I 
114TH CONGRESS 
1ST SESSION 
H. R. 8 
To modernize energy infrastructure, build a 21st century energy and manufac-
turing workforce, bolster America’s energy security and diplomacy, and 
promote energy efficiency and government accountability, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2015 
Mr. UPTON introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Science, 
Space, and Technology, Education and the Workforce, Oversight and 
Government Reform, and Foreign Affairs, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To modernize energy infrastructure, build a 21st century 
energy and manufacturing workforce, bolster America’s 
energy security and diplomacy, and promote energy effi-
ciency and government accountability, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘North American Energy Security and Infrastructure Act 
of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—MODERNIZING AND PROTECTING INFRASTRUCTURE 
Sec. 1101. FERC process coordination. 
Sec. 1102. Resolving environmental and grid reliability conflicts. 
Sec. 1103. Emergency preparedness for energy supply disruptions. 
Sec. 1104. Critical electric infrastructure security. 
Sec. 1105. Strategic Transformer Reserve. 
Sec. 1106. Cyber Sense. 
Sec. 1107. State coverage and consideration of PURPA standards for electric 
utilities. 
TITLE II—21ST CENTURY WORKFORCE 
Sec. 2101. Energy and manufacturing workforce development. 
TITLE III—ENERGY SECURITY AND DIPLOMACY 
Sec. 3101. Sense of Congress. 
Sec. 3102. Energy security valuation. 
Sec. 3103. North American energy security plan. 
Sec. 3104. Collective energy security. 
Sec. 3105. Strategic Petroleum Reserve mission readiness plan. 
TITLE IV—ENERGY EFFICIENCY AND ACCOUNTABILITY 
Subtitle A—Energy Efficiency 
CHAPTER 1—FEDERAL AGENCY ENERGY EFFICIENCY 
Sec. 4111. Energy-efficient and energy-saving information technologies. 
Sec. 4112. Energy efficient data centers. 
Sec. 4113. Report on energy and water savings potential from thermal insula-
tion. 
Sec. 4114. Federal purchase requirement. 
CHAPTER 2—ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING 
Sec. 4121. Inclusion of Smart Grid capability on Energy Guide labels. 
Sec. 4122. Voluntary verification programs for air conditioning, furnace, boiler, 
heat pump, and water heater products. 
Sec. 4123. Facilitating consensus furnace standards. 
Sec. 4124. Future of Industry program. 
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CHAPTER 3—ENERGY PERFORMANCE CONTRACTING 
Sec. 4131. Use of energy and water efficiency measures in Federal buildings. 
CHAPTER 4—SCHOOL BUILDINGS 
Sec. 4141. Coordination of energy retrofitting assistance for schools. 
Subtitle B—Accountability 
CHAPTER 1—MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE 
Sec. 4211. FERC Office of Compliance Assistance and Public Participation. 
CHAPTER 2—MARKET REFORMS 
Sec. 4221. GAO study on wholesale electricity markets. 
TITLE I—MODERNIZING AND 
PROTECTING INFRASTRUCTURE 
SEC. 1101. FERC PROCESS COORDINATION. 
Section 15 of the Natural Gas Act (15 U.S.C. 717n) 
is amended— 
(1) by amending subsection (b)(2) to read as 
follows: 
‘‘(2) OTHER AGENCIES.— 
‘‘(A) IN
GENERAL.—Each Federal and 
State agency considering an aspect of an appli-
cation for Federal authorization shall cooperate 
with the Commission and comply with the dead-
lines established by the Commission. 
‘‘(B) IDENTIFICATION.—The Commission 
shall identify, as early as practicable after it is 
notified by a prospective applicant of a potential 
project requiring Commission authorization, 
any Federal or State agency, local government, 
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or Indian tribe that may consider an aspect of 
an application for that Federal authorization. 
‘‘(C) NOTIFICATION.— 
‘‘(i) IN GENERAL.—The Commission 
shall notify any agency identified under 
subparagraph (B) of the opportunity to co-
operate or participate in the review proc-
ess. 
‘‘(ii) 
DEADLINE.—A 
notification 
issued under clause (i) shall establish a 
deadline by which a response to the notifi-
cation shall be submitted, which may be 
extended by the Commission for good 
cause.’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘and’’ at the end of 
subparagraph (A); 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); and 
(iii) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) set deadlines for all such Federal au-
thorizations; and’’; 
(B) by striking paragraph (2); and 
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(C) by adding at the end the following new 
paragraphs: 
‘‘(2) DEADLINE
FOR
FEDERAL
AUTHORIZA-
TIONS.—A final decision on a Federal authorization 
is due no later than 90 days after the Commission 
issues its final environmental document, unless a 
schedule is otherwise established by Federal law. 
‘‘(3) COMMISSION RECOMMENDATION.—To en-
sure that timely decisions are made and that the re-
sponsibilities of each Federal and State agency are 
met when making a decision with respect to a Fed-
eral authorization, the Commission shall coordinate 
its efforts with Federal and State agencies and make 
a recommendation on the scope of the environmental 
review that the Commission determines to be appro-
priate. Each Federal and State agency shall give 
deference to the Commission’s recommendation as 
appropriate and in accordance with applicable Fed-
eral law. 
‘‘(4) CONCURRENT
REVIEWS.—Each Federal 
and State agency considering an aspect of an appli-
cation for a Federal authorization shall— 
‘‘(A) carry out the obligations of that 
agency under applicable law concurrently, and 
in conjunction, with the review required by the 
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National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), unless doing so would im-
pair the ability of the agency to conduct needed 
analysis or otherwise carry out those obliga-
tions; 
‘‘(B) formulate and implement administra-
tive, policy, and procedural mechanisms to en-
able the agency to ensure completion of re-
quired Federal authorizations no later than 90 
days after the Commission issues its final envi-
ronmental document; and 
‘‘(C) transmit to the Commission a state-
ment— 
‘‘(i) acknowledging receipt of the 
schedule established under paragraph (1); 
and 
‘‘(ii) setting forth the plan formulated 
under subparagraph (B) of this paragraph. 
‘‘(5) ISSUE
IDENTIFICATION
AND
RESOLU-
TION.— 
‘‘(A) IDENTIFICATION.—Federal and State 
agencies that may consider an aspect of an ap-
plication for Federal authorization shall iden-
tify, as early as possible, any issues of concern 
that may delay or prevent an agency from 
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working with the Commission to resolve such 
issues and granting such authorization. 
‘‘(B) ISSUE
RESOLUTION.—The Commis-
sion may forward any issue of concern identi-
fied under subparagraph (A) to the heads of 
the relevant agencies (including, in the case of 
a failure by the State agency, the Federal agen-
cy overseeing the delegated authority) for reso-
lution. 
‘‘(6) FAILURE TO MEET SCHEDULE.—If a Fed-
eral or State agency does not complete a proceeding 
for an approval that is required for a Federal au-
thorization in accordance with the schedule estab-
lished by the Commission under paragraph (1)— 
‘‘(A) the applicant may pursue remedies 
under section 19(d); and 
‘‘(B) the head of the relevant Federal 
agency (including, in the case of a failure by a 
State agency, the Federal agency overseeing the 
delegated authority) shall notify Congress and 
the Commission of such failure and set forth a 
recommended implementation plan to ensure 
completion of the proceeding for an approval.’’; 
(3) by redesignating subsections (d) through (f) 
as subsections (f) through (h), respectively; and 
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(4) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) APPLICATION PROCESSING.—The Commission, 
and Federal and State agencies, may allow an applicant 
seeking Federal authorization to fund a third party con-
tractor to assist in reviewing the application. 
‘‘(e) 
ACCOUNTABILITY, 
TRANSPARENCY, 
EFFI-
CIENCY.—For applications requiring multiple Federal au-
thorizations, the Commission, with input from any Federal 
or State agency considering an aspect of an application, 
shall track and make available to the public on the Com-
mission’s website information related to the actions re-
quired to complete permitting, reviews, and other actions 
required. Such information shall include the following: 
‘‘(1) The schedule established by the Commis-
sion under subsection (c)(1). 
‘‘(2) A list of all the actions required by each 
applicable agency to complete permitting, reviews, 
and other actions necessary to obtain a final decision 
on the Federal authorization. 
‘‘(3) The expected completion date for each 
such action. 
‘‘(4) A point of contact at the agency account-
able for each such action. 
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‘‘(5) In the event that an action is still pending 
as of the expected date of completion, a brief expla-
nation of the reasons for the delay.’’. 
SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELI-
ABILITY CONFLICTS. 
(a) COMPLIANCE WITH OR VIOLATION OF ENVIRON-
MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 
Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
‘‘(2) With respect to an order issued under this sub-
section that may result in a conflict with a requirement 
of any Federal, State, or local environmental law or regu-
lation, the Commission shall ensure that such order re-
quires generation, delivery, interchange, or transmission 
of electric energy only during hours necessary to meet the 
emergency and serve the public interest, and, to the max-
imum extent practicable, is consistent with any applicable 
Federal, State, or local environmental law or regulation 
and minimizes any adverse environmental impacts. 
‘‘(3) To the extent any omission or action taken by 
a party, that is necessary to comply with an order issued 
under this subsection, including any omission or action 
taken to voluntarily comply with such order, results in 
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noncompliance with, or causes such party to not comply 
with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered 
a violation of such environmental law or regulation, or 
subject such party to any requirement, civil or criminal 
liability, or a citizen suit under such environmental law 
or regulation. 
‘‘(4)(A) An order issued under this subsection that 
may result in a conflict with a requirement of any Federal, 
State, or local environmental law or regulation shall expire 
not later than 90 days after it is issued. The Commission 
may renew or reissue such order pursuant to paragraphs 
(1) and (2) for subsequent periods, not to exceed 90 days 
for each period, as the commission determines necessary 
to meet the emergency and serve the public interest. 
‘‘(B) In renewing or reissuing an order under sub-
paragraph (A), the Commission shall consult with the pri-
mary Federal agency with expertise in the environmental 
interest protected by such law or regulation, and shall in-
clude in any such renewed or reissued order such condi-
tions as such Federal agency determines necessary to min-
imize any adverse environmental impacts to the extent 
practicable. The conditions, if any, submitted by such Fed-
eral agency shall be made available to the public. The 
Commission may exclude such a condition from the re-
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newed or reissued order if it determines that such condi-
tion would prevent the order from adequately addressing 
the emergency necessitating such order and provides in 
the order, or otherwise makes publicly available, an expla-
nation of such determination. 
‘‘(5) If an order issued under this subsection is subse-
quently stayed, modified, or set aside by a court pursuant 
to section 313 or any other provision of law, any omission 
or action previously taken by a party that was necessary 
to comply with the order while the order was in effect, 
including any omission or action taken to voluntarily com-
ply with the order, shall remain subject to paragraph 
(3).’’. 
(b) TEMPORARY CONNECTION OR CONSTRUCTION BY 
MUNICIPALITIES.—Section 202(d) of the Federal Power 
Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu-
nicipality’’ before ‘‘engaged in the transmission or sale of 
electric energy’’. 
SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUP-
PLY DISRUPTIONS. 
(a) FINDING.—Congress finds that recent natural 
disasters have underscored the importance of having resil-
ient oil and natural gas infrastructure and effective ways 
for industry and government to communicate to address 
energy supply disruptions. 
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(b) AUTHORIZATION FOR ACTIVITIES TO ENHANCE 
EMERGENCY
PREPAREDNESS
FOR
NATURAL
DISAS-
TERS.—The Secretary of Energy shall develop and adopt 
procedures to— 
(1) improve communication and coordination 
between the Department of Energy’s energy re-
sponse team, Federal partners, and industry; 
(2) leverage the Energy Information Adminis-
tration’s subject matter expertise within the Depart-
ment’s energy response team to improve supply 
chain situation assessments; 
(3) establish company liaisons and direct com-
munication with the Department’s energy response 
team to improve situation assessments; 
(4) streamline and enhance processes for ob-
taining temporary regulatory relief to speed up 
emergency response and recovery; 
(5) facilitate and increase engagement among 
States, the oil and natural gas industry, and the De-
partment in developing State and local energy assur-
ance plans; 
(6) establish routine education and training 
programs for key government emergency response 
positions with the Department and States; and 
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(7) involve States and the oil and natural gas 
industry in comprehensive drill and exercise pro-
grams. 
(c) COOPERATION.—The activities carried out under 
subsection (b) shall include collaborative efforts with State 
and local government officials and the private sector. 
(d) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Energy shall 
submit to Congress a report describing the effectiveness 
of the activities authorized under this section. 
SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECU-
RITY. 
(a) CRITICAL ELECTRIC INFRASTRUCTURE SECU-
RITY.—Part II of the Federal Power Act (16 U.S.C. 824 
et seq.) is amended by adding after section 215 the fol-
lowing new section: 
‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECU-
RITY. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) BULK-POWER
SYSTEM; ELECTRIC
RELI-
ABILITY
ORGANIZATION; REGIONAL
ENTITY.—The 
terms ‘bulk-power system’, ‘Electric Reliability Or-
ganization’, and ‘regional entity’ have the meanings 
given such terms in paragraphs (1), (2), and (7) of 
section 215(a), respectively. 
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‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— 
The term ‘critical electric infrastructure’ means a 
system or asset of the bulk-power system, whether 
physical or virtual, the incapacity or destruction of 
which would negatively affect national security, eco-
nomic security, public health or safety, or any com-
bination of such matters. 
‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN-
FORMATION.—The term ‘critical electric infrastruc-
ture information’ means information related to crit-
ical electric infrastructure, or proposed critical elec-
trical infrastructure, generated by or provided to the 
Commission or other Federal agency, other than 
classified national security information, that is des-
ignated as critical electric infrastructure information 
by the Commission under subsection (d)(2). Such 
term includes information that qualifies as critical 
energy infrastructure information under the Com-
mission’s regulations. 
‘‘(4) DEFENSE
CRITICAL
ELECTRIC
INFRA-
STRUCTURE.—The term ‘defense critical electric in-
frastructure’ means any electric infrastructure lo-
cated in the United States (including the territories) 
that serves a facility designated by the Secretary 
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pursuant to subsection (c), but is not owned or oper-
ated by the owner or operator of such facility. 
‘‘(5) ELECTROMAGNETIC
PULSE.—The term 
‘electromagnetic pulse’ means 1 or more pulses of 
electromagnetic energy emitted by a device capable 
of disabling or disrupting operation of, or destroy-
ing, electronic devices or communications networks, 
including hardware, software, and data, by means of 
such a pulse. 
‘‘(6) GEOMAGNETIC
STORM.—The term ‘geo-
magnetic storm’ means a temporary disturbance of 
the Earth’s magnetic field resulting from solar activ-
ity. 
‘‘(7) GRID SECURITY EMERGENCY.—The term 
‘grid security emergency’ means the occurrence or 
imminent danger of— 
‘‘(A)(i) a malicious act using electronic 
communication or an electromagnetic pulse, or 
a geomagnetic storm event, that could disrupt 
the operation of those electronic devices or com-
munications networks, including hardware, soft-
ware, and data, that are essential to the reli-
ability of critical electric infrastructure or of de-
fense critical electric infrastructure; and 
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‘‘(ii) disruption of the operation of such 
devices or networks, with significant adverse ef-
fects on the reliability of critical electric infra-
structure or of defense critical electric infra-
structure, as a result of such act or event; or 
‘‘(B)(i) a direct physical attack on critical 
electric infrastructure or on defense critical 
electric infrastructure; and 
‘‘(ii) significant adverse effects on the reli-
ability of critical electric infrastructure or of de-
fense critical electric infrastructure as a result 
of such physical attack. 
‘‘(8) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Energy. 
‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY 
EMERGENCY.— 
‘‘(1) AUTHORITY.—Whenever the President 
issues and provides to the Secretary a written direc-
tive or determination identifying a grid security 
emergency, the Secretary may, with or without no-
tice, hearing, or report, issue such orders for emer-
gency measures as are necessary in the judgment of 
the Secretary to protect or restore the reliability of 
critical electric infrastructure or of defense critical 
electric infrastructure during such emergency. As 
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soon as practicable but not later than 180 days after 
the date of enactment of this section, the Secretary 
shall, after notice and opportunity for comment, es-
tablish rules of procedure that ensure that such au-
thority can be exercised expeditiously. 
‘‘(2) NOTIFICATION OF CONGRESS.—Whenever 
the President issues and provides to the Secretary a 
written directive or determination under paragraph 
(1), the President shall promptly notify congres-
sional committees of relevant jurisdiction, including 
the Committee on Energy and Commerce of the 
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate, of the 
contents of, and justification for, such directive or 
determination. 
‘‘(3) CONSULTATION.—Before issuing an order 
for emergency measures under paragraph (1), the 
Secretary shall, to the extent practicable in light of 
the nature of the grid security emergency and the 
urgency of the need for action, consult with appro-
priate governmental authorities in Canada and Mex-
ico, entities described in paragraph (4), the Elec-
tricity Sub-sector Coordinating Council, the Commis-
sion, and other appropriate Federal agencies regard-
ing implementation of such emergency measures. 
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‘‘(4) APPLICATION.—An order for emergency 
measures under this subsection may apply to— 
‘‘(A) the Electric Reliability Organization; 
‘‘(B) a regional entity; or 
‘‘(C) any owner, user, or operator of crit-
ical electric infrastructure or of defense critical 
electric infrastructure within the United States. 
‘‘(5) EXPIRATION AND REISSUANCE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an order for emergency 
measures issued under paragraph (1) shall ex-
pire no later than 15 days after its issuance. 
‘‘(B) EXTENSIONS.—The Secretary may 
reissue an order for emergency measures issued 
under paragraph (1) for subsequent periods, 
not to exceed 15 days for each such period, pro-
vided that the President, for each such period, 
issues and provides to the Secretary a written 
directive or determination that the grid security 
emergency identified under paragraph (1) con-
tinues to exist or that the emergency measure 
continues to be required. 
‘‘(6) COST RECOVERY.— 
‘‘(A) CRITICAL
ELECTRIC
INFRASTRUC-
TURE.—If the Commission determines that 
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owners, operators, or users of critical electric 
infrastructure have incurred substantial costs to 
comply with an order for emergency measures 
issued under this subsection and that such costs 
were prudently incurred and cannot reasonably 
be recovered through regulated rates or market 
prices for the electric energy or services sold by 
such owners, operators, or users, the Commis-
sion shall, consistent with the requirements of 
section 205, after notice and an opportunity for 
comment, establish a mechanism that permits 
such owners, operators, or users to recover such 
costs. 
‘‘(B) DEFENSE CRITICAL ELECTRIC INFRA-
STRUCTURE.—To the extent the owner or oper-
ator of defense critical electric infrastructure is 
required to take emergency measures pursuant 
to an order issued under this subsection, the 
owners or operators of a critical defense facility 
or facilities designated by the Secretary pursu-
ant to subsection (c) that rely upon such infra-
structure shall bear the full incremental costs of 
the measures. 
‘‘(7) TEMPORARY ACCESS TO CLASSIFIED IN-
FORMATION.—The Secretary, and other appropriate 
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Federal agencies, shall, to the extent practicable and 
consistent with their obligations to protect classified 
information, provide temporary access to classified 
information related to a grid security emergency for 
which emergency measures are issued under para-
graph (1) to key personnel of any entity subject to 
such emergency measures to enable optimum com-
munication between the entity and the Secretary and 
other appropriate Federal agencies regarding the 
grid security emergency. 
‘‘(c) DESIGNATION OF CRITICAL DEFENSE FACILI-
TIES.—Not later than 180 days after the date of enact-
ment of this section, the Secretary, in consultation with 
other appropriate Federal agencies and appropriate own-
ers, users, or operators of infrastructure that may be de-
fense critical electric infrastructure, shall identify and des-
ignate facilities located in the United States (including the 
territories) that are— 
‘‘(1) critical to the defense of the United States; 
and 
‘‘(2) vulnerable to a disruption of the supply of 
electric energy provided to such facility by an exter-
nal provider. 
The Secretary may, in consultation with appropriate Fed-
eral agencies and appropriate owners, users, or operators 
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of defense critical electric infrastructure, periodically re-
vise the list of designated facilities as necessary. 
‘‘(d) PROTECTION AND SHARING OF CRITICAL ELEC-
TRIC INFRASTRUCTURE INFORMATION.— 
‘‘(1) PROTECTION OF CRITICAL ELECTRIC IN-
FRASTRUCTURE INFORMATION.—Critical electric in-
frastructure information— 
‘‘(A) shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code; 
and 
‘‘(B) shall not be made available by any 
Federal, State, political subdivision or tribal au-
thority pursuant to any Federal, State, political 
subdivision or tribal law requiring public disclo-
sure of information or records. 
‘‘(2) DESIGNATION AND SHARING OF CRITICAL 
ELECTRIC
INFRASTRUCTURE
INFORMATION.—Not 
later than one year after the date of enactment of 
this section, the Commission, in consultation with 
the Secretary of Energy, shall promulgate such reg-
ulations and issue such orders as necessary to— 
‘‘(A) designate information as critical elec-
tric infrastructure information; 
‘‘(B) prohibit the unauthorized disclosure 
of critical electric infrastructure information; 
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‘‘(C) ensure there are appropriate sanc-
tions in place for Commissioners, officers, em-
ployees, or agents of the Commission who 
knowingly and willfully disclose critical electric 
infrastructure information in a manner that is 
not authorized under this section; and 
‘‘(D) taking into account standards of the 
Electric Reliability Organization, facilitate vol-
untary sharing of critical electric infrastructure 
information with, between, and by— 
‘‘(i) Federal, State, political subdivi-
sion, and tribal authorities; 
‘‘(ii) the Electric Reliability Organiza-
tion; 
‘‘(iii) regional entities; 
‘‘(iv) information sharing and analysis 
centers established pursuant to Presi-
dential Decision Directive 63; 
‘‘(v) owners, operators, and users of 
critical electric infrastructure in the United 
States; and 
‘‘(vi) other entities determined appro-
priate by the Commission. 
‘‘(3) CONSIDERATIONS.—In promulgating regu-
lations and issuing orders under paragraph (2), the 
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Commission shall take into consideration the role of 
State commissions in reviewing the prudence and 
cost of investments, determining the rates and terms 
of conditions for electric services, and ensuring the 
safety and reliability of the bulk-power system and 
distribution facilities within their respective jurisdic-
tions. 
‘‘(4) PROTOCOLS.—The Commission shall, in 
consultation with Canadian and Mexican authorities, 
develop protocols for the voluntary sharing of critical 
electric infrastructure information with Canadian 
and Mexican authorities and owners, operators, and 
users of the bulk-power system outside the United 
States. 
‘‘(5) NO
REQUIRED
SHARING
OF
INFORMA-
TION.—Nothing in this section shall require a person 
or entity in possession of critical electric infrastruc-
ture information to share such information with 
Federal, State, political subdivision, or tribal au-
thorities, or any other person or entity. 
‘‘(6) DISCLOSURE OF NON-CRITICAL ELECTRIC 
INFRASTRUCTURE INFORMATION.—In implementing 
this section, the Commission shall segregate critical 
electric infrastructure information within documents 
and electronic communications, wherever feasible, to 
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facilitate disclosure of information that is not des-
ignated as critical electric infrastructure informa-
tion. 
‘‘(e) SECURITY CLEARANCES.—The Secretary shall 
facilitate and, to the extent practicable, expedite the acqui-
sition of adequate security clearances by key personnel of 
any entity subject to the requirements of this section, to 
enable optimum communication with Federal agencies re-
garding threats to the security of the critical electric infra-
structure. The Secretary, the Commission, and other ap-
propriate Federal agencies shall, to the extent practicable 
and consistent with their obligations to protect classified 
and critical electric infrastructure information, share time-
ly actionable information regarding grid security with ap-
propriate key personnel of owners, operators, and users 
of the critical electric infrastructure. 
‘‘(f) CLARIFICATIONS OF LIABILITY.— 
‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS 
ACT.—Except as provided in paragraph (4), to the 
extent any action or omission taken by an entity 
that is necessary to comply with an order for emer-
gency measures issued under subsection (b)(1), in-
cluding any action or omission taken to voluntarily 
comply with such order, results in noncompliance 
with, or causes such entity not to comply with any 
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rule, order, regulation, or provision of this Act, in-
cluding any reliability standard approved by the 
Commission pursuant to section 215, such action or 
omission shall not be considered a violation of such 
rule, order, regulation, or provision. 
‘‘(2) RELATION TO SECTION 202(c).—Except as 
provided in paragraph (4), an action or omission 
taken by an owner, operator, or user of critical elec-
tric infrastructure or of defense critical electric in-
frastructure to comply with an order for emergency 
measures issued under subsection (b)(1) shall be 
treated as an action or omission taken to comply 
with an order issued under section 202(c) for pur-
poses of such section. 
‘‘(3) SHARING OR RECEIPT OF INFORMATION.— 
No cause of action shall lie or be maintained in any 
Federal or State court for the sharing or receipt of 
information under, and that is conducted in accord-
ance with, subsection (d). 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed to require dis-
missal of a cause of action against an entity that, 
in the course of complying with an order for emer-
gency measures issued under subsection (b)(1) by 
taking an action or omission for which they would 
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be liable but for paragraph (1) or (2), takes such ac-
tion or omission in a grossly negligent manner.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) JURISDICTION.—Section 201(b)(2) of the 
Federal Power Act (16 U.S.C. 824(b)(2)) is amend-
ed by inserting ‘‘215A,’’ after ‘‘215,’’ each place it 
appears. 
(2) PUBLIC
UTILITY.—Section 201(e) of the 
Federal Power Act (16 U.S.C. 824(e)) is amended 
by inserting ‘‘215A,’’ after ‘‘215,’’. 
SEC. 1105. STRATEGIC TRANSFORMER RESERVE. 
(a) FINDING.—Congress finds that the storage of 
strategically located spare large power transformers will 
reduce the vulnerability of the United States to multiple 
risks facing electric grid reliability, including physical at-
tack, cyber attack, electromagnetic pulse, geomagnetic dis-
turbances, severe weather, and seismic events. 
(b) DEFINITIONS.—In this section: 
(1) BULK-POWER
SYSTEM.—The term ‘‘bulk- 
power system’’ has the meaning given such term in 
section 215(a) of the Federal Power Act (16 U.S.C. 
824o(a)). 
(2) CRITICALLY
DAMAGED
LARGE
POWER 
TRANSFORMER.—The term ‘‘critically damaged large 
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power transformer’’ means a large power trans-
former that— 
(A) has sustained extensive damage such 
that— 
(i) repair or refurbishment is not eco-
nomically viable; or 
(ii) the extensive time to repair or re-
furbish the large power transformer would 
create an extended period of instability in 
the bulk-power system; and 
(B) prior to sustaining such damage, was 
part of the bulk-power system. 
(3) ELECTRIC
RELIABILITY
ORGANIZATION.— 
The term ‘‘Electric Reliability Organization’’ has the 
meaning given such term in section 215(a) of the 
Federal Power Act (16 U.S.C. 824o(a)). 
(4) LARGE POWER TRANSFORMER.—The term 
‘‘large power transformer’’ means a power trans-
former with a maximum nameplate rating of 100 
megavolt-amperes or higher, including related crit-
ical equipment, that is, or is intended to be, a part 
of the bulk-power system. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
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(6) SPARE LARGE POWER TRANSFORMER.—The 
term ‘‘spare large power transformer’’ means a large 
power transformer that is stored within the Stra-
tegic Transformer Reserve to be available to tempo-
rarily replace a critically damaged large power trans-
former. 
(c) STRATEGIC TRANSFORMER RESERVE PLAN.— 
(1) PLAN.—Not later than one year after the 
date of enactment of this Act, the Secretary, acting 
through the Office of Electricity Delivery and En-
ergy Reliability, shall, in consultation with the Fed-
eral Energy Regulatory Commission, the Electricity 
Sub-sector Coordinating Council, and the Electric 
Reliability Organization, prepare and submit to Con-
gress a plan to establish a Strategic Transformer 
Reserve for the storage, in strategically located fa-
cilities, of spare large power transformers in suffi-
cient numbers to temporarily replace critically dam-
aged large power transformers. 
(2) INCLUSIONS.—The Strategic Transformer 
Reserve plan shall include a description of— 
(A) the appropriate number and type of 
spare large power transformers necessary to 
provide or restore sufficient resiliency to the 
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bulk-power system to mitigate significant im-
pacts to the electric grid resulting from— 
(i) physical attack; 
(ii) cyber attack; 
(iii) electromagnetic pulse attack; 
(iv) geomagnetic disturbances; 
(v) severe weather; or 
(vi) seismic events; 
(B) other critical electric grid equipment 
for which an inventory of spare equipment is 
necessary to provide or restore sufficient resil-
iency to the bulk-power system; 
(C) the degree to which utility sector ac-
tions or initiatives, including individual utility 
ownership of spare equipment, joint ownership 
of spare equipment inventory, sharing agree-
ments, or other spare equipment reserves or ar-
rangements, satisfy the needs identified under 
subparagraphs (A) and (B); 
(D) the potential locations for, and feasi-
bility and appropriate number of, strategic stor-
age locations for reserve equipment, including 
consideration of— 
(i) the physical security of such loca-
tions; 
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(ii) the protection of the confiden-
tiality of such locations; and 
(iii) the proximity of such locations to 
sites of potentially critically damaged large 
power transformers, so as to enable effi-
cient delivery of spare large power trans-
formers to such sites; 
(E) the necessary degree of flexibility of 
spare large power transformers to be included 
in the Strategic Transformer Reserve to con-
form to different substation configurations, in-
cluding consideration of transformer— 
(i) power and voltage rating for each 
winding; 
(ii) overload requirements; 
(iii) impedance between windings; 
(iv) configuration of windings; and 
(v) tap requirements; 
(F) an estimate of the direct cost of the 
Strategic Transformer Reserve, as proposed, in-
cluding— 
(i) the cost of storage facilities for the 
spare large power transformers; 
(ii) the cost of the spare large power 
transformers; and 
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(iii) management, maintenance, and 
operation costs; 
(G) the funding options available to estab-
lish, stock, manage, and maintain the Strategic 
Transformer Reserve, including consideration of 
fees on owners of bulk-power system facilities 
relying on the Strategic Transformer Reserve, 
use of Federal appropriations, and public-pri-
vate cost-sharing options; 
(H) the ease and speed of transportation, 
installation, and energization of spare large 
power transformers to be included in the Stra-
tegic Transformer Reserve, including consider-
ation of factors such as— 
(i) transformer transportation weight; 
(ii) transformer size; 
(iii) topology of critical substations; 
(iv) availability of appropriate trans-
former mounting pads; 
(v) flexibility of the spare large power 
transformers as described in subparagraph 
(E); and 
(vi) ability to rapidly transition a 
spare large power transformer from stor-
age to energization; 
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(I) eligibility criteria for withdrawal of 
spare large power transformers from the Stra-
tegic Transformer Reserve to replace critically 
damaged large power transformers; 
(J) the process by which owners of criti-
cally damaged large power transformers may 
apply for a withdrawal from the Strategic 
Transformer Reserve; 
(K) the process by which spare large power 
transformers withdrawn from the Strategic 
Transformer Reserve are returned to the Stra-
tegic Transformer Reserve or are replaced; 
(L) possible fees to be paid by owners of 
critically damaged large power transformers 
that have withdrawn such spare large power 
transformers from the Strategic Transformer 
Reserve; 
(M) possible fees to be paid by owners of 
large power transformers to cover operating 
costs of the Strategic Transformer Reserve; 
(N) the domestic and international large 
power transformer supply chain; and 
(O) other considerations for designing, 
constructing, stocking, funding, and managing 
the Strategic Transformer Reserve. 
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(d) ESTABLISHMENT.—The Secretary may establish 
a Strategic Transformer Reserve in accordance with the 
plan prepared pursuant to subsection (c) after the date 
that is 6 months after the date on which such plan is sub-
mitted to Congress. 
(e) DISCLOSURE OF INFORMATION.—Any informa-
tion included in the Strategic Transformer Reserve plan, 
or shared in the preparation and development of such 
plan, the disclosure of which could cause harm to critical 
electric infrastructure (as defined in section 215A of the 
Federal Power Act), shall be exempt from disclosure under 
section 552(b)(3) of title 5, United States Code, and any 
State, tribal, or local law requiring disclosure of informa-
tion or records. 
SEC. 1106. CYBER SENSE. 
(a) IN GENERAL.—The Secretary of Energy shall es-
tablish a voluntary Cyber Sense program to identify and 
promote cyber-secure products intended for use in the 
bulk-power system, as defined in section 215(a) of the 
Federal Power Act (16 U.S.C. 824o(a)). 
(b) PROGRAM REQUIREMENTS.—In carrying out sub-
section (a), the Secretary of Energy shall— 
(1) establish a Cyber Sense testing process to 
identify products and technologies intended for use 
in the bulk-power system, including products relat-
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ing to industrial control systems, such as supervisory 
control and data acquisition systems; 
(2) for products tested and identified under the 
Cyber Sense program, establish and maintain cyber-
security vulnerability reporting processes and a re-
lated database; 
(3) promulgate regulations regarding vulner-
ability reporting processes for products tested and 
identified under the Cyber Sense program; 
(4) provide technical assistance to utilities, 
product manufacturers, and other electric sector 
stakeholders to develop solutions to mitigate identi-
fied vulnerabilities in products tested and identified 
under the Cyber Sense program; 
(5) biennially review products tested and identi-
fied 
under 
the 
Cyber 
Sense 
program 
for 
vulnerabilities and provide analysis with respect to 
how such products respond to and mitigate cyber 
threats; 
(6) develop procurement guidance for utilities 
for products tested and identified under the Cyber 
Sense program; 
(7) provide reasonable notice to the public, and 
solicit comments from the public, prior to estab-
lishing or revising the Cyber Sense testing process; 
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(8) oversee Cyber Sense testing carried out by 
third parties; and 
(9) consider incentives to encourage the use in 
the bulk-power system of products tested and identi-
fied under the Cyber Sense program. 
(c) DISCLOSURE
OF INFORMATION.—Any vulner-
ability reported pursuant to regulations promulgated 
under subsection (b)(3), the disclosure of which could 
cause harm to critical electric infrastructure (as defined 
in section 215A of the Federal Power Act), shall be ex-
empt from disclosure under section 552(b)(3) of title 5, 
United States Code, and any State, tribal, or local law 
requiring disclosure of information or records. 
(d) FEDERAL GOVERNMENT LIABILITY.—Consistent 
with other voluntary Federal Government certification 
programs, nothing in this section shall be construed to au-
thorize the commencement of an action against the United 
States Government with respect to the testing and identi-
fication of a product under the Cyber Sense program. 
SEC. 1107. STATE COVERAGE AND CONSIDERATION OF 
PURPA STANDARDS FOR ELECTRIC UTILI-
TIES. 
(a) STATE CONSIDERATION OF RESILIENCY AND AD-
VANCED ENERGY ANALYTICS TECHNOLOGIES AND RELI-
ABLE GENERATION.— 
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(1) CONSIDERATION.—Section 111(d) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2621(d)) is amended by adding the following 
at the end: 
‘‘(20) IMPROVING THE RESILIENCE OF ELEC-
TRIC INFRASTRUCTURE.— 
‘‘(A) IN
GENERAL.—Each electric utility 
shall develop a plan to use resiliency-related 
technologies and other approaches designed to 
improve the resilience of electric infrastructure, 
mitigate power outages, continue delivery of 
vital services, and maintain the flow of power to 
facilities critical to public health, safety, and 
welfare, to the extent practicable using the most 
current data, metrics, and frameworks related 
to current and future threats, including phys-
ical and cyber attacks, electromagnetic pulse at-
tacks, geomagnetic disturbances, seismic events, 
and severe weather and other environmental 
stressors. 
‘‘(B) 
RESILIENCY-RELATED
TECH-
NOLOGIES.—For purposes of this paragraph, 
examples of resiliency-related technologies in-
clude— 
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‘‘(i) advanced grid technologies capa-
ble of isolating or repairing problems re-
motely, such as advanced metering infra-
structure, high-tech sensors, grid moni-
toring and control systems, and remote re-
configuration and redundancy systems; 
‘‘(ii) all types of distributed and back- 
up generation; 
‘‘(iii) microgrids; 
‘‘(iv) combined heat and power; 
‘‘(v) waste heat resources; 
‘‘(vi) energy storage technologies; 
‘‘(vii) wiring, cabling, and other dis-
tribution components, including submers-
ible distribution components, and enclo-
sures; 
‘‘(viii) electronically controlled re-
closers and similar technologies for power 
restoration; and 
‘‘(ix) advanced energy analytics tech-
nology (as described in paragraph (21)). 
‘‘(C) RATE RECOVERY.—Each State regu-
latory authority (with respect to each electric 
utility for which it has ratemaking authority) 
shall consider authorizing each such electric 
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utility to recover any capital, operating expendi-
ture, or other costs of the electric utility related 
to the procurement, deployment, or use of resil-
iency-related technologies, including a reason-
able rate of return on the capital expenditures 
of the electric utility for the procurement, de-
ployment, or use of resiliency-related tech-
nologies. 
‘‘(21) PROMOTING INVESTMENTS IN ADVANCED 
ENERGY ANALYTICS TECHNOLOGY.— 
‘‘(A) IN
GENERAL.—Each electric utility 
shall develop and implement a plan for deploy-
ing advanced energy analytics technology. 
‘‘(B) RATE RECOVERY.—Each State regu-
latory authority (with respect to each electric 
utility for which it has ratemaking authority) 
shall consider confirming and clarifying, if nec-
essary, that each such electric utility is author-
ized to recover the costs of the electric utility 
relating to the procurement, deployment, or use 
of advanced energy analytics technology, includ-
ing a reasonable rate of return on all such costs 
incurred by the electric utility for the procure-
ment, deployment, or use of advanced energy 
analytics technology, provided such technology 
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is used by the electric utility for purposes of re-
alizing operational efficiencies, cost savings, en-
hanced energy management and customer en-
gagement, improvements in system reliability, 
safety, and cybersecurity, or other benefits to 
ratepayers. 
‘‘(C) 
ADVANCED
ENERGY
ANALYTICS 
TECHNOLOGY.—For purposes of this para-
graph, examples of advanced energy analytics 
technology include Internet-based and cloud- 
based computing solutions and subscription li-
censing models, including software as a service 
that uses cyber-physical systems to allow the 
correlation of data aggregated from appropriate 
data sources and smart grid sensor networks, 
employs analytics and machine learning, or em-
ploys other advanced computing solutions and 
models. 
‘‘(22) ASSURING ELECTRIC RELIABILITY WITH 
RELIABLE GENERATION.— 
‘‘(A) ASSURANCE
OF
ELECTRIC
RELI-
ABILITY.—Each electric utility shall adopt or 
modify policies to ensure that such electric util-
ity incorporates reliable generation into its inte-
grated resource plan to assure the availability 
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of electric energy over a 10-year planning pe-
riod. 
‘‘(B) RELIABLE
GENERATION.—For pur-
poses of this paragraph, ‘reliable generation’ 
means electric generation facilities with reli-
ability attributes that include— 
‘‘(i) operational characteristics that 
enable the generation of electric energy on 
a continuous basis; 
‘‘(ii) in order to generate electric en-
ergy on a continuous basis— 
‘‘(I) possession of adequate fuel 
on-site; 
‘‘(II) the operational ability to 
generate electric energy from more 
than one fuel source; or 
‘‘(III) fuel certainty, through 
contractual obligations, that ensures 
adequate fuel supply; 
‘‘(iii) operational characteristics that 
enable the generation of electric energy 
during emergency and severe weather con-
ditions; and 
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‘‘(iv) essential reliability services, in-
cluding frequency support and voltage sup-
port, to maintain electric reliability.’’. 
(2) COMPLIANCE.— 
(A) TIME
LIMITATIONS.—Section 112(b) 
of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(b)) is amended by add-
ing at the end the following: 
‘‘(7)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which it has ratemaking authority) and each non-
regulated electric utility shall commence the consid-
eration referred to in section 111, or set a hearing 
date for consideration, with respect to the standards 
established by paragraphs (20) and (22) of section 
111(d). 
‘‘(B) Not later than 2 years after the date of 
the enactment of this paragraph, each State regu-
latory authority (with respect to each electric utility 
for which it has ratemaking authority) and each 
nonregulated electric utility shall complete the con-
sideration, and shall make the determination, re-
ferred to in section 111 with respect to each stand-
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ard established by paragraphs (20) and (22) of sec-
tion 111(d). 
‘‘(8)(A) Not later than 6 months after the date 
of enactment of this paragraph, each State regu-
latory authority (with respect to each electric utility 
for which it has ratemaking authority) and each 
nonregulated electric utility shall commence the con-
sideration referred to in section 111, or set a hear-
ing date for consideration, with respect to the stand-
ard established by paragraph (21) of section 111(d). 
‘‘(B) Not later than 1 year after the date of en-
actment of this paragraph, each State regulatory au-
thority (with respect to each electric utility for which 
it has ratemaking authority) and each nonregulated 
electric utility shall complete the consideration, and 
shall make the determination, referred to in section 
111 with respect to the standard established by 
paragraph (21) of section 111(d).’’. 
(B) FAILURE TO COMPLY.—Section 112(c) 
of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(c)) is amended by add-
ing the following at the end: ‘‘In the case of the 
standards established by paragraphs (20) 
through (22) of section 111(d), the reference 
contained in this subsection to the date of en-
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actment of this Act shall be deemed to be a ref-
erence to the date of enactment of such para-
graphs.’’. 
(C) PRIOR STATE ACTIONS.—Section 112 
of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(d)) is amended by add-
ing at the end the following new subsection: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and 
(c) of this section shall not apply to a standard established 
by paragraph (20), (21), or (22) of section 111(d) in the 
case of any electric utility in a State if— 
‘‘(1) before the date of enactment of this sub-
section, the State has implemented for such utility 
the standard concerned (or a comparable standard); 
‘‘(2) the State regulatory authority for such 
State or relevant nonregulated electric utility has 
conducted a proceeding to consider implementation 
of the standard concerned (or a comparable stand-
ard) for such utility during the 3-year period ending 
on the date of enactment of this subsection; or 
‘‘(3) the State legislature has voted on the im-
plementation of the standard concerned (or a com-
parable standard) for such utility during the 3-year 
period ending on the date of enactment of this sub-
section.’’. 
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(b) COVERAGE FOR COMPETITIVE MARKETS.—Sec-
tion 102 of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2612) is amended by adding at the end 
the following: 
‘‘(d) The requirements of this title do not apply to 
the operations of an electric utility, or to proceedings re-
specting such operations, to the extent that such oper-
ations or proceedings relate to the competitive sale of re-
tail electric energy that is unbundled or separated from 
the regulated provision or sale of distribution service.’’. 
TITLE II—21ST CENTURY 
WORKFORCE 
SEC. 2101. ENERGY AND MANUFACTURING WORKFORCE DE-
VELOPMENT. 
(a) IN GENERAL.—The Secretary of Energy (in this 
section referred to as the ‘‘Secretary’’) shall establish and 
carry out a comprehensive program to improve education 
and training for energy and manufacturing-related jobs in 
order to increase the number of skilled workers trained 
to work in energy and manufacturing-related fields, in-
cluding by— 
(1) encouraging underrepresented groups, in-
cluding religious and ethnic minorities, women, vet-
erans, 
individuals 
with 
disabilities, 
and 
socioeconomically disadvantaged individuals to enter 
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into the science, technology, engineering, and mathe-
matics (in this section referred to as ‘‘STEM’’) 
fields; 
(2) encouraging the Nation’s education system 
to equip students with the skills, mentorships, train-
ing, and technical expertise necessary to fill the em-
ployment opportunities vital to managing and oper-
ating the Nation’s energy and manufacturing indus-
tries; 
(3) providing students and other candidates for 
employment with the necessary skills and certifi-
cations for skilled, semiskilled, and highly skilled en-
ergy and manufacturing-related jobs; and 
(4) strengthening and more fully engaging De-
partment of Energy programs and labs in carrying 
out the Department’s Minorities in Energy Initia-
tive. 
(b) PRIORITY.—The Secretary shall make educating 
and training underrepresented groups for energy and 
manufacturing-related jobs a national priority under the 
program established under subsection (a). 
(c) DIRECT ASSISTANCE.—In carrying out the pro-
gram established under subsection (a), the Secretary shall 
provide direct assistance (including financial assistance 
awards, technical expertise, wraparound services, career 
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coaching, mentorships, internships, and partnerships) to 
schools, community colleges, workforce development orga-
nizations, nonprofit organizations, labor organizations, ap-
prenticeship programs, and minority serving institutions. 
The Secretary shall distribute direct assistance in a man-
ner proportional to energy and manufacturing industry 
needs and demand for jobs, consistent with information 
obtained under subsections (e)(3) and (i). 
(d) CLEARINGHOUSE.—In carrying out the program 
established under subsection (a), the Secretary shall estab-
lish a clearinghouse to— 
(1) maintain and update information and re-
sources on training and workforce development pro-
grams for energy and manufacturing-related jobs; 
and 
(2) act as a resource, and provide guidance, for 
schools, community colleges, universities (including 
minority serving institutions), workforce develop-
ment programs, labor management organizations, 
and industry organizations that would like to de-
velop and implement energy and manufacturing-re-
lated training programs. 
(e) COLLABORATION.—In carrying out the program 
established under subsection (a), the Secretary— 
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(1) shall collaborate with schools, community 
colleges, universities (including minority serving in-
stitutions), workforce training organizations, na-
tional laboratories, unions, State energy offices, 
workforce investment boards, and the energy and 
manufacturing industries; 
(2) shall encourage and foster collaboration, 
mentorships, and partnerships among organizations 
(including unions, industry, schools, community col-
leges, workforce development organizations, and col-
leges and universities) that currently provide effec-
tive job training programs in the energy and manu-
facturing fields and institutions (including schools, 
community colleges, workforce development pro-
grams, and colleges and universities) that seek to es-
tablish these types of programs in order to share 
best practices and approaches that best suit local, 
State, and national needs; and 
(3) shall collaborate with the Bureau of Labor 
Statistics, the Department of Commerce, the Bureau 
of the Census, and the energy and manufacturing 
industries to develop a comprehensive and detailed 
understanding of the energy and manufacturing 
workforce needs and opportunities by State and by 
region, and publish an annual report on energy and 
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manufacturing job creation by the sectors enumer-
ated in subsection (i). 
(f) 
GUIDELINES
FOR
EDUCATIONAL
INSTITU-
TIONS.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Secretary, in 
collaboration with the Secretary of Education, the 
Secretary of Commerce, the Secretary of Labor, the 
National Science Foundation, and industry shall de-
velop voluntary guidelines and best practices for 
educational institutions of all levels, including for el-
ementary and secondary schools and community col-
leges and for undergraduate, graduate, and post-
graduate university programs, to help provide grad-
uates with the skills necessary to work in energy and 
manufacturing-related jobs. 
(2) INPUT.—The Secretary shall solicit input 
from the oil, gas, coal, renewable, nuclear, utility, 
energy-intensive and advanced manufacturing, and 
pipeline industries in developing guidelines under 
paragraph (1). 
(3) ENERGY AND MANUFACTURING EFFICIENCY 
AND
CONSERVATION
INITIATIVES.—The guidelines 
developed under paragraph (1) shall include grade- 
specific guidelines for teaching energy and manufac-
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turing efficiency and conservation initiatives to edu-
cate students and families. 
(4) STEM EDUCATION.—The guidelines devel-
oped under paragraph (1) shall promote STEM edu-
cation as it relates to job opportunities in energy 
and manufacturing-related fields of study in schools, 
community colleges, and universities nationally. 
(g) OUTREACH
TO MINORITY SERVING INSTITU-
TIONS.—In carrying out the program established under 
subsection (a), the Secretary shall— 
(1) give special consideration to increasing out-
reach to minority serving institutions (including his-
torically black colleges and universities, predomi-
nantly black institutions, Hispanic serving institu-
tions, and tribal institutions); 
(2) make resources available to minority serving 
institutions with the objective of increasing the num-
ber of skilled minorities and women trained to go 
into the energy and manufacturing sectors; 
(3) encourage industry to improve the opportu-
nities for students of minority serving institutions to 
participate in industry internships and cooperative 
work/study programs; and 
(4) partner with the Department of Energy lab-
oratories to increase underrepresented groups’ par-
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ticipation in internships, fellowships, traineeships, 
and employment at all Department of Energy lab-
oratories. 
(h) OUTREACH TO DISPLACED AND UNEMPLOYED 
ENERGY AND MANUFACTURING WORKERS.—In carrying 
out the program established under subsection (a), the Sec-
retary shall— 
(1) give special consideration to increasing out-
reach to employers and job trainers preparing dis-
placed and unemployed energy and manufacturing 
workers for emerging energy and manufacturing 
jobs; 
(2) make resources available to institutions 
serving displaced and unemployed energy and manu-
facturing workers with the objective of training indi-
viduals to re-enter the energy and manufacturing 
workforce; and 
(3) encourage the energy and manufacturing in-
dustries to improve opportunities for displaced and 
unemployed energy and manufacturing workers to 
participate in internships and cooperative work/study 
programs. 
(i) GUIDELINES TO DEVELOP SKILLS FOR AN EN-
ERGY AND MANUFACTURING INDUSTRY WORKFORCE.—In 
carrying out the program established under subsection (a), 
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the Secretary shall collaborate with representatives from 
the energy and manufacturing industries (including the 
oil, gas, coal, nuclear, utility, pipeline, renewable, petro-
chemical, manufacturing, and electrical construction sec-
tors) to identify the areas of highest need in each sector 
and to develop guidelines for the skills necessary to de-
velop a workforce trained to go into the following sectors 
of the energy and manufacturing sectors: 
(1) Energy efficiency industry, including work 
in energy efficiency, conservation, weatherization, or 
retrofitting, or as inspectors or auditors. 
(2) Pipeline industry, including work in pipeline 
construction and maintenance or work as engineers 
or technical advisors. 
(3) Utility industry, including work in the gen-
eration, transmission, and distribution of electricity 
and natural gas, such as utility technicians, opera-
tors, lineworkers, engineers, scientists, and informa-
tion technology specialists. 
(4) Alternative fuels, including work in biofuel 
development and production. 
(5) Nuclear industry, including work as sci-
entists, engineers, technicians, mathematicians, or 
security personnel. 
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(6) Oil and gas industry, including work as sci-
entists, engineers, technicians, mathematicians, pe-
trochemical engineers, or geologists. 
(7) Renewable industry, including work in the 
development, manufacturing, and production of re-
newable energy sources (such as solar, hydropower, 
wind, or geothermal energy). 
(8) Coal industry, including work as coal min-
ers, engineers, developers and manufacturers of 
state-of-the-art coal facilities, technology vendors, 
coal transportation workers and operators, or mining 
equipment vendors. 
(9) Manufacturing industry, including work as 
operations technicians, operations and design in ad-
ditive manufacturing, 3–D printing, advanced com-
posites, and advanced aluminum and other metal al-
loys, industrial energy efficiency management sys-
tems, including power electronics, and other innova-
tive technologies. 
(10) Chemical manufacturing industry, includ-
ing work in construction (such as welders, pipe-
fitters, and tool and die makers) or as instrument 
and electrical technicians, machinists, chemical proc-
ess operators, chemical engineers, quality and safety 
professionals, and reliability engineers. 
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(j) ENROLLMENT IN TRAINING AND APPRENTICE-
SHIP PROGRAMS.—In carrying out the program estab-
lished under subsection (a), the Secretary shall work with 
industry, organized labor, and community-based workforce 
organizations to help identify students and other can-
didates, including from underrepresented communities 
such as minorities, women, and veterans, to enroll into 
training and apprenticeship programs for energy and 
manufacturing-related jobs. 
TITLE III—ENERGY SECURITY 
AND DIPLOMACY 
SEC. 3101. SENSE OF CONGRESS. 
Congress finds the following: 
(1) North America’s energy revolution has 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. 
(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. 
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(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. 3102. ENERGY SECURITY VALUATION. 
(a) ESTABLISHMENT OF ENERGY SECURITY VALU-
ATION METHODS.—Not later than one 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 and the Committee on 
Foreign Affairs of the House of Representatives and the 
Committee on Energy and Natural Resources and the 
Committee on Foreign Relations of the Senate a report 
that develops recommended United States energy security 
valuation methods. In developing the report, the Secre-
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taries may consider the recommendations of the Adminis-
tration’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, or use of energy are evaluated with re-
spect 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 
(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 
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(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. 3103. NORTH AMERICAN ENERGY SECURITY PLAN. 
(a) REQUIREMENT.—Not later than one year after 
the date of enactment of this Act, the Secretary of Energy, 
in collaboration with the Secretary of State, shall develop 
and transmit to the Committee on Energy and Commerce 
and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Energy and 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— 
(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-
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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— 
(A) more open, transparent, and competi-
tive energy markets; 
(B) regulatory capacity building; 
(C) improvements to energy transmission 
and storage; and 
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(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. 3104. COLLECTIVE ENERGY SECURITY. 
(a) IN GENERAL.—The Secretary of Energy and the 
Secretary of State shall collaborate to strengthen domestic 
energy security and the energy security of the allies and 
trading partners of the United States, including through 
actions that support or facilitate— 
(1) energy diplomacy; 
(2) the delivery of United States assistance, 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; 
(4) open, transparent, and competitive energy 
markets; and 
(5) regulatory capacity building. 
(b) ENERGY SECURITY FORUMS.—Not later than one 
year after the date of enactment of this Act, the Secretary 
of Energy, in collaboration with the Secretary of State, 
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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 one Trans-Atlantic and 
one 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; 
(B) trade and investment issues relevant to 
energy; and 
(C) barriers to more open, competitive, and 
transparent energy markets; and 
(3) be recorded and made publically available 
on the Department of Energy’s website, including, 
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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. 3105. STRATEGIC PETROLEUM RESERVE MISSION 
READINESS PLAN. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall conduct a long- 
range strategic review of the Strategic Petroleum Reserve 
and develop and transmit to Congress a plan that includes 
an analysis and implementation schedule that— 
(1) specifies near-term and long-term roles of 
the Strategic Petroleum Reserve relative to United 
States energy security and economic goals and objec-
tives; 
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(2) describes existing legal authorities gov-
erning the policies, configuration, and capabilities of 
the Strategic Petroleum Reserve; 
(3) identifies Strategic Petroleum Reserve con-
figuration and performance capabilities and rec-
ommends an action plan to achieve the optimal— 
(A) capacity, location, and composition of 
petroleum products in the Reserve; and 
(B) storage and distributional capabilities; 
and 
(4) estimates the resources required to attain 
and maintain the Strategic Petroleum Reserve’s 
long-term sustainability and operational effective-
ness. 
TITLE IV—ENERGY EFFICIENCY 
AND ACCOUNTABILITY 
Subtitle A—Energy Efficiency 
CHAPTER 1—FEDERAL AGENCY ENERGY 
EFFICIENCY 
SEC. 4111. 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: 
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‘‘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 
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; 
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‘‘(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 
‘‘(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-
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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-
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. 4112. ENERGY EFFICIENT DATA CENTERS. 
Section 453 of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17112) is amended— 
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(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 information technology industry and 
other key stakeholders, with the goal of producing results 
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; 
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‘‘(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 
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-
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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; 
‘‘(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. 
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‘‘(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 
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.’’. 
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SEC. 4113. 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 
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. 4114. FEDERAL PURCHASE REQUIREMENT. 
Section 203(b) of the Energy Policy Act of 2005 (42 
U.S.C. 15852(b)) is amended by striking paragraph (2) 
and inserting the following: 
‘‘(2) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means electric energy, or thermal en-
ergy if resulting from a thermal energy project 
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placed in service after December 31, 2014, gen-
erated from, or avoided by, solar, wind, biomass, 
landfill gas, ocean (including tidal, wave, current, 
and thermal), geothermal, municipal solid waste 
(other than commonly recycled paper that is seg-
regated from solid waste), qualified waste heat re-
source, 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.’’. 
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CHAPTER 2—ENERGY EFFICIENT 
TECHNOLOGY AND MANUFACTURING 
SEC. 4121. 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)(i) Not later than 1 year after the date 
of enactment of this subparagraph, the Com-
mission shall initiate a rulemaking to consider 
making a special note in a prominent manner 
on any Energy Guide label for any product that 
includes Smart Grid capability that— 
‘‘(I) Smart Grid capability is a fea-
ture of that product; 
‘‘(II) the use and value of that feature 
depend on the Smart Grid capability of the 
utility system in which the product is in-
stalled and the active utilization of that 
feature by the customer; and 
‘‘(III) on a utility system with Smart 
Grid capability, the use of the product’s 
Smart Grid capability could reduce the 
customer’s cost of the product’s annual op-
eration as a result of the incremental en-
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ergy and electricity cost savings that would 
result from the customer taking full advan-
tage of such Smart Grid capability. 
‘‘(ii) Not later than 3 years after the date 
of enactment of this subparagraph, the Com-
mission shall complete the rulemaking initiated 
under clause (i).’’. 
SEC. 4122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR 
CONDITIONING, 
FURNACE, 
BOILER, 
HEAT 
PUMP, AND WATER HEATER PRODUCTS. 
Section 326(b) of the Energy Policy and 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 PROGRAMS.— 
For the purpose of verifying compliance with energy 
conservation standards and Energy Star specifica-
tions established under sections 324A, 325, and 342 
for covered products described in paragraphs (3), 
(4), (5), (9), and (11) of section 322(a) and covered 
equipment described in subparagraphs (B), (C), (D), 
(F), (I), (J), and (K) of section 340(1), the Sec-
retary and the Administrator of the Environmental 
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Protection Agency shall rely on testing conducted by 
recognized voluntary verification programs that are 
recognized by the Secretary in accordance with sub-
paragraph (B). 
‘‘(B) 
RECOGNITION
OF
VOLUNTARY 
VERIFICATION PROGRAMS.— 
‘‘(i) IN
GENERAL.—Not later than 180 
days after the date of enactment of this para-
graph, 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 Rule-
making Act of 1990’), to develop criteria that 
have consensus support for achieving recogni-
tion by the Secretary as an approved voluntary 
verification program. Any subsequent amend-
ment to such criteria may be made only pursu-
ant to a subsequent negotiated rulemaking in 
accordance with subchapter III of chapter 5 of 
title 5, United States Code. 
‘‘(ii) MINIMUM REQUIREMENTS.—The cri-
teria developed under clause (i) shall, at a min-
imum, ensure that a voluntary verification pro-
gram— 
‘‘(I) is nationally recognized; 
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‘‘(II) is operated by a third party and 
not directly operated by a program partici-
pant; 
‘‘(III) satisfies any applicable ele-
ments of— 
‘‘(aa) International Organization 
for Standardization standard num-
bered 17025; and 
‘‘(bb) any other relevant Inter-
national Organization for Standard-
ization 
standards 
identified 
and 
agreed to through the negotiated rule-
making under clause (i); 
‘‘(IV) at least annually tests inde-
pendently obtained products following the 
test procedures established under this title 
to verify the certified rating of a represent-
ative sample of products and equipment 
within the scope of the program; 
‘‘(V) maintains a publicly available 
list of all ratings of products subject to 
verification; 
‘‘(VI) requires the changing of the 
performance rating or removal of the prod-
uct or equipment from the program if test-
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ing determines that the performance rating 
does not meet the levels the manufacturer 
has certified to the Secretary; 
‘‘(VII) requires new program partici-
pants to substantiate ratings through test 
data generated in accordance with Depart-
ment of Energy regulations; 
‘‘(VIII) allows for challenge testing of 
products and equipment within the scope 
of the program; 
‘‘(IX) requires program participants 
to disclose the performance rating of all 
covered products and equipment within the 
scope of the program for the covered prod-
uct or equipment; 
‘‘(X) provides to the Secretary— 
‘‘(aa) an annual report of all test 
results, the contents of which shall be 
determined through the negotiated 
rulemaking process under clause (i); 
and 
‘‘(bb) test reports, on the request 
of the Secretary or the Administrator 
of 
the 
Environmental 
Protection 
Agency, that note any instructions 
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specified by the manufacturer or the 
representative of the manufacturer for 
the 
purpose 
of 
conducting 
the 
verification testing, to be exempted 
from 
disclosure 
under 
section 
552(b)(4) of title 5, United States 
Code; and 
‘‘(XI) satisfies any additional require-
ments or standards that the Secretary and 
Administrator of the Environmental Pro-
tection Agency shall establish consistent 
with this subparagraph. 
‘‘(iii) CESSATION OF RECOGNITION.—The 
Secretary may only cease recognition of a vol-
untary verification program as an approved pro-
gram described in subparagraph (A) upon a 
finding that the program is not meeting its obli-
gations for compliance through program review 
criteria developed during the negotiated rule-
making conducted under subparagraph (B). 
‘‘(C) ADMINISTRATION.— 
‘‘(i) IN GENERAL.—The Secretary and the 
Administrator of the Environmental Protection 
Agency shall not require— 
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‘‘(I) manufacturers to participate in a 
recognized voluntary verification program 
described in subparagraph (A); or 
‘‘(II) participating manufacturers to 
provide information that has already been 
provided to the Secretary or the Adminis-
trator. 
‘‘(ii) LIST OF COVERED PRODUCTS.—The 
Secretary or the Administrator of the Environ-
mental Protection Agency may maintain a pub-
licly available list of covered products and 
equipment that distinguishes between products 
that are and are not covered products and 
equipment verified through a recognized vol-
untary verification program described in sub-
paragraph (A). 
‘‘(iii) PERIODIC VERIFICATION TESTING.— 
The Secretary— 
‘‘(I) shall not subject products or 
equipment that have been verification test-
ed 
under 
a 
recognized 
voluntary 
verification program described in subpara-
graph (A) to periodic verification testing to 
verify the accuracy of the certified per-
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formance rating of the products or equip-
ment; but 
‘‘(II) may require testing of products 
or equipment described in subclause (I)— 
‘‘(aa) if the testing is nec-
essary— 
‘‘(AA) to assess the overall 
performance 
of 
a 
voluntary 
verification program; 
‘‘(BB) to address specific 
performance issues; 
‘‘(CC) for use in updating 
test procedures and standards; or 
‘‘(DD) for other purposes 
consistent with this title; or 
‘‘(bb) if such testing is agreed to 
during the negotiated rulemaking con-
ducted under subparagraph (B). 
‘‘(D) EFFECT ON OTHER AUTHORITY.—Noth-
ing in this paragraph limits the authority of the Sec-
retary or the Administrator of the Environmental 
Protection Agency to enforce compliance with any 
law.’’. 
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SEC. 4123. 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 
non-weatherized gas furnaces and mobile home 
gas furnaces; 
(B) numerous stakeholders, representing 
manufacturers, distributors, and installers of 
residential non-weatherized gas furnaces and 
mobile home furnaces, natural gas utilities, 
home builders, multifamily property owners, 
and energy efficiency, environmental, and con-
sumer advocates have begun negotiations in an 
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 
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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: 
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 non-weatherized natural gas 
furnaces into two or more product classes with 
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separate energy conservation standards based 
on capacity; and 
‘‘(II) any other matters the Secretary de-
termines appropriate. 
‘‘(ii) On receipt of a statement that is submitted on 
or before January 1, 2016, jointly by interested persons 
that are fairly representative of relevant points of view, 
that contains recommended standards for non-weatherized 
natural gas furnaces and mobile home gas furnaces that 
are consistent with the requirements of this part (except 
that the date on which such standards will apply may be 
earlier or later than the date required under this part), 
the Secretary shall evaluate the standards proposed in the 
joint statement for consistency with the requirements of 
subsection (o), and shall publish notice of the potential 
adoption of the standards proposed in the joint statement, 
modified as necessary to ensure consistency with sub-
section (o). The Secretary shall solicit public comment for 
a period of at least 30 days with respect to such notice. 
‘‘(iii) Not later than July 31, 2016, but not before 
July 1, 2016, the Secretary shall publish a final rule con-
taining a determination of whether the standards for non- 
weatherized natural gas furnaces and mobile home gas 
furnaces should be amended. Such rule shall contain any 
such amendments to the standards.’’. 
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SEC. 4124. FUTURE OF INDUSTRY PROGRAM. 
(a) IN GENERAL.—Section 452 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 17111) is 
amended by striking the section heading and inserting the 
following: ‘‘FUTURE OF INDUSTRY PROGRAM’’. 
(b) DEFINITION OF ENERGY SERVICE PROVIDER.— 
Section 452(a) of the Energy Independence and Security 
Act of 2007 (42 U.S.C. 17111(a)) is amended— 
(1) by redesignating paragraphs (3) through 
(5) as paragraphs (4) through (6), respectively; and 
(2) by inserting after paragraph (2): 
‘‘(3) ENERGY SERVICE PROVIDER.—The term 
‘energy service provider’ means any business pro-
viding technology or services to improve the energy 
efficiency, water efficiency, power factor, or load 
management of a manufacturing site or other indus-
trial process in an energy-intensive industry, or any 
utility operating under a utility energy service 
project.’’. 
(c) INDUSTRIAL RESEARCH AND ASSESSMENT CEN-
TERS.—Section 452(e) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17111(e)) is amended— 
(1) by redesignating paragraphs (1) through 
(5) as subparagraphs (A) through (E), respectively, 
and indenting appropriately; 
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(2) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary’’; 
(3) in subparagraph (A) (as redesignated by 
paragraph (1)), by inserting before the semicolon at 
the end the following: ‘‘, including assessments of 
sustainable manufacturing goals and the implemen-
tation of information technology advancements for 
supply chain analysis, logistics, system monitoring, 
industrial and manufacturing processes, and other 
purposes’’; and 
(4) by adding at the end the following: 
‘‘(2) COORDINATION.—To increase the value 
and capabilities of the industrial research and as-
sessment centers, the centers shall— 
‘‘(A) coordinate with Manufacturing Ex-
tension Partnership Centers of the National In-
stitute of Standards and Technology; 
‘‘(B) coordinate with the Building Tech-
nologies Office of the Department of Energy to 
provide building assessment services to manu-
facturers; 
‘‘(C) increase partnerships with the Na-
tional Laboratories of the Department of En-
ergy to leverage the expertise and technologies 
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of the National Laboratories for national indus-
trial and manufacturing needs; and 
‘‘(D) increase partnerships with energy 
service providers and technology providers to le-
verage private sector expertise and accelerate 
deployment of new and existing technologies 
and processes for energy efficiency, power fac-
tor, and load management. 
‘‘(3) OUTREACH.—The Secretary shall provide 
funding for— 
‘‘(A) outreach activities by the industrial 
research and assessment centers to inform 
small- and medium-sized manufacturers of the 
information, technologies, and services avail-
able; and 
‘‘(B) coordination activities by each indus-
trial research and assessment center to leverage 
efforts with— 
‘‘(i) Federal and State efforts; 
‘‘(ii) the efforts of utilities and energy 
service providers; 
‘‘(iii) the efforts of regional energy ef-
ficiency organizations; and 
‘‘(iv) the efforts of other industrial re-
search and assessment centers. 
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‘‘(4) SMALL BUSINESS LOANS.—The Adminis-
trator of the Small Business Administration shall, to 
the maximum extent practicable, expedite consider-
ation of applications from eligible small business 
concerns for loans under the Small Business Act (15 
U.S.C. 631 et seq.) to implement recommendations 
of industrial research and assessment centers estab-
lished under paragraph (1).’’. 
(d) CONFORMING AMENDMENT.—The item relating 
to section 452 in the table of contents for the Energy 
Independence and Security Act of 2007 is amended to 
read as follows: 
‘‘Sec. 452. Future of Industry program.’’. 
CHAPTER 3—ENERGY PERFORMANCE 
CONTRACTING 
SEC. 4131. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
(a) ENERGY MANAGEMENT REQUIREMENTS.—Sec-
tion 543(f)(4) of the National Energy Conservation Policy 
Act (42 U.S.C. 8253(f)(4)) is amended— 
(1) by moving the margins of subparagraphs 
(A) and (B) 2 ems to the right and redesignating 
such subparagraphs as clauses (i) and (ii), respec-
tively; 
(2) by striking ‘‘Not later than’’ and inserting 
the following: 
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‘‘(A) IN GENERAL.—Not later than’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(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.’’. 
(b) REPORTS.—Section 548(b) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) the status of each agency’s energy savings 
performance contracts and utility energy service con-
tracts, the investment value of such contracts, the 
guaranteed energy savings for the previous year as 
compared to the actual energy savings for the pre-
vious year, the plan for entering into such contracts 
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in the coming year, and information explaining why 
any previously submitted plans for such contracts 
were not implemented.’’. 
(c) FEDERAL
ENERGY
MANAGEMENT
DEFINI-
TIONS.—Section 551(4) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8259(4)) is amended by strik-
ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi-
ties, or energy consuming devices and required support 
structures’’. 
(d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec-
tion 801(a)(2)(F) of the National Energy Conservation 
Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended— 
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) limit the recognition of oper-
ation and maintenance savings associated 
with systems modernized or replaced with 
the implementation of energy conservation 
measures, water conservation measures, or 
any series of energy conservation measures 
and water conservation measures.’’. 
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(e) 
MISCELLANEOUS
AUTHORITY.—Section 
801(a)(2) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287(a)) is amended by adding at the end the 
following: 
‘‘(H) MISCELLANEOUS AUTHORITY.—Not-
withstanding any other provision of law, a Fed-
eral agency may sell or transfer energy savings 
and apply the proceeds of such sale or transfer 
to fund a contract under this title.’’. 
(f) PAYMENT OF COSTS.—Section 802 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8287a) 
is amended by striking ‘‘(and related operation and main-
tenance expenses)’’ and inserting ‘‘, including related op-
erations and maintenance expenses’’. 
(g) ENERGY SAVINGS PERFORMANCE CONTRACTS 
DEFINITIONS.—Section 804(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(2)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘federally 
owned building or buildings or other federally owned 
facilities’’ and inserting ‘‘Federal building (as de-
fined in section 551 (42 U.S.C. 8259))’’ each place 
it appears; 
(2) in subparagraph (C), by striking ‘‘; and’’ 
and inserting a semicolon; 
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(3) in subparagraph (D), by striking the period 
at the end and inserting a semicolon; and 
(4) by adding at the end the following new sub-
paragraphs: 
‘‘(E) the use, sale, or transfer of energy in-
centives, rebates, or credits (including renew-
able energy credits) from Federal, State, or 
local governments or utilities; and 
‘‘(F) any revenue generated from a reduc-
tion in energy or water use, more efficient 
waste recycling, or additional energy generated 
from more efficient equipment.’’. 
CHAPTER 4—SCHOOL BUILDINGS 
SEC. 4141. COORDINATION OF ENERGY RETROFITTING 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-
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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-
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 
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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, 
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.’’. 
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Subtitle B—Accountability 
CHAPTER 1—MARKET MANIPULATION, 
ENFORCEMENT, AND COMPLIANCE 
SEC. 4211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND 
PUBLIC PARTICIPATION. 
Section 319 of the Federal Power Act (16 U.S.C. 
825q–1) is amended to read as follows: 
‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND 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; 
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‘‘(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 
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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. 4221. 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 
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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 
non-voting stakeholder representatives; 
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(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). 
Æ 
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