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(ii) PUBLICATION
OF
FINDINGS.—If, 
after an attempt to resolve an inconsistency 
under clause (i), the Secretary does not 
adopt in whole or in part a recommenda-
tion of the Tribes under subparagraph (B), 
the Secretary shall issue each of the fol-
lowing findings, including a statement of 
the basis for each of the findings: 
(I) A finding that adoption of the 
recommendation is inconsistent with 
the requirements of the Reclamation 
Project Act of 1939 (43 U.S.C. 485 et 
seq.). 
(II) A finding that the conditions 
selected by the Secretary to be con-
tained in the lease of power privilege 
under subparagraph (A) comply with 
the requirements of clauses (i) and (ii) 
of that subparagraph. 
(2) ANNUAL CHARGES PAYABLE BY LICENSEE.— 
(A) IN GENERAL.—Subject to subparagraph 
(B), any lease of power privilege issued by the 
Secretary for a project under subsection (b) shall 
contain conditions that require the lessee of the 
project to make direct payments to the Tribes
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through reasonable annual charges in an amount 
that recompenses the Tribes for any adverse eco-
nomic effect of the project identified in a study 
performed pursuant to the study plan agreement 
for the project. 
(B) AGREEMENT.— 
(i) IN GENERAL.—The amount of the 
annual charges described in subparagraph 
(A) shall be established through agreement 
between the proposed lessee and the Tribes. 
(ii) CONDITION.—The agreement under 
clause (i), including any modification of the 
agreement, shall be deemed to be a condition 
to the lease of power privilege issued by the 
Secretary for a project under subsection (b). 
(C) DISPUTE RESOLUTION.— 
(i) IN GENERAL.—If the proposed lessee 
and the Tribes cannot agree to the terms of 
an agreement under subparagraph (B)(i), 
the proposed lessee and the Tribes shall sub-
mit notice of the dispute to the Director. 
(ii) RESOLUTION.—The Director shall 
resolve the dispute described in clause (i) 
not later than 180 days after the date on
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which the Director receives notice of the dis-
pute under that clause. 
(3) ADDITIONAL
CONDITIONS.—The Secretary 
may include in any lease of power privilege issued by 
the Secretary for a project under subsection (b) other 
conditions determined appropriate by the Secretary, 
on the condition that the conditions shall be con-
sistent with the Reclamation Project Act of 1939 (43 
U.S.C. 485 et seq.). 
(4) CONSULTATION.—In establishing conditions 
under this subsection, the Secretary shall consult with 
the Tribes. 
(f) DEADLINES.—The Secretary or any officer of the 
Office of Hearing and Appeals before whom a proceeding 
is pending under this section may extend any deadline or 
enlarge any timeframe described in this section— 
(1) at the discretion of the Secretary or the offi-
cer; or 
(2) on a showing of good cause by any party. 
(g) JUDICIAL REVIEW.—Any final action of the Sec-
retary or the Director made pursuant to this section shall 
be subject to judicial review in accordance with chapter 7 
of title 5, United States Code. 
(h) EFFECT ON OTHER PROJECTS.—Nothing in this 
section establishes any precedent or is binding on any Bu-
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† HR 3684 EAS 
reau of Reclamation lease of power privilege, other than for 
a project. 
Subtitle E—Miscellaneous 
SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT 
AND FORMER MINE LAND. 
Section 3004 of the Energy Act of 2020 (42 U.S.C. 
16238) is amended— 
(1) in subsection (a)— 
(A) 
by 
redesignating 
paragraphs 
(6) 
through (15) as paragraphs (7) through (16), re-
spectively; and 
(B) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) 
MINE
LAND.—The 
term 
‘mine 
land’ 
means— 
‘‘(A) land subject to titles IV and V of the 
Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et 
seq.); and 
‘‘(B) land that has been claimed or patented 
subject to sections 2319 through 2344 of the Re-
vised Statutes (commonly known as the ‘Mining 
Law of 1872’) (30 U.S.C. 22 et seq.).’’; and 
(2) in subsection (b)(6)(B)—
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(A) in the matter preceding clause (i), by 
inserting ‘‘, in consultation with the Secretary of 
the Interior and the Administrator of the Envi-
ronmental Protection Agency for purposes of 
clause (iv),’’ after ‘‘the Secretary’’; 
(B) in clause (iii), by striking ‘‘and’’ after 
the semicolon; 
(C) by redesignating clause (iv) as clause 
(v); and 
(D) by inserting after clause (iii) the fol-
lowing: 
‘‘(iv) a description of the technical and 
economic viability of siting solar energy 
technologies on current and former mine 
land, including necessary interconnection 
and transmission siting and the impact on 
local job creation; and’’. 
SEC. 40342. CLEAN ENERGY DEMONSTRATION PROGRAM ON 
CURRENT AND FORMER MINE LAND. 
(a) DEFINITIONS.—In this section: 
(1) CLEAN ENERGY PROJECT.—The term ‘‘clean 
energy project’’ means a project that demonstrates 1 
or more of the following technologies: 
(A) Solar. 
(B) Micro-grids.
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(C) Geothermal. 
(D) Direct air capture. 
(E) Fossil-fueled electricity generation with 
carbon capture, utilization, and sequestration. 
(F) Energy storage, including pumped stor-
age hydropower and compressed air storage. 
(G) Advanced nuclear technologies. 
(2) ECONOMICALLY
DISTRESSED
AREA.—The 
term ‘‘economically distressed area’’ means an area 
described in section 301(a) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 
3161(a)). 
(3) 
MINE
LAND.—The 
term 
‘‘mine 
land’’ 
means— 
(A) land subject to titles IV and V of the 
Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et 
seq.); and 
(B) land that has been claimed or patented 
subject to sections 2319 through 2344 of the Re-
vised Statutes (commonly known as the ‘‘Mining 
Law of 1872’’) (30 U.S.C. 22 et seq.). 
(4) PROGRAM.—The term ‘‘program’’ means the 
demonstration program established under subsection 
(b).
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(b) ESTABLISHMENT.—The Secretary shall establish a 
program to demonstrate the technical and economic viabil-
ity of carrying out clean energy projects on current and 
former mine land. 
(c) SELECTION OF DEMONSTRATION PROJECTS.— 
(1) IN GENERAL.—In carrying out the program, 
the Secretary shall select not more than 5 clean en-
ergy projects, to be carried out in geographically di-
verse regions, at least 2 of which shall be solar 
projects. 
(2) ELIGIBILITY.—To be eligible to be selected for 
participation in the program under paragraph (1), a 
clean energy project shall demonstrate, as determined 
by the Secretary, a technology on a current or former 
mine land site with a reasonable expectation of com-
mercial viability. 
(3) PRIORITY.—In selecting clean energy projects 
for participation in the program under paragraph 
(1), the Secretary shall prioritize clean energy 
projects that will— 
(A) be carried out in a location where the 
greatest number of jobs can be created from the 
successful demonstration of the clean energy 
project;
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† HR 3684 EAS 
(B) provide the greatest net impact in 
avoiding or reducing greenhouse gas emissions; 
(C) provide the greatest domestic job cre-
ation (both directly and indirectly) during the 
implementation of the clean energy project; 
(D) provide the greatest job creation and 
economic development in the vicinity of the clean 
energy project, particularly— 
(i) in economically distressed areas; 
and 
(ii) with respect to dislocated workers 
who were previously employed in manufac-
turing, coal power plants, or coal mining; 
(E) have the greatest potential for techno-
logical innovation and commercial deployment; 
(F) have the lowest levelized cost of gen-
erated or stored energy; 
(G) have the lowest rate of greenhouse gas 
emissions per unit of electricity generated or 
stored; and 
(H) have the shortest project time from per-
mitting to completion. 
(4) PROJECT SELECTION.—The Secretary shall 
solicit proposals for clean energy projects and select 
clean energy project finalists in consultation with the
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Secretary of the Interior, the Administrator of the 
Environmental Protection Agency, and the Secretary 
of Labor. 
(5) 
COMPATIBILITY
WITH
EXISTING
OPER-
ATIONS.—Prior to selecting a clean energy project for 
participation in the program under paragraph (1), 
the Secretary shall consult with, as applicable, min-
ing claimholders or operators or the relevant Office of 
Surface Mining Reclamation and Enforcement Aban-
doned Mine Land program office to confirm— 
(A) that the proposed project is compatible 
with any current mining, exploration, or rec-
lamation activities; and 
(B) the valid existing rights of any mining 
claimholders or operators. 
(d) CONSULTATION.—The Secretary shall consult with 
the Director of the Office of Surface Mining Reclamation 
and Enforcement and the Administrator of the Environ-
mental Protection Agency, acting through the Office of 
Brownfields and Land Revitalization, to determine whether 
it is necessary to promulgate regulations or issue guidance 
in order to prioritize and expedite the siting of clean energy 
projects on current and former mine land sites. 
(e) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to project applicants selected
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for participation in the program under subsection (c) to 
assess the needed interconnection, transmission, and other 
grid components and permitting and siting necessary to 
interconnect, on current and former mine land where the 
project will be sited, any generation or storage with the elec-
tric grid. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $500,000,000 for the period of fiscal years 2022 
through 2026. 
SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR 
ENERGY AND RELATED PURPOSES ON THE 
OUTER CONTINENTAL SHELF. 
Section 8(p)(1)(C) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(p)(1)(C)) is amended by insert-
ing ‘‘storage,’’ before ‘‘or transmission’’. 
TITLE 
IV—ENABLING 
ENERGY 
INFRASTRUCTURE 
INVEST-
MENT AND DATA COLLECTION 
Subtitle A—Department of Energy 
Loan Program 
SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS. 
(a) TITLE XVII INNOVATIVE ENERGY LOAN GUAR-
ANTEE PROGRAM.—
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† HR 3684 EAS 
(1) REASONABLE PROSPECT OF REPAYMENT.— 
Section 1702(d)(1) of the Energy Policy Act of 2005 
(42 U.S.C. 16512(d)(1)) is amended— 
(A) by striking the paragraph designation 
and heading and all that follows through ‘‘No 
guarantee’’ and inserting the following: 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—No guarantee’’; and 
(B) by adding at the end the following: 
‘‘(B) REASONABLE
PROSPECT
OF
REPAY-
MENT.—The Secretary shall base a determina-
tion of whether there is reasonable prospect of re-
payment under subparagraph (A) on a com-
prehensive evaluation of whether the borrower 
has a reasonable prospect of repaying the guar-
anteed obligation for the eligible project, includ-
ing, as applicable, an evaluation of— 
‘‘(i) the strength of the contractual 
terms of the eligible project (if commercially 
reasonably available); 
‘‘(ii) the forecast of noncontractual 
cash flows supported by market projections 
from reputable sources, as determined by the 
Secretary;
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† HR 3684 EAS 
‘‘(iii) cash sweeps and other structure 
enhancements; 
‘‘(iv) the projected financial strength of 
the borrower— 
‘‘(I) at the time of loan close; and 
‘‘(II) throughout the loan term 
after the project is completed; 
‘‘(v) the financial strength of the inves-
tors and strategic partners of the borrower, 
if applicable; and 
‘‘(vi) other financial metrics and anal-
yses that are relied on by the private lend-
ing community and nationally recognized 
credit rating agencies, as determined appro-
priate by the Secretary.’’. 
(2) LOAN GUARANTEES FOR PROJECTS THAT IN-
CREASE THE DOMESTICALLY PRODUCED SUPPLY OF 
CRITICAL MINERALS.— 
(A) IN GENERAL.—Section 1703(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16513(b)) 
is amended by adding at the end the following: 
‘‘(13) Projects that increase the domestically pro-
duced supply of critical minerals (as defined in sec-
tion 7002(a) of the Energy Act of 2020 (30 U.S.C. 
1606(a)), including through the production, proc-
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† HR 3684 EAS 
essing, manufacturing, recycling, or fabrication of 
mineral alternatives.’’. 
(B) PROHIBITION ON USE OF PREVIOUSLY 
APPROPRIATED FUNDS.—Amounts appropriated 
to the Department of Energy before the date of 
enactment of this Act shall not be made available 
for the cost of loan guarantees made under para-
graph (13) of section 1703(b) of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16513(b)). 
(C) PROHIBITION ON USE OF PREVIOUSLY 
AVAILABLE COMMITMENT AUTHORITY.—Amounts 
made available to the Department of Energy for 
commitments to guarantee loans under section 
1703 of the Energy Policy Act of 2005 (42 
U.S.C. 16513) before the date of enactment of 
this Act shall not be made available for commit-
ments to guarantee loans for projects described 
in paragraph (13) of section 1703(b) of the En-
ergy Policy Act of 2005 (42 U.S.C. 16513(b)). 
(3) CONFLICTS OF INTEREST.—Section 1702 of 
the Energy Policy Act of 2005 (42 U.S.C. 16512) is 
amended by adding at the end the following: 
‘‘(r) CONFLICTS OF INTEREST.—For each project se-
lected for a guarantee under this title, the Secretary shall
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† HR 3684 EAS 
certify that political influence did not impact the selection 
of the project.’’. 
(b) ADVANCED
TECHNOLOGY
VEHICLE
MANUFAC-
TURING.— 
(1) ELIGIBILITY.—Section 136(a)(1) of the En-
ergy Independence and Security Act of 2007 (42 
U.S.C. 17013(a)(1)) is amended— 
(A) in subparagraph (C), by striking the 
period at the end and inserting a semicolon; 
(B) by redesignating subparagraphs (A) 
through (C) as clauses (i) through (iii), respec-
tively, and indenting appropriately; 
(C) in the matter preceding clause (i) (as so 
redesignated), by striking ‘‘means an ultra’’ and 
inserting the following: ‘‘means— 
‘‘(A) an ultra’’; and 
(D) by adding at the end the following: 
‘‘(B) a medium duty vehicle or a heavy 
duty vehicle that exceeds 125 percent of the 
greenhouse gas emissions and fuel efficiency 
standards established by the final rule of the En-
vironmental Protection Agency entitled ‘Green-
house Gas Emissions and Fuel Efficiency Stand-
ards for Medium- and Heavy-Duty Engines and
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† HR 3684 EAS 
Vehicles—Phase 2’ (81 Fed. Reg. 73478 (October 
25, 2016)); 
‘‘(C) a train or locomotive; 
‘‘(D) a maritime vessel; 
‘‘(E) an aircraft; and 
‘‘(F) hyperloop technology.’’. 
(2) REASONABLE PROSPECT OF REPAYMENT.— 
Section 136(d) of the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17013(d)) is amended— 
(A) by striking paragraph (3) and inserting 
the following: 
‘‘(3) SELECTION OF ELIGIBLE PROJECTS.— 
‘‘(A) IN GENERAL.—The Secretary shall se-
lect eligible projects to receive loans under this 
subsection if the Secretary determines that— 
‘‘(i) the loan recipient— 
‘‘(I) has a reasonable prospect of 
repaying the principal and interest on 
the loan; 
‘‘(II) will provide sufficient infor-
mation to the Secretary for the Sec-
retary to ensure that the qualified in-
vestment is expended efficiently and ef-
fectively; and
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‘‘(III) has met such other criteria 
as may be established and published by 
the Secretary; and 
‘‘(ii) the amount of the loan (when 
combined with amounts available to the 
loan recipient from other sources) will be 
sufficient to carry out the project. 
‘‘(B) REASONABLE
PROSPECT
OF
REPAY-
MENT.—The Secretary shall base a determina-
tion of whether there is a reasonable prospect of 
repayment of the principal and interest on a 
loan under subparagraph (A)(i)(I) on a com-
prehensive evaluation of whether the loan recipi-
ent has a reasonable prospect of repaying the 
principal and interest, including, as applicable, 
an evaluation of— 
‘‘(i) the strength of the contractual 
terms of the eligible project (if commercially 
reasonably available); 
‘‘(ii) the forecast of noncontractual 
cash flows supported by market projections 
from reputable sources, as determined by the 
Secretary; 
‘‘(iii) cash sweeps and other structure 
enhancements;
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† HR 3684 EAS 
‘‘(iv) the projected financial strength of 
the loan recipient— 
‘‘(I) at the time of loan close; and 
‘‘(II) throughout the loan term 
after the project is completed; 
‘‘(v) the financial strength of the inves-
tors and strategic partners of the loan re-
cipient, if applicable; and 
‘‘(vi) other financial metrics and anal-
yses that are relied on by the private lend-
ing community and nationally recognized 
credit rating agencies, as determined appro-
priate by the Secretary.’’; and 
(B) in paragraph (4)— 
(i) in subparagraph (C), by striking 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(E) shall be subject to the condition that 
the loan is not subordinate to other financing.’’.
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† HR 3684 EAS 
‘‘(k) OUTREACH.—In carrying out this section, the 
Secretary shall— 
‘‘(1) provide assistance with the completion of 
applications for awards or loans under this section; 
and 
‘‘(2) conduct outreach, including through con-
ferences and online programs, to disseminate infor-
mation on awards and loans under this section to po-
tential applicants. 
‘‘(l) PROHIBITION
ON
USE
OF
APPROPRIATED 
FUNDS.—Amounts appropriated to the Secretary before the 
date of enactment of this subsection shall not be available 
to the Secretary to provide awards under subsection (b) or 
loans under subsection (d) for the costs of activities that 
were not eligible for those awards or loans on the day before 
that date. 
‘‘(m) REPORT.—Not later than 2 years after the date 
of enactment of this subsection, and every 3 years thereafter, 
the Secretary shall submit to Congress a report on the status 
of projects supported by a loan under this section, includ-
ing— 
‘‘(1) a list of projects receiving a loan under this 
section, including the loan amount and construction 
status of each project;
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† HR 3684 EAS 
‘‘(2) the status of the loan repayment for each 
project, including future repayment projections; 
‘‘(3) data regarding the number of direct and in-
direct jobs retained, restored, or created by financed 
projects; 
‘‘(4) the number of new projects projected to re-
ceive a loan under this section in the next 2 years, 
including the projected aggregate loan amount over 
the next 2 years; 
‘‘(5) evaluation of ongoing compliance with the 
assurances and commitments, and of the predictions, 
made by applicants pursuant to paragraphs (2) and 
(3) of subsection (d); 
‘‘(6) the total number of applications received by 
the Department each year; and 
‘‘(7) any other metrics the Secretary determines 
appropriate.’’. 
(4) CONFLICTS OF INTEREST.—Section 136(d) of 
the Energy Independence and Security Act of 2007 
(42 U.S.C. 17013(d)) is amended by adding at the 
end the following: 
‘‘(5) CONFLICTS OF INTEREST.—For each eligible 
project selected to receive a loan under this subsection, 
the Secretary shall certify that political influence did 
not impact the selection of the eligible project.’’.
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† HR 3684 EAS 
(c) STATE LOAN ELIGIBILITY.— 
(1) DEFINITIONS.—Section 1701 of the Energy 
Policy Act of 2005 (42 U.S.C. 16511) is amended by 
adding at the end the following: 
‘‘(6) STATE.—The term ‘State’ has the meaning 
given the term in section 202 of the Energy Conserva-
tion and Production Act (42 U.S.C. 6802). 
‘‘(7) STATE ENERGY FINANCING INSTITUTION.— 
‘‘(A) IN GENERAL.—The term ‘State energy 
financing institution’ means a quasi-inde-
pendent entity or an entity within a State agen-
cy or financing authority established by a 
State— 
‘‘(i) to provide financing support or 
credit enhancements, including loan guar-
antees and loan loss reserves, for eligible 
projects; and 
‘‘(ii) to create liquid markets for eligi-
ble projects, including warehousing and 
securitization, or take other steps to reduce 
financial barriers to the deployment of ex-
isting and new eligible projects. 
‘‘(B) INCLUSION.—The term ‘State energy 
financing institution’ includes an entity or orga-
nization established to achieve the purposes de-
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† HR 3684 EAS 
scribed in clauses (i) and (ii) of subparagraph 
(A) by an Indian Tribal entity or an Alaska Na-
tive Corporation.’’. 
(2) TERMS AND CONDITIONS.—Section 1702 of 
the Energy Policy Act of 2005 (42 U.S.C. 16512) is 
amended— 
(A) in subsection (a), by inserting ‘‘, in-
cluding projects receiving financial support or 
credit enhancements from a State energy financ-
ing institution,’’ after ‘‘for projects’’; 
(B) in subsection (d)(1), by inserting ‘‘, in-
cluding a guarantee for a project receiving fi-
nancial support or credit enhancements from a 
State energy financing institution,’’ after ‘‘No 
guarantee’’; and 
(C) by adding at the end the following: 
‘‘(r) STATE ENERGY FINANCING INSTITUTIONS.— 
‘‘(1) ELIGIBILITY.—To be eligible for a guar-
antee under this title, a project receiving financial 
support or credit enhancements from a State energy 
financing institution— 
‘‘(A) shall meet the requirements of section 
1703(a)(1); and 
‘‘(B) shall not be required to meet the re-
quirements of section 1703(a)(2).
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† HR 3684 EAS 
‘‘(2) PARTNERSHIPS AUTHORIZED.—In carrying 
out a project receiving a loan guarantee under this 
title, State energy financing institutions may enter 
into partnerships with private entities, Tribal enti-
ties, and Alaska Native corporations. 
‘‘(3) PROHIBITION
ON
USE
OF
APPROPRIATED 
FUNDS.—Amounts appropriated to the Department of 
Energy before the date of enactment of this subsection 
shall not be available to be used for the cost of loan 
guarantees for projects receiving financing support or 
credit enhancements under this subsection.’’. 
(d) LOAN GUARANTEES FOR CERTAIN ALASKA NAT-
URAL GAS TRANSPORTATION PROJECTS AND SYSTEMS.— 
Section 116 of the Alaska Natural Gas Pipeline Act (15 
U.S.C. 720n) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘to West 
Coast States’’; and 
(B) in paragraph (3), in the second sen-
tence, by striking ‘‘to the continental United 
States’’; 
(2) in subsection (b)(1), in the first sentence, by 
striking ‘‘to West Coast States’’; and 
(3) in subsection (g)(4)—
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† HR 3684 EAS 
(A) by inserting by striking ‘‘plants 
liquification plants and’’ and inserting ‘‘plants, 
liquification plants, and’’; 
(B) by striking ‘‘to the West Coast’’; and 
(C) by striking ‘‘to the continental United 
States’’. 
Subtitle B—Energy Information 
Administration 
SEC. 40411. DEFINITIONS. 
In this subtitle: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Energy Infor-
mation Administration. 
(2) ANNUAL CRITICAL MINERALS OUTLOOK.—The 
term ‘‘Annual Critical Minerals Outlook’’ means the 
Annual Critical Minerals Outlook prepared under 
section 7002(j)(1)(B) of the Energy Act of 2020 (30 
U.S.C. 1606(j)(1)(B)). 
(3) CRITICAL
MINERAL.—The term ‘‘critical 
mineral’’ has the meaning given the term in section 
7002(a) of the Energy Act of 2020 (30 U.S.C. 
1606(a)). 
(4) HOUSEHOLD
ENERGY
BURDEN.—The term 
‘‘household energy burden’’ means the quotient ob-
tained by dividing—
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† HR 3684 EAS 
(A) the residential energy expenditures (as 
defined in section 440.3 of title 10, Code of Fed-
eral Regulations (as in effect on the date of en-
actment of this Act)) of the applicable household; 
by 
(B) the annual income of that household. 
(5) HOUSEHOLD WITH A HIGH ENERGY BUR-
DEN.—The term ‘‘household with a high energy bur-
den’’ has the meaning given the term in section 440.3 
of title 10, Code of Federal Regulations (as in effect 
on the date of enactment of this Act). 
(6) LARGE
MANUFACTURING
FACILITY.—The 
term ‘‘large manufacturing facility’’ means a manu-
facturing facility that— 
(A) annually consumes more than 35,000 
megawatt-hours of electricity; or 
(B) has a peak power demand of more than 
10 megawatts. 
(7) LOAD-SERVING
ENTITY.—The term ‘‘load- 
serving entity’’ has the meaning given the term in 
section 217(a) of the Federal Power Act (16 U.S.C. 
824q(a)). 
(8) MISCELLANEOUS ELECTRIC LOAD.—The term 
‘‘miscellaneous electric load’’ means electricity that— 
(A) is used by an appliance or device—
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† HR 3684 EAS 
(i) within a building; or 
(ii) to serve a building; and 
(B) is not used for heating, ventilation, air 
conditioning, lighting, water heating, or refrig-
eration. 
(9) REGIONAL TRANSMISSION ORGANIZATION.— 
The term ‘‘Regional Transmission Organization’’ has 
the meaning given the term in section 3 of the Federal 
Power Act (16 U.S.C. 796). 
(10) RURAL AREA.—The term ‘‘rural area’’ has 
the meaning given the term in section 609(a) of the 
Public Utility Regulatory Policies Act of 1978 (7 
U.S.C. 918c(a)). 
SEC. 40412. DATA COLLECTION IN THE ELECTRICITY SEC-
TOR. 
(a) DASHBOARD.— 
(1) ESTABLISHMENT.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Ad-
ministrator shall establish an online database to 
track the operation of the bulk power system in 
the contiguous 48 States (referred to in this sec-
tion as the ‘‘Dashboard’’). 
(B) IMPROVEMENT
OF
EXISTING
DASH-
BOARD.—The Dashboard may be established
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† HR 3684 EAS 
through the improvement, in accordance with 
this subsection, of an existing dashboard of the 
Energy Information Administration, such as— 
(i) the U.S. Electric System Operating 
Data dashboard; or 
(ii) the Hourly Electric Grid Monitor. 
(2) EXPANSION.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Ad-
ministrator shall expand the Dashboard to in-
clude, to the maximum extent practicable, hourly 
operating data collected from the electricity bal-
ancing authorities that operate the bulk power 
system in all of the several States, each territory 
of the United States, and the District of Colum-
bia. 
(B) TYPES OF DATA.—The hourly operating 
data collected under subparagraph (A) may in-
clude data relating to— 
(i) total electricity demand; 
(ii) electricity demand by subregion; 
(iii) short-term electricity demand 
forecasts; 
(iv) total electricity generation;
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† HR 3684 EAS 
(v) net electricity generation by fuel 
type, including renewables; 
(vi) electricity stored and discharged; 
(vii) total net electricity interchange; 
(viii) electricity interchange with di-
rectly interconnected balancing authorities; 
and 
(ix) where available, the estimated 
marginal greenhouse gas emissions per 
megawatt hour of electricity generated— 
(I) within the metered boundaries 
of each balancing authority; and 
(II) for each pricing node. 
(b) MIX OF ENERGY SOURCES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall establish, in accordance with section 40419 and 
this subsection and to the extent the Administrator 
determines to be appropriate, a system to harmonize 
the operating data on electricity generation collected 
under subsection (a) with— 
(A) measurements of greenhouse gas and 
other pollutant emissions collected by the Envi-
ronmental Protection Agency;
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† HR 3684 EAS 
(B) other data collected by the Environ-
mental Protection Agency or other relevant Fed-
eral agencies, as the Administrator determines to 
be appropriate; and 
(C) data collected by State or regional en-
ergy credit registries. 
(2) OUTCOMES.—The system established under 
paragraph (1) shall result in an integrated dataset 
that includes, for any given time— 
(A) the net generation of electricity by 
megawatt hour within the metered boundaries of 
each balancing authority; and 
(B) where available, the average and mar-
ginal greenhouse gas emissions by megawatt 
hour of electricity generated within the metered 
boundaries of each balancing authority. 
(3) REAL-TIME
DATA
DISSEMINATION.—To the 
maximum extent practicable, the system established 
under paragraph (1) shall disseminate data— 
(A) on a real-time basis; and 
(B) through an application programming 
interface that is publicly accessible. 
(4) COMPLEMENTARY EFFORTS.—The system es-
tablished under paragraph (1) shall complement any 
existing data dissemination efforts of the Adminis-
1619 
† HR 3684 EAS 
trator that make use of electricity generation data, 
such as electricity demand by subregion and elec-
tricity interchange with directly interconnected bal-
ancing authorities. 
(c) OBSERVED CHARACTERISTICS OF BULK POWER 
SYSTEM RESOURCE INTEGRATION.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall establish a system to provide to the public time-
ly data on the integration of energy resources into the 
bulk power system and the electric distribution grids 
in the United States, and the observed effects of that 
integration. 
(2) REQUIREMENTS.—In carrying out para-
graph (1), the Administrator shall seek to improve the 
temporal and spatial resolution of data relating to 
how grid operations are changing, such as through— 
(A) thermal generator cycling to accommo-
date intermittent generation; 
(B) generation unit self-scheduling prac-
tices; 
(C) renewable source curtailment; 
(D) utility-scale storage; 
(E) load response;
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† HR 3684 EAS 
(F) aggregations of distributed energy re-
sources at the distribution system level; 
(G) power interchange between directly con-
nected balancing authorities; 
(H) expanding Regional Transmission Or-
ganization balancing authorities; 
(I) improvements in real-time— 
(i) accuracy of locational marginal 
prices; and 
(ii) signals to flexible demand; and 
(J) disruptions to grid operations, includ-
ing disruptions caused by cyber sources, physical 
sources, extreme weather events, or other sources. 
(d) DISTRIBUTION SYSTEM OPERATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall establish a system to provide to the public time-
ly data on the operations of load-serving entities in 
the electricity grids of the United States. 
(2) REQUIREMENTS.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall— 
(i) not less frequently than annually, 
provide data on—
1621 
† HR 3684 EAS 
(I) the delivered generation re-
source mix for each load-serving entity; 
and 
(II) the distributed energy re-
sources operating within each service 
area of a load-serving entity; 
(ii) harmonize the data on delivered 
generation resource mix described in clause 
(i)(I) with measurements of greenhouse gas 
emissions collected by the Environmental 
Protection Agency; 
(iii) to the maximum extent prac-
ticable, disseminate the data described in 
clause (i)(I) and the harmonized data de-
scribed in clause (ii) on a real-time basis; 
and 
(iv) provide historical data, beginning 
with the earliest calendar year practicable, 
but not later than calendar year 2020, on 
the delivered generation resource mix de-
scribed in clause (i)(I). 
(B) DATA ON THE DELIVERED GENERATION 
RESOURCE MIX.—In collecting the data described 
in subparagraph (A)(i)(I), the Administrator 
shall—
1622 
† HR 3684 EAS 
(i) use existing voluntary industry 
methodologies, including reporting proto-
cols, databases, and emissions and energy 
use tracking software that provide con-
sistent, timely, and accessible carbon emis-
sions intensity rates for delivered electricity; 
(ii) consider that generation and 
transmission entities may provide data on 
behalf of load-serving entities; 
(iii) to the extent that the Adminis-
trator determines necessary, and in a man-
ner designed to protect confidential infor-
mation, require each load-serving entity to 
submit additional information as needed to 
determine the delivered generation resource 
mix of the load-serving entity, including fi-
nancial or contractual agreements for power 
and generation resource type attributes with 
respect to power owned by or retired by the 
load-serving entity; and 
(iv) for any portion of the generation 
resource mix of a load-serving entity that is 
otherwise unaccounted for, develop a meth-
odology to assign to the load-serving entity 
a share of the otherwise unaccounted for re-
1623 
† HR 3684 EAS 
source mix of the relevant balancing author-
ity. 
SEC. 40413. EXPANSION OF ENERGY CONSUMPTION SUR-
VEYS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Administrator shall im-
plement measures to expand the Manufacturing Energy 
Consumption Survey, the Commercial Building Energy 
Consumption Survey, and the Residential Energy Con-
sumption Survey to include data on energy end use in order 
to facilitate the identification of— 
(1) opportunities to improve energy efficiency 
and energy productivity; 
(2) changing patterns of energy use; and 
(3) opportunities to better understand and man-
age miscellaneous electric loads. 
(b) REQUIREMENTS.— 
(1) IN
GENERAL.—In carrying out subsection 
(a), the Administrator shall— 
(A) increase the scope and frequency of data 
collection on energy end uses and services; 
(B) use new data collection methods and 
tools in order to obtain more comprehensive data 
and reduce the burden on survey respondents, in-
cluding by—
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† HR 3684 EAS 
(i) 
accessing 
other 
existing 
data 
sources; and 
(ii) if feasible, developing online and 
real-time reporting systems; 
(C) identify and report community-level 
economic and environmental impacts, including 
with respect to— 
(i) the reliability and security of the 
energy supply; and 
(ii) local areas with households with a 
high energy burden; and 
(D) improve the presentation of data, in-
cluding by— 
(i) enabling the presentation of data in 
an interactive cartographic format on a na-
tional, regional, State, and local level with 
the functionality of viewing various eco-
nomic, energy, and demographic measures 
on an individual basis or in combination; 
and 
(ii) incorporating the results of the 
data collection, methods, and tools described 
in subparagraphs (A) and (B) into existing 
and new digital distribution methods.
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† HR 3684 EAS 
(2) MANUFACTURING
ENERGY
CONSUMPTION 
SURVEY.—With respect to the Manufacturing Energy 
Consumption Survey, the Administrator shall— 
(A) implement measures to provide more 
detailed representations of data by region; 
(B) for large manufacturing facilities, break 
out process heat use by required process tempera-
tures in order to facilitate the identification of 
opportunities for cost reductions and energy effi-
ciency or energy productivity improvements; 
(C) collect information on— 
(i) energy source-switching capabili-
ties, especially with respect to thermal proc-
esses and the efficiency of thermal processes; 
(ii) the use of electricity, biofuels, hy-
drogen, or other alternative fuels to produce 
process heat; and 
(iii) the use of demand response; and 
(D) identify current and potential future 
industrial clusters in which multiple firms and 
facilities in a defined geographic area share the 
costs and benefits of infrastructure for clean 
manufacturing, such as—
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† HR 3684 EAS 
(i) hydrogen generation, production, 
transport, use, and storage infrastructure; 
and 
(ii) carbon dioxide capture, transport, 
use, and storage infrastructure. 
(3) RESIDENTIAL
ENERGY
CONSUMPTION
SUR-
VEY.—With respect to the Residential Energy Con-
sumption Survey, the Administrator shall— 
(A) implement measures to provide more 
detailed representations of data by— 
(i) geographic area, including by State 
(for each State); 
(ii) building type, including multi- 
family buildings; 
(iii) household income; 
(iv) location in a rural area; and 
(v) other demographic characteristics, 
as determined by the Administrator; and 
(B) report measures of— 
(i) household electrical service capac-
ity; 
(ii) access to utility demand-side man-
agement programs and bill credits;
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† HR 3684 EAS 
(iii) characteristics of the energy mix 
used to generate electricity in different re-
gions; and 
(iv) the household energy burden for 
households— 
(I) in different geographic areas; 
(II) by electricity, heating, and 
other end-uses; and 
(III) with different demographic 
characteristics that correlate with in-
creased household energy burden, in-
cluding— 
(aa) having a low household 
income; 
(bb) being a minority house-
hold; 
(cc) residing in manufac-
tured or multifamily housing; 
(dd) being in a fixed or re-
tirement income household; 
(ee) residing in rental hous-
ing; and 
(ff) other factors, as deter-
mined by the Administrator.
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SEC. 40414. DATA COLLECTION ON ELECTRIC VEHICLE IN-
TEGRATION WITH THE ELECTRICITY GRIDS. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall develop 
and implement measures to expand data collection with re-
spect to electric vehicle integration with the electricity grids. 
(b) SOURCES OF DATA.—The sources of the data col-
lected pursuant to subsection (a) may include— 
(1) host-owned or charging-network-owned elec-
tric vehicle charging stations; 
(2) aggregators of charging-network electricity 
demand; 
(3) electric utilities offering managed-charging 
programs; 
(4) individual, corporate, or public owners of 
electric vehicles; and 
(5) balancing authority analyses of— 
(A) transformer loading congestion; and 
(B) distribution-system congestion. 
(c) CONSULTATION AND COORDINATION.—In carrying 
out subsection (a), the Administrator may consult and enter 
into agreements with other institutions having relevant 
data and data collection capabilities, such as— 
(1) the Secretary of Transportation; 
(2) the Secretary;
1629 
† HR 3684 EAS 
(3) the Administrator of the Environmental Pro-
tection Agency; 
(4) States or State agencies; and 
(5) private entities. 
SEC. 40415. PLAN FOR THE MODELING AND FORECASTING 
OF DEMAND FOR MINERALS USED IN THE EN-
ERGY SECTOR. 
(a) PLAN.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Administrator, 
in coordination with the Director of the United States 
Geological Survey, shall develop a plan for the mod-
eling and forecasting of demand for energy tech-
nologies, including for energy production, trans-
mission, or storage purposes, that use minerals that 
are or could be designated as critical minerals. 
(2) INCLUSIONS.—The plan developed under 
paragraph (1) shall identify— 
(A) the type and quantity of minerals con-
sumed, delineated by energy technology; 
(B) existing markets for manufactured en-
ergy-producing, energy-transmission, and en-
ergy-storing equipment; and 
(C) emerging or potential markets for new 
energy-producing, energy-transmission, and en-
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† HR 3684 EAS 
ergy-storing technologies entering commercializa-
tion. 
(b) METRICS.—The plan developed under subsection 
(a)(1) shall produce forecasts of energy technology de-
mand— 
(1) over the 1-year, 5-year, and 10-year periods 
beginning on the date on which development of the 
plan is completed; 
(2) by economic sector; and 
(3) according to any other parameters that the 
Administrator, in collaboration with the Secretary of 
the Interior, acting through the Director of the United 
States Geological Survey, determines are needed for 
the Annual Critical Minerals Outlook. 
(c) COLLABORATION.—The Administrator shall de-
velop the plan under subsection (a)(1) in consultation 
with— 
(1) the Secretary with respect to the possible tra-
jectories of emerging energy-producing and energy- 
storing technologies; and 
(2) the Secretary of the Interior, acting through 
the Director of the United States Geological Survey— 
(A) to ensure coordination; 
(B) to avoid duplicative effort; and
1631 
† HR 3684 EAS 
(C) to align the analysis of demand with 
data and analysis of where the minerals are pro-
duced, refined, and subsequently processed into 
materials and parts that are used to build en-
ergy technologies. 
SEC. 40416. EXPANSION OF INTERNATIONAL ENERGY DATA. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall implement 
measures to expand and improve the international energy 
data resources of the Energy Information Administration 
in order to understand— 
(1) the production and use of energy in various 
countries; 
(2) changing patterns of energy use internation-
ally; 
(3) the relative costs and environmental impacts 
of energy production and use internationally; and 
(4) plans for or construction of major energy fa-
cilities or infrastructure. 
(b) REQUIREMENTS.—In carrying out subsection (a), 
the Administrator shall— 
(1) work with, and leverage the data resources of, 
the International Energy Agency;
1632 
† HR 3684 EAS 
(2) include detail on energy consumption by fuel, 
economic sector, and end use within countries for 
which data are available; 
(3) collect relevant measures of energy use, in-
cluding— 
(A) cost; and 
(B) emissions intensity; and 
(4) provide tools that allow for straightforward 
country-to-country comparisons of energy production 
and consumption across economic sectors and end 
uses. 
SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING 
SYSTEM. 
Not later than 180 days after the date of enactment 
of this Act, the Administrator shall develop a plan to iden-
tify any need or opportunity to update or further the capa-
bilities of the National Energy Modeling System, including 
with respect to— 
(1) treating energy demand endogenously; 
(2) increased natural gas usage and increased 
market penetration of renewable energy; 
(3) flexible operating modes of nuclear power 
plants, such as load following and frequency control; 
(4) tools to model multiple-output energy systems 
that provide hydrogen, high-value heat, electricity,
1633 
† HR 3684 EAS 
and chemical synthesis services, including inter-
actions of those energy systems with the electricity 
grids, pipeline networks, and the broader economy; 
(5) demand response and improved representa-
tion of energy storage, including long-duration stor-
age, in capacity expansion models; 
(6) electrification, particularly with respect to 
the transportation, industrial, and buildings sectors; 
(7) increasing model resolution to represent all 
hours of the year and all electricity generators; 
(8) wholesale electricity market design and the 
appropriate valuation of all services that support the 
reliability of electricity grids, such as— 
(A) battery storage; and 
(B) synthetic inertia from grid-tied invert-
ers; 
(9) economic modeling of the role of energy effi-
ciency, demand response, electricity storage, and a 
variety of distributed generation technologies; 
(10) the production, transport, use, and storage 
of carbon dioxide, hydrogen, and hydrogen carriers; 
(11) greater flexibility in— 
(A) the modeling of the environmental im-
pacts of electricity systems, such as—
1634 
† HR 3684 EAS 
(i) emissions of greenhouse gases and 
other pollutants; and 
(ii) the use of land and water re-
sources; and 
(B) the ability to support climate modeling, 
such as the climate modeling performed by the 
Office of Biological and Environmental Research 
in the Office of Science of the Department; 
(12) technologies that are in an early stage of 
commercial deployment and have been identified by 
the Secretary as candidates for large-scale demonstra-
tion projects, such as— 
(A) carbon capture, transport, use, and 
storage from any source or economic sector; 
(B) direct air capture; 
(C) hydrogen production, including via elec-
trolysis; 
(D) synthetic and biogenic hydrocarbon liq-
uid and gaseous fuels; 
(E) supercritical carbon dioxide combustion 
turbines; 
(F) industrial fuel cell and hydrogen com-
bustion equipment; and 
(G) industrial electric boilers;
1635 
† HR 3684 EAS 
(13) increased and improved data sources and 
tools, including— 
(A) the establishment of technology and cost 
baselines, including technology learning rates; 
(B) economic and employment impacts of 
energy system policies and energy prices on 
households, as a function of household income 
and region; and 
(C) the use of behavioral economics to in-
form demand modeling in all sectors; and 
(14) striving to migrate toward a single, con-
sistent, and open-source modeling platform, and in-
creasing open access to model systems, data, and out-
comes, for— 
(A) disseminating reference scenarios that 
can be transparently and broadly replicated; and 
(B) promoting the development of the re-
searcher and analyst workforce needed to con-
tinue the development and validation of im-
proved energy system models in the future. 
SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN 
THE ELECTRICITY SECTOR. 
Not later than 270 days after the date of enactment 
of this Act, the Administrator shall submit to Congress a 
report on—
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† HR 3684 EAS 
(1) the potential use of levelized cost of carbon 
abatement or a similar metric in analyzing genera-
tors of electricity, including an identification of limi-
tations and appropriate uses of the metric; 
(2) the feasibility and impact of incorporating 
levelized cost of carbon abatement in long-term fore-
casts— 
(A) to compare technical approaches and 
understand real-time changes in fossil-fuel and 
nuclear dispatch; 
(B) to compare the system-level costs of 
technology options to reduce emissions; and 
(C) to compare the costs of policy options, 
including current policies, regarding valid and 
verifiable reductions and removals of carbon; and 
(3)(A) a potential process to measure carbon di-
oxide emissions intensity per unit of output produc-
tion for a range of— 
(i) energy sources; 
(ii) sectors; and 
(iii) geographic regions; and 
(B) a corresponding process to provide an 
empirical framework for reporting the status and 
costs of carbon dioxide reduction relative to spec-
ified goals.
1637 
† HR 3684 EAS 
SEC. 40419. HARMONIZATION OF EFFORTS AND DATA. 
Not later than 1 year after the date of enactment of 
this Act, the Administrator shall establish a system to har-
monize, to the maximum extent practicable and consistent 
with data integrity— 
(1) the data collection efforts of the Adminis-
trator, including any data collection required under 
this subtitle, with the data collection efforts of— 
(A) the Environmental Protection Agency, 
as the Administrator determines to be appro-
priate; 
(B) other relevant Federal agencies, as the 
Administrator determines to be appropriate; and 
(C) State or regional energy credit reg-
istries, as the Administrator determines to be ap-
propriate; 
(2) the data collected under this subtitle, includ-
ing the operating data on electricity generation col-
lected under section 40412(a), with data collected by 
the entities described in subparagraphs (A) through 
(C) of paragraph (1), including any measurements of 
greenhouse gas and other pollutant emissions collected 
by the Environmental Protection Agency, as the Ad-
ministrator determines to be appropriate; and 
(3) the efforts of the Administrator to identify 
and report relevant impacts, opportunities, and pat-
1638 
† HR 3684 EAS 
terns with respect to energy use, including the identi-
fication of community-level economic and environ-
mental 
impacts 
required 
under 
section 
40413(b)(1)(C), with the efforts of the Environmental 
Protection Agency and other relevant Federal agen-
cies, as determined by the Administrator, to identify 
similar impacts, opportunities, and patterns. 
Subtitle C—Miscellaneous 
SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE 
GREATER ELECTRIFICATION OF THE TRANS-
PORTATION SECTOR. 
(a) IN GENERAL.—Section 111(d) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as 
amended by section 40104(a)(1)) is amended by adding at 
the end the following: 
‘‘(21) 
ELECTRIC
VEHICLE
CHARGING
PRO-
GRAMS.—Each State shall consider measures to pro-
mote greater electrification of the transportation sec-
tor, including the establishment of rates that— 
‘‘(A) promote affordable and equitable elec-
tric vehicle charging options for residential, com-
mercial, and public electric vehicle charging in-
frastructure; 
‘‘(B) improve the customer experience asso-
ciated with electric vehicle charging, including
1639 
† HR 3684 EAS 
by reducing charging times for light-, medium- 
, and heavy-duty vehicles; 
‘‘(C) accelerate third-party investment in 
electric vehicle charging for light-, medium-, and 
heavy-duty vehicles; and 
‘‘(D) appropriately recover the marginal 
costs of delivering electricity to electric vehicles 
and electric vehicle charging infrastructure.’’. 
(b) COMPLIANCE.— 
(1) TIME
LIMITATION.—Section 112(b) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 
2622(b)) 
(as 
amended 
by 
section 
40104(a)(2)(A)) is amended by adding at the end the 
following: 
‘‘(8)(A) Not later than 1 year after the date of 
enactment of this paragraph, each State regulatory 
authority (with respect to each electric utility for 
which the State has ratemaking authority) and each 
nonregulated utility shall commence consideration 
under section 111, or set a hearing date for consider-
ation, with respect to the standard established by 
paragraph (21) of section 111(d). 
‘‘(B) Not later than 2 years after the date 
of enactment of this paragraph, each State regu-
latory authority (with respect to each electric
1640 
† HR 3684 EAS 
utility for which the State has ratemaking au-
thority), and each nonregulated electric utility 
shall complete the consideration and make the 
determination under section 111 with respect to 
the standard established by paragraph (21) of 
section 111(d).’’. 
(2) FAILURE TO COMPLY.—Section 112(c) of the 
Public Utility Regulatory Policies Act of 1978 (16 
U.S.C. 
2622(c)) 
(as 
amended 
by 
section 
40104(a)(2)(B)(i)) is amended by adding at the end 
the following: ‘‘In the case of the standard established 
by paragraph (21) of section 111(d), the reference 
contained in this subsection to the date of enactment 
of this Act shall be deemed to be a reference to the 
date of enactment of that paragraph (21).’’. 
(3) PRIOR STATE ACTIONS.— 
(A) IN GENERAL.—Section 112 of the Public 
Utility Regulatory Policies Act of 1978 (16 
U.S.C. 
2622) 
(as 
amended 
by 
section 
40104(a)(2)(C)(i)) is amended by adding at the 
end the following: 
‘‘(h) OTHER PRIOR STATE ACTIONS.—Subsections (b) 
and (c) shall not apply to the standard established by para-
graph (21) of section 111(d) in the case of any electric util-
1641 
† HR 3684 EAS 
ity in a State if, before the date of enactment of this sub-
section— 
‘‘(1) the State has implemented for the electric 
utility the standard (or a comparable standard); 
‘‘(2) the State regulatory authority for the State 
or the relevant nonregulated electric utility has con-
ducted a proceeding to consider implementation of the 
standard (or a comparable standard) for the electric 
utility; or 
‘‘(3) the State legislature has voted on the imple-
mentation of the standard (or a comparable stand-
ard) for the electric utility during the 3-year period 
ending on that date of enactment.’’. 
(B) CROSS-REFERENCE.—Section 124 of the 
Public Utility Regulatory Policies Act of 1978 
(16 U.S.C. 2634) (as amended by section 
40104(a)(2)(C)(ii)(II)) is amended by adding at 
the end the following: ‘‘In the case of the stand-
ard established by paragraph (21) of section 
111(d), the reference contained in this section to 
the date of enactment of this Act shall be deemed 
to be a reference to the date of enactment of that 
paragraph (21).’’.
1642 
† HR 3684 EAS 
SEC. 40432. OFFICE OF PUBLIC PARTICIPATION. 
Section 319 of the Federal Power Act (16 U.S.C. 825q– 
1) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A), by striking the 
third sentence; and 
(B) in subparagraph (B)— 
(i) by striking the third sentence and 
inserting the following: ‘‘The Director shall 
be compensated at a rate of pay not greater 
than the maximum rate of pay prescribed 
for a senior executive in the Senior Execu-
tive Service under section 5382 of title 5, 
United States Code.’’; and 
(ii) by striking the first sentence; and 
(2) in subsection (b), by striking paragraph (4). 
SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with 
appropriate Federal agencies and relevant stakeholders, 
shall submit to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report that as-
sesses using digital tools and platforms as climate solutions, 
including— 
(1) artificial intelligence and machine learning;
1643 
† HR 3684 EAS 
(2) blockchain technologies and distributed ledg-
ers; 
(3) crowdsourcing platforms; 
(4) the Internet of Things; 
(5) distributed computing for the grid; and 
(6) software and systems. 
(b) CONTENTS.—The report required under subsection 
(a) shall include— 
(1) as practicable, a full inventory and assess-
ment of digital climate solutions; 
(2) an analysis of how the private sector can uti-
lize the digital tools and platforms included in the in-
ventory under paragraph (1) to accelerate digital cli-
mate solutions; and 
(3) a summary of opportunities to enhance the 
standardization of voluntary and regulatory climate 
disclosure protocols, including enabling the data to be 
disseminated through an application programming 
interface that is accessible to the public.