pursuant to docket numbers ER15–623–000, EL15– 
29–000, EL14–52–000, and ER14–2419–000; or 
‘‘(2) provide grounds for the Commission to 
grant rehearing or otherwise modify orders issued in 
those dockets.’’. 
SEC. 1111. ETHANE STORAGE STUDY. 
(a) IN GENERAL.—The Secretary of Energy and the 
Secretary of Commerce, in consultation with other rel-
evant agencies and stakeholders, shall conduct a study on 
the feasibility of establishing an ethane storage and dis-
tribution hub in the United States. 
(b) CONTENTS.—The study conducted under sub-
section (a) shall include— 
(1) an examination of— 
(A) potential locations; 
(B) economic feasibility; 
(C) economic benefits; 
(D) geological storage capacity capabilities; 
(E) above ground storage capabilities; 
(F) infrastructure needs; and 
(G) other markets and trading hubs, par-
ticularly related to ethane; and 
(2) identification of potential additional benefits 
to energy security.
(c) PUBLICATION OF RESULTS.—Not later than 2 
years after the date of enactment of this Act, the Secre-
taries of Energy and Commerce shall publish the results 
of the study conducted under subsection (a) on the 
websites of the Departments of Energy and Commerce, 
respectively, and shall submit such results to the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives and the Committees on Energy and Natural 
Resources and Commerce, Science, and Transportation of 
the Senate. 
SEC. 1112. STATEMENT OF POLICY ON GRID MODERNIZA-
TION. 
It is the policy of the United States to promote and 
advance— 
(1) the modernization of the energy delivery in-
frastructure of the United States, and bolster the re-
liability, affordability, diversity, efficiency, security, 
and resiliency of domestic energy supplies, through 
advanced grid technologies; 
(2) the modernization of the electric grid to en-
able a robust multi-directional power flow that 
leverages centralized energy resources and distrib-
uted energy resources, enables robust retail trans-
actions, and facilitates the alignment of business and
regulatory models to achieve a grid that optimizes 
the entire electric delivery system; 
(3) relevant research and development in ad-
vanced grid technologies, including— 
(A) energy storage; 
(B) predictive tools and requisite real-time 
data to enable the dynamic optimization of grid 
operations; 
(C) power electronics, including smart in-
verters, that ease the challenge of intermittent 
renewable resources and distributed generation; 
(D) real-time data and situational aware-
ness tools and systems; and 
(E) tools to increase data security, physical 
security, and cybersecurity awareness and pro-
tection; 
(4) the leadership of the United States in basic 
and applied sciences to develop a systems approach 
to innovation and development of cyber-secure ad-
vanced grid technologies, architectures, and control 
paradigms capable of managing diverse supplies and 
loads; 
(5) the safeguarding of the critical energy deliv-
ery infrastructure of the United States and the en-
hanced resilience of the infrastructure to all hazards, 
including— 
(A) severe weather events; 
(B) cyber and physical threats; and 
(C) other factors that affect energy deliv-
ery; 
(6) the coordination of goals, investments to op-
timize the grid, and other measures for energy effi-
ciency, advanced grid technologies, interoperability, 
and demand response-side management resources; 
(7) partnerships with States and the private 
sector— 
(A) to facilitate advanced grid capabilities 
and strategies; and 
(B) to provide technical assistance, tools, 
or other related information necessary to en-
hance grid integration, particularly in connec-
tion with the development at the State and local 
levels of strategic energy, energy surety and as-
surance, and emergency preparedness, response, 
and restoration planning; 
(8) the deployment of information and commu-
nications technologies at all levels of the electric sys-
tem;
(9) opportunities to provide consumers with 
timely information and advanced control options; 
(10) sophisticated or advanced control options 
to integrate distributed energy resources and associ-
ated ancillary services; 
(11) open-source communications, database ar-
chitectures, and common information model stand-
ards, guidelines, and protocols that enable interoper-
ability to maximize efficiency gains and associated 
benefits among— 
(A) the grid; 
(B) energy and building management sys-
tems; and 
(C) residential, commercial, and industrial 
equipment; 
(12) private sector investment in the energy de-
livery infrastructure of the United States through 
targeted demonstration and validation of advanced 
grid technologies; and 
(13) establishment of common valuation meth-
ods and tools for cost-benefit analysis of grid inte-
gration paradigms. 
SEC. 1113. GRID RESILIENCE REPORT. 
Not later than 120 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to the
Congress a report on methods to increase electric grid re-
silience with respect to all threats, including cyber attacks, 
vandalism, terrorism, and severe weather. 
SEC. 1114. GAO REPORT ON IMPROVING NATIONAL RE-
SPONSE CENTER. 
The Comptroller General of the United States shall 
conduct a study of ways in which the capabilities of the 
National Response Center could be improved. 
SEC. 1115. DESIGNATION OF NATIONAL ENERGY SECURITY 
CORRIDORS ON FEDERAL LANDS. 
(a) IN GENERAL.—Section 28 of the Mineral Leasing 
Act (30 U.S.C. 185) is amended as follows: 
(1) In subsection (b)— 
(A) by striking ‘‘(b)(1) For the purposes of 
this section ‘Federal lands’ means’’ and insert-
ing the following: 
‘‘(b)(1) For the purposes of this section ‘Federal 
lands’— 
‘‘(A) except as provided in subparagraph (B), 
means’’; 
(B) by striking the period at the end of 
paragraph (1) and inserting ‘‘; and’’ and by 
adding at the end of paragraph (1) the fol-
lowing:
‘‘(B) for purposes of granting an application for 
a natural gas pipeline right-of-way, means all lands 
owned by the United States except— 
‘‘(i) such lands held in trust for an Indian 
or Indian tribe; and 
‘‘(ii) lands on the Outer Continental 
Shelf.’’. 
(2) By redesignating subsection (b), as so 
amended, as subsection (z), and transferring such 
subsection to appear after subsection (y) of that sec-
tion. 
(3) By inserting after subsection (a) the fol-
lowing: 
‘‘(b) NATIONAL ENERGY SECURITY CORRIDORS.— 
‘‘(1) DESIGNATION.—In addition to other au-
thorities under this section, the Secretary shall— 
‘‘(A) identify and designate suitable Fed-
eral lands as National Energy Security Cor-
ridors (in this subsection referred to as a ‘Cor-
ridor’), which shall be used for construction, op-
eration, and maintenance of natural gas trans-
mission facilities; and 
‘‘(B) incorporate such Corridors upon des-
ignation into the relevant agency land use and 
resource management plans or equivalent plans.
‘‘(2) CONSIDERATIONS.—In evaluating Federal 
lands for designation as a National Energy Security 
Corridor, the Secretary shall— 
‘‘(A) employ the principle of multiple use 
to ensure route decisions balance national en-
ergy security needs with existing land use prin-
ciples; 
‘‘(B) seek input from other Federal coun-
terparts, State, local, and tribal governments, 
and affected utility and pipeline industries to 
determine the best suitable, most cost-effective, 
and commercially viable acreage for natural gas 
transmission facilities; 
‘‘(C) focus on transmission routes that im-
prove domestic energy security through increas-
ing reliability, relieving congestion, reducing 
natural gas prices, and meeting growing de-
mand for natural gas; and 
‘‘(D) take into account technological inno-
vations that reduce the need for surface dis-
turbance. 
‘‘(3) PROCEDURES.—The Secretary shall estab-
lish procedures to expedite and approve applications 
for rights-of-way for natural gas pipelines across 
National Energy Security Corridors, that—
‘‘(A) ensure a transparent process for re-
view of applications for rights-of-way on such 
corridors; 
‘‘(B) require an approval time of not more 
than 1 year after the date of receipt of an ap-
plication for a right-of-way; and 
‘‘(C) require, upon receipt of such an ap-
plication, notice to the applicant of a predict-
able timeline for consideration of the applica-
tion, that clearly delineates important mile-
stones in the process of such consideration. 
‘‘(4) STATE INPUT.— 
‘‘(A) REQUESTS AUTHORIZED.—The Gov-
ernor of a State may submit requests to the 
Secretary of the Interior to designate Corridors 
on Federal land in that State. 
‘‘(B) CONSIDERATION
OF
REQUESTS.— 
After receiving such a request, the Secretary 
shall respond in writing, within 30 days— 
‘‘(i) acknowledging receipt of the re-
quest; and 
‘‘(ii) setting forth a timeline in which 
the Secretary shall grant, deny, or modify 
such request and state the reasons for 
doing so.
‘‘(5) SPATIAL DISTRIBUTION OF CORRIDORS.— 
In implementing this subsection, the Secretary shall 
coordinate with other Federal Departments to— 
‘‘(A) minimize the proliferation of duplica-
tive natural gas pipeline rights-of-way on Fed-
eral lands where feasible; 
‘‘(B) ensure Corridors can connect effec-
tively across Federal lands; and 
‘‘(C) utilize input from utility and pipeline 
industries submitting applications for rights-of- 
way to site corridors in economically feasible 
areas that reduce impacts, to the extent prac-
ticable, on local communities. 
‘‘(6) NOT
A
MAJOR
FEDERAL
ACTION.—Des-
ignation of a Corridor under this subsection, and in-
corporation of Corridors into agency plans under 
paragraph (1)(B), shall not be treated as a major 
Federal action for purpose of section 102 of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
‘‘(7) NO LIMIT ON NUMBER OR LENGTH OF 
CORRIDORS.—Nothing in this subsection limits the 
number or physical dimensions of Corridors that the 
Secretary may designate under this subsection.
‘‘(8) OTHER
AUTHORITY
NOT
AFFECTED.— 
Nothing in this subsection affects the authority of 
the Secretary to issue rights-of-way on Federal land 
that is not located in a Corridor designated under 
this subsection. 
‘‘(9) NEPA CLARIFICATION.—All applications 
for rights-of-way for natural gas transmission facili-
ties across Corridors designated under this sub-
section shall be subject to the environmental protec-
tions outlined in subsection (h).’’. 
(b) APPLICATIONS RECEIVED BEFORE DESIGNATION 
OF CORRIDORS.—Any application for a right-of-way under 
section 28 of the Mineral Leasing Act (30 U.S.C. 185) 
that is received by the Secretary of the Interior before des-
ignation of National Energy Security Corridors under the 
amendment made by subsection (a) of this section shall 
be reviewed and acted upon independently by the Sec-
retary without regard to the process for such designation. 
(c) DEADLINE.—Within 2 years after the date of the 
enactment of this Act, the Secretary of the Interior shall 
designate at least 10 National Energy Security Corridors 
under the amendment made by subsection (a) in States 
referred to in section 368(b) of the Energy Policy Act of 
2005 (42 U.S.C. 15926(b)).
SEC. 1116. VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE 
ON FEDERAL LANDS CONTAINING ELECTRIC 
TRANSMISSION AND DISTRIBUTION FACILI-
TIES. 
(a) IN GENERAL.—Title V of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1761 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE 
RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS-OF-WAY. 
‘‘(a) GENERAL DIRECTION.—In order to enhance the 
reliability of the electric grid and reduce the threat of 
wildfires to and from electric transmission and distribu-
tion rights-of-way and related facilities and adjacent prop-
erty, the Secretary, with respect to public lands and other 
lands under the jurisdiction of the Secretary, and the Sec-
retary of Agriculture, with respect to National Forest Sys-
tem lands, shall provide direction to ensure that all exist-
ing and future rights-of-way, however established (includ-
ing by grant, special use authorization, and easement), for 
electric transmission and distribution facilities on such 
lands include provisions for utility vegetation manage-
ment, facility inspection, and operation and maintenance 
activities that, while consistent with applicable law—
‘‘(1) are developed in consultation with the 
holder of the right-of-way; 
‘‘(2) enable the owner or operator of an electric 
transmission and distribution facility to operate and 
maintain the facility in good working order and to 
comply with Federal, State, and local electric system 
reliability and fire safety requirements, including re-
liability standards established by the North Amer-
ican Electric Reliability Corporation and plans to 
meet such reliability standards; 
‘‘(3) minimize the need for case-by-case or an-
nual approvals for— 
‘‘(A) routine vegetation management, facil-
ity inspection, and operation and maintenance 
activities within existing electric transmission 
and distribution rights-of-way; and 
‘‘(B) utility vegetation management activi-
ties that are necessary to control hazard trees 
within or adjacent to electric transmission and 
distribution rights-of-way; and 
‘‘(4) when review is required, provide for expe-
dited review and approval of utility vegetation man-
agement, facility inspection, and operation and 
maintenance activities, especially activities requiring
prompt action to avoid an adverse impact on human 
safety or electric reliability to avoid fire hazards. 
‘‘(b) VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE PLANS.— 
‘‘(1) DEVELOPMENT
AND
SUBMISSION.—Con-
sistent with subsection (a), the Secretary and the 
Secretary of Agriculture shall provide owners and 
operators of electric transmission and distribution 
facilities located on lands described in such sub-
section with the option to develop and submit a 
vegetation management, facility inspection, and op-
eration and maintenance plan, that at each owner or 
operator’s discretion may cover some or all of the 
owner or operator’s electric transmission and dis-
tribution rights-of-way on Federal lands, for ap-
proval to the Secretary with jurisdiction over the 
lands. A plan under this paragraph shall enable the 
owner or operator of an electric transmission and 
distribution facility, at a minimum, to comply with 
applicable Federal, State, and local electric system 
reliability and fire safety requirements, as provided 
in subsection (a)(2). The Secretaries shall not have 
the authority to modify those requirements. 
‘‘(2) REVIEW AND APPROVAL PROCESS.—The 
Secretary and the Secretary of Agriculture shall
jointly develop a consolidated and coordinated proc-
ess for review and approval of— 
‘‘(A) vegetation management, facility in-
spection, and operation and maintenance plans 
submitted under paragraph (1) that— 
‘‘(i) assures prompt review and ap-
proval not to exceed 90 days; 
‘‘(ii) includes timelines and bench-
marks for agency comments on submitted 
plans and final approval of such plans; 
‘‘(iii) is consistent with applicable law; 
and 
‘‘(iv) minimizes the costs of the proc-
ess to the reviewing agency and the entity 
submitting the plans; and 
‘‘(B) amendments to the plans in a prompt 
manner if changed conditions necessitate a 
modification to a plan. 
‘‘(3) NOTIFICATION.—The review and approval 
process under paragraph (2) shall— 
‘‘(A) include notification by the agency of 
any changed conditions that warrant a modi-
fication to a plan; 
‘‘(B) provide an opportunity for the owner 
or operator to submit a proposed plan amend-
ment to address directly the changed condition; 
and 
‘‘(C) allow the owner or operator to con-
tinue to implement those elements of the ap-
proved plan that do not directly and adversely 
affect the condition precipitating the need for 
modification. 
‘‘(4) CATEGORICAL EXCLUSION PROCESS.—The 
Secretary and the Secretary of Agriculture shall 
apply his or her categorical exclusion process under 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) to plans developed under this 
subsection on existing electric transmission and dis-
tribution rights-of-way under this subsection. 
‘‘(5) 
IMPLEMENTATION.—A 
plan 
approved 
under this subsection shall become part of the au-
thorization governing the covered right-of-way and 
hazard trees adjacent to the right-of-way. If a vege-
tation management plan is proposed for an existing 
electric transmission and distribution facility concur-
rent with the siting of a new electric transmission or 
distribution facility, necessary reviews shall be com-
pleted as part of the siting process or sooner. Once 
the plan is approved, the owner or operator shall 
provide the agency with only a notification of activi-
ties anticipated to be undertaken in the coming year, 
a description of those activities, and certification 
that the activities are in accordance with the plan. 
‘‘(c) RESPONSE
TO EMERGENCY CONDITIONS.—If 
vegetation on Federal lands within, or hazard trees on 
Federal lands adjacent to, an electric transmission or dis-
tribution right-of-way granted by the Secretary or the Sec-
retary of Agriculture has contacted or is in imminent dan-
ger of contacting one or more electric transmission or dis-
tribution lines, the owner or operator of the electric trans-
mission or distribution lines— 
‘‘(1) may prune or remove the vegetation to 
avoid the disruption of electric service and risk of 
fire; and 
‘‘(2) shall notify the appropriate local agent of 
the relevant Secretary not later than 24 hours after 
such removal. 
‘‘(d) COMPLIANCE WITH APPLICABLE RELIABILITY 
AND SAFETY STANDARDS.—If vegetation on Federal 
lands within or adjacent to an electric transmission or dis-
tribution right-of-way under the jurisdiction of each Sec-
retary does not meet clearance requirements under stand-
ards established by the North American Electric Reli-
ability Corporation, or by State and local authorities, and 
the Secretary having jurisdiction over the lands has failed
to act to allow an electric transmission or distribution fa-
cility owner or operator to conduct vegetation manage-
ment activities within 3 business days after receiving a 
request to allow such activities, the owner or operator 
may, after notifying the Secretary, conduct such vegeta-
tion management activities to meet those clearance re-
quirements. 
‘‘(e) REPORTING REQUIREMENT.—The Secretary or 
Secretary of Agriculture shall report requests and actions 
made under subsections (c) and (d) annually on each Sec-
retary’s website. 
‘‘(f) LIABILITY.—An owner or operator of an electric 
transmission or distribution facility shall not be held liable 
for wildfire damage, loss, or injury, including the cost of 
fire suppression, if— 
‘‘(1) the Secretary or the Secretary of Agri-
culture fails to allow the owner or operator to oper-
ate consistently with an approved vegetation man-
agement, facility inspection, and operation and 
maintenance plan on Federal lands under the rel-
evant Secretary’s jurisdiction within or adjacent to 
a right-of-way to comply with Federal, State, or 
local electric system reliability and fire safety stand-
ards, including standards established by the North 
American Electric Reliability Corporation; or
‘‘(2) the Secretary or the Secretary of Agri-
culture fails to allow the owner or operator of the 
electric transmission or distribution facility to per-
form appropriate vegetation management activities 
in response to an identified hazard tree, or a tree in 
imminent danger of contacting the owner’s or opera-
tor’s electric transmission or distribution facility. 
‘‘(g) TRAINING
AND GUIDANCE.—In consultation 
with the electric utility industry, the Secretary and the 
Secretary of Agriculture are encouraged to develop a pro-
gram to train personnel of the Department of the Interior 
and the Forest Service involved in vegetation management 
decisions relating to electric transmission and distribution 
facilities to ensure that such personnel— 
‘‘(1) understand electric system reliability and 
fire safety requirements, including reliability stand-
ards established by the North American Electric Re-
liability Corporation; 
‘‘(2) assist owners and operators of electric 
transmission and distribution facilities to comply 
with applicable electric reliability and fire safety re-
quirements; and 
‘‘(3) encourage and assist willing owners and 
operators of electric transmission and distribution 
facilities to incorporate on a voluntary basis vegeta-
tion management practices to enhance habitats and 
forage for pollinators and for other wildlife so long 
as the practices are compatible with the integrated 
vegetation management practices necessary for reli-
ability and safety. 
‘‘(h) IMPLEMENTATION.—The Secretary and the Sec-
retary of Agriculture shall— 
‘‘(1) not later than one year after the date of 
the enactment of this section, propose regulations, or 
amended existing regulations, to implement this sec-
tion; and 
‘‘(2) not later than two years after the date of 
the enactment of this section, finalize regulations, or 
amended existing regulations, to implement this sec-
tion. 
‘‘(i) EXISTING VEGETATION MANAGEMENT, FACIL-
ITY INSPECTION, AND OPERATION AND MAINTENANCE 
PLANS.—Nothing in this section requires an owner or op-
erator to develop and submit a vegetation management, 
facility inspection, and operation and maintenance plan if 
one has already been approved by the Secretary or Sec-
retary of Agriculture before the date of the enactment of 
this section. 
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) HAZARD TREE.—The term ‘hazard tree’ 
means any tree inside the right-of-way or located 
outside the right-of-way that has been found by the 
either the owner or operator of an electric trans-
mission or distribution facility, or the Secretary or 
the Secretary of Agriculture, to be likely to fail and 
cause a high risk of injury, damage, or disruption 
within 10 feet of an electric power line or related 
structure if it fell. 
‘‘(2) 
OWNER
OR
OPERATOR.—The 
terms 
‘owner’ and ‘operator’ include contractors or other 
agents engaged by the owner or operator of an elec-
tric transmission and distribution facility. 
‘‘(3) VEGETATION MANAGEMENT, FACILITY IN-
SPECTION, 
AND
OPERATION
AND
MAINTENANCE 
PLAN.—The term ‘vegetation management, facility 
inspection, and operation and maintenance plan’ 
means a plan that— 
‘‘(A) is prepared by the owner or operator 
of one or more electric transmission or distribu-
tion facilities to cover one or more electric 
transmission and distribution rights-of-way; and 
‘‘(B) provides for the long-term, cost-effec-
tive, efficient, and timely management of facili-
ties and vegetation within the width of the
right-of-way and adjacent Federal lands to en-
hance electric reliability, promote public safety, 
and avoid fire hazards.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1761 et seq.), is amended by inserting after 
the item relating to section 511 the following new item: 
‘‘Sec. 512. Vegetation management, facility inspection, and operation and main-
tenance relating to electric transmission and distribution facil-
ity rights-of-way.’’. 
Subtitle B—Hydropower 
Regulatory Modernization 
SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN 
HYDROPOWER LICENSING. 
(a) LICENCES.—Section 4(e) of the Federal Power 
Act (16 U.S.C. 797(e)) is amended— 
(1) by striking ‘‘and’’ after ‘‘recreational oppor-
tunities,’’; and 
(2) by inserting ‘‘, and minimizing infringement 
on the useful exercise and enjoyment of property 
rights held by nonlicensees’’ after ‘‘aspects of envi-
ronmental quality’’. 
(b) PRIVATE LANDOWNERSHIP.—Section 10 of the 
Federal Power Act (16 U.S.C. 803) is amended— 
(1) in subsection (a)(1), by inserting ‘‘, includ-
ing minimizing infringement on the useful exercise
and enjoyment of property rights held by non-
licensees’’ after ‘‘section 4(e)’’; and 
(2) by adding at the end the following: 
‘‘(k) PRIVATE LANDOWNERSHIP.—In developing any 
recreational resource within the project boundary, the li-
censee shall consider private landownership as a means to 
encourage and facilitate— 
‘‘(1) private investment; and 
‘‘(2) increased tourism and recreational use.’’. 
SEC. 1202. EXTENSION OF TIME FOR FERC PROJECT IN-
VOLVING W. KERR SCOTT DAM. 
(a) IN GENERAL.—Notwithstanding the time period 
specified in section 13 of the Federal Power Act (16 
U.S.C. 806) that would otherwise apply to the Federal En-
ergy Regulatory Commission project numbered 12642, the 
Commission may, at the request of the licensee for the 
project, and after reasonable notice, in accordance with 
the good faith, due diligence, and public interest require-
ments of that section and the Commission’s procedures 
under that section, extend the time period during which 
the licensee is required to commence the construction of 
the project for up to 3 consecutive 2-year periods from 
the date of the expiration of the extension originally issued 
by the Commission.
(b) REINSTATEMENT OF EXPIRED LICENSE.—If the 
period required for commencement of construction of the 
project described in subsection (a) has expired prior to the 
date of the enactment of this Act, the Commission may 
reinstate the license effective as of the date of its expira-
tion and the first extension authorized under subsection 
(a) shall take effect on the date of such expiration. 
SEC. 1203. HYDROPOWER LICENSING AND PROCESS IM-
PROVEMENTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 34. HYDROPOWER LICENSING AND PROCESS IM-
PROVEMENTS. 
‘‘(a) DEFINITION.—In this section, the term ‘Federal 
authorization’— 
‘‘(1) means any authorization required under 
Federal law with respect to an application for a li-
cense, license amendment, or exemption under this 
part; and 
‘‘(2) includes any permits, special use author-
izations, certifications, opinions, or other approvals 
as may be required under Federal law to approve or 
implement the license, license amendment, or exemp-
tion under this part. 
‘‘(b) DESIGNATION AS LEAD AGENCY.—
‘‘(1) IN GENERAL.—The Commission shall act 
as the lead agency for the purposes of coordinating 
all applicable Federal authorizations and for the 
purposes of complying with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) OTHER AGENCIES AND INDIAN TRIBES.— 
‘‘(A) IN GENERAL.—Each Federal, State, 
and local government agency and Indian tribe 
considering an aspect of an application for Fed-
eral authorization shall coordinate with the 
Commission and comply with the deadline es-
tablished in the schedule developed for the 
project in accordance with the rule issued by 
the Commission under subsection (c). 
‘‘(B) IDENTIFICATION.—The Commission 
shall identify, as early as practicable after it is 
notified by the applicant of a project or facility 
requiring Commission action under this part, 
any Federal or State agency, local government, 
or Indian tribe that may consider an aspect of 
an application for a Federal authorization. 
‘‘(C) NOTIFICATION.— 
‘‘(i) IN GENERAL.—The Commission 
shall notify any agency and Indian tribe 
identified under subparagraph (B) of the
opportunity to participate in the process of 
reviewing an aspect of an application for a 
Federal authorization. 
‘‘(ii) DEADLINE.—Each agency and 
Indian tribe receiving a notice under clause 
(i) shall submit a response acknowledging 
receipt of the notice to the Commission 
within 30 days of receipt of such notice 
and request. 
‘‘(D) ISSUE IDENTIFICATION AND RESOLU-
TION.— 
‘‘(i) IDENTIFICATION
OF
ISSUES.— 
Federal, State, and local government agen-
cies and Indian tribes that may consider 
an aspect of an application for Federal au-
thorization shall identify, as early as pos-
sible, and share with the Commission and 
the applicant, any issues of concern identi-
fied during the pendency of the Commis-
sion’s action under this part relating to 
any Federal authorization that may delay 
or prevent the granting of such authoriza-
tion, including any issues that may prevent 
the agency or Indian tribe from meeting 
the schedule established for the project in
accordance with the rule issued by the 
Commission under subsection (c). 
‘‘(ii) ISSUE RESOLUTION.—The Com-
mission may forward any issue of concern 
identified under clause (i) to the heads of 
the relevant State and Federal agencies 
(including, in the case of scheduling con-
cerns identified by a State or local govern-
ment agency or Indian tribe, the Federal 
agency overseeing the delegated authority, 
or the Secretary of the Interior with re-
gard to scheduling concerns identified by 
an Indian tribe) for resolution. The Com-
mission and any relevant agency shall 
enter into a memorandum of under-
standing to facilitate interagency coordina-
tion and resolution of such issues of con-
cern, as appropriate. 
‘‘(c) SCHEDULE.— 
‘‘(1) COMMISSION RULEMAKING TO ESTABLISH 
PROCESS TO SET SCHEDULE.—Within 180 days of 
the date of enactment of this section the Commis-
sion shall, in consultation with the appropriate Fed-
eral agencies, issue a rule, after providing for notice 
and public comment, establishing a process for set-
ting a schedule following the filing of an application 
under this part for the review and disposition of 
each Federal authorization. 
‘‘(2) ELEMENTS
OF
SCHEDULING
RULE.—In 
issuing a rule under this subsection, the Commission 
shall ensure that the schedule for each Federal au-
thorization— 
‘‘(A) includes deadlines for actions by— 
‘‘(i) any Federal or State agency, local 
government, or Indian tribe that may con-
sider an aspect of an application for the 
Federal authorization; 
‘‘(ii) the applicant; 
‘‘(iii) the Commission; and 
‘‘(iv) other participants in a pro-
ceeding; 
‘‘(B) is developed in consultation with the 
applicant and any agency and Indian tribe that 
submits 
a 
response 
under 
subsection 
(b)(2)(C)(ii); 
‘‘(C) provides an opportunity for any Fed-
eral or State agency, local government, or In-
dian tribe that may consider an aspect of an 
application for the applicable Federal authoriza-
tion to identify and resolve issues of concern, as 
provided in subsection (b)(2)(D); 
‘‘(D) complies with applicable schedules es-
tablished under Federal and State law; 
‘‘(E) ensures expeditious completion of all 
proceedings required under Federal and State 
law, to the extent practicable; and 
‘‘(F) facilitates completion of Federal and 
State agency studies, reviews, and any other 
procedures required prior to, or concurrent 
with, the preparation of the Commission’s envi-
ronmental document required under the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(d) TRANSMISSION OF FINAL SCHEDULE.— 
‘‘(1) IN GENERAL.—For each application for a 
license, license amendment, or exemption under this 
part, the Commission shall establish a schedule in 
accordance with the rule issued by the Commission 
under subsection (c). The Commission shall publicly 
notice and transmit the final schedule to the appli-
cant and each agency and Indian tribe identified 
under subsection (b)(2)(B). 
‘‘(2) RESPONSE.—Each agency and Indian 
tribe receiving a schedule under this subsection shall
acknowledge receipt of such schedule in writing to 
the Commission within 30 days. 
‘‘(e) ADHERENCE
TO SCHEDULE.—All applicants, 
other licensing participants, and agencies and tribes con-
sidering an aspect of an application for a Federal author-
ization shall meet the deadlines set forth in the schedule 
established pursuant to subsection (d)(1). 
‘‘(f) APPLICATION PROCESSING.—The Commission, 
Federal, State, and local government agencies, and Indian 
tribes may allow an applicant seeking a Federal authoriza-
tion to fund a third-party contractor selected by such 
agency or tribe to assist in reviewing the application. All 
costs of an agency or tribe incurred pursuant to direct 
funding by the applicant, including all costs associated 
with the third party contractor, shall not be considered 
costs of the United States for the administration of this 
part under section 10(e). 
‘‘(g) COMMISSION RECOMMENDATION ON SCOPE OF 
ENVIRONMENTAL REVIEW.—For the purposes of coordi-
nating Federal authorizations for each project, the Com-
mission shall consult with and make a recommendation 
to agencies and Indian tribes receiving a schedule under 
subsection (d) on the scope of the environmental review 
for all Federal authorizations for such project. Each Fed-
eral and State agency and Indian tribe shall give due con-
sideration and may give deference to the Commission’s 
recommendations, to the extent appropriate under Federal 
law. 
‘‘(h) FAILURE TO MEET SCHEDULE.—A Federal, 
State, or local government agency or Indian tribe that an-
ticipates that it will be unable to complete its disposition 
of a Federal authorization by the deadline set forth in the 
schedule established under subsection (d)(1) may file for 
an extension as provided under section 313(b)(2). 
‘‘(i) CONSOLIDATED
RECORD.—The Commission 
shall, with the cooperation of Federal, State, and local 
government agencies and Indian tribes, maintain a com-
plete consolidated record of all decisions made or actions 
taken by the Commission or by a Federal administrative 
agency or officer (or State or local government agency or 
officer or Indian tribe acting under delegated Federal au-
thority) with respect to any Federal authorization. Such 
record shall constitute the record for judicial review under 
section 313(b).’’. 
SEC. 1204. JUDICIAL REVIEW OF DELAYED FEDERAL AU-
THORIZATIONS. 
Section 313(b) of the Federal Power Act (16 U.S.C. 
825l(b)) is amended— 
(1) by striking ‘‘(b) Any party’’ and inserting 
the following:
100 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any party’’; and 
(2) by adding at the end the following: 
‘‘(2) DELAY OF A FEDERAL AUTHORIZATION.— 
Any Federal, State, or local government agency or 
Indian tribe that will not complete its disposition of 
a Federal authorization by the deadline set forth in 
the schedule by the Commission under section 34 
may file for an extension in the United States court 
of appeals for any circuit wherein the project or pro-
posed project is located, or in the United States 
Court of Appeals for the District of Columbia. Such 
petition shall be filed not later than 30 days prior 
to such deadline. The court shall only grant an ex-
tension if the agency or tribe demonstrates, based on 
the record maintained under section 34, that it oth-
erwise complied with the requirements of section 34 
and that complying with the schedule set by the 
Commission would have prevented the agency or 
tribe from complying with applicable Federal or 
State law. If the court grants the extension, the 
court shall set a reasonable schedule and deadline, 
not to exceed 90 days, for the agency to act on re-
mand. If the court denies the extension, or if an 
agency or tribe does not file for an extension as pro-
101 
vided in this subsection and does not complete its 
disposition of a Federal authorization by the applica-
ble deadline, the Commission and applicant may 
move forward with the proposed action.’’. 
SEC. 1205. LICENSING STUDY IMPROVEMENTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1203, is further amended by 
adding at the end the following: 
‘‘SEC. 35. LICENSING STUDY IMPROVEMENTS. 
‘‘(a) IN GENERAL.—To facilitate the timely and effi-
cient completion of the license proceedings under this part, 
the Commission shall, in consultation with applicable Fed-
eral and State agencies and interested members of the 
public— 
‘‘(1) compile current and accepted best prac-
tices in performing studies required in such license 
proceedings, including methodologies and the design 
of studies to assess the full range of environmental 
impacts of a project that reflect the most recent 
peer-reviewed science; 
‘‘(2) compile a comprehensive collection of stud-
ies and data accessible to the public that could be 
used to inform license proceedings under this part; 
and
102 
‘‘(3) encourage license applicants, agencies, and 
Indian tribes to develop and use, for the purpose of 
fostering timely and efficient consideration of license 
applications, a limited number of open-source meth-
odologies and tools applicable across a wide array of 
projects, including water balance models and 
streamflow analyses. 
‘‘(b) USE OF STUDIES.—To the extent practicable, 
the Commission and other Federal, State, and local gov-
ernment agencies and Indian tribes considering an aspect 
of an application for Federal authorization shall use cur-
rent, accepted science toward studies and data in support 
of their actions. Any participant in a proceeding with re-
spect to a Federal authorization shall demonstrate a study 
requested by the party is not duplicative of current, exist-
ing studies that are applicable to the project. 
‘‘(c) BASIN-WIDE
OR
REGIONAL
REVIEW.—The 
Commission shall establish a program to develop com-
prehensive plans, at the request of project applicants, on 
a regional or basin-wide scale, in consultation with the ap-
plicants, appropriate Federal agencies, and affected 
States, local governments, and Indian tribes, in basins or 
regions with respect to which there are more than one 
project or application for a project. Upon such a request, 
the Commission, in consultation with the applicants, such
103 
Federal agencies, and affected States, local governments, 
and Indian tribes, may conduct or commission regional or 
basin-wide environmental studies, with the participation of 
at least 2 applicants. Any study conducted under this sub-
section shall apply only to a project with respect to which 
the applicant participates.’’. 
SEC. 1206. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1205, is further amended by 
adding at the end the following: 
‘‘SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
‘‘(a) DEFINITION.—For purposes of this section, a 
closed-loop pumped storage project is a project— 
‘‘(1) in which the upper and lower reservoirs do 
not impound or directly withdraw water from navi-
gable waters; or 
‘‘(2) that is not continuously connected to a 
naturally flowing water feature. 
‘‘(b) IN GENERAL.—As provided in this section, the 
Commission may issue and amend licenses and prelimi-
nary permits, as appropriate, for closed-loop pumped stor-
age projects. 
‘‘(c) DAM SAFETY.—Before issuing any license for a 
closed-loop pumped storage project, the Commission shall 
assess the safety of existing dams and other structures
104 
related to the project (including possible consequences as-
sociated with failure of such structures). 
‘‘(d) LICENSE
CONDITIONS.—With respect to a 
closed-loop pumped storage project, the authority of the 
Commission to impose conditions on a license under sec-
tions 4(e), 10(a), 10(g), and 10(j) shall not apply, and 
any condition included in or applicable to a closed-loop 
pumped storage project licensed under this section, includ-
ing any condition or other requirement of a Federal au-
thorization, shall be limited to those that are— 
‘‘(1) necessary to protect public safety; or 
‘‘(2) reasonable, economically feasible, and es-
sential to prevent loss of or damage to, or to miti-
gate adverse effects on, fish and wildlife resources 
directly caused by the construction and operation of 
the project, as compared to the environmental base-
line existing at the time the Commission completes 
its environmental review. 
‘‘(e) TRANSFERS.—Notwithstanding section 5, and 
regardless of whether the holder of a preliminary permit 
for a closed-loop pumped storage project claimed munic-
ipal preference under section 7(a) when obtaining the per-
mit, the Commission may, to facilitate development of a 
closed-loop pumped storage project—
105 
‘‘(1) add entities as joint permittees following 
issuance of a preliminary permit; and 
‘‘(2) transfer a license in part to one or more 
nonmunicipal entities as co-licensees with a munici-
pality.’’. 
SEC. 1207. LICENSE AMENDMENT IMPROVEMENTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1206, is further amended by 
adding at the end the following: 
‘‘SEC. 37. LICENSE AMENDMENT IMPROVEMENTS. 
‘‘(a) QUALIFYING PROJECT UPGRADES.— 
‘‘(1) IN GENERAL.—As provided in this section, 
the Commission may approve an application for an 
amendment to a license issued under this part for a 
qualifying project upgrade. 
‘‘(2) APPLICATION.—A licensee filing an appli-
cation for an amendment to a project license under 
this section shall include in such application infor-
mation sufficient to demonstrate that the proposed 
change to the project described in the application is 
a qualifying project upgrade. 
‘‘(3) INITIAL DETERMINATION.—Not later than 
15 days after receipt of an application under para-
graph (2), the Commission shall make an initial de-
termination as to whether the proposed change to
106 
the project described in the application for a license 
amendment is a qualifying project upgrade. The 
Commission shall publish its initial determination 
and issue notice of the application filed under para-
graph (2). Such notice shall solicit public comment 
on the initial determination within 45 days. 
‘‘(4) PUBLIC
COMMENT
ON
QUALIFYING
CRI-
TERIA.—The Commission shall accept public com-
ment regarding whether a proposed license amend-
ment is for a qualifying project upgrade for a period 
of 45 days beginning on the date of publication of 
a public notice described in paragraph (3), and 
shall— 
‘‘(A) if no entity contests whether the pro-
posed license amendment is for a qualifying 
project upgrade during such comment period, 
immediately publish a notice stating that the 
initial determination has not been contested; or 
‘‘(B) if an entity contests whether the pro-
posed license amendment is for a qualifying 
project upgrade during the comment period, 
issue a written determination in accordance 
with paragraph (5). 
‘‘(5) WRITTEN DETERMINATION.—If an entity 
contests whether the proposed license amendment is
107 
for a qualifying project upgrade during the comment 
period under paragraph (4), the Commission shall, 
not later than 30 days after the date of publication 
of the public notice of the initial determination 
under paragraph (3), issue a written determination 
as to whether the proposed license amendment is for 
a qualifying project upgrade. 
‘‘(6) PUBLIC COMMENT ON AMENDMENT APPLI-
CATION.—If no entity contests whether the proposed 
license amendment is for a qualifying project up-
grade during the comment period under paragraph 
(4) or the Commission issues a written determina-
tion under paragraph (5) that a proposed license 
amendment is a qualifying project upgrade, the 
Commission shall— 
‘‘(A) during the 60-day period beginning 
on the date of publication of a notice under 
paragraph (4)(A) or the date on which the 
Commission issues the written determination 
under paragraph (5), as applicable, solicit com-
ments from each Federal, State, and local gov-
ernment agency and Indian tribe considering an 
aspect of an application for Federal authoriza-
tion (as defined in section 34) with respect to 
the proposed license amendment, as well as
108 
other interested agencies, Indian tribes, and 
members of the public; and 
‘‘(B) during the 90-day period beginning 
on the date of publication of a notice under 
paragraph (4)(A) or the date on which the 
Commission issues the written determination 
under paragraph (5), as applicable, consult 
with— 
‘‘(i) appropriate Federal agencies and 
the State agency exercising administrative 
control over the fish and wildlife resources, 
and water quality and supply, of the State 
in which the qualifying project upgrade is 
located; 
‘‘(ii) any Federal department super-
vising any public lands or reservations oc-
cupied by the qualifying project upgrade; 
and 
‘‘(iii) any Indian tribe affected by the 
qualifying project upgrade. 
‘‘(7) FEDERAL AUTHORIZATIONS.—The sched-
ule established by the Commission under section 34 
for any project upgrade under this subsection shall 
require final disposition on all necessary Federal au-
thorizations (as defined in section 34), other than
109 
final action by the Commission, by not later than 
120 days after the date on which the Commission 
issues a notice under paragraph (4)(A) or a written 
determination under paragraph (5), as applicable. 
‘‘(8) COMMISSION ACTION.—Not later than 150 
days after the date on which the Commission issues 
a notice under paragraph (4)(A) or a written deter-
mination under paragraph (5), as applicable, the 
Commission shall take final action on the license 
amendment application. 
‘‘(9) LICENSE AMENDMENT CONDITIONS.—Any 
condition included in or applicable to a license 
amendment approved under this subsection, includ-
ing any condition or other requirement of a Federal 
authorization, shall be limited to those that are— 
‘‘(A) necessary to protect public safety; or 
‘‘(B) reasonable, economically feasible, and 
essential to prevent loss of or damage to, or to 
mitigate adverse effects on, fish and wildlife re-
sources, water supply, and water quality that 
are directly caused by the construction and op-
eration of the qualifying project upgrade, as 
compared to the environmental baseline existing 
at the time the Commission approves the appli-
cation for the license amendment.
110 
‘‘(10) PROPOSED LICENSE AMENDMENTS THAT 
ARE NOT QUALIFYING PROJECT UPGRADES.—If the 
Commission determines under paragraph (3) or (5) 
that a proposed license amendment is not for a 
qualifying project upgrade, the procedures under 
paragraphs (6) through (9) shall not apply to the 
application. 
‘‘(11) RULEMAKING.—Not later than 180 days 
after the date of enactment of this section, the Com-
mission shall, after notice and opportunity for public 
comment, issue a rule to implement this subsection. 
‘‘(12) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) QUALIFYING
PROJECT
UPGRADE.— 
The term ‘qualifying project upgrade’ means a 
change to a project licensed under this part 
that meets the qualifying criteria, as deter-
mined by the Commission. 
‘‘(B) QUALIFYING
CRITERIA.—The term 
‘qualifying criteria’ means, with respect to a 
project license under this part, a change to the 
project that— 
‘‘(i) if carried out, would be unlikely 
to adversely affect any species listed as 
threatened or endangered under the En-
111 
dangered Species Act of 1973 or result in 
the destruction or adverse modification of 
critical habitat, as determined in consulta-
tion with the Secretary of the Interior or 
Secretary of Commerce, as appropriate, in 
accordance with section 7 of the Endan-
gered Species Act of 1973; 
‘‘(ii) is consistent with any applicable 
comprehensive plan under section 10(a)(2); 
‘‘(iii) includes only changes to project 
lands, waters, or operations that, in the 
judgment of the Commission, would result 
in only insignificant or minimal cumulative 
adverse environmental effects; 
‘‘(iv) would be unlikely to adversely 
affect water quality and water supply; and 
‘‘(v) proposes to implement— 
‘‘(I) capacity increases, efficiency 
improvements, or other enhancements 
to hydropower generation at the li-
censed project; 
‘‘(II) environmental protection, 
mitigation, or enhancement measures 
to benefit fish and wildlife resources
112 
or other natural and cultural re-
sources; or 
‘‘(III) improvements to public 
recreation at the licensed project. 
‘‘(b) AMENDMENT APPROVAL PROCESSES.— 
‘‘(1) RULE.—Not later than 1 year after the 
date of enactment of this section, the Commission 
shall, after notice and opportunity for public com-
ment, issue a rule establishing new standards and 
procedures for license amendment applications under 
this part. In issuing such rule, the Commission shall 
seek to develop the most efficient and expedient 
process, consultation, and review requirements, com-
mensurate with the scope of different categories of 
proposed license amendments. Such rule shall ac-
count for differences in environmental effects across 
a wide range of categories of license amendment ap-
plications. 
‘‘(2) CAPACITY.—In issuing a rule under this 
subsection, the Commission shall take into consider-
ation that a change in generating or hydraulic ca-
pacity may indicate the potential environmental ef-
fects of a proposed amendment but is not determina-
tive of such effects.
113 
‘‘(3) PROCESS
OPTIONS.—In issuing a rule 
under this subsection, the Commission shall take 
into consideration the range of process options avail-
able under the Commission’s regulations for new 
and original license applications and adapt such op-
tions to amendment applications, where appro-
priate.’’. 
SEC. 1208. PROMOTING HYDROPOWER DEVELOPMENT AT 
EXISTING NONPOWERED DAMS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1207, is further amended by 
adding at the end the following: 
‘‘SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT 
EXISTING NONPOWERED DAMS. 
‘‘(a) EXEMPTIONS FOR QUALIFYING FACILITIES.— 
‘‘(1) EXEMPTION QUALIFICATIONS.—Subject to 
the requirements of this subsection, the Commission 
may grant an exemption in whole or in part from 
the requirements of this part, including any license 
requirements contained in this part, to any facility 
the Commission determines is a qualifying facility. 
‘‘(2) CONSULTATION
WITH
FEDERAL
AND 
STATE AGENCIES.—In granting any exemption under 
this subsection, the Commission shall consult with—
114 
‘‘(A) the United States Fish and Wildlife 
Service, the National Marine Fisheries Service, 
and the State agency exercising administrative 
control over the fish and wildlife resources of 
the State in which the facility will be located, 
in the manner provided by the Fish and Wild-
life Coordination Act; 
‘‘(B) any Federal department supervising 
any public lands or reservations occupied by the 
project; and 
‘‘(C) any Indian tribe affected by the 
project. 
‘‘(3) EXEMPTION CONDITIONS.— 
‘‘(A) IN GENERAL.—The Commission shall 
include in any exemption granted under this 
subsection only such terms and conditions that 
the Commission determines are— 
‘‘(i) necessary to protect public safety; 
or 
‘‘(ii) reasonable, economically feasible, 
and essential to prevent loss of or damage 
to, or to mitigate adverse effects on, fish 
and wildlife resources directly caused by 
the construction and operation of the 
qualifying facility, as compared to the envi-
115 
ronmental baseline existing at the time the 
Commission grants the exemption. 
‘‘(B) NO
CHANGES
TO
RELEASE
RE-
GIME.—No Federal authorization required with 
respect to a qualifying facility described in 
paragraph (1), including an exemption granted 
by the Commission under this subsection, may 
include any condition or other requirement that 
results in any material change to the storage, 
control, withdrawal, diversion, release, or flow 
operations of the associated qualifying nonpow-
ered dam. 
‘‘(4) ENVIRONMENTAL REVIEW.—The Commis-
sion’s environmental review under the National En-
vironmental Policy Act of 1969 of a proposed ex-
emption under this subsection shall consist only of 
an environmental assessment, unless the Commis-
sion determines, by rule or order, that the Commis-
sion’s obligations under such Act for granting ex-
emptions under this subsection can be met through 
a categorical exclusion. 
‘‘(5) VIOLATION OF TERMS OF EXEMPTION.— 
Any violation of a term or condition of any exemp-
tion granted under this subsection shall be treated
116 
as a violation of a rule or order of the Commission 
under this Act. 
‘‘(6) ANNUAL
CHARGES
FOR
ENHANCEMENT 
ACTIVITIES.—Exemptees under this subsection for 
any facility located at a non-Federal dam shall pay 
to the United States reasonable annual charges in 
an amount to be fixed by the Commission for the 
purpose of funding environmental enhancement 
projects in watersheds in which facilities exempted 
under this subsection are located. Such annual 
charges shall be equivalent to the annual charges for 
use of a Government dam under section 10(e), un-
less the Commission determines, by rule, that a 
lower charge is appropriate to protect exemptees’ in-
vestment in the project or avoid increasing the price 
to consumers of power due to such charges. The pro-
ceeds of charges made by the Commission under this 
paragraph shall be paid into the Treasury of the 
United States and credited to miscellaneous receipts. 
Subject to annual appropriation Acts, such proceeds 
shall be available to Federal and State fish and wild-
life agencies for purposes of carrying out specific en-
vironmental enhancement projects in watersheds in 
which one or more facilities exempted under this 
subsection are located. Not later than 180 days after
117 
the date of enactment of this section, the Commis-
sion shall establish rules, after notice and oppor-
tunity for public comment, for the collection and ad-
ministration of annual charges under this para-
graph. 
‘‘(7) EFFECT OF JURISDICTION.—The jurisdic-
tion of the Commission over any qualifying facility 
exempted under this subsection shall extend only to 
the qualifying facility exempted and any associated 
primary transmission line, and shall not extend to 
any conduit, dam, impoundment, shoreline or other 
land, or any other project work associated with the 
qualifying facility exempted under this subsection. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) FEDERAL
AUTHORIZATION.—The term 
‘Federal authorization’ has the same meaning as 
provided in section 34. 
‘‘(2) QUALIFYING CRITERIA.—The term ‘quali-
fying criteria’ means, with respect to a facility— 
‘‘(A) as of the date of enactment of this 
section, the facility is not licensed under, or ex-
empted from the license requirements contained 
in, this part; 
‘‘(B) the facility will be associated with a 
qualifying nonpowered dam;
118 
‘‘(C) the facility will be constructed, oper-
ated, and maintained for the generation of elec-
tric power; 
‘‘(D) the facility will use for such genera-
tion any withdrawals, diversions, releases, or 
flows from the associated qualifying nonpow-
ered dam, including its associated impoundment 
or other infrastructure; and 
‘‘(E) the operation of the facility will not 
result in any material change to the storage, 
control, withdrawal, diversion, release, or flow 
operations of the associated qualifying nonpow-
ered dam. 
‘‘(3) QUALIFYING FACILITY.—The term ‘quali-
fying facility’ means a facility that is determined 
under this section to meet the qualifying criteria. 
‘‘(4) QUALIFYING
NONPOWERED
DAM.—The 
term ‘qualifying nonpowered dam’ means any dam, 
dike, embankment, or other barrier— 
‘‘(A) the construction of which was com-
pleted on or before the date of enactment of 
this section; 
‘‘(B) that is operated for the control, re-
lease, or distribution of water for agricultural, 
municipal, navigational, industrial, commercial,
119 
environmental, recreational, aesthetic, or flood 
control purposes; 
‘‘(C) that, as of the date of enactment of 
this section, is not equipped with hydropower 
generating works that are licensed under, or ex-
empted from the license requirements contained 
in, this part; and 
‘‘(D) that, in the case of a non-Federal 
dam, has been certified by an independent con-
sultant approved by the Commission as com-
plying with the Commission’s dam safety re-
quirements.’’. 
TITLE II—ENERGY SECURITY 
AND DIPLOMACY 
SEC. 2001. SENSE OF CONGRESS. 
Congress finds the following: 
(1) North America’s energy revolution has sig-
nificantly enhanced energy security in the United 
States, and fundamentally changed the Nation’s en-
ergy future from that of scarcity to abundance. 
(2) North America’s energy abundance has in-
creased global energy supplies and reduced the price 
of energy for consumers in the United States and 
abroad.
120 
(3) Allies and trading partners of the United 
States, including in Europe and Asia, are seeking 
stable and affordable energy supplies from North 
America to enhance their energy security. 
(4) The United States has an opportunity to 
improve its energy security and promote greater sta-
bility and affordability of energy supplies for its al-
lies and trading partners through a more integrated, 
secure, and competitive North American energy sys-
tem. 
(5) The United States also has an opportunity 
to promote such objectives by supporting the free 
flow of energy commodities and more open, trans-
parent, and competitive global energy markets, and 
through greater Federal agency coordination relating 
to regulations or agency actions that significantly af-
fect the supply, distribution, or use of energy. 
SEC. 2002. ENERGY SECURITY VALUATION. 
(a) ESTABLISHMENT OF ENERGY SECURITY VALU-
ATION METHODS.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy, in col-
laboration with the Secretary of State, shall develop and 
transmit, after public notice and comment, to the Com-
mittee on Energy and Commerce, the Committee on 
Science, Space, and Technology, and the Committee on
121 
Foreign Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources, the Com-
mittee on Commerce, Science, and Transportation, and 
the Committee on Foreign Relations of the Senate a re-
port that develops recommended United States energy se-
curity valuation methods. In developing the report, the 
Secretaries may consider the recommendations of the Ad-
ministration’s Quadrennial Energy Review released on 
April 21, 2015. The report shall— 
(1) evaluate and define United States energy 
security to reflect modern domestic and global en-
ergy markets and the collective needs of the United 
States and its allies and partners; 
(2) identify transparent and uniform or coordi-
nated procedures and criteria to ensure that energy- 
related actions that significantly affect the supply, 
distribution, transportation, or use of energy are 
evaluated with respect to their potential impact on 
energy security, including their impact on— 
(A) consumers and the economy; 
(B) energy supply diversity and resiliency; 
(C) well-functioning and competitive en-
ergy markets; 
(D) United States trade balance; and 
(E) national security objectives; and
122 
(3) include a recommended implementation 
strategy that identifies and aims to ensure that the 
procedures and criteria referred to in paragraph (2) 
are— 
(A) evaluated consistently across the Fed-
eral Government; and 
(B) weighed appropriately and balanced 
with environmental considerations required by 
Federal law. 
(b) PARTICIPATION.—In developing the report re-
ferred to in subsection (a), the Secretaries may consult 
with relevant Federal, State, private sector, and inter-
national participants, as appropriate and consistent with 
applicable law. 
SEC. 2003. NORTH AMERICAN ENERGY SECURITY PLAN. 
(a) REQUIREMENT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Energy, 
in collaboration with the Secretary of State, shall develop 
and transmit to the Committee on Energy and Commerce 
and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Energy and Nat-
ural Resources and the Committee on Foreign Relations 
of the Senate the plan described in subsection (b). 
(b) PURPOSE.—The plan referred to in subsection (a) 
shall include—
123 
(1) a recommended framework and implementa-
tion strategy to— 
(A) improve planning and coordination 
with Canada and Mexico to enhance energy in-
tegration, strengthen North American energy 
security, and promote efficiencies in the explo-
ration, production, storage, supply, distribution, 
marketing, pricing, and regulation of North 
American energy resources; and 
(B) address— 
(i) North American energy public 
data, statistics, and mapping collaboration; 
(ii) responsible and sustainable best 
practices for the development of unconven-
tional oil and natural gas; and 
(iii) modern, resilient energy infra-
structure for North America, including 
physical infrastructure as well as institu-
tional infrastructure such as policies, regu-
lations, and practices relating to energy de-
velopment; and 
(2) a recommended framework and implementa-
tion strategy to improve collaboration with Carib-
bean and Central American partners on energy secu-
rity, including actions to support—
124 
(A) more open, transparent, and competi-
tive energy markets; 
(B) regulatory capacity building; 
(C) improvements to energy transmission 
and storage; and 
(D) improvements to the performance of 
energy infrastructure and efficiency. 
(c) PARTICIPATION.—In developing the plan referred 
to in subsection (a), the Secretaries may consult with 
other Federal, State, private sector, and international par-
ticipants, as appropriate and consistent with applicable 
law. 
SEC. 2004. COLLECTIVE ENERGY SECURITY. 
(a) IN GENERAL.—The Secretary of Energy and the 
Secretary of State shall collaborate to strengthen domestic 
energy security and the energy security of the allies and 
trading partners of the United States, including through 
actions that support or facilitate— 
(1) energy diplomacy; 
(2) the delivery of United States assistance, in-
cluding energy resources and technologies, to pre-
vent or mitigate an energy security crisis; 
(3) the development of environmentally and 
commercially sustainable energy resources;
125 
(4) open, transparent, and competitive energy 
markets; and 
(5) regulatory capacity building. 
(b) ENERGY SECURITY FORUMS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
of Energy, in collaboration with the Secretary of State, 
shall convene not less than 2 forums to promote the collec-
tive energy security of the United States and its allies and 
trading partners. The forums shall include participation 
by the Secretary of Energy and the Secretary of State. 
In addition, an invitation shall be extended to— 
(1) appropriate representatives of foreign gov-
ernments that are allies or trading partners of the 
United States; and 
(2) independent experts and industry represent-
atives. 
(c) REQUIREMENTS.—The forums shall— 
(1) consist of at least 1 Trans-Atlantic and 1 
Trans-Pacific energy security forum; 
(2) be designed to foster dialogue among gov-
ernment officials, independent experts, and industry 
representatives regarding— 
(A) the current state of global energy mar-
kets;
126 
(B) trade and investment issues relevant to 
energy; and 
(C) barriers to more open, competitive, and 
transparent energy markets; and 
(3) be recorded and made publicly available on 
the Department of Energy’s website, including, not 
later than 30 days after each forum, publication on 
the website any significant outcomes. 
(d) NOTIFICATION.—At least 30 days before each of 
the forums referred to in subsection (b), the Secretary of 
Energy shall send a notification regarding the forum to— 
(1) the chair and the ranking minority member 
of the Committee on Energy and Commerce and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the chair and ranking minority member of 
the Committee on Energy and Natural Resources 
and the Committee on Foreign Relations of the Sen-
ate. 
SEC. 2005. AUTHORIZATION TO EXPORT NATURAL GAS. 
(a) DECISION DEADLINE.—For proposals that must 
also obtain authorization from the Federal Energy Regu-
latory Commission or the United States Maritime Admin-
istration to site, construct, expand, or operate LNG export 
facilities, the Department of Energy shall issue a final de-
127 
cision on any application for the authorization to export 
natural gas under section 3 of the Natural Gas Act (15 
U.S.C. 717b) not later than 30 days after the later of— 
(1) the conclusion of the review to site, con-
struct, expand, or operate the LNG facilities re-
quired by the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); or 
(2) the date of enactment of this Act. 
(b) CONCLUSION OF REVIEW.—For purposes of sub-
section (a), review required by the National Environ-
mental Policy Act of 1969 shall be considered concluded— 
(1) for a project requiring an Environmental 
Impact Statement, 30 days after publication of a 
Final Environmental Impact Statement; 
(2) for a project for which an Environmental 
Assessment has been prepared, 30 days after publi-
cation by the Department of Energy of a Finding of 
No Significant Impact; and 
(3) upon a determination by the lead agency 
that an application is eligible for a categorical exclu-
sion pursuant to National Environmental Policy Act 
of 1969 implementing regulations. 
(c) PUBLIC DISCLOSURE
OF EXPORT DESTINA-
TIONS.—Section 3 of the Natural Gas Act (15 U.S.C. 
717b) is amended by adding at the end the following:
128 
‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT DES-
TINATIONS.—As a condition for approval of any authoriza-
tion to export LNG, the Secretary of Energy shall require 
the applicant to publicly disclose the specific destination 
or destinations of any such authorized LNG exports.’’. 
SEC. 2006. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT 
FACILITIES. 
Notwithstanding any other provision of law, including 
any other provision of this Act and any amendment made 
by this Act, to the extent that the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies to 
the issuance of a permit for the construction, operation, 
or maintenance of a facility for the export of bulk com-
modities, no such permit may be denied until each applica-
ble Federal agency has completed all reviews required for 
the facility under such Act. 
SEC. 2007. AUTHORIZATION OF CROSS-BORDER INFRA-
STRUCTURE PROJECTS. 
(a) FINDING.—Congress finds that the United States 
should establish a more uniform, transparent, and modern 
process for the construction, connection, operation, and 
maintenance of pipelines and electric transmission facili-
ties for the import and export of liquid products, including 
water and petroleum, and natural gas and the trans-
mission of electricity to and from Canada and Mexico.
129 
(b) AUTHORIZATION OF CERTAIN INFRASTRUCTURE 
PROJECTS
AT
THE
NATIONAL
BOUNDARY
OF
THE 
UNITED STATES.— 
(1) REQUIREMENT.—No person may construct, 
connect, operate, or maintain a cross-border segment 
of a pipeline or electric transmission facility for the 
import or export of liquid products or natural gas, 
or the transmission of electricity, to or from Canada 
or Mexico without obtaining a certificate of crossing 
for such construction, connection, operation, or 
maintenance under this subsection. 
(2) CERTIFICATE OF CROSSING.— 
(A) ISSUANCE.— 
(i) IN GENERAL.—Not later than 120 
days after final action is taken under the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) with respect 
to a cross-border segment described in 
paragraph (1), the relevant official identi-
fied under subparagraph (B), in consulta-
tion with appropriate Federal agencies, 
shall issue a certificate of crossing for the 
cross-border segment unless the relevant 
official finds that the construction, connec-
tion, operation, or maintenance of the
130 
cross-border segment is not in the public 
interest of the United States. 
(ii) NATURAL GAS.—For the purposes 
of natural gas pipelines, a finding with re-
spect to the public interest under section 
3(a) of the Natural Gas Act (15 U.S.C. 
717b(a)) shall serve as a finding under 
clause (i) of this subparagraph. 
(B) RELEVANT
OFFICIAL.—The relevant 
official referred to in subparagraph (A) is— 
(i) the Secretary of State with respect 
to liquid pipelines; 
(ii) the Federal Energy Regulatory 
Commission with respect to natural gas 
pipelines; and 
(iii) the Secretary of Energy with re-
spect to electric transmission facilities. 
(C) 
ADDITIONAL
REQUIREMENT
FOR 
ELECTRIC
TRANSMISSION
FACILITIES.—The 
Secretary of Energy shall require, as a condi-
tion of issuing a certificate of crossing for an 
electric transmission facility, that the cross-bor-
der segment be constructed, connected, oper-
ated, or maintained consistent with all applica-
ble policies and standards of—
131 
(i) the Electric Reliability Organiza-
tion and the applicable regional entity; and 
(ii) any Regional Transmission Orga-
nization or Independent System Operator 
with operational or functional control over 
the cross-border segment of the electric 
transmission facility. 
(3) MODIFICATIONS TO EXISTING PROJECTS.— 
No certificate of crossing shall be required under 
this subsection for a change in ownership, volume 
expansion, downstream or upstream interconnection, 
or adjustment to maintain flow (such as a reduction 
or increase in the number of pump or compressor 
stations) with respect to a liquid or natural gas pipe-
line or electric transmission facility unless such 
modification would result in a significant impact at 
the national boundary. 
(4) EFFECT OF OTHER LAWS.—Nothing in this 
subsection shall affect the application of any other 
Federal statute (including the Natural Gas Act and 
the Energy Policy and Conservation Act) to a 
project for which a certificate of crossing is sought 
under this subsection. 
(c) IMPORTATION OR EXPORTATION OF NATURAL 
GAS TO CANADA AND MEXICO.—Section 3(c) of the Nat-
132 
ural Gas Act (15 U.S.C. 717b(c)) is amended by adding 
at the end the following: ‘‘In the case of an application 
for the importation or exportation of natural gas to or 
from Canada or Mexico, the Commission shall grant the 
application not later than 30 days after the date of receipt 
of the complete application.’’. 
(d) TRANSMISSION OF ELECTRIC ENERGY TO CAN-
ADA AND MEXICO.— 
(1) REPEAL
OF
REQUIREMENT
TO
SECURE 
ORDER.—Section 202(e) of the Federal Power Act 
(16 U.S.C. 824a(e)) is repealed. 
(2) CONFORMING AMENDMENTS.— 
(A) STATE REGULATIONS.—Section 202(f) 
of the Federal Power Act (16 U.S.C. 824a(f)) 
is amended by striking ‘‘insofar as such State 
regulation does not conflict with the exercise of 
the Commission’s powers under or relating to 
subsection 202(e)’’. 
(B) SEASONAL
DIVERSITY
ELECTRICITY 
EXCHANGE.—Section 602(b) of the Public Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 
824a–4(b)) is amended by striking ‘‘the Com-
mission has conducted hearings and made the 
findings required under section 202(e) of the 
Federal Power Act’’ and all that follows
133 
through the period at the end and inserting 
‘‘the Secretary has conducted hearings and 
finds that the proposed transmission facilities 
would not impair the sufficiency of electric sup-
ply within the United States or would not im-
pede or tend to impede the coordination in the 
public interest of facilities subject to the juris-
diction of the Secretary’’. 
(e) EFFECTIVE DATE; RULEMAKING DEADLINES.— 
(1) 
EFFECTIVE
DATE.—Subsections 
(b) 
through (d), and the amendments made by such 
subsections, shall take effect on January 20, 2017. 
(2) RULEMAKING DEADLINES.—Each relevant 
official described in subsection (b)(2)(B) shall— 
(A) not later than 180 days after the date 
of enactment of this Act, publish in the Federal 
Register notice of a proposed rulemaking to 
carry out the applicable requirements of sub-
section (b); and 
(B) not later than 1 year after the date of 
enactment of this Act, publish in the Federal 
Register a final rule to carry out the applicable 
requirements of subsection (b). 
(f) DEFINITIONS.—In this section—
134 
(1) the term ‘‘cross-border segment’’ means the 
portion of a liquid or natural gas pipeline or electric 
transmission facility that is located at the national 
boundary of the United States with either Canada or 
Mexico; 
(2) the terms ‘‘Electric Reliability Organiza-
tion’’ and ‘‘regional entity’’ have the meanings given 
those terms in section 215 of the Federal Power Act 
(16 U.S.C. 824o); 
(3) the terms ‘‘Independent System Operator’’ 
and ‘‘Regional Transmission Organization’’ have the 
meanings given those terms in section 3 of the Fed-
eral Power Act (16 U.S.C. 796); 
(4) the term ‘‘liquid’’ includes water, petroleum, 
petroleum product, and any other substance that 
flows through a pipeline other than natural gas; and 
(5) the term ‘‘natural gas’’ has the meaning 
given that term in section 2 of the Natural Gas Act 
(15 U.S.C. 717a). 
SEC. 2008. REPORT ON SMART METER SECURITY CON-
CERNS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy shall transmit to Con-
gress a report on the weaknesses in currently available 
smart meters’ security architecture and features, including
135 
an absence of event logging, as described in the Govern-
ment Accountability Office testimony entitled ‘‘Critical In-
frastructure Protection: Cybersecurity of the Nation’s 
Electricity Grid Requires Continued Attention’’ on Octo-
ber 21, 2015. 
TITLE III—ENERGY EFFICIENCY 
AND ACCOUNTABILITY 
Subtitle A—Energy Efficiency 
CHAPTER 1—FEDERAL AGENCY ENERGY 
EFFICIENCY 
SEC. 3111. ENERGY-EFFICIENT AND ENERGY-SAVING IN-
FORMATION TECHNOLOGIES. 
(a) AMENDMENT.—Subtitle C of title V of the En-
ergy Independence and Security Act of 2007 (Public Law 
110–140; 121 Stat. 1661) is amended by adding at the 
end the following: 
‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFOR-
MATION TECHNOLOGIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(2) INFORMATION
TECHNOLOGY.—The term 
‘information technology’ has the meaning given that
136 
term in section 11101 of title 40, United States 
Code. 
‘‘(b) DEVELOPMENT OF IMPLEMENTATION STRAT-
EGY.—Not later than 1 year after the date of enactment 
of this section, each Federal agency shall coordinate with 
the Director, the Secretary, and the Administrator of the 
Environmental Protection Agency to develop an implemen-
tation strategy (that includes best practices and measure-
ment and verification techniques) for the maintenance, 
purchase, and use by the Federal agency of energy-effi-
cient and energy-saving information technologies, taking 
into consideration the performance goals established under 
subsection (d). 
‘‘(c) ADMINISTRATION.—In developing an implemen-
tation strategy under subsection (b), each Federal agency 
shall consider— 
‘‘(1) advanced metering infrastructure; 
‘‘(2) energy-efficient data center strategies and 
methods of increasing asset and infrastructure utili-
zation; 
‘‘(3) advanced power management tools; 
‘‘(4) building information modeling, including 
building energy management; 
‘‘(5) secure telework and travel substitution 
tools; and
137 
‘‘(6) mechanisms to ensure that the agency re-
alizes the energy cost savings brought about through 
increased efficiency and utilization. 
‘‘(d) PERFORMANCE GOALS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this section, the Di-
rector, in consultation with the Secretary, shall es-
tablish performance goals for evaluating the efforts 
of Federal agencies in improving the maintenance, 
purchase, and use of energy-efficient and energy-sav-
ing information technology. 
‘‘(2) BEST PRACTICES.—The Chief Information 
Officers Council established under section 3603 of 
title 44, United States Code, shall recommend best 
practices for the attainment of the performance 
goals, which shall include Federal agency consider-
ation of, to the extent applicable by law, the use 
of— 
‘‘(A) energy savings performance con-
tracting; and 
‘‘(B) utility energy services contracting. 
‘‘(e) REPORTS.— 
‘‘(1) AGENCY REPORTS.—Each Federal agency 
shall include in the report of the agency under sec-
138 
tion 527 a description of the efforts and results of 
the agency under this section. 
‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS 
AND
SCORECARDS.—Effective beginning not later 
than October 1, 2017, the Director shall include in 
the annual report and scorecard of the Director re-
quired under section 528 a description of the efforts 
and results of Federal agencies under this section.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Independence and Security Act of 
2007 is amended by adding after the item relating to sec-
tion 529 the following: 
‘‘Sec. 530. Energy-efficient and energy-saving information technologies.’’. 
SEC. 3112. ENERGY EFFICIENT DATA CENTERS. 
Section 453 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17112) is amended— 
(1) in subsection (b)(2)(D)(iv), by striking ‘‘de-
termined by the organization’’ and inserting ‘‘pro-
posed by the stakeholders’’; 
(2) by striking subsection (b)(3); and 
(3) by striking subsections (c) through (g) and 
inserting the following: 
‘‘(c) STAKEHOLDER INVOLVEMENT.—The Secretary 
and the Administrator shall carry out subsection (b) in 
collaboration with the information technology industry and 
other key stakeholders, with the goal of producing results
139 
that accurately reflect the most relevant and useful infor-
mation available. In such collaboration, the Secretary and 
the Administrator shall pay particular attention to organi-
zations that— 
‘‘(1) have members with expertise in energy ef-
ficiency and in the development, operation, and 
functionality of data centers, information technology 
equipment, and software, such as representatives of 
hardware manufacturers, data center operators, and 
facility managers; 
‘‘(2) obtain and address input from Department 
of Energy National Laboratories or any college, uni-
versity, research institution, industry association, 
company, or public interest group with applicable ex-
pertise; 
‘‘(3) follow— 
‘‘(A) commonly accepted procedures for 
the development of specifications; and 
‘‘(B) accredited standards development 
processes; and 
‘‘(4) have a mission to promote energy effi-
ciency for data centers and information technology. 
‘‘(d) MEASUREMENTS
AND SPECIFICATIONS.—The 
Secretary and the Administrator shall consider and assess 
the adequacy of the specifications, measurements, best
140 
practices, and benchmarks described in subsection (b) for 
use by the Federal Energy Management Program, the En-
ergy Star Program, and other efficiency programs of the 
Department of Energy or the Environmental Protection 
Agency. 
‘‘(e) STUDY.—The Secretary, in collaboration with 
the Administrator, shall, not later than 18 months after 
the date of enactment of the North American Energy Se-
curity and Infrastructure Act of 2015, make available to 
the public an update to the Report to Congress on Server 
and Data Center Energy Efficiency published on August 
2, 2007, under section 1 of Public Law 109–431 (120 
Stat. 2920), that provides— 
‘‘(1) a comparison and gap analysis of the esti-
mates and projections contained in the original re-
port with new data regarding the period from 2008 
through 2015; 
‘‘(2) an analysis considering the impact of in-
formation technologies, including virtualization and 
cloud computing, in the public and private sectors; 
‘‘(3) an evaluation of the impact of the com-
bination of cloud platforms, mobile devices, social 
media, and big data on data center energy usage;
141 
‘‘(4) an evaluation of water usage in data cen-
ters and recommendations for reductions in such 
water usage; and 
‘‘(5) updated projections and recommendations 
for best practices through fiscal year 2020. 
‘‘(f) DATA CENTER ENERGY PRACTITIONER PRO-
GRAM.—The Secretary, in collaboration with key stake-
holders and the Director of the Office of Management and 
Budget, shall maintain a data center energy practitioner 
program that leads to the certification of energy practi-
tioners qualified to evaluate the energy usage and effi-
ciency opportunities in Federal data centers. Each Federal 
agency shall consider having the data centers of the agen-
cy evaluated every 4 years, in accordance with section 
543(f) of the National Energy Conservation Policy Act (42 
U.S.C. 8253), by energy practitioners certified pursuant 
to such program. 
‘‘(g) OPEN DATA INITIATIVE.—The Secretary, in col-
laboration with key stakeholders and the Director of the 
Office of Management and Budget, shall establish an open 
data initiative for Federal data center energy usage data, 
with the purpose of making such data available and acces-
sible in a manner that encourages further data center in-
novation, optimization, and consolidation. In establishing
142 
the initiative, the Secretary shall consider the use of the 
online Data Center Maturity Model. 
‘‘(h) 
INTERNATIONAL
SPECIFICATIONS
AND 
METRICS.—The Secretary, in collaboration with key 
stakeholders, shall actively participate in efforts to har-
monize global specifications and metrics for data center 
energy and water efficiency. 
‘‘(i) DATA CENTER UTILIZATION METRIC.—The Sec-
retary, in collaboration with key stakeholders, shall facili-
tate the development of an efficiency metric that measures 
the energy efficiency of a data center (including equipment 
and facilities). 
‘‘(j) PROTECTION OF PROPRIETARY INFORMATION.— 
The Secretary and the Administrator shall not disclose 
any proprietary information or trade secrets provided by 
any individual or company for the purposes of carrying 
out this section or the programs and initiatives established 
under this section.’’. 
SEC. 3113. REPORT ON ENERGY AND WATER SAVINGS PO-
TENTIAL FROM THERMAL INSULATION. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy, in con-
sultation with appropriate Federal agencies and relevant 
stakeholders, shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee
143 
on Energy and Commerce of the House of Representatives 
a report on the impact of thermal insulation on both en-
ergy and water use systems for potable hot and chilled 
water in Federal buildings, and the return on investment 
of installing such insulation. 
(b) CONTENTS.—The report shall include— 
(1) an analysis based on the cost of municipal 
or regional water for delivered water and the avoided 
cost of new water; and 
(2) a summary of energy and water savings, in-
cluding short-term and long-term (20 years) projec-
tions of such savings. 
SEC. 3114. BATTERY STORAGE REPORT. 
Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall transmit to Con-
gress a report on the potential of battery energy storage 
that answers the following questions: 
(1) How do existing Federal standards impact 
the development and deployment of battery storage 
systems? 
(2) What are the benefits of using existing bat-
tery storage technology, and what challenges exist to 
their widespread use? What are some examples of 
existing battery storage projects providing these ben-
efits?
144 
(3) What potential impact could large-scale bat-
tery storage and behind-the-meter battery storage 
have on renewable energy utilization? 
(4) What is the potential of battery technology 
for grid-scale use nationwide? What is the potential 
impact of battery technology on the national grid ca-
pabilities? 
(5) How much economic activity associated with 
large-scale and behind-the-meter battery storage 
technology is located in the United States? How 
many jobs do these industries account for? 
(6) What policies other than the Renewable En-
ergy Investment Tax Credit have research and avail-
able data shown to promote renewable energy use 
and storage technology deployment by State and 
local governments or private end-users? 
SEC. 3115. FEDERAL PURCHASE REQUIREMENT. 
(a) DEFINITIONS.—Section 203(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 15852(b)) is amended by 
striking paragraph (2) and inserting the following: 
‘‘(2) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means electric energy, or thermal en-
ergy if resulting from a thermal energy project 
placed in service after December 31, 2014, gen-
erated from, or avoided by, solar, wind, biomass,
145 
landfill gas, ocean (including tidal, wave, current, 
and thermal), geothermal, municipal solid waste (in 
accordance with subsection (e)), qualified waste heat 
resource, or new hydroelectric generation capacity 
achieved from increased efficiency or additions of 
new capacity at an existing hydroelectric project. 
‘‘(3) QUALIFIED WASTE HEAT RESOURCE.—The 
term ‘qualified waste heat resource’ means— 
‘‘(A) exhaust heat or flared gas from any 
industrial process; 
‘‘(B) waste gas or industrial tail gas that 
would otherwise be flared, incinerated, or vent-
ed; 
‘‘(C) a pressure drop in any gas for an in-
dustrial or commercial process; or 
‘‘(D) such other forms of waste heat as the 
Secretary determines appropriate.’’. 
(b) PAPER RECYCLING.—Section 203 of the Energy 
Policy Act of 2005 (42 U.S.C. 15852) is amended by add-
ing at the end the following: 
‘‘(e) PAPER RECYCLING.— 
‘‘(1) SEPARATE COLLECTION.—For purposes of 
this section, any Federal agency may consider elec-
tric energy generation purchased from a facility to
146 
be renewable energy if the municipal solid waste 
used by the facility to generate the electricity is— 
‘‘(A) separately collected (within the mean-
ing of section 246.101(z) of title 40, Code of 
Federal Regulations, as in effect on the date of 
enactment of the North American Energy Secu-
rity and Infrastructure Act of 2015) from 
paper that is commonly recycled; and 
‘‘(B) processed in a way that keeps paper 
that is commonly recycled segregated from non- 
recyclable solid waste. 
‘‘(2) INCIDENTAL INCLUSION.—Municipal solid 
waste used to generate electric energy that meets the 
conditions described in paragraph (1) shall be con-
sidered renewable energy even if the municipal solid 
waste contains incidental commonly recycled paper. 
‘‘(3) NO EFFECT ON EXISTING PROCESSES.— 
Nothing in paragraph (1) shall be interpreted to re-
quire a State or political subdivision of a State, di-
rectly or indirectly, to change the systems, processes, 
or equipment it uses to collect, treat, dispose of, or 
otherwise use municipal solid waste, within the 
meaning of the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.), nor require a change to the regula-
147 
tions that implement subtitle D of such Act (42 
U.S.C. 6941 et seq.).’’. 
SEC. 3116. ENERGY PERFORMANCE REQUIREMENT FOR 
FEDERAL BUILDINGS. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) ENERGY PERFORMANCE REQUIREMENT
FOR 
FEDERAL BUILDINGS.— 
‘‘(1) REQUIREMENT.—Subject to paragraph 
(2), each agency shall apply energy conservation 
measures to, and shall improve the design for the 
construction of, the Federal buildings of the agency 
(including each industrial or laboratory facility) so 
that the energy consumption per gross square foot 
of the Federal buildings of the agency in fiscal years 
2006 through 2017 is reduced, as compared with the 
energy consumption per gross square foot of the 
Federal buildings of the agency in fiscal year 2003, 
by the percentage specified in the following table: 
Percentage 
‘‘Fiscal Year 
Reduction 
2006 .............................................................................................
2007 .............................................................................................
2008 .............................................................................................
2009 .............................................................................................
2010 .............................................................................................
2011 .............................................................................................
2012 .............................................................................................
148 
Percentage 
‘‘Fiscal Year 
Reduction 
2013 .............................................................................................
2014 .............................................................................................
2015 .............................................................................................
2016 .............................................................................................
2017 .............................................................................................
36. 
‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY 
INTENSIVE ACTIVITIES.— 
‘‘(A) IN
GENERAL.—An agency may ex-
clude from the requirements of paragraph (1) 
any building (including the associated energy 
consumption and gross square footage) in which 
energy intensive activities are carried out. 
‘‘(B) REPORTS.—Each agency shall iden-
tify and list in each report made under section 
548(a) the buildings designated by the agency 
for exclusion under subparagraph (A). 
‘‘(3) REVIEW.—Not later than December 31, 
2017, the Secretary shall— 
‘‘(A) review the results of the implementa-
tion of the energy performance requirements es-
tablished under paragraph (1); and 
‘‘(B) based on the review conducted under 
subparagraph (A), submit to Congress a report 
that addresses the feasibility of requiring each 
agency to apply energy conservation measures 
to, and improve the design for the construction 
of, the Federal buildings of the agency (includ-
149 
ing each industrial or laboratory facility) so 
that the energy consumption per gross square 
foot of the Federal buildings of the agency in 
each of fiscal years 2018 through 2030 is re-
duced, as compared with the energy consump-
tion per gross square foot of the Federal build-
ings of the agency in the prior fiscal year, by 
3 percent.’’; and 
(2) in subsection (f)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(E), (F), and (G) as subparagraphs (F), 
(G), and (H), respectively; and 
(ii) by inserting after subparagraph 
(D) the following: 
‘‘(E) 
ONGOING
COMMISSIONING.—The 
term ‘ongoing commissioning’ means an ongo-
ing process of commissioning using monitored 
data, the primary goal of which is to ensure 
continuous optimum performance of a facility, 
in accordance with design or operating needs, 
over the useful life of the facility, while meeting 
facility occupancy requirements.’’; 
(B) in paragraph (2), by adding at the end 
the following:
150 
‘‘(C) ENERGY MANAGEMENT SYSTEM.—An 
energy manager designated under subparagraph 
(A) shall consider use of a system to manage 
energy use at the facility and certification of 
the facility in accordance with the International 
Organization 
for 
Standardization 
standard 
numbered 50001 and entitled ‘Energy Manage-
ment Systems’.’’; 
(C) by striking paragraphs (3) and (4) and 
inserting the following: 
‘‘(3) ENERGY AND WATER EVALUATIONS AND 
COMMISSIONING.— 
‘‘(A) EVALUATIONS.—Except as provided 
in subparagraph (B), effective beginning on the 
date that is 180 days after the date of enact-
ment of the North American Energy Security 
and Infrastructure Act of 2015, and annually 
thereafter, each energy manager shall complete, 
for each calendar year, a comprehensive energy 
and water evaluation and recommissioning or 
retrocommissioning for approximately 25 per-
cent of the facilities of that energy manager’s 
agency that meet the criteria under paragraph 
(2)(B) in a manner that ensures that an eval-
151 
uation of each facility is completed at least once 
every 4 years. 
‘‘(B) EXCEPTIONS.—An evaluation and re-
commissioning or recommissioning shall not be 
required under subparagraph (A) with respect 
to a facility that— 
‘‘(i) has had a comprehensive energy 
and water evaluation during the 8-year pe-
riod preceding the date of the evaluation; 
‘‘(ii)(I) has been commissioned, re-
commissioned, or retrocommissioned dur-
ing the 10-year period preceding the date 
of the evaluation; or 
‘‘(II) is under ongoing commissioning, 
recommissioning, or retrocommissioning; 
‘‘(iii) has not had a major change in 
function or use since the previous evalua-
tion and commissioning, recommissioning, 
or retrocommissioning; 
‘‘(iv) has been benchmarked with pub-
lic disclosure under paragraph (8) within 
the year preceding the evaluation; and 
‘‘(v)(I) based on the benchmarking, 
has achieved at a facility level the most re-
cent cumulative energy savings target
152 
under subsection (a) compared to the ear-
lier of— 
‘‘(aa) the date of the most recent 
evaluation; or 
‘‘(bb) the date— 
‘‘(AA) of the most recent 
commissioning, recommissioning, 
or retrocommissioning; or 
‘‘(BB) on which ongoing 
commissioning, recommissioning, 
or retrocommissioning began; or 
‘‘(II) has a long-term contract in 
place guaranteeing energy savings at least 
as great as the energy savings target under 
subclause (I). 
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND WATER EFFICIENCY MEASURES.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of completion of each evaluation 
under paragraph (3), each energy manager 
may— 
‘‘(i) implement any energy- or water- 
saving measure that the Federal agency 
identified in the evaluation conducted
153 
under paragraph (3) that is life-cycle cost 
effective; and 
‘‘(ii) bundle individual measures of 
varying paybacks together into combined 
projects. 
‘‘(B) MEASURES
NOT
IMPLEMENTED.— 
Each energy manager, as part of the certifi-
cation system under paragraph (7) and using 
guidelines developed by the Secretary, shall pro-
vide an explanation regarding any life-cycle 
cost-effective measures described in subpara-
graph (A)(i) that have not been implemented.’’; 
and 
(D) in paragraph (7)(C), by adding at the 
end the following: 
‘‘(iii) SUMMARY
REPORT.—The Sec-
retary shall make publicly available a re-
port that summarizes the information 
tracked under subparagraph (B)(i) by each 
agency and, as applicable, by each type of 
measure.’’.
154 
SEC. 3117. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE 
STANDARDS; 
CERTIFICATION 
SYSTEM AND LEVEL FOR FEDERAL BUILD-
INGS. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832) is amend-
ed— 
(1) in paragraph (6), by striking ‘‘to be con-
structed’’ and inserting ‘‘constructed or altered’’; 
and 
(2) by adding at the end the following: 
‘‘(17) MAJOR RENOVATION.—The term ‘major 
renovation’ means a modification of building energy 
systems sufficiently extensive that the whole building 
can meet energy standards for new buildings, based 
on criteria to be established by the Secretary 
through notice and comment rulemaking.’’. 
(b) FEDERAL BUILDING EFFICIENCY STANDARDS.— 
Section 305 of the Energy Conservation and Production 
Act (42 U.S.C. 6834) is amended— 
(1) in subsection (a)(3)— 
(A) by striking ‘‘(3)(A) Not later than’’ 
and all that follows through the end of subpara-
graph (B) and inserting the following:
155 
‘‘(3) REVISED FEDERAL BUILDING ENERGY EF-
FICIENCY
PERFORMANCE
STANDARDS; 
CERTIFI-
CATION FOR GREEN BUILDINGS.— 
‘‘(A) REVISED
FEDERAL
BUILDING
EN-
ERGY
EFFICIENCY
PERFORMANCE
STAND-
ARDS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
North American Energy Security and In-
frastructure Act of 2015, the Secretary 
shall establish, by rule, revised Federal 
building energy efficiency performance 
standards that require that— 
‘‘(I) new Federal buildings and 
alterations and additions to existing 
Federal buildings— 
‘‘(aa) meet or exceed the 
most recent revision of the IECC 
(in the case of residential build-
ings) or ASHRAE Standard 90.1 
(in the case of commercial build-
ings) as of the date of enactment 
of the North American Energy 
Security and Infrastructure Act 
of 2015; and
156 
‘‘(bb) meet or exceed the en-
ergy provisions of State and local 
building codes applicable to the 
building, if the codes are more 
stringent than the IECC or 
ASHRAE Standard 90.1, as ap-
plicable; 
‘‘(II) unless demonstrated not to 
be life-cycle cost effective for new 
Federal buildings and Federal build-
ings with major renovations— 
‘‘(aa) the buildings be de-
signed to achieve energy con-
sumption levels that are at least 
30 percent below the levels estab-
lished in the version of the 
ASHRAE Standard or the IECC, 
as appropriate, that is applied 
under subclause (I)(aa), includ-
ing updates under subparagraph 
(B); and 
‘‘(bb) 
sustainable 
design 
principles are applied to the loca-
tion, siting, design, and construc-
tion of all new Federal buildings
157 
and replacement Federal build-
ings; 
‘‘(III) if water is used to achieve 
energy efficiency, water conservation 
technologies shall be applied to the ex-
tent that the technologies are life- 
cycle cost effective; and 
‘‘(IV) if life-cycle cost effective, 
as compared to other reasonably avail-
able technologies, not less than 30 
percent of the hot water demand for 
each new Federal building or Federal 
building undergoing a major renova-
tion be met through the installation 
and use of solar hot water heaters. 
‘‘(ii) LIMITATION.—Clause (i)(I) shall 
not apply to unaltered portions of existing 
Federal buildings and systems that have 
been added to or altered. 
‘‘(B) UPDATES.—Not later than 1 year 
after the date of approval of each subsequent 
revision of ASHRAE Standard 90.1 or the 
IECC, as appropriate, the Secretary shall deter-
mine whether the revised standards established 
under subparagraph (A) should be updated to
158 
reflect the revisions, based on the energy sav-
ings and life-cycle cost effectiveness of the revi-
sions.’’; 
(B) in subparagraph (C), by striking ‘‘(C) 
In the budget request’’ and inserting the fol-
lowing: 
‘‘(C) BUDGET
REQUEST.—In the budget 
request’’; and 
(C) in subparagraph (D)— 
(i) by striking ‘‘(D) Not later than’’ 
and all that follows through the end of the 
first sentence of clause (i)(III) and insert-
ing the following: 
‘‘(D) CERTIFICATION FOR GREEN BUILD-
INGS.— 
‘‘(i) IN GENERAL.—’’; 
(ii) by striking clause (ii); 
(iii) in clause (iii), by striking ‘‘(iii) In 
identifying’’ and inserting the following: 
‘‘(ii) 
CONSIDERATIONS.—In 
identi-
fying’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘(iv) At least 
once’’ and inserting the following: 
‘‘(iii) STUDY.—At least once’’; and
159 
(II) by striking ‘‘clause (iii)’’ and 
inserting ‘‘clause (ii)’’; 
(v) in clause (v)— 
(I) by striking ‘‘(v) The Sec-
retary may’’ and inserting the fol-
lowing: 
‘‘(iv) INTERNAL CERTIFICATION PROC-
ESSES.—The Secretary may’’; and 
(II) by striking ‘‘clause (i)(III)’’ 
each place it appears and inserting 
‘‘clause (i)’’; 
(vi) in clause (vi)— 
(I) by striking ‘‘(vi) With re-
spect’’ and inserting the following: 
‘‘(v) PRIVATIZED
MILITARY
HOUS-
ING.—With respect’’; and 
(II) by striking ‘‘develop alter-
native criteria to those established by 
subclauses (I) and (III) of clause (i) 
that achieve an equivalent result in 
terms of energy savings, sustainable 
design, and’’ and inserting ‘‘develop 
alternative certification systems and 
levels than the systems and levels
160 
identified under clause (i) that achieve 
an equivalent result in terms of’’; and 
(vii) in clause (vii), by striking ‘‘(vii) 
In addition to’’ and inserting the following: 
‘‘(vi) WATER
CONSERVATION
TECH-
NOLOGIES.—In addition to’’; and 
(2) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) PERIODIC REVIEW.—The Secretary shall— 
‘‘(1) every 5 years, review the Federal building 
energy standards established under this section; and 
‘‘(2) on completion of a review under paragraph 
(1), if the Secretary determines that significant en-
ergy savings would result, upgrade the standards to 
include all new energy efficiency and renewable en-
ergy measures that are technologically feasible and 
economically justified.’’. 
SEC. 3118. OPERATION OF BATTERY RECHARGING STA-
TIONS IN PARKING AREAS USED BY FEDERAL 
EMPLOYEES. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—The head of any office of 
the Federal Government which owns or operates a 
parking area for the use of its employees (either di-
rectly or indirectly through a contractor) may in-
161 
stall, construct, operate, and maintain on a reim-
bursable basis a battery recharging station in such 
area for the use of privately owned vehicles of em-
ployees of the office and others who are authorized 
to park in such area. 
(2) USE OF VENDORS.—The head of an office 
may carry out paragraph (1) through a contract 
with a vendor, under such terms and conditions (in-
cluding terms relating to the allocation between the 
office and the vendor of the costs of carrying out the 
contract) as the head of the office and the vendor 
may agree to. 
(b) IMPOSITION OF FEES TO COVER COSTS.— 
(1) FEES.—The head of an office of the Fed-
eral Government which operates and maintains a 
battery recharging station under this section shall 
charge fees to the individuals who use the station in 
such amount as is necessary to ensure that office re-
covers all of the costs it incurs in installing, con-
structing, operating, and maintaining the station. 
(2) DEPOSIT
AND
AVAILABILITY
OF
FEES.— 
Any fees collected by the head of an office under this 
subsection shall be—
162 
(A) deposited monthly in the Treasury to 
the credit of the appropriations account for sal-
aries and expenses of the office; and 
(B) available for obligation without further 
appropriation during— 
(i) the fiscal year collected; and 
(ii) the fiscal year following the fiscal 
year collected. 
(c) NO
EFFECT
ON
EXISTING
PROGRAMS
FOR 
HOUSE AND SENATE.—Nothing in this section may be 
construed to affect the installation, construction, oper-
ation, or maintenance of battery recharging stations by 
the Architect of the Capitol— 
(1) under Public Law 112–170 (2 U.S.C. 
2171), relating to employees of the House of Rep-
resentatives and individuals authorized to park in 
any parking area under the jurisdiction of the House 
of Representatives on the Capitol Grounds; or 
(2) under Public Law 112–167 (2 U.S.C. 
2170), relating to employees of the Senate and indi-
viduals authorized to park in any parking area 
under the jurisdiction of the Senate on the Capitol 
Grounds. 
(d) EFFECTIVE DATE.—This section shall apply with 
respect to fiscal year 2016 and each succeeding fiscal year.
163 
SEC. 3119. REPORT ON ENERGY SAVINGS AND GREEN-
HOUSE GAS EMISSIONS REDUCTION FROM 
CONVERSION OF CAPTURED METHANE TO 
ENERGY. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy, in con-
sultation with appropriate Federal agencies and relevant 
stakeholders, shall submit to the Committee on Energy 
and Natural Resources of the Senate and the Committee 
on Energy and Commerce of the House of Representatives 
a report on the impact of captured methane converted for 
energy and power generation on Federal lands, Federal 
buildings, and relevant municipalities that use such gen-
eration, and the return on investment and reduction in 
greenhouse gas emissions of utilizing such power genera-
tion. 
(b) CONTENTS.—The report shall include— 
(1) a summary of energy performance and sav-
ings resulting from the utilization of such power 
generation, including short-term and long-term (20 
years) projections of such savings; and 
(2) an analysis of the reduction in greenhouse 
emissions resulting from the utilization of such 
power generation.
164 
CHAPTER 2—ENERGY EFFICIENT 
TECHNOLOGY AND MANUFACTURING 
SEC. 3121. INCLUSION OF SMART GRID CAPABILITY ON EN-
ERGY GUIDE LABELS. 
Section 324(a)(2) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6294(a)(2)) is amended by adding the 
following at the end: 
‘‘(J) SMART GRID CAPABILITY ON ENERGY 
GUIDE LABELS.— 
‘‘(i) RULE.—Not later than 1 year 
after the date of enactment of this sub-
paragraph, the Commission shall initiate a 
rulemaking to consider making a special 
note in a prominent manner on any En-
ergy Guide label for any product that in-
cludes Smart Grid capability that— 
‘‘(I) Smart Grid capability is a 
feature of that product; 
‘‘(II) the use and value of that 
feature depend on the Smart Grid ca-
pability of the utility system in which 
the product is installed and the active 
utilization of that feature by the cus-
tomer; and
165 
‘‘(III) on a utility system with 
Smart Grid capability, the use of the 
product’s Smart Grid capability could 
reduce the customer’s cost of the 
product’s annual operation as a result 
of the incremental energy and elec-
tricity cost savings that would result 
from the customer taking full advan-
tage of such Smart Grid capability. 
‘‘(ii) DEADLINE.—Not later than 3 
years after the date of enactment of this 
subparagraph, the Commission shall com-
plete the rulemaking initiated under clause 
(i).’’. 
SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 
CONDITIONING, 
FURNACE, 
BOILER, 
HEAT 
PUMP, AND WATER HEATER PRODUCTS. 
Section 326(b) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6296(b)) is amended by adding at 
the end the following: 
‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR 
AIR CONDITIONING, FURNACE, BOILER, HEAT PUMP, 
AND WATER HEATER PRODUCTS.— 
‘‘(A) RELIANCE
ON
VOLUNTARY
PRO-
GRAMS.—For the purpose of verifying compli-
166 
ance with energy conservation standards estab-
lished under sections 325 and 342 for covered 
products described in paragraphs (3), (4), (5), 
(9), and (11) of section 322(a) and covered 
equipment described in subparagraphs (B), (C), 
(D), (F), (I), (J), and (K) of section 340(1), 
the Secretary shall rely on testing conducted by 
recognized voluntary verification programs that 
are recognized by the Secretary in accordance 
with subparagraph (B). 
‘‘(B) 
RECOGNITION
OF
VOLUNTARY 
VERIFICATION PROGRAMS.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date of enactment of 
this paragraph, the Secretary shall initiate 
a negotiated rulemaking in accordance 
with subchapter III of chapter 5 of title 5, 
United States Code (commonly known as 
the ‘Negotiated Rulemaking Act of 1990’) 
to develop criteria that have consensus 
support for achieving recognition by the 
Secretary 
as 
an 
approved 
voluntary 
verification 
program. 
Any 
subsequent 
amendment to such criteria may be made 
only pursuant to a subsequent negotiated
167 
rulemaking in accordance with subchapter 
III of chapter 5 of title 5, United States 
Code. 
‘‘(ii) MINIMUM REQUIREMENTS.—The 
criteria developed under clause (i) shall, at 
a minimum, ensure that a voluntary 
verification program— 
‘‘(I) is nationally recognized; 
‘‘(II) is operated by a third party 
and not directly operated by a pro-
gram participant; 
‘‘(III) satisfies any applicable ele-
ments of— 
‘‘(aa) International Organi-
zation for Standardization stand-
ard numbered 17025; and 
‘‘(bb) any other relevant 
International Organization for 
Standardization standards identi-
fied and agreed to through the 
negotiated 
rulemaking 
under 
clause (i); 
‘‘(IV) at least annually tests 
independently obtained products fol-
lowing the test procedures established
168 
under this title to verify the certified 
rating of a representative sample of 
products and equipment within the 
scope of the program; 
‘‘(V) maintains a publicly avail-
able list of all ratings of products sub-
ject to verification; 
‘‘(VI) requires the changing of 
the performance rating or removal of 
the product or equipment from the 
program if testing determines that the 
performance rating does not meet the 
levels the manufacturer has certified 
to the Secretary; 
‘‘(VII) requires new program 
participants to substantiate ratings 
through test data generated in accord-
ance with Department of Energy reg-
ulations; 
‘‘(VIII) allows for challenge test-
ing of products and equipment within 
the scope of the program; 
‘‘(IX) requires program partici-
pants to disclose the performance rat-
ing of all covered products and equip-
169 
ment within the scope of the program 
for the covered product or equipment; 
‘‘(X) provides to the Secretary— 
‘‘(aa) an annual report of all 
test results, the contents of which 
shall be determined through the 
negotiated 
rulemaking 
process 
under clause (i); and 
‘‘(bb) test reports, on the re-
quest of the Secretary, that note 
any instructions specified by the 
manufacturer or the representa-
tive of the manufacturer for the 
purpose 
of 
conducting 
the 
verification testing; and 
‘‘(XI) satisfies any additional re-
quirements or standards that the Sec-
retary shall establish consistent with 
this subparagraph. 
‘‘(iii) CESSATION OF RECOGNITION.— 
The Secretary may only cease recognition 
of a voluntary verification program as an 
approved program described in subpara-
graph (A) upon a finding that the program 
is not meeting its obligations for compli-
170 
ance through program review criteria de-
veloped during the negotiated rulemaking 
conducted under subparagraph (B). 
‘‘(C) ADMINISTRATION.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall not require— 
‘‘(I) manufacturers to participate 
in a recognized voluntary verification 
program described in subparagraph 
(A); or 
‘‘(II) participating manufacturers 
to provide information that has al-
ready been provided to the Secretary. 
‘‘(ii) LIST OF COVERED PRODUCTS.— 
The Secretary may maintain a publicly 
available list of covered products and 
equipment 
that 
distinguishes 
between 
products that are and are not covered 
products and equipment verified through a 
recognized voluntary verification program 
described in subparagraph (A). 
‘‘(iii) PERIODIC VERIFICATION TEST-
ING.—The Secretary— 
‘‘(I) shall not subject products or 
equipment that have been verification
171 
tested under a recognized voluntary 
verification program described in sub-
paragraph (A) to periodic verification 
testing to verify the accuracy of the 
certified performance rating of the 
products or equipment; but 
‘‘(II) may require testing of prod-
ucts or equipment described in sub-
clause (I)— 
‘‘(aa) if the testing is nec-
essary— 
‘‘(AA) to assess the 
overall performance of a vol-
untary verification program; 
‘‘(BB) to address spe-
cific performance issues; 
‘‘(CC) for use in updat-
ing 
test 
procedures 
and 
standards; or 
‘‘(DD) for other pur-
poses consistent with this 
title; or 
‘‘(bb) if such testing is 
agreed to during the negotiated
172 
rulemaking conducted under sub-
paragraph (B). 
‘‘(D) EFFECT
ON
OTHER
AUTHORITY.— 
Nothing in this paragraph limits the authority 
of the Secretary to enforce compliance with any 
law.’’. 
SEC. 3123. FACILITATING CONSENSUS FURNACE STAND-
ARDS. 
(a) CONGRESSIONAL FINDINGS AND DECLARATION 
OF PURPOSE.— 
(1) FINDINGS.—Congress finds that— 
(A) acting pursuant to the requirements of 
section 325 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295), the Secretary of En-
ergy is considering amending the energy con-
servation standards applicable to residential 
nonweatherized gas furnaces and mobile home 
gas furnaces; 
(B) numerous stakeholders, representing 
manufacturers, distributors, and installers of 
residential nonweatherized gas furnaces and 
mobile home furnaces, natural gas utilities, 
home builders, multifamily property owners, 
and energy efficiency, environmental, and con-
sumer advocates have begun negotiations in an
173 
attempt to agree on a consensus recommenda-
tion to the Secretary on levels for such stand-
ards that will meet the statutory criteria; and 
(C) the stakeholders believe these negotia-
tions are likely to result in a consensus rec-
ommendation, but several of the stakeholders 
do not support suspending the current rule-
making. 
(2) PURPOSE.—It is the purpose of this section 
to provide the stakeholders described in paragraph 
(1) with an opportunity to continue negotiations for 
a limited time period to facilitate the proposal for 
adoption of standards that enjoy consensus support, 
while not delaying the current rulemaking except to 
the extent necessary to provide such opportunity. 
(b) OPPORTUNITY
FOR
A NEGOTIATED FURNACE 
STANDARD.—Section 325(f)(4) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(f)(4)) is amended by 
adding after subparagraph (D) the following: 
‘‘(E)(i) Unless the Secretary has published such a no-
tice prior to the date of enactment of this Act, the Sec-
retary shall publish, not later than October 31, 2015, a 
supplemental notice of proposed rulemaking or a notice 
of data availability updating the proposed rule entitled 
‘Energy Conservation Program for Consumer Products:
174 
Energy Conservation Standards for Residential Furnaces’ 
and published in the Federal Register on March 12, 2015 
(80 Fed. Reg. 13119), to provide notice and an oppor-
tunity for comment on— 
‘‘(I) dividing nonweatherized gas furnaces into 
two or more product classes with separate energy 
conservation standards based on capacity; and 
‘‘(II) any other matters the Secretary deter-
mines appropriate. 
‘‘(ii) On receipt of a statement that is submitted on 
or before January 1, 2016, jointly by interested persons 
that are fairly representative of relevant points of view, 
that contains recommended standards for nonweatherized 
gas furnaces and mobile home gas furnaces that are con-
sistent with the requirements of this part (except that the 
date on which such standards will apply may be earlier 
or later than the date required under this part), the Sec-
retary shall evaluate the standards proposed in the joint 
statement for consistency with the requirements of sub-
section (o), and shall publish notice of the potential adop-
tion of the standards proposed in the joint statement, 
modified as necessary to ensure consistency with sub-
section (o). The Secretary shall solicit public comment for 
a period of at least 30 days with respect to such notice.
175 
‘‘(iii) Not later than July 31, 2016, but not before 
July 1, 2016, the Secretary shall publish a final rule con-
taining a determination of whether the standards for non-
weatherized gas furnaces and mobile home gas furnaces 
should be amended. Such rule shall contain any such 
amendments to the standards.’’. 
SEC. 3124. NO WARRANTY FOR CERTAIN CERTIFIED EN-
ERGY STAR PRODUCTS. 
Section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a) is amended by adding at the end 
the following new subsection: 
‘‘(e) NO WARRANTY.— 
‘‘(1) IN GENERAL.—Any disclosure relating to 
participation of a product in the Energy Star pro-
gram shall not create an express or implied warranty 
or give rise to any private claims or rights of action 
under State or Federal law relating to the disquali-
fication of that product from Energy Star if— 
‘‘(A) the product has been certified by a 
certification body recognized by the Energy 
Star program; 
‘‘(B) the Administrator has approved cor-
rective measures, including a determination of 
whether or not consumer compensation is ap-
propriate; and
176 
‘‘(C) the responsible party has fully com-
plied with all approved corrective measures. 
‘‘(2) CONSTRUAL.—Nothing in this subsection 
shall be construed to require the Administrator to 
modify any procedure or take any other action.’’. 
SEC. 3125. CLARIFICATION TO EFFECTIVE DATE FOR RE-
GIONAL STANDARDS. 
Section 325(o)(6)(E)(ii) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amend-
ed by striking ‘‘installed’’ and inserting ‘‘manufactured or 
imported into the United States’’. 
SEC. 3126. INTERNET OF THINGS REPORT. 
The Secretary of Energy shall, not later than 18 
months after the date of enactment of this Act, report to 
the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Energy and 
Natural Resources of the Senate on the efforts made to 
take advantage of, and promote, the utilization of ad-
vanced technologies such as Internet of Things end-to-end 
platform solutions to provide real-time actionable analytics 
and enable predictive maintenance and asset management 
to improve energy efficiency wherever feasible. In doing 
so, the Secretary shall look to encourage and utilize Inter-
net of Things energy management solutions that have se-
curity tightly integrated into the hardware and software
177 
from the outset. The Secretary shall also encourage the 
use of Internet of Things solutions that enable seamless 
connectivity and that are interoperable, open standards- 
based, and built on a repeatable foundation for ease of 
scalability. 
SEC. 3127. ENERGY SAVINGS FROM LUBRICATING OIL. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy, in cooperation with 
the Administrator of the Environmental Protection Agen-
cy and the Director of Management and Budget, shall— 
(1) review and update the report prepared pur-
suant to section 1838 of the Energy Policy Act of 
2005; 
(2) after consultation with relevant Federal, 
State, and local agencies and affected industry and 
stakeholder groups, update data that was used in 
preparing that report; and 
(3) prepare and submit to Congress a coordi-
nated Federal strategy to increase the beneficial 
reuse of used lubricating oil, that— 
(A) is consistent with national policy as es-
tablished pursuant to section 2 of the Used Oil 
Recycling Act of 1980 (Public Law 96–463); 
and 
(B) addresses measures needed to—
178 
(i) increase the responsible collection 
of used oil; 
(ii) disseminate public information 
concerning sustainable reuse options for 
used oil; and 
(iii) promote sustainable reuse of used 
oil by Federal agencies, recipients of Fed-
eral grant funds, entities contracting with 
the Federal Government, and the general 
public. 
SEC. 3128. DEFINITION OF EXTERNAL POWER SUPPLY. 
Section 321(36)(A) of the Energy Policy and Con-
servation Act (42 U.S.C. 6291(36)(A)) is amended— 
(1) by striking the subparagraph designation 
and all that follows through ‘‘The term’’ and insert-
ing the following: 
‘‘(A) EXTERNAL POWER SUPPLY.— 
‘‘(i) IN GENERAL.—The term’’; and 
(2) by adding at the end the following: 
‘‘(ii) EXCLUSION.—The term ‘external 
power supply’ does not include a power 
supply circuit, driver, or device that is de-
signed exclusively to be connected to, and 
power—
179 
‘‘(I) light-emitting diodes pro-
viding illumination; or 
‘‘(II) organic light-emitting di-
odes providing illumination.’’. 
SEC. 3129. STANDARDS FOR POWER SUPPLY CIRCUITS CON-
NECTED TO LEDS OR OLEDS. 
(a) IN GENERAL.—Section 325(u) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6295(u)) is amended 
by adding at the end the following: 
‘‘(6) POWER SUPPLY CIRCUITS CONNECTED TO 
LEDS OR OLEDS.—Notwithstanding the exclusion de-
scribed in section 321(36)(A)(ii), the Secretary may 
prescribe, in accordance with subsections (o) and (p) 
and section 322(b), an energy conservation standard 
for a power supply circuit, driver, or device that is 
designed primarily to be connected to, and power, 
light-emitting diodes or organic light-emitting diodes 
providing illumination.’’. 
(b) ENERGY CONSERVATION STANDARDS.—Section 
346 of the Energy Policy and Conservation Act (42 U.S.C. 
6317) is amended by adding at the end the following: 
‘‘(g) 
ENERGY
CONSERVATION
STANDARD
FOR 
POWER SUPPLY CIRCUITS CONNECTED
TO LEDS OR 
OLEDS.—Not earlier than 1 year after applicable testing 
requirements are prescribed under section 343, the Sec-
180 
retary may prescribe an energy conservation standard for 
a power supply circuit, driver, or device that is designed 
primarily to be connected to, and power, light-emitting di-
odes or organic light-emitting diodes providing illumina-
tion.’’. 
CHAPTER 3—SCHOOL BUILDINGS 
SEC. 3131. COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS. 
Section 392 of the Energy Policy and Conservation 
Act (42 U.S.C. 6371a) is amended by adding at the end 
the following: 
‘‘(e) COORDINATION OF ENERGY RETROFITTING AS-
SISTANCE FOR SCHOOLS.— 
‘‘(1) 
DEFINITION
OF
SCHOOL.—Notwith-
standing section 391(6), for the purposes of this 
subsection, the term ‘school’ means— 
‘‘(A) an elementary school or secondary 
school (as defined in section 9101 of the Ele-
mentary and Secondary Education Act of 1965 
(20 U.S.C. 7801)); 
‘‘(B) an institution of higher education (as 
defined in section 102(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002(a))); 
‘‘(C) a school of the defense dependents’ 
education system under the Defense Depend-
181 
ents’ Education Act of 1978 (20 U.S.C. 921 et 
seq.) or established under section 2164 of title 
10, United States Code; 
‘‘(D) a school operated by the Bureau of 
Indian Affairs; 
‘‘(E) a tribally controlled school (as de-
fined in section 5212 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2511)); and 
‘‘(F) a Tribal College or University (as de-
fined in section 316(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(b))). 
‘‘(2) ESTABLISHMENT
OF
CLEARINGHOUSE.— 
The Secretary, acting through the Office of Energy 
Efficiency and Renewable Energy, shall establish a 
clearinghouse to disseminate information regarding 
available Federal programs and financing mecha-
nisms that may be used to help initiate, develop, and 
finance energy efficiency, distributed generation, and 
energy retrofitting projects for schools. 
‘‘(3) REQUIREMENTS.—In carrying out para-
graph (2), the Secretary shall— 
‘‘(A) consult with appropriate Federal 
agencies to develop a list of Federal programs 
and financing mechanisms that are, or may be,
182 
used for the purposes described in paragraph 
(2); and 
‘‘(B) coordinate with appropriate Federal 
agencies to develop a collaborative education 
and outreach effort to streamline communica-
tions and promote available Federal programs 
and financing mechanisms described in sub-
paragraph (A), which may include the develop-
ment and maintenance of a single online re-
source that includes contact information for rel-
evant technical assistance in the Office of En-
ergy Efficiency and Renewable Energy that 
States, local education agencies, and schools 
may use to effectively access and use such Fed-
eral programs and financing mechanisms.’’. 
CHAPTER 4—BUILDING ENERGY CODES 
SEC. 3141. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
(a) DEFINITIONS.—Section 303 of the Energy Con-
servation and Production Act (42 U.S.C. 6832), as 
amended by section 3116, is further amended— 
(1) by striking paragraph (14) and inserting 
the following: 
‘‘(14) MODEL BUILDING ENERGY CODE.—The 
term ‘model building energy code’ means a voluntary
183 
building energy code or standard developed and up-
dated through a consensus process among interested 
persons, such as the IECC or ASHRAE Standard 
90.1 or a code used by other appropriate organiza-
tions regarding which the Secretary has issued a de-
termination that buildings subject to it would 
achieve greater energy efficiency than under a pre-
viously developed code.’’; and 
(2) by adding at the end the following: 
‘‘(18) ASHRAE STANDARD
90.1.—The term 
‘ASHRAE Standard 90.1’ means the American So-
ciety of Heating, Refrigerating and Air-Conditioning 
Engineers ANSI/ASHRAE/IES Standard 90/1 En-
ergy Standard for Buildings Except Low-Rise Resi-
dential Buildings. 
‘‘(19) COST-EFFECTIVE.—The term ‘cost-effec-
tive’ means having a simple payback of 10 years or 
less. 
‘‘(20) IECC.—The term ‘IECC’ means the 
International Energy Conservation Code as pub-
lished by the International Code Council. 
‘‘(21) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 4 of the 
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103).
184 
‘‘(22) SIMPLE
PAYBACK.—The term ‘simple 
payback’ means the time in years that is required 
for energy savings to exceed the incremental first 
cost of a new requirement or code. 
‘‘(23) TECHNICALLY
FEASIBLE.—The term 
‘technically 
feasible’ 
means 
capable 
of 
being 
achieved, based on widely available appliances, 
equipment, technologies, materials, and construction 
practices.’’. 
(b) 
STATE
BUILDING
ENERGY
EFFICIENCY 
CODES.—Section 304 of the Energy Conservation and 
Production Act (42 U.S.C. 6833) is amended to read as 
follows: 
‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-
CIENCY CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (e), for the 
purposes of— 
‘‘(1) implementation of building energy codes 
by States, Indian tribes, and, as appropriate, by 
local governments, that are technically feasible and 
cost-effective; and 
‘‘(2) supporting full compliance with the State, 
tribal, and local codes.
185 
‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION OF 
BUILDING ENERGY CODE UPDATES.— 
‘‘(1) REVIEW
AND
UPDATING
OF
CODES
BY 
EACH STATE AND INDIAN TRIBE.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date on which a model building energy 
code is published, each State or Indian tribe 
shall certify whether or not the State or Indian 
tribe, respectively, has reviewed and updated 
the energy provisions of the building code of the 
State or Indian tribe, respectively. 
‘‘(B) DEMONSTRATION.—The certification 
shall include a statement of whether or not the 
energy savings for the code provisions that are 
in effect throughout the State or Indian tribal 
territory meet or exceed— 
‘‘(i) the energy savings of the most re-
cently published model building energy 
code; or 
‘‘(ii) the targets established under sec-
tion 307(b)(2). 
‘‘(C) NO MODEL BUILDING ENERGY CODE 
UPDATE.—If a model building energy code is 
not updated by a target date established under 
section 307(b)(2)(D), each State or Indian tribe
186 
shall, not later than 3 years after the specified 
date, certify whether or not the State or Indian 
tribe, respectively, has reviewed and updated 
the energy provisions of the building code of the 
State or Indian tribe, respectively, to meet or 
exceed the target in section 307(b)(2). 
‘‘(2) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the code provi-
sions of the State or Indian tribe, respectively, 
meet the criteria specified in paragraph (1); 
‘‘(B) determine whether the certification 
submitted by the State or Indian tribe, respec-
tively, is complete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(3) LIMITATION.—Nothing in this section 
shall be interpreted to require a State or Indian 
tribe to adopt any building code or provision within 
a code. 
‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH BUILD-
ING ENERGY CODES.— 
‘‘(1) REQUIREMENT.—
187 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of a certification under sub-
section (b), each State and Indian tribe shall 
certify whether or not the State or Indian tribe, 
respectively, has— 
‘‘(i) achieved full compliance under 
paragraph (3) with the applicable certified 
State or Indian tribe building energy code 
or with the associated model building en-
ergy code; or 
‘‘(ii) made significant progress under 
paragraph (4) toward achieving compliance 
with the applicable certified State or In-
dian tribe building energy code or with the 
associated model building energy code. 
‘‘(B) REPEAT
CERTIFICATIONS.—If the 
State or Indian tribe certifies progress toward 
achieving compliance, the State or Indian tribe 
shall repeat the certification until the State or 
Indian tribe certifies that the State or Indian 
tribe has achieved full compliance. 
‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer-
tification under paragraph (1) shall include docu-
mentation of the rate of compliance based on—
188 
‘‘(A) inspections of a random sample of the 
buildings covered by the code in the preceding 
year; or 
‘‘(B) an alternative method that yields an 
accurate measure of compliance. 
‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State 
or Indian tribe shall be considered to achieve full 
compliance under paragraph (1) if— 
‘‘(A) at least 90 percent of building space 
covered by the code in the preceding year sub-
stantially meets all the requirements of the ap-
plicable code specified in paragraph (1), or 
achieves equivalent or greater energy savings 
level; or 
‘‘(B) the estimated excess energy use of 
buildings that did not meet the applicable code 
specified in paragraph (1) in the preceding 
year, compared to a baseline of comparable 
buildings that meet this code, is not more than 
5 percent of the estimated energy use of all 
buildings covered by this code during the pre-
ceding year. 
‘‘(4) 
SIGNIFICANT
PROGRESS
TOWARD 
ACHIEVEMENT OF COMPLIANCE.—A State or Indian 
tribe shall be considered to have made significant
189 
progress toward achieving compliance for purposes 
of paragraph (1) if the State or Indian tribe— 
‘‘(A) has developed and is implementing a 
plan for achieving compliance during the 8-year 
period beginning on the date of enactment of 
this paragraph, including annual targets for 
compliance and active training and enforcement 
programs; and 
‘‘(B) has met the most recent target under 
subparagraph (A). 
‘‘(5) VALIDATION
BY
SECRETARY.—Not later 
than 90 days after a State or Indian tribe certifi-
cation under paragraph (1), the Secretary shall— 
‘‘(A) determine whether the State or In-
dian tribe has demonstrated meeting the cri-
teria of this subsection, including accurate 
measurement of compliance; 
‘‘(B) determine whether the certification 
submitted by the State or Indian tribe is com-
plete; and 
‘‘(C) if the requirements of subparagraph 
(B) are satisfied, validate the certification. 
‘‘(6) LIMITATION.—Nothing in this section 
shall be interpreted to require a State or Indian
190 
tribe to adopt any building code or provision within 
a code. 
‘‘(d) STATES
OR INDIAN TRIBES THAT DO NOT 
ACHIEVE COMPLIANCE.— 
‘‘(1) REPORTING.—A State or Indian tribe that 
has not made a certification required under sub-
section (b) or (c) by the applicable deadline shall 
submit to the Secretary a report on the status of the 
State or Indian tribe with respect to meeting the re-
quirements and submitting the certification. 
‘‘(2) STATE
SOVEREIGNTY.—Nothing in this 
section shall be interpreted to require a State or In-
dian tribe to adopt any building code or provision 
within a code. 
‘‘(3) LOCAL
GOVERNMENT.—In any State or 
Indian tribe for which the Secretary has not vali-
dated a certification under subsection (b) or (c), a 
local government may be eligible for Federal support 
by meeting the certification requirements of sub-
sections (b) and (c). 
‘‘(4) ANNUAL REPORTS BY SECRETARY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
annually submit to Congress, and publish in the 
Federal Register, a report on—
191 
‘‘(i) the status of model building en-
ergy codes; 
‘‘(ii) the status of code adoption and 
compliance in the States and Indian tribes; 
‘‘(iii) implementation of this section; 
and 
‘‘(iv) improvements in energy savings 
over time as a result of the targets estab-
lished under section 307(b)(2). 
‘‘(B) IMPACTS.—The report shall include 
estimates of impacts of past action under this 
section, and potential impacts of further action, 
on— 
‘‘(i) upfront financial and construction 
costs, cost benefits and returns (using a 
return on investment analysis), and life-
time energy use for buildings; 
‘‘(ii) resulting energy costs to individ-
uals and businesses; and 
‘‘(iii) resulting overall annual building 
ownership and operating costs. 
‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN-
DIAN TRIBES.— 
‘‘(1) IN GENERAL.—The Secretary shall, upon 
request, provide technical assistance to States and
192 
Indian tribes to implement the goals and require-
ments of this section— 
‘‘(A) to implement State residential and 
commercial building energy codes; and 
‘‘(B) to document the rate of compliance 
with a building energy code. 
‘‘(2) TECHNICAL ASSISTANCE.—The assistance 
shall include, as requested by the State or Indian 
tribe, technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, referenced in section 307(b)(4), of im-
plementing building energy codes; 
‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing the definitions of energy 
use intensity and building types for use in 
model building energy codes to evaluate the effi-
ciency impacts of the model building energy 
codes; and 
‘‘(G) complying with a performance-based 
pathway referenced in the model code.
193 
‘‘(3) EXCLUSION.—For purposes of this section, 
‘technical assistance’ shall not include actions that 
promote or discourage the adoption of a particular 
building energy code, code provision, or energy sav-
ings target to a State or Indian tribe. 
‘‘(4) INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to any tech-
nical assistance provided to a State or Indian tribe, 
is ‘influential information’ and shall satisfy the 
guidelines established by the Office of Management 
and Budget and published at 67 Federal Register 
8,452 (February 22, 2002). 
‘‘(f) FEDERAL SUPPORT.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
support to States and Indian tribes— 
‘‘(A) to implement the reporting require-
ments of this section; and 
‘‘(B) to implement residential and commer-
cial building energy codes, including increasing 
and verifying compliance with the codes and 
training of State, tribal, and local building code 
officials to implement and enforce the codes. 
‘‘(2) EXCLUSION.—Support shall not be given 
to support adoption and implementation of model
194 
building energy codes for which the Secretary has 
made a determination under section 307(g)(1)(C) 
that the code is not cost-effective. 
‘‘(3) TRAINING.—Support shall be offered to 
States to train State and local building code officials 
to implement and enforce codes described in para-
graph (1)(B). 
‘‘(4) LOCAL GOVERNMENTS.—States may work 
under this subsection with local governments that 
implement and enforce codes described in paragraph 
(1)(B). 
‘‘(g) VOLUNTARY PROGRAMS TO EXCEED MODEL 
BUILDING ENERGY CODE.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, as described in subsection (e), 
for the development of voluntary programs that ex-
ceed the model building energy codes for residential 
and commercial buildings for use as— 
‘‘(A) voluntary incentive programs adopted 
by local, tribal, or State governments; and 
‘‘(B) nonbinding guidelines for energy-effi-
cient building design. 
‘‘(2) TARGETS.—The voluntary programs de-
scribed in paragraph (1) shall be designed—
195 
‘‘(A) to achieve substantial energy savings 
compared to the model building energy codes; 
and 
‘‘(B) to meet targets under section 307(b), 
if available, up to 3 to 6 years in advance of the 
target years. 
‘‘(h) STUDIES.— 
‘‘(1) GAO STUDY.— 
‘‘(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall conduct a study 
of the impacts of updating the national model 
building energy codes for residential and com-
mercial buildings. In conducting the study, the 
Comptroller General shall consider and report, 
at a minimum— 
‘‘(i) the actual energy consumption 
savings stemming from updated energy 
codes compared to the energy consumption 
savings predicted during code development; 
‘‘(ii) the actual consumer cost savings 
stemming from updated energy codes com-
pared to predicted consumer cost savings; 
and
196 
‘‘(iii) an accounting of expenditures of 
the Federal funds under each program au-
thorized by this title. 
‘‘(B) REPORT
TO
CONGRESS.—Not later 
than 3 years after the date of enactment of the 
North American Energy Security and Infra-
structure Act of 2015, the Comptroller General 
of the United States shall submit a report to 
the Committee on Energy and Natural Re-
sources of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives including the study findings and 
conclusions. 
‘‘(2) FEASIBILITY STUDY.—The Secretary, in 
consultation with building science experts from the 
National Laboratories and institutions of higher 
education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, 
and other stakeholders, shall undertake a study of 
the feasibility, impact, economics, and merit of— 
‘‘(A) code improvements that would require 
that buildings be designed, sited, and con-
structed in a manner that makes the buildings 
more adaptable in the future to become zero- 
net-energy after initial construction, as ad-
197 
vances are achieved in energy-saving tech-
nologies; 
‘‘(B) code procedures to incorporate a ten- 
year payback, not just first-year energy use, in 
trade-offs and performance calculations; and 
‘‘(C) legislative options for increasing en-
ergy savings from building energy codes, includ-
ing additional incentives for effective State and 
local verification of compliance with and en-
forcement of a code. 
‘‘(3) ENERGY DATA IN MULTITENANT BUILD-
INGS.—The Secretary, in consultation with appro-
priate representatives of the utility, utility regu-
latory, building ownership, and other stakeholders, 
shall— 
‘‘(A) undertake a study of best practices 
regarding delivery of aggregated energy con-
sumption information to owners and managers 
of residential and commercial buildings with 
multiple tenants and uses; and 
‘‘(B) consider the development of a memo-
randum of understanding between and among 
affected stakeholders to reduce barriers to the 
delivery of aggregated energy consumption in-
formation to such owners and managers.
198 
‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this sec-
tion or section 307 supersedes or modifies the application 
of sections 321 through 346 of the Energy Policy and 
Conservation Act (42 U.S.C. 6291 et seq.). 
‘‘(j) FUNDING
LIMITATIONS.—No Federal funds 
shall be— 
‘‘(1) used to support actions by the Secretary, 
or States, to promote or discourage the adoption of 
a particular building energy code, code provision, or 
energy saving target to a State or Indian tribe; or 
‘‘(2) provided to private third parties or non- 
governmental organizations to engage in such activi-
ties.’’. 
(c) FEDERAL
BUILDING
ENERGY
EFFICIENCY 
STANDARDS.—Section 305 of the Energy Conservation 
and Production Act (42 U.S.C. 6834) is amended by strik-
ing ‘‘voluntary building energy code’’ in subsections 
(a)(2)(B) and (b) and inserting ‘‘model building energy 
code’’. 
(d) MODEL BUILDING ENERGY CODES.— 
(1) AMENDMENT.—Section 307 of the Energy 
Conservation and Production Act (42 U.S.C. 6836) 
is amended to read as follows:
199 
‘‘SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY 
CODES. 
‘‘(a) IN GENERAL.—The Secretary shall provide tech-
nical assistance, as described in subsection (c), for updat-
ing of model building energy codes. 
‘‘(b) TARGETS.— 
‘‘(1) IN GENERAL.—The Secretary shall provide 
technical assistance, for updating the model building 
energy codes. 
‘‘(2) TARGETS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide technical assistance to States, Indian 
tribes, local governments, nationally recognized 
code and standards developers, and other inter-
ested parties for updating of model building en-
ergy codes by establishing one or more aggre-
gate energy savings targets through rulemaking 
in accordance with section 553 of title 5, 
United States Code, to achieve the purposes of 
this section. 
‘‘(B) SEPARATE TARGETS.—Separate tar-
gets may be established for commercial and res-
idential buildings. 
‘‘(C) BASELINES.—The baseline for updat-
ing model building energy codes shall be the 
2009 IECC for residential buildings and
200 
ASHRAE Standard 90.1–2010 for commercial 
buildings. 
‘‘(D) SPECIFIC YEARS.— 
‘‘(i) IN GENERAL.—Targets for spe-
cific years shall be established and revised 
by the Secretary through rulemaking in ac-
cordance with section 553 of title 5, 
United States Code, and coordinated with 
nationally recognized code and standards 
developers at a level that— 
‘‘(I) is at the maximum level of 
energy efficiency that is technically 
feasible and cost effective, while ac-
counting for the economic consider-
ations under paragraph (4); and 
‘‘(II) promotes the achievement 
of commercial and residential high 
performance buildings through high 
performance energy efficiency (within 
the meaning of section 401 of the En-
ergy Independence and Security Act 
of 2007 (42 U.S.C. 17061)). 
‘‘(ii) INITIAL
TARGETS.—Not later 
than 1 year after the date of enactment of
201 
this clause, the Secretary shall establish 
initial targets under this subparagraph. 
‘‘(iii) DIFFERENT
TARGET
YEARS.— 
Subject to clause (i), prior to the applica-
ble year, the Secretary may set a later tar-
get year for any of the model building en-
ergy codes described in subparagraph (A) 
if the Secretary determines that a target 
cannot be met. 
‘‘(E) 
SMALL
BUSINESS.—When 
estab-
lishing targets under this paragraph through 
rulemaking, the Secretary shall ensure compli-
ance with the Small Business Regulatory En-
forcement Fairness Act of 1996 (5 U.S.C. 601 
note; Public Law 104–121) for any indirect eco-
nomic effect on small entities that is reasonably 
foreseeable and a result of such rule. 
‘‘(3) APPLIANCE STANDARDS AND OTHER FAC-
TORS AFFECTING BUILDING ENERGY USE.—In es-
tablishing energy savings targets under paragraph 
(2), the Secretary shall develop and adjust the tar-
gets in recognition of potential savings and costs re-
lating to—
202 
‘‘(A) efficiency gains made in appliances, 
lighting, windows, insulation, and building enve-
lope sealing; 
‘‘(B) advancement of distributed genera-
tion and on-site renewable power generation 
technologies; 
‘‘(C) equipment improvements for heating, 
cooling, and ventilation systems and water heat-
ing systems; 
‘‘(D) building management systems and 
smart grid technologies to reduce energy use; 
and 
‘‘(E) other technologies, practices, and 
building systems regarding building plug load 
and other energy uses. 
In developing and adjusting the targets, the Sec-
retary shall use climate zone weighted averages for 
equipment efficiency for heating, cooling, ventilation, 
and water heating systems, using equipment that is 
actually installed. 
‘‘(4) ECONOMIC
CONSIDERATIONS.—In estab-
lishing and revising energy savings targets under 
paragraph (2), the Secretary shall consider the eco-
nomic feasibility of achieving the proposed targets 
established under this section and the potential costs
203 
and savings for consumers and building owners, by 
conducting a return on investment analysis, using a 
simple payback methodology over a 3-, 5-, and 7- 
year period. The Secretary shall not propose or pro-
vide technical or financial assistance for any code, 
provision in the code, or energy target, or amend-
ment thereto, that has a payback greater than 10 
years. 
‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILDING 
ENERGY CODE-SETTING AND STANDARD DEVELOPMENT 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall, on a 
timely basis, provide technical assistance to model 
building energy code-setting and standard develop-
ment organizations consistent with the goals of this 
section. 
‘‘(2) TECHNICAL ASSISTANCE.—The assistance 
shall include, as requested by the organizations, 
technical assistance in— 
‘‘(A) evaluating the energy savings of 
building energy codes; 
‘‘(B) assessing the economic consider-
ations, under subsection (b)(4), of code or 
standards proposals or revisions;
204 
‘‘(C) building energy analysis and design 
tools; 
‘‘(D) energy simulation models; 
‘‘(E) building demonstrations; 
‘‘(F) developing definitions of energy use 
intensity and building types for use in model 
building energy codes to evaluate the efficiency 
impacts of the model building energy codes; 
‘‘(G) developing a performance-based path-
way for compliance; 
‘‘(H) developing model building energy 
codes by Indian tribes in accordance with tribal 
law; and 
‘‘(I) code development meetings, including 
through direct Federal employee participation 
in committee meetings, hearings and online 
communication, voting, and presenting research 
and technical or economic analyses during such 
meetings. 
‘‘(3) EXCLUSION.—Except as provided in para-
graph (2)(I), for purposes of this section, ‘technical 
assistance’ shall not include actions that promote or 
discourage the adoption of a particular building en-
ergy code, code provision, or energy savings target.
205 
‘‘(4) INFORMATION
QUALITY
AND
TRANS-
PARENCY.—For purposes of this section, information 
provided by the Secretary, attendant to development 
of any energy savings targets, is influential informa-
tion and shall satisfy the guidelines established by 
the Office of Management and Budget and published 
at 67 Federal Register 8,452 (February 22, 2002). 
‘‘(d) AMENDMENT PROPOSALS.— 
‘‘(1) IN GENERAL.—The Secretary may submit 
timely model building energy code amendment pro-
posals that are technically feasible, cost-effective, 
and technology-neutral to the model building energy 
code-setting and standard development organiza-
tions, with supporting evidence, sufficient to enable 
the model building energy codes to meet the targets 
established under subsection (b)(2). 
‘‘(2) PROCESS AND FACTORS.—All amendment 
proposals submitted by the Secretary shall be pub-
lished in the Federal Register and made available on 
the Department of Energy website 90 days prior to 
any submittal to a code development body, and shall 
be subject to a public comment period of not less 
than 60 days. Information provided by the Sec-
retary, attendant to submission of any amendment 
proposals, is influential information and shall satisfy
206 
the guidelines established by the Office of Manage-
ment and Budget and published at 67 Federal Reg-
ister 8,452 (February 22, 2002). When calculating 
the costs and benefits of an amendment, the Sec-
retary shall use climate zone weighted averages for 
equipment efficiency for heating, cooling, ventilation, 
and water heating systems, using equipment that is 
actually installed. 
‘‘(e) ANALYSIS METHODOLOGY.—The Secretary shall 
make publicly available the entire calculation methodology 
(including input assumptions and data) used by the Sec-
retary to estimate the energy savings of code or standard 
proposals and revisions. 
‘‘(f) METHODOLOGY DEVELOPMENT.—The Secretary 
shall establish a methodology for evaluating cost effective-
ness of energy code changes in multifamily buildings that 
incorporates economic parameters representative of typical 
multifamily buildings. 
‘‘(g) DETERMINATION.— 
‘‘(1) REVISION OF MODEL BUILDING ENERGY 
CODES.—If the provisions of the IECC or ASHRAE 
Standard 90.1 regarding building energy use are re-
vised, the Secretary shall make a preliminary deter-
mination not later than 90 days after the date of the 
revision, and a final determination not later than 15
207 
months after the date of the revision, on whether or 
not the revision— 
‘‘(A) improves energy efficiency in build-
ings compared to the existing IECC or 
ASHRAE Standard 90.1, as applicable; 
‘‘(B) meets the applicable targets under 
subsection (b)(2); and 
‘‘(C) is technically feasible and cost-effec-
tive. 
‘‘(2) CODES OR STANDARDS NOT MEETING CRI-
TERIA.— 
‘‘(A) IN
GENERAL.—If the Secretary 
makes a preliminary determination under para-
graph (1)(B) that a revised IECC or ASHRAE 
Standard 90.1 does not meet the targets estab-
lished under subsection (b)(2), is not technically 
feasible, or is not cost-effective, the Secretary 
may at the same time provide technical assist-
ance, as described in subsection (c), to the 
International Code Council or ASHRAE, as ap-
plicable, with proposed changes that would re-
sult in a model building energy code or stand-
ard that meets the criteria, and with supporting 
evidence. Proposed changes submitted by the 
Secretary shall be published in the Federal
208 
Register and made available on the Department 
of Energy website 90 days prior to any sub-
mittal to a code development body, and shall be 
subject to a public comment period of not less 
than 60 days. Information provided by the Sec-
retary, attendant to submission of any amend-
ment proposals, is influential information and 
shall satisfy the guidelines established by the 
Office of Management and Budget and pub-
lished at 67 Federal Register 8,452 (February 
22, 2002). 
‘‘(B) INCORPORATION OF CHANGES.— 
‘‘(i) IN GENERAL.—On receipt of the 
technical assistance, as described in sub-
section (c), the International Code Council 
or ASHRAE, as applicable, shall, prior to 
the Secretary making a final determination 
under paragraph (1), have an additional 
270 days to accept or reject the proposed 
changes made by the Secretary to the 
model building energy code or standard. 
‘‘(ii) 
FINAL
DETERMINATION.—A 
final determination under paragraph (1) 
shall be on the final revised model building 
energy code or standard.
209 
‘‘(h) ADMINISTRATION.—In carrying out this section, 
the Secretary shall— 
‘‘(1) publish notice of targets, amendment pro-
posals and supporting analysis and determinations 
under this section in the Federal Register to provide 
an explanation of and the basis for such actions, in-
cluding any supporting modeling, data, assumptions, 
protocols, and cost-benefit analysis, including return 
on investment; 
‘‘(2) provide an opportunity for public comment 
on targets and supporting analysis and determina-
tions under this section, in accordance with section 
553 of title 5, United States Code; and 
‘‘(3) provide an opportunity for public comment 
on amendment proposals. 
‘‘(i) VOLUNTARY CODES
AND STANDARDS.—Not 
withstanding any other provision of this section, any 
model building code or standard established under this 
section shall not be binding on a State, local government, 
or Indian tribe as a matter of Federal law.’’. 
(2) CONFORMING AMENDMENT.—The item re-
lating to section 307 in the table of contents for the 
Energy Conservation and Production Act is amend-
ed to read as follows: 
‘‘Sec. 307. Support for model building energy codes.’’.
210 
SEC. 3142. VOLUNTARY NATURE OF BUILDING ASSET RAT-
ING PROGRAM. 
(a) IN GENERAL.—Any program of the Secretary of 
Energy that may enable the owner of a commercial build-
ing or a residential building to obtain a rating, score, or 
label regarding the actual or anticipated energy usage or 
performance of a building shall be made available on a 
voluntary, optional, and market-driven basis. 
(b) DISCLAIMER AS TO REGULATORY INTENT.—In-
formation disseminated by the Secretary of Energy re-
garding the program described in subsection (a), including 
any information made available by the Secretary on a 
website, shall include language plainly stating that such 
program is not developed or intended to be the basis for 
a regulatory program by a Federal, State, local, or munic-
ipal government body. 
CHAPTER 5—EPCA TECHNICAL 
CORRECTIONS AND CLARIFICATIONS 
SEC. 3151. MODIFYING PRODUCT DEFINITIONS. 
(a) AUTHORITY TO MODIFY DEFINITIONS.— 
(1) COVERED PRODUCTS.—Section 322 of the 
Energy Policy and Conservation Act (42 U.S.C. 
6292) is amended by adding at the end the fol-
lowing: 
‘‘(c) MODIFYING DEFINITIONS OF COVERED PROD-
UCTS.—
211 
‘‘(1) IN GENERAL.—For any covered product 
for which a definition is provided in section 321, the 
Secretary may, by rule, unless prohibited herein, 
modify such definition in order to— 
‘‘(A) address significant changes in the 
product or the market occurring since the defi-
nition was established; and 
‘‘(B) better enable improvements in the en-
ergy efficiency of the product as part of an en-
ergy using system. 
‘‘(2) ANTIBACKSLIDING
EXEMPTION.—Section 
325(o)(1) shall not apply to adjustments to covered 
product definitions made pursuant to this sub-
section. 
‘‘(3) PROCEDURE
FOR
MODIFYING
DEFINI-
TION.— 
‘‘(A) IN GENERAL.—Notice of any adjust-
ment to the definition of a covered product and 
an explanation of the reasons therefor shall be 
published in the Federal Register and oppor-
tunity provided for public comment. 
‘‘(B) 
CONSENSUS
REQUIRED.—Any 
amendment to the definition of a covered prod-
uct under this subsection must have consensus 
support, as reflected in—
212 
‘‘(i) the outcome of negotiations con-
ducted in accordance with the subchapter 
III of chapter 5 of title 5, United States 
Code (commonly known as the ‘Negotiated 
Rulemaking Act of 1990’); or 
‘‘(ii) the Secretary’s receipt of a state-
ment that is submitted jointly by inter-
ested persons that are fairly representative 
of relevant points of view (including rep-
resentatives of manufacturers of covered 
products, States, and efficiency advocates), 
as determined by the Secretary, which con-
tains a recommended modified definition 
for a covered product. 
‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 
‘‘(A) IN GENERAL.—For any type or class 
of consumer product which becomes a covered 
product pursuant to this subsection— 
‘‘(i) the Secretary may establish test 
procedures for such type or class of cov-
ered product pursuant to section 323 and 
energy conservation standards pursuant to 
section 325(l); 
‘‘(ii) the Commission may prescribe 
labeling rules pursuant to section 324 if
213 
the Commission determines that labeling in 
accordance with that section is techno-
logically and economically feasible and like-
ly to assist consumers in making pur-
chasing decisions; 
‘‘(iii) section 327 shall begin to apply 
to such type or class of covered product in 
accordance with section 325(ii)(1); and 
‘‘(iv) standards previously promul-
gated under section 325 shall not apply to 
such type or class of product. 
‘‘(B) APPLICABILITY.—For any type or 
class of consumer product which ceases to be a 
covered product pursuant to this subsection, the 
provisions of this part shall no longer apply to 
the type or class of consumer product.’’. 
(2) COVERED EQUIPMENT.—Section 341 of the 
Energy Policy and Conservation Act (42 U.S.C. 
6312) is amended by adding at the end the fol-
lowing: 
‘‘(d) MODIFYING DEFINITIONS OF COVERED EQUIP-
MENT.— 
‘‘(1) IN GENERAL.—For any covered equipment 
for which a definition is provided in section 340, the
214 
Secretary may, by rule, unless prohibited herein, 
modify such definition in order to— 
‘‘(A) address significant changes in the 
product or the market occurring since the defi-
nition was established; and 
‘‘(B) better enable improvements in the en-
ergy efficiency of the equipment as part of an 
energy using system. 
‘‘(2) ANTIBACKSLIDING
EXEMPTION.—Section 
325(o)(1) shall not apply to adjustments to covered 
equipment definitions made pursuant to this sub-
section. 
‘‘(3) PROCEDURE
FOR
MODIFYING
DEFINI-
TION.— 
‘‘(A) IN GENERAL.—Notice of any adjust-
ment to the definition of a type of covered 
equipment and an explanation of the reasons 
therefor shall be published in the Federal Reg-
ister and opportunity provided for public com-
ment. 
‘‘(B) 
CONSENSUS
REQUIRED.—Any 
amendment to the definition of a type of cov-
ered equipment under this subsection must have 
consensus support, as reflected in—
215 
‘‘(i) the outcome of negotiations con-
ducted in accordance with the subchapter 
III of chapter 5 of title 5, United States 
Code (commonly known as the ‘Negotiated 
Rulemaking Act of 1990’); or 
‘‘(ii) the Secretary’s receipt of a state-
ment that is submitted jointly by inter-
ested persons that are fairly representative 
of relevant points of view (including rep-
resentatives of manufacturers of covered 
equipment, States, and efficiency advo-
cates), as determined by the Secretary, 
which contains a recommended modified 
definition for a type of covered equipment. 
‘‘(4) EFFECT OF A MODIFIED DEFINITION.— 
‘‘(A) For any type or class of equipment 
which becomes covered equipment pursuant to 
this subsection— 
‘‘(i) the Secretary may establish test 
procedures for such type or class of cov-
ered equipment pursuant to section 343 
and energy conservation standards pursu-
ant to section 325(l); 
‘‘(ii) the Secretary may prescribe la-
beling rules pursuant to section 344 if the
216 
Secretary determines that labeling in ac-
cordance with that section is techno-
logically and economically feasible and like-
ly to assist purchasers in making pur-
chasing decisions; 
‘‘(iii) section 327 shall begin to apply 
to such type or class of covered equipment 
in accordance with section 325(ii)(1); and 
‘‘(iv) standards previously promul-
gated under section 325, 342, or 346 shall 
not apply to such type or class of covered 
equipment. 
‘‘(B) For any type or class of equipment 
which ceases to be covered equipment pursuant 
to this subsection the provisions of this part 
shall no longer apply to the type or class of 
equipment.’’. 
(b) CONFORMING AMENDMENTS PROVIDING FOR JU-
DICIAL REVIEW.— 
(1) Section 336 of the Energy Policy and Con-
servation Act (42 U.S.C. 6306) is amended by strik-
ing ‘‘section 323,’’ each place it appears and insert-
ing ‘‘section 322, 323,’’; and
217 
(2) Section 345(a)(1) of the Energy Policy and 
Conservation Act (42 U.S.C. 6316(a)(1)) is amend-
ed to read as follows: 
‘‘(1) the references to sections 322, 323, 324, 
and 325 of this Act shall be considered as references 
to sections 341, 343, 344, and 342 of this Act, re-
spectively;’’. 
SEC. 3152. CLARIFYING RULEMAKING PROCEDURES. 
(a) COVERED PRODUCTS.—Section 325(p) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295(p)) is 
amended— 
(1) by redesignating paragraphs (1), (2), (3), 
and (4) as paragraphs (2), (3), (5), and (6), respec-
tively; 
(2) by inserting before paragraph (2) (as so re-
designated by paragraph (1) of this subsection) the 
following: 
‘‘(1) The Secretary shall provide an opportunity 
for public input prior to the issuance of a proposed 
rule, seeking information— 
‘‘(A) identifying and commenting on design 
options; 
‘‘(B) on the existence of and opportunities 
for voluntary nonregulatory actions; and
218 
‘‘(C) identifying significant subgroups of 
consumers and manufacturers that merit anal-
ysis.’’; 
(3) in paragraph (3) (as so redesignated by 
paragraph (1) of this subsection)— 
(A) in subparagraph (C), by striking 
‘‘and’’ after ‘‘adequate;’’; 
(B) in subparagraph (D), by striking 
‘‘standard.’’ and inserting ‘‘standard;’’; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(E) whether the technical and economic 
analytical assumptions, methods, and models 
used to justify the standard to be prescribed 
are— 
‘‘(i) justified; and 
‘‘(ii) available and accessible for pub-
lic review, analysis, and use; and 
‘‘(F) the cumulative regulatory impacts on 
the manufacturers of the product, taking into 
account— 
‘‘(i) other government standards af-
fecting energy use; and
219 
‘‘(ii) other energy conservation stand-
ards affecting the same manufacturers.’’; 
and 
(4) by inserting after paragraph (3) (as so re-
designated by paragraph (1) of this subsection) the 
following: 
‘‘(4) 
RESTRICTION
ON
TEST
PROCEDURE 
AMENDMENTS.— 
‘‘(A) IN GENERAL.—Any proposed energy 
conservation standards rule shall be based on 
the final test procedure which shall be used to 
determine compliance, and the public comment 
period on the proposed standards shall conclude 
no sooner than 180 days after the date of publi-
cation of a final rule revising the test proce-
dure. 
‘‘(B) EXCEPTION.—The Secretary may 
propose or prescribe an amendment to the test 
procedures issued pursuant to section 323 for 
any type or class of covered product after the 
issuance of a notice of proposed rulemaking to 
prescribe an amended or new energy conserva-
tion standard for that type or class of covered 
product, but before the issuance of a final rule 
prescribing any such standard, if—
220 
‘‘(i) the amendments to the test pro-
cedure have consensus support achieved 
through a rulemaking conducted in accord-
ance with the subchapter III of chapter 5 
of title 5, United States Code (commonly 
known as the ‘Negotiated Rulemaking Act 
of 1990’); or 
‘‘(ii) the Secretary receives a state-
ment that is submitted jointly by inter-
ested persons that are fairly representative 
of relevant points of view (including rep-
resentatives of manufacturers of the type 
or class of covered product, States, and ef-
ficiency advocates), as determined by the 
Secretary, which contains a recommenda-
tion that a supplemental notice of proposed 
rulemaking is not necessary for the type or 
class of covered product.’’. 
(b) CONFORMING AMENDMENT.—Section 345(b)(1) 
of the Energy Policy and Conservation Act (42 U.S.C. 
6316(b)(1)) is amended by striking ‘‘section 325(p)(4),’’ 
and inserting ‘‘section 325(p)(3), (4), and (6),’’.
221 
CHAPTER 6—ENERGY AND WATER 
EFFICIENCY 
SEC. 3161. SMART ENERGY AND WATER EFFICIENCY PILOT 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a utility; 
(B) a municipality; 
(C) a water district; and 
(D) any other authority that provides 
water, wastewater, or water reuse services. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(3) SMART ENERGY AND WATER EFFICIENCY 
PILOT
PROGRAM.—The term ‘‘smart energy and 
water efficiency pilot program’’ or ‘‘pilot program’’ 
means the pilot program established under sub-
section (b). 
(b) SMART ENERGY AND WATER EFFICIENCY PILOT 
PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
and carry out a smart energy and water efficiency 
management pilot program in accordance with this 
section.
222 
(2) PURPOSE.—The purpose of the smart en-
ergy and water efficiency pilot program is to award 
grants to eligible entities to demonstrate advanced 
and innovative technology-based solutions that will— 
(A) increase and improve the energy effi-
ciency of water, wastewater, and water reuse 
systems to help communities across the United 
States make significant progress in conserving 
water, saving energy, and reducing costs; 
(B) support the implementation of innova-
tive processes and the installation of advanced 
automated systems that provide real-time data 
on energy and water; and 
(C) improve energy and water conserva-
tion, water quality, and predictive maintenance 
of energy and water systems, through the use 
of Internet-connected technologies, including 
sensors, intelligent gateways, and security em-
bedded in hardware. 
(3) PROJECT SELECTION.— 
(A) IN
GENERAL.—The Secretary shall 
make competitive, merit-reviewed grants under 
the pilot program to not less than 3, but not 
more than 5, eligible entities.
223 
(B) SELECTION CRITERIA.—In selecting an 
eligible entity to receive a grant under the pilot 
program, the Secretary shall consider— 
(i) energy and cost savings anticipated 
to result from the project; 
(ii) the innovative nature, commercial 
viability, and reliability of the technology 
to be used; 
(iii) the degree to which the project 
integrates next-generation sensors, soft-
ware, hardware, analytics, and manage-
ment tools; 
(iv) the anticipated cost effectiveness 
of the pilot project in terms of energy effi-
ciency savings, water savings or reuse, and 
infrastructure costs averted; 
(v) whether the technology can be de-
ployed in a variety of geographic regions 
and the degree to which the technology can 
be implemented on a smaller or larger 
scale, including whether the technology can 
be implemented by each type of eligible en-
tity; 
(vi) whether the technology has been 
successfully deployed elsewhere;
224 
(vii) whether the technology is sourced 
from a manufacturer based in the United 
States; and 
(viii) whether the project will be com-
pleted in 5 years or less. 
(C) APPLICATIONS.— 
(i) IN
GENERAL.—Subject to clause 
(ii), an eligible entity seeking a grant 
under the pilot program shall submit to 
the Secretary an application at such time, 
in such manner, and containing such infor-
mation as the Secretary determines to be 
necessary. 
(ii) CONTENTS.—An application under 
clause (i) shall, at a minimum, include— 
(I) a description of the project; 
(II) a description of the tech-
nology to be used in the project; 
(III) the anticipated results, in-
cluding energy and water savings, of 
the project; 
(IV) a comprehensive budget for 
the project; 
(V) the names of the project lead 
organization and any partners;
225 
(VI) the number of users to be 
served by the project; and 
(VII) any other information that 
the Secretary determines to be nec-
essary to complete the review and se-
lection of a grant recipient. 
(4) ADMINISTRATION.— 
(A) IN
GENERAL.—Not later than 300 
days after the date of enactment of this Act, 
the Secretary shall select grant recipients under 
this section. 
(B) EVALUATIONS.—The Secretary shall 
annually carry out an evaluation of each project 
for which a grant is provided under this section 
that— 
(i) evaluates the progress and impact 
of the project; and 
(ii) assesses the degree to which the 
project is meeting the goals of the pilot 
program. 
(C) TECHNICAL
AND
POLICY
ASSIST-
ANCE.—On the request of a grant recipient, the 
Secretary shall provide technical and policy as-
sistance to the grant recipient to carry out the 
project.
226 
(D) BEST
PRACTICES.—The Secretary 
shall make available to the public— 
(i) a copy of each evaluation carried 
out under subparagraph (B); and 
(ii) a description of any best practices 
identified by the Secretary as a result of 
those evaluations. 
(E) REPORT
TO
CONGRESS.—The Sec-
retary shall submit to Congress a report con-
taining the results of each evaluation carried 
out under subparagraph (B). 
(c) FUNDING.—To carry out this section, the Sec-
retary is authorized to use not more than $15,000,000, 
to the extent provided in advance in appropriation Acts. 
SEC. 3162. WATERSENSE. 
(a) IN GENERAL.—The Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.) is amended by adding 
after section 324A the following: 
‘‘SEC. 324B. WATERSENSE. 
‘‘(a) WATERSENSE.— 
‘‘(1) IN GENERAL.—There is established within 
the Environmental Protection Agency a voluntary 
program, to be entitled ‘WaterSense’, to identify 
water efficient products, buildings, landscapes, facili-
ties, processes, and services that sensibly—
227 
‘‘(A) reduce water use; 
‘‘(B) reduce the strain on public and com-
munity water systems and wastewater and 
stormwater infrastructure; 
‘‘(C) conserve energy used to pump, heat, 
transport, and treat water; and 
‘‘(D) preserve water resources for future 
generations, through voluntary labeling of, or 
other forms of communications about, products, 
buildings, landscapes, facilities, processes, and 
services while still meeting strict performance 
criteria. 
‘‘(2) DUTIES.—The Administrator, coordinating 
as appropriate with the Secretary of Energy, shall— 
‘‘(A) establish— 
‘‘(i) a WaterSense label to be used for 
items meeting the certification criteria es-
tablished in this section; and 
‘‘(ii) the procedure, including the 
methods and means, by which an item may 
be certified to display the WaterSense 
label; 
‘‘(B) conduct a public awareness education 
campaign regarding the WaterSense label;
228 
‘‘(C) 
preserve 
the 
integrity 
of 
the 
WaterSense label by— 
‘‘(i) establishing and maintaining fea-
sible performance criteria so that products, 
buildings, landscapes, facilities, processes, 
and services labeled with the WaterSense 
label perform as well or better than less 
water-efficient counterparts; 
‘‘(ii) overseeing WaterSense certifi-
cations made by third parties; 
‘‘(iii) using testing protocols, from the 
appropriate, applicable, and relevant con-
sensus standards, for the purpose of deter-
mining standards compliance; and 
‘‘(iv) 
auditing 
the 
use 
of 
the 
WaterSense label in the marketplace and 
preventing cases of misuse; and 
‘‘(D) not more often than every six years, 
review and, if appropriate, update WaterSense 
criteria for the defined categories of water-effi-
cient product, building, landscape, process, or 
service, including— 
‘‘(i) providing reasonable notice to in-
terested parties and the public of any such
229 
changes, including effective dates, and an 
explanation of the changes; 
‘‘(ii) soliciting comments from inter-
ested parties and the public prior to any 
such changes; 
‘‘(iii) as appropriate, responding to 
comments submitted by interested parties 
and the public; and 
‘‘(iv) providing an appropriate transi-
tion time prior to the applicable effective 
date of any such changes, taking into ac-
count the timing necessary for the manu-
facture, marketing, training, and distribu-
tion of the specific water-efficient product, 
building, landscape, process, or service cat-
egory being addressed. 
‘‘(b) USE OF SCIENCE.—In carrying out this section, 
and, to the degree that an agency action is based on 
science, the Administrator shall use— 
‘‘(1) the best available peer-reviewed science 
and supporting studies conducted in accordance with 
sound and objective scientific practices; and 
‘‘(2) data collected by accepted methods or best 
available methods (if the reliability of the method
230 
and the nature of the decision justify use of the 
data). 
‘‘(c) DISTINCTION OF AUTHORITIES.—In setting or 
maintaining standards for Energy Star pursuant to sec-
tion 324A, and WaterSense under this section, the Sec-
retary and Administrator shall coordinate to prevent du-
plicative or conflicting requirements among the respective 
programs. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) FEASIBLE.—The term ‘feasible’ means 
feasible with the use of the best technology, treat-
ment techniques, and other means that the Adminis-
trator finds, after examination for efficacy under 
field conditions and not solely under laboratory con-
ditions, are available (taking cost into consider-
ation). 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(4) WATER-EFFICIENT
PRODUCT, BUILDING, 
LANDSCAPE, 
PROCESS, 
OR
SERVICE.—The term 
‘water-efficient product, building, landscape, process, 
or service’ means a product, building, landscape,
231 
process, or service for a residence or a commercial 
or institutional building, or its landscape, that is 
rated for water efficiency and performance, the cov-
ered categories of which are— 
‘‘(A) irrigation technologies and services; 
‘‘(B) point-of-use water treatment devices; 
‘‘(C) plumbing products; 
‘‘(D) reuse and recycling technologies; 
‘‘(E) landscaping and gardening products, 
including moisture control or water enhancing 
technologies; 
‘‘(F) xeriscaping and other landscape con-
versions that reduce water use; and 
‘‘(G) new water efficient homes certified 
under the WaterSense program.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy and Conservation Act (Public 
Law 94–163; 42 U.S.C. 6201 et seq.) is amended by in-
serting after the item relating to section 324A the fol-
lowing new item: 
‘‘Sec. 324B. WaterSense.’’.
232 
Subtitle B—Accountability 
CHAPTER 1—MARKET MANIPULATION, 
ENFORCEMENT, AND COMPLIANCE 
SEC. 3211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND 
PUBLIC PARTICIPATION. 
Section 319 of the Federal Power Act (16 U.S.C. 
825q–1) is amended to read as follows: 
‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUB-
LIC PARTICIPATION. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Commission an Office of Compliance Assistance and 
Public Participation (referred to in this section as the ‘Of-
fice’). The Office shall be headed by a Director. 
‘‘(b) DUTIES OF DIRECTOR.— 
‘‘(1) IN GENERAL.—The Director of the Office 
shall promote improved compliance with Commission 
rules and orders by— 
‘‘(A) making recommendations to the Com-
mission regarding— 
‘‘(i) the protection of consumers; 
‘‘(ii) market integrity and support for 
the development of responsible market be-
havior;
233 
‘‘(iii) the application of Commission 
rules and orders in a manner that ensures 
that— 
‘‘(I) rates and charges for, or in 
connection with, the transmission or 
sale of electric energy subject to the 
jurisdiction of the Commission shall 
be just and reasonable and not unduly 
discriminatory or preferential; and 
‘‘(II) markets for such trans-
mission and sale of electric energy are 
not impaired and consumers are not 
damaged; and 
‘‘(iv) the impact of existing and pro-
posed Commission rules and orders on 
small entities, as defined in section 601 of 
title 5, United States Code (commonly 
known as the Regulatory Flexibility Act); 
‘‘(B) providing entities subject to regula-
tion by the Commission the opportunity to ob-
tain timely guidance for compliance with Com-
mission rules and orders; and 
‘‘(C) providing information to the Commis-
sion and Congress to inform policy with respect
234 
to energy issues under the jurisdiction of the 
Commission. 
‘‘(2) REPORTS AND GUIDANCE.—The Director 
shall, as the Director determines appropriate, issue 
reports and guidance to the Commission and to enti-
ties subject to regulation by the Commission, regard-
ing market practices, proposing improvements in 
Commission monitoring of market practices, and ad-
dressing potential improvements to both industry 
and Commission practices. 
‘‘(3) OUTREACH.—The Director shall promote 
improved compliance with Commission rules and or-
ders through outreach, publications, and, where ap-
propriate, direct communication with entities regu-
lated by the Commission.’’. 
CHAPTER 2—MARKET REFORMS 
SEC. 3221. GAO STUDY ON WHOLESALE ELECTRICITY MAR-
KETS. 
(a) STUDY AND REPORT.—Not later than 1 year 
after the date of enactment of this Act, the Comptroller 
General shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Senate 
a report describing the results of a study of whether and 
how the current market rules, practices, and structures
235 
of each regional transmission entity produce rates that are 
just and reasonable by— 
(1) facilitating fuel diversity, the availability of 
generation resources during emergency and severe 
weather conditions, resource adequacy, and reli-
ability, including the cost-effective retention and de-
velopment of needed generation; 
(2) promoting the equitable treatment of busi-
ness models, including different utility types, the in-
tegration of diverse generation resources, and ad-
vanced grid technologies; 
(3) identifying and addressing regulatory bar-
riers to entry, market-distorting incentives, and arti-
ficial constraints on competition; 
(4) providing transparency regarding dispatch 
decisions, including the need for out-of-market ac-
tions and payments, and the accuracy of day-ahead 
unit commitments; 
(5) facilitating the development of necessary 
natural gas pipeline and electric transmission infra-
structure; 
(6) ensuring fairness and transparency in gov-
ernance structures and stakeholder processes, in-
cluding meaningful participation by both voting and 
nonvoting stakeholder representatives;
236 
(7) ensuring the proper alignment of the energy 
and transmission markets by including both energy 
and financial transmission rights in the day-ahead 
markets; 
(8) facilitating the ability of load-serving enti-
ties to self-supply their service territory load; 
(9) considering, as appropriate, State and local 
resource planning; and 
(10) mitigating, to the extent practicable, the 
disruptive effects of tariff revisions on the economic 
decisionmaking of market participants. 
(b) DEFINITIONS.—In this section: 
(1) LOAD-SERVING ENTITY.—The term ‘‘load- 
serving entity’’ has the meaning given that term in 
section 217 of the Federal Power Act (16 U.S.C. 
824q). 
(2) REGIONAL
TRANSMISSION
ENTITY.—The 
term ‘‘regional transmission entity’’ means a Re-
gional Transmission Organization or an Independent 
System Operator, as such terms are defined in sec-
tion 3 of the Federal Power Act (16 U.S.C. 796). 
SEC. 3222. CLARIFICATION OF FACILITY MERGER AUTHOR-
IZATION. 
Section 203(a)(1)(B) of the Federal Power Act (16 
U.S.C. 824b(a)(1)(B)) is amended by striking ‘‘such facili-
237 
ties or any part thereof’’ and inserting ‘‘such facilities, or 
any part thereof, of a value in excess of $10,000,000’’. 
CHAPTER 3—CODE MAINTENANCE 
SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES 
STUDY. 
(a) REPEAL.—Part I of title III of the Energy Policy 
and Conservation Act (42 U.S.C. 6373) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy and Conservation Act (Public 
Law 94–163; 89 Stat. 871) is amended— 
(1) by striking the item relating to part I of 
title III; and 
(2) by striking the item relating to section 385. 
SEC. 3232. REPEAL OF METHANOL STUDY. 
Section 400EE of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6374d) is amended— 
(1) by striking subsection (a); and 
(2) by redesignating subsections (b) and (c) as 
subsections (a) and (b), respectively. 
SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY 
STANDARDS STUDY. 
(a) REPEAL.—Section 253 of the National Energy 
Conservation Policy Act (42 U.S.C. 8232) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act
238 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 253. 
SEC. 3234. REPEAL OF WEATHERIZATION STUDY. 
(a) REPEAL.—Section 254 of the National Energy 
Conservation Policy Act (42 U.S.C. 8233) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 254. 
SEC. 3235. REPEAL OF REPORT TO CONGRESS. 
(a) REPEAL.—Section 273 of the National Energy 
Conservation Policy Act (42 U.S.C. 8236b) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended by strik-
ing the item relating to section 273. 
SEC. 3236. REPEAL OF REPORT BY GENERAL SERVICES AD-
MINISTRATION. 
(a) REPEAL.—Section 154 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262a) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) The table of contents for the Energy Policy 
Act of 1992 (Public Law 102–486; 106 Stat. 2776) 
is amended by striking the item relating to section 
154.
239 
(2) Section 159 of the Energy Policy Act of 
1992 (42 U.S.C. 8262e) is amended by striking sub-
section (c). 
SEC. 3237. REPEAL OF INTERGOVERNMENTAL ENERGY 
MANAGEMENT PLANNING AND COORDINA-
TION WORKSHOPS. 
(a) REPEAL.—Section 156 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262b) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 (Public Law 102– 
486; 106 Stat. 2776) is amended by striking the item re-
lating to section 156. 
SEC. 3238. REPEAL OF INSPECTOR GENERAL AUDIT SUR-
VEY AND PRESIDENT’S COUNCIL ON INTEG-
RITY AND EFFICIENCY REPORT TO CON-
GRESS. 
(a) REPEAL.—Section 160 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262f) is amended by striking the sec-
tion designation and heading and all that follows through 
‘‘(c) INSPECTOR GENERAL REVIEW.—Each Inspector 
General’’ and inserting the following: 
‘‘SEC. 160. INSPECTOR GENERAL REVIEW. 
‘‘Each Inspector General’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 (Public Law 102–
240 
486; 106 Stat. 2776) is amended by striking the item re-
lating to section 160 and inserting the following: 
‘‘Sec. 160. Inspector General review.’’. 
SEC. 3239. REPEAL OF PROCUREMENT AND IDENTIFICA-
TION OF ENERGY EFFICIENT PRODUCTS PRO-
GRAM. 
(a) REPEAL.—Section 161 of the Energy Policy Act 
of 1992 (42 U.S.C. 8262g) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Policy Act of 1992 (Public Law 102– 
486; 106 Stat. 2776) is amended by striking the item re-
lating to section 161. 
SEC. 3240. REPEAL OF NATIONAL ACTION PLAN FOR DE-
MAND RESPONSE. 
(a) REPEAL.—Part 5 of title V of the National En-
ergy Conservation Policy Act (42 U.S.C. 8279) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206; 121 Stat. 1665) is 
amended— 
(1) by striking the item relating to part 5 of 
title V; and 
(2) by striking the item relating to section 571.
241 
SEC. 3241. REPEAL OF NATIONAL COAL POLICY STUDY. 
(a) REPEAL.—Section 741 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8451) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 741. 
SEC. 3242. REPEAL OF STUDY ON COMPLIANCE PROBLEM 
OF SMALL ELECTRIC UTILITY SYSTEMS. 
(a) REPEAL.—Section 744 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8454) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 744. 
SEC. 3243. REPEAL OF STUDY OF SOCIOECONOMIC IM-
PACTS OF INCREASED COAL PRODUCTION 
AND OTHER ENERGY DEVELOPMENT. 
(a) REPEAL.—Section 746 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8456) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of
242 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 746. 
SEC. 3244. REPEAL OF STUDY OF THE USE OF PETROLEUM 
AND NATURAL GAS IN COMBUSTORS. 
(a) REPEAL.—Section 747 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8457) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 747. 
SEC. 3245. REPEAL OF SUBMISSION OF REPORTS. 
(a) REPEAL.—Section 807 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8483) is re-
pealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Powerplant and Industrial Fuel Use Act of 
1978 (Public Law 95–620; 92 Stat. 3289) is amended by 
striking the item relating to section 807. 
SEC. 3246. REPEAL OF ELECTRIC UTILITY CONSERVATION 
PLAN. 
(a) REPEAL.—Section 808 of the Powerplant and In-
dustrial Fuel Use Act of 1978 (42 U.S.C. 8484) is re-
pealed. 
(b) CONFORMING AMENDMENTS.—
243 
(1) TABLE OF CONTENTS.—The table of con-
tents for the Powerplant and Industrial Fuel Use 
Act of 1978 (Public Law 95–620; 92 Stat. 3289) is 
amended by striking the item relating to section 
808. 
(2) REPORT
ON
IMPLEMENTATION.—Section 
712 of the Powerplant and Industrial Fuel Use Act 
of 1978 (42 U.S.C. 8422) is amended— 
(A) by striking ‘‘(a) GENERALLY.—’’; and 
(B) by striking subsection (b). 
SEC. 3247. TECHNICAL AMENDMENT TO POWERPLANT AND 
INDUSTRIAL FUEL USE ACT OF 1978. 
The table of contents for the Powerplant and Indus-
trial Fuel Use Act of 1978 (Public Law 95–620; 92 Stat. 
3289) is amended by striking the item relating to section 
742. 
SEC. 3248. EMERGENCY ENERGY CONSERVATION REPEALS. 
(a) REPEALS.— 
(1) Section 201 of the Emergency Energy Con-
servation Act of 1979 (42 U.S.C. 8501) is amend-
ed— 
(A) in the section heading, by striking 
‘‘FINDINGS AND’’; 
(B) by striking subsection (a); and 
(C) by striking ‘‘(b) PURPOSES.—’’.
244 
(2) Section 221 of the Emergency Energy Con-
servation Act of 1979 (42 U.S.C. 8521) is repealed. 
(3) Section 222 of the Emergency Energy Con-
servation Act of 1979 (42 U.S.C. 8522) is repealed. 
(4) Section 241 of the Emergency Energy Con-
servation Act of 1979 (42 U.S.C. 8531) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Emergency Energy Conservation Act of 1979 
(Public Law 96–102; 93 Stat. 749) is amended— 
(1) by striking the item relating to section 201 
and inserting the following: 
‘‘Sec. 201. Purposes.’’; 
and 
(2) by striking the items relating to sections 
221, 222, and 241. 
SEC. 3249. REPEAL OF STATE UTILITY REGULATORY AS-
SISTANCE. 
(a) REPEAL.—Section 207 of the Energy Conserva-
tion and Production Act (42 U.S.C. 6807) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Conservation and Production Act 
(Public Law 94–385; 90 Stat. 1125) is amended by strik-
ing the item relating to section 207.
245 
SEC. 3250. REPEAL OF SURVEY OF ENERGY SAVING POTEN-
TIAL. 
(a) REPEAL.—Section 550 of the National Energy 
Conservation Policy Act (42 U.S.C. 8258b) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) The table of contents for the National En-
ergy Conservation Policy Act (Public Law 95–619; 
92 Stat. 3206; 106 Stat. 2851) is amended by strik-
ing the item relating to section 550. 
(2) Section 543(d)(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8253(d)(2)) is 
amended by striking ‘‘, incorporating any relevant 
information obtained from the survey conducted pur-
suant to section 550’’. 
SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM. 
(a) REPEAL.—Part 4 of title V of the National En-
ergy Conservation Policy Act (42 U.S.C. 8271 et seq.) is 
repealed. 
(b) CONFORMING AMENDMENTS.—The table of con-
tents for the National Energy Conservation Policy Act 
(Public Law 95–619; 92 Stat. 3206) is amended— 
(1) by striking the item relating to part 4 of 
title V; and 
(2) by striking the items relating to sections 
561 through 570.
246 
SEC. 3252. REPEAL OF ENERGY AUDITOR TRAINING AND 
CERTIFICATION. 
(a) REPEAL.—Subtitle F of title V of the Energy Se-
curity Act (42 U.S.C. 8285 et seq.) is repealed. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for the Energy Security Act (Public Law 96–294; 
94 Stat. 611) is amended by striking the items relating 
to subtitle F of title V. 
CHAPTER 4—AUTHORIZATION 
SEC. 3261 AUTHORIZATION. 
There are authorized to be appropriated, out of funds 
authorized under previously enacted laws, amounts re-
quired for carrying out this Act and the amendments 
made by this Act. 
TITLE IV—CHANGING CRUDE 
OIL MARKET CONDITIONS 
SEC. 4001. FINDINGS. 
The Congress finds the following: 
(1) The United States has enjoyed a renais-
sance in energy production, establishing the United 
States as the world’s leading oil producer. 
(2) By authorizing crude oil exports, the Con-
gress can spur domestic energy production, create 
and preserve jobs, help maintain and strengthen our 
independent shipping fleet that is essential to na-
247 
tional defense, and generate State and Federal reve-
nues. 
(3) An energy-secure United States that is a 
net exporter of energy has the potential to transform 
the security environment around the world, notably 
in Europe and the Middle East. 
(4) For our European allies and Israel, the 
presence of more United States oil in the market 
will offer more secure supply options, which will 
strengthen United States strategic alliances and help 
curtail the use of energy as a political weapon. 
(5) The 60-ship Maritime Security Fleet is a 
vital element of our military’s strategic sealift and 
global response capability. It assures United States- 
flag ships and United States crews will be available 
to support the United States military when it needs 
to mobilize to protect our allies, and is the most pru-
dent and economical solution to meet current and 
projected sealift requirements for the United States. 
(6) The Maritime Security Fleet program pro-
vides a labor base of skilled American mariners who 
are available to crew the United States Government- 
owned strategic sealift fleet, as well as the United 
States commercial fleet, in both peace and war.
248 
(7) The United States has reduced its oil con-
sumption over the past decade, and increasing in-
vestment in clean energy technology and energy effi-
ciency will lower energy prices, reduce greenhouse 
gas emissions, and increase national security. 
SEC. 4002. REPEAL. 
Section 103 of the Energy Policy and Conservation 
Act (42 U.S.C. 6212) and the item relating thereto in the 
table of contents of that Act are repealed. 
SEC. 4003. NATIONAL POLICY ON OIL EXPORT RESTRIC-
TIONS. 
Notwithstanding any other provision of law, to pro-
mote the efficient exploration, production, storage, supply, 
marketing, pricing, and regulation of energy resources, in-
cluding fossil fuels, no official of the Federal Government 
shall impose or enforce any restriction on the export of 
crude oil. 
SEC. 4004. STUDIES. 
(a) GREENHOUSE GAS EMISSIONS.—Not later than 
120 days after the date of enactment of this Act, the Sec-
retary of Energy shall conduct, and transmit to the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources of the Senate the results of, a study on the net
249 
greenhouse gas emissions that will result from the repeal 
of the crude oil export ban under section 4002. 
(b) CRUDE OIL EXPORT STUDY.— 
(1) IN
GENERAL.—The Department of Com-
merce, in consultation with the Department of En-
ergy, and other departments as appropriate, shall 
conduct a study of the State and national implica-
tions of lifting the crude oil export ban with respect 
to consumers and the economy. 
(2) CONTENTS.—The study conducted under 
paragraph (1) shall include an analysis of— 
(A) the economic impact that exporting 
crude oil will have on the economy of the 
United States; 
(B) the economic impact that exporting 
crude oil will have on consumers, taking into 
account impacts on energy prices; 
(C) the economic impact that exporting 
crude oil will have on domestic manufacturing, 
taking into account impacts on employment; 
and 
(D) the economic impact that exporting 
crude oil will have on the refining sector, taking 
into account impacts on employment.
250 
(3) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Bu-
reau of Industry and Security shall submit to Con-
gress a report containing the results of the study 
conducted under paragraph (1). 
SEC. 4005. SAVINGS CLAUSE. 
Nothing in this title limits the authority of the Presi-
dent under the Constitution, the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.), the Na-
tional Emergencies Act (50 U.S.C. 1601 et seq.), part B 
of title II of the Energy Policy and Conservation Act (42 
U.S.C. 6271 et seq.), the Trading With the Enemy Act 
(50 U.S.C. App. 1 et seq.), or any other provision of law 
that imposes sanctions on a foreign person or foreign gov-
ernment (including any provision of law that prohibits or 
restricts United States persons from engaging in a trans-
action with a sanctioned person or government), including 
a foreign government that is designated as a state sponsor 
of terrorism, to prohibit exports. 
SEC. 4006. PARTNERSHIPS WITH MINORITY SERVING INSTI-
TUTIONS. 
(a) IN GENERAL.—The Department of Energy shall 
continue to develop and broaden partnerships with minor-
ity serving institutions, including Hispanic Serving Insti-
tutions (HSI) and Historically Black Colleges and Univer-
251 
sities (HBCUs) in the areas of oil and gas exploration, 
production, midstream, and refining. 
(b) PUBLIC-PRIVATE PARTNERSHIPS.—The Depart-
ment of Energy shall encourage public-private partner-
ships between the energy sector and minority serving insti-
tutions, including Hispanic Serving Institutions and His-
torically Black Colleges and Universities. 
SEC. 4007. REPORT. 
Not later than 10 years after the date of enactment 
of this Act, the Secretary of Energy and the Secretary 
of Commerce shall jointly transmit to Congress a report 
that reviews the impact of lifting the oil export ban under 
this title as it relates to promoting United States energy 
and national security. 
SEC. 4008. REPORT TO CONGRESS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy and the Secretary 
of Commerce shall jointly transmit to Congress a report 
analyzing how lifting the ban on crude oil exports will help 
create opportunities for veterans and women in the United 
States, while promoting energy and national security.
252 
SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE OIL, RE-
FINED PETROLEUM PRODUCTS, AND PETRO-
CHEMICAL PRODUCTS TO THE ISLAMIC RE-
PUBLIC OF IRAN. 
Nothing in this title shall be construed to authorize 
the export of crude oil, refined petroleum products, and 
petrochemical products by or through any entity or per-
son, wherever located, subject to the jurisdiction of the 
United States to any entity or person located in, subject 
to the jurisdiction of, or sponsored by the Islamic Republic 
of Iran. 
TITLE V—OTHER MATTERS 
SEC. 5001. ASSESSMENT OF REGULATORY REQUIREMENTS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall ensure that the re-
quirements described in subsection (b) are satisfied. 
(b) REQUIREMENTS.—The Administrator shall sat-
isfy— 
(1) section 4 of Executive Order No. 12866 (5 
U.S.C. 601 note) (relating to regulatory planning 
and review) and Executive Order No. 13563 (5 
U.S.C. 601 note) (relating to improving regulation 
and regulatory review) (or any successor Executive 
order establishing requirements applicable to the
253 
uniform reporting of regulatory and deregulatory 
agendas); 
(2) section 602 of title 5, United States Code; 
(3) section 8 of Executive Order No. 13132 (5 
U.S.C. 601 note) (relating to federalism); and 
(4) section 202(a) of the Unfunded Mandates 
Reform Act of 1995 (2 U.S.C. 1532(a)). 
SEC. 5002. DEFINITIONS. 
In this title: 
(1) COVERED CIVIL ACTION.—The term ‘‘cov-
ered civil action’’ means a civil action containing a 
claim under section 702 of title 5, United States 
Code, regarding agency action (as defined for the 
purposes of that section) affecting a covered energy 
project on Federal land. 
(2) COVERED ENERGY PROJECT.— 
(A) IN GENERAL.—The term ‘‘covered en-
ergy project’’ means— 
(i) the leasing of Federal land for the 
exploration, development, production, proc-
essing, or transmission of oil, natural gas, 
coal, geothermal, hydroelectric, biomass, 
solar, or any other source of energy; and 
(ii) any action under the lease.
254 
(B) EXCLUSION.—The term ‘‘covered en-
ergy project’’ does not include any dispute be-
tween the parties to a lease regarding the obli-
gations under the lease, including any alleged 
breach of the lease. 
SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS 
RELATING TO COVERED ENERGY PROJECTS. 
Venue for any covered civil action shall lie in the 
United States district court in which the covered energy 
project or lease exists or is proposed. 
SEC. 5004. TIMELY FILING. 
To ensure timely redress by the courts, a covered civil 
action shall be filed not later than the end of the 90-day 
period beginning on the date of the final Federal agency 
action to which the covered civil action relates. 
SEC. 5005. EXPEDITION IN HEARING AND DETERMINING 
THE ACTION. 
The court shall endeavor to hear and determine any 
covered civil action as expeditiously as practicable. 
SEC. 5006. LIMITATION ON INJUNCTION AND PROSPECTIVE 
RELIEF. 
(a) IN GENERAL.—In a covered civil action, a court 
shall not grant or approve any prospective relief unless 
the court finds that the relief— 
(1) is narrowly drawn;
255 
(2) extends no further than necessary to correct 
the violation of a legal requirement; and 
(3) is the least intrusive means necessary to 
correct the violation. 
(b) DURATION.— 
(1) IN GENERAL.—A court shall limit the dura-
tion of preliminary injunctions to halt covered en-
ergy projects to not more than 60 days, unless the 
court finds clear reasons to extend the injunction. 
(2) ADMINISTRATION.—In the case of an exten-
sion, the extension shall— 
(A) only be in 30-day increments; and 
(B) require action by the court to renew 
the injunction. 
(c) IN GENERAL.—Sections 504 of title 5 and 2412 
of title 28, United States Code (commonly known as the 
‘‘Equal Access to Justice Act’’), shall not apply to a cov-
ered civil action. 
(d) COURT COSTS.—A party to a covered civil action 
shall not receive payment from the Federal Government 
for the attorneys’ fees, expenses, or other court costs in-
curred by the party. 
SEC. 5007. LEGAL STANDING. 
A challenger that files an appeal with the Department 
of the Interior Board of Land Appeals shall meet the same
256 
standing requirements as a challenger before a United 
States district court. 
SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGULATORY 
BARRIERS THAT DELAY, PROHIBIT, OR IM-
PEDE THE EXPORT OF NATURAL ENERGY RE-
SOURCES. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy and the Secretary 
of Commerce shall jointly transmit to the Committee on 
Energy and Commerce and the Committee on Natural Re-
sources of the House of Representatives, and the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Energy and Natural Resources of the Sen-
ate, the results of a study to— 
(1) identify legal and regulatory barriers that 
delay, prohibit, or impede the export of natural en-
ergy resources, including government and technical 
(physical or market) barriers that hinder coal, nat-
ural gas, oil, and other energy exports; and 
(2) estimate the economic impacts of such bar-
riers. 
SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Energy shall transmit to Con-
gress the results of a study to determine the maximum
257 
level of volatility that is consistent with the safest prac-
ticable shipment of crude oil by rail. 
SEC. 5010. SMART METER PRIVACY RIGHTS. 
(a) ELECTRICAL CORPORATION OR GAS CORPORA-
TIONS.— 
(1) For purposes of this section, ‘‘electrical or 
gas consumption data’’ means data about a cus-
tomer’s electrical or natural gas usage that is made 
available as part of an advanced metering infrastruc-
ture, and includes the name, account number, or 
residence of the customer. 
(2)(A) An electrical corporation or gas corpora-
tion shall not share, disclose, or otherwise make ac-
cessible to any third party a customer’s electrical or 
gas consumption data, except as provided in sub-
section (a)(5) or upon the consent of the customer. 
(B) An electrical corporation or gas corporation 
shall not sell a customer’s electrical or gas consump-
tion data or any other personally identifiable infor-
mation for any purpose. 
(C) The electrical corporation or gas corpora-
tion or its contractors shall not provide an incentive 
or discount to the customer for accessing the cus-
tomer’s electrical or gas consumption data without 
the prior consent of the customer.