critical electric infrastructure or serve de-
fense and military installations, so as to en-
able efficient delivery of equipment to such 
sites; 
(E) the necessary degree of flexibility of 
spare large power transformers to be included in 
the Strategic Transformer Reserve to conform to 
different substation configurations, including 
consideration of transformer— 
(i) power and voltage rating for each 
winding; 
(ii) overload requirements; 
(iii) impedance between windings; 
(iv) configuration of windings; and 
(v) tap requirements; 
(F) an estimate of the direct cost of the 
Strategic Transformer Reserve, as proposed, in-
cluding— 
(i) the cost of storage facilities; 
(ii) the cost of the equipment; and 
(iii) management, maintenance, and 
operation costs; 
(G) the funding options available to estab-
lish, stock, manage, and maintain the Strategic 
Transformer Reserve, including consideration of 
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fees on owners and operators of bulk-power sys-
tem facilities, critical electric infrastructure, and 
defense and military installations relying on the 
Strategic Transformer Reserve, use of Federal 
appropriations, and public-private cost-sharing 
options; 
(H) the ease and speed of transportation, 
installation, and energization of spare large 
power transformers to be included in the 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 storage 
to energization; 
(I) eligibility criteria for withdrawal of 
equipment from the Strategic Transformer Re-
serve; 
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(J) the process by which owners or opera-
tors of critically damaged large power trans-
formers or substations that are critical electric 
infrastructure or serve defense and military in-
stallations may apply for a withdrawal from the 
Strategic Transformer Reserve; 
(K) the process by which equipment with-
drawn from the Strategic Transformer Reserve is 
returned to the Strategic Transformer Reserve or 
is replaced; 
(L) possible fees to be paid by users of 
equipment withdrawn from the Strategic Trans-
former Reserve; 
(M) possible fees to be paid by owners and 
operators of large power transformers and sub-
stations that are critical electric infrastructure 
or serve defense and military installations to 
cover operating costs of the Strategic Trans-
former Reserve; 
(N) the domestic and international large 
power transformer supply chain; 
(O) the potential reliability, cost, and oper-
ational benefits of including emergency mobile 
substations in any Strategic Transformer Re-
serve established under this section; and 
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(P) other considerations for designing, con-
structing, stocking, funding, and managing the 
Strategic Transformer Reserve. 
(d) ESTABLISHMENT.—The Secretary may establish a 
Strategic Transformer Reserve in accordance with the plan 
prepared pursuant to subsection (c) after the date that is 
6 months after the date on which such plan is submitted 
to Congress. 
(e) DISCLOSURE OF INFORMATION.—Any information 
included in the Strategic Transformer Reserve plan, or 
shared in the preparation and development of such plan, 
the disclosure of which could cause harm to critical electric 
infrastructure, shall be exempt from disclosure under sec-
tion 552(b)(3) of title 5, United States Code, and any State, 
tribal, or local law requiring disclosure of information or 
records. 
SEC. 1106. CYBER SENSE. 
(a) IN GENERAL.—The Secretary of Energy shall 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— 
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(1) establish a Cyber Sense testing process to 
identify products and technologies intended for use in 
the bulk-power system, including products relating to 
industrial control systems, such as supervisory control 
and data acquisition systems; 
(2) for products tested and identified under the 
Cyber Sense program, establish and maintain 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, prod-
uct manufacturers, and other electric sector stake-
holders to develop solutions to mitigate identified 
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; 
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(7) provide reasonable notice to the public, and 
solicit comments from the public, prior to establishing 
or revising the Cyber Sense testing process; 
(8) oversee Cyber Sense testing carried out by 
third parties; and 
(9) consider incentives to encourage the use in 
the bulk-power system of products tested and 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 exempt from disclosure 
under section 552(b)(3) of title 5, United States Code, and 
any State, tribal, or local law requiring disclosure of infor-
mation or records. 
(d) FEDERAL GOVERNMENT LIABILITY.—Consistent 
with other voluntary Federal Government certification pro-
grams, nothing in this section shall be construed to author-
ize 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. 
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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.— 
(1) CONSIDERATION.—Section 111(d) of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 U.S.C. 
2621(d)) is amended by adding the following at the 
end: 
‘‘(20) IMPROVING THE RESILIENCE OF ELECTRIC 
INFRASTRUCTURE.— 
‘‘(A) IN
GENERAL.—Each electric utility 
shall develop a plan to use resiliency-related 
technologies, upgrades, measures, and other ap-
proaches 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 prac-
ticable using the most current data, metrics, and 
frameworks related to current and future threats, 
including physical and cyber attacks, electro-
magnetic pulse attacks, geomagnetic disturb-
ances, seismic events, and severe weather and 
other environmental stressors. 
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‘‘(B) 
RESILIENCY-RELATED
TECH-
NOLOGIES.—For purposes of this paragraph, ex-
amples of resiliency-related technologies, up-
grades, measures, and other approaches in-
clude— 
‘‘(i) hardening, or other enhanced pro-
tection, of utility poles, wiring, cabling, and 
other distribution components, facilities, or 
structures; 
‘‘(ii) advanced grid technologies capa-
ble of isolating or repairing problems re-
motely, such as advanced metering infra-
structure, high-tech sensors, grid monitoring 
and control systems, and remote reconfig-
uration and redundancy systems; 
‘‘(iii) cybersecurity products and com-
ponents; 
‘‘(iv) distributed generation, including 
back-up generation to power critical facili-
ties and essential services, and related inte-
gration components, such as advanced in-
verter technology; 
‘‘(v) microgrid systems, including hy-
brid microgrid systems for isolated commu-
nities; 
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‘‘(vi) combined heat and power; 
‘‘(vii) waste heat resources; 
‘‘(viii) non-grid-scale energy storage 
technologies; 
‘‘(ix) wiring, cabling, and other dis-
tribution components, including submersible 
distribution components, and enclosures; 
‘‘(x) electronically controlled reclosers 
and similar technologies for power restora-
tion, including emergency mobile sub-
stations, as defined in section 1105 of the 
North American Energy Security and In-
frastructure Act of 2015; 
‘‘(xi) advanced energy analytics tech-
nology, such as Internet-based and cloud- 
based computing solutions and subscription 
licensing models; 
‘‘(xii) measures that enhance resilience 
through planning, preparation, response, 
and recovery activities; 
‘‘(xiii) operational capabilities to en-
hance resilience through rapid response re-
covery; and 
‘‘(xiv) measures to ensure availability 
of key critical components through con-
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tracts, cooperative agreements, stockpiling 
and prepositioning, or other measures. 
‘‘(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 util-
ity to recover any capital, operating expenditure, 
or other costs of the electric utility related to the 
procurement, deployment, or use of resiliency-re-
lated technologies, including a reasonable rate of 
return on the capital expenditures of the electric 
utility for the procurement, deployment, or use of 
resiliency-related technologies. 
‘‘(21) PROMOTING
INVESTMENTS
IN
ADVANCED 
ENERGY ANALYTICS TECHNOLOGY.— 
‘‘(A) IN
GENERAL.—Each electric utility 
shall develop and implement a plan for 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 re-
lating to the procurement, deployment, or use of 
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advanced energy analytics technology, including 
a reasonable rate of return on all such costs in-
curred by the electric utility for the procurement, 
deployment, or use of advanced energy analytics 
technology, provided such technology is used by 
the electric utility for purposes of realizing oper-
ational efficiencies, cost savings, enhanced energy 
management and customer engagement, improve-
ments in system reliability, safety, and cyberse-
curity, or other benefits to ratepayers. 
‘‘(C) ADVANCED ENERGY ANALYTICS TECH-
NOLOGY.—For purposes of this paragraph, exam-
ples of advanced energy analytics technology in-
clude Internet-based and cloud-based computing 
solutions and subscription licensing models, in-
cluding software as a service that uses cyber- 
physical systems to allow the correlation of data 
aggregated from appropriate data sources and 
smart grid sensor networks, employs analytics 
and machine learning, or employs other ad-
vanced computing solutions and models. 
‘‘(22) ASSURING
ELECTRIC
RELIABILITY
WITH 
RELIABLE GENERATION.— 
‘‘(A) 
ASSURANCE
OF
ELECTRIC
RELI-
ABILITY.—Each electric utility shall adopt or 
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modify policies to ensure that such electric util-
ity incorporates reliable generation into its inte-
grated resource plan to assure the availability of 
electric energy over a 10-year planning period. 
‘‘(B) RELIABLE
GENERATION.—For pur-
poses of this paragraph, ‘reliable generation’ 
means electric generation facilities with reli-
ability attributes that include— 
‘‘(i)(I) possession of adequate fuel on- 
site to enable operation for an extended pe-
riod of time; 
‘‘(II) the operational ability to gen-
erate electric energy from more than one 
source; or 
‘‘(III) fuel certainty, through firm con-
tractual obligations, that ensures adequate 
fuel supply to enable operation, for an ex-
tended period of time, for the duration of an 
emergency or severe weather conditions; 
‘‘(ii) operational characteristics that 
enable the generation of electric energy for 
the duration of an emergency or severe 
weather conditions; and 
‘‘(iii) unless procured through other 
procurement mechanisms, essential reli-
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ability services, including frequency support 
and regulation services. 
‘‘(23) SUBSIDIZATION OF CUSTOMER-SIDE TECH-
NOLOGY.— 
‘‘(A) CONSIDERATION.—To the extent that a 
State regulatory authority may require or allow 
rates charged by any electric utility for which it 
has ratemaking authority to electric consumers 
that do not use a customer-side technology to in-
clude any cost, fee, or charge that directly or in-
directly cross-subsidizes the deployment, con-
struction, maintenance, or operation of that cus-
tomer-side technology, such authority shall evalu-
ate whether subsidizing the deployment, con-
struction, maintenance, or operation of a cus-
tomer-side technology would— 
‘‘(i) result in benefits predominately 
enjoyed by only the users of that customer- 
side technology; 
‘‘(ii) shift costs of a customer-side tech-
nology to electricity consumers that do not 
use that customer-side technology, particu-
larly where disparate economic or resource 
conditions exist among the electricity con-
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sumers cross-subsidizing the costumer-side 
technology; 
‘‘(iii) negatively affect resource utiliza-
tion, fuel diversity, or grid security; 
‘‘(iv) provide any unfair competitive 
advantage to market the customer-side tech-
nology; and 
‘‘(v) be necessary to fulfill an obliga-
tion to serve electric consumers. 
‘‘(B) PUBLIC
NOTICE.—Each State regu-
latory authority shall make available to the pub-
lic the evaluation completed under subparagraph 
(A) at least 90 days prior to any proceedings in 
which such authority considers the cross-sub-
sidization of a customer-side technology. 
‘‘(C) CUSTOMER-SIDE
TECHNOLOGY.—For 
purposes of this paragraph, the term ‘customer- 
side technology’ means a device connected to the 
electricity distribution system— 
‘‘(i) at, or on the customer side of, the 
meter; or 
‘‘(ii) that, if owned or operated by or 
on behalf of an electric utility, would other-
wise be at, or on the customer side of, the 
meter.’’. 
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(2) COMPLIANCE.— 
(A) TIME LIMITATIONS.—Section 112(b) of 
the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(b)) is amended by adding 
at the end the following: 
‘‘(7)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which it has ratemaking authority) and each non-
regulated electric utility, as applicable, shall com-
mence the consideration referred to in section 111, or 
set a hearing date for consideration, with respect to 
the standards established by paragraphs (20), (22), 
and (23) of section 111(d). 
‘‘(B) Not later than 2 years after the date of the 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which it has ratemaking authority) and each non-
regulated electric utility, as applicable, shall complete 
the consideration, and shall make the determination, 
referred to in section 111 with respect to each stand-
ard established by paragraphs (20), (22), and (23) of 
section 111(d). 
‘‘(8)(A) Not later than 6 months after the date 
of enactment of this paragraph, each State regulatory 
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authority (with respect to each electric utility for 
which it has ratemaking authority) and each non-
regulated electric utility shall commence the consider-
ation referred to in section 111, or set a hearing date 
for consideration, with respect to the standard estab-
lished 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 para-
graph (21) of section 111(d).’’. 
(B) FAILURE TO COMPLY.—Section 112(c) 
of the Public Utility Regulatory Policies Act of 
1978 (16 U.S.C. 2622(c)) is amended by adding 
the following at the end: ‘‘In the case of the 
standards 
established 
by 
paragraphs 
(20) 
through (23) of section 111(d), the reference con-
tained in this subsection to the date of enactment 
of this Act shall be deemed to be a reference to 
the date of enactment of such paragraphs.’’. 
(C) PRIOR STATE ACTIONS.—Section 112 of 
the Public Utility Regulatory Policies Act of 
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1978 (16 U.S.C. 2622) is amended by adding at 
the end the following new subsection: 
‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) and (c) 
of this section shall not apply to a standard established by 
paragraph (20), (21), (22), or (23) of section 111(d) in the 
case of any electric utility in a State if— 
‘‘(1) before the date of enactment of this 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 con-
ducted a proceeding to consider implementation of the 
standard concerned (or a comparable standard) for 
such utility during the 3-year period ending on the 
date of enactment of this subsection; or 
‘‘(3) the State legislature has voted on the imple-
mentation of the standard concerned (or a comparable 
standard) for such utility during the 3-year period 
ending on the date of enactment of this subsection.’’. 
(b) COVERAGE FOR COMPETITIVE MARKETS.—Section 
102 of the Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2612) is amended by adding at the end the fol-
lowing: 
‘‘(d) COVERAGE FOR COMPETITIVE MARKETS.—The 
requirements of this title do not apply to the operations of 
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an electric utility, or to proceedings respecting such oper-
ations, to the extent that such operations or proceedings, 
or any portion thereof, relate to the competitive sale of retail 
electric energy that is unbundled or separated from the reg-
ulated provision or sale of distribution service.’’. 
SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES 
THAT AFFECT ELECTRIC GENERATING FA-
CILITIES. 
(a) APPLICABILITY.—This section shall apply with re-
spect to any proposed or final covered rule issued by a Fed-
eral agency for which compliance with the rule may impact 
an electric utility generating unit or units, including by 
resulting in closure or interruption to operations of such 
a unit or units. 
(b) RELIABILITY ANALYSIS.— 
(1) ANALYSIS OF RULES.—The Federal Energy 
Regulatory Commission, in consultation with the 
Electric Reliability Organization, shall conduct an 
independent reliability analysis of a proposed or final 
covered rule under this section to evaluate the antici-
pated effects of implementation and enforcement of 
the rule on— 
(A) electric reliability and resource ade-
quacy; 
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(B) the electricity generation portfolio of the 
United States; 
(C) the operation of wholesale electricity 
markets; and 
(D) energy delivery and infrastructure, in-
cluding electric transmission facilities and nat-
ural gas pipelines. 
(2) RELEVANT INFORMATION.— 
(A) MATERIALS
FROM
FEDERAL
AGEN-
CIES.—A Federal agency shall provide to the 
Commission materials and information relevant 
to the analysis required under paragraph (1) for 
a rule, including relevant data, modeling, and 
resource adequacy and reliability assessments, 
prepared or relied upon by such agency in devel-
oping the rule. 
(B) ANALYSES
FROM
OTHER
ENTITIES.— 
The Electric Reliability Organization, regional 
entities, regional transmission organizations, 
independent system operators, and other reli-
ability coordinators and planning authorities 
shall timely conduct analyses and provide such 
information as may be reasonably requested by 
the Commission. 
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(3) NOTICE.—A Federal agency shall provide to 
the Commission notice of the issuance of any proposed 
or final covered rule not later than 15 days after the 
date of such issuance. 
(c) PROPOSED RULES.—Not later than 150 days after 
the date of publication in the Federal Register of a proposed 
rule described in subsection (a), the Federal Energy Regu-
latory Commission shall make available to the public an 
analysis of the proposed rule conducted in accordance with 
subsection (b), and any relevant special assessment or sea-
sonal or long-term reliability assessment completed by the 
Electric Reliability Organization. 
(d) FINAL RULES.— 
(1) INCLUSION.—A final rule described in sub-
section (a) shall include, if available at the time of 
issuance, a copy of the analysis conducted pursuant 
to subsection (c) of the rule as proposed. 
(2) ANALYSIS.—Not later than 120 days after 
the date of publication in the Federal Register of a 
final rule described in subsection (a), the Federal En-
ergy Regulatory Commission shall make available to 
the public an analysis of the final rule conducted in 
accordance with subsection (b), and any relevant spe-
cial assessment or seasonal or long-term reliability as-
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sessment completed by the Electric Reliability Orga-
nization. 
(e) DEFINITIONS.—In this section: 
(1) ELECTRIC RELIABILITY ORGANIZATION.—The 
term ‘‘Electric Reliability Organization’’ has the 
meaning given to such term in section 215(a) of the 
Federal Power Act (16 U.S.C. 824o(a)). 
(2) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means an agency, as that term is defined in sec-
tion 551 of title 5, United States Code. 
(3) COVERED RULE.—The term ‘‘covered rule’’ 
means a proposed or final rule that is estimated by 
the Federal agency issuing the rule, or the Director of 
the Office of Management and Budget, to result in an 
annual effect on the economy of $1,000,000,000 or 
more. 
SEC. 1109. CARBON CAPTURE, UTILIZATION, AND SEQUES-
TRATION TECHNOLOGIES. 
(a) AMENDMENTS TO THE ENERGY POLICY ACT OF 
2005.— 
(1) FOSSIL ENERGY.—Section 961(a) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16291(a)) is 
amended by adding at the end the following: 
‘‘(8) Improving the conversion, use, and storage 
of carbon dioxide produced from fossil fuels.’’. 
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(2) COAL
AND
RELATED
TECHNOLOGIES
PRO-
GRAM.—Section 962(b)(1) of the Energy Policy Act of 
2005 (42 U.S.C. 16292(b)(1)) is amended— 
(A) by striking ‘‘during each of calendar 
years 2008, 2010, 2012, and 2016, and during 
each fiscal year beginning after September 30, 
2021,’’ and inserting ‘‘during each fiscal year be-
ginning after September 30, 2016,’’; 
(B) by inserting ‘‘allow for large-scale dem-
onstration and’’ after ‘‘technologies that would’’; 
and 
(C) by inserting ‘‘commercial use,’’ after 
‘‘use of coal for’’. 
(b) INCREASED ACCOUNTABILITY WITH RESPECT TO 
CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION 
PROJECTS.— 
(1) DOE EVALUATION.— 
(A) IN GENERAL.—The Secretary of Energy 
(in this subsection referred to as the ‘‘Secretary’’) 
shall, in accordance with this subsection, annu-
ally conduct an evaluation, and make rec-
ommendations, with respect to each project con-
ducted by the Secretary for research, develop-
ment, demonstration, or deployment of carbon 
capture, utilization, and sequestration tech-
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nologies (also known as carbon capture and stor-
age and utilization technologies). 
(B) SCOPE.—For purposes of this sub-
section, a project includes any contract, lease, co-
operative agreement, or other similar transaction 
with a public agency or private organization or 
person, entered into or performed, or any pay-
ment made, by the Secretary for research, devel-
opment, demonstration, or deployment of carbon 
capture, utilization, and sequestration tech-
nologies. 
(2) REQUIREMENTS FOR EVALUATION.—In con-
ducting an evaluation of a project under this sub-
section, the Secretary shall— 
(A) examine if the project has made ad-
vancements toward achieving any specific goal of 
the project with respect to a carbon capture, uti-
lization, and sequestration technology; and 
(B) evaluate and determine if the project 
has made significant progress in advancing a 
carbon capture, utilization, and sequestration 
technology. 
(3) RECOMMENDATIONS.—For each evaluation of 
a project conducted under this subsection, if the Sec-
retary determines that— 
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(A) significant progress in advancing a car-
bon capture, utilization, and sequestration tech-
nology has been made, the Secretary shall assess 
the funding of the project and make a rec-
ommendation as to whether increased funding is 
necessary to advance the project; or 
(B) significant progress in advancing a car-
bon capture, utilization, and sequestration tech-
nology has not been made, the Secretary shall— 
(i) assess the funding of the project and 
make a recommendation as to whether in-
creased funding is necessary to advance the 
project; 
(ii) assess and determine if the project 
has reached its full potential; and 
(iii) make a recommendation as to 
whether the project should continue. 
(4) REPORTS.— 
(A) REPORT
ON
EVALUATIONS
AND
REC-
OMMENDATIONS.—Not later than 2 years after 
the date of enactment of this Act, and every 2 
years thereafter, the Secretary shall— 
(i) issue a report on the evaluations 
conducted and recommendations made dur-
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ing the previous year pursuant to this sub-
section; and 
(ii) make each such report available on 
the Internet website of the Department of 
Energy. 
(B) REPORT.—Not later than 2 years after 
the date of enactment of this Act, and every 3 
years thereafter, the Secretary shall submit to the 
Subcommittee on Energy and Power of the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Energy 
and Natural Resources of the Senate a report 
on— 
(i) the evaluations conducted and rec-
ommendations made during the previous 3 
years pursuant to this subsection; and 
(ii) the progress of the Department of 
Energy in advancing carbon capture, utili-
zation, and sequestration technologies, in-
cluding progress in achieving the Depart-
ment of Energy’s goal of having an array 
of advanced carbon capture and sequestra-
tion technologies ready by 2020 for large- 
scale demonstration. 
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SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN 
REGIONAL TRANSMISSION ORGANIZATIONS. 
Part II of the Federal Power Act (16 U.S.C. 824 et 
seq.), as amended by section 1104, is further amended by 
adding after section 215A the following new section: 
‘‘SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE 
IN 
REGIONAL 
TRANSMISSION 
ORGANIZA-
TIONS. 
‘‘(a) EXISTING CAPACITY MARKETS.— 
‘‘(1) ANALYSIS CONCERNING CAPACITY MARKET 
DESIGN.—Not later than 180 days after the date of 
enactment of this section, each Regional Transmission 
Organization, and each Independent System Oper-
ator, that operates a capacity market, or a com-
parable market intended to ensure the procurement 
and availability of sufficient future electric energy re-
sources, that is subject to the jurisdiction of the Com-
mission, shall provide to the Commission an analysis 
of how the structure of such market meets the fol-
lowing criteria: 
‘‘(A) The structure of such market utilizes 
competitive market forces to the extent prac-
ticable in procuring capacity resources. 
‘‘(B) Consistent with subparagraph (A), the 
structure of such market includes resource-neu-
tral performance criteria that ensure the pro-
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curement of sufficient capacity from physical 
generation facilities that have reliability at-
tributes that include— 
‘‘(i)(I) possession of adequate fuel on- 
site to enable operation for an extended pe-
riod of time; 
‘‘(II) the operational ability to gen-
erate electric energy from more than one 
fuel source; or 
‘‘(III) fuel certainty, through firm con-
tractual obligations, that ensures adequate 
fuel supply to enable operation, for an ex-
tended period of time, for the duration of an 
emergency or severe weather conditions; 
‘‘(ii) operational characteristics that 
enable the generation of electric energy for 
the duration of an emergency or severe 
weather conditions; and 
‘‘(iii) unless procured through other 
markets or procurement mechanisms, essen-
tial reliability services, including frequency 
support and regulation services. 
‘‘(2) COMMISSION EVALUATION AND REPORT.— 
Not later than 1 year after the date of enactment of 
this section, the Commission shall make publicly 
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available, and submit to the Committee on Energy 
and Commerce in the House of Representatives and 
the Committee on Energy and Natural Resources in 
the Senate, a report containing— 
‘‘(A) evaluation of whether the structure of 
each market addressed in an analysis submitted 
pursuant to paragraph (1) meets the criteria 
under such paragraph, based on the analysis; 
and 
‘‘(B) to the extent a market so addressed 
does not meet such criteria, any recommenda-
tions with respect to the procurement of suffi-
cient capacity, as described in paragraph (1)(B). 
‘‘(b) COMMISSION EVALUATION AND REPORT FOR NEW 
SCHEDULES.— 
‘‘(1) INCLUSION OF ANALYSIS IN FILING.—Except 
as provided in subsection (a)(2), whenever a Regional 
Transmission Organization or Independent System 
Operator files a new schedule under section 205 to es-
tablish a market described in subsection (a)(1), or 
that substantially modifies the capacity market de-
sign of a market described in subsection (a)(1), the 
Regional Transmission Organization or Independent 
System Operator shall include in any such filing the 
analysis required by subsection (a)(1). 
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‘‘(2) EVALUATION AND REPORT.—Not later than 
180 days of receiving an analysis under paragraph 
(1), the Commission shall make publicly available, 
and submit to the Committee on Energy and Com-
merce in the House of Representatives and the Com-
mittee on Energy and Natural Resources in the Sen-
ate, a report containing— 
‘‘(A) an evaluation of whether the structure 
of the market addressed in the analysis meets the 
criteria under subsection (a)(1), based on the 
analysis; and 
‘‘(B) to the extent the market does not meet 
such criteria, any recommendations with respect 
to the procurement of sufficient capacity, as de-
scribed in subsection (a)(1)(B). 
‘‘(c) EFFECT ON EXISTING APPROVALS.—Nothing in 
this section shall be considered to— 
‘‘(1) require a modification of the Commission’s 
approval of the capacity market design approved pur-
suant to docket numbers ER15–623–000, EL15–29– 
000, EL14–52–000, and ER14–2419–000; or 
‘‘(2) provide grounds for the Commission to 
grant rehearing or otherwise modify orders issued in 
those dockets.’’. 
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Subtitle B—Energy Security and 
Infrastructure Modernization 
SEC. 1201. ENERGY SECURITY AND INFRASTRUCTURE MOD-
ERNIZATION FUND. 
(a) ESTABLISHMENT.—There is hereby established in 
the Treasury of the United States a fund to be known as 
the Energy Security and Infrastructure Modernization 
Fund (referred to in this section as the ‘‘Fund’’), consisting 
of— 
(1) collections deposited in the Fund under sub-
section (c); and 
(2) amounts otherwise appropriated to the Fund. 
(b) PURPOSE.—The purpose of the Fund is— 
(1) to provide for the construction, maintenance, 
repair, and replacement of Strategic Petroleum Re-
serve facilities; and 
(2) for carrying out non-Strategic Petroleum Re-
serve projects needed to enhance the energy security of 
the United States by increasing the resilience, reli-
ability, safety, and security of energy supply, trans-
mission, storage, or distribution infrastructure. 
(c) COLLECTION AND DEPOSIT OF SALE PROCEEDS IN 
FUND.— 
(1) DRAWDOWN
AND
SALE.—Notwithstanding 
section 161 of the Energy Policy and Conservation 
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Act (42 U.S.C. 6241), to the extent provided in ad-
vance in appropriation Acts, the Secretary of Energy 
shall draw down and sell crude oil from the Strategic 
Petroleum Reserve in amounts as authorized under 
subsection (e), except as provided in paragraphs (2) 
and (3). Amounts received for a sale under this sub-
section shall be deposited into the Fund during the 
fiscal year in which the sale occurs. Such amounts 
shall remain available in the Fund without fiscal 
year limitation. 
(2) EMERGENCY
PROTECTION.—The Secretary 
shall not draw down and sell crude oil under this 
subsection in amounts that would limit the authority 
to sell petroleum products under section 161(h) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6241(h)) in the full amount authorized by that sub-
section. 
(3) INVESTMENT
PROTECTION.—The Secretary 
shall not draw down and sell crude oil under this 
subsection at a price lower than the average price 
paid for oil in the Strategic Petroleum Reserve. 
(d) AUTHORIZED USES OF FUND.— 
(1) IN GENERAL.—Amounts in the Fund may be 
used for, or may be credited as offsetting collections 
for amounts used for, carrying out the programs de-
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scribed in paragraphs (2), (3), and (4), to the extent 
provided in advance in appropriation Acts. 
(2) PROGRAM TO MODERNIZE THE STRATEGIC 
PETROLEUM RESERVE.— 
(A) FINDINGS.—Congress finds the fol-
lowing: 
(i) The Strategic Petroleum Reserve is 
one of the Nation’s most valuable energy se-
curity assets. 
(ii) The age and condition of the Stra-
tegic Petroleum Reserve have diminished its 
value as a Federal energy security asset. 
(iii) Global oil markets and the loca-
tion and amount of United States oil pro-
duction and refining capacity have dra-
matically changed in the 40 years since the 
establishment of the Strategic Petroleum Re-
serve. 
(iv) Maximizing the energy security 
value of the Strategic Petroleum Reserve re-
quires a modernized infrastructure that 
meets the drawdown and distribution needs 
of changed domestic and international oil 
and refining market conditions. 
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(B) REAFFIRMATION OF POLICY.—Congress 
reaffirms the continuing strategic importance 
and need for the Strategic Petroleum Reserve as 
found and declared in section 151 of the Energy 
Policy and Conservation Act (42 U.S.C. 6231). 
(C) PROGRAM.—The Secretary of Energy 
shall establish a Strategic Petroleum Reserve 
modernization program to protect the United 
States economy from the impacts of emergency 
petroleum product supply disruptions. The pro-
gram shall include— 
(i) operational improvements to extend 
the useful life of surface and subsurface in-
frastructure; 
(ii) maintenance of cavern storage in-
tegrity; and 
(iii) addition of infrastructure and fa-
cilities to maximize the drawdown and in-
cremental distribution capacity of the Stra-
tegic Petroleum Reserve. 
(3) PROGRAM TO ENHANCE SAFETY, PERFORM-
ANCE, AND RESILIENCE OF NATURAL GAS DISTRIBU-
TION SYSTEMS.— 
(A) PROGRAM.—The Secretary of Energy 
shall establish a grant program to provide finan-
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cial assistance to States to offset the incremental 
rate increases paid by eligible households result-
ing from the implementation of State-approved 
infrastructure replacement, repair, and mainte-
nance programs designed to accelerate the nec-
essary replacement, repair, or maintenance of 
natural gas distribution systems. 
(B) DATE OF ELIGIBILITY.—Awards may be 
provided under this paragraph to offset rate in-
creases described in subsection (a) occurring on 
or after July 1, 2015. 
(C) PRIORITIZATION.—The Secretary shall 
collaborate with States to prioritize the distribu-
tion of grants made under this paragraph. At a 
minimum, 
the 
Secretary 
shall 
consider 
prioritizing the distribution of grants to States 
which have— 
(i) authorized or adopted enhanced in-
frastructure replacement programs or inno-
vative rate recovery mechanisms, such as 
infrastructure cost trackers and riders, in-
frastructure base rate surcharges, deferred 
regulatory asset programs, and earnings 
stability mechanisms; and 
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(ii) a viable means for delivering fi-
nancial assistance to eligible households. 
(D) DEFINITION.—In this paragraph, the 
term ‘‘eligible household’’ means a household that 
is eligible to receive payments under section 
8624(b)(2) of title 42, United States Code. 
(4) PROGRAM
TO
ENHANCE
ELECTRIC
INFRA-
STRUCTURE RESILIENCE, RELIABILITY, AND ENERGY 
SECURITY.— 
(A) PROGRAM.—The Secretary shall estab-
lish a competitive grant program to provide 
grants to States, units of local government, and 
Indian tribe economic development entities to en-
hance energy security through measures for elec-
tricity delivery infrastructure hardening and en-
hanced resilience and reliability. 
(B) PURPOSE OF GRANTS.—The Secretary 
may make grants on a competitive basis to en-
able broader use of resiliency-related technologies, 
upgrades, and institutional measures and prac-
tices designed to— 
(i) improve the resilience, reliability, 
and security of electricity delivery infra-
structure; 
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(ii) improve preparedness and restora-
tion time to mitigate power disturbances re-
sulting from physical and cyber attacks, 
electromagnetic pulse attacks, geomagnetic 
disturbances, seismic events, and severe 
weather and other environmental stressors; 
(iii) continue delivery of power to fa-
cilities critical to public health, safety, and 
welfare, including hospitals, assisted living 
facilities, and schools; 
(iv) continue delivery of power to elec-
tricity-dependent essential services, includ-
ing fueling stations and pumps, wastewater 
and sewage treatment facilities, gas pipeline 
infrastructure, 
communications 
systems, 
transportation services and systems, and 
services provided by emergency first re-
sponders; and 
(v) enhance regional grid resilience 
and the resilience of electricity-dependent 
regional infrastructure. 
(C) 
EXAMPLES.—Resiliency-related 
tech-
nologies, upgrades, and measures with respect to 
which grants may be made under this paragraph 
include— 
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(i) hardening, or other enhanced pro-
tection, of utility poles, wiring, cabling, and 
other distribution components, facilities, or 
structures; 
(ii) advanced grid technologies capable 
of isolating or repairing problems remotely, 
such as advanced metering infrastructure, 
high-tech sensors, grid monitoring and con-
trol systems, and remote reconfiguration 
and redundancy systems; 
(iii) cybersecurity products and com-
ponents; 
(iv) distributed generation, including 
back-up generation to power critical facili-
ties and essential services, and related inte-
gration components, such as advanced in-
verter technology; 
(v) microgrid systems, including hy-
brid microgrid systems for isolated commu-
nities; 
(vi) combined heat and power; 
(vii) waste heat resources; 
(viii) non-grid-scale energy storage 
technologies; 
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(ix) wiring, cabling, and other dis-
tribution components, including submersible 
distribution components, and enclosures; 
(x) electronically controlled reclosers 
and similar technologies for power restora-
tion, including emergency mobile sub-
stations, as defined in section 1105 of the 
North American Energy Security and In-
frastructure Act of 2015; 
(xi) advanced energy analytics tech-
nology, such as Internet-based and cloud- 
based computing solutions and subscription 
licensing models; 
(xii) measures that enhance resilience 
through planning, preparation, response, 
and recovery activities; 
(xiii) operational capabilities to en-
hance resilience through rapid response re-
covery; and 
(xiv) measures to ensure availability of 
key critical components through contracts, 
cooperative agreements, stockpiling and 
prepositioning, or other measures. 
(D) IMPLEMENTATION.—Specific projects or 
programs established, or to be established, pursu-
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ant to awards provided under this paragraph 
shall be implemented through the States by pub-
lic and publicly regulated entities on a cost- 
shared basis. 
(E) 
COOPERATION.—In 
carrying 
out 
projects or programs established, or to be estab-
lished, pursuant to awards provided under this 
paragraph, award recipients shall cooperate, as 
applicable, with— 
(i) State public utility commissions; 
(ii) State energy offices; 
(iii) electric infrastructure owners and 
operators; and 
(iv) other entities responsible for main-
taining electric reliability. 
(F) DATA AND METRICS.— 
(i) IN GENERAL.—To the extent prac-
ticable, award recipients shall utilize the 
most current data, metrics, and frameworks 
related to— 
(I) electricity delivery infrastruc-
ture hardening and enhancing resil-
ience and reliability; and 
(II) current and future threats, 
including physical and cyber attacks, 
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electromagnetic pulse, geomagnetic dis-
turbances, seismic events, and severe 
weather 
and 
other 
environmental 
stressors. 
(ii) METRICS.—Award recipients shall 
demonstrate to the Secretary with measur-
able and verifiable data how the deployment 
of resiliency-related technologies, upgrades, 
and technologies achieve improvements in 
the resiliency and recovery of electricity de-
livery infrastructure and related services, 
including a comparison of data collected be-
fore and after deployment. Metrics for dem-
onstrating improvements in resiliency and 
recovery may include— 
(I) power quality during power 
disturbances when delivered power does 
not meet power quality requirements of 
the customer; 
(II) duration of customer inter-
ruptions; 
(III) number of customers im-
pacted; 
(IV) cost impacts, including busi-
ness and other economic losses; 
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(V) impacts on electricity-depend-
ent essential services and critical fa-
cilities; and 
(VI) societal impacts. 
(iii) FURTHERING ENERGY ASSURANCE 
PLANS.—Award 
recipients 
shall 
dem-
onstrate to the Secretary how projects or 
programs established, or to be established, 
pursuant to awards provided under this 
paragraph further applicable State and 
local energy assurance plans. 
(G) MATCHING CONTRIBUTIONS.—The Sec-
retary may not make a grant under this para-
graph unless the applicant agrees to make avail-
able non-Federal contributions (which may in-
clude in-kind contributions) in an amount not 
less than 50 percent of the Federal contribution. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated (and drawdowns and sales 
under subsection (c) in an equal amount are authorized)— 
(1) 
for 
carrying 
out 
subsection 
(d)(2), 
$500,000,000 for the period encompassing fiscal years 
2017 through 2020; 
(2) 
for 
carrying 
out 
subsection 
(d)(3), 
$100,000,000 for the period encompassing fiscal years 
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2017 through 2020, of which not more than 5 percent 
may be used for administrative expenses; and 
(3) 
for 
carrying 
out 
subsection 
(d)(4), 
$250,000,000 for the period encompassing fiscal years 
2017 through 2020, of which not more than 5 percent 
may be used for administrative expenses. 
(f) TRANSMISSION
OF DEPARTMENT BUDGET RE-
QUESTS.—The Secretary of Energy shall prepare and sub-
mit in the Department’s annual budget request to Con-
gress— 
(1) an itemization of the amounts of funds nec-
essary to carry out subsection (d); and 
(2) a designation of any activities thereunder for 
which a multiyear budget authority would be appro-
priate. 
(g) SUNSET.—The authority of the Secretary to draw-
down and sell crude oil from the Strategic Petroleum Re-
serve under this section shall expire at the end of fiscal year 
2020. 
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Subtitle C—Hydropower Regulatory 
Modernization 
SEC. 1301. HYDROELECTRIC PRODUCTION AND EFFICIENCY 
INCENTIVES. 
(a) HYDROELECTRIC PRODUCTION INCENTIVES.—Sec-
tion 242 of the Energy Policy Act of 2005 (42 U.S.C.15881) 
is amended— 
(1) in subsection (c), by striking ‘‘10’’ and in-
serting ‘‘20’’; 
(2) in subsection (f), by striking ‘‘20’’ and in-
serting ‘‘30’’; and 
(3) in subsection (g), by striking ‘‘each of the fis-
cal years 2006 through 2015’’ and inserting ‘‘each of 
fiscal years 2016 through 2025’’. 
(b) HYDROELECTRIC EFFICIENCY IMPROVEMENT.— 
Section 243(c) of the Energy Policy Act of 2005 (42 U.S.C. 
15882(c)) is amended by striking ‘‘each of the fiscal years 
2006 through 2015’’ and inserting ‘‘each of fiscal years 
2016 through 2025’’. 
SEC. 1302. PROTECTION OF PRIVATE PROPERTY RIGHTS IN 
HYDROPOWER LICENSING. 
(a) LICENCES.—Section 4(e) of the Federal Power Act 
(16 U.S.C. 797(e)) is amended— 
(1) by striking ‘‘and’’ after ‘‘recreational oppor-
tunities,’’; and 
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(2) by inserting ‘‘, and minimizing infringement 
on the useful exercise and enjoyment of property 
rights held by nonlicensees’’ after ‘‘aspects of environ-
mental quality’’. 
(b) PRIVATE LANDOWNERSHIP.—Section 10 of the 
Federal Power Act (16 U.S.C. 803) is amended— 
(1) in subsection (a)(1), by inserting ‘‘, includ-
ing minimizing infringement on the useful exercise 
and enjoyment of property rights held by non-
licensees’’ after ‘‘section 4(e)’’; and 
(2) by adding at the end the following: 
‘‘(k) PRIVATE LANDOWNERSHIP.—In developing any 
recreational resource within the project boundary, the li-
censee shall consider private landownership as a means to 
encourage and facilitate— 
‘‘(1) private investment; and 
‘‘(2) increased tourism and recreational use.’’. 
SEC. 1303. EXTENSION OF TIME FOR FERC PROJECT IN-
VOLVING W. KERR SCOTT DAM. 
(a) IN GENERAL.—Notwithstanding the time period 
specified in section 13 of the Federal Power Act (16 U.S.C. 
806) that would otherwise apply to the Federal Energy Reg-
ulatory Commission project numbered 12642, the Commis-
sion may, at the request of the licensee for the project, and 
after reasonable notice, in accordance with the good faith, 
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due diligence, and public interest requirements of that sec-
tion and the Commission’s procedures under that section, 
extend the time period during which the licensee is required 
to commence the construction of the project for up to 3 con-
secutive 2-year periods from the date of the expiration of 
the extension originally issued by the Commission. 
(b) REINSTATEMENT OF EXPIRED LICENSE.—If the 
period required for commencement of construction of the 
project described in subsection (a) has expired prior to the 
date of the enactment of this Act, the Commission may rein-
state the license effective as of the date of its expiration and 
the first extension authorized under subsection (a) shall take 
effect on the date of such expiration. 
SEC. 1304. HYDROPOWER LICENSING AND PROCESS IM-
PROVEMENTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 34. HYDROPOWER LICENSING AND PROCESS IM-
PROVEMENTS. 
‘‘(a) DEFINITION.—In this section, the term ‘Federal 
authorization’— 
‘‘(1) means any authorization required under 
Federal law with respect to an application for a li-
cense, license amendment, or exemption under this 
part; and 
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‘‘(2) includes any permits, special use authoriza-
tions, certifications, opinions, or other approvals as 
may be required under Federal law to approve or im-
plement the license, license amendment, or exemption 
under this part. 
‘‘(b) DESIGNATION AS LEAD AGENCY.— 
‘‘(1) IN GENERAL.—The Commission shall act as 
the lead agency for the purposes of coordinating all 
applicable Federal authorizations and for the pur-
poses of complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) OTHER AGENCIES AND INDIAN TRIBES.— 
‘‘(A) IN
GENERAL.—Each Federal, State, 
and local government agency and Indian tribe 
considering an aspect of an application for Fed-
eral authorization shall coordinate with the 
Commission and comply with the deadline estab-
lished in the schedule developed for the project in 
accordance with the rule issued by the Commis-
sion under subsection (c). 
‘‘(B) IDENTIFICATION.—The Commission 
shall identify, as early as practicable after it is 
notified by the applicant of a project or facility 
requiring Commission action under this part, 
any Federal or State agency, local government, 
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or Indian tribe that may consider an aspect of 
an application for a Federal authorization. 
‘‘(C) NOTIFICATION.— 
‘‘(i) IN
GENERAL.—The Commission 
shall notify any agency and Indian tribe 
identified under subparagraph (B) of the 
opportunity to participate in the process of 
reviewing an aspect of an application for a 
Federal authorization. 
‘‘(ii) DEADLINE.—Each agency and 
Indian tribe receiving a notice under clause 
(i) shall submit a response acknowledging 
receipt of the notice to the Commission 
within 30 days of receipt of such notice and 
request. 
‘‘(D) ISSUE IDENTIFICATION AND RESOLU-
TION.— 
‘‘(i) IDENTIFICATION OF ISSUES.—Fed-
eral, State, and local government agencies 
and Indian tribes that may consider an as-
pect of an application for Federal author-
ization shall identify, as early as possible, 
and share with the Commission and the ap-
plicant, any issues of concern identified 
during the pendency of the Commission’s 
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action under this part relating to any Fed-
eral authorization that may delay or pre-
vent the granting of such authorization, in-
cluding any issues that may prevent the 
agency or Indian tribe from meeting the 
schedule established for the project in ac-
cordance with the rule issued by the Com-
mission under subsection (c). 
‘‘(ii) ISSUE RESOLUTION.—The Com-
mission may forward any issue of concern 
identified under clause (i) to the heads of 
the relevant State and Federal agencies (in-
cluding, in the case of scheduling concerns 
identified by a State or local government 
agency or Indian tribe, the Federal agency 
overseeing the delegated authority, or the 
Secretary of the Interior with regard to 
scheduling concerns identified by an Indian 
tribe) for resolution. The Commission and 
any relevant agency shall enter into a 
memorandum of understanding to facilitate 
interagency coordination and resolution of 
such issues of concern, as appropriate. 
‘‘(c) SCHEDULE.— 
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‘‘(1) COMMISSION
RULEMAKING
TO
ESTABLISH 
PROCESS TO SET SCHEDULE.—Within 180 days of the 
date of enactment of this section the Commission 
shall, in consultation with the appropriate Federal 
agencies, issue a rule, after providing for notice and 
public comment, establishing a process for setting a 
schedule following the filing of an application under 
this part for the review and disposition of each Fed-
eral authorization. 
‘‘(2) ELEMENTS
OF
SCHEDULING
RULE.—In 
issuing a rule under this subsection, the Commission 
shall ensure that the schedule for each Federal author-
ization— 
‘‘(A) includes deadlines for actions by— 
‘‘(i) any Federal or State agency, local 
government, or Indian tribe that may con-
sider an aspect of an application for the 
Federal authorization; 
‘‘(ii) the applicant; 
‘‘(iii) the Commission; and 
‘‘(iv) other participants in a pro-
ceeding; 
‘‘(B) is developed in consultation with the 
applicant and any agency and Indian tribe that 
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submits 
a 
response 
under 
subsection 
(b)(2)(C)(ii); 
‘‘(C) provides an opportunity for any Fed-
eral or State agency, local government, or Indian 
tribe that may consider an aspect of an applica-
tion for the applicable Federal authorization to 
identify and resolve issues of concern, as pro-
vided in subsection (b)(2)(D); 
‘‘(D) complies with applicable schedules es-
tablished under Federal and State law; 
‘‘(E) ensures expeditious completion of all 
proceedings required under Federal and State 
law, to the extent practicable; and 
‘‘(F) facilitates completion of Federal and 
State agency studies, reviews, and any other pro-
cedures required prior to, or concurrent with, the 
preparation of the Commission’s environmental 
document required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(d) TRANSMISSION OF FINAL SCHEDULE.— 
‘‘(1) IN GENERAL.—For each application for a 
license, license amendment, or exemption under this 
part, the Commission shall establish a schedule in ac-
cordance with the rule issued by the Commission 
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under subsection (c). The Commission shall publicly 
notice and transmit the final schedule to the appli-
cant and each agency and Indian tribe identified 
under subsection (b)(2)(B). 
‘‘(2) RESPONSE.—Each agency and Indian tribe 
receiving a schedule under this subsection shall ac-
knowledge receipt of such schedule in writing to the 
Commission within 30 days. 
‘‘(e) ADHERENCE
TO SCHEDULE.—All applicants, 
other licensing participants, and agencies and tribes con-
sidering an aspect of an application for a Federal author-
ization shall meet the deadlines set forth in the schedule 
established pursuant to subsection (d)(1). 
‘‘(f) APPLICATION PROCESSING.—The Commission, 
Federal, State, and local government agencies, and Indian 
tribes may allow an applicant seeking a Federal authoriza-
tion to fund a third-party contractor selected by such agen-
cy or tribe to assist in reviewing the application. All costs 
of an agency or tribe incurred pursuant to direct funding 
by the applicant, including all costs associated with the 
third party contractor, shall not be considered costs of the 
United States for the administration of this part under sec-
tion 10(e). 
‘‘(g) COMMISSION RECOMMENDATION ON SCOPE OF 
ENVIRONMENTAL REVIEW.—For the purposes of coordi-
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nating Federal authorizations for each project, the Commis-
sion shall consult with and make a recommendation to 
agencies and Indian tribes receiving a schedule under sub-
section (d) on the scope of the environmental review for all 
Federal authorizations for such project. Each Federal and 
State agency and Indian tribe shall give due consideration 
and may give deference to the Commission’s recommenda-
tions, to the extent appropriate under Federal law. 
‘‘(h) FAILURE TO MEET SCHEDULE.—A Federal, 
State, or local government agency or Indian tribe that an-
ticipates that it will be unable to complete its disposition 
of a Federal authorization by the deadline set forth in the 
schedule established under subsection (d)(1) may file for an 
extension as provided under section 313(b)(2). 
‘‘(i) CONSOLIDATED RECORD.—The Commission shall, 
with the cooperation of Federal, State, and local govern-
ment agencies and Indian tribes, maintain a complete con-
solidated record of all decisions made or actions taken by 
the Commission or by a Federal administrative agency or 
officer (or State or local government agency or officer or 
Indian tribe acting under delegated Federal authority) with 
respect to any Federal authorization. Such record shall con-
stitute the record for judicial review under section 313(b).’’. 
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SEC. 1305. JUDICIAL REVIEW OF DELAYED FEDERAL AU-
THORIZATIONS. 
Section 313(b) of the Federal Power Act (16 U.S.C. 
825l(b)) is amended— 
(1) by striking ‘‘(b) Any party’’ and inserting 
the following: 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any party’’; and 
(2) by adding at the end the following: 
‘‘(2) DELAY OF A FEDERAL AUTHORIZATION.— 
Any Federal, State, or local government agency or In-
dian tribe that will not complete its disposition of a 
Federal authorization by the deadline set forth in the 
schedule by the Commission under section 34 may file 
for an extension in the United States court of appeals 
for any circuit wherein the project or proposed project 
is located, or in the United States Court of Appeals 
for the District of Columbia. Such petition shall be 
filed not later than 30 days prior to such deadline. 
The court shall only grant an extension if the agency 
or tribe demonstrates, based on the record maintained 
under section 34, that it otherwise complied with the 
requirements of section 34 and that complying with 
the schedule set by the Commission would have pre-
vented the agency or tribe from complying with ap-
plicable Federal or State law. If the court grants the 
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extension, the court shall set a reasonable schedule 
and deadline, not to exceed 90 days, for the agency 
to act on remand. If the court denies the extension, 
or if an agency or tribe does not file for an extension 
as provided in this subsection and does not complete 
its disposition of a Federal authorization by the ap-
plicable deadline, the Commission and applicant may 
move forward with the proposed action.’’. 
SEC. 1306. LICENSING STUDY IMPROVEMENTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1304, is further amended by 
adding at the end the following: 
‘‘SEC. 35. LICENSING STUDY IMPROVEMENTS. 
‘‘(a) IN GENERAL.—To facilitate the timely and effi-
cient completion of the license proceedings under this part, 
the Commission shall, in consultation with applicable Fed-
eral and State agencies and interested members of the pub-
lic— 
‘‘(1) compile current and accepted best practices 
in performing studies required in such license pro-
ceedings, including methodologies and the design of 
studies to assess the full range of environmental im-
pacts of a project that reflect the most recent peer-re-
viewed science; 
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‘‘(2) compile a comprehensive collection of stud-
ies and data accessible to the public that could be 
used to inform license proceedings under this part; 
and 
‘‘(3) encourage license applicants, agencies, and 
Indian tribes to develop and use, for the purpose of 
fostering timely and efficient consideration of license 
applications, a limited number of open-source meth-
odologies and tools applicable across a wide array of 
projects, 
including 
water 
balance 
models 
and 
streamflow analyses. 
‘‘(b) USE OF STUDIES.—To the extent practicable, the 
Commission and other Federal, State, and local government 
agencies and Indian tribes considering an aspect of an ap-
plication for Federal authorization shall use current, ac-
cepted science toward studies and data in support of their 
actions. Any participant in a proceeding with respect to 
a Federal authorization shall demonstrate a study requested 
by the party is not duplicative of current, existing studies 
that are applicable to the project. 
‘‘(c) BASIN-WIDE OR REGIONAL REVIEW.—The Com-
mission shall establish a program to develop comprehensive 
plans, at the request of project applicants, on a regional 
or basin-wide scale, in consultation with the applicants, ap-
propriate Federal agencies, and affected States, local gov-
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ernments, and Indian tribes, in basins or regions with re-
spect to which there are more than one project or applica-
tion for a project. Upon such a request, the Commission, 
in consultation with the applicants, such Federal agencies, 
and affected States, local governments, and Indian tribes, 
may conduct or commission regional or basin-wide environ-
mental studies, with the participation of at least 2 appli-
cants. Any study conducted under this subsection shall 
apply only to a project with respect to which the applicant 
participates.’’. 
SEC. 1307. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1306, is further amended by 
adding at the end the following: 
‘‘SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS. 
‘‘(a) DEFINITION.—For purposes of this section, a 
closed-loop pumped storage project is a project— 
‘‘(1) in which the upper and lower reservoirs do 
not impound or directly withdraw water from navi-
gable waters; or 
‘‘(2) that is not continuously connected to a nat-
urally flowing water feature. 
‘‘(b) IN GENERAL.—As provided in this section, the 
Commission may issue and amend licenses and prelimi-
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nary permits, as appropriate, for closed-loop pumped stor-
age projects. 
‘‘(c) DAM SAFETY.—Before issuing any license for a 
closed-loop pumped storage project, the Commission shall 
assess the safety of existing dams and other structures re-
lated to the project (including possible consequences associ-
ated with failure of such structures). 
‘‘(d) LICENSE CONDITIONS.—With respect to a closed- 
loop pumped storage project, the authority of the Commis-
sion to impose conditions on a license under sections 4(e), 
10(a), 10(g), and 10(j) shall not apply, and any condition 
included in or applicable to a closed-loop pumped storage 
project licensed under this section, including any condition 
or other requirement of a Federal authorization, shall be 
limited to those that are— 
‘‘(1) necessary to protect public safety; or 
‘‘(2) reasonable, economically feasible, and essen-
tial to prevent loss of or damage to, or to mitigate ad-
verse effects on, fish and wildlife resources directly 
caused by the construction and operation of the 
project, as compared to the environmental baseline ex-
isting at the time the Commission completes its envi-
ronmental review. 
‘‘(e) TRANSFERS.—Notwithstanding section 5, and re-
gardless of whether the holder of a preliminary permit for 
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a closed-loop pumped storage project claimed municipal 
preference under section 7(a) when obtaining the permit, 
the Commission may, to facilitate development of a closed- 
loop pumped storage project— 
‘‘(1) add entities as joint permittees following 
issuance of a preliminary permit; and 
‘‘(2) transfer a license in part to one or more 
nonmunicipal entities as co-licensees with a munici-
pality.’’. 
SEC. 1308. LICENSE AMENDMENT IMPROVEMENTS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1307, is further amended by 
adding at the end the following: 
‘‘SEC. 37. LICENSE AMENDMENT IMPROVEMENTS. 
‘‘(a) QUALIFYING PROJECT UPGRADES.— 
‘‘(1) IN GENERAL.—As provided in this section, 
the Commission may approve an application for an 
amendment to a license issued under this part for a 
qualifying project upgrade. 
‘‘(2) APPLICATION.—A licensee filing an applica-
tion for an amendment to a project license under this 
section shall include in such application information 
sufficient to demonstrate that the proposed change to 
the project described in the application is a quali-
fying project upgrade. 
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‘‘(3) INITIAL DETERMINATION.—Not later than 
15 days after receipt of an application under para-
graph (2), the Commission shall make an initial de-
termination as to whether the proposed change to the 
project described in the application for a license 
amendment is a qualifying project upgrade. The 
Commission shall publish its initial determination 
and issue notice of the application filed under para-
graph (2). Such notice shall solicit public comment on 
the initial determination within 45 days. 
‘‘(4) PUBLIC
COMMENT
ON
QUALIFYING
CRI-
TERIA.—The Commission shall accept public com-
ment regarding whether a proposed license amend-
ment is for a qualifying project upgrade for a period 
of 45 days beginning on the date of publication of a 
public notice described in paragraph (3), and shall— 
‘‘(A) if no entity contests whether the pro-
posed license amendment is for a qualifying 
project upgrade during such comment period, 
immediately publish a notice stating that the 
initial determination has not been contested; or 
‘‘(B) if an entity contests whether the pro-
posed license amendment is for a qualifying 
project upgrade during the comment period, 
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issue a written determination in accordance 
with paragraph (5). 
‘‘(5) WRITTEN
DETERMINATION.—If an entity 
contests whether the proposed license amendment is 
for a qualifying project upgrade during the comment 
period under paragraph (4), the Commission shall, 
not later than 30 days after the date of publication 
of the public notice of the initial determination under 
paragraph (3), issue a written determination as to 
whether the proposed license amendment is for a 
qualifying project upgrade. 
‘‘(6) PUBLIC COMMENT ON AMENDMENT APPLICA-
TION.—If no entity contests whether the proposed li-
cense amendment is for a qualifying project upgrade 
during the comment period under paragraph (4) or 
the Commission issues a written determination under 
paragraph (5) that a proposed license amendment is 
a qualifying project upgrade, the Commission shall— 
‘‘(A) during the 60-day period beginning on 
the date of publication of a notice under para-
graph (4)(A) or the date on which the Commis-
sion issues the written determination under 
paragraph (5), as applicable, solicit comments 
from each Federal, State, and local government 
agency and Indian tribe considering an aspect of 
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an application for Federal authorization (as de-
fined in section 34) with respect to the proposed 
license amendment, as well as other interested 
agencies, Indian tribes, and members of the pub-
lic; and 
‘‘(B) during the 90-day period beginning on 
the date of publication of a notice under para-
graph (4)(A) or the date on which the Commis-
sion issues the written determination under 
paragraph (5), as applicable, consult with— 
‘‘(i) appropriate Federal agencies and 
the State agency exercising administrative 
control over the fish and wildlife resources, 
and water quality and supply, of the State 
in which the qualifying project upgrade is 
located; 
‘‘(ii) any Federal department super-
vising any public lands or reservations oc-
cupied by the qualifying project upgrade; 
and 
‘‘(iii) any Indian tribe affected by the 
qualifying project upgrade. 
‘‘(7) FEDERAL AUTHORIZATIONS.—The schedule 
established by the Commission under section 34 for 
any project upgrade under this subsection shall re-
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quire final disposition on all necessary Federal au-
thorizations (as defined in section 34), other than 
final action by the Commission, by not later than 120 
days after the date on which the Commission issues 
a notice under paragraph (4)(A) or a written deter-
mination under paragraph (5), as applicable. 
‘‘(8) COMMISSION ACTION.—Not later than 150 
days after the date on which the Commission issues 
a notice under paragraph (4)(A) or a written deter-
mination under paragraph (5), as applicable, the 
Commission shall take final action on the license 
amendment application. 
‘‘(9) LICENSE
AMENDMENT
CONDITIONS.—Any 
condition included in or applicable to a license 
amendment approved under this subsection, including 
any condition or other requirement of a Federal au-
thorization, shall be limited to those that are— 
‘‘(A) necessary to protect public safety; or 
‘‘(B) reasonable, economically feasible, and 
essential to prevent loss of or damage to, or to 
mitigate adverse effects on, fish and wildlife re-
sources, water supply, and water quality that 
are directly caused by the construction and oper-
ation of the qualifying project upgrade, as com-
pared to the environmental baseline existing at 
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the time the Commission approves the applica-
tion for the license amendment. 
‘‘(10) PROPOSED
LICENSE
AMENDMENTS
THAT 
ARE
NOT
QUALIFYING
PROJECT
UPGRADES.—If the 
Commission determines under paragraph (3) or (5) 
that a proposed license amendment is not for a quali-
fying project upgrade, the procedures under para-
graphs (6) through (9) shall not apply to the applica-
tion. 
‘‘(11) RULEMAKING.—Not later than 180 days 
after the date of enactment of this section, the Com-
mission shall, after notice and opportunity for public 
comment, issue a rule to implement this subsection. 
‘‘(12) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) QUALIFYING PROJECT UPGRADE.—The 
term ‘qualifying project upgrade’ means a 
change to a project licensed under this part that 
meets the qualifying criteria, as determined by 
the Commission. 
‘‘(B) QUALIFYING
CRITERIA.—The term 
‘qualifying criteria’ means, with respect to a 
project license under this part, a change to the 
project that— 
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‘‘(i) if carried out, would be unlikely to 
adversely affect any species listed as threat-
ened or endangered under the Endangered 
Species Act of 1973 or result in the destruc-
tion or adverse modification of critical 
habitat, as determined in consultation with 
the Secretary of the Interior or Secretary of 
Commerce, as appropriate, in accordance 
with section 7 of the Endangered Species 
Act of 1973; 
‘‘(ii) is consistent with any applicable 
comprehensive plan under section 10(a)(2); 
‘‘(iii) includes only changes to project 
lands, waters, or operations that, in the 
judgment of the Commission, would result 
in only insignificant or minimal cumu-
lative adverse environmental effects; 
‘‘(iv) would be unlikely to adversely af-
fect water quality and water supply; and 
‘‘(v) proposes to implement— 
‘‘(I) capacity increases, efficiency 
improvements, or other enhancements 
to hydropower generation at the li-
censed project; 
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‘‘(II) environmental protection, 
mitigation, or enhancement measures 
to benefit fish and wildlife resources or 
other natural and cultural resources; 
or 
‘‘(III) improvements to public 
recreation at the licensed project. 
‘‘(b) AMENDMENT APPROVAL PROCESSES.— 
‘‘(1) RULE.—Not later than 1 year after the date 
of enactment of this section, the Commission shall, 
after notice and opportunity for public comment, 
issue a rule establishing new standards and proce-
dures for license amendment applications under this 
part. In issuing such rule, the Commission shall seek 
to develop the most efficient and expedient process, 
consultation, and review requirements, commensurate 
with the scope of different categories of proposed li-
cense amendments. Such rule shall account for dif-
ferences in environmental effects across a wide range 
of categories of license amendment applications. 
‘‘(2) CAPACITY.—In issuing a rule under this 
subsection, the Commission shall take into consider-
ation that a change in generating or hydraulic capac-
ity may indicate the potential environmental effects 
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100 
of a proposed amendment but is not determinative of 
such effects. 
‘‘(3) PROCESS
OPTIONS.—In issuing a rule 
under this subsection, the Commission shall take into 
consideration the range of process options available 
under the Commission’s regulations for new and 
original license applications and adapt such options 
to amendment applications, where appropriate.’’. 
SEC. 1309. PROMOTING HYDROPOWER DEVELOPMENT AT 
EXISTING NONPOWERED DAMS. 
Part I of the Federal Power Act (16 U.S.C. 792 et 
seq.), as amended by section 1308, is further amended by 
adding at the end the following: 
‘‘SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EX-
ISTING NONPOWERED DAMS. 
‘‘(a) EXEMPTIONS FOR QUALIFYING FACILITIES.— 
‘‘(1) EXEMPTION
QUALIFICATIONS.—Subject to 
the requirements of this subsection, the Commission 
may grant an exemption in whole or in part from the 
requirements of this part, including any license re-
quirements contained in this part, to any facility the 
Commission determines is a qualifying facility. 
‘‘(2) CONSULTATION WITH FEDERAL AND STATE 
AGENCIES.—In granting any exemption under this 
subsection, the Commission shall consult with— 
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‘‘(A) the United States Fish and Wildlife 
Service, the National Marine Fisheries Service, 
and the State agency exercising administrative 
control over the fish and wildlife resources of the 
State in which the facility will be located, in the 
manner provided by the Fish and Wildlife Co-
ordination Act; 
‘‘(B) any Federal department supervising 
any public lands or reservations occupied by the 
project; and 
‘‘(C) any Indian tribe affected by the 
project. 
‘‘(3) EXEMPTION CONDITIONS.— 
‘‘(A) IN GENERAL.—The Commission shall 
include in any exemption granted under this 
subsection only such terms and conditions that 
the Commission determines are— 
‘‘(i) necessary to protect public safety; 
or 
‘‘(ii) reasonable, economically feasible, 
and essential to prevent loss of or damage 
to, or to mitigate adverse effects on, fish and 
wildlife resources directly caused by the con-
struction and operation of the qualifying fa-
cility, as compared to the environmental 
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baseline existing at the time the Commis-
sion grants the exemption. 
‘‘(B) NO CHANGES TO RELEASE REGIME.— 
No Federal authorization required with respect 
to a qualifying facility described in paragraph 
(1), including an exemption granted by the Com-
mission under this subsection, may include any 
condition or other requirement that results in 
any material change to the storage, control, 
withdrawal, diversion, release, or flow operations 
of the associated qualifying nonpowered dam. 
‘‘(4) ENVIRONMENTAL
REVIEW.—The Commis-
sion’s environmental review under the National Envi-
ronmental Policy Act of 1969 of a proposed exemp-
tion under this subsection shall consist only of an en-
vironmental assessment, unless the Commission deter-
mines, by rule or order, that the Commission’s obliga-
tions under such Act for granting exemptions under 
this subsection can be met through a categorical exclu-
sion. 
‘‘(5) VIOLATION OF TERMS OF EXEMPTION.—Any 
violation of a term or condition of any exemption 
granted under this subsection shall be treated as a 
violation of a rule or order of the Commission under 
this Act. 
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‘‘(6) ANNUAL CHARGES FOR ENHANCEMENT AC-
TIVITIES.—Exemptees under this subsection for any 
facility located at a non-Federal dam shall pay to the 
United States reasonable annual charges in an 
amount to be fixed by the Commission for the purpose 
of funding environmental enhancement projects in 
watersheds in which facilities exempted under this 
subsection are located. Such annual charges shall be 
equivalent to the annual charges for use of a Govern-
ment dam under section 10(e), unless the Commission 
determines, by rule, that a lower charge is appro-
priate to protect exemptees’ investment in the project 
or avoid increasing the price to consumers of power 
due to such charges. The proceeds of charges made by 
the Commission under this paragraph shall be paid 
into the Treasury of the United States and credited 
to miscellaneous receipts. Subject to annual appro-
priation Acts, such proceeds shall be available to Fed-
eral and State fish and wildlife agencies for purposes 
of carrying out specific environmental enhancement 
projects in watersheds in which one or more facilities 
exempted under this subsection are located. Not later 
than 180 days after the date of enactment of this sec-
tion, the Commission shall establish rules, after notice 
and opportunity for public comment, for the collection 
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and administration of annual charges under this 
paragraph. 
‘‘(7) EFFECT OF JURISDICTION.—The jurisdic-
tion of the Commission over any qualifying facility 
exempted under this subsection shall extend only to 
the qualifying facility exempted and any associated 
primary transmission line, and shall not extend to 
any conduit, dam, impoundment, shoreline or other 
land, or any other project work associated with the 
qualifying facility exempted under this subsection. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) FEDERAL AUTHORIZATION.—The term ‘Fed-
eral authorization’ has the same meaning as provided 
in section 34. 
‘‘(2) QUALIFYING CRITERIA.—The term ‘quali-
fying criteria’ means, with respect to a facility— 
‘‘(A) as of the date of enactment of this sec-
tion, the facility is not licensed under, or ex-
empted from the license requirements contained 
in, this part; 
‘‘(B) the facility will be associated with a 
qualifying nonpowered dam; 
‘‘(C) the facility will be constructed, oper-
ated, and maintained for the generation of elec-
tric power; 
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‘‘(D) the facility will use for such genera-
tion any withdrawals, diversions, releases, or 
flows from the associated qualifying nonpowered 
dam, including its associated impoundment or 
other infrastructure; and 
‘‘(E) the operation of the facility will not 
result in any material change to the storage, con-
trol, withdrawal, diversion, release, or flow oper-
ations of the associated qualifying nonpowered 
dam. 
‘‘(3) QUALIFYING
FACILITY.—The term ‘quali-
fying facility’ means a facility that is determined 
under this section to meet the qualifying criteria. 
‘‘(4) QUALIFYING NONPOWERED DAM.—The term 
‘qualifying nonpowered dam’ means any dam, dike, 
embankment, or other barrier— 
‘‘(A) the construction of which was com-
pleted on or before the date of enactment of this 
section; 
‘‘(B) that is operated for the control, release, 
or distribution of water for agricultural, munic-
ipal, navigational, industrial, commercial, envi-
ronmental, recreational, aesthetic, or flood con-
trol purposes; 
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‘‘(C) that, as of the date of enactment of this 
section, is not equipped with hydropower gener-
ating works that are licensed under, or exempted 
from the license requirements contained in, this 
part; and 
‘‘(D) that, in the case of a non-Federal 
dam, has been certified by an independent con-
sultant approved by the Commission as com-
plying with the Commission’s dam safety re-
quirements.’’. 
TITLE II—21ST CENTURY 
WORKFORCE 
SEC. 2001. 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, including 
by— 
(1) encouraging underrepresented groups, includ-
ing religious and ethnic minorities, women, veterans, 
individuals with disabilities, and socioeconomically 
disadvantaged individuals to enter into the science, 
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technology, engineering, and mathematics (in this sec-
tion referred to as ‘‘STEM’’) fields; 
(2) encouraging the Nation’s education system to 
equip students with the skills, mentorships, training, 
and technical expertise necessary to fill the employ-
ment opportunities vital to managing and operating 
the Nation’s energy and manufacturing industries; 
(3) providing students and other candidates for 
employment with the necessary skills and 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 Initiative. 
(b) PRIORITY.—The Secretary shall make educating 
and training underrepresented groups for energy and man-
ufacturing-related jobs a national priority under the pro-
gram 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 
coaching, mentorships, internships, and partnerships) to 
schools, community colleges, workforce development organi-
zations, nonprofit organizations, labor organizations, ap-
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prenticeship programs, and minority serving institutions. 
The Secretary shall distribute direct assistance in a manner 
proportional to energy and manufacturing industry needs 
and demand for jobs, consistent with information obtained 
under subsections (e)(3) and (i). 
(d) CLEARINGHOUSE.—In carrying out the program 
established under subsection (a), the Secretary shall 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, in-
cluding job training and workforce development pro-
grams available to assist displaced and unemployed 
energy and manufacturing workers transitioning to 
new employment; and 
(2) act as a resource, and provide guidance, for 
schools, community colleges, universities (including 
minority serving institutions), workforce development 
programs, labor-management organizations, and in-
dustry organizations that would like to develop and 
implement energy and manufacturing-related train-
ing programs. 
(e) COLLABORATION.—In carrying out the program es-
tablished under subsection (a), the Secretary— 
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(1) shall collaborate with schools, community col-
leges, universities (including minority serving institu-
tions), workforce-training organizations, national lab-
oratories, unions, State energy offices, workforce in-
vestment 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 effective 
job training programs in the energy and manufac-
turing fields and institutions (including schools, com-
munity colleges, workforce development programs, and 
colleges and universities) that seek to establish these 
types of programs in order to share best practices and 
approaches that best suit local, State, and national 
needs; and 
(3) shall collaborate with the Bureau of Labor 
Statistics, the Department of Commerce, the Bureau 
of the Census, and the energy and manufacturing in-
dustries to develop a comprehensive and detailed un-
derstanding of the energy and manufacturing work-
force needs and opportunities by State and by region, 
and publish an annual report on energy and manu-
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facturing job creation by the sectors enumerated in 
subsection (i). 
(f) GUIDELINES FOR EDUCATIONAL INSTITUTIONS.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Secretary, in col-
laboration with the Secretary of Education, the Sec-
retary of Commerce, the Secretary of Labor, the Na-
tional Science Foundation, and industry shall develop 
voluntary guidelines and best practices for edu-
cational institutions of all levels, including for ele-
mentary 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, en-
ergy-intensive and advanced manufacturing, and 
pipeline industries in developing guidelines under 
paragraph (1). 
(3) ENERGY AND MANUFACTURING EFFICIENCY 
AND CONSERVATION INITIATIVES.—The guidelines de-
veloped under paragraph (1) shall include grade-spe-
cific 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, com-
munity colleges, and universities nationally. 
(g) OUTREACH
TO
MINORITY
SERVING
INSTITU-
TIONS.—In carrying out the program established under sub-
section (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’ partici-
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pation in internships, fellowships, traineeships, and 
employment at all Department of Energy labora-
tories. 
(h) OUTREACH TO DISPLACED AND UNEMPLOYED EN-
ERGY AND MANUFACTURING WORKERS.—In carrying out 
the program established under subsection (a), the Secretary 
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 serv-
ing displaced and unemployed energy and manufac-
turing workers with the objective of training individ-
uals to re-enter the energy and manufacturing work-
force; 
(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; and 
(4) work closely with the energy and manufac-
turing industries to identify energy and manufac-
turing operations, such as coal-fired power plants and 
coal mines, scheduled for closure and to provide early 
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intervention assistance to workers employed at such 
energy and manufacturing operations by— 
(A) giving special consideration to employ-
ers and job trainers preparing such workers for 
emerging energy and manufacturing jobs; 
(B) making resources available to institu-
tions serving such workers with the objective of 
training them to re-enter the energy and manu-
facturing workforce; and 
(C) encouraging the energy and manufac-
turing industries to improve opportunities for 
such workers to participate in internships and 
cooperative work-study programs. 
(i) GUIDELINES TO DEVELOP SKILLS FOR AN ENERGY 
AND MANUFACTURING INDUSTRY WORKFORCE.—In car-
rying out the program established under subsection (a), the 
Secretary shall collaborate with representatives from the en-
ergy and manufacturing industries (including the oil, gas, 
coal, nuclear, utility, pipeline, renewable, petrochemical, 
manufacturing, and electrical construction sectors) to iden-
tify the areas of highest need in each sector and to develop 
guidelines for the skills necessary to develop a workforce 
trained to go into the following sectors of the energy and 
manufacturing sectors: 
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(1) Energy efficiency industry, including work 
in energy efficiency, conservation, weatherization, or 
retrofitting, or as inspectors or auditors. 
(2) Pipeline industry, including work in pipe-
line construction and maintenance or work as engi-
neers 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 se-
curity personnel. 
(6) Oil and gas industry, including work as sci-
entists, engineers, technicians, mathematicians, petro-
chemical 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- 
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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, pipefitters, 
and tool and die makers) or as instrument and elec-
trical technicians, machinists, chemical process opera-
tors, chemical engineers, quality and safety profes-
sionals, and reliability engineers. 
(j) ENROLLMENT IN TRAINING AND APPRENTICESHIP 
PROGRAMS.—In carrying out the program established 
under subsection (a), the Secretary shall work with indus-
try, organized labor, and community-based workforce orga-
nizations to help identify students and other candidates, in-
cluding from underrepresented communities such as mi-
norities, women, and veterans, to enroll into training and 
apprenticeship programs for energy and manufacturing-re-
lated jobs. 
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TITLE III—ENERGY SECURITY 
AND DIPLOMACY 
SEC. 3001. 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. 
(4) The United States has an opportunity to im-
prove 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, transparent, 
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and competitive global energy markets, and through 
greater Federal agency coordination relating to regu-
lations or agency actions that significantly affect the 
supply, distribution, or use of energy. 
SEC. 3002. 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 collabo-
ration with the Secretary of State, shall develop and trans-
mit, after public notice and comment, to the Committee on 
Energy and Commerce and the Committee on Foreign Af-
fairs of the House of Representatives and the Committee on 
Energy and Natural Resources and the Committee on For-
eign Relations of the Senate a report that develops rec-
ommended United States energy security valuation meth-
ods. In developing the report, the Secretaries may consider 
the recommendations of the Administration’s Quadrennial 
Energy Review released on April 21, 2015. The report 
shall— 
(1) evaluate and define United States energy se-
curity to reflect modern domestic and global energy 
markets and the collective needs of the United States 
and its allies and partners; 
(2) identify transparent and uniform or coordi-
nated procedures and criteria to ensure that energy- 
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related actions that significantly affect the supply, 
distribution, or use of energy are evaluated with re-
spect to their potential impact on energy security, in-
cluding their impact on— 
(A) consumers and the economy; 
(B) energy supply diversity and resiliency; 
(C) well-functioning and competitive energy 
markets; 
(D) United States trade balance; and 
(E) national security objectives; and 
(3) include a recommended implementation 
strategy that identifies and aims to ensure that the 
procedures and criteria referred to in paragraph (2) 
are— 
(A) evaluated consistently across the Fed-
eral Government; and 
(B) weighed appropriately and balanced 
with environmental considerations required by 
Federal law. 
(b) PARTICIPATION.—In developing the report referred 
to in subsection (a), the Secretaries may consult with rel-
evant Federal, State, private sector, and international par-
ticipants, as appropriate and consistent with applicable 
law. 
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SEC. 3003. 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 Represent-
atives and the Committee on Energy and Natural Resources 
and the Committee on Foreign Relations of the Senate the 
plan described in subsection (b). 
(b) PURPOSE.—The plan referred to in subsection (a) 
shall include— 
(1) a recommended framework and implementa-
tion strategy to— 
(A) improve planning and coordination 
with Canada and Mexico to enhance energy inte-
gration, strengthen North American energy secu-
rity, and promote efficiencies in the exploration, 
production, storage, supply, distribution, mar-
keting, pricing, and regulation of North Amer-
ican 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 
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(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 Caribbean 
and Central American partners on energy security, 
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 
(D) improvements to the performance of en-
ergy 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 partici-
pants, as appropriate and consistent with applicable law. 
SEC. 3004. 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 
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‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR FED-
ERAL BUILDINGS.— 
‘‘(1) REQUIREMENT.—Subject to paragraph (2), 
each agency shall apply energy conservation measures 
to, and shall improve the design for the construction 
of, the Federal buildings of the agency (including each 
industrial or laboratory facility) so that the energy 
consumption per gross square foot of the Federal 
buildings of the agency in fiscal years 2006 through 
2017 is reduced, as compared with the energy con-
sumption per gross square foot of the Federal build-
ings of the agency in fiscal year 2003, by the percent-
age specified in the following table: 
Percentage 
‘‘Fiscal Year 
Reduction 
2006 .....................................................................................................
2007 .....................................................................................................
2008 .....................................................................................................
2009 .....................................................................................................
2010 .....................................................................................................
2011 .....................................................................................................
2012 .....................................................................................................
2013 .....................................................................................................
2014 .....................................................................................................
2015 .....................................................................................................
2016 .....................................................................................................
2017 .....................................................................................................
36. 
‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY 
INTENSIVE ACTIVITIES.— 
‘‘(A) IN GENERAL.—An agency may exclude 
from the requirements of paragraph (1) any 
building (including the associated energy con-
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Sfmt 6203
E:\BILLS\H8.RH
H8
mstockstill on DSK4VPTVN1PROD with BILLS