‘(B) the most significant risks to the reli5 ability of the bulk-power system that might 

6 arise or need to be monitored within the geo7 graphic area covered by the regional entity, in8 cluding risks from proposed or final Federal 

9 regulations.’’. 

10 (b) RELIABILITY IMPACT STATEMENT.—Section 215 

11 of the Federal Power Act (16 U.S.C. 824o) is amended 

12 by adding at the end the following: 

13 ‘‘(l) RELIABILITY IMPACT STATEMENT.— 

14 ‘‘(1) SOLICITATION BY COMMISSION.—Not later 

15 than 15 days after the date on which the head of a 

16 Federal agency proposes a major rule (as defined in 

17 section 804 of title 5, United States Code) that may 

18 significantly affect the reliable operation of the bulk19 power system, the Commission shall solicit from any 

20 applicable regional entity affected by the proposed 

21 rule a reliability impact statement with respect to 

22 the proposed rule. 

23 ‘‘(2) VOLUNTARY SUBMISSION BY REGIONAL

24 ENTITY.—A regional entity may prepare, on the ini25 tiative of the regional entity, a reliability impact 


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1 statement for any proposed major Federal rule that 

2 the regional entity determines would significantly af3 fect the reliable operation of the bulk-power system 

4 within the area covered by the regional entity. 

5 ‘‘(3) MULTIJURISDICTIONAL COORDINATION.— 

6 If a proposed rule subject to a reliability impact 

7 statement under paragraph (1) or (2) affects an 

8 area broader than the area covered by a single re9 gional entity, the ERO shall convene a committee of 

10 the affected regional entities to produce a single reli11 ability impact statement that demonstrates for each 

12 affected area the reliability impact of the proposed 

13 rule. 

14 ‘‘(4) REQUIREMENTS.—A reliability impact 

15 statement under paragraph (1) or (2) shall include 

16 a detailed statement on— 

17 ‘‘(A) the impact of the proposed rule on 

18 the reliable operation of the bulk-power system; 

19 ‘‘(B) any adverse effects on the reliable op20 eration of the bulk-power system if the pro21 posed rule was implemented; and 

22 ‘‘(C) alternatives to cure the identified ad23 verse reliability impacts, including, at the dis24 cretion of the regional entity, a no-action alter25 native. 


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1 ‘‘(5) SUBMISSION TO COMMISSION.—On comple2 tion of a reliability impact statement under para3 graph (1) or (2), the regional entity or a committee 

4 of affected regional entities convened under para5 graph (3) shall submit to the Commission the reli6 ability impact statement. 

7 ‘‘(6) TRANSMITTAL TO HEAD OF FEDERAL

8 AGENCY.—On receipt of a reliability impact state9 ment submitted to the Commission under paragraph 

10 (5), the Commission shall transmit to the head of 

11 the applicable Federal agency the reliability impact 

12 statement prepared under this subsection for inclu13 sion in the public record. 

14 ‘‘(7) INCLUSION OF DETAILED RESPONSE IN

15 FINAL RULE.—With respect to a final major rule 

16 subject to a reliability impact statement prepared 

17 under paragraph (1) or (2), the head of the Federal 

18 agency shall— 

19 ‘‘(A) consider the reliability impact state20 ment; 

21 ‘‘(B) give due weight to the technical ex22 pertise of the regional entity with respect to 

23 matters that are the subject of the reliability 

24 impact statement; and 


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1 ‘‘(C) include in the final rule a detailed re2 sponse to the reliability impact statement that 

3 reasonably addresses the detailed statements re4 quired under paragraph (4).’’. 

5 SEC. 4302. REPORT BY TRANSMISSION ORGANIZATIONS ON 

6 DIVERSITY OF SUPPLY. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELECTRIC GENERATING CAPACITY RE9 SOURCE.— 

10 (A) IN GENERAL.—The term ‘‘electric gen11 erating capacity resource’’ means an electric 

12 generating resource, as measured by the max13 imum load-carrying ability of the resource, ex14 clusive of station use and planned, unplanned, 

15 or other outage or derating subject to dispatch 

16 by the transmission organization to meet the re17 source adequacy needs of the systems operated 

18 by the transmission organization. 

19 (B) EFFECT.—The term ‘‘electric gener20 ating capacity resource’’ does not address non21 electric generating resources that are qualified 

22 as capacity resources in the tariffs of various 

23 transmission organizations as of the date of en24 actment of this Act. 


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1 (2) TRANSMISSION ORGANIZATION.—The term 

2 ‘‘transmission organization’’ has the meaning given 

3 the term in section 3 of the Federal Power Act (16 

4 U.S.C. 796). 

5 (b) REPORT.— 

6 (1) NOTICE.—Not later than 14 days after the 

7 date of enactment of this Act, the Commission (as 

8 the term is defined in section 3 of the Federal 

9 Power Act (16 U.S.C. 796)) shall submit to each 

10 transmission organization that has a tariff on file 

11 with the Commission that includes provisions ad12 dressing the procurement of electric generating ca13 pacity resources, a notice that the transmission or14 ganization is required to file with the Commission a 

15 report in accordance with paragraph (2). 

16 (2) REPORT.—Not later than 180 days after 

17 the date on which a transmission organization re18 ceives a notice under paragraph (1), the trans19 mission organization shall submit to the Commission 

20 a report that, to the maximum extent practicable— 

21 (A)(i) identifies electric generating capac22 ity resources that are available to the trans23 mission organization as of the date of the re24 port; and 


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1 (ii) describes the primary energy sources 

2 and operational characteristics of electric capac3 ity resources available, in the aggregate, to the 

4 transmission organization; 

5 (B) evaluates, using generally accepted 

6 metrics, the current operational performance, in 

7 the aggregate, of electric capacity resources; 

8 (C) identifies, for the aggregate of electric 

9 generating capacity resources available to the 

10 transmission organization— 

11 (i) over the short- and long-term peri12 ods in the planning cycle of the trans13 mission organization, reasonable projec14 tions concerning the operational and eco15 nomic risk profile of electric generating ca16 pacity resources; 

17 (ii) the projected future needs of the 

18 transmission organization for electric gen19 erating capacity resources; and 

20 (iii) the availability of transmission fa21 cilities and transmission support services 

22 necessary to provide for the transmission 

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1 (D) assesses whether and to what extent 

2 the market rules of the transmission organiza3 tion— 

4 (i) yield capacity auction clearing 

5 prices that promote necessary and prudent 

6 investment; 

7 (ii) yield energy market clearing 

8 prices that reflect the marginal cost of 

9 supply, taking into account transmission 

10 constraints and other factors needed to en11 sure reliable grid operation; 

12 (iii) produce meaningful price signals 

13 that clearly indicate where new supply and 

14 investment are needed; 

15 (iv) reduce uncertainty or instability 

16 resulting from changes to market rules, 

17 processes, or protocols; 

18 (v) promote transparency and commu19 nication by the market operator to market 

20 participants; 

21 (vi) support a diverse generation port22 folio and the availability of transmission 

23 facilities and transmission support services 

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1 tinuous supply of electricity for customers 

2 of the transmission organization at the 

3 proper voltage and frequency; and 

4 (vii) provide an enhanced opportunity 

5 for self-supply of electric generating capac6 ity resources by electric cooperatives, Fed7 eral power marketing agencies, and State 

8 utilities with a service obligation (as those 

9 terms are defined in section 217(a)) of the 

10 Federal Power Act (16 U.S.C. 824q(a))) in 

11 a manner that is consistent with tradi12 tional utility business models and does not 

13 unduly affect wholesale market prices. 

14 SEC. 4303. ACTIVITIES CARRIED OUT DURING AN AUTHOR15 IZATION DURING WAR OR EMERGENCY. 

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

17 824a(c)) is amended— 

18 (1) in the first sentence, by striking ‘‘(c) Dur19 ing’’ and inserting the following: 

20 ‘‘(c) AUTHORIZATION DURING WAR OR EMER21 GENCY.— 

22 ‘‘(1) IN GENERAL.—During’’; and 

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

24 ‘‘(2) NO LIABILITY.—Subject to paragraph (3), 

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1 section or under subsection 224(b)(1) shall not be 

2 liable for actions carried out in compliance with the 

3 order. 

4 ‘‘(3) EXCEPTIONS.—The waiver of liability 

5 under paragraph (2) shall not apply in a case of 

6 gross negligence or willful misconduct.’’. 

7 Subtitle E—Management 

8 SEC. 4401. FEDERAL LAND MANAGEMENT. 

9 (a) DEFINITIONS.—In this section: 

10 (1) CADASTRE.—The term ‘‘cadastre’’ means 

11 an inventory of buildings and other real property 

12 (including associated infrastructure such as roads 

13 and utility transmission lines and pipelines) located 

14 on land administered by the Secretary, which is de15 veloped through collecting, storing, retrieving, or dis16 seminating graphical or digital data and any infor17 mation related to the data, including surveys, maps, 

18 charts, images, and services. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (b) CADASTRE OF FEDERAL REAL PROPERTY.— 

22 (1) IN GENERAL.—The Secretary is author23 ized— 

24 (A) to develop and maintain a current and 

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1 eral land management activities for the Depart2 ment of the Interior; 

3 (B) to incorporate any related inventories 

4 of Federal real property, including any inven5 tories prepared under applicable land or re6 source management plans; and 

7 (C) to enter into discussions with other 

8 Federal agencies to make the cadastre available 

9 for use by the agency to support agency man10 agement activities. 

11 (2) COST-SHARING AGREEMENTS.— 

12 (A) IN GENERAL.—The Secretary may 

13 enter into cost-sharing agreements with other 

14 Federal agencies, and with States, Indian 

15 tribes, and local governments, to include any 

16 non-Federal land in a State in the cadastre. 

17 (B) COST SHARE.—The Federal share of 

18 any cost agreement described in subparagraph 

19 (A) shall not exceed 50 percent of the total cost 

20 to a State, Indian tribe, or local government for 

21 the development of the cadastre of non-Federal 

22 land. 

23 (3) CONSOLIDATION AND REPORT.—Not later 

24 than 180 days after the date of enactment of this 

25 Act, the Secretary shall submit to the Committee on 


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1 Energy and Natural Resources of the Senate and 

2 the Committee on Natural Resources of the House 

3 of Representatives a report on the real property in4 ventories or any components of any cadastre or re5 lated inventories that— 

6 (A) exist as of the date of enactment of 

7 this Act; 

8 (B) are authorized by law or conducted by 

9 the Secretary; and 

10 (C) are of sufficient accuracy to be in11 cluded in the cadastre authorized under para12 graph (1). 

13 (4) COORDINATION.—In carrying out this sub14 section, the Secretary shall— 

15 (A) participate (in accordance with section 

16 216 of the E–Government Act of 2002 (44 

17 U.S.C. 3501 note; Public Law 107–347)) in the 

18 establishment of such standards and common 

19 protocols as are necessary to ensure the inter20 operability of geospatial information pertaining 

21 to the cadastre for all users of the information; 

22 (B) coordinate with, seek assistance and 

23 cooperation of, and provide liaison to the Fed24 eral Geographic Data Committee pursuant to 

25 Office of Management and Budget Circular A– 


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1 16 and Executive Order 12906 (43 U.S.C. 

2 1457 note; relating to coordinating geographic 

3 data acquisition and access: the National Spa4 tial Data Infrastructure) for the implementa5 tion of and compliance with such standards as 

6 may be applicable to the cadastre; 

7 (C) make the cadastre interoperable with 

8 the Federal Real Property Profile established 

9 pursuant to Executive Order 13327 (40 U.S.C. 

10 121 note; relating to Federal real property 

11 asset management); 

12 (D) integrate with and leverage, to the 

13 maximum extent practicable, cadastre activities 

14 of units of State and local government; and 

15 (E) use contracts with the private sector, 

16 if practicable, to provide such products and 

17 services as are necessary to develop the cadas18 tre. 

19 (c) TRANSPARENCY AND PUBLIC ACCESS.—The Sec20 retary shall— 

21 (1) make the cadastre required under this sec22 tion publically available on the Internet in a graphi23 cally geoenabled and searchable format; and 

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1 vent the disclosure of the identity of any buildings 

2 or facilities, or information related to the buildings 

3 or facilities, if the disclosure would impair or jeop4 ardize the national security or homeland defense of 

5 the United States. 

6 (d) EFFECT.—Nothing in this section— 

7 (1) creates any substantive or procedural right 

8 or benefit; 

9 (2) authorizes any new surveying or mapping of 

10 Federal real property, except that a Federal agency 

11 may conduct a new survey to update the accuracy of 

12 the inventory data of the agency before storage on 

13 a cadaster; or 

14 (3) authorizes— 

15 (A) the evaluation of any real property 

16 owned by the United States for disposal; or 

17 (B) new appraisals or assessments of the 

18 value of— 

19 (i) real property; or 

20 (ii) cultural or archaeological re21 sources on any parcel of Federal land or 

22 other real property. 


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1 SEC. 4402. QUADRENNIAL ENERGY REVIEW. 

2 (a) IN GENERAL.—Section 801 of the Department of 

3 Energy Organization Act (42 U.S.C. 7321) is amended 

4 to read as follows: 

5 ‘‘SEC. 801. QUADRENNIAL ENERGY REVIEW. 

6 ‘‘(a) QUADRENNIAL ENERGY REVIEW TASK

7 FORCE.— 

8 ‘‘(1) ESTABLISHMENT.—The President shall es9 tablish a Quadrennial Energy Review Task Force 

10 (referred to in this section as the ‘Task Force’) to 

11 coordinate the Quadrennial Energy Review. 

12 ‘‘(2) COCHAIRPERSONS.—The President shall 

13 designate appropriate senior Federal Government of14 ficials to be cochairpersons of the Task Force. 

15 ‘‘(3) MEMBERSHIP.—The Task Force may be 

16 comprised of representatives at level I or II of the 

17 Executive Schedule of— 

18 ‘‘(A) the Department of Energy; 

19 ‘‘(B) the Department of Commerce; 

20 ‘‘(C) the Department of Defense; 

21 ‘‘(D) the Department of State; 

22 ‘‘(E) the Department of the Interior; 

23 ‘‘(F) the Department of Agriculture; 

24 ‘‘(G) the Department of the Treasury; 

25 ‘‘(H) the Department of Transportation; 


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1 ‘‘(I) the Department of Homeland Secu2 rity; 

3 ‘‘(J) the Office of Management and Budg4 et; 

5 ‘‘(K) the National Science Foundation; 

6 ‘‘(L) the Environmental Protection Agen7 cy; and 

8 ‘‘(M) such other Federal agencies, and en9 tities within the Executive Office of the Presi10 dent, as the President considers to be appro11 priate. 

12 ‘‘(b) CONDUCT OF REVIEW.— 

13 ‘‘(1) IN GENERAL.—Each Quadrennial Energy 

14 Review shall be conducted to— 

15 ‘‘(A) provide an integrated view of impor16 tant national energy objectives and Federal en17 ergy policy; and 

18 ‘‘(B) identify the maximum practicable 

19 alignment of research programs, incentives, reg20 ulations, and partnerships. 

21 ‘‘(2) ELEMENTS.—A Quadrennial Energy Re22 view shall— 

23 ‘‘(A) establish integrated, governmentwide 

24 national energy objectives in the context of eco25 nomic, environmental, and security priorities; 


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1 ‘‘(B) recommend coordinated actions 

2 across Federal agencies; 

3 ‘‘(C) assess and recommend priorities for 

4 research, development, and demonstration; 

5 ‘‘(D) provide a strong analytical base for 

6 Federal energy policy decisions; 

7 ‘‘(E) consider reasonable estimates of fu8 ture Federal budgetary resources when making 

9 recommendations; and 

10 ‘‘(F) be conducted with substantial input 

11 from— 

12 ‘‘(i) Congress; 

13 ‘‘(ii) the energy industry; 

14 ‘‘(iii) academia; 

15 ‘‘(iv) State, local, and tribal govern16 ments; 

17 ‘‘(v) nongovernmental organizations; 

18 and 

19 ‘‘(vi) the public. 

20 ‘‘(c) SUBMISSION OF QUADRENNIAL ENERGY RE21 VIEW TO CONGRESS.— 

22 ‘‘(1) IN GENERAL.—The President— 

23 ‘‘(A) shall publish and submit to Congress 

24 a report on the Quadrennial Energy Review 

25 once every 4 years; and 


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1 ‘‘(B) more frequently than once every 4 

2 years, as the President determines to be appro3 priate, may prepare and publish interim reports 

4 as part of the Quadrennial Energy Review. 

5 ‘‘(2) INCLUSIONS.—The reports described in 

6 paragraph (1) shall address or consider, as appro7 priate— 

8 ‘‘(A) an integrated view of short-term, in9 termediate-term, and long-term objectives for 

10 Federal energy policy in the context of eco11 nomic, environmental, and security priorities; 

12 ‘‘(B) potential executive actions (including 

13 programmatic, regulatory, and fiscal actions) 

14 and resource requirements— 

15 ‘‘(i) to achieve the objectives described 

16 in subparagraph (A); and 

17 ‘‘(ii) to be coordinated across multiple 

18 agencies; 

19 ‘‘(C) analysis of the existing and prospec20 tive roles of parties (including academia, indus21 try, consumers, the public, and Federal agen22 cies) in achieving the objectives described in 

23 subparagraph (A), including— 

24 ‘‘(i) an analysis by energy use sector, 

25 including— 


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1 ‘‘(I) commercial and residential 

2 buildings; 

3 ‘‘(II) the industrial sector; 

4 ‘‘(III) transportation; and 

5 ‘‘(IV) electric power; 

6 ‘‘(ii) requirements for invention, adop7 tion, development, and diffusion of energy 

8 technologies as they relate to each of the 

9 energy use sectors; and 

10 ‘‘(iii) other research that informs 

11 strategies to incentivize desired actions; 

12 ‘‘(D) assessment of policy options to in13 crease domestic energy supplies and energy effi14 ciency; 

15 ‘‘(E) evaluation of national and regional 

16 energy storage, transmission, and distribution 

17 requirements, including requirements for renew18 able energy; 

19 ‘‘(F) portfolio assessments that describe 

20 the optimal deployment of resources, including 

21 prioritizing financial resources for energy-rel22 evant programs; 

23 ‘‘(G) mapping of the linkages among basic 

24 research and applied programs, demonstration 


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1 programs, and other innovation mechanisms 

2 across the Federal agencies; 

3 ‘‘(H) identification of demonstration 

4 projects; 

5 ‘‘(I) identification of public and private 

6 funding needs for various energy technologies, 

7 systems, and infrastructure, including consider8 ation of public-private partnerships, loans, and 

9 loan guarantees; 

10 ‘‘(J) assessment of global competitors and 

11 an identification of programs that can be en12 hanced with international cooperation; 

13 ‘‘(K) identification of policy gaps that need 

14 to be filled to accelerate the adoption and diffu15 sion of energy technologies, including consider16 ation of— 

17 ‘‘(i) Federal tax policies; and 

18 ‘‘(ii) the role of Federal agencies as 

19 early adopters and purchasers of new en20 ergy technologies; 

21 ‘‘(L) priority listing for implementation of 

22 objectives and actions taking into account esti23 mated Federal budgetary resources; 

24 ‘‘(M) analysis of— 


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1 ‘‘(i) points of maximum leverage for 

2 policy intervention to achieve outcomes; 

3 and 

4 ‘‘(ii) areas of energy policy that can 

5 be most effective in meeting national goals 

6 for the energy sector; and 

7 ‘‘(N) recommendations for executive 

8 branch organization changes to facilitate the 

9 development and implementation of Federal en10 ergy policies. 

11 ‘‘(d) REPORT DEVELOPMENT.—The Secretary of En12 ergy shall provide such support for the Quadrennial En13 ergy Review with the necessary analytical, financial, and 

14 administrative support for the conduct of each Quadren15 nial Energy Review required under this section as may 

16 be requested by the cochairpersons designated under sub17 section (a)(2). 

18 ‘‘(e) COOPERATION.—The heads of applicable Fed19 eral agencies shall cooperate with the Secretary and pro20 vide such assistance, information, and resources as the 

21 Secretary may require to assist in carrying out this sec22 tion.’’. 

23 (b) TABLE OF CONTENTS AMENDMENT.—The item 

24 relating to section 801 in the table of contents of such 

25 Act is amended to read as follows: 

‘‘Sec. 801. Quadrennial Energy Review.’’. 


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1 (c) ADMINISTRATION.—Nothing in this section or an 

2 amendment made by this section supersedes, modifies, 

3 amends, or repeals any provision of Federal law not ex4 pressly superseded, modified, amended, or repealed by this 

5 section. 

6 SEC. 4403. STATE OVERSIGHT OF OIL AND GAS PROGRAMS. 

7 On request of the Governor of a State, the Secretary 

8 of the Interior shall establish a program under which the 

9 Director of the Bureau of Land Management shall enter 

10 into a memorandum of understanding with the State to 

11 consider the costs and benefits of consistent rules and 

12 processes for the measurement of oil and gas production 

13 activities, inspection of meters or other measurement 

14 methodologies, and other operational activities, as deter15 mined by the Secretary of the Interior. 

16 SEC. 4404. UNDER SECRETARY FOR SCIENCE AND ENERGY. 

17 (a) IN GENERAL.—Section 202(b) of the Department 

18 of Energy Organization Act (42 U.S.C. 7132(b)) is 

19 amended— 

20 (1) in paragraph (1), by striking ‘‘for Science’’ 

21 and inserting ‘‘for Science and Energy (referred to 

22 in this subsection as the ‘Under Secretary’)’’; 

23 (2) in paragraph (3), in the matter preceding 

24 subparagraph (A), by striking ‘‘for Science’’; and 

25 (3) in paragraph (4)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘for Science’’; 

3 (B) in subparagraph (F), by striking 

4 ‘‘and’’ at the end; 

5 (C) in subparagraph (G), by striking the 

6 period at the end and inserting a semicolon; 

7 and 

8 (D) by inserting after subparagraph (G) 

9 the following: 

10 ‘‘(H) establish appropriate linkages be11 tween offices under the jurisdiction of the 

12 Under Secretary; and 

13 ‘‘(I) perform such functions and duties as 

14 the Secretary shall prescribe, consistent with 

15 this section.’’. 

16 (b) CONFORMING AMENDMENT.—Section 641(h)(2) 

17 of the United States Energy Storage Competitiveness Act 

18 of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking 

19 ‘‘Under Secretary for Science’’ and inserting ‘‘Under Sec20 retary for Science and Energy’’. 


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1 Subtitle F—Markets 

2 SEC. 4501. ENHANCED INFORMATION ON CRITICAL ENERGY 

3 SUPPLIES. 

4 (a) IN GENERAL.—Section 205 of the Department of 

5 Energy Organization Act (42 U.S.C. 7135) is amended 

6 by adding at the end the following: 

7 ‘‘(n) COLLECTION OF INFORMATION ON CRITICAL

8 ENERGY SUPPLIES.— 

9 ‘‘(1) IN GENERAL.—To ensure transparency of 

10 information relating to energy infrastructure and 

11 product ownership in the United States and improve 

12 the ability to evaluate the energy security of the 

13 United States, the Administrator, in consultation 

14 with other Federal agencies (as necessary), shall— 

15 ‘‘(A) not later than 120 days after the date 

16 of enactment of this subsection, develop and 

17 provide notice of a plan to collect, in coopera18 tion with the Commodity Futures Trade Com19 mission, information identifying all oil inven20 tories, and other physical oil assets (including 

21 all petroleum-based products and the storage of 

22 such products in off-shore tankers), that are 

23 owned by the 50 largest traders of oil contracts 

24 (including derivative contracts), as determined 


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1 by the Commodity Futures Trade Commission; 

2 and 

3 ‘‘(B) not later than 90 days after the date 

4 on which notice is provided under subparagraph 

5 (A), implement the plan described in that sub6 paragraph. 

7 ‘‘(2) INFORMATION.—The plan required under 

8 paragraph (1) shall include a description of the plan 

9 of the Administrator for collecting company-specific 

10 data, including— 

11 ‘‘(A) volumes of product under ownership; 

12 and 

13 ‘‘(B) storage and transportation capacity 

14 (including owned and leased capacity). 

15 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA16 TION.—Section 12(f) of the Federal Energy Admin17 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

18 to information collected under this subsection. 

19 ‘‘(o) COLLECTION OF INFORMATION ON STORAGE

20 CAPACITY FOR OIL AND NATURAL GAS.— 

21 ‘‘(1) IN GENERAL.—Not later than 90 days 

22 after the date of enactment of this subsection, the 

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1 mercial storage capacity for oil and natural gas in 

2 the United States. 

3 ‘‘(2) UPDATES.—The Administrator shall up4 date annually the information required under para5 graph (1). 

6 ‘‘(3) PROTECTION OF PROPRIETARY INFORMA7 TION.—Section 12(f) of the Federal Energy Admin8 istration Act of 1974 (15 U.S.C. 771(f)) shall apply 

9 to information collected under this subsection. 

10 ‘‘(p) FINANCIAL MARKET ANALYSIS OFFICE.— 

11 ‘‘(1) ESTABLISHMENT.—There shall be within 

12 the Energy Information Administration a Financial 

13 Market Analysis Office. 

14 ‘‘(2) DUTIES.—The Office shall— 

15 ‘‘(A) be responsible for analysis of the fi16 nancial aspects of energy markets; 

17 ‘‘(B) review the reports required by section 

18 4503(c) of the Energy Policy Modernization Act 

19 of 2015 in advance of the submission of the re20 ports to Congress; and 

21 ‘‘(C) not later than 1 year after the date 

22 of enactment of this subsection— 

23 ‘‘(i) make recommendations to the 

24 Administrator of the Energy Information 

25 Administration that identify and quantify 


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1 any additional resources that are required 

2 to improve the ability of the Energy Infor3 mation Administration to more fully inte4 grate financial market information into the 

5 analyses and forecasts of the Energy Infor6 mation Administration, including the role 

7 of energy futures contracts, energy com8 modity swaps, and derivatives in price for9 mation for oil; 

10 ‘‘(ii) conduct a review of implications 

11 of policy changes (including changes in ex12 port or import policies) and changes in 

13 how crude oil and refined petroleum prod14 ucts are transported with respect to price 

15 formation of crude oil and refined petro16 leum products; and 

17 ‘‘(iii) notify the Committee on Energy 

18 and Natural Resources, and the Committee 

19 on Appropriations, of the Senate and the 

20 Committee on Energy and Commerce, and 

21 the Committee on Appropriations, of the 

22 House of Representatives of the rec23 ommendations described in clause (i). 

24 ‘‘(3) ANALYSES.—The Administrator of the En25 ergy Information Administration shall take analyses 


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1 by the Office into account in conducting analyses 

2 and forecasting of energy prices.’’. 

3 (b) CONFORMING AMENDMENT.—Section 645 of the 

4 Department of Energy Organization Act (42 U.S.C. 7255) 

5 is amended by inserting ‘‘(15 U.S.C. 3301 et seq.) and 

6 the Natural Gas Act (15 U.S.C. 717 et seq.)’’ after ‘‘Nat7 ural Gas Policy Act of 1978’’. 

8 SEC. 4502. WORKING GROUP ON ENERGY MARKETS. 

9 (a) ESTABLISHMENT.—There is established a Work10 ing Group on Energy Markets (referred to in this section 

11 as the ‘‘Working Group’’). 

12 (b) COMPOSITION.—The Working Group shall be 

13 composed of— 

14 (1) the Secretary; 

15 (2) the Secretary of the Treasury; 

16 (3) the Chairman of the Federal Energy Regu17 latory Commission; 

18 (4) the Chairman of Federal Trade Commis19 sion; 

20 (5) the Chairman of the Securities and Ex21 change Commission; 

22 (6) the Chairman of the Commodity Futures 

23 Trading Commission; and 

24 (7) the Administrator of the Energy Informa25 tion Administration. 


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1 (c) CHAIRPERSON.—The Secretary shall serve as the 

2 Chairperson of the Working Group. 

3 (d) COMPENSATION.—A member of the Working 

4 Group shall serve without additional compensation for the 

5 work of the member of the Working Group. 

6 (e) PURPOSE AND FUNCTION.—The Working Group 

7 shall— 

8 (1) investigate the effect of increased financial 

9 investment in energy commodities on energy prices 

10 and the energy security of the United States; 

11 (2) recommend to the President and Congress 

12 laws (including regulations) that may be needed to 

13 prevent excessive speculation in energy commodity 

14 markets in order to prevent or minimize the adverse 

15 impact of excessive speculation on energy prices on 

16 consumers and the economy of the United States; 

17 and 

18 (3) review energy security implications of devel19 opments in international energy markets. 

20 (f) ADMINISTRATION.—The Secretary shall provide 

21 the Working Group with such administrative and support 

22 services as may be necessary for the performance of the 

23 functions of the Working Group. 

24 (g) COOPERATION OF OTHER AGENCIES.—The heads 

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1 strumentalities shall, to the extent permitted by law, pro2 vide the Working Group with such information as the 

3 Working Group requires to carry out this section. 

4 (h) CONSULTATION.—The Working Group shall con5 sult, as appropriate, with representatives of the various 

6 exchanges, clearinghouses, self-regulatory bodies, other 

7 major market participants, consumers, and the general 

8 public. 

9 SEC. 4503. STUDY OF REGULATORY FRAMEWORK FOR EN10 ERGY MARKETS. 

11 (a) STUDY.—The Working Group shall conduct a 

12 study— 

13 (1) to identify the factors that affect the pricing 

14 of crude oil and refined petroleum products, includ15 ing an examination of the effects of market specula16 tion on prices; and 

17 (2) to review and assess— 

18 (A) existing statutory authorities relating 

19 to the oversight and regulation of markets crit20 ical to the energy security of the United States; 

21 and 

22 (B) the need for additional statutory au23 thority for the Federal Government to effec24 tively oversee and regulate markets critical to 

25 the energy security of the United States. 


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1 (b) ELEMENTS OF STUDY.—The study shall in2 clude— 

3 (1) an examination of price formation of crude 

4 oil and refined petroleum products; 

5 (2) an examination of relevant international 

6 regulatory regimes; and 

7 (3) an examination of the degree to which 

8 changes in energy market transparency, liquidity, 

9 and structure have influenced or driven abuse, ma10 nipulation, excessive speculation, or inefficient price 

11 formation. 

12 (c) REPORT AND RECOMMENDATIONS.—The Sec13 retary shall submit to the Committee on Energy and Nat14 ural Resources of the Senate and the Committee on En15 ergy and Commerce of the House of Representatives quar16 terly progress reports during the conduct of the study 

17 under this section, and a final report not later than 1 year 

18 after the date of enactment of this Act, that— 

19 (1) describes the results of the study; and 

20 (2) provides options and the recommendations 

21 of the Working Group for appropriate Federal co22 ordination of oversight and regulatory actions to en23 sure transparency of crude oil and refined petroleum 

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1 lection and analysis to be carried out by the Finan2 cial Market Analysis Office established by section 

3 205(p) of the Department of Energy Organization 

4 Act (42 U.S.C. 7135(p)). 

5 Subtitle G—Affordability 

6 SEC. 4601. E-PRIZE COMPETITION PILOT PROGRAM. 

7 Section 1008 of the Energy Policy Act of 2005 (42 

8 U.S.C. 16396) is amended by adding at the end the fol9 lowing: 

10 ‘‘(g) E-PRIZE COMPETITION PILOT PROGRAM.— 

11 ‘‘(1) DEFINITIONS.—In this section: 

12 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi13 ble entity’ means— 

14 ‘‘(i) a private sector for-profit or non15 profit entity; 

16 ‘‘(ii) a public-private partnership; or 

17 ‘‘(iii) a local, municipal, or tribal gov18 ernmental entity. 

19 ‘‘(B) HIGH-COST REGION.—The term 

20 ‘high-cost region’ means a region in which the 

21 average annual unsubsidized costs of electrical 

22 power retail rates or household space heating 

23 costs per square foot exceed 150 percent of the 

24 national average, as determined by the Sec25 retary. 


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1 ‘‘(2) E-PRIZE COMPETITION PILOT PROGRAM.— 

2 ‘‘(A) IN GENERAL.—The Secretary shall 

3 establish an e-prize competition or challenge 

4 pilot program to broadly implement sustainable 

5 community and regional energy solutions that 

6 seek to reduce energy costs through increased 

7 efficiency, conservation, and technology innova8 tion in high-cost regions. 

9 ‘‘(B) SELECTION.—In carrying out the 

10 pilot program under subparagraph (A), the Sec11 retary shall award a prize purse, in amounts to 

12 be determined by the Secretary, to each eligible 

13 entity selected through 1 or more of the fol14 lowing competitions or challenges: 

15 ‘‘(i) A point solution competition that 

16 rewards and spurs the development of solu17 tions for a particular, well-defined problem. 

18 ‘‘(ii) An exposition competition that 

19 helps identify and promote a broad range 

20 of ideas and practices that may not other21 wise attract attention, facilitating further 

22 development of the idea or practice by 

23 third parties. 

24 ‘‘(iii) A participation competition that 

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1 tion by encouraging contestants to change 

2 their behavior or develop new skills that 

3 may have beneficial effects during and 

4 after the competition. 

5 ‘‘(iv) Such other types of prizes or 

6 challenges as the Secretary, in consultation 

7 with relevant heads of Federal agencies, 

8 considers appropriate to stimulate innova9 tion that has the potential to advance the 

10 mission of the applicable Federal agency. 

11 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $10,000,000, to remain available 

14 until expended.’’. 

15 Subtitle H—Code Maintenance 

16 SEC. 4701. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES 

17 STUDY. 

18 (a) REPEAL.—Part I of title III of the Energy Policy 

19 and Conservation Act (42 U.S.C. 6373) is repealed. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Energy Policy and Conservation Act (Public 

22 Law 94–163; 89 Stat. 871) is amended— 

23 (1) by striking the item relating to part I of 

24 title III; and 

25 (2) by striking the item relating to section 385. 


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1 SEC. 4702. REPEAL OF METHANOL STUDY. 

2 Section 400EE of the Energy Policy and Conserva3 tion Act (42 U.S.C. 6374d) is amended— 

4 (1) by striking subsection (a); and 

5 (2) by redesignating subsections (b) and (c) as 

6 subsections (a) and (b), respectively. 

7 SEC. 4703. REPEAL OF AUTHORIZATION OF APPROPRIA8 TIONS PROVISION. 

9 (a) REPEAL.—Section 208 of the Energy Conserva10 tion and Production Act (42 U.S.C. 6808) is repealed. 

11 (b) CONFORMING AMENDMENT.—The table of con12 tents for the Energy Conservation and Production Act 

13 (Public Law 94–385; 90 Stat. 1126) is amended by strik14 ing the item relating to section 208. 

15 SEC. 4704. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY 

16 STANDARDS STUDY. 

17 (a) REPEAL.—Section 253 of the National Energy 

18 Conservation Policy Act (42 U.S.C. 8232) is repealed. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for the National Energy Conservation Policy Act 

21 (Public Law 95–619; 92 Stat. 3206) is amended by strik22 ing the item relating to section 253. 

23 SEC. 4705. REPEAL OF WEATHERIZATION STUDY. 

24 (a) REPEAL.—Section 254 of the National Energy 

25 Conservation Policy Act (42 U.S.C. 8233) is repealed. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the National Energy Conservation Policy Act 

3 (Public Law 95–619; 92 Stat. 3206) is amended by strik4 ing the item relating to section 254. 

5 SEC. 4706. REPEAL OF REPORT TO CONGRESS. 

6 (a) REPEAL.—Section 273 of the National Energy 

7 Conservation Policy Act (42 U.S.C. 8236b) is repealed. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents for the National Energy Conservation Policy Act 

10 (Public Law 95–619; 92 Stat. 3206) is amended by strik11 ing the item relating to section 273. 

12 SEC. 4707. REPEAL OF REPORT BY GENERAL SERVICES AD13 MINISTRATION. 

14 (a) REPEAL.—Section 154 of the Energy Policy Act 

15 of 1992 (42 U.S.C. 8262a) is repealed. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) The table of contents for the Energy Policy 

18 Act of 1992 (Public Law 102–486; 106 Stat. 2776) 

19 is amended by striking the item relating to section 

20 154. 

21 (2) Section 159 of the Energy Policy Act of 

22 1992 (42 U.S.C. 8262e) is amended by striking sub23 section (c). 


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1 SEC. 4708. REPEAL OF INTERGOVERNMENTAL ENERGY 

2 MANAGEMENT PLANNING AND COORDINA3 TION WORKSHOPS. 

4 (a) REPEAL.—Section 156 of the Energy Policy Act 

5 of 1992 (42 U.S.C. 8262b) is repealed. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for the Energy Policy Act of 1992 (Public Law 102– 

8 486; 106 Stat. 2776) is amended by striking the item re9 lating to section 156. 

10 SEC. 4709. REPEAL OF INSPECTOR GENERAL AUDIT SUR11 VEY AND PRESIDENT’S COUNCIL ON INTEG12 RITY AND EFFICIENCY REPORT TO CON13 GRESS. 

14 (a) REPEAL.—Section 160 of the Energy Policy Act 

15 of 1992 (42 U.S.C. 8262f) is amended by striking the sec16 tion designation and heading and all that follows through 

17 ‘‘(c) INSPECTOR GENERAL REVIEW.—Each Inspector 

18 General’’ and inserting the following: 

19 ‘‘SEC. 160. INSPECTOR GENERAL REVIEW. 

20 ‘‘Each Inspector General’’. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Energy Policy Act of 1992 (Public Law 102– 

23 486; 106 Stat. 2776) is amended by striking the item re24 lating to section 160 and inserting the following: 

‘‘Sec. 160. Inspector General review. ..................................................... ’’. 


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1 SEC. 4710. REPEAL OF PROCUREMENT AND IDENTIFICA2 TION OF ENERGY EFFICIENT PRODUCTS PRO3 GRAM. 

4 (a) REPEAL.—Section 161 of the Energy Policy Act 

5 of 1992 (42 U.S.C. 8262g) is repealed. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for the Energy Policy Act of 1992 (Public Law 102– 

8 486; 106 Stat. 2776) is amended by striking the item re9 lating to section 161. 

10 SEC. 4711. REPEAL OF NATIONAL ACTION PLAN FOR DE11 MAND RESPONSE. 

12 (a) REPEAL.—Part 5 of title V of the National En13 ergy Conservation Policy Act (42 U.S.C. 8279 et seq.) is 

14 repealed. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents for the National Energy Conservation Policy Act 

17 (Public Law 95–619; 92 Stat. 3206; 121 Stat. 1665) is 

18 amended— 

19 (1) by striking the item relating to part 5 of 

20 title V; and 

21 (2) by striking the item relating to section 571. 

22 SEC. 4712. REPEAL OF NATIONAL COAL POLICY STUDY. 

23 (a) REPEAL.—Section 741 of the Powerplant and In24 dustrial Fuel Use Act of 1978 (42 U.S.C. 8451) is re25 pealed. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the Powerplant and Industrial Fuel Use Act of 

3 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

4 striking the item relating to section 741. 

5 SEC. 4713. REPEAL OF STUDY ON COMPLIANCE PROBLEM 

6 OF SMALL ELECTRIC UTILITY SYSTEMS. 

7 (a) REPEAL.—Section 744 of the Powerplant and In8 dustrial Fuel Use Act of 1978 (42 U.S.C. 8454) is re9 pealed. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents for the Powerplant and Industrial Fuel Use Act of 

12 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

13 striking the item relating to section 744. 

14 SEC. 4714. REPEAL OF STUDY OF SOCIOECONOMIC IM15 PACTS OF INCREASED COAL PRODUCTION 

16 AND OTHER ENERGY DEVELOPMENT. 

17 (a) REPEAL.—Section 746 of the Powerplant and In18 dustrial Fuel Use Act of 1978 (42 U.S.C. 8456) is re19 pealed. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for the Powerplant and Industrial Fuel Use Act of 

22 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

23 striking the item relating to section 746. 


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1 SEC. 4715. REPEAL OF STUDY OF THE USE OF PETROLEUM 

2 AND NATURAL GAS IN COMBUSTORS. 

3 (a) REPEAL.—Section 747 of the Powerplant and In4 dustrial Fuel Use Act of 1978 (42 U.S.C. 8457) is re5 pealed. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for the Powerplant and Industrial Fuel Use Act of 

8 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

9 striking the item relating to section 747. 

10 SEC. 4716. REPEAL OF SUBMISSION OF REPORTS. 

11 (a) REPEAL.—Section 807 of the Powerplant and In12 dustrial Fuel Use Act of 1978 (42 U.S.C. 8483) is re13 pealed. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents for the Powerplant and Industrial Fuel Use Act of 

16 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

17 striking the item relating to section 807. 

18 SEC. 4717. REPEAL OF ELECTRIC UTILITY CONSERVATION 

19 PLAN. 

20 (a) REPEAL.—Section 808 of the Powerplant and In21 dustrial Fuel Use Act of 1978 (42 U.S.C. 8484) is re22 pealed. 

23 (b) CONFORMING AMENDMENTS.— 

24 (1) TABLE OF CONTENTS.—The table of con25 tents for the Powerplant and Industrial Fuel Use 

26 Act of 1978 (Public Law 95–620; 92 Stat. 3289) is 


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1 amended by striking the item relating to section 

2 808. 

3 (2) REPORT ON IMPLEMENTATION.—Section 

4 712 of the Powerplant and Industrial Fuel Use Act 

5 of 1978 (42 U.S.C. 8422) is amended— 

6 (A) by striking ‘‘(a) GENERALLY.—’’; and 

7 (B) by striking subsection (b). 

8 SEC. 4718. EMERGENCY ENERGY CONSERVATION REPEALS. 

9 (a) REPEALS.— 

10 (1) Section 201 of the Emergency Energy Con11 servation Act of 1979 (42 U.S.C. 8501) is amend12 ed— 

13 (A) in the section heading, by striking 

14 ‘‘FINDINGS AND’’; and 

15 (B) by striking subsection (a). 

16 (2) Section 221 of the Emergency Energy Con17 servation Act of 1979 (42 U.S.C. 8521) is repealed. 

18 (3) Section 222 of the Emergency Energy Con19 servation Act of 1979 (42 U.S.C. 8522) is repealed. 

20 (4) 241 of the Emergency Energy Conservation 

21 Act of 1979 (42 U.S.C. 8531) is repealed. 

22 (b) CONFORMING AMENDMENT.—The table of con23 tents for the Emergency Energy Conservation Act of 1979 

24 (Public Law 96–102; 93 Stat. 749) is amended— 


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1 (1) by striking the item relating to section 201 

2 and inserting the following: 

‘‘Sec. 201. Purposes.’’; and 

3 (2) by striking the items relating to sections 

4 221, 222, and 241. 

5 SEC. 4719. ENERGY SECURITY ACT REPEALS. 

6 (a) BIOMASS ENERGY DEVELOPMENT PLANS.—Sub7 title A of title II of the Energy Security Act (42 U.S.C. 

8 8811 et seq.) is repealed. 

9 (b) MUNICIPAL WASTE BIOMASS ENERGY.—Subtitle 

10 B of title II of the Energy Security Act (42 U.S.C. 8831 

11 et seq.) is repealed. 

12 (c) USE OF GASOHOL IN FEDERAL MOTOR VEHI13 CLES.—Section 271 of the Energy Security Act (42 

14 U.S.C. 8871) is repealed. 

15 (d) CONFORMING AMENDMENTS.— 

16 (1) The table of contents for the Energy Secu17 rity Act (Public Law 96–294; 94 Stat. 611) is 

18 amended— 

19 (A) by striking the items relating to sub20 title A and B of title II; 

21 (B) by striking the item relating to section 

22 204 and inserting the following: 

‘‘Sec. 204. Funding. ............................................................................... ’’; and 

23 (C) by striking the item relating to section 

24 271. 


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1 (2) Section 203 of the Biomass Energy and Al2 cohol Fuels Act of 1980 (42 U.S.C. 8802) is amend3 ed— 

4 (A) by striking paragraph (16); and 

5 (B) by redesignating paragraphs (17) 

6 through (19) as paragraphs (16) through (18), 

7 respectively. 

8 (3) Section 204 of the Energy Security Act (42 

9 U.S.C. 8803) is amended— 

10 (A) in the section heading, by striking 

11 ‘‘FOR SUBTITLES A AND B’’; and 

12 (B) in subsection (a)— 

13 (i) in paragraph (1), by adding ‘‘and’’ 

14 after the semicolon at the end; 

15 (ii) in paragraph (2), by striking ‘‘; 

16 and’’ at the end and inserting a period; 

17 and 

18 (iii) by striking paragraph (3). 

19 SEC. 4720. NUCLEAR SAFETY RESEARCH, DEVELOPMENT, 

20 AND DEMONSTRATION ACT OF 1980 REPEALS. 

21 Sections 5 and 6 of the Nuclear Safety Research, De22 velopment, and Demonstration Act of 1980 (42 U.S.C. 

23 9704, 9705) are repealed. 


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1 SEC. 4721. ELIMINATION AND CONSOLIDATION OF CERTAIN 

2 AMERICA COMPETES PROGRAMS. 

3 (a) ELIMINATION OF PROGRAM AUTHORITIES.— 

4 (1) NUCLEAR SCIENCE TALENT EXPANSION

5 PROGRAM FOR INSTITUTIONS OF HIGHER EDU6 CATION.—Section 5004 of the America COMPETES 

7 Act (42 U.S.C. 16532) is repealed. 

8 (2) HYDROCARBON SYSTEMS SCIENCE TALENT

9 EXPANSION PROGRAM FOR INSTITUTIONS OF HIGH10 ER EDUCATION.— 

11 (A) IN GENERAL.—Section 5005(e) of the 

12 America COMPETES Act (42 U.S.C. 

13 16533(e)) is repealed. 

14 (B) CONFORMING AMENDMENTS.—Section 

15 5005(f) of the America COMPETES Act (42 

16 U.S.C. 16533(f)) is amended— 

17 (i) by striking paragraph (2); 

18 (ii) by striking the subsection designa19 tion and heading and all that follows 

20 through ‘‘There are’’ in paragraph (1) and 

21 inserting the following: 

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are’’; and 

24 (iii) by redesignating subparagraphs 

25 (A) through (F) as paragraphs (1) through 


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1 (6), respectively, and indenting appro2 priately. 

3 (3) DISCOVERY SCIENCE AND ENGINEERING IN4 NOVATION INSTITUTES.—Section 5008 of the Amer5 ica COMPETES Act (42 U.S.C. 16535) is repealed. 

6 (4) ELIMINATION OF DUPLICATIVE AUTHORITY

7 FOR EDUCATION PROGRAMS.—Sections 3181 and 

8 3185 of the Department of Energy Science Edu9 cation Enhancement Act (42 U.S.C. 7381l, 42 

10 U.S.C. 7381n) are repealed. 

11 (5) MENTORING PROGRAM.—Section 3195 of 

12 the Department of Energy Science Education En13 hancement Act (42 U.S.C. 7381r) is repealed. 

14 (b) REPEAL OF AUTHORIZATIONS.— 

15 (1) DEPARTMENT OF ENERGY EARLY CAREER

16 AWARDS FOR SCIENCE, ENGINEERING, AND MATHE17 MATICS RESEARCHERS.—Section 5006 of the Amer18 ica COMPETES Act (42 U.S.C. 16534) is amended 

19 by striking subsection (h). 

20 (2) DISTINGUISHED SCIENTIST PROGRAM.— 

21 Section 5011 of the America COMPETES Act (42 

22 U.S.C. 16537) is amended by striking subsection (j). 

23 (3) PROTECTING AMERICA’S COMPETITIVE

24 EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM.— 


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1 Section 5009 of the America COMPETES Act (42 

2 U.S.C. 16536) is amended by striking subsection (f). 

3 (c) CONSOLIDATION OF DUPLICATIVE PROGRAM AU4 THORITIES.— 

5 (1) UNIVERSITY NUCLEAR SCIENCE AND ENGI6 NEERING SUPPORT.—Section 954 of the Energy Pol7 icy Act of 2005 (42 U.S.C. 16274) is amended— 

8 (A) in subsection (a), by inserting ‘‘nuclear 

9 chemistry,’’ after ‘‘nuclear engineering,’’; and 

10 (B) in subsection (b)— 

11 (i) by redesignating paragraphs (3) 

12 through (5) as paragraphs (4) through (6), 

13 respectively; and 

14 (ii) by inserting after paragraph (2) 

15 the following: 

16 ‘‘(3) award grants, not to exceed 5 years in du17 ration, to institutions of higher education with exist18 ing academic degree programs in nuclear sciences 

19 and related fields— 

20 ‘‘(A) to increase the number of graduates 

21 in nuclear science and related fields; 

22 ‘‘(B) to enhance the teaching and research 

23 of advanced nuclear technologies; 

24 ‘‘(C) to undertake collaboration with indus25 try and National Laboratories; and 


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1 ‘‘(D) to bolster or sustain nuclear infra2 structure and research facilities of institutions 

3 of higher education, such as research and train4 ing reactors and laboratories;’’. 

5 (2) CONSOLIDATION OF DEPARTMENT OF EN6 ERGY EARLY CAREER AWARDS FOR SCIENCE, ENGI7 NEERING, AND MATHEMATICS RESEARCHERS PRO8 GRAM AND DISTINGUISHED SCIENTIST PROGRAM.— 

9 (A) FUNDING.—Section 971(c) of the En10 ergy Policy Act of 2005 (42 U.S.C. 16311(c)) 

11 is amended by adding at the end the following: 

12 ‘‘(8) For the Department of Energy early ca13 reer awards for science, engineering, and mathe14 matics researchers program under section 5006 of 

15 the America COMPETES Act (42 U.S.C. 16534) 

16 and the distinguished scientist program under sec17 tion 5011 of that Act (42 U.S.C. 16537), 

18 $150,000,000 for each of fiscal years 2016 through 

19 2020, of which not more than 65 percent of the 

20 amount made available for a fiscal year under this 

21 paragraph may be used to carry out section 5006 or 

22 5011 of that Act.’’. 

23 (B) DEPARTMENT OF ENERGY EARLY CA24 REER AWARDS FOR SCIENCE, ENGINEERING, 

25 AND MATHEMATICS RESEARCHERS.—Section 


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1 5006 of the America COMPETES Act (42 

2 U.S.C. 16534) is amended— 

3 (i) in subsection (b)(1)— 

4 (I) in the matter preceding sub5 paragraph (A)— 

6 (aa) by inserting ‘‘average’’ 

7 before ‘‘amount’’; and 

8 (bb) by inserting ‘‘for each 

9 year’’ before ‘‘shall’’; 

10 (II) in subparagraph (A), by 

11 striking ‘‘$80,000’’ and inserting 

12 ‘‘$190,000’’; and 

13 (III) in subparagraph (B), by 

14 striking ‘‘$125,000’’ and inserting 

15 ‘‘$490,000’’; 

16 (ii) in subsection (c)(1)(C)— 

17 (I) in clause (i)— 

18 (aa) by striking ‘‘assistant 

19 professor or equivalent title’’ and 

20 inserting ‘‘untenured assistant or 

21 associate professor’’; and 

22 (bb) by inserting ‘‘or’’ after 

23 the semicolon at the end; 

24 (II) by striking clause (ii); and 


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1 (III) by redesignating clause (iii) 

2 as clause (ii); 

3 (iii) in subsection (d), by striking ‘‘on 

4 a competitive, merit-reviewed basis’’ and 

5 inserting ‘‘through a competitive process 

6 using merit-based peer review.’’; 

7 (iv) in subsection (e)— 

8 (I) by striking ‘‘(e)’’ and all that 

9 follows through ‘‘To be eligible’’ and 

10 inserting the following: 

11 ‘‘(e) SELECTION PROCESS AND CRITERIA.—To be eli12 gible’’; and 

13 (II) by striking paragraph (2); 

14 and 

15 (v) in subsection (f)(1), by striking 

16 ‘‘nonprofit, nondegree-granting research 

17 organizations’’ and inserting ‘‘National 

18 Laboratories’’. 

19 (3) SCIENCE EDUCATION PROGRAMS.—Section 

20 3164 of the Department of Energy Science Edu21 cation Enhancement Act (42 U.S.C. 7381a) is 

22 amended— 

23 (A) in subsection (b)— 

24 (i) by striking paragraphs (1) and (2) 

25 and inserting the following: 


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

2 of Science (referred to in this subsection as the ‘Di3 rector’) shall provide for appropriate coordination of 

4 science, technology, engineering, and mathematics 

5 education programs across all functions of the De6 partment. 

7 ‘‘(2) ADMINISTRATION.—In carrying out para8 graph (1), the Director shall— 

9 ‘‘(A) consult with— 

10 ‘‘(i) the Assistant Secretary of Energy 

11 with responsibility for energy efficiency 

12 and renewable energy programs; and 

13 ‘‘(ii) the Deputy Administrator for 

14 Defense Programs of the National Nuclear 

15 Security Administration; and 

16 ‘‘(B) seek to increase the participation and 

17 advancement of women and underrepresented 

18 minorities at every level of science, technology, 

19 engineering, and mathematics education.’’; and 

20 (ii) in paragraph (3)— 

21 (I) in subparagraph (D), by 

22 striking ‘‘and’’ at the end; 

23 (II) by redesignating subpara24 graph (E) as subparagraph (F); and 


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1 (III) by inserting after subpara2 graph (D) the following: 

3 ‘‘(E) represent the Department as the 

4 principal interagency liaison for all coordination 

5 activities under the President for science, tech6 nology, engineering, and mathematics education 

7 programs; and’’; and 

8 (B) in subsection (d)— 

9 (i) by striking ‘‘The Secretary’’ and 

10 inserting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary’’; and 

12 (ii) by adding at the end the fol13 lowing: 

14 ‘‘(2) REPORT.—Not later than 180 days after 

15 the date of enactment of this subparagraph, the Di16 rector shall submit a report describing the impact of 

17 the activities assisted with the Fund established 

18 under paragraph (1) to— 

19 ‘‘(A) the Committee on Science, Space, 

20 and Technology of the House of Representa21 tives; and 

22 ‘‘(B) the Committee on Energy and Nat23 ural Resources of the Senate.’’. 

24 (4) PROTECTING AMERICA’S COMPETITIVE

25 EDGE (PACE) GRADUATE FELLOWSHIP PROGRAM.— 


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1 Section 5009 of the America COMPETES Act (42 

2 U.S.C. 16536) is amended— 

3 (A) in subsection (c)— 

4 (i) in paragraph (1) by striking ‘‘, in5 volving’’ and all that follows through ‘‘Sec6 retary’’; and 

7 (ii) in paragraph (2), by striking sub8 paragraph (B) and inserting the following: 

9 ‘‘(B) to demonstrate excellent academic 

10 performance and understanding of scientific or 

11 technical subjects; and’’; 

12 (B) in subsection (d)(1)(B)(i), by inserting 

13 ‘‘full or partial’’ before ‘‘graduate tuition’’; and 

14 (C) in subsection (e), in the matter pre15 ceding paragraph (1), by striking ‘‘Director of 

16 Science, Engineering, and Mathematics Edu17 cation’’ and inserting ‘‘Director of the Office of 

18 Science.’’. 

19 (d) CONFORMING AMENDMENTS.—The table of con20 tents for the America COMPETES ACT (Public Law 

21 110–69; 121 Stat. 573) is amended by striking the items 

22 relating to sections 5004 and 5008. 


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1 SEC. 4722. REPEAL OF STATE UTILITY REGULATORY AS2 SISTANCE. 

3 (a) REPEAL.—Section 207 of the Energy Conserva4 tion and Production Act (42 U.S.C. 6807) is repealed. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Energy Conservation and Production Act 

7 (Public Law 94–385; 90 Stat. 1126) is amended by strik8 ing the item relating to section 207. 

9 SEC. 4723. REPEAL OF SURVEY OF ENERGY SAVING POTEN10 TIAL. 

11 (a) REPEAL.—Section 550 of the National Energy 

12 Conservation Policy Act (42 U.S.C. 8258b) is repealed. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) The table of contents for the National En15 ergy Conservation Policy Act (Public Law 95–619; 

16 92 Stat. 3206; 106 Stat. 2851) is amended by strik17 ing the item relating to section 550. 

18 (2) Section 543(d)(2) of the National Energy 

19 Conservation Policy Act (42 U.S.C. 8253(d)(2)) is 

20 amended by striking ‘‘, incorporating any relevant 

21 information obtained from the survey conducted pur22 suant to section 550’’. 

23 SEC. 4724. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM. 

24 (a) REPEAL.—Part 4 of title V of the National En25 ergy Conservation Policy Act (42 U.S.C. 8271 et seq.) is 

26 repealed. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for the National Energy Conservation Policy Act 

3 (Public Law 95–619; 92 Stat. 3206) is amended— 

4 (1) by striking the item relating to part 4 of 

5 title V; and 

6 (2) by striking the items relating to sections 

7 561 through 569. 

8 SEC. 4725. REPEAL OF ENERGY AUDITOR TRAINING AND 

9 CERTIFICATION. 

10 (a) REPEAL.—Subtitle F of title V of the Energy Se11 curity Act (42 U.S.C. 8285 et seq.) is repealed. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for the Energy Security Act (Public Law 96–294; 

14 94 Stat. 611) is amended by striking the items relating 

15 to subtitle F of title V. 

16 SEC. 4726. REPEAL OF AUTHORIZATION OF APPROPRIA17 TIONS. 

18 (a) REPEAL.—Subtitle F of title VII of the Power19 plant and Industrial Fuel Use Act of 1978 (42 U.S.C. 

20 8461) is repealed. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents for the Powerplant and Industrial Fuel Use Act of 

23 1978 (Public Law 95–620; 92 Stat. 3289) is amended by 

24 striking the item relating to subtitle F of title VII. 


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1 TITLE V—CONSERVATION 

2 REAUTHORIZATION 

3 SEC. 5001. NATIONAL PARK SERVICE MAINTENANCE AND 

4 REVITALIZATION CONSERVATION FUND. 

5 (a) IN GENERAL.—Chapter 1049 of title 54, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 104908. National Park Service Maintenance and 

9 Revitalization Conservation Fund 

10 ‘‘(a) IN GENERAL.—There is established in the 

11 Treasury a fund, to be known as the ‘National Park Serv12 ice Critical Maintenance and Revitalization Conservation 

13 Fund’ (referred to in this section as the ‘Fund’). 

14 ‘‘(b) DEPOSITS TO FUND.—Notwithstanding any 

15 provision of law providing that the proceeds shall be cred16 ited to miscellaneous receipts of the Treasury, for each 

17 fiscal year, there shall be deposited in the Fund, from rev18 enues due and payable to the United States under section 

19 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 

20 1338) $150,000,000. 

21 ‘‘(c) USE AND AVAILABILITY.— 

22 ‘‘(1) IN GENERAL.—Amounts deposited in the 

23 Fund shall— 

24 ‘‘(A) be used only for the purposes de25 scribed in subsection (d); and 


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1 ‘‘(B) be available for expenditure only after 

2 the amounts are appropriated for those pur3 poses. 

4 ‘‘(2) AVAILABILITY.—Any amounts in the Fund 

5 not appropriated shall remain available in the Fund 

6 until appropriated. 

7 ‘‘(3) NO LIMITATION.—Appropriations from the 

8 Fund pursuant to this section may be made without 

9 fiscal year limitation. 

10 ‘‘(d) NATIONAL PARK SYSTEM CRITICAL DEFERRED

11 MAINTENANCE.—The Secretary shall use amounts appro12 priated from the Fund for high-priority deferred mainte13 nance needs of the Service that support critical infrastruc14 ture and visitor services. 

15 ‘‘(e) LAND ACQUISITION PROHIBITION.—Amounts in 

16 the Fund shall not be used for land acquisition.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 for chapter 1049 of title 54, United States Code, is 

19 amended by inserting after the item relating to section 

20 104907 the following: 

‘‘§104908. National Park Service Maintenance and Revitalization Conservation 

Fund.’’. 

21 SEC. 5002. LAND AND WATER CONSERVATION FUND. 

22 (a) REAUTHORIZATION.—Section 200302 of title 54, 

23 United States Code, is amended— 


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1 (1) in subsection (b), in the matter preceding 

2 paragraph (1), by striking ‘‘During the period end3 ing September 30, 2015, there’’ and inserting 

4 ‘‘There’’; and 

5 (2) in subsection (c)(1), by striking ‘‘through 

6 September 30, 2015’’. 

7 (b) ALLOCATION OF FUNDS.—Section 200304 of title 

8 54, United States Code, is amended— 

9 (1) by striking ‘‘There’’ and inserting ‘‘(a) In 

10 General.—There’’; and 

11 (2) by striking the second sentence and insert12 ing the following: 

13 ‘‘(b) ALLOCATION.—Of the appropriations from the 

14 Fund— 

15 ‘‘(1) not less than 40 percent shall be used col16 lectively for Federal purposes under section 200306; 

17 ‘‘(2) not less than 40 percent shall be used col18 lectively— 

19 ‘‘(A) to provide financial assistance to 

20 States under section 200305; 

21 ‘‘(B) for the Forest Legacy Program es22 tablished under section 7 of the Cooperative 

23 Forestry Assistance Act of 1978 (16 U.S.C. 

24 2103c); 


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1 ‘‘(C) for cooperative endangered species 

2 grants authorized under section 6 of the En3 dangered Species Act of 1973 (16 U.S.C. 

4 1535); and 

5 ‘‘(D) for the American Battlefield Protec6 tion Program established under chapter 3081; 

7 and 

8 ‘‘(3) not less than 1.5 percent or $10,000,000, 

9 whichever is greater, shall be used for projects that 

10 secure recreational public access to Federal public 

11 land for hunting, fishing, or other recreational pur12 poses.’’. 

13 (c) CONSERVATION EASEMENTS.—Section 200306 of 

14 title 54, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘(c) CONSERVATION EASEMENTS.—The Secretary 

17 and the Secretary of Agriculture shall consider the acqui18 sition of conservation easements and other similar inter19 ests in land where appropriate and feasible.’’. 

20 (d) ACQUISITION CONSIDERATIONS.—Section 

21 200306 of title 54, United States Code (as amended by 

22 subsection (c)), is amended by adding at the end of the 

23 following: 

24 ‘‘(d) ACQUISITION CONSIDERATIONS.—The Secretary 

25 and the Secretary of Agriculture shall take into account 


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1 the following in determining the land or interests in land 

2 to acquire: 

3 ‘‘(1) Management efficiencies. 

4 ‘‘(2) Management cost savings. 

5 ‘‘(3) Geographic distribution. 

6 ‘‘(4) Significance of the acquisition. 

7 ‘‘(5) Urgency of the acquisition. 

8 ‘‘(6) Threats to the integrity of the land to be 

9 acquired. 

10 ‘‘(7) The recreational value of the land.’’. 

11 SEC. 5003. HISTORIC PRESERVATION FUND. 

12 Section 303102 of title 54, United States Code, is 

13 amended by striking ‘‘of fiscal years 2012 to 2015’’ and 

14 inserting ‘‘fiscal year’’. 


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Calendar No. 218 

114TH CONGRESS 

1ST SESSION S. 2012 

[Report No. 114–138] 

A BILL 

To provide for the modernization of the energy 

policy of the United States, and for other purposes. 

SEPTEMBER 9, 2015 

Read twice and placed on the calendar 


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