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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Device Cybersecurity Act of 
2017''.

SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520 
(21 U.S.C. 360j) the following--

``SEC. 520A. CYBERSECURITY FOR DEVICES.

    ``(a) Definitions.--In this section:
            ``(1) Cyber device.--The term `cyber device' means any 
        device that has network or Internet connectivity (such as near 
        field communication (NFC), Bluetooth, or WiFi), connects to an 
        external storage device or external media (such as a universal 
        serial bus (USB) or a compact disk), or has any other cyber 
        capability.
            ``(2) Cybersecurity fix or update.--The term `cybersecurity 
        fix or update' means any modification to a cyber device that 
        addresses a software, firmware, or hardware error or known 
        vulnerability, or a security update, and does not change the 
        therapeutic or diagnostic function of the device.
    ``(b) Transparency of Risk Prior to Marketing.--
            ``(1) Report card.--
                    ``(A) In general.--The Secretary, in coordination 
                with the entities described in subparagraph (B), shall 
                develop a report card for indicating the cybersecurity 
                functions of cyber devices. The report card shall 
                contain the contents described in paragraph (2) and be 
                disclosed in accordance with paragraph (3).
                    ``(B) Coordination.--The entities described in this 
                subparagraph are the following:
                            ``(i) The National Institute of Standards 
                        and Technology.
                            ``(ii) The Secretary of Homeland Security.
                            ``(iii) The National Coordination Office 
                        supporting the Networking and Information 
                        Technology Research and Development Program.
                            ``(iv) The Federal Trade Commission.
                            ``(v) Any other relevant agency, or 
                        cybersecurity or medical device industry group, 
                        as determined by the Secretary.
            ``(2) Contents of report card.--Each report card shall 
        contain each of the following:
                    ``(A) Information pertaining to all essential 
                elements described in the most recent version of the 
                Manufacturer Disclosure Statement for Medical Device 
                Security, as set forth by the Healthcare Information 
                and Management Systems Society and the National 
                Electrical Manufacturers Association.
                    ``(B) A traceability matrix, accepted by the 
                Secretary, that--
                            ``(i) redacts content that is confidential, 
                        as determined by the Secretary; and
                            ``(ii) establishes design components and 
                        traces such components to design compensating 
                        controls.
                    ``(C) A description of any manufacturer 
                compensating controls that--
                            ``(i) effectively address known common 
                        vulnerabilities and exposures; and
                            ``(ii) provide providers with industry 
                        standard compensating controls for improving 
                        cybersecurity.
                    ``(D) A description of--
                            ``(i) any cybersecurity evaluation 
                        conducted on the device, including any testing, 
                        validation, or verification of the device;
                            ``(ii) who conducted such evaluation; and
                            ``(iii) the results of such evaluation.
                    ``(E) A cybersecurity risk assessment conducted by 
                the manufacturer, or a third party, explaining the risk 
                of the device to patient safety and clinical hazards.
                    ``(F) An indication of whether the device is 
                capable of being remotely accessed. If the device is 
                capable of being remotely accessed, an indication of 
                any security measures and access protocols the device 
                has in place to secure such access.
            ``(3) Disclosure of report card.--
                    ``(A) Clearance or approval.--The manufacturer of 
                any cyber device shall include the report card in any 
                notification to the Secretary under section 510(k) or 
                any application for premarket approval under section 
                515(c), as applicable.
                    ``(B) Public accessibility.--
                            ``(i) In general.--The Secretary shall 
                        provide a copy of the report card to any entity 
                        described in clause (ii) that submits a request 
                        for such copy to the Secretary.
                            ``(ii) Entities permitted access.--An 
                        entity described in this clause is--
                                    ``(I) any health care industry 
                                entity, consisting of any provider, 
                                device manufacturer, the Federal 
                                Government, health care information 
                                security researchers, and health care 
                                academia; and
                                    ``(II) any entity determined by the 
                                Secretary to have a valid interest in 
                                the report card.
                    ``(C) Updated report card.--For as long as the 
                cyber device receives technical support from the 
                manufacturer or any other third party authorized by the 
                manufacturer, the manufacturer shall submit to the 
                Secretary an annual update to the report card.
    ``(c) Protecting Remote Access to Managed Solutions.--
            ``(1) In general.--A manufacturer of a cyber device shall:
                    ``(A) In order to remotely access such device after 
                selling, or otherwise transferring ownership of, the 
                device, obtain consent for such access from the 
                provider owning or operating the device and from any 
                patient on which the device is used. Such consent may 
                be in the form of an agreement entered into between the 
                provider and the manufacturer at the time the device is 
                sold to the provider, and may be for the manufacturer 
                to remotely access the device at times specified in 
                such agreement or by an agreement between the 
                manufacturer and provider entered into thereafter. In 
                the case of an agreement described in the previous 
                sentence, consent of the patient may be obtained 
                through the provider notifying the patient of such 
                agreement.
                    ``(B) For any cyber device that the manufacturer 
                may remotely access in accordance with subparagraph 
                (A):
                            ``(i) Notify the provider when the 
                        manufacturer accesses the device remotely, 
                        including the name of the person with such 
                        access, the kinds of tasks that can be 
                        performed through such access, and the software 
                        used to access the device. Such notification 
                        can be in the form of an audit log described in 
                        clause (ii) if the audit log is readily 
                        available to the provider.
                            ``(ii) Maintain an audit log for each time 
                        the manufacturer accesses the device remotely 
                        and make such log accessible to the provider.
                    ``(C) Except as provided in paragraph (2), for any 
                cyber device that has the capability to be accessed 
                remotely by the manufacturer or any other entity:
                            ``(i) Implement multi-factor authentication 
                        for accessing any cyber capability of the 
                        device.
                            ``(ii) Secure data in motion and data at 
                        rest with data encryption, and other best 
                        practices, approved by the National Institute 
                        of Standards and Technology.
                            ``(iii) Install automated tools to track 
                        access, or identify attempts at unauthorized 
                        access, to any cyber capability of the device.
                            ``(iv) Adopt whitelisting approaches and 
                        changeable passwords for accessing any cyber 
                        capability of the device.
                            ``(v) Comply with the remote access 
                        provisions recommended by the National 
                        Institute of Standards and Technology, in the 
                        document entitled `Security for Telecommuting 
                        and Broadband Communications (NIST Special 
                        Publication 800-46)', published in August 2002.
            ``(2) Exceptions.--A manufacturer may submit a petition to 
        the Secretary to exempt a cyber device from any requirement 
        under paragraph (1)(C). The Secretary may grant such an 
        exemption if it determines that the manufacturer can prove the 
        exemption would pose not more than a minimal risk to patient 
        health, minimal risk to privacy, and minimal risk of a cyber 
        vulnerability.
    ``(d) Cybersecurity Fixes or Updates.--
            ``(1) Re-clearance or reapproval.--Unless at the request of 
        the Secretary due to a unique and extenuating circumstance, any 
        cybersecurity fix or update shall not require a new 
        notification under section 510(k) or application for premarket 
        approval under section 515(c).
            ``(2) Free cybersecurity fixes or updates.--A manufacturer 
        of a cyber device shall provide any cybersecurity fix or update 
        to the device free of charge until--
                    ``(A) the date on which any agreement to provide 
                such fixes or updates, entered into between the 
                manufacturer (or a third party authorized by the 
                manufacturer) and a provider, expires; or
                    ``(B) if no agreement described in subparagraph (A) 
                is in effect, the date that is 10 years after the date 
                on which the manufacturer discontinues marketing the 
                device.
    ``(e) End-of-Life Device.--Not later than 90 days after a 
manufacturer declares that it will no longer sell a cyber device, the 
manufacturer of such device shall--
            ``(1) shall provide any provider owning or operating the 
        device with the report card, as most recently updated under 
        subsection (b)(3)(C);
            ``(2) to the extent practicable, inform any provider owning 
        or operating the device that the manufacturer will no longer be 
        manufacturing such device;
            ``(3) provide notice to any provider owning or operating 
        the device of the date on which the last cybersecurity fix or 
        update will be provided by the manufacturer;
            ``(4) notify the Secretary of such declaration; and
            ``(5) provide any provider owning or operating the device 
        with the following information related to the device:
                    ``(A) Compensating controls on how to securely 
                configure the cyber device if the device stays in 
                operation past the date on which the manufacturer stops 
                providing cybsecurity fixes or updates under subsection 
                (d)(2).
                    ``(B) Documentation on secure preparation for 
                recycling and disposal of the device.
                    ``(C) Specific guidance regarding supporting 
                infrastructure architecture, including network 
                segmentation and device isolation requirements.
                    ``(D) Instructions on how to delete any personally 
                identifiable information, protected health information, 
                or other site-specific sensitive data such as 
                configuration files.
    ``(f) Applicability.--This section shall not apply with respect to 
any cyber device for which, prior to the enactment of the Medical 
Device Cybersecurity Act of 2017, a notification was submitted under 
section 510(k), or for which an application for premarket approval was 
submitted under section 515(c).''.
    (b) Enforcement.--Section 301 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the 
following:
    ``(eee) The failure to comply with subsection (b), (c), (d), or (e) 
of section 520A.''.
    (c) Expansion of ICS-CERT Responsibilities.--
            (1) Definitions.--In this subsection:
                    (A) Cyber device.--The term ``cyber device'' has 
                the meaning given the term in section 520A of the 
                Federal Food, Drug, and Cosmetic Act, as added by 
                subsection (a).
                    (B) ICS-CERT.--The term ``ICS-CERT'' means the 
                Industrial Control Systems Cyber Emergency Response 
                Team of the National Cybersecurity and Communications 
                Integration Center established under section 227 of the 
                Homeland Security Act of 2002 (6 U.S.C. 148).
                    (C) Under secretary.--The term ``Under Secretary'' 
                means the Under Secretary appointed under section 
                103(a)(1)(H) of the Homeland Security Act of 2002 (6 
                U.S.C. 113(a)(1)(H)).
            (2) Expansion.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary shall expand the 
        duties and mission of ICS-CERT to include--
                    (A) investigating cybersecurity vulnerabilities of 
                cyber devices that may cause harm to human life or 
                significant misuse of personal health information, as 
                determined necessary by ICS-CERT or at the request of 
                the Under Secretary; and
                    (B) coordinating device-specific responses to 
                cybersecurity incidents and vulnerabilities with 
                respect to cyber devices.
            (3) Consultation.--In carrying out paragraph (2), the Under 
        Secretary shall consult with relevant agencies within the Food 
        and Drug Administration, the Department of Health and Human 
        Services, the National Institute of Standards and Technology, 
        the National Coordination Office for Networking and Information 
        Technology Research and Development, the Federal Trade 
        Commission, and experts in the cybersecurity and medical device 
        industries.
            (4) Coordinated disclosure.--Not later than 6 months after 
        the date of enactment of this Act, the Secretary of Homeland 
        Security shall issue rules relating to the coordinated 
        disclosure of controlled and uncontrolled cybersecurity 
        vulnerabilities of cyber devices, which shall--
                    (A) outline the roles and responsibilities of ICS-
                CERT and manufacturers and providers of cyber devices;
                    (B) provide timelines for all required actions; and
                    (C) provide for the enforcement of cooperation 
                between ICS-CERT and manufacturers and providers of 
                cyber devices.
            (5) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Under Secretary shall submit to 
        Congress a report detailing the expanded duties and mission of 
        ICS-CERT under paragraph (2).
Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others,&nbsp;to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must include&nbsp;a report card in any premarket notification or application for premarket approval. The&nbsp;FDA shall provide a copy of a device's report card&nbsp;if requested&nbsp;by a health care industry entity or an entity with a valid interest in the report card.&nbsp; The bill establishes procedures, including notifications to&nbsp;providers and patients,&nbsp;for manufacturers&nbsp;when cyber devices are&nbsp;remotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security's&nbsp;Industrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.

SECTION 1. CAREERS TO CLASSROOMS.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part F;
            (2) by redesignating sections 2401 and 2402 as sections 
        2601 and 2602, respectively; and
            (3) by adding at the end the following:

                    ``PART G--CAREERS TO CLASSROOMS

``SEC. 2401. CAREERS TO CLASSROOMS.

    ``(a) Definitions.--In this section:
            ``(1) Alternative certification program.--The term 
        `alternative certification program' means a State-approved 
        program that--
                    ``(A) provides the education and training necessary 
                to enable an individual to be eligible for teacher 
                certification in the State within a reduced period of 
                time, compared to the time typically required to 
                receive such certification; and
                    ``(B) relies upon an individual's experience, 
                expertise, academic qualifications, or other factors in 
                lieu of traditional course work for eligibility to 
                receive a degree in the field of education.
            ``(2) Eligible individual.--The term `eligible individual' 
        means an individual--
                    ``(A) who has submitted an application described in 
                subsection (d) to be a certified teacher through a 
                State-approved alternative certification program in an 
                elementary school or secondary school;
                    ``(B) who has an associate, baccalaureate, or 
                advanced degree from an accredited institution of 
                higher education;
                    ``(C) who--
                            ``(i) has substantial, demonstrable career 
                        experience and competence in mathematics, 
                        natural science, computer science, engineering, 
                        foreign language or another field of expertise 
                        determined by the State to be a field for which 
                        there is a significant shortage of qualified 
                        teachers and teacher applicants in that State; 
                        or
                            ``(ii) within 5 years of the date on which 
                        the individual submits an application described 
                        in subparagraph (A)--
                                    ``(I) has received a baccalaureate 
                                or advanced degree from an accredited 
                                institution of higher education in a 
                                field of expertise described in clause 
                                (i); and
                                    ``(II)(aa) has graduated with at 
                                least a 3.0 grade point average (or 
                                equivalent average on a different 
                                scale) in the major or graduate program 
                                for which the individual obtained the 
                                degree;
                                    ``(bb) has graduated at least in 
                                the top 50 percent of the individual's 
                                undergraduate or graduate class;
                                    ``(cc) can demonstrate a high level 
                                of competence through a high level of 
                                academic performance in core academic 
                                coursework and through successful 
                                passage of academic subject tests 
                                required by the State under its 
                                alternative certification program; and
                                    ``(dd) meets any additional 
                                academic or other standards or 
                                qualifications established by the 
                                State;
                    ``(D) in the case of an individual receiving a 
                stipend under this section, who agrees to, in good 
                faith, seek employment and to consider offers of 
                employment in the individual's subject matter of 
                expertise in a high need elementary or secondary school 
                within that State; and
                    ``(E) who meets any additional teacher 
                certification or other requirements that may be 
                established by the State.
            ``(3) High need elementary or secondary school.--The term 
        `high need elementary or secondary school' means a school--
                    ``(A)(i) in which the percentage of students from 
                families below the Federal poverty level (as determined 
                by the Secretary) is 20 percent or more; and
                    ``(ii) that the State determines has experienced a 
                significant period in which teacher vacancies have 
                remained unfilled due to greater than normal difficulty 
                in recruiting or retaining qualified teachers;
                    ``(B) is within the top quartile of schools 
                statewide with regard to the number of unfilled, 
                available teacher positions; or
                    ``(C) is located in an area, other than a 
                metropolitan statistical area, that the State 
                determines has a high percentage of students from low-
                income families or is one that has experienced greater 
                than normal difficulty in recruiting or retaining 
                teachers.
    ``(b) Program Authorized.--The Secretary may award, on a 
competitive basis, grants to States to enable such States to carry out 
the following activities:
            ``(1) Teacher recruitment, education, training, referral, 
        placement, and retention activities to place eligible 
        individuals as certified teachers in public schools through 
        State-approved alternative certification programs.
            ``(2) To award stipends (in an amount not to exceed the 
        lesser of $5,000 per person or an amount equal to the total 
        costs of the types described in paragraphs (1), (2), (3), (8), 
        and (9) of section 472 of the Higher Education Act of 1965 
        incurred by the eligible individual in obtaining alternative 
        certification under this section) to eligible individuals who--
                    ``(A) are enrolled in a State authorized 
                alternative certification program; and
                    ``(B) agree to--
                            ``(i) seek certification through teacher 
                        certification programs in that State; and
                            ``(ii) teach in a high need school in that 
                        State;
        with a preference being given to individuals who are deemed 
        financially in need of such assistance by the State.
            ``(3) To provide grants, in a manner prescribed by the 
        State, in an amount not to exceed $5,000 per eligible 
        individual, per year, to high need elementary or secondary 
        schools to offset the teacher mentoring, alternative 
        certification, and other direct costs associated with accepting 
        eligible individuals under this section.
            ``(4) To develop, or to award grants to accredited 
        institutions of higher education for the development of, 
        alternative certification programs, with preference given to 
        programs tailored to eligible individuals under this section.
            ``(5) Other activities determined by the State to be 
        reasonably necessary to carry-out the purposes of this section.
    ``(c) Criteria for Awarding of Grants.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section a State shall--
                    ``(A) submit to the Secretary an application that 
                contains--
                            ``(i) a description of the manner in which 
                        the State will carry out activities under this 
                        section; and
                            ``(ii) a description of the alternative 
                        certification program of the State or a 
                        description of the manner in which the State is 
                        attempting to implement an alternative 
                        certification program;
                    ``(B) provide assurances to the Secretary that the 
                State will submit to the Secretary, at the end of the 
                grant period, a report on how the activities carried 
                out with funds made available under the grant were 
                utilized, including a description of--
                            ``(i) the manner in which the funds were 
                        used to increase the number of qualified 
                        teachers hired in the State;
                            ``(ii) the manner in which the funds 
                        improved teacher quality;
                            ``(iii) the number of teachers hired under 
                        the grant;
                            ``(iv) the professional experience and 
                        field of expertise of each teacher hired under 
                        the grant; and
                            ``(v) the manner in which the funds were 
                        used to meet other objectives of this section 
                        or other objectives of the State with regard to 
                        teacher hiring, quality, retention, and student 
                        performance;
                    ``(C) provide assurances that amounts received 
                under the grant will be used to supplement and not 
                supplant other Federal, State, and local funds expended 
                to provide services for individuals and entities 
                eligible to receive funds under this section; and
                    ``(D) provide assurances to the Secretary that 
                amounts received under the grants will be expended 
                within 3 years of the receipt of such funds and agree 
                to return unused funds to the Secretary.
            ``(2) Preference.--The Secretary shall give preference in 
        the awarding of grants under this section to States that have 
        developed, or that are developing, alternative certification 
        programs that--
                    ``(A) rapidly place quality certified teachers into 
                the classroom;
                    ``(B) emphasize subject matter content; and
                    ``(C) lead to the certification and placement of a 
                large number of teachers in relation to the number of 
                public elementary school and secondary school teachers 
                in the State.
            ``(3) Limitations.--A grant under this section may be made 
        for a period of up to 3 years, and may not exceed $10,000,000 
        per year.
            ``(4) Geographic diversity.--To the extent practicable, the 
        Secretary shall award grants under this section to support 
        programs in different geographic regions of the United States.
    ``(d) Application by Eligible Individuals.--To be eligible to 
participate as an eligible individual under this section, an individual 
shall submit an application to the State, or to an entity or individual 
designated by the State to receive such applications. Such application 
shall include--
            ``(1) a description of the academic, professional, and 
        other qualifications of the individual, including the academic 
        or professional subject matter expertise of the individual;
            ``(2) a description of the subject matter area, and, if 
        applicable, the grade level, in which the individual desires to 
        teach;
            ``(3)(A) a description of whether the individual is seeking 
        a stipend under this section (if offered by the State); and
            ``(B) if the individual is seeking such a stipend, a 
        description of the willingness of the individual to teach in a 
        high need elementary or secondary school for at least 2 years 
        under this section; and
            ``(4) any other information or documentation that may be 
        required by the State.
    ``(e) Stipends.--
            ``(1) Counted for eligibility purposes.--A stipend received 
        by an eligible individual under this section shall be taken 
        into account in determining the eligibility of the individual 
        for Federal student-based financial assistance.
            ``(2) Repayment.--The recipient of a stipend under this 
        section shall repay amounts received under such stipend to the 
        State from which the stipend was received if--
                    ``(A) the recipient fails to complete the 
                applicable alternative certification program;
                    ``(B) the recipient rejects a bona fide offer of 
                employment during the 1-year period beginning on the 
                date on which the individual completes the applicable 
                alternative certification program; or
                    ``(C) the recipient fails to teach for at least 2 
                years in a public elementary school or secondary school 
                within that State during the 5-year period beginning on 
                the date on which the individual completes the 
                applicable alternative certification program.
            ``(3) Additional procedures.--A State that receives a grant 
        under this section may establish additional procedures and 
        rules with respect to the reimbursement of the State of any 
        stipend funds under paragraph (2), and shall retain such 
        reimbursed funds to carry out activities under this section.
            ``(4) Exceptions.--Paragraphs (2) and (3) shall not apply 
        during the period of time in which an eligible individual is--
                    ``(A) pursuing a full-time course of study;
                    ``(B) serving on active duty as a member of the 
                Armed Forces;
                    ``(C) temporarily totally disabled for a period of 
                time not to exceed 3 years;
                    ``(D) not able to secure employment for a period of 
                not more than 12 months by reason of the care required 
                by a spouse who is disabled; or
                    ``(E) otherwise exempted from the requirements of 
                such paragraphs as may be provided by the Secretary.
    ``(f) Public Awareness.--The Secretary shall disseminate and 
otherwise make available information concerning the program under this 
section, including--
            ``(1) through the posting of a website on the Internet to 
        enable interested persons to easily find information and 
        application material for participation in activities under this 
        section, that contains a nationwide, publicly searchable data 
        bank of all State programs and all available public elementary 
        and secondary teaching positions the Secretary is able to 
        practicably ascertain, and a means by which individuals may 
        apply to, or inquire of, multiple States' alternative 
        certification programs under this section;
            ``(2) providing information to every State about the 
        program under this section, including the criteria for State 
        and individual eligibility; and
            ``(3) conducting other activities, either directly or 
        through contract with other appropriate entities, to broaden 
        awareness and participation in the program under this section.
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $50,000,000 
in fiscal year 2002, and such sums as may be necessary for each of 
fiscal years 2003 through 2007.''.
Careers to Classrooms Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a Careers to Classrooms program. Authorizes the Secretary of Education to award competitive grants to States for: (1) teacher recruitment, education, training, referral, placement, and retention activities to place eligible individuals as certified teachers in public schools through State-approved alternative certification programs; (2) stipends for eligible individuals enrolled in programs who agree to seek certification through teacher certification programs in that State and teach in a high-need school in that State, with preference for those individuals needing such assistance; (3) grants to high-need elementary or secondary schools to offset the teacher mentoring, alternative certification, and other direct costs associated with accepting eligible individuals under this Act; (4) grants to accredited institutions of higher education to develop alternative certification programs, with preference given to programs tailored to eligible individuals; and (5) other activities determined by the State to be reasonably necessary to carry out the purposes of this Act. Requires preference for such grants to be given to States that have developed, or are developing, alternative certification programs that: (1) rapidly place quality certified teachers into the classroom; (2) emphasize subject matter content; and (3) lead to the certification and placement of a large number of teachers in relation to the number of public elementary school and secondary school teachers in the State.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparent Review of the 
Affordability and Cost of Electricity (TRACE) Renewable Energy Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Federal energy-specific subsidies and support to all 
        forms of energy were estimated to be $16.6 billion in 2007, 
        indicating that total Federal energy subsidies have more than 
        doubled over the previous ten years, according to the Federal 
        Financial Interventions and Subsidies in Energy Markets 2007 
        report by the Energy Information Administration.
            (2) Research, development, and installation of renewable 
        and other low-emission technologies for electric power 
        generation have been a high priority for the 110th and 111th 
        Congresses.
            (3) There is a growing need for accurate reporting on the 
        costs associated with each form of alternative energy 
        generation technology because of the significant Federal action 
        and investment in such technology.
            (4) The costs associated with alternative energy generation 
        technology should be analyzed and made available to assess the 
        ability of each new technology to compete in the marketplace, 
        without Federal subsidy or support, and to optimize the 
        deployment of such technology.
            (5) The Energy Information Administration has previously 
        created forms and guidelines to collect the necessary 
        information for such reporting and has collected information 
        for several years; however, the program ended due to funding 
        constraints and the lack of an authorization from Congress.

SEC. 3. ELECTRIC PRODUCTION COST REPORT.

    Title II of the Public Utility Regulatory Policies Act of 1978 is 
amended by adding after section 214 (16 U.S.C. 824 note) the following:

``SEC. 215. ELECTRIC PRODUCTION COST REPORT.

    ``(a) Electricity Report.--The Secretary, acting through the 
Administrator of the Energy Information Administration (in this section 
referred to as the `Administrator'), shall prepare and publish an 
annual report, at the times specified in subsection (c), setting forth 
the costs of electricity production per kilowatt hour, by sector and 
energy source, for each type of electric energy generation. The report 
shall include each of the following for the period covered by the 
report:
            ``(1) The quantity of carbon dioxide emitted per kilowatt 
        hour.
            ``(2) The cost of electricity generation in cents per 
        kilowatt hour, or dollars per megawatt hour, for each type of 
        electric energy generation in the United States.
            ``(3) The factors used to levelize costs, including 
        amortized capital costs, current and projected fuel costs, 
        regular operation and maintenance, projected equipment, and 
        hardware lifetimes.
            ``(4) The costs for constructing new electric transmission 
        lines dedicated to, or intended specifically to benefit, 
        electric generation facilities in each sector and for each 
        energy source, to the extent practicable.
    ``(b) Collection and Use of Data.--
            ``(1) Data collection.--The Administrator shall collect 
        data and use all currently available data necessary to complete 
        the report under subsection (a). Such data may be collected 
        from any electric utility, including public utilities, 
        independent power producers, cogenerating and qualified 
        facilities, and all State, local, and federally owned power 
        producers.
            ``(2) Cooperation of other agencies.--The heads of other 
        Federal departments, agencies, and instrumentalities of the 
        United States shall assist with the collection of data as 
        necessary to complete the report under subsection (a), 
        including the Chairman of the Federal Energy Regulatory 
        Commission, the Administrator of the Rural Utilities Service, 
        the Director of the Minerals Management Service, and the 
        Administrator of the Environmental Protection Agency.
    ``(c) Issuance of Reports.--
            ``(1) Reports for data previously collected.--As soon as 
        practicable, the Administrator shall prepare and publish 
        reports containing the information specified in subsection (a) 
        for each year for which the data was collected before the date 
        of the enactment of this section.
            ``(2) Annual reports.--
                    ``(A) First report.--For the year 2012, the 
                Administrator shall collect all necessary data for the 
                completion of the report under subsection (a) by 
                January 31, 2013, and shall issue the report based on 
                that data by June 30, 2013.
                    ``(B) Subsequent annual reports.--For each year 
                after 2012, the Administrator shall collect all 
                necessary data for the completion of the report under 
                subsection (a) by January 31 of the year following the 
                year for which the data was collected, and shall issue 
                the report based on that data not later than April 30 
                of the year following the year for which the data was 
                collected.
    ``(d) Review of Electricity Report.--Following the completion of 
each report under subsection (a), the Administrator may review the 
findings with organizations that have expertise in the energy industry 
and demonstrated experience generating similar industry reports, for 
the purpose of improving the utility, accuracy, and timeliness of 
future reports.''.

Transparent Review of the Affordability and Cost of Electricity (TRACE) Renewable Energy Act of 2010 - Amends the Public Utility Regulatory Policies Act of 1978 to direct the Secretary of Energy, acting through the Administrator of the Energy Information Administration, to prepare and publish an annual report setting forth the costs of electricity production per kilowatt hour, by sector and energy source, for each type of electric energy generation.