Congressional Record, Volume 161 Issue 174 (Wednesday, December 2, 2015)

[Congressional Record Volume 161, Number 174 (Wednesday, December 2, 2015)]
[House]
[Pages H8894-H8951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE ACT OF 2015

General Leave

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill, H.R. 8.
The SPEAKER pro tempore (Mr. Poliquin). Is there objection to the
request of the gentleman from Michigan?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 542 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 8.
Will the gentleman from Illinois (Mr. Dold) kindly take the chair.

{time} 1541

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 8) to modernize energy infrastructure, build a 21st
century energy and manufacturing workforce, bolster America's energy
security and diplomacy, and promote energy efficiency and government
accountability, and for other purposes, with Mr. Dold (Acting Chair) in
the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Tuesday,
December 1, 2015, all time for general debate pursuant to House
Resolution 539 had expired.
Pursuant to House Resolution 542, no further general debate shall be
in order.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Energy and Commerce, printed in the bill, it shall be
in order to consider as an original bill for the purpose of amendment
under the 5-minute rule an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 114-36. That amendment
in the nature of a substitute shall be considered as read.
The text of the amendment in the nature of a substitute is as
follows:

H.R. 8

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``North
American Energy Security and Infrastructure Act of 2015''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.

TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

Subtitle A--Energy Delivery, Reliability, and Security

[[Page H8895]]

Sec. 1108. Reliability analysis for certain rules that affect electric
generating facilities.
Sec. 1109. Carbon capture, utilization, and sequestration technologies.
Sec. 1110. Reliability and performance assurance in Regional
Transmission Organizations.

Subtitle B--Energy Security and Infrastructure Modernization

Sec. 1201. Energy Security and Infrastructure Modernization Fund.

Subtitle C--Hydropower Regulatory Modernization

Sec. 1301. Hydroelectric production and efficiency incentives.
Sec. 1302. Protection of private property rights in hydropower
licensing.
Sec. 1303. Extension of time for FERC project involving W. Kerr Scott
Dam.
Sec. 1304. Hydropower licensing and process improvements.
Sec. 1305. Judicial review of delayed Federal authorizations.
Sec. 1306. Licensing study improvements.
Sec. 1307. Closed-loop pumped storage projects.
Sec. 1308. License amendment improvements.
Sec. 1309. Promoting hydropower development at existing nonpowered
dams.

TITLE II--21ST CENTURY WORKFORCE

Sec. 2001. Energy and manufacturing workforce development.

TITLE III--ENERGY SECURITY AND DIPLOMACY

Sec. 3001. Sense of Congress.
Sec. 3002. Energy security valuation.
Sec. 3003. North American energy security plan.
Sec. 3004. Collective energy security.
Sec. 3005. Strategic Petroleum Reserve mission readiness plan.
Sec. 3006. Authorization to export natural gas.

TITLE IV--ENERGY EFFICIENCY AND ACCOUNTABILITY

Subtitle A--Energy Efficiency

Chapter 1--Federal Agency Energy Efficiency

Sec. 4111. Energy-efficient and energy-saving information technologies.
Sec. 4112. Energy efficient data centers.
Sec. 4113. Report on energy and water savings potential from thermal
insulation.
Sec. 4114. Federal purchase requirement.
Sec. 4115. Energy performance requirement for Federal buildings.
Sec. 4116. Federal building energy efficiency performance standards;
certification system and level for Federal buildings.
Sec. 4117. Operation of battery recharging stations in parking areas
used by Federal employees.

Chapter 2--Energy Efficient Technology and Manufacturing

Sec. 4121. Inclusion of Smart Grid capability on Energy Guide labels.
Sec. 4122. Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.
Sec. 4123. Facilitating consensus furnace standards.
Sec. 4124. Future of Industry program.
Sec. 4125. No warranty for certain certified Energy Star products.
Sec. 4126. Clarification to effective date for regional standards.
Sec. 4127. Internet of Things report.

Chapter 3--Energy Performance Contracting

Sec. 4131. Use of energy and water efficiency measures in Federal
buildings.

Chapter 4--School Buildings

Sec. 4141. Coordination of energy retrofitting assistance for schools.

Chapter 5--Building Energy Codes

Sec. 4151. Greater energy efficiency in building codes.
Sec. 4152. Voluntary nature of building asset rating program.

Chapter 6--EPCA Technical Corrections and Clarifications

Sec. 4161. Modifying product definitions.
Sec. 4162. Clarifying rulemaking procedures.

Chapter 7--Energy and Water Efficiency

Sec. 4171. Smart energy and water efficiency pilot program.
Sec. 4172. WaterSense.

Subtitle B--Accountability

Chapter 1--Market Manipulation, Enforcement, and Compliance

Sec. 4211. FERC Office of Compliance Assistance and Public
Participation.

Chapter 2--Market Reforms

Sec. 4221. GAO study on wholesale electricity markets.
Sec. 4222. Clarification of facility merger authorization.

Chapter 3--Code Maintenance

Sec. 4231. Repeal of off-highway motor vehicles study.
Sec. 4232. Repeal of methanol study.
Sec. 4233. Repeal of residential energy efficiency standards study.
Sec. 4234. Repeal of weatherization study.
Sec. 4235. Repeal of report to Congress.
Sec. 4236. Repeal of report by General Services Administration.
Sec. 4237. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 4238. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report to Congress.
Sec. 4239. Repeal of procurement and identification of energy efficient
products program.
Sec. 4240. Repeal of national action plan for demand response.
Sec. 4241. Repeal of national coal policy study.
Sec. 4242. Repeal of study on compliance problem of small electric
utility systems.
Sec. 4243. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 4244. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 4245. Repeal of submission of reports.
Sec. 4246. Repeal of electric utility conservation plan.
Sec. 4247. Technical amendment to Powerplant and Industrial Fuel Use
Act of 1978.
Sec. 4248. Emergency energy conservation repeals.
Sec. 4249. Repeal of State utility regulatory assistance.
Sec. 4250. Repeal of survey of energy saving potential.
Sec. 4251. Repeal of photovoltaic energy program.
Sec. 4252. Repeal of energy auditor training and certification.

Chapter 4--Use of Existing Funds

Sec. 4261. Use of existing funds.

TITLE V--NATIONAL ENERGY SECURITY CORRIDORS

Sec. 5001. Short title.
Sec. 5002. Designation of National Energy Security Corridors on Federal
lands.
Sec. 5003. Notification requirement.

TITLE VI--ELECTRICITY RELIABILITY AND FOREST PROTECTION

Sec. 6001. Short title.
Sec. 6002. Vegetation management, facility inspection, and operation
and maintenance on Federal lands containing electric
transmission and distribution facilities.

TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

Subtitle A--Energy Delivery, Reliability, and Security

SEC. 1101. FERC PROCESS COORDINATION.

Section 15 of the Natural Gas Act (15 U.S.C. 717n) is
amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) Other agencies.--
``(A) In general.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission and comply
with the deadlines established by the Commission.
``(B) Identification.--The Commission shall identify, as
early as practicable after it is notified by a prospective
applicant of a potential project requiring Commission
authorization, any Federal or State agency, local government,
or Indian tribe that may consider an aspect of an application
for that Federal authorization.
``(C) Notification.--
``(i) In general.--The Commission shall notify any agency
identified under subparagraph (B) of the opportunity to
cooperate or participate in the review process.
``(ii) Deadline.--A notification issued under clause (i)
shall establish a deadline by which a response to the
notification shall be submitted, which may be extended by the
Commission for good cause.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) set deadlines for all such Federal authorizations;
and'';
(B) by striking paragraph (2); and
(C) by adding at the end the following new paragraphs:
``(2) Deadline for federal authorizations.--A final
decision on a Federal authorization is due no later than 90
days after the Commission issues its final environmental
document, unless a schedule is otherwise established by
Federal law.
``(3) Concurrent reviews.--Each Federal and State agency
considering an aspect of an application for a Federal
authorization shall--
``(A) carry out the obligations of that agency under
applicable law concurrently, and in conjunction, with the
review required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), unless doing so would impair
the ability of the agency to conduct needed analysis or
otherwise carry out those obligations;
``(B) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of required Federal authorizations no later than
90 days after the Commission issues its final environmental
document; and
``(C) transmit to the Commission a statement--
``(i) acknowledging receipt of the schedule established
under paragraph (1); and
``(ii) setting forth the plan formulated under subparagraph
(B) of this paragraph.
``(4) Issue identification and resolution.--
``(A) Identification.--Federal and State agencies that may
consider an aspect of an application for Federal
authorization shall identify, as early as possible, any
issues of concern that may delay or prevent an agency from
working with the Commission to resolve such issues and
granting such authorization.
``(B) Issue resolution.--The Commission may forward any
issue of concern identified under subparagraph (A) to the
heads of the relevant agencies (including, in the case of a
failure by the State agency, the Federal agency overseeing
the delegated authority) for resolution.

[[Page H8896]]

``(5) Failure to meet schedule.--If a Federal or State
agency does not complete a proceeding for an approval that is
required for a Federal authorization in accordance with the
schedule established by the Commission under paragraph (1)--
``(A) the applicant may pursue remedies under section
19(d); and
``(B) the head of the relevant Federal agency (including,
in the case of a failure by a State agency, the Federal
agency overseeing the delegated authority) shall notify
Congress and the Commission of such failure and set forth a
recommended implementation plan to ensure completion of the
proceeding for an approval.'';
(3) by redesignating subsections (d) through (f) as
subsections (g) through (i), respectively; and
(4) by inserting after subsection (c) the following new
subsections:
``(d) Remote Surveys.--If a Federal or State agency
considering an aspect of an application for Federal
authorization requires the applicant to submit environmental
data, the agency shall consider any such data gathered by
aerial or other remote means that the applicant submits. The
agency may grant a conditional approval for Federal
authorization, conditioned on the verification of such data
by subsequent onsite inspection.
``(e) Application Processing.--The Commission, and Federal
and State agencies, may allow an applicant seeking Federal
authorization to fund a third-party contractor to assist in
reviewing the application.
``(f) Accountability, Transparency, Efficiency.--For
applications requiring multiple Federal authorizations, the
Commission, with input from any Federal or State agency
considering an aspect of an application, shall track and make
available to the public on the Commission's website
information related to the actions required to complete
permitting, reviews, and other actions required. Such
information shall include the following:
``(1) The schedule established by the Commission under
subsection (c)(1).
``(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the Federal
authorization.
``(3) The expected completion date for each such action.
``(4) A point of contact at the agency accountable for each
such action.
``(5) In the event that an action is still pending as of
the expected date of completion, a brief explanation of the
reasons for the delay.''.

SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY
CONFLICTS.

(a) Compliance With or Violation of Environmental Laws
While Under Emergency Order.--Section 202(c) of the Federal
Power Act (16 U.S.C. 824a(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) With respect to an order issued under this subsection
that may result in a conflict with a requirement of any
Federal, State, or local environmental law or regulation, the
Commission shall ensure that such order requires generation,
delivery, interchange, or transmission of electric energy
only during hours necessary to meet the emergency and serve
the public interest, and, to the maximum extent practicable,
is consistent with any applicable Federal, State, or local
environmental law or regulation and minimizes any adverse
environmental impacts.
``(3) To the extent any omission or action taken by a
party, that is necessary to comply with an order issued under
this subsection, including any omission or action taken to
voluntarily comply with such order, results in noncompliance
with, or causes such party to not comply with, any Federal,
State, or local environmental law or regulation, such
omission or action shall not be considered a violation of
such environmental law or regulation, or subject such party
to any requirement, civil or criminal liability, or a citizen
suit under such environmental law or regulation.
``(4)(A) An order issued under this subsection that may
result in a conflict with a requirement of any Federal,
State, or local environmental law or regulation shall expire
not later than 90 days after it is issued. The Commission may
renew or reissue such order pursuant to paragraphs (1) and
(2) for subsequent periods, not to exceed 90 days for each
period, as the Commission determines necessary to meet the
emergency and serve the public interest.
``(B) In renewing or reissuing an order under subparagraph
(A), the Commission shall consult with the primary Federal
agency with expertise in the environmental interest protected
by such law or regulation, and shall include in any such
renewed or reissued order such conditions as such Federal
agency determines necessary to minimize any adverse
environmental impacts to the extent practicable. The
conditions, if any, submitted by such Federal agency shall be
made available to the public. The Commission may exclude such
a condition from the renewed or reissued order if it
determines that such condition would prevent the order from
adequately addressing the emergency necessitating such order
and provides in the order, or otherwise makes publicly
available, an explanation of such determination.
``(5) If an order issued under this subsection is
subsequently stayed, modified, or set aside by a court
pursuant to section 313 or any other provision of law, any
omission or action previously taken by a party that was
necessary to comply with the order while the order was in
effect, including any omission or action taken to voluntarily
comply with the order, shall remain subject to paragraph
(3).''.
(b) Temporary Connection or Construction by
Municipalities.--Section 202(d) of the Federal Power Act (16
U.S.C. 824a(d)) is amended by inserting ``or municipality''
before ``engaged in the transmission or sale of electric
energy''.

SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY
DISRUPTIONS.

(a) Finding.--Congress finds that recent natural disasters
have underscored the importance of having resilient oil and
natural gas infrastructure and effective ways for industry
and government to communicate to address energy supply
disruptions.
(b) Authorization for Activities To Enhance Emergency
Preparedness for Natural Disasters.--The Secretary of Energy
shall develop and adopt procedures to--
(1) improve communication and coordination between the
Department of Energy's energy response team, Federal
partners, and industry;
(2) leverage the Energy Information Administration's
subject matter expertise within the Department's energy
response team to improve supply chain situation assessments;
(3) establish company liaisons and direct communication
with the Department's energy response team to improve
situation assessments;
(4) streamline and enhance processes for obtaining
temporary regulatory relief to speed up emergency response
and recovery;
(5) facilitate and increase engagement among States, the
oil and natural gas industry, and the Department in
developing State and local energy assurance plans;
(6) establish routine education and training programs for
key government emergency response positions with the
Department and States; and
(7) involve States and the oil and natural gas industry in
comprehensive drill and exercise programs.
(c) Cooperation.--The activities carried out under
subsection (b) shall include collaborative efforts with State
and local government officials and the private sector.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Energy shall submit
to Congress a report describing the effectiveness of the
activities authorized under this section.

SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

(a) Critical Electric Infrastructure Security.--Part II of
the Federal Power Act (16 U.S.C. 824 et seq.) is amended by
adding after section 215 the following new section:

``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

``(a) Definitions.--For purposes of this section:
``(1) Bulk-power system; electric reliability organization;
regional entity.--The terms `bulk-power system', `Electric
Reliability Organization', and `regional entity' have the
meanings given such terms in paragraphs (1), (2), and (7) of
section 215(a), respectively.
``(2) Critical electric infrastructure.--The term `critical
electric infrastructure' means a system or asset of the bulk-
power system, whether physical or virtual, the incapacity or
destruction of which would negatively affect national
security, economic security, public health or safety, or any
combination of such matters.
``(3) Critical electric infrastructure information.--The
term `critical electric infrastructure information' means
information related to critical electric infrastructure, or
proposed critical electrical infrastructure, generated by or
provided to the Commission or other Federal agency, other
than classified national security information, that is
designated as critical electric infrastructure information by
the Commission under subsection (d)(2). Such term includes
information that qualifies as critical energy infrastructure
information under the Commission's regulations.
``(4) Defense critical electric infrastructure.--The term
`defense critical electric infrastructure' means any electric
infrastructure located in the United States (including the
territories) that serves a facility designated by the
Secretary pursuant to subsection (c), but is not owned or
operated by the owner or operator of such facility.
``(5) Electromagnetic pulse.--The term `electromagnetic
pulse' means 1 or more pulses of electromagnetic energy
emitted by a device capable of disabling or disrupting
operation of, or destroying, electronic devices or
communications networks, including hardware, software, and
data, by means of such a pulse.
``(6) Geomagnetic storm.--The term `geomagnetic storm'
means a temporary disturbance of the Earth's magnetic field
resulting from solar activity.
``(7) Grid security emergency.--The term `grid security
emergency' means the occurrence or imminent danger of--
``(A)(i) a malicious act using electronic communication or
an electromagnetic pulse, or a geomagnetic storm event, that
could disrupt the operation of those electronic devices or
communications networks, including hardware, software, and
data, that are essential to the reliability of critical
electric infrastructure or of defense critical electric
infrastructure; and
``(ii) disruption of the operation of such devices or
networks, with significant adverse effects on the reliability
of critical electric infrastructure or of defense critical
electric infrastructure, as a result of such act or event; or
``(B)(i) a direct physical attack on critical electric
infrastructure or on defense critical electric
infrastructure; and
``(ii) significant adverse effects on the reliability of
critical electric infrastructure or of defense critical
electric infrastructure as a result of such physical attack.
``(8) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Authority To Address Grid Security Emergency.--
``(1) Authority.--Whenever the President issues and
provides to the Secretary a written

[[Page H8897]]

directive or determination identifying a grid security
emergency, the Secretary may, with or without notice,
hearing, or report, issue such orders for emergency measures
as are necessary in the judgment of the Secretary to protect
or restore the reliability of critical electric
infrastructure or of defense critical electric infrastructure
during such emergency. As soon as practicable but not later
than 180 days after the date of enactment of this section,
the Secretary shall, after notice and opportunity for
comment, establish rules of procedure that ensure that such
authority can be exercised expeditiously.
``(2) Notification of congress.--Whenever the President
issues and provides to the Secretary a written directive or
determination under paragraph (1), the President shall
promptly notify congressional committees of relevant
jurisdiction, including the Committee on Energy and Commerce
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, of the contents of, and
justification for, such directive or determination.
``(3) Consultation.--Before issuing an order for emergency
measures under paragraph (1), the Secretary shall, to the
extent practicable in light of the nature of the grid
security emergency and the urgency of the need for action,
consult with appropriate governmental authorities in Canada
and Mexico, entities described in paragraph (4), the
Electricity Sub-sector Coordinating Council, the Commission,
and other appropriate Federal agencies regarding
implementation of such emergency measures.
``(4) Application.--An order for emergency measures under
this subsection may apply to--
``(A) the Electric Reliability Organization;
``(B) a regional entity; or
``(C) any owner, user, or operator of critical electric
infrastructure or of defense critical electric infrastructure
within the United States.
``(5) Expiration and reissuance.--
``(A) In general.--Except as provided in subparagraph (B),
an order for emergency measures issued under paragraph (1)
shall expire no later than 15 days after its issuance.
``(B) Extensions.--The Secretary may reissue an order for
emergency measures issued under paragraph (1) for subsequent
periods, not to exceed 15 days for each such period, provided
that the President, for each such period, issues and provides
to the Secretary a written directive or determination that
the grid security emergency identified under paragraph (1)
continues to exist or that the emergency measure continues to
be required.
``(6) Cost recovery.--
``(A) Critical electric infrastructure.--If the Commission
determines that owners, operators, or users of critical
electric infrastructure have incurred substantial costs to
comply with an order for emergency measures issued under this
subsection and that such costs were prudently incurred and
cannot reasonably be recovered through regulated rates or
market prices for the electric energy or services sold by
such owners, operators, or users, the Commission shall,
consistent with the requirements of section 205, after notice
and an opportunity for comment, establish a mechanism that
permits such owners, operators, or users to recover such
costs.
``(B) Defense critical electric infrastructure.--To the
extent the owner or operator of defense critical electric
infrastructure is required to take emergency measures
pursuant to an order issued under this subsection, the owners
or operators of a critical defense facility or facilities
designated by the Secretary pursuant to subsection (c) that
rely upon such infrastructure shall bear the full incremental
costs of the measures.
``(7) Temporary access to classified information.--The
Secretary, and other appropriate Federal agencies, shall, to
the extent practicable and consistent with their obligations
to protect classified information, provide temporary access
to classified information related to a grid security
emergency for which emergency measures are issued under
paragraph (1) to key personnel of any entity subject to such
emergency measures to enable optimum communication between
the entity and the Secretary and other appropriate Federal
agencies regarding the grid security emergency.
``(c) Designation of Critical Defense Facilities.--Not
later than 180 days after the date of enactment of this
section, the Secretary, in consultation with other
appropriate Federal agencies and appropriate owners, users,
or operators of infrastructure that may be defense critical
electric infrastructure, shall identify and designate
facilities located in the United States (including the
territories) that are--
``(1) critical to the defense of the United States; and
``(2) vulnerable to a disruption of the supply of electric
energy provided to such facility by an external provider.
The Secretary may, in consultation with appropriate Federal
agencies and appropriate owners, users, or operators of
defense critical electric infrastructure, periodically revise
the list of designated facilities as necessary.
``(d) Protection and Sharing of Critical Electric
Infrastructure Information.--
``(1) Protection of critical electric infrastructure
information.--Critical electric infrastructure information--
``(A) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code; and
``(B) shall not be made available by any Federal, State,
political subdivision or tribal authority pursuant to any
Federal, State, political subdivision or tribal law requiring
public disclosure of information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than one year after
the date of enactment of this section, the Commission, in
consultation with the Secretary of Energy, shall promulgate
such regulations and issue such orders as necessary to--
``(A) designate information as critical electric
infrastructure information;
``(B) prohibit the unauthorized disclosure of critical
electric infrastructure information;
``(C) ensure there are appropriate sanctions in place for
Commissioners, officers, employees, or agents of the
Commission who knowingly and willfully disclose critical
electric infrastructure information in a manner that is not
authorized under this section; and
``(D) taking into account standards of the Electric
Reliability Organization, facilitate voluntary sharing of
critical electric infrastructure information with, between,
and by--
``(i) Federal, State, political subdivision, and tribal
authorities;
``(ii) the Electric Reliability Organization;
``(iii) regional entities;
``(iv) information sharing and analysis centers established
pursuant to Presidential Decision Directive 63;
``(v) owners, operators, and users of critical electric
infrastructure in the United States; and
``(vi) other entities determined appropriate by the
Commission.
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in reviewing
the prudence and cost of investments, determining the rates
and terms of conditions for electric services, and ensuring
the safety and reliability of the bulk-power system and
distribution facilities within their respective
jurisdictions.
``(4) Protocols.--The Commission shall, in consultation
with Canadian and Mexican authorities, develop protocols for
the voluntary sharing of critical electric infrastructure
information with Canadian and Mexican authorities and owners,
operators, and users of the bulk-power system outside the
United States.
``(5) No required sharing of information.--Nothing in this
section shall require a person or entity in possession of
critical electric infrastructure information to share such
information with Federal, State, political subdivision, or
tribal authorities, or any other person or entity.
``(6) Submission of information to congress.--Nothing in
this section shall permit or authorize the withholding of
information from Congress, any committee or subcommittee
thereof, or the Comptroller General.
``(7) Disclosure of nonprotected information.--In
implementing this section, the Commission shall protect from
disclosure only the minimum amount of information necessary
to protect the security and reliability of the bulk-power
system and distribution facilities. The Commission shall
segregate critical electric infrastructure information within
documents and electronic communications, wherever feasible,
to facilitate disclosure of information that is not
designated as critical electric infrastructure information.
``(8) Duration of designation.--Information may not be
designated as critical electric infrastructure information
for longer than 5 years, unless specifically re-designated by
the Commission.
``(9) Removal of designation.--The Commission shall remove
the designation of critical electric infrastructure
information, in whole or in part, from a document or
electronic communication if the Commission determines that
the unauthorized disclosure of such information could no
longer be used to impair the security or reliability of the
bulk-power system or distribution facilities.
``(10) Judicial review of designations.--Notwithstanding
section 313(b), any determination by the Commission
concerning the designation of critical electric
infrastructure information under this subsection shall be
subject to review under chapter 7 of title 5, United States
Code, except that such review shall be brought in the
district court of the United States in the district in which
the complainant resides, or has his principal place of
business, or in the District of Columbia. In such a case the
court shall examine in camera the contents of documents or
electronic communications that are the subject of the
determination under review to determine whether such
documents or any part thereof were improperly designated or
not designated as critical electric infrastructure
information.
``(e) Security Clearances.--The Secretary shall facilitate
and, to the extent practicable, expedite the acquisition of
adequate security clearances by key personnel of any entity
subject to the requirements of this section, to enable
optimum communication with Federal agencies regarding threats
to the security of the critical electric infrastructure. The
Secretary, the Commission, and other appropriate Federal
agencies shall, to the extent practicable and consistent with
their obligations to protect classified and critical electric
infrastructure information, share timely actionable
information regarding grid security with appropriate key
personnel of owners, operators, and users of the critical
electric infrastructure.
``(f) Clarifications of Liability.--
``(1) Compliance with or violation of this act.--Except as
provided in paragraph (4), to the extent any action or
omission taken by an entity that is necessary to comply with
an order for emergency measures issued under subsection
(b)(1), including any action or omission taken to voluntarily
comply with such order, results in noncompliance with, or
causes such entity not to comply with any rule, order,
regulation, or provision of this Act, including any
reliability standard approved by the Commission pursuant to
section 215, such action or omission shall not be considered
a violation of such rule, order, regulation, or provision.
``(2) Relation to section 202(c).--Except as provided in
paragraph (4), an action or omission taken by an owner,
operator, or user of critical

[[Page H8898]]

electric infrastructure or of defense critical electric
infrastructure to comply with an order for emergency measures
issued under subsection (b)(1) shall be treated as an action
or omission taken to comply with an order issued under
section 202(c) for purposes of such section.
``(3) Sharing or receipt of information.--No cause of
action shall lie or be maintained in any Federal or State
court for the sharing or receipt of information under, and
that is conducted in accordance with, subsection (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed to require dismissal of a cause of action
against an entity that, in the course of complying with an
order for emergency measures issued under subsection (b)(1)
by taking an action or omission for which they would be
liable but for paragraph (1) or (2), takes such action or
omission in a grossly negligent manner.''.
(b) Conforming Amendments.--
(1) Jurisdiction.--Section 201(b)(2) of the Federal Power
Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,''
after ``215,'' each place it appears.
(2) Public utility.--Section 201(e) of the Federal Power
Act (16 U.S.C. 824(e)) is amended by inserting ``215A,''
after ``215,''.

SEC. 1105. STRATEGIC TRANSFORMER RESERVE.

(a) Finding.--Congress finds that the storage of
strategically located spare large power transformers and
emergency mobile substations will reduce the vulnerability of
the United States to multiple risks facing electric grid
reliability, including physical attack, cyber attack,
electromagnetic pulse, geomagnetic disturbances, severe
weather, and seismic events.
(b) Definitions.--In this section:
(1) Bulk-power system.--The term ``bulk-power system'' has
the meaning given such term in section 215(a) of the Federal
Power Act (16 U.S.C. 824o(a)).
(2) Critically damaged large power transformer.--The term
``critically damaged large power transformer'' means a large
power transformer that--
(A) has sustained extensive damage such that--
(i) repair or refurbishment is not economically viable; or
(ii) the extensive time to repair or refurbish the large
power transformer would create an extended period of
instability in the bulk-power system; and
(B) prior to sustaining such damage, was part of the bulk-
power system.
(3) Critical electric infrastructure.--The term ``critical
electric infrastructure'' has the meaning given that term in
section 215A of the Federal Power Act.
(4) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given such term in
section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
(5) Emergency mobile substation.--The term ``emergency
mobile substation'' means a mobile substation or mobile
transformer that is--
(A) assembled and permanently mounted on a trailer that is
capable of highway travel and meets relevant Department of
Transportation regulations; and
(B) intended for express deployment and capable of being
rapidly placed into service.
(6) Large power transformer.--The term ``large power
transformer'' means a power transformer with a maximum
nameplate rating of 100 megavolt-amperes or higher, including
related critical equipment, that is, or is intended to be, a
part of the bulk-power system.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(8) Spare large power transformer.--The term ``spare large
power transformer'' means a large power transformer that is
stored within the Strategic Transformer Reserve to be
available to temporarily replace a critically damaged large
power transformer.
(c) Strategic Transformer Reserve Plan.--
(1) Plan.--Not later than one year after the date of
enactment of this Act, the Secretary, acting through the
Office of Electricity Delivery and Energy Reliability, shall,
in consultation with the Federal Energy Regulatory
Commission, the Electricity Sub-sector Coordinating Council,
the Electric Reliability Organization, and owners and
operators of critical electric infrastructure and defense and
military installations, prepare and submit to Congress a plan
to establish a Strategic Transformer Reserve for the storage,
in strategically located facilities, of spare large power
transformers and emergency mobile substations in sufficient
numbers to temporarily replace critically damaged large power
transformers and substations that are critical electric
infrastructure or serve defense and military installations.
(2) Inclusions.--The Strategic Transformer Reserve plan
shall include a description of--
(A) the appropriate number and type of spare large power
transformers necessary to provide or restore sufficient
resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations to
mitigate significant impacts to the electric grid resulting
from--
(i) physical attack;
(ii) cyber attack;
(iii) electromagnetic pulse attack;
(iv) geomagnetic disturbances;
(v) severe weather; or
(vi) seismic events;
(B) other critical electric grid equipment for which an
inventory of spare equipment, including emergency mobile
substations, is necessary to provide or restore sufficient
resiliency to the bulk-power system, critical electric
infrastructure, and defense and military installations;
(C) the degree to which utility sector actions or
initiatives, including individual utility ownership of spare
equipment, joint ownership of spare equipment inventory,
sharing agreements, or other spare equipment reserves or
arrangements, satisfy the needs identified under
subparagraphs (A) and (B);
(D) the potential locations for, and feasibility and
appropriate number of, strategic storage locations for
reserve equipment, including consideration of--
(i) the physical security of such locations;
(ii) the protection of the confidentiality of such
locations; and
(iii) the proximity of such locations to sites of
potentially critically damaged large power transformers and
substations that are critical electric infrastructure or
serve defense and military installations, so as to enable
efficient delivery of equipment to such sites;
(E) the necessary degree of flexibility of spare large
power transformers to be included in the Strategic
Transformer Reserve to conform to different substation
configurations, including consideration of transformer--
(i) power and voltage rating for each winding;
(ii) overload requirements;
(iii) impedance between windings;
(iv) configuration of windings; and
(v) tap requirements;
(F) an estimate of the direct cost of the Strategic
Transformer Reserve, as proposed, including--
(i) the cost of storage facilities;
(ii) the cost of the equipment; and
(iii) management, maintenance, and operation costs;
(G) the funding options available to establish, stock,
manage, and maintain the Strategic Transformer Reserve,
including consideration of fees on owners and operators of
bulk-power system facilities, critical electric
infrastructure, and defense and military installations
relying on the Strategic Transformer Reserve, use of Federal
appropriations, and public-private cost-sharing options;
(H) the ease and speed of transportation, installation, and
energization of spare large power transformers to be included
in the Strategic Transformer Reserve, including consideration
of factors such as--
(i) transformer transportation weight;
(ii) transformer size;
(iii) topology of critical substations;
(iv) availability of appropriate transformer mounting pads;
(v) flexibility of the spare large power transformers as
described in subparagraph (E); and
(vi) ability to rapidly transition a spare large power
transformer from storage to energization;
(I) eligibility criteria for withdrawal of equipment from
the Strategic Transformer Reserve;
(J) the process by which owners or operators of critically
damaged large power transformers or substations that are
critical electric infrastructure or serve defense and
military installations may apply for a withdrawal from the
Strategic Transformer Reserve;
(K) the process by which equipment withdrawn from the
Strategic Transformer Reserve is returned to the Strategic
Transformer Reserve or is replaced;
(L) possible fees to be paid by users of equipment
withdrawn from the Strategic Transformer Reserve;
(M) possible fees to be paid by owners and operators of
large power transformers and substations that are critical
electric infrastructure or serve defense and military
installations to cover operating costs of the Strategic
Transformer Reserve;
(N) the domestic and international large power transformer
supply chain;
(O) the potential reliability, cost, and operational
benefits of including emergency mobile substations in any
Strategic Transformer Reserve established under this section;
and
(P) other considerations for designing, constructing,
stocking, funding, and managing the Strategic Transformer
Reserve.
(d) Establishment.--The Secretary may establish a Strategic
Transformer Reserve in accordance with the plan prepared
pursuant to subsection (c) after the date that is 6 months
after the date on which such plan is submitted to Congress.
(e) Disclosure of Information.--Any information included in
the Strategic Transformer Reserve plan, or shared in the
preparation and development of such plan, the disclosure of
which could cause harm to critical electric infrastructure,
shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code, and any State, tribal, or local
law requiring disclosure of information or records.

SEC. 1106. CYBER SENSE.

(a) In General.--The Secretary of Energy shall establish a
voluntary Cyber Sense program to identify and promote cyber-
secure products intended for use in the bulk-power system, as
defined in section 215(a) of the Federal Power Act (16 U.S.C.
824o(a)).
(b) Program Requirements.--In carrying out subsection (a),
the Secretary of Energy shall--
(1) establish a Cyber Sense testing process to identify
products and technologies intended for use in the bulk-power
system, including products relating to industrial control
systems, such as supervisory control and data acquisition
systems;
(2) for products tested and identified under the Cyber
Sense program, establish and maintain cybersecurity
vulnerability reporting processes and a related database;
(3) promulgate regulations regarding vulnerability
reporting processes for products tested and identified under
the Cyber Sense program;
(4) provide technical assistance to utilities, product
manufacturers, and other electric sector stakeholders to
develop solutions to mitigate identified vulnerabilities in
products tested and identified under the Cyber Sense program;
(5) biennially review products tested and identified under
the Cyber Sense program for vulnerabilities and provide
analysis with respect

[[Page H8899]]

to how such products respond to and mitigate cyber threats;
(6) develop procurement guidance for utilities for products
tested and identified under the Cyber Sense program;
(7) provide reasonable notice to the public, and solicit
comments from the public, prior to establishing or revising
the Cyber Sense testing process;
(8) oversee Cyber Sense testing carried out by third
parties; and
(9) consider incentives to encourage the use in the bulk-
power system of products tested and identified under the
Cyber Sense program.
(c) Disclosure of Information.--Any vulnerability reported
pursuant to regulations promulgated under subsection (b)(3),
the disclosure of which could cause harm to critical electric
infrastructure (as defined in section 215A of the Federal
Power Act), shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code, and any State,
tribal, or local law requiring disclosure of information or
records.
(d) Federal Government Liability.--Consistent with other
voluntary Federal Government certification programs, nothing
in this section shall be construed to authorize the
commencement of an action against the United States
Government with respect to the testing and identification of
a product under the Cyber Sense program.

SEC. 1107. STATE COVERAGE AND CONSIDERATION OF PURPA
STANDARDS FOR ELECTRIC UTILITIES.

(a) State Consideration of Resiliency and Advanced Energy
Analytics Technologies and Reliable Generation.--
(1) Consideration.--Section 111(d) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is
amended by adding the following at the end:
``(20) Improving the resilience of electric
infrastructure.--
``(A) In general.--Each electric utility shall develop a
plan to use resiliency-related technologies, upgrades,
measures, and other approaches designed to improve the
resilience of electric infrastructure, mitigate power
outages, continue delivery of vital services, and maintain
the flow of power to facilities critical to public health,
safety, and welfare, to the extent practicable using the most
current data, metrics, and frameworks related to current and
future threats, including physical and cyber attacks,
electromagnetic pulse attacks, geomagnetic disturbances,
seismic events, and severe weather and other environmental
stressors.
``(B) Resiliency-related technologies.--For purposes of
this paragraph, examples of resiliency-related technologies,
upgrades, measures, and other approaches include--
``(i) hardening, or other enhanced protection, of utility
poles, wiring, cabling, and other distribution components,
facilities, or structures;
``(ii) advanced grid technologies capable of isolating or
repairing problems remotely, such as advanced metering
infrastructure, high-tech sensors, grid monitoring and
control systems, and remote reconfiguration and redundancy
systems;
``(iii) cybersecurity products and components;
``(iv) distributed generation, including back-up generation
to power critical facilities and essential services, and
related integration components, such as advanced inverter
technology;
``(v) microgrid systems, including hybrid microgrid systems
for isolated communities;
``(vi) combined heat and power;
``(vii) waste heat resources;
``(viii) non-grid-scale energy storage technologies;
``(ix) wiring, cabling, and other distribution components,
including submersible distribution components, and
enclosures;
``(x) electronically controlled reclosers and similar
technologies for power restoration, including emergency
mobile substations, as defined in section 1105 of the North
American Energy Security and Infrastructure Act of 2015;
``(xi) advanced energy analytics technology, such as
Internet-based and cloud-based computing solutions and
subscription licensing models;
``(xii) measures that enhance resilience through planning,
preparation, response, and recovery activities;
``(xiii) operational capabilities to enhance resilience
through rapid response recovery; and
``(xiv) measures to ensure availability of key critical
components through contracts, cooperative agreements,
stockpiling and prepositioning, or other measures.
``(C) Rate recovery.--Each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) shall consider authorizing each such electric
utility to recover any capital, operating expenditure, or
other costs of the electric utility related to the
procurement, deployment, or use of resiliency-related
technologies, including a reasonable rate of return on the
capital expenditures of the electric utility for the
procurement, deployment, or use of resiliency-related
technologies.
``(21) Promoting investments in advanced energy analytics
technology.--
``(A) In general.--Each electric utility shall develop and
implement a plan for deploying advanced energy analytics
technology.
``(B) Rate recovery.--Each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) shall consider confirming and clarifying, if
necessary, that each such electric utility is authorized to
recover the costs of the electric utility relating to the
procurement, deployment, or use of advanced energy analytics
technology, including a reasonable rate of return on all such
costs incurred by the electric utility for the procurement,
deployment, or use of advanced energy analytics technology,
provided such technology is used by the electric utility for
purposes of realizing operational efficiencies, cost savings,
enhanced energy management and customer engagement,
improvements in system reliability, safety, and
cybersecurity, or other benefits to ratepayers.
``(C) Advanced energy analytics technology.--For purposes
of this paragraph, examples of advanced energy analytics
technology include Internet-based and cloud-based computing
solutions and subscription licensing models, including
software as a service that uses cyber-physical systems to
allow the correlation of data aggregated from appropriate
data sources and smart grid sensor networks, employs
analytics and machine learning, or employs other advanced
computing solutions and models.
``(22) Assuring electric reliability with reliable
generation.--
``(A) Assurance of electric reliability.--Each electric
utility shall adopt or modify policies to ensure that such
electric utility incorporates reliable generation into its
integrated resource plan to assure the availability of
electric energy over a 10-year planning period.
``(B) Reliable generation.--For purposes of this paragraph,
`reliable generation' means electric generation facilities
with reliability attributes that include--
``(i)(I) possession of adequate fuel on-site to enable
operation for an extended period of time;
``(II) the operational ability to generate electric energy
from more than one source; or
``(III) fuel certainty, through firm contractual
obligations, that ensures adequate fuel supply to enable
operation, for an extended period of time, for the duration
of an emergency or severe weather conditions;
``(ii) operational characteristics that enable the
generation of electric energy for the duration of an
emergency or severe weather conditions; and
``(iii) unless procured through other procurement
mechanisms, essential reliability services, including
frequency support and regulation services.
``(23) Subsidization of customer-side technology.--
``(A) Consideration.--To the extent that a State regulatory
authority may require or allow rates charged by any electric
utility for which it has ratemaking authority to electric
consumers that do not use a customer-side technology to
include any cost, fee, or charge that directly or indirectly
cross-subsidizes the deployment, construction, maintenance,
or operation of that customer-side technology, such authority
shall evaluate whether subsidizing the deployment,
construction, maintenance, or operation of a customer-side
technology would--
``(i) result in benefits predominately enjoyed by only the
users of that customer-side technology;
``(ii) shift costs of a customer-side technology to
electricity consumers that do not use that customer-side
technology, particularly where disparate economic or resource
conditions exist among the electricity consumers cross-
subsidizing the costumer-side technology;
``(iii) negatively affect resource utilization, fuel
diversity, or grid security;
``(iv) provide any unfair competitive advantage to market
the customer-side technology; and
``(v) be necessary to fulfill an obligation to serve
electric consumers.
``(B) Public notice.--Each State regulatory authority shall
make available to the public the evaluation completed under
subparagraph (A) at least 90 days prior to any proceedings in
which such authority considers the cross-subsidization of a
customer-side technology.
``(C) Customer-side technology.--For purposes of this
paragraph, the term `customer-side technology' means a device
connected to the electricity distribution system--
``(i) at, or on the customer side of, the meter; or
``(ii) that, if owned or operated by or on behalf of an
electric utility, would otherwise be at, or on the customer
side of, the meter.''.
(2) Compliance.--
(A) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is
amended by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility, as
applicable, shall commence the consideration referred to in
section 111, or set a hearing date for consideration, with
respect to the standards established by paragraphs (20),
(22), and (23) of section 111(d).
``(B) Not later than 2 years after the date of the
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility,
as applicable, shall complete the consideration, and shall
make the determination, referred to in section 111 with
respect to each standard established by paragraphs (20),
(22), and (23) of section 111(d).
``(8)(A) Not later than 6 months after the date of
enactment of this paragraph, each State regulatory authority
(with respect to each electric utility for which it has
ratemaking authority) and each nonregulated electric utility
shall commence the consideration referred to in section 111,
or set a hearing date for consideration, with respect to the
standard established by paragraph (21) of section 111(d).
``(B) Not later than 1 year after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which it has ratemaking
authority) and each nonregulated electric utility shall
complete the consideration, and shall make the determination,
referred to in section 111 with respect to the standard
established by paragraph (21) of section 111(d).''.
(B) Failure to comply.--Section 112(c) of the Public
Utility Regulatory Policies Act of

[[Page H8900]]

1978 (16 U.S.C. 2622(c)) is amended by adding the following
at the end: ``In the case of the standards established by
paragraphs (20) through (23) of section 111(d), the reference
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 such paragraphs.''.
(C) Prior state actions.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
by adding at the end the following new subsection:
``(g) Prior State Actions.--Subsections (b) and (c) of this
section shall not apply to a standard established by
paragraph (20), (21), (22), or (23) of section 111(d) in the
case of any electric utility in a State if--
``(1) before the date of enactment of this subsection, the
State has implemented for such utility the standard concerned
(or a comparable standard);
``(2) the State regulatory authority for such State or
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard
concerned (or a comparable standard) for such utility during
the 3-year period ending on the date of enactment of this
subsection; or
``(3) the State legislature has voted on the implementation
of the standard concerned (or a comparable standard) for such
utility during the 3-year period ending on the date of
enactment of this subsection.''.
(b) Coverage for Competitive Markets.--Section 102 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2612) is amended by adding at the end the following:
``(d) Coverage for Competitive Markets.--The requirements
of this title do not apply to the operations of an electric
utility, or to proceedings respecting such operations, to the
extent that such operations or proceedings, or any portion
thereof, relate to the competitive sale of retail electric
energy that is unbundled or separated from the regulated
provision or sale of distribution service.''.

SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RULES THAT AFFECT
ELECTRIC GENERATING FACILITIES.

(a) Applicability.--This section shall apply with respect
to any proposed or final covered rule issued by a Federal
agency for which compliance with the rule may impact an
electric utility generating unit or units, including by
resulting in closure or interruption to operations of such a
unit or units.
(b) Reliability Analysis.--
(1) Analysis of rules.--The Federal Energy Regulatory
Commission, in consultation with the Electric Reliability
Organization, shall conduct an independent reliability
analysis of a proposed or final covered rule under this
section to evaluate the anticipated effects of implementation
and enforcement of the rule on--
(A) electric reliability and resource adequacy;
(B) the electricity generation portfolio of the United
States;
(C) the operation of wholesale electricity markets; and
(D) energy delivery and infrastructure, including electric
transmission facilities and natural gas pipelines.
(2) Relevant information.--
(A) Materials from federal agencies.--A Federal agency
shall provide to the Commission materials and information
relevant to the analysis required under paragraph (1) for a
rule, including relevant data, modeling, and resource
adequacy and reliability assessments, prepared or relied upon
by such agency in developing the rule.
(B) Analyses from other entities.--The Electric Reliability
Organization, regional entities, regional transmission
organizations, independent system operators, and other
reliability coordinators and planning authorities shall
timely conduct analyses and provide such information as may
be reasonably requested by the Commission.
(3) Notice.--A Federal agency shall provide to the
Commission notice of the issuance of any proposed or final
covered rule not later than 15 days after the date of such
issuance.
(c) Proposed Rules.--Not later than 150 days after the date
of publication in the Federal Register of a proposed rule
described in subsection (a), the Federal Energy Regulatory
Commission shall make available to the public an analysis of
the proposed rule conducted in accordance with subsection
(b), and any relevant special assessment or seasonal or long-
term reliability assessment completed by the Electric
Reliability Organization.
(d) Final Rules.--
(1) Inclusion.--A final rule described in subsection (a)
shall include, if available at the time of issuance, a copy
of the analysis conducted pursuant to subsection (c) of the
rule as proposed.
(2) Analysis.--Not later than 120 days after the date of
publication in the Federal Register of a final rule described
in subsection (a), the Federal Energy Regulatory Commission
shall make available to the public an analysis of the final
rule conducted in accordance with subsection (b), and any
relevant special assessment or seasonal or long-term
reliability assessment completed by the Electric Reliability
Organization.
(e) Definitions.--In this section:
(1) Electric reliability organization.--The term ``Electric
Reliability Organization'' has the meaning given to such term
in section 215(a) of the Federal Power Act (16 U.S.C.
824o(a)).
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551 of title 5,
United States Code.
(3) Covered rule.--The term ``covered rule'' means a
proposed or final rule that is estimated by the Federal
agency issuing the rule, or the Director of the Office of
Management and Budget, to result in an annual effect on the
economy of $1,000,000,000 or more.

SEC. 1109. CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION
TECHNOLOGIES.

(a) Amendments to the Energy Policy Act of 2005.--
(1) Fossil energy.--Section 961(a) of the Energy Policy Act
of 2005 (42 U.S.C. 16291(a)) is amended by adding at the end
the following:
``(8) Improving the conversion, use, and storage of carbon
dioxide produced from fossil fuels.''.
(2) Coal and related technologies program.--Section
962(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(1)) is amended--
(A) by striking ``during each of calendar years 2008, 2010,
2012, and 2016, and during each fiscal year beginning after
September 30, 2021,'' and inserting ``during each fiscal year
beginning after September 30, 2016,'';
(B) by inserting ``allow for large-scale demonstration
and'' after ``technologies that would''; and
(C) by inserting ``commercial use,'' after ``use of coal
for''.
(b) Increased Accountability With Respect to Carbon
Capture, Utilization, and Sequestration Projects.--
(1) DOE evaluation.--
(A) In general.--The Secretary of Energy (in this
subsection referred to as the ``Secretary'') shall, in
accordance with this subsection, annually conduct an
evaluation, and make recommendations, with respect to each
project conducted by the Secretary for research, development,
demonstration, or deployment of carbon capture, utilization,
and sequestration technologies (also known as carbon capture
and storage and utilization technologies).
(B) Scope.--For purposes of this subsection, a project
includes any contract, lease, cooperative agreement, or other
similar transaction with a public agency or private
organization or person, entered into or performed, or any
payment made, by the Secretary for research, development,
demonstration, or deployment of carbon capture, utilization,
and sequestration technologies.
(2) Requirements for evaluation.--In conducting an
evaluation of a project under this subsection, the Secretary
shall--
(A) examine if the project has made advancements toward
achieving any specific goal of the project with respect to a
carbon capture, utilization, and sequestration technology;
and
(B) evaluate and determine if the project has made
significant progress in advancing a carbon capture,
utilization, and sequestration technology.
(3) Recommendations.--For each evaluation of a project
conducted under this subsection, if the Secretary determines
that--
(A) significant progress in advancing a carbon capture,
utilization, and sequestration technology has been made, the
Secretary shall assess the funding of the project and make a
recommendation as to whether increased funding is necessary
to advance the project; or
(B) significant progress in advancing a carbon capture,
utilization, and sequestration technology has not been made,
the Secretary shall--
(i) assess the funding of the project and make a
recommendation as to whether increased funding is necessary
to advance the project;
(ii) assess and determine if the project has reached its
full potential; and
(iii) make a recommendation as to whether the project
should continue.
(4) Reports.--
(A) Report on evaluations and recommendations.--Not later
than 2 years after the date of enactment of this Act, and
every 2 years thereafter, the Secretary shall--
(i) issue a report on the evaluations conducted and
recommendations made during the previous year pursuant to
this subsection; and
(ii) make each such report available on the Internet
website of the Department of Energy.
(B) Report.--Not later than 2 years after the date of
enactment of this Act, and every 3 years thereafter, the
Secretary shall submit to the Subcommittee on Energy and
Power of the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report on--
(i) the evaluations conducted and recommendations made
during the previous 3 years pursuant to this subsection; and
(ii) the progress of the Department of Energy in advancing
carbon capture, utilization, and sequestration technologies,
including progress in achieving the Department of Energy's
goal of having an array of advanced carbon capture and
sequestration technologies ready by 2020 for large-scale
demonstration.

SEC. 1110. RELIABILITY AND PERFORMANCE ASSURANCE IN REGIONAL
TRANSMISSION ORGANIZATIONS.

Part II of the Federal Power Act (16 U.S.C. 824 et seq.),
as amended by section 1104, is further amended by adding
after section 215A the following new section:

``SEC. 215B. RELIABILITY AND PERFORMANCE ASSURANCE IN
REGIONAL TRANSMISSION ORGANIZATIONS.

``(a) Existing Capacity Markets.--
``(1) Analysis concerning capacity market design.--Not
later than 180 days after the date of enactment of this
section, each Regional Transmission Organization, and each
Independent System Operator, that operates a capacity market,
or a comparable market intended to ensure the procurement and
availability of sufficient future electric energy resources,
that is subject to the jurisdiction of the Commission, shall
provide to the Commission an analysis of how the structure of
such market meets the following criteria:
``(A) The structure of such market utilizes competitive
market forces to the extent practicable in procuring capacity
resources.

[[Page H8901]]

``(B) Consistent with subparagraph (A), the structure of
such market includes resource-neutral performance criteria
that ensure the procurement of sufficient capacity from
physical generation facilities that have reliability
attributes that include--
``(i)(I) possession of adequate fuel on-site to enable
operation for an extended period of time;
``(II) the operational ability to generate electric energy
from more than one fuel source; or
``(III) fuel certainty, through firm contractual
obligations, that ensures adequate fuel supply to enable
operation, for an extended period of time, for the duration
of an emergency or severe weather conditions;
``(ii) operational characteristics that enable the
generation of electric energy for the duration of an
emergency or severe weather conditions; and
``(iii) unless procured through other markets or
procurement mechanisms, essential reliability services,
including frequency support and regulation services.
``(2) Commission evaluation and report.--Not later than 1
year after the date of enactment of this section, the
Commission shall make publicly available, and submit to the
Committee on Energy and Commerce in the House of
Representatives and the Committee on Energy and Natural
Resources in the Senate, a report containing--
``(A) evaluation of whether the structure of each market
addressed in an analysis submitted pursuant to paragraph (1)
meets the criteria under such paragraph, based on the
analysis; and
``(B) to the extent a market so addressed does not meet
such criteria, any recommendations with respect to the
procurement of sufficient capacity, as described in paragraph
(1)(B).
``(b) Commission Evaluation and Report for New Schedules.--
``(1) Inclusion of analysis in filing.--Except as provided
in subsection (a)(2), whenever a Regional Transmission
Organization or Independent System Operator files a new
schedule under section 205 to establish a market described in
subsection (a)(1), or that substantially modifies the
capacity market design of a market described in subsection
(a)(1), the Regional Transmission Organization or Independent
System Operator shall include in any such filing the analysis
required by subsection (a)(1).
``(2) Evaluation and report.--Not later than 180 days of
receiving an analysis under paragraph (1), the Commission
shall make publicly available, and submit to the Committee on
Energy and Commerce in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate, a
report containing--
``(A) an evaluation of whether the structure of the market
addressed in the analysis meets the criteria under subsection
(a)(1), based on the analysis; and
``(B) to the extent the market does not meet such criteria,
any recommendations with respect to the procurement of
sufficient capacity, as described in subsection (a)(1)(B).
``(c) Effect on Existing Approvals.--Nothing in this
section shall be considered to--
``(1) require a modification of the Commission's approval
of the capacity market design approved pursuant to docket
numbers ER15-623-000, EL15-29-000, EL14-52-000, and ER14-
2419-000; or
``(2) provide grounds for the Commission to grant rehearing
or otherwise modify orders issued in those dockets.''.

Subtitle B--Energy Security and Infrastructure Modernization

SEC. 1201. ENERGY SECURITY AND INFRASTRUCTURE MODERNIZATION
FUND.

(a) Establishment.--There is hereby established in the
Treasury of the United States a fund to be known as the
Energy Security and Infrastructure Modernization Fund
(referred to in this section as the ``Fund''), consisting
of--
(1) collections deposited in the Fund under subsection (c);
and
(2) amounts otherwise appropriated to the Fund.
(b) Purpose.--The purpose of the Fund is--
(1) to provide for the construction, maintenance, repair,
and replacement of Strategic Petroleum Reserve facilities;
and
(2) for carrying out non-Strategic Petroleum Reserve
projects needed to enhance the energy security of the United
States by increasing the resilience, reliability, safety, and
security of energy supply, transmission, storage, or
distribution infrastructure.
(c) Collection and Deposit of Sale Proceeds in Fund.--
(1) Drawdown and sale.--Notwithstanding section 161 of the
Energy Policy and Conservation Act (42 U.S.C. 6241), to the
extent provided in advance in appropriation Acts, the
Secretary of Energy shall draw down and sell crude oil from
the Strategic Petroleum Reserve in amounts as authorized
under subsection (e), except as provided in paragraphs (2)
and (3). Amounts received for a sale under this subsection
shall be deposited into the Fund during the fiscal year in
which the sale occurs. Such amounts shall remain available in
the Fund without fiscal year limitation.
(2) Emergency protection.--The Secretary shall not draw
down and sell crude oil under this subsection in amounts that
would limit the authority to sell petroleum products under
section 161(h) of the Energy Policy and Conservation Act (42
U.S.C. 6241(h)) in the full amount authorized by that
subsection.
(3) Investment protection.--The Secretary shall not draw
down and sell crude oil under this subsection at a price
lower than the average price paid for oil in the Strategic
Petroleum Reserve.
(d) Authorized Uses of Fund.--
(1) In general.--Amounts in the Fund may be used for, or
may be credited as offsetting collections for amounts used
for, carrying out the programs described in paragraphs (2),
(3), and (4), to the extent provided in advance in
appropriation Acts.
(2) Program to modernize the strategic petroleum reserve.--
(A) Findings.--Congress finds the following:
(i) The Strategic Petroleum Reserve is one of the Nation's
most valuable energy security assets.
(ii) The age and condition of the Strategic Petroleum
Reserve have diminished its value as a Federal energy
security asset.
(iii) Global oil markets and the location and amount of
United States oil production and refining capacity have
dramatically changed in the 40 years since the establishment
of the Strategic Petroleum Reserve.
(iv) Maximizing the energy security value of the Strategic
Petroleum Reserve requires a modernized infrastructure that
meets the drawdown and distribution needs of changed domestic
and international oil and refining market conditions.
(B) Reaffirmation of policy.--Congress reaffirms the
continuing strategic importance and need for the Strategic
Petroleum Reserve as found and declared in section 151 of the
Energy Policy and Conservation Act (42 U.S.C. 6231).
(C) Program.--The Secretary of Energy shall establish a
Strategic Petroleum Reserve modernization program to protect
the United States economy from the impacts of emergency
petroleum product supply disruptions. The program shall
include--
(i) operational improvements to extend the useful life of
surface and subsurface infrastructure;
(ii) maintenance of cavern storage integrity; and
(iii) addition of infrastructure and facilities to maximize
the drawdown and incremental distribution capacity of the
Strategic Petroleum Reserve.
(3) Program to enhance safety, performance, and resilience
of natural gas distribution systems.--
(A) Program.--The Secretary of Energy shall establish a
grant program to provide financial assistance to States to
offset the incremental rate increases paid by eligible
households resulting from the implementation of State-
approved infrastructure replacement, repair, and maintenance
programs designed to accelerate the necessary replacement,
repair, or maintenance of natural gas distribution systems.
(B) Date of eligibility.--Awards may be provided under this
paragraph to offset rate increases described in subsection
(a) occurring on or after July 1, 2015.
(C) Prioritization.--The Secretary shall collaborate with
States to prioritize the distribution of grants made under
this paragraph. At a minimum, the Secretary shall consider
prioritizing the distribution of grants to States which
have--
(i) authorized or adopted enhanced infrastructure
replacement programs or innovative rate recovery mechanisms,
such as infrastructure cost trackers and riders,
infrastructure base rate surcharges, deferred regulatory
asset programs, and earnings stability mechanisms; and
(ii) a viable means for delivering financial assistance to
eligible households.
(D) Definition.--In this paragraph, the term ``eligible
household'' means a household that is eligible to receive
payments under section 8624(b)(2) of title 42, United States
Code.
(4) Program to enhance electric infrastructure resilience,
reliability, and energy security.--
(A) Program.--The Secretary shall establish a competitive
grant program to provide grants to States, units of local
government, and Indian tribe economic development entities to
enhance energy security through measures for electricity
delivery infrastructure hardening and enhanced resilience and
reliability.
(B) Purpose of grants.--The Secretary may make grants on a
competitive basis to enable broader use of resiliency-related
technologies, upgrades, and institutional measures and
practices designed to--
(i) improve the resilience, reliability, and security of
electricity delivery infrastructure;
(ii) improve preparedness and restoration time to mitigate
power disturbances resulting from physical and cyber attacks,
electromagnetic pulse attacks, geomagnetic disturbances,
seismic events, and severe weather and other environmental
stressors;
(iii) continue delivery of power to facilities critical to
public health, safety, and welfare, including hospitals,
assisted living facilities, and schools;
(iv) continue delivery of power to electricity-dependent
essential services, including fueling stations and pumps,
wastewater and sewage treatment facilities, gas pipeline
infrastructure, communications systems, transportation
services and systems, and services provided by emergency
first responders; and
(v) enhance regional grid resilience and the resilience of
electricity-dependent regional infrastructure.
(C) Examples.--Resiliency-related technologies, upgrades,
and measures with respect to which grants may be made under
this paragraph include--
(i) hardening, or other enhanced protection, of utility
poles, wiring, cabling, and other distribution components,
facilities, or structures;
(ii) advanced grid technologies capable of isolating or
repairing problems remotely, such as advanced metering
infrastructure, high-tech sensors, grid monitoring and
control systems, and remote reconfiguration and redundancy
systems;
(iii) cybersecurity products and components;
(iv) distributed generation, including back-up generation
to power critical facilities and essential services, and
related integration components, such as advanced inverter
technology;

[[Page H8902]]

(v) microgrid systems, including hybrid microgrid systems
for isolated communities;
(vi) combined heat and power;
(vii) waste heat resources;
(viii) non-grid-scale energy storage technologies;
(ix) wiring, cabling, and other distribution components,
including submersible distribution components, and
enclosures;
(x) electronically controlled reclosers and similar
technologies for power restoration, including emergency
mobile substations, as defined in section 1105 of the North
American Energy Security and Infrastructure Act of 2015;
(xi) advanced energy analytics technology, such as
Internet-based and cloud-based computing solutions and
subscription licensing models;
(xii) measures that enhance resilience through planning,
preparation, response, and recovery activities;
(xiii) operational capabilities to enhance resilience
through rapid response recovery; and
(xiv) measures to ensure availability of key critical
components through contracts, cooperative agreements,
stockpiling and prepositioning, or other measures.
(D) Implementation.--Specific projects or programs
established, or to be established, pursuant to awards
provided under this paragraph shall be implemented through
the States by public and publicly regulated entities on a
cost-shared basis.
(E) Cooperation.--In carrying out projects or programs
established, or to be established, pursuant to awards
provided under this paragraph, award recipients shall
cooperate, as applicable, with--
(i) State public utility commissions;
(ii) State energy offices;
(iii) electric infrastructure owners and operators; and
(iv) other entities responsible for maintaining electric
reliability.
(F) Data and metrics.--
(i) In general.--To the extent practicable, award
recipients shall utilize the most current data, metrics, and
frameworks related to--

(I) electricity delivery infrastructure hardening and
enhancing resilience and reliability; and
(II) current and future threats, including physical and
cyber attacks, electromagnetic pulse, geomagnetic
disturbances, seismic events, and severe weather and other
environmental stressors.

(ii) Metrics.--Award recipients shall demonstrate to the
Secretary with measurable and verifiable data how the
deployment of resiliency-related technologies, upgrades, and
technologies achieve improvements in the resiliency and
recovery of electricity delivery infrastructure and related
services, including a comparison of data collected before and
after deployment. Metrics for demonstrating improvements in
resiliency and recovery may include--

(I) power quality during power disturbances when delivered
power does not meet power quality requirements of the
customer;
(II) duration of customer interruptions;
(III) number of customers impacted;
(IV) cost impacts, including business and other economic
losses;
(V) impacts on electricity-dependent essential services and
critical facilities; and
(VI) societal impacts.

(iii) Furthering energy assurance plans.--Award recipients
shall demonstrate to the Secretary how projects or programs
established, or to be established, pursuant to awards
provided under this paragraph further applicable State and
local energy assurance plans.
(G) Matching contributions.--The Secretary may not make a
grant under this paragraph unless the applicant agrees to
make available non-Federal contributions (which may include
in-kind contributions) in an amount not less than 50 percent
of the Federal contribution.
(e) Authorization of Appropriations.--There are authorized
to be appropriated (and drawdowns and sales under subsection
(c) in an equal amount are authorized)--
(1) for carrying out subsection (d)(2), $500,000,000 for
the period encompassing fiscal years 2017 through 2020;
(2) for carrying out subsection (d)(3), $100,000,000 for
the period encompassing fiscal years 2017 through 2020, of
which not more than 5 percent may be used for administrative
expenses; and
(3) for carrying out subsection (d)(4), $250,000,000 for
the period encompassing fiscal years 2017 through 2020, of
which not more than 5 percent may be used for administrative
expenses.
(f) Transmission of Department Budget Requests.--The
Secretary of Energy shall prepare and submit in the
Department's annual budget request to Congress--
(1) an itemization of the amounts of funds necessary to
carry out subsection (d); and
(2) a designation of any activities thereunder for which a
multiyear budget authority would be appropriate.
(g) Sunset.--The authority of the Secretary to drawdown and
sell crude oil from the Strategic Petroleum Reserve under
this section shall expire at the end of fiscal year 2020.

Subtitle C--Hydropower Regulatory Modernization

SEC. 1301. HYDROELECTRIC PRODUCTION AND EFFICIENCY
INCENTIVES.

(a) Hydroelectric Production Incentives.--Section 242 of
the Energy Policy Act of 2005 (42 U.S.C.15881) is amended--
(1) in subsection (c), by striking ``10'' and inserting
``20'';
(2) in subsection (f), by striking ``20'' and inserting
``30''; and
(3) in subsection (g), by striking ``each of the fiscal
years 2006 through 2015'' and inserting ``each of fiscal
years 2016 through 2025''.
(b) Hydroelectric Efficiency Improvement.--Section 243(c)
of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is
amended by striking ``each of the fiscal years 2006 through
2015'' and inserting ``each of fiscal years 2016 through
2025''.

SEC. 1302. PROTECTION OF PRIVATE PROPERTY RIGHTS IN
HYDROPOWER LICENSING.

(a) Licences.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended--
(1) by striking ``and'' after ``recreational
opportunities,''; and
(2) by inserting ``, and minimizing infringement on the
useful exercise and enjoyment of property rights held by
nonlicensees'' after ``aspects of environmental quality''.
(b) Private Landownership.--Section 10 of the Federal Power
Act (16 U.S.C. 803) is amended--
(1) in subsection (a)(1), by inserting ``, including
minimizing infringement on the useful exercise and enjoyment
of property rights held by nonlicensees'' after ``section
4(e)''; and
(2) by adding at the end the following:
``(k) Private Landownership.--In developing any
recreational resource within the project boundary, the
licensee shall consider private landownership as a means to
encourage and facilitate--
``(1) private investment; and
``(2) increased tourism and recreational use.''.

SEC. 1303. EXTENSION OF TIME FOR FERC PROJECT INVOLVING W.
KERR SCOTT DAM.

(a) In General.--Notwithstanding the time period specified
in section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12642, the Commission may, at the
request of the licensee for the project, and after reasonable
notice, in accordance with the good faith, due diligence, and
public interest requirements of that section and the
Commission's procedures under that section, extend the time
period during which the licensee is required to commence the
construction of the project for up to 3 consecutive 2-year
periods from the date of the expiration of the extension
originally issued by the Commission.
(b) Reinstatement of Expired License.--If the period
required for commencement of construction of the project
described in subsection (a) has expired prior to the date of
the enactment of this Act, the Commission may reinstate the
license effective as of the date of its expiration and the
first extension authorized under subsection (a) shall take
effect on the date of such expiration.

SEC. 1304. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is
amended by adding at the end the following:

``SEC. 34. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

``(a) Definition.--In this section, the term `Federal
authorization'--
``(1) means any authorization required under Federal law
with respect to an application for a license, license
amendment, or exemption under this part; and
``(2) includes any permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law to approve or implement the
license, license amendment, or exemption under this part.
``(b) Designation as Lead Agency.--
``(1) In general.--The Commission shall act as the lead
agency for the purposes of coordinating all applicable
Federal authorizations and for the purposes of complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``(2) Other agencies and indian tribes.--
``(A) In general.--Each Federal, State, and local
government agency and Indian tribe considering an aspect of
an application for Federal authorization shall coordinate
with the Commission and comply with the deadline established
in the schedule developed for the project in accordance with
the rule issued by the Commission under subsection (c).
``(B) Identification.--The Commission shall identify, as
early as practicable after it is notified by the applicant of
a project or facility requiring Commission action under this
part, any Federal or State agency, local government, or
Indian tribe that may consider an aspect of an application
for a Federal authorization.
``(C) Notification.--
``(i) In general.--The Commission shall notify any agency
and Indian tribe identified under subparagraph (B) of the
opportunity to participate in the process of reviewing an
aspect of an application for a Federal authorization.
``(ii) Deadline.--Each agency and Indian tribe receiving a
notice under clause (i) shall submit a response acknowledging
receipt of the notice to the Commission within 30 days of
receipt of such notice and request.
``(D) Issue identification and resolution.--
``(i) Identification of issues.--Federal, State, and local
government agencies and Indian tribes that may consider an
aspect of an application for Federal authorization shall
identify, as early as possible, and share with the Commission
and the applicant, any issues of concern identified during
the pendency of the Commission's action under this part
relating to any Federal authorization that may delay or
prevent the granting of such authorization, including any
issues that may prevent the agency or Indian tribe from
meeting the schedule established for the project in
accordance with the rule issued by the Commission under
subsection (c).
``(ii) Issue resolution.--The Commission may forward any
issue of concern identified under clause (i) to the heads of
the relevant

[[Page H8903]]

State and Federal agencies (including, in the case of
scheduling concerns identified by a State or local government
agency or Indian tribe, the Federal agency overseeing the
delegated authority, or the Secretary of the Interior with
regard to scheduling concerns identified by an Indian tribe)
for resolution. The Commission and any relevant agency shall
enter into a memorandum of understanding to facilitate
interagency coordination and resolution of such issues of
concern, as appropriate.
``(c) Schedule.--
``(1) Commission rulemaking to establish process to set
schedule.--Within 180 days of the date of enactment of this
section the Commission shall, in consultation with the
appropriate Federal agencies, issue a rule, after providing
for notice and public comment, establishing a process for
setting a schedule following the filing of an application
under this part for the review and disposition of each
Federal authorization.
``(2) Elements of scheduling rule.--In issuing a rule under
this subsection, the Commission shall ensure that the
schedule for each Federal authorization--
``(A) includes deadlines for actions by--
``(i) any Federal or State agency, local government, or
Indian tribe that may consider an aspect of an application
for the Federal authorization;
``(ii) the applicant;
``(iii) the Commission; and
``(iv) other participants in a proceeding;
``(B) is developed in consultation with the applicant and
any agency and Indian tribe that submits a response under
subsection (b)(2)(C)(ii);
``(C) provides an opportunity for any Federal or State
agency, local government, or Indian tribe that may consider
an aspect of an application for the applicable Federal
authorization to identify and resolve issues of concern, as
provided in subsection (b)(2)(D);
``(D) complies with applicable schedules established under
Federal and State law;
``(E) ensures expeditious completion of all proceedings
required under Federal and State law, to the extent
practicable; and
``(F) facilitates completion of Federal and State agency
studies, reviews, and any other procedures required prior to,
or concurrent with, the preparation of the Commission's
environmental document required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Transmission of Final Schedule.--
``(1) In general.--For each application for a license,
license amendment, or exemption under this part, the
Commission shall establish a schedule in accordance with the
rule issued by the Commission under subsection (c). The
Commission shall publicly notice and transmit the final
schedule to the applicant and each agency and Indian tribe
identified under subsection (b)(2)(B).
``(2) Response.--Each agency and Indian tribe receiving a
schedule under this subsection shall acknowledge receipt of
such schedule in writing to the Commission within 30 days.
``(e) Adherence to Schedule.--All applicants, other
licensing participants, and agencies and tribes considering
an aspect of an application for a Federal authorization shall
meet the deadlines set forth in the schedule established
pursuant to subsection (d)(1).
``(f) Application Processing.--The Commission, Federal,
State, and local government agencies, and Indian tribes may
allow an applicant seeking a Federal authorization to fund a
third-party contractor selected by such agency or tribe to
assist in reviewing the application. All costs of an agency
or tribe incurred pursuant to direct funding by the
applicant, including all costs associated with the third
party contractor, shall not be considered costs of the United
States for the administration of this part under section
10(e).
``(g) Commission Recommendation on Scope of Environmental
Review.--For the purposes of coordinating Federal
authorizations for each project, the Commission shall consult
with and make a recommendation to agencies and Indian tribes
receiving a schedule under subsection (d) on the scope of the
environmental review for all Federal authorizations for such
project. Each Federal and State agency and Indian tribe shall
give due consideration and may give deference to the
Commission's recommendations, to the extent appropriate under
Federal law.
``(h) Failure To Meet Schedule.--A Federal, State, or local
government agency or Indian tribe that anticipates that it
will be unable to complete its disposition of a Federal
authorization by the deadline set forth in the schedule
established under subsection (d)(1) may file for an extension
as provided under section 313(b)(2).
``(i) Consolidated Record.--The Commission shall, with the
cooperation of Federal, State, and local government agencies
and Indian tribes, maintain a complete consolidated record of
all decisions made or actions taken by the Commission or by a
Federal administrative agency or officer (or State or local
government agency or officer or Indian tribe acting under
delegated Federal authority) with respect to any Federal
authorization. Such record shall constitute the record for
judicial review under section 313(b).''.

SEC. 1305. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.

Section 313(b) of the Federal Power Act (16 U.S.C. 825l(b))
is amended--
(1) by striking ``(b) Any party'' and inserting the
following:
``(b) Judicial Review.--
``(1) In general.--Any party''; and
(2) by adding at the end the following:
``(2) Delay of a federal authorization.--Any Federal,
State, or local government agency or Indian tribe that will
not complete its disposition of a Federal authorization by
the deadline set forth in the schedule by the Commission
under section 34 may file for an extension in the United
States court of appeals for any circuit wherein the project
or proposed project is located, or in the United States Court
of Appeals for the District of Columbia. Such petition shall
be filed not later than 30 days prior to such deadline. The
court shall only grant an extension if the agency or tribe
demonstrates, based on the record maintained under section
34, that it otherwise complied with the requirements of
section 34 and that complying with the schedule set by the
Commission would have prevented the agency or tribe from
complying with applicable Federal or State law. If the court
grants the extension, the court shall set a reasonable
schedule and deadline, not to exceed 90 days, for the agency
to act on remand. If the court denies the extension, or if an
agency or tribe does not file for an extension as provided in
this subsection and does not complete its disposition of a
Federal authorization by the applicable deadline, the
Commission and applicant may move forward with the proposed
action.''.

SEC. 1306. LICENSING STUDY IMPROVEMENTS.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1304, is further amended by adding at the
end the following:

``SEC. 35. LICENSING STUDY IMPROVEMENTS.

``(a) In General.--To facilitate the timely and efficient
completion of the license proceedings under this part, the
Commission shall, in consultation with applicable Federal and
State agencies and interested members of the public--
``(1) compile current and accepted best practices in
performing studies required in such license proceedings,
including methodologies and the design of studies to assess
the full range of environmental impacts of a project that
reflect the most recent peer-reviewed science;
``(2) compile a comprehensive collection of studies and
data accessible to the public that could be used to inform
license proceedings under this part; and
``(3) encourage license applicants, agencies, and Indian
tribes to develop and use, for the purpose of fostering
timely and efficient consideration of license applications, a
limited number of open-source methodologies and tools
applicable across a wide array of projects, including water
balance models and streamflow analyses.
``(b) Use of Studies.--To the extent practicable, the
Commission and other Federal, State, and local government
agencies and Indian tribes considering an aspect of an
application for Federal authorization shall use current,
accepted science toward studies and data in support of their
actions. Any participant in a proceeding with respect to a
Federal authorization shall demonstrate a study requested by
the party is not duplicative of current, existing studies
that are applicable to the project.
``(c) Basin-Wide or Regional Review.--The Commission shall
establish a program to develop comprehensive plans, at the
request of project applicants, on a regional or basin-wide
scale, in consultation with the applicants, appropriate
Federal agencies, and affected States, local governments, and
Indian tribes, in basins or regions with respect to which
there are more than one project or application for a project.
Upon such a request, the Commission, in consultation with the
applicants, such Federal agencies, and affected States, local
governments, and Indian tribes, may conduct or commission
regional or basin-wide environmental studies, with the
participation of at least 2 applicants. Any study conducted
under this subsection shall apply only to a project with
respect to which the applicant participates.''.

SEC. 1307. CLOSED-LOOP PUMPED STORAGE PROJECTS.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1306, is further amended by adding at the
end the following:

``SEC. 36. CLOSED-LOOP PUMPED STORAGE PROJECTS.

``(a) Definition.--For purposes of this section, a closed-
loop pumped storage project is a project--
``(1) in which the upper and lower reservoirs do not
impound or directly withdraw water from navigable waters; or
``(2) that is not continuously connected to a naturally
flowing water feature.
``(b) In General.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for closed-loop pumped storage
projects.
``(c) Dam Safety.--Before issuing any license for a closed-
loop pumped storage project, the Commission shall assess the
safety of existing dams and other structures related to the
project (including possible consequences associated with
failure of such structures).
``(d) License Conditions.--With respect to a closed-loop
pumped storage project, the authority of the Commission to
impose conditions on a license under sections 4(e), 10(a),
10(g), and 10(j) shall not apply, and any condition included
in or applicable to a closed-loop pumped storage project
licensed under this section, including any condition or other
requirement of a Federal authorization, shall be limited to
those that are--
``(1) necessary to protect public safety; or
``(2) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources directly caused by the
construction and operation of the project, as compared to the
environmental baseline existing at the time the Commission
completes its environmental review.
``(e) Transfers.--Notwithstanding section 5, and regardless
of whether the holder of a preliminary permit for a closed-
loop pumped storage project claimed municipal preference
under section 7(a) when obtaining the permit, the Commission
may, to facilitate development of a closed-loop pumped
storage project--

[[Page H8904]]

``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality.''.

SEC. 1308. LICENSE AMENDMENT IMPROVEMENTS.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1307, is further amended by adding at the
end the following:

``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.

``(a) Qualifying Project Upgrades.--
``(1) In general.--As provided in this section, the
Commission may approve an application for an amendment to a
license issued under this part for a qualifying project
upgrade.
``(2) Application.--A licensee filing an application for an
amendment to a project license under this section shall
include in such application information sufficient to
demonstrate that the proposed change to the project described
in the application is a qualifying project upgrade.
``(3) Initial determination.--Not later than 15 days after
receipt of an application under paragraph (2), the Commission
shall make an initial determination as to whether the
proposed change to the project described in the application
for a license amendment is a qualifying project upgrade. The
Commission shall publish its initial determination and issue
notice of the application filed under paragraph (2). Such
notice shall solicit public comment on the initial
determination within 45 days.
``(4) Public comment on qualifying criteria.--The
Commission shall accept public comment regarding whether a
proposed license amendment is for a qualifying project
upgrade for a period of 45 days beginning on the date of
publication of a public notice described in paragraph (3),
and shall--
``(A) if no entity contests whether the proposed license
amendment is for a qualifying project upgrade during such
comment period, immediately publish a notice stating that the
initial determination has not been contested; or
``(B) if an entity contests whether the proposed license
amendment is for a qualifying project upgrade during the
comment period, issue a written determination in accordance
with paragraph (5).
``(5) Written determination.--If an entity contests whether
the proposed license amendment is for a qualifying project
upgrade during the comment period under paragraph (4), the
Commission shall, not later than 30 days after the date of
publication of the public notice of the initial determination
under paragraph (3), issue a written determination as to
whether the proposed license amendment is for a qualifying
project upgrade.
``(6) Public comment on amendment application.--If no
entity contests whether the proposed license amendment is for
a qualifying project upgrade during the comment period under
paragraph (4) or the Commission issues a written
determination under paragraph (5) that a proposed license
amendment is a qualifying project upgrade, the Commission
shall--
``(A) during the 60-day period beginning on the date of
publication of a notice under paragraph (4)(A) or the date on
which the Commission issues the written determination under
paragraph (5), as applicable, solicit comments from each
Federal, State, and local government agency and Indian tribe
considering an aspect of an application for Federal
authorization (as defined in section 34) with respect to the
proposed license amendment, as well as other interested
agencies, Indian tribes, and members of the public; and
``(B) during the 90-day period beginning on the date of
publication of a notice under paragraph (4)(A) or the date on
which the Commission issues the written determination under
paragraph (5), as applicable, consult with--
``(i) appropriate Federal agencies and the State agency
exercising administrative control over the fish and wildlife
resources, and water quality and supply, of the State in
which the qualifying project upgrade is located;
``(ii) any Federal department supervising any public lands
or reservations occupied by the qualifying project upgrade;
and
``(iii) any Indian tribe affected by the qualifying project
upgrade.
``(7) Federal authorizations.--The schedule established by
the Commission under section 34 for any project upgrade under
this subsection shall require final disposition on all
necessary Federal authorizations (as defined in section 34),
other than final action by the Commission, by not later than
120 days after the date on which the Commission issues a
notice under paragraph (4)(A) or a written determination
under paragraph (5), as applicable.
``(8) Commission action.--Not later than 150 days after the
date on which the Commission issues a notice under paragraph
(4)(A) or a written determination under paragraph (5), as
applicable, the Commission shall take final action on the
license amendment application.
``(9) License amendment conditions.--Any condition included
in or applicable to a license amendment approved under this
subsection, including any condition or other requirement of a
Federal authorization, shall be limited to those that are--
``(A) necessary to protect public safety; or
``(B) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources, water supply, and water
quality that are directly caused by the construction and
operation of the qualifying project upgrade, as compared to
the environmental baseline existing at the time the
Commission approves the application for the license
amendment.
``(10) Proposed license amendments that are not qualifying
project upgrades.--If the Commission determines under
paragraph (3) or (5) that a proposed license amendment is not
for a qualifying project upgrade, the procedures under
paragraphs (6) through (9) shall not apply to the
application.
``(11) Rulemaking.--Not later than 180 days after the date
of enactment of this section, the Commission shall, after
notice and opportunity for public comment, issue a rule to
implement this subsection.
``(12) Definitions.--For purposes of this subsection:
``(A) Qualifying project upgrade.--The term `qualifying
project upgrade' means a change to a project licensed under
this part that meets the qualifying criteria, as determined
by the Commission.
``(B) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a project license under this part, a
change to the project that--
``(i) if carried out, would be unlikely to adversely affect
any species listed as threatened or endangered under the
Endangered Species Act of 1973 or result in the destruction
or adverse modification of critical habitat, as determined in
consultation with the Secretary of the Interior or Secretary
of Commerce, as appropriate, in accordance with section 7 of
the Endangered Species Act of 1973;
``(ii) is consistent with any applicable comprehensive plan
under section 10(a)(2);
``(iii) includes only changes to project lands, waters, or
operations that, in the judgment of the Commission, would
result in only insignificant or minimal cumulative adverse
environmental effects;
``(iv) would be unlikely to adversely affect water quality
and water supply; and
``(v) proposes to implement--

``(I) capacity increases, efficiency improvements, or other
enhancements to hydropower generation at the licensed
project;
``(II) environmental protection, mitigation, or enhancement
measures to benefit fish and wildlife resources or other
natural and cultural resources; or
``(III) improvements to public recreation at the licensed
project.

``(b) Amendment Approval Processes.--
``(1) Rule.--Not later than 1 year after the date of
enactment of this section, the Commission shall, after notice
and opportunity for public comment, issue a rule establishing
new standards and procedures for license amendment
applications under this part. In issuing such rule, the
Commission shall seek to develop the most efficient and
expedient process, consultation, and review requirements,
commensurate with the scope of different categories of
proposed license amendments. Such rule shall account for
differences in environmental effects across a wide range of
categories of license amendment applications.
``(2) Capacity.--In issuing a rule under this subsection,
the Commission shall take into consideration that a change in
generating or hydraulic capacity may indicate the potential
environmental effects of a proposed amendment but is not
determinative of such effects.
``(3) Process options.--In issuing a rule under this
subsection, the Commission shall take into consideration the
range of process options available under the Commission's
regulations for new and original license applications and
adapt such options to amendment applications, where
appropriate.''.

SEC. 1309. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.), as
amended by section 1308, is further amended by adding at the
end the following:

``SEC. 38. PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING
NONPOWERED DAMS.

``(a) Exemptions for Qualifying Facilities.--
``(1) Exemption qualifications.--Subject to the
requirements of this subsection, the Commission may grant an
exemption in whole or in part from the requirements of this
part, including any license requirements contained in this
part, to any facility the Commission determines is a
qualifying facility.
``(2) Consultation with federal and state agencies.--In
granting any exemption under this subsection, the Commission
shall consult with--
``(A) the United States Fish and Wildlife Service, the
National Marine Fisheries Service, and the State agency
exercising administrative control over the fish and wildlife
resources of the State in which the facility will be located,
in the manner provided by the Fish and Wildlife Coordination
Act;
``(B) any Federal department supervising any public lands
or reservations occupied by the project; and
``(C) any Indian tribe affected by the project.
``(3) Exemption conditions.--
``(A) In general.--The Commission shall include in any
exemption granted under this subsection only such terms and
conditions that the Commission determines are--
``(i) necessary to protect public safety; or
``(ii) reasonable, economically feasible, and essential to
prevent loss of or damage to, or to mitigate adverse effects
on, fish and wildlife resources directly caused by the
construction and operation of the qualifying facility, as
compared to the environmental baseline existing at the time
the Commission grants the exemption.
``(B) No changes to release regime.--No Federal
authorization required with respect to a qualifying facility
described in paragraph (1), including an exemption granted by
the Commission under this subsection, may include any
condition or other requirement that results in any material
change to the storage, control, withdrawal, diversion,
release, or flow operations of the associated qualifying
nonpowered dam.
``(4) Environmental review.--The Commission's environmental
review under the National

[[Page H8905]]

Environmental Policy Act of 1969 of a proposed exemption
under this subsection shall consist only of an environmental
assessment, unless the Commission determines, by rule or
order, that the Commission's obligations under such Act for
granting exemptions under this subsection can be met through
a categorical exclusion.
``(5) Violation of terms of exemption.--Any violation of a
term or condition of any exemption granted under this
subsection shall be treated as a violation of a rule or order
of the Commission under this Act.
``(6) Annual charges for enhancement activities.--Exemptees
under this subsection for any facility located at a non-
Federal dam shall pay to the United States reasonable annual
charges in an amount to be fixed by the Commission for the
purpose of funding environmental enhancement projects in
watersheds in which facilities exempted under this subsection
are located. Such annual charges shall be equivalent to the
annual charges for use of a Government dam under section
10(e), unless the Commission determines, by rule, that a
lower charge is appropriate to protect exemptees' investment
in the project or avoid increasing the price to consumers of
power due to such charges. The proceeds of charges made by
the Commission under this paragraph shall be paid into the
Treasury of the United States and credited to miscellaneous
receipts. Subject to annual appropriation Acts, such proceeds
shall be available to Federal and State fish and wildlife
agencies for purposes of carrying out specific environmental
enhancement projects in watersheds in which one or more
facilities exempted under this subsection are located. Not
later than 180 days after the date of enactment of this
section, the Commission shall establish rules, after notice
and opportunity for public comment, for the collection and
administration of annual charges under this paragraph.
``(7) Effect of jurisdiction.--The jurisdiction of the
Commission over any qualifying facility exempted under this
subsection shall extend only to the qualifying facility
exempted and any associated primary transmission line, and
shall not extend to any conduit, dam, impoundment, shoreline
or other land, or any other project work associated with the
qualifying facility exempted under this subsection.
``(b) Definitions.--For purposes of this section--
``(1) Federal authorization.--The term `Federal
authorization' has the same meaning as provided in section
34.
``(2) Qualifying criteria.--The term `qualifying criteria'
means, with respect to a facility--
``(A) as of the date of enactment of this section, the
facility is not licensed under, or exempted from the license
requirements contained in, this part;
``(B) the facility will be associated with a qualifying
nonpowered dam;
``(C) the facility will be constructed, operated, and
maintained for the generation of electric power;
``(D) the facility will use for such generation any
withdrawals, diversions, releases, or flows from the
associated qualifying nonpowered dam, including its
associated impoundment or other infrastructure; and
``(E) the operation of the facility will not result in any
material change to the storage, control, withdrawal,
diversion, release, or flow operations of the associated
qualifying nonpowered dam.
``(3) Qualifying facility.--The term `qualifying facility'
means a facility that is determined under this section to
meet the qualifying criteria.
``(4) Qualifying nonpowered dam.--The term `qualifying
nonpowered dam' means any dam, dike, embankment, or other
barrier--
``(A) the construction of which was completed on or before
the date of enactment of this section;
``(B) that is operated for the control, release, or
distribution of water for agricultural, municipal,
navigational, industrial, commercial, environmental,
recreational, aesthetic, or flood control purposes;
``(C) that, as of the date of enactment of this section, is
not equipped with hydropower generating works that are
licensed under, or exempted from the license requirements
contained in, this part; and
``(D) that, in the case of a non-Federal dam, has been
certified by an independent consultant approved by the
Commission as complying with the Commission's dam safety
requirements.''.

TITLE II--21ST CENTURY WORKFORCE

SEC. 2001. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.

(a) In General.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall establish and carry
out a comprehensive program to improve education and training
for energy and manufacturing-related jobs in order to
increase the number of skilled workers trained to work in
energy and manufacturing-related fields, including by--
(1) encouraging underrepresented groups, including
religious and ethnic minorities, women, veterans, individuals
with disabilities, and socioeconomically disadvantaged
individuals to enter into the science, technology,
engineering, and mathematics (in this section referred to as
``STEM'') fields;
(2) encouraging the Nation's education system to equip
students with the skills, mentorships, training, and
technical expertise necessary to fill the employment
opportunities vital to managing and operating the Nation's
energy and manufacturing industries;
(3) providing students and other candidates for employment
with the necessary skills and certifications for skilled,
semiskilled, and highly skilled energy and manufacturing-
related jobs; and
(4) strengthening and more fully engaging Department of
Energy programs and labs in carrying out the Department's
Minorities in Energy Initiative.
(b) Priority.--The Secretary shall make educating and
training underrepresented groups for energy and
manufacturing-related jobs a national priority under the
program established under subsection (a).
(c) Direct Assistance.--In carrying out the program
established under subsection (a), the Secretary shall provide
direct assistance (including financial assistance awards,
technical expertise, wraparound services, career coaching,
mentorships, internships, and partnerships) to schools,
community colleges, workforce development organizations,
nonprofit organizations, labor organizations, apprenticeship
programs, and minority serving institutions. The Secretary
shall distribute direct assistance in a manner proportional
to energy and manufacturing industry needs and demand for
jobs, consistent with information obtained under subsections
(e)(3) and (i).
(d) Clearinghouse.--In carrying out the program established
under subsection (a), the Secretary shall establish a
clearinghouse to--
(1) maintain and update information and resources on
training and workforce development programs for energy and
manufacturing-related jobs, including job training and
workforce development programs available to assist displaced
and unemployed energy and manufacturing workers transitioning
to new employment; and
(2) act as a resource, and provide guidance, for schools,
community colleges, universities (including minority serving
institutions), workforce development programs, labor-
management organizations, and industry organizations that
would like to develop and implement energy and manufacturing-
related training programs.
(e) Collaboration.--In carrying out the program established
under subsection (a), the Secretary--
(1) shall collaborate with schools, community colleges,
universities (including minority serving institutions),
workforce-training organizations, national laboratories,
unions, State energy offices, workforce investment boards,
and the energy and manufacturing industries;
(2) shall encourage and foster collaboration, mentorships,
and partnerships among organizations (including unions,
industry, schools, community colleges, workforce-development
organizations, and colleges and universities) that currently
provide effective job training programs in the energy and
manufacturing fields and institutions (including schools,
community colleges, workforce development programs, and
colleges and universities) that seek to establish these types
of programs in order to share best practices and approaches
that best suit local, State, and national needs; and
(3) shall collaborate with the Bureau of Labor Statistics,
the Department of Commerce, the Bureau of the Census, and the
energy and manufacturing industries to develop a
comprehensive and detailed understanding of the energy and
manufacturing workforce needs and opportunities by State and
by region, and publish an annual report on energy and
manufacturing job creation by the sectors enumerated in
subsection (i).
(f) Guidelines for Educational Institutions.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretary, in collaboration with
the Secretary of Education, the Secretary of Commerce, the
Secretary of Labor, the National Science Foundation, and
industry shall develop voluntary guidelines and best
practices for educational institutions of all levels,
including for elementary and secondary schools and community
colleges and for undergraduate, graduate, and postgraduate
university programs, to help provide graduates with the
skills necessary to work in energy and manufacturing-related
jobs.
(2) Input.--The Secretary shall solicit input from the oil,
gas, coal, renewable, nuclear, utility, energy-intensive and
advanced manufacturing, and pipeline industries in developing
guidelines under paragraph (1).
(3) Energy and manufacturing efficiency and conservation
initiatives.--The guidelines developed under paragraph (1)
shall include grade-specific guidelines for teaching energy
and manufacturing efficiency and conservation initiatives to
educate students and families.
(4) STEM education.--The guidelines developed under
paragraph (1) shall promote STEM education as it relates to
job opportunities in energy and manufacturing-related fields
of study in schools, community colleges, and universities
nationally.
(g) Outreach to Minority Serving Institutions.--In carrying
out the program established under subsection (a), the
Secretary shall--
(1) give special consideration to increasing outreach to
minority serving institutions (including historically black
colleges and universities, predominantly black institutions,
Hispanic serving institutions, and tribal institutions);
(2) make resources available to minority serving
institutions with the objective of increasing the number of
skilled minorities and women trained to go into the energy
and manufacturing sectors;
(3) encourage industry to improve the opportunities for
students of minority serving institutions to participate in
industry internships and cooperative work/study programs; and
(4) partner with the Department of Energy laboratories to
increase underrepresented groups' participation in
internships, fellowships, traineeships, and employment at all
Department of Energy laboratories.
(h) Outreach to Displaced and Unemployed Energy and
Manufacturing Workers.--In carrying out the program
established under subsection (a), the Secretary shall--
(1) give special consideration to increasing outreach to
employers and job trainers preparing displaced and unemployed
energy and

[[Page H8906]]

manufacturing workers for emerging energy and manufacturing
jobs;
(2) make resources available to institutions serving
displaced and unemployed energy and manufacturing workers
with the objective of training individuals to re-enter the
energy and manufacturing workforce;
(3) encourage the energy and manufacturing industries to
improve opportunities for displaced and unemployed energy and
manufacturing workers to participate in internships and
cooperative work/study programs; and
(4) work closely with the energy and manufacturing
industries to identify energy and manufacturing operations,
such as coal-fired power plants and coal mines, scheduled for
closure and to provide early intervention assistance to
workers employed at such energy and manufacturing operations
by--
(A) giving special consideration to employers and job
trainers preparing such workers for emerging energy and
manufacturing jobs;
(B) making resources available to institutions serving such
workers with the objective of training them to re-enter the
energy and manufacturing workforce; and
(C) encouraging the energy and manufacturing industries to
improve opportunities for such workers to participate in
internships and cooperative work-study programs.
(i) Guidelines To Develop Skills for an Energy and
Manufacturing Industry Workforce.--In carrying out the
program established under subsection (a), the Secretary shall
collaborate with representatives from the energy and
manufacturing industries (including the oil, gas, coal,
nuclear, utility, pipeline, renewable, petrochemical,
manufacturing, and electrical construction sectors) to
identify the areas of highest need in each sector and to
develop guidelines for the skills necessary to develop a
workforce trained to go into the following sectors of the
energy and manufacturing sectors:
(1) Energy efficiency industry, including work in energy
efficiency, conservation, weatherization, or retrofitting, or
as inspectors or auditors.
(2) Pipeline industry, including work in pipeline
construction and maintenance or work as engineers or
technical advisors.
(3) Utility industry, including work in the generation,
transmission, and distribution of electricity and natural
gas, such as utility technicians, operators, lineworkers,
engineers, scientists, and information technology
specialists.
(4) Alternative fuels, including work in biofuel
development and production.
(5) Nuclear industry, including work as scientists,
engineers, technicians, mathematicians, or security
personnel.
(6) Oil and gas industry, including work as scientists,
engineers, technicians, mathematicians, petrochemical
engineers, or geologists.
(7) Renewable industry, including work in the development,
manufacturing, and production of renewable energy sources
(such as solar, hydropower, wind, or geothermal energy).
(8) Coal industry, including work as coal miners,
engineers, developers and manufacturers of state-of-the-art
coal facilities, technology vendors, coal transportation
workers and operators, or mining equipment vendors.
(9) Manufacturing industry, including work as operations
technicians, operations and design in additive manufacturing,
3-D printing, advanced composites, and advanced aluminum and
other metal alloys, industrial energy efficiency management
systems, including power electronics, and other innovative
technologies.
(10) Chemical manufacturing industry, including work in
construction (such as welders, pipefitters, and tool and die
makers) or as instrument and electrical technicians,
machinists, chemical process operators, chemical engineers,
quality and safety professionals, and reliability engineers.
(j) Enrollment in Training and Apprenticeship Programs.--In
carrying out the program established under subsection (a),
the Secretary shall work with industry, organized labor, and
community-based workforce organizations to help identify
students and other candidates, including from
underrepresented communities such as minorities, women, and
veterans, to enroll into training and apprenticeship programs
for energy and manufacturing-related jobs.

TITLE III--ENERGY SECURITY AND DIPLOMACY

SEC. 3001. SENSE OF CONGRESS.

Congress finds the following:
(1) North America's energy revolution has significantly
enhanced energy security in the United States, and
fundamentally changed the Nation's energy future from that of
scarcity to abundance.
(2) North America's energy abundance has increased global
energy supplies and reduced the price of energy for consumers
in the United States and abroad.
(3) Allies and trading partners of the United States,
including in Europe and Asia, are seeking stable and
affordable energy supplies from North America to enhance
their energy security.
(4) The United States has an opportunity to improve its
energy security and promote greater stability and
affordability of energy supplies for its allies and trading
partners through a more integrated, secure, and competitive
North American energy system.
(5) The United States also has an opportunity to promote
such objectives by supporting the free flow of energy
commodities and more open, transparent, and competitive
global energy markets, and through greater Federal agency
coordination relating to regulations or agency actions that
significantly affect the supply, distribution, or use of
energy.

SEC. 3002. ENERGY SECURITY VALUATION.

(a) Establishment of Energy Security Valuation Methods.--
Not later than one year after the date of enactment of this
Act, the Secretary of Energy, in collaboration with the
Secretary of State, shall develop and transmit, after public
notice and comment, to the Committee on Energy and Commerce
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Foreign Relations of the
Senate a report that develops recommended United States
energy security valuation methods. In developing the report,
the Secretaries may consider the recommendations of the
Administration's Quadrennial Energy Review released on April
21, 2015. The report shall--
(1) evaluate and define United States energy security to
reflect modern domestic and global energy markets and the
collective needs of the United States and its allies and
partners;
(2) identify transparent and uniform or coordinated
procedures and criteria to ensure that energy-related actions
that significantly affect the supply, distribution, or use of
energy are evaluated with respect to their potential impact
on energy security, including their impact on--
(A) consumers and the economy;
(B) energy supply diversity and resiliency;
(C) well-functioning and competitive energy markets;
(D) United States trade balance; and
(E) national security objectives; and
(3) include a recommended implementation strategy that
identifies and aims to ensure that the procedures and
criteria referred to in paragraph (2) are--
(A) evaluated consistently across the Federal Government;
and
(B) weighed appropriately and balanced with environmental
considerations required by Federal law.
(b) Participation.--In developing the report referred to in
subsection (a), the Secretaries may consult with relevant
Federal, State, private sector, and international
participants, as appropriate and consistent with applicable
law.

SEC. 3003. NORTH AMERICAN ENERGY SECURITY PLAN.

(a) Requirement.--Not later than one year after the date of
enactment of this Act, the Secretary of Energy, in
collaboration with the Secretary of State, shall develop and
transmit to the Committee on Energy and Commerce and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Energy and Natural Resources and the
Committee on Foreign Relations of the Senate the plan
described in subsection (b).
(b) Purpose.--The plan referred to in subsection (a) shall
include--
(1) a recommended framework and implementation strategy
to--
(A) improve planning and coordination with Canada and
Mexico to enhance energy integration, strengthen North
American energy security, and promote efficiencies in the
exploration, production, storage, supply, distribution,
marketing, pricing, and regulation of North American energy
resources; and
(B) address--
(i) North American energy public data, statistics, and
mapping collaboration;
(ii) responsible and sustainable best practices for the
development of unconventional oil and natural gas; and
(iii) modern, resilient energy infrastructure for North
America, including physical infrastructure as well as
institutional infrastructure such as policies, regulations,
and practices relating to energy development; and
(2) a recommended framework and implementation strategy to
improve collaboration with Caribbean and Central American
partners on energy security, including actions to support--
(A) more open, transparent, and competitive energy markets;
(B) regulatory capacity building;
(C) improvements to energy transmission and storage; and
(D) improvements to the performance of energy
infrastructure and efficiency.
(c) Participation.--In developing the plan referred to in
subsection (a), the Secretaries may consult with other
Federal, State, private sector, and international
participants, as appropriate and consistent with applicable
law.

SEC. 3004. COLLECTIVE ENERGY SECURITY.

(a) In General.--The Secretary of Energy and the Secretary
of State shall collaborate to strengthen domestic energy
security and the energy security of the allies and trading
partners of the United States, including through actions that
support or facilitate--
(1) energy diplomacy;
(2) the delivery of United States assistance, including
energy resources and technologies, to prevent or mitigate an
energy security crisis;
(3) the development of environmentally and commercially
sustainable energy resources;
(4) open, transparent, and competitive energy markets; and
(5) regulatory capacity building.
(b) Energy Security Forums.--Not later than one year after
the date of enactment of this Act, the Secretary of Energy,
in collaboration with the Secretary of State, shall convene
not less than 2 forums to promote the collective energy
security of the United States and its allies and trading
partners. The forums shall include participation by the
Secretary of Energy and the Secretary of State. In addition,
an invitation shall be extended to--
(1) appropriate representatives of foreign governments that
are allies or trading partners of the United States; and
(2) independent experts and industry representatives.
(c) Requirements.--The forums shall--
(1) consist of at least one Trans-Atlantic and one Trans-
Pacific energy security forum;
(2) be designed to foster dialogue among government
officials, independent experts, and industry representatives
regarding--
(A) the current state of global energy markets;

[[Page H8907]]

(B) trade and investment issues relevant to energy; and
(C) barriers to more open, competitive, and transparent
energy markets; and
(3) be recorded and made publicly available on the
Department of Energy's website, including, not later than 30
days after each forum, publication on the website any
significant outcomes.
(d) Notification.--At least 30 days before each of the
forums referred to in subsection (b), the Secretary of Energy
shall send a notification regarding the forum to--
(1) the chair and the ranking minority member of the
Committee on Energy and Commerce and the Committee on Foreign
Affairs of the House of Representatives; and
(2) the chair and ranking minority member of the Committee
on Energy and Natural Resources and the Committee on Foreign
Relations of the Senate.

SEC. 3005. STRATEGIC PETROLEUM RESERVE MISSION READINESS
PLAN.

Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy shall conduct a long-range
strategic review of the Strategic Petroleum Reserve and
develop and transmit to Congress a plan that includes an
analysis and implementation schedule that--
(1) specifies near-term and long-term roles of the
Strategic Petroleum Reserve relative to United States energy
security and economic goals and objectives;
(2) describes existing legal authorities governing the
policies, configuration, and capabilities of the Strategic
Petroleum Reserve;
(3) identifies Strategic Petroleum Reserve configuration
and performance capabilities and recommends an action plan to
achieve the optimal--
(A) capacity, location, and composition of petroleum
products in the Reserve; and
(B) storage and distributional capabilities; and
(4) estimates the resources required to attain and maintain
the Strategic Petroleum Reserve's long-term sustainability
and operational effectiveness.

SEC. 3006. AUTHORIZATION TO EXPORT NATURAL GAS.

(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission
or the United States Maritime Administration to site,
construct, expand, or operate LNG export facilities, the
Department of Energy shall issue a final decision on any
application for the authorization to export natural gas under
section 3 of the Natural Gas Act (15 U.S.C. 717b) not later
than 30 days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the LNG facilities required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); or
(2) the date of enactment of this Act.
(b) Conclusion of Review.--For purposes of subsection (a),
review required by the National Environmental Policy Act of
1969 shall be considered concluded--
(1) for a project requiring an Environmental Impact
Statement, 30 days after publication of a Final Environmental
Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, 30 days after publication by the Department of
Energy of a Finding of No Significant Impact; and
(3) upon a determination by the lead agency that an
application is eligible for a categorical exclusion pursuant
to National Environmental Policy Act of 1969 implementing
regulations.
(c) Public Disclosure of Export Destinations.--Section 3 of
the Natural Gas Act (15 U.S.C. 717b) is amended by adding at
the end the following:
``(g) Public Disclosure of LNG Export Destinations.--As a
condition for approval of any authorization to export LNG,
the Secretary of Energy shall require the applicant to
publicly disclose the specific destination or destinations of
any such authorized LNG exports.''.

TITLE IV--ENERGY EFFICIENCY AND ACCOUNTABILITY

Subtitle A--Energy Efficiency

CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 4111. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.

(a) Amendment.--Subtitle C of title V of the Energy
Independence and Security Act of 2007 (Public Law 110-140;
121 Stat. 1661) is amended by adding at the end the
following:

``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.

``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101
of title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later
than 1 year after the date of enactment of this section, each
Federal agency shall coordinate with the Director, the
Secretary, and the Administrator of the Environmental
Protection Agency to develop an implementation strategy (that
includes best practices and measurement and verification
techniques) for the maintenance, purchase, and use by the
Federal agency of energy-efficient and energy-saving
information technologies, taking into consideration the
performance goals established under subsection (d).
``(c) Administration.--In developing an implementation
strategy under subsection (b), each Federal agency shall
consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased
efficiency and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and
energy-saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the
attainment of the performance goals, which shall include
Federal agency consideration of, to the extent applicable by
law, the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of
the efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2017, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this
section.''.
(b) Conforming Amendment.--The table of contents for the
Energy Independence and Security Act of 2007 is amended by
adding after the item relating to section 529 the following:

``Sec. 530. Energy-efficient and energy-saving information
technologies.''.

SEC. 4112. ENERGY EFFICIENT DATA CENTERS.

Section 453 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17112) is amended--
(1) in subsection (b)(2)(D)(iv), by striking ``determined
by the organization'' and inserting ``proposed by the
stakeholders'';
(2) by striking subsection (b)(3); and
(3) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--The Secretary and the
Administrator shall carry out subsection (b) in collaboration
with the information technology industry and other key
stakeholders, with the goal of producing results that
accurately reflect the most relevant and useful information
available. In such collaboration, the Secretary and the
Administrator shall pay particular attention to organizations
that--
``(1) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software, such
as representatives of hardware manufacturers, data center
operators, and facility managers;
``(2) obtain and address input from Department of Energy
National Laboratories or any college, university, research
institution, industry association, company, or public
interest group with applicable expertise;
``(3) follow--
``(A) commonly accepted procedures for the development of
specifications; and
``(B) accredited standards development processes; and
``(4) have a mission to promote energy efficiency for data
centers and information technology.
``(d) Measurements and Specifications.--The Secretary and
the Administrator shall consider and assess the adequacy of
the specifications, measurements, best practices, and
benchmarks described in subsection (b) for use by the Federal
Energy Management Program, the Energy Star Program, and other
efficiency programs of the Department of Energy or the
Environmental Protection Agency.
``(e) Study.--The Secretary, in collaboration with the
Administrator, shall, not later than 18 months after the date
of enactment of the North American Energy Security and
Infrastructure Act of 2015, make available to the public an
update to the Report to Congress on Server and Data Center
Energy Efficiency published on August 2, 2007, under section
1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2008 through 2015;
``(2) an analysis considering the impact of information
technologies, including virtualization and cloud computing,
in the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data
on data center energy usage;
``(4) an evaluation of water usage in data centers and
recommendations for reductions in such water usage; and
``(5) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--The
Secretary, in collaboration with key stakeholders and the
Director of the Office of Management and Budget, shall
maintain a data center energy practitioner program that leads
to the certification of energy practitioners qualified to
evaluate the energy usage and efficiency opportunities in
Federal data centers. Each Federal agency shall consider
having the data centers of the agency evaluated every 4
years, in accordance with section 543(f) of the National
Energy Conservation Policy Act (42 U.S.C. 8253), by energy
practitioners certified pursuant to such program.
``(g) Open Data Initiative.--The Secretary, in
collaboration with key stakeholders and the

[[Page H8908]]

Director of the Office of Management and Budget, shall
establish an open data initiative for Federal data center
energy usage data, with the purpose of making such data
available and accessible in a manner that encourages further
data center innovation, optimization, and consolidation. In
establishing the initiative, the Secretary shall consider the
use of the online Data Center Maturity Model.
``(h) International Specifications and Metrics.--The
Secretary, in collaboration with key stakeholders, shall
actively participate in efforts to harmonize global
specifications and metrics for data center energy and water
efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the
development of an efficiency metric that measures the energy
efficiency of a data center (including equipment and
facilities).
``(j) Protection of Proprietary Information.--The Secretary
and the Administrator shall not disclose any proprietary
information or trade secrets provided by any individual or
company for the purposes of carrying out this section or the
programs and initiatives established under this section.''.

SEC. 4113. REPORT ON ENERGY AND WATER SAVINGS POTENTIAL FROM
THERMAL INSULATION.

(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with appropriate Federal agencies and relevant
stakeholders, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
impact of thermal insulation on both energy and water use
systems for potable hot and chilled water in Federal
buildings, and the return on investment of installing such
insulation.
(b) Contents.--The report shall include--
(1) an analysis based on the cost of municipal or regional
water for delivered water and the avoided cost of new water;
and
(2) a summary of energy and water savings, including short-
term and long-term (20 years) projections of such savings.

SEC. 4114. FEDERAL PURCHASE REQUIREMENT.

(a) Definitions.--Section 203(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15852(b)) is amended by striking paragraph
(2) and inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
electric energy, or thermal energy if resulting from a
thermal energy project placed in service after December 31,
2014, generated from, or avoided by, solar, wind, biomass,
landfill gas, ocean (including tidal, wave, current, and
thermal), geothermal, municipal solid waste (in accordance
with subsection (e)), qualified waste heat resource, or new
hydroelectric generation capacity achieved from increased
efficiency or additions of new capacity at an existing
hydroelectric project.
``(3) Qualified waste heat resource.--The term `qualified
waste heat resource' means--
``(A) exhaust heat or flared gas from any industrial
process;
``(B) waste gas or industrial tail gas that would otherwise
be flared, incinerated, or vented;
``(C) a pressure drop in any gas for an industrial or
commercial process; or
``(D) such other forms of waste heat as the Secretary
determines appropriate.''.
(b) Paper Recycling.--Section 203 of the Energy Policy Act
of 2005 (42 U.S.C. 15852) is amended by adding at the end the
following:
``(e) Paper Recycling.--
``(1) Separate collection.--For purposes of this section,
any Federal agency may consider electric energy generation
purchased from a facility to be renewable energy if the
municipal solid waste used by the facility to generate the
electricity is--
``(A) separately collected (within the meaning of section
246.101(z) of title 40, Code of Federal Regulations, as in
effect on the date of enactment of the North American Energy
Security and Infrastructure Act of 2015) from paper that is
commonly recycled; and
``(B) processed in a way that keeps paper that is commonly
recycled segregated from non-recyclable solid waste.
``(2) Incidental inclusion.--Municipal solid waste used to
generate electric energy that meets the conditions described
in paragraph (1) shall be considered renewable energy even if
the municipal solid waste contains incidental commonly
recycled paper.
``(3) No effect on existing processes.--Nothing in
paragraph (1) shall be interpreted to require a State or
political subdivision of a State, directly or indirectly, to
change the systems, processes, or equipment it uses to
collect, treat, dispose of, or otherwise use municipal solid
waste, within the meaning of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.), nor require a change to the regulations
that implement subtitle D of such Act (42 U.S.C. 6941 et
seq.).''.

SEC. 4115. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL
BUILDINGS.

Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Energy Performance Requirement for Federal
Buildings.--
``(1) Requirement.--Subject to paragraph (2), each agency
shall apply energy conservation measures to, and shall
improve the design for the construction of, the Federal
buildings of the agency (including each industrial or
laboratory facility) so that the energy consumption per gross
square foot of the Federal buildings of the agency in fiscal
years 2006 through 2017 is reduced, as compared with the
energy consumption per gross square foot of the Federal
buildings of the agency in fiscal year 2003, by the
percentage specified in the following table:

Percentage
``Fiscal Year Reduction
2006.............................................................. 2
2007.............................................................. 4
2008.............................................................. 9
2009..............................................................12
2010..............................................................15
2011..............................................................18
2012..............................................................21
2013..............................................................24
2014..............................................................27
2015..............................................................30
2016..............................................................33
2017..............................................................36.
``(2) Exclusion for buildings with energy intensive
activities.--
``(A) In general.--An agency may exclude from the
requirements of paragraph (1) any building (including the
associated energy consumption and gross square footage) in
which energy intensive activities are carried out.
``(B) Reports.--Each agency shall identify and list in each
report made under section 548(a) the buildings designated by
the agency for exclusion under subparagraph (A).
``(3) Review.--Not later than December 31, 2017, the
Secretary shall--
``(A) review the results of the implementation of the
energy performance requirements established under paragraph
(1); and
``(B) based on the review conducted under subparagraph (A),
submit to Congress a report that addresses the feasibility of
requiring each agency to apply energy conservation measures
to, and improve the design for the construction of, the
Federal buildings of the agency (including each industrial or
laboratory facility) so that the energy consumption per gross
square foot of the Federal buildings of the agency in each of
fiscal years 2018 through 2030 is reduced, as compared with
the energy consumption per gross square foot of the Federal
buildings of the agency in the prior fiscal year, by 3
percent.''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(ii) by inserting after subparagraph (D) the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of commissioning
using monitored data, the primary goal of which is to ensure
continuous optimum performance of a facility, in accordance
with design or operating needs, over the useful life of the
facility, while meeting facility occupancy requirements.'';
(B) in paragraph (2), by adding at the end the following:
``(C) Energy management system.--An energy manager
designated under subparagraph (A) shall consider use of a
system to manage energy use at the facility and certification
of the facility in accordance with the International
Organization for Standardization standard numbered 50001 and
entitled `Energy Management Systems'.'';
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in subparagraph (B),
effective beginning on the date that is 180 days after the
date of enactment of the North American Energy Security and
Infrastructure Act of 2015, and annually thereafter, each
energy manager shall complete, for each calendar year, a
comprehensive energy and water evaluation and recommissioning
or retrocommissioning for approximately 25 percent of the
facilities of that energy manager's agency that meet the
criteria under paragraph (2)(B) in a manner that ensures that
an evaluation of each facility is completed at least once
every 4 years.
``(B) Exceptions.--An evaluation and recommissioning or
recommissioning shall not be required under subparagraph (A)
with respect to a facility that--
``(i) has had a comprehensive energy and water evaluation
during the 8-year period preceding the date of the
evaluation;
``(ii)(I) has been commissioned, recommissioned, or
retrocommissioned during the 10-year period preceding the
date of the evaluation; or
``(II) is under ongoing commissioning, recommissioning, or
retrocommissioning;
``(iii) has not had a major change in function or use since
the previous evaluation and commissioning, recommissioning,
or retrocommissioning;
``(iv) has been benchmarked with public disclosure under
paragraph (8) within the year preceding the evaluation; and
``(v)(I) based on the benchmarking, has achieved at a
facility level the most recent cumulative energy savings
target under subsection (a) compared to the earlier of--

``(aa) the date of the most recent evaluation; or
``(bb) the date--

``(AA) of the most recent commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing commissioning, recommissioning, or
retrocommissioning began; or
``(II) has a long-term contract in place guaranteeing
energy savings at least as great as the energy savings target
under subclause (I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the date of
completion of each evaluation under paragraph (3), each
energy manager may--
``(i) implement any energy- or water-saving measure that
the Federal agency identified in the evaluation conducted
under paragraph (3) that is life-cycle cost effective; and

[[Page H8909]]

``(ii) bundle individual measures of varying paybacks
together into combined projects.
``(B) Measures not implemented.--Each energy manager, as
part of the certification system under paragraph (7) and
using guidelines developed by the Secretary, shall provide an
explanation regarding any life-cycle cost-effective measures
described in subparagraph (A)(i) that have not been
implemented.''; and
(D) in paragraph (7)(C), by adding at the end the
following:
``(iii) Summary report.--The Secretary shall make publicly
available a report that summarizes the information tracked
under subparagraph (B)(i) by each agency and, as applicable,
by each type of measure.''.

SEC. 4116. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS; CERTIFICATION SYSTEM AND LEVEL FOR
FEDERAL BUILDINGS.

(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) in paragraph (6), by striking ``to be constructed'' and
inserting ``constructed or altered''; and
(2) by adding at the end the following:
``(17) Major renovation.--The term `major renovation' means
a modification of building energy systems sufficiently
extensive that the whole building can meet energy standards
for new buildings, based on criteria to be established by the
Secretary through notice and comment rulemaking.''.
(b) Federal Building Efficiency Standards.--Section 305 of
the Energy Conservation and Production Act (42 U.S.C. 6834)
is amended--
(1) in subsection (a)(3)--
(A) by striking ``(3)(A) Not later than'' and all that
follows through the end of subparagraph (B) and inserting the
following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year after the date of
enactment of the North American Energy Security and
Infrastructure Act of 2015, the Secretary shall establish, by
rule, revised Federal building energy efficiency performance
standards that require that--

``(I) new Federal buildings and alterations and additions
to existing Federal buildings--

``(aa) meet or exceed the most recent revision of the IECC
(in the case of residential buildings) or ASHRAE Standard
90.1 (in the case of commercial buildings) as of the date of
enactment of the North American Energy Security and
Infrastructure Act of 2015; and
``(bb) meet or exceed the energy provisions of State and
local building codes applicable to the building, if the codes
are more stringent than the IECC or ASHRAE Standard 90.1, as
applicable;

``(II) unless demonstrated not to be life-cycle cost
effective for new Federal buildings and Federal buildings
with major renovations--

``(aa) the buildings be designed to achieve energy
consumption levels that are at least 30 percent below the
levels established in the version of the ASHRAE Standard or
the IECC, as appropriate, that is applied under subclause
(I)(aa), including updates under subparagraph (B); and
``(bb) sustainable design principles are applied to the
location, siting, design, and construction of all new Federal
buildings and replacement Federal buildings;

``(III) if water is used to achieve energy efficiency,
water conservation technologies shall be applied to the
extent that the technologies are life-cycle cost effective;
and
``(IV) if life-cycle cost effective, as compared to other
reasonably available technologies, not less than 30 percent
of the hot water demand for each new Federal building or
Federal building undergoing a major renovation be met through
the installation and use of solar hot water heaters.

``(ii) Limitation.--Clause (i)(I) shall not apply to
unaltered portions of existing Federal buildings and systems
that have been added to or altered.
``(B) Updates.--Not later than 1 year after the date of
approval of each subsequent revision of ASHRAE Standard 90.1
or the IECC, as appropriate, the Secretary shall determine
whether the revised standards established under subparagraph
(A) should be updated to reflect the revisions, based on the
energy savings and life-cycle cost effectiveness of the
revisions.'';
(B) in subparagraph (C), by striking ``(C) In the budget
request'' and inserting the following:
``(C) Budget request.--In the budget request''; and
(C) in subparagraph (D)--
(i) by striking ``(D) Not later than'' and all that follows
through the end of the first sentence of clause (i)(III) and
inserting the following:
``(D) Certification for green buildings.--
``(i) In general.--'';
(ii) by striking clause (ii);
(iii) in clause (iii), by striking ``(iii) In identifying''
and inserting the following:
``(ii) Considerations.--In identifying'';
(iv) in clause (iv)--

(I) by striking ``(iv) At least once'' and inserting the
following:

``(iii) Study.--At least once''; and

(II) by striking ``clause (iii)'' and inserting ``clause
(ii)'';

(v) in clause (v)--

(I) by striking ``(v) The Secretary may'' and inserting the
following:

``(iv) Internal certification processes.--The Secretary
may''; and

(II) by striking ``clause (i)(III)'' each place it appears
and inserting ``clause (i)'';

(vi) in clause (vi)--

(I) by striking ``(vi) With respect'' and inserting the
following:

``(v) Privatized military housing.--With respect''; and

(II) by striking ``develop alternative criteria to those
established by subclauses (I) and (III) of clause (i) that
achieve an equivalent result in terms of energy savings,
sustainable design, and'' and inserting ``develop alternative
certification systems and levels than the systems and levels
identified under clause (i) that achieve an equivalent result
in terms of''; and

(vii) in clause (vii), by striking ``(vii) In addition to''
and inserting the following:
``(vi) Water conservation technologies.--In addition to'';
and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) every 5 years, review the Federal building energy
standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''.

SEC. 4117. OPERATION OF BATTERY RECHARGING STATIONS IN
PARKING AREAS USED BY FEDERAL EMPLOYEES.

(a) Authorization.--
(1) In general.--The head of any office of the Federal
Government which owns or operates a parking area for the use
of its employees (either directly or indirectly through a
contractor) may install, construct, operate, and maintain on
a reimbursable basis a battery recharging station in such
area for the use of privately owned vehicles of employees of
the office and others who are authorized to park in such
area.
(2) Use of vendors.--The head of an office may carry out
paragraph (1) through a contract with a vendor, under such
terms and conditions (including terms relating to the
allocation between the office and the vendor of the costs of
carrying out the contract) as the head of the office and the
vendor may agree to.
(b) Imposition of Fees To Cover Costs.--
(1) Fees.--The head of an office of the Federal Government
which operates and maintains a battery recharging station
under this section shall charge fees to the individuals who
use the station in such amount as is necessary to ensure that
office recovers all of the costs it incurs in installing,
constructing, operating, and maintaining the station.
(2) Deposit and availability of fees.--Any fees collected
by the head of an office under this subsection shall be--
(A) deposited monthly in the Treasury to the credit of the
appropriations account for salaries and expenses of the
office; and
(B) available for obligation without further appropriation
during--
(i) the fiscal year collected; and
(ii) the fiscal year following the fiscal year collected.
(c) No Effect on Existing Programs for House and Senate.--
Nothing in this section may be construed to affect the
installation, construction, operation, or maintenance of
battery recharging stations by the Architect of the Capitol--
(1) under Public Law 112-170 (2 U.S.C. 2171), relating to
employees of the House of Representatives and individuals
authorized to park in any parking area under the jurisdiction
of the House of Representatives on the Capitol Grounds; or
(2) under Public Law 112-167 (2 U.S.C. 2170), relating to
employees of the Senate and individuals authorized to park in
any parking area under the jurisdiction of the Senate on the
Capitol Grounds.
(d) Effective Date.--This section shall apply with respect
to fiscal year 2016 and each succeeding fiscal year.

CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

SEC. 4121. INCLUSION OF SMART GRID CAPABILITY ON ENERGY GUIDE
LABELS.

Section 324(a)(2) of the Energy Policy and Conservation Act
(42 U.S.C. 6294(a)(2)) is amended by adding the following at
the end:
``(J) Smart grid capability on energy guide labels.--
``(i) Rule.--Not later than 1 year after the date of
enactment of this subparagraph, the Commission shall initiate
a rulemaking to consider making a special note in a prominent
manner on any Energy Guide label for any product that
includes Smart Grid capability that--

``(I) Smart Grid capability is a feature of that product;
``(II) the use and value of that feature depend on the
Smart Grid capability of the utility system in which the
product is installed and the active utilization of that
feature by the customer; and
``(III) on a utility system with Smart Grid capability, the
use of the product's Smart Grid capability could reduce the
customer's cost of the product's annual operation as a result
of the incremental energy and electricity cost savings that
would result from the customer taking full advantage of such
Smart Grid capability.

``(ii) Deadline.--Not later than 3 years after the date of
enactment of this subparagraph, the Commission shall complete
the rulemaking initiated under clause (i).''.

SEC. 4122. VOLUNTARY VERIFICATION PROGRAMS FOR AIR
CONDITIONING, FURNACE, BOILER, HEAT PUMP, AND
WATER HEATER PRODUCTS.

Section 326(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6296(b)) is amended by adding at the end the
following:
``(6) Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.--

[[Page H8910]]

``(A) Reliance on voluntary programs.--For the purpose of
verifying compliance with energy conservation standards
established under sections 325 and 342 for covered products
described in paragraphs (3), (4), (5), (9), and (11) of
section 322(a) and covered equipment described in
subparagraphs (B), (C), (D), (F), (I), (J), and (K) of
section 340(1), the Secretary shall rely on testing conducted
by recognized voluntary verification programs that are
recognized by the Secretary in accordance with subparagraph
(B).
``(B) Recognition of voluntary verification programs.--
``(i) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary shall initiate
a negotiated rulemaking in accordance with subchapter III of
chapter 5 of title 5, United States Code (commonly known as
the `Negotiated Rulemaking Act of 1990') to develop criteria
that have consensus support for achieving recognition by the
Secretary as an approved voluntary verification program. Any
subsequent amendment to such criteria may be made only
pursuant to a subsequent negotiated rulemaking in accordance
with subchapter III of chapter 5 of title 5, United States
Code.
``(ii) Minimum requirements.--The criteria developed under
clause (i) shall, at a minimum, ensure that a voluntary
verification program--

``(I) is nationally recognized;
``(II) is operated by a third party and not directly
operated by a program participant;
``(III) satisfies any applicable elements of--

``(aa) International Organization for Standardization
standard numbered 17025; and
``(bb) any other relevant International Organization for
Standardization standards identified and agreed to through
the negotiated rulemaking under clause (i);

``(IV) at least annually tests independently obtained
products following the test procedures established under this
title to verify the certified rating of a representative
sample of products and equipment within the scope of the
program;
``(V) maintains a publicly available list of all ratings of
products subject to verification;
``(VI) requires the changing of the performance rating or
removal of the product or equipment from the program if
testing determines that the performance rating does not meet
the levels the manufacturer has certified to the Secretary;
``(VII) requires new program participants to substantiate
ratings through test data generated in accordance with
Department of Energy regulations;
``(VIII) allows for challenge testing of products and
equipment within the scope of the program;
``(IX) requires program participants to disclose the
performance rating of all covered products and equipment
within the scope of the program for the covered product or
equipment;
``(X) provides to the Secretary--

``(aa) an annual report of all test results, the contents
of which shall be determined through the negotiated
rulemaking process under clause (i); and
``(bb) test reports, on the request of the Secretary, that
note any instructions specified by the manufacturer or the
representative of the manufacturer for the purpose of
conducting the verification testing, to be exempted from
disclosure under section 552(b)(4) of title 5, United States
Code; and

``(XI) satisfies any additional requirements or standards
that the Secretary shall establish consistent with this
subparagraph.

``(iii) Cessation of recognition.--The Secretary may only
cease recognition of a voluntary verification program as an
approved program described in subparagraph (A) upon a finding
that the program is not meeting its obligations for
compliance through program review criteria developed during
the negotiated rulemaking conducted under subparagraph (B).
``(C) Administration.--
``(i) In general.--The Secretary shall not require--

``(I) manufacturers to participate in a recognized
voluntary verification program described in subparagraph (A);
or
``(II) participating manufacturers to provide information
that has already been provided to the Secretary.

``(ii) List of covered products.--The Secretary may
maintain a publicly available list of covered products and
equipment that distinguishes between products that are and
are not covered products and equipment verified through a
recognized voluntary verification program described in
subparagraph (A).
``(iii) Periodic verification testing.--The Secretary--

``(I) shall not subject products or equipment that have
been verification tested under a recognized voluntary
verification program described in subparagraph (A) to
periodic verification testing to verify the accuracy of the
certified performance rating of the products or equipment;
but
``(II) may require testing of products or equipment
described in subclause (I)--

``(aa) if the testing is necessary--
``(AA) to assess the overall performance of a voluntary
verification program;
``(BB) to address specific performance issues;
``(CC) for use in updating test procedures and standards;
or
``(DD) for other purposes consistent with this title; or
``(bb) if such testing is agreed to during the negotiated
rulemaking conducted under subparagraph (B).
``(D) Effect on other authority.--Nothing in this paragraph
limits the authority of the Secretary to enforce compliance
with any law.''.

SEC. 4123. FACILITATING CONSENSUS FURNACE STANDARDS.

(a) Congressional Findings and Declaration of Purpose.--
(1) Findings.--Congress finds that--
(A) acting pursuant to the requirements of section 325 of
the Energy Policy and Conservation Act (42 U.S.C. 6295), the
Secretary of Energy is considering amending the energy
conservation standards applicable to residential
nonweatherized gas furnaces and mobile home gas furnaces;
(B) numerous stakeholders, representing manufacturers,
distributors, and installers of residential nonweatherized
gas furnaces and mobile home furnaces, natural gas utilities,
home builders, multifamily property owners, and energy
efficiency, environmental, and consumer advocates have begun
negotiations in an attempt to agree on a consensus
recommendation to the Secretary on levels for such standards
that will meet the statutory criteria; and
(C) the stakeholders believe these negotiations are likely
to result in a consensus recommendation, but several of the
stakeholders do not support suspending the current
rulemaking.
(2) Purpose.--It is the purpose of this section to provide
the stakeholders described in paragraph (1) with an
opportunity to continue negotiations for a limited time
period to facilitate the proposal for adoption of standards
that enjoy consensus support, while not delaying the current
rulemaking except to the extent necessary to provide such
opportunity.
(b) Opportunity for a Negotiated Furnace Standard.--Section
325(f)(4) of the Energy Policy and Conservation Act (42
U.S.C. 6295(f)(4)) is amended by adding after subparagraph
(D) the following:
``(E)(i) Unless the Secretary has published such a notice
prior to the date of enactment of this Act, the Secretary
shall publish, not later than October 31, 2015, a
supplemental notice of proposed rulemaking or a notice of
data availability updating the proposed rule entitled `Energy
Conservation Program for Consumer Products: Energy
Conservation Standards for Residential Furnaces' and
published in the Federal Register on March 12, 2015 (80 Fed.
Reg. 13119), to provide notice and an opportunity for comment
on--
``(I) dividing nonweatherized gas furnaces into two or more
product classes with separate energy conservation standards
based on capacity; and
``(II) any other matters the Secretary determines
appropriate.
``(ii) On receipt of a statement that is submitted on or
before January 1, 2016, jointly by interested persons that
are fairly representative of relevant points of view, that
contains recommended standards for nonweatherized gas
furnaces and mobile home gas furnaces that are consistent
with the requirements of this part (except that the date on
which such standards will apply may be earlier or later than
the date required under this part), the Secretary shall
evaluate the standards proposed in the joint statement for
consistency with the requirements of subsection (o), and
shall publish notice of the potential adoption of the
standards proposed in the joint statement, modified as
necessary to ensure consistency with subsection (o). The
Secretary shall solicit public comment for a period of at
least 30 days with respect to such notice.
``(iii) Not later than July 31, 2016, but not before July
1, 2016, the Secretary shall publish a final rule containing
a determination of whether the standards for nonweatherized
gas furnaces and mobile home gas furnaces should be amended.
Such rule shall contain any such amendments to the
standards.''.

SEC. 4124. FUTURE OF INDUSTRY PROGRAM.

(a) In General.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended by striking
the section heading and inserting the following: ``FUTURE OF
INDUSTRY PROGRAM''.
(b) Definition of Energy Service Provider.--Section 452(a)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111(a)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (2):
``(3) Energy service provider.--The term `energy service
provider' means any business providing technology or services
to improve the energy efficiency, water efficiency, power
factor, or load management of a manufacturing site or other
industrial process in an energy-intensive industry, or any
utility operating under a utility energy service project.''.
(c) Industrial Research and Assessment Centers.--Section
452(e) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17111(e)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(2) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(3) in subparagraph (A) (as redesignated by paragraph (1)),
by inserting before the semicolon at the end the following:
``, including assessments of sustainable manufacturing goals
and the implementation of information technology advancements
for supply chain analysis, logistics, system monitoring,
industrial and manufacturing processes, and other purposes'';
and
(4) by adding at the end the following:
``(2) Coordination.--To increase the value and capabilities
of the industrial research and assessment centers, the
centers shall--
``(A) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and
Technology;
``(B) coordinate with the Building Technologies Office of
the Department of Energy to provide building assessment
services to manufacturers;

[[Page H8911]]

``(C) increase partnerships with the National Laboratories
of the Department of Energy to leverage the expertise and
technologies of the National Laboratories for national
industrial and manufacturing needs; and
``(D) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies
and processes for energy efficiency, power factor, and load
management.
``(3) Outreach.--The Secretary shall provide funding for--
``(A) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(B) coordination activities by each industrial research
and assessment center to leverage efforts with--
``(i) Federal and State efforts;
``(ii) the efforts of utilities and energy service
providers;
``(iii) the efforts of regional energy efficiency
organizations; and
``(iv) the efforts of other industrial research and
assessment centers.
``(4) Small business loans.--The Administrator of the Small
Business Administration shall, to the maximum extent
practicable, expedite consideration of applications from
eligible small business concerns for loans under the Small
Business Act (15 U.S.C. 631 et seq.) to implement
recommendations of industrial research and assessment centers
established under paragraph (1).''.
(d) Conforming Amendment.--The item relating to section 452
in the table of contents for the Energy Independence and
Security Act of 2007 is amended to read as follows:

``Sec. 452. Future of Industry program.''.

SEC. 4125. NO WARRANTY FOR CERTAIN CERTIFIED ENERGY STAR
PRODUCTS.

Section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a) is amended by adding at the end the following
new subsection:
``(e) No Warranty.--
``(1) In general.--Any disclosure relating to participation
of a product in the Energy Star program shall not create an
express or implied warranty or give rise to any private
claims or rights of action under State or Federal law
relating to the disqualification of that product from Energy
Star if--
``(A) the product has been certified by a certification
body recognized by the Energy Star program;
``(B) the Administrator has approved corrective measures,
including a determination of whether or not consumer
compensation is appropriate; and
``(C) the responsible party has fully complied with all
approved corrective measures.
``(2) Construal.--Nothing in this subsection shall be
construed to require the Administrator to modify any
procedure or take any other action.''.

SEC. 4126. CLARIFICATION TO EFFECTIVE DATE FOR REGIONAL
STANDARDS.

Section 325(o)(6)(E)(ii) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended by
striking ``installed'' and inserting ``manufactured or
imported into the United States''.

SEC. 4127. INTERNET OF THINGS REPORT.

The Secretary of Energy shall, not later than 18 months
after the date of enactment of this Act, report to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the efforts made to take advantage
of, and promote, the utilization of advanced technologies
such as Internet of Things end-to-end platform solutions to
provide real-time actionable analytics and enable predictive
maintenance and asset management to improve energy efficiency
wherever feasible. In doing so, the Secretary shall look to
encourage and utilize Internet of Things energy management
solutions that have security tightly integrated into the
hardware and software from the outset. The Secretary shall
also encourage the use of Internet of Things solutions that
enable seamless connectivity and that are interoperable, open
standards-based, and built on a repeatable foundation for
ease of scalability.

CHAPTER 3--ENERGY PERFORMANCE CONTRACTING

SEC. 4131. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.

(a) Reports.--Section 548(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) the status of each agency's energy savings
performance contracts and utility energy service contracts,
the investment value of such contracts, the guaranteed energy
savings for the previous year as compared to the actual
energy savings for the previous year, the plan for entering
into such contracts in the coming year, and information
explaining why any previously submitted plans for such
contracts were not implemented.''.
(b) Federal Energy Management Definitions.--Section 551(4)
of the National Energy Conservation Policy Act (42 U.S.C.
8259(4)) is amended by striking ``or retrofit activities''
and inserting ``retrofit activities, or energy consuming
devices and required support structures''.
(c) Authority To Enter Into Contracts.--Section
801(a)(2)(F) of the National Energy Conservation Policy Act
(42 U.S.C. 8287(a)(2)(F)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) limit the recognition of operation and maintenance
savings associated with systems modernized or replaced with
the implementation of energy conservation measures, water
conservation measures, or any series of energy conservation
measures and water conservation measures.''.
(d) Miscellaneous Authority.--Section 801(a)(2) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a))
is amended by adding at the end the following:
``(H) Miscellaneous authority.--Notwithstanding any other
provision of law, a Federal agency may sell or transfer
energy savings and apply the proceeds of such sale or
transfer to fund a contract under this title.''.
(e) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by
striking ``(and related operation and maintenance expenses)''
and inserting ``, including related operations and
maintenance expenses''.
(f) Energy Savings Performance Contracts Definitions.--
Section 804(2) of the National Energy Conservation Policy Act
(42 U.S.C. 8287c(2)) is amended--
(1) in subparagraph (A), by striking ``federally owned
building or buildings or other federally owned facilities''
and inserting ``Federal building (as defined in section 551
(42 U.S.C. 8259))'' each place it appears;
(2) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(E) the use, sale, or transfer of energy incentives,
rebates, or credits (including renewable energy credits) from
Federal, State, or local governments or utilities; and
``(F) any revenue generated from a reduction in energy or
water use, more efficient waste recycling, or additional
energy generated from more efficient equipment.''.

CHAPTER 4--SCHOOL BUILDINGS

SEC. 4141. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.

Section 392 of the Energy Policy and Conservation Act (42
U.S.C. 6371a) is amended by adding at the end the following:
``(e) Coordination of Energy Retrofitting Assistance for
Schools.--
``(1) Definition of school.--Notwithstanding section
391(6), for the purposes of this subsection, the term
`school' means--
``(A) an elementary school or secondary school (as defined
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(B) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
``(C) a school of the defense dependents' education system
under the Defense Dependents' Education Act of 1978 (20
U.S.C. 921 et seq.) or established under section 2164 of
title 10, United States Code;
``(D) a school operated by the Bureau of Indian Affairs;
``(E) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511)); and
``(F) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
``(2) Establishment of clearinghouse.--The Secretary,
acting through the Office of Energy Efficiency and Renewable
Energy, shall establish a clearinghouse to disseminate
information regarding available Federal programs and
financing mechanisms that may be used to help initiate,
develop, and finance energy efficiency, distributed
generation, and energy retrofitting projects for schools.
``(3) Requirements.--In carrying out paragraph (2), the
Secretary shall--
``(A) consult with appropriate Federal agencies to develop
a list of Federal programs and financing mechanisms that are,
or may be, used for the purposes described in paragraph (2);
and
``(B) coordinate with appropriate Federal agencies to
develop a collaborative education and outreach effort to
streamline communications and promote available Federal
programs and financing mechanisms described in subparagraph
(A), which may include the development and maintenance of a
single online resource that includes contact information for
relevant technical assistance in the Office of Energy
Efficiency and Renewable Energy that States, local education
agencies, and schools may use to effectively access and use
such Federal programs and financing mechanisms.''.

CHAPTER 5--BUILDING ENERGY CODES

SEC. 4151. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832), as amended by section
4116, is further amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code
or standard developed and updated through a consensus process
among interested persons, such as the IECC or ASHRAE Standard
90.1 or a code used by other appropriate organizations
regarding which the Secretary has issued a determination that
buildings subject to it would achieve greater energy
efficiency than under a previously developed code.''; and

[[Page H8912]]

(2) by adding at the end the following:
``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard
90.1' means the American Society of Heating, Refrigerating
and Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1
Energy Standard for Buildings Except Low-Rise Residential
Buildings.
``(19) Cost-effective.--The term `cost-effective' means
having a simple payback of 10 years or less.
``(20) IECC.--The term `IECC' means the International
Energy Conservation Code as published by the International
Code Council.
``(21) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
``(22) Simple payback.--The term `simple payback' means the
time in years that is required for energy savings to exceed
the incremental first cost of a new requirement or code.
``(23) Technically feasible.--The term `technically
feasible' means capable of being achieved, based on widely
available appliances, equipment, technologies, materials, and
construction practices.''.
(b) State Building Energy Efficiency Codes.--Section 304 of
the Energy Conservation and Production Act (42 U.S.C. 6833)
is amended to read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (e), for the purposes
of--
``(1) implementation of building energy codes by States,
Indian tribes, and, as appropriate, by local governments,
that are technically feasible and cost-effective; and
``(2) supporting full compliance with the State, tribal,
and local codes.
``(b) State and Indian Tribe Certification of Building
Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 3 years after the date on
which a model building energy code is published, each State
or Indian tribe shall certify whether or not the State or
Indian tribe, respectively, has reviewed and updated the
energy provisions of the building code of the State or Indian
tribe, respectively.
``(B) Demonstration.--The certification shall include a
statement of whether or not the energy savings for the code
provisions that are in effect throughout the State or Indian
tribal territory meet or exceed--
``(i) the energy savings of the most recently published
model building energy code; or
``(ii) the targets established under section 307(b)(2).
``(C) No model building energy code update.--If a model
building energy code is not updated by a target date
established under section 307(b)(2)(D), each State or Indian
tribe shall, not later than 3 years after the specified date,
certify whether or not the State or Indian tribe,
respectively, has reviewed and updated the energy provisions
of the building code of the State or Indian tribe,
respectively, to meet or exceed the target in section
307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the State or
Indian tribe, respectively, meet the criteria specified in
paragraph (1);
``(B) determine whether the certification submitted by the
State or Indian tribe, respectively, is complete; and
``(C) if the requirements of subparagraph (B) are
satisfied, validate the certification.
``(3) Limitation.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(c) Improvements in Compliance With Building Energy
Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the date of
a certification under subsection (b), each State and Indian
tribe shall certify whether or not the State or Indian tribe,
respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State or Indian tribe building energy
code or with the associated model building energy code; or
``(ii) made significant progress under paragraph (4) toward
achieving compliance with the applicable certified State or
Indian tribe building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or Indian tribe
certifies progress toward achieving compliance, the State or
Indian tribe shall repeat the certification until the State
or Indian tribe certifies that the State or Indian tribe has
achieved full compliance.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) inspections of a random sample of the buildings
covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate measure
of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under
paragraph (1) if--
``(A) at least 90 percent of building space covered by the
code in the preceding year substantially meets all the
requirements of the applicable code specified in paragraph
(1), or achieves equivalent or greater energy savings level;
or
``(B) the estimated excess energy use of buildings that did
not meet the applicable code specified in paragraph (1) in
the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of
the estimated energy use of all buildings covered by this
code during the preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance
for purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year period beginning on
the date of enactment of this paragraph, including annual
targets for compliance and active training and enforcement
programs; and
``(B) has met the most recent target under subparagraph
(A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the State or Indian tribe has
demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance;
``(B) determine whether the certification submitted by the
State or Indian tribe is complete; and
``(C) if the requirements of subparagraph (B) are
satisfied, validate the certification.
``(6) Limitation.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(d) States or Indian Tribes That Do Not Achieve
Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (b) or (c) by the
applicable deadline shall submit to the Secretary a report on
the status of the State or Indian tribe with respect to
meeting the requirements and submitting the certification.
``(2) State sovereignty.--Nothing in this section shall be
interpreted to require a State or Indian tribe to adopt any
building code or provision within a code.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually submit to
Congress, and publish in the Federal Register, a report on--
``(i) the status of model building energy codes;
``(ii) the status of code adoption and compliance in the
States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over time as a result
of the targets established under section 307(b)(2).
``(B) Impacts.--The report shall include estimates of
impacts of past action under this section, and potential
impacts of further action, on--
``(i) upfront financial and construction costs, cost
benefits and returns (using a return on investment analysis),
and lifetime energy use for buildings;
``(ii) resulting energy costs to individuals and
businesses; and
``(iii) resulting overall annual building ownership and
operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
``(1) In general.--The Secretary shall, upon request,
provide technical assistance to States and Indian tribes to
implement the goals and requirements of this section--
``(A) to implement State residential and commercial
building energy codes; and
``(B) to document the rate of compliance with a building
energy code.
``(2) Technical assistance.--The assistance shall include,
as requested by the State or Indian tribe, technical
assistance in--
``(A) evaluating the energy savings of building energy
codes;
``(B) assessing the economic considerations, referenced in
section 307(b)(4), of implementing building energy codes;
``(C) building energy analysis and design tools;
``(D) energy simulation models;
``(E) building demonstrations;
``(F) developing the definitions of energy use intensity
and building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes; and
``(G) complying with a performance-based pathway referenced
in the model code.
``(3) Exclusion.--For purposes of this section, `technical
assistance' shall not include actions that promote or
discourage the adoption of a particular building energy code,
code provision, or energy savings target to a State or Indian
tribe.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to any technical assistance provided to a State or
Indian tribe, is `influential information' and shall satisfy
the guidelines established by the Office of Management and
Budget and published at 67 Federal Register 8,452 (Feb. 22,
2002).
``(f) Federal Support.--
``(1) In general.--The Secretary shall provide support to
States and Indian tribes--
``(A) to implement the reporting requirements of this
section; and
``(B) to implement residential and commercial building
energy codes, including increasing and verifying compliance
with the codes and training of State, tribal, and local
building code officials to implement and enforce the codes.
``(2) Exclusion.--Support shall not be given to support
adoption and implementation of model building energy codes
for which the Secretary has made a determination under
section 307(g)(1)(C) that the code is not cost-effective.
``(3) Training.--Support shall be offered to States to
train State and local building code officials to implement
and enforce codes described in paragraph (1)(B).

[[Page H8913]]

``(4) Local governments.--States may work under this
subsection with local governments that implement and enforce
codes described in paragraph (1)(B).
``(g) Voluntary Programs To Exceed Model Building Energy
Code.--
``(1) In general.--The Secretary shall provide technical
assistance, as described in subsection (e), for the
development of voluntary programs that exceed the model
building energy codes for residential and commercial
buildings for use as--
``(A) voluntary incentive programs adopted by local,
tribal, or State governments; and
``(B) nonbinding guidelines for energy-efficient building
design.
``(2) Targets.--The voluntary programs described in
paragraph (1) shall be designed--
``(A) to achieve substantial energy savings compared to the
model building energy codes; and
``(B) to meet targets under section 307(b), if available,
up to 3 to 6 years in advance of the target years.
``(h) Studies.--
``(1) GAO study.--
``(A) In general.--The Comptroller General of the United
States shall conduct a study of the impacts of updating the
national model building energy codes for residential and
commercial buildings. In conducting the study, the
Comptroller General shall consider and report, at a minimum--
``(i) the actual energy consumption savings stemming from
updated energy codes compared to the energy consumption
savings predicted during code development;
``(ii) the actual consumer cost savings stemming from
updated energy codes compared to predicted consumer cost
savings; and
``(iii) an accounting of expenditures of the Federal funds
under each program authorized by this title.
``(B) Report to congress.--Not later than 3 years after the
date of enactment of the North American Energy Security and
Infrastructure Act of 2015, the Comptroller General of the
United States shall submit a report to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Energy and Commerce of the House of Representatives
including the study findings and conclusions.
``(2) Feasibility study.--The Secretary, in consultation
with building science experts from the National Laboratories
and institutions of higher education, designers and builders
of energy-efficient residential and commercial buildings,
code officials, and other stakeholders, shall undertake a
study of the feasibility, impact, economics, and merit of--
``(A) code improvements that would require that buildings
be designed, sited, and constructed in a manner that makes
the buildings more adaptable in the future to become zero-
net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(B) code procedures to incorporate a ten-year payback,
not just first-year energy use, in trade-offs and performance
calculations; and
``(C) legislative options for increasing energy savings
from building energy codes, including additional incentives
for effective State and local verification of compliance with
and enforcement of a code.
``(3) Energy data in multitenant buildings.--The Secretary,
in consultation with appropriate representatives of the
utility, utility regulatory, building ownership, and other
stakeholders, shall--
``(A) undertake a study of best practices regarding
delivery of aggregated energy consumption information to
owners and managers of residential and commercial buildings
with multiple tenants and uses; and
``(B) consider the development of a memorandum of
understanding between and among affected stakeholders to
reduce barriers to the delivery of aggregated energy
consumption information to such owners and managers.
``(i) Effect on Other Laws.--Nothing in this section or
section 307 supersedes or modifies the application of
sections 321 through 346 of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Funding Limitations.--No Federal funds shall be--
``(1) used to support actions by the Secretary, or States,
to promote or discourage the adoption of a particular
building energy code, code provision, or energy saving target
to a State or Indian tribe; or
``(2) provided to private third parties or non-governmental
organizations to engage in such activities.''.
(c) Federal Building Energy Efficiency Standards.--Section
305 of the Energy Conservation and Production Act (42 U.S.C.
6834) is amended by striking ``voluntary building energy
code'' in subsections (a)(2)(B) and (b) and inserting ``model
building energy code''.
(d) Model Building Energy Codes.--
(1) Amendment.--Section 307 of the Energy Conservation and
Production Act (42 U.S.C. 6836) is amended to read as
follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

``(a) In General.--The Secretary shall provide technical
assistance, as described in subsection (c), for updating of
model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall provide technical
assistance, for updating the model building energy codes.
``(2) Targets.--
``(A) In general.--The Secretary shall provide technical
assistance to States, Indian tribes, local governments,
nationally recognized code and standards developers, and
other interested parties for updating of model building
energy codes by establishing one or more aggregate energy
savings targets through rulemaking in accordance with section
553 of title 5, United States Code, to achieve the purposes
of this section.
``(B) Separate targets.--Separate targets may be
established for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model building
energy codes shall be the 2009 IECC for residential buildings
and ASHRAE Standard 90.1-2010 for commercial buildings.
``(D) Specific years.--
``(i) In general.--Targets for specific years shall be
established and revised by the Secretary through rulemaking
in accordance with section 553 of title 5, United States
Code, and coordinated with nationally recognized code and
standards developers at a level that--

``(I) is at the maximum level of energy efficiency that is
technically feasible and cost effective, while accounting for
the economic considerations under paragraph (4); and
``(II) promotes the achievement of commercial and
residential high performance buildings through high
performance energy efficiency (within the meaning of section
401 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061)).

``(ii) Initial targets.--Not later than 1 year after the
date of enactment of this clause, the Secretary shall
establish initial targets under this subparagraph.
``(iii) Different target years.--Subject to clause (i),
prior to the applicable year, the Secretary may set a later
target year for any of the model building energy codes
described in subparagraph (A) if the Secretary determines
that a target cannot be met.
``(E) Small business.--When establishing targets under this
paragraph through rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121)
for any indirect economic effect on small entities that is
reasonably foreseeable and a result of such rule.
``(3) Appliance standards and other factors affecting
building energy use.--In establishing energy savings targets
under paragraph (2), the Secretary shall develop and adjust
the targets in recognition of potential savings and costs
relating to--
``(A) efficiency gains made in appliances, lighting,
windows, insulation, and building envelope sealing;
``(B) advancement of distributed generation and on-site
renewable power generation technologies;
``(C) equipment improvements for heating, cooling, and
ventilation systems and water heating systems;
``(D) building management systems and smart grid
technologies to reduce energy use; and
``(E) other technologies, practices, and building systems
regarding building plug load and other energy uses.
In developing and adjusting the targets, the Secretary shall
use climate zone weighted averages for equipment efficiency
for heating, cooling, ventilation, and water heating systems,
using equipment that is actually installed.
``(4) Economic considerations.--In establishing and
revising energy savings targets under paragraph (2), the
Secretary shall consider the economic feasibility of
achieving the proposed targets established under this section
and the potential costs and savings for consumers and
building owners, by conducting a return on investment
analysis, using a simple payback methodology over a 3-, 5-,
and 7-year period. The Secretary shall not propose or provide
technical or financial assistance for any code, provision in
the code, or energy target, or amendment thereto, that has a
payback greater than 10 years.
``(c) Technical Assistance to Model Building Energy Code-
Setting and Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard development organizations consistent
with the goals of this section.
``(2) Technical assistance.--The assistance shall include,
as requested by the organizations, technical assistance in--
``(A) evaluating the energy savings of building energy
codes;
``(B) assessing the economic considerations, under
subsection (b)(4), of code or standards proposals or
revisions;
``(C) building energy analysis and design tools;
``(D) energy simulation models;
``(E) building demonstrations;
``(F) developing definitions of energy use intensity and
building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes;
``(G) developing a performance-based pathway for
compliance;
``(H) developing model building energy codes by Indian
tribes in accordance with tribal law; and
``(I) code development meetings, including through direct
Federal employee participation in committee meetings,
hearings and online communication, voting, and presenting
research and technical or economic analyses during such
meetings.
``(3) Exclusion.--Except as provided in paragraph (2)(I),
for purposes of this section, `technical assistance' shall
not include actions that promote or discourage the adoption
of a particular building energy code, code provision, or
energy savings target.
``(4) Information quality and transparency.--For purposes
of this section, information provided by the Secretary,
attendant to development of any energy savings targets, is
influential information and shall satisfy the guidelines
established by the Office of Management and Budget and
published at 67 Federal Register 8,452 (Feb. 22, 2002).

[[Page H8914]]

``(d) Amendment Proposals.--
``(1) In general.--The Secretary may submit timely model
building energy code amendment proposals that are technically
feasible, cost-effective, and technology-neutral to the model
building energy code-setting and standard development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets
established under subsection (b)(2).
``(2) Process and factors.--All amendment proposals
submitted by the Secretary shall be published in the Federal
Register and made available on the Department of Energy
website 90 days prior to any submittal to a code development
body, and shall be subject to a public comment period of not
less than 60 days. Information provided by the Secretary,
attendant to submission of any amendment proposals, is
influential information and shall satisfy the guidelines
established by the Office of Management and Budget and
published at 67 Federal Register 8,452 (Feb. 22, 2002). When
calculating the costs and benefits of an amendment, the
Secretary shall use climate zone weighted averages for
equipment efficiency for heating, cooling, ventilation, and
water heating systems, using equipment that is actually
installed.
``(e) Analysis Methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary
to estimate the energy savings of code or standard proposals
and revisions.
``(f) Methodology Development.--The Secretary shall
establish a methodology for evaluating cost effectiveness of
energy code changes in multifamily buildings that
incorporates economic parameters representative of typical
multifamily buildings.
``(g) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are revised, the Secretary shall make a
preliminary determination not later than 90 days after the
date of the revision, and a final determination not later
than 15 months after the date of the revision, on whether or
not the revision--
``(A) improves energy efficiency in buildings compared to
the existing IECC or ASHRAE Standard 90.1, as applicable;
``(B) meets the applicable targets under subsection (b)(2);
and
``(C) is technically feasible and cost-effective.
``(2) Codes or standards not meeting criteria.--
``(A) In general.--If the Secretary makes a preliminary
determination under paragraph (1)(B) that a revised IECC or
ASHRAE Standard 90.1 does not meet the targets established
under subsection (b)(2), is not technically feasible, or is
not cost-effective, the Secretary may at the same time
provide technical assistance, as described in subsection (c),
to the International Code Council or ASHRAE, as applicable,
with proposed changes that would result in a model building
energy code or standard that meets the criteria, and with
supporting evidence. Proposed changes submitted by the
Secretary shall be published in the Federal Register and made
available on the Department of Energy website 90 days prior
to any submittal to a code development body, and shall be
subject to a public comment period of not less than 60 days.
Information provided by the Secretary, attendant to
submission of any amendment proposals, is influential
information and shall satisfy the guidelines established by
the Office of Management and Budget and published at 67
Federal Register 8,452 (Feb. 22, 2002).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the technical assistance,
as described in subsection (c), the International Code
Council or ASHRAE, as applicable, shall, prior to the
Secretary making a final determination under paragraph (1),
have an additional 270 days to accept or reject the proposed
changes made by the Secretary to the model building energy
code or standard.
``(ii) Final determination.--A final determination under
paragraph (1) shall be on the final revised model building
energy code or standard.
``(h) Administration.--In carrying out this section, the
Secretary shall--
``(1) publish notice of targets, amendment proposals and
supporting analysis and determinations under this section in
the Federal Register to provide an explanation of and the
basis for such actions, including any supporting modeling,
data, assumptions, protocols, and cost-benefit analysis,
including return on investment;
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section, in accordance with section 553 of title 5, United
States Code; and
``(3) provide an opportunity for public comment on
amendment proposals.
``(i) Voluntary Codes and Standards.--Not withstanding any
other provision of this section, any model building code or
standard established under this section shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.''.
(2) Conforming amendment.--The item relating to section 307
in the table of contents for the Energy Conservation and
Production Act is amended to read as follows:

``Sec. 307. Support for model building energy codes.''.

SEC. 4152. VOLUNTARY NATURE OF BUILDING ASSET RATING PROGRAM.

(a) In General.--Any program of the Secretary of Energy
that may enable the owner of a commercial building or a
residential building to obtain a rating, score, or label
regarding the actual or anticipated energy usage or
performance of a building shall be made available on a
voluntary, optional, and market-driven basis.
(b) Disclaimer as to Regulatory Intent.--Information
disseminated by the Secretary of Energy regarding the program
described in subsection (a), including any information made
available by the Secretary on a website, shall include
language plainly stating that such program is not developed
or intended to be the basis for a regulatory program by a
Federal, State, local, or municipal government body.

CHAPTER 6--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS

SEC. 4161. MODIFYING PRODUCT DEFINITIONS.

(a) Authority To Modify Definitions.--
(1) Covered products.--Section 322 of the Energy Policy and
Conservation Act (42 U.S.C. 6292) is amended by adding at the
end the following:
``(c) Modifying Definitions of Covered Products.--
``(1) In general.--For any covered product for which a
definition is provided in section 321, the Secretary may, by
rule, unless prohibited herein, modify such definition in
order to--
``(A) address significant changes in the product or the
market occurring since the definition was established; and
``(B) better enable improvements in the energy efficiency
of the product as part of an energy using system.
``(2) Antibacksliding exemption.--Section 325(o)(1) shall
not apply to adjustments to covered product definitions made
pursuant to this subsection.
``(3) Procedure for modifying definition.--
``(A) In general.--Notice of any adjustment to the
definition of a covered product and an explanation of the
reasons therefor shall be published in the Federal Register
and opportunity provided for public comment.
``(B) Consensus required.--Any amendment to the definition
of a covered product under this subsection must have
consensus support, as reflected in--
``(i) the outcome of negotiations conducted in accordance
with the subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'); or
``(ii) the Secretary's receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered products, States,
and efficiency advocates), as determined by the Secretary,
which contains a recommended modified definition for a
covered product.
``(4) Effect of a modified definition.--
``(A) In general.--For any type or class of consumer
product which becomes a covered product pursuant to this
subsection--
``(i) the Secretary may establish test procedures for such
type or class of covered product pursuant to section 323 and
energy conservation standards pursuant to section 325(l);
``(ii) the Commission may prescribe labeling rules pursuant
to section 324 if the Commission determines that labeling in
accordance with that section is technologically and
economically feasible and likely to assist consumers in
making purchasing decisions;
``(iii) section 327 shall begin to apply to such type or
class of covered product in accordance with section
325(ii)(1); and
``(iv) standards previously promulgated under section 325
shall not apply to such type or class of product.
``(B) Applicability.--For any type or class of consumer
product which ceases to be a covered product pursuant to this
subsection, the provisions of this part shall no longer apply
to the type or class of consumer product.''.
(2) Covered equipment.--Section 341 of the Energy Policy
and Conservation Act (42 U.S.C. 6312) is amended by adding at
the end the following:
``(d) Modifying Definitions of Covered Equipment.--
``(1) In general.--For any covered equipment for which a
definition is provided in section 340, the Secretary may, by
rule, unless prohibited herein, modify such definition in
order to--
``(A) address significant changes in the product or the
market occurring since the definition was established; and
``(B) better enable improvements in the energy efficiency
of the equipment as part of an energy using system.
``(2) Antibacksliding exemption.--Section 325(o)(1) shall
not apply to adjustments to covered equipment definitions
made pursuant to this subsection.
``(3) Procedure for modifying definition.--
``(A) In general.--Notice of any adjustment to the
definition of a type of covered equipment and an explanation
of the reasons therefor shall be published in the Federal
Register and opportunity provided for public comment.
``(B) Consensus required.--Any amendment to the definition
of a type of covered equipment under this subsection must
have consensus support, as reflected in--
``(i) the outcome of negotiations conducted in accordance
with the subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'); or
``(ii) the Secretary's receipt of a statement that is
submitted jointly by interested persons that are fairly
representative of relevant points of view (including
representatives of manufacturers of covered equipment,
States, and efficiency advocates), as determined by the
Secretary, which contains a recommended modified definition
for a type of covered equipment.
``(4) Effect of a modified definition.--
``(A) For any type or class of equipment which becomes
covered equipment pursuant to this subsection--
``(i) the Secretary may establish test procedures for such
type or class of covered equipment pursuant to section 343
and energy conservation standards pursuant to section 325(l);
``(ii) the Secretary may prescribe labeling rules pursuant
to section 344 if the Secretary determines that labeling in
accordance with that

[[Page H8915]]

section is technologically and economically feasible and
likely to assist purchasers in making purchasing decisions;
``(iii) section 327 shall begin to apply to such type or
class of covered equipment in accordance with section
325(ii)(1); and
``(iv) standards previously promulgated under section 325,
342, or 346 shall not apply to such type or class of covered
equipment.
``(B) For any type or class of equipment which ceases to be
covered equipment pursuant to this subsection the provisions
of this part shall no longer apply to the type or class of
equipment.''.
(b) Conforming Amendments Providing for Judicial Review.--
(1) Section 336 of the Energy Policy and Conservation Act
(42 U.S.C. 6306) is amended by striking ``section 323,'' each
place it appears and inserting ``section 322, 323,''; and
(2) Section 345(a)(1) of the Energy Policy and Conservation
Act (42 U.S.C. 6316(a)(1)) is amended to read as follows:
``(1) the references to sections 322, 323, 324, and 325 of
this Act shall be considered as references to sections 341,
343, 344, and 342 of this Act, respectively;''.

SEC. 4162. CLARIFYING RULEMAKING PROCEDURES.

(a) Covered Products.--Section 325(p) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(p)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (5), and (6), respectively;
(2) by inserting before paragraph (2) (as so redesignated
by paragraph (1) of this subsection) the following:
``(1) The Secretary shall provide an opportunity for public
input prior to the issuance of a proposed rule, seeking
information--
``(A) identifying and commenting on design options;
``(B) on the existence of and opportunities for voluntary
nonregulatory actions; and
``(C) identifying significant subgroups of consumers and
manufacturers that merit analysis.'';
(3) in paragraph (3) (as so redesignated by paragraph (1)
of this subsection)--
(A) in subparagraph (C), by striking ``and'' after
``adequate;'';
(B) in subparagraph (D), by striking ``standard.'' and
inserting ``standard;''; and
(C) by adding at the end the following new subparagraphs:
``(E) whether the technical and economic analytical
assumptions, methods, and models used to justify the standard
to be prescribed are--
``(i) justified; and
``(ii) available and accessible for public review,
analysis, and use; and
``(F) the cumulative regulatory impacts on the
manufacturers of the product, taking into account--
``(i) other government standards affecting energy use; and
``(ii) other energy conservation standards affecting the
same manufacturers.''; and
(4) by inserting after paragraph (3) (as so redesignated by
paragraph (1) of this subsection) the following:
``(4) Restriction on test procedure amendments.--
``(A) In general.--Any proposed energy conservation
standards rule shall be based on the final test procedure
which shall be used to determine compliance, and the public
comment period on the proposed standards shall conclude no
sooner than 180 days after the date of publication of a final
rule revising the test procedure.
``(B) Exception.--The Secretary may propose or prescribe an
amendment to the test procedures issued pursuant to section
323 for any type or class of covered product after the
issuance of a notice of proposed rulemaking to prescribe an
amended or new energy conservation standard for that type or
class of covered product, but before the issuance of a final
rule prescribing any such standard, if--
``(i) the amendments to the test procedure have consensus
support achieved through a rulemaking conducted in accordance
with the subchapter III of chapter 5 of title 5, United
States Code (commonly known as the `Negotiated Rulemaking Act
of 1990'); or
``(ii) the Secretary receives a statement that is submitted
jointly by interested persons that are fairly representative
of relevant points of view (including representatives of
manufacturers of the type or class of covered product,
States, and efficiency advocates), as determined by the
Secretary, which contains a recommendation that a
supplemental notice of proposed rulemaking is not necessary
for the type or class of covered product.''.
(b) Conforming Amendment.--Section 345(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended
by striking ``section 325(p)(4),'' and inserting ``section
325(p)(3), (4), and (6),''.

CHAPTER 7--ENERGY AND WATER EFFICIENCY

SEC. 4171. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a utility;
(B) a municipality;
(C) a water district; and
(D) any other authority that provides water, wastewater, or
water reuse services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Smart energy and water efficiency pilot program.--The
term ``smart energy and water efficiency pilot program'' or
``pilot program'' means the pilot program established under
subsection (b).
(b) Smart Energy and Water Efficiency Pilot Program.--
(1) In general.--The Secretary shall establish and carry
out a smart energy and water efficiency management pilot
program in accordance with this section.
(2) Purpose.--The purpose of the smart energy and water
efficiency pilot program is to award grants to eligible
entities to demonstrate advanced and innovative technology-
based solutions that will--
(A) increase and improve the energy efficiency of water,
wastewater, and water reuse systems to help communities
across the United States make significant progress in
conserving water, saving energy, and reducing costs;
(B) support the implementation of innovative processes and
the installation of advanced automated systems that provide
real-time data on energy and water; and
(C) improve energy and water conservation, water quality,
and predictive maintenance of energy and water systems,
through the use of Internet-connected technologies, including
sensors, intelligent gateways, and security embedded in
hardware.
(3) Project selection.--
(A) In general.--The Secretary shall make competitive,
merit-reviewed grants under the pilot program to not less
than 3, but not more than 5, eligible entities.
(B) Selection criteria.--In selecting an eligible entity to
receive a grant under the pilot program, the Secretary shall
consider--
(i) energy and cost savings anticipated to result from the
project;
(ii) the innovative nature, commercial viability, and
reliability of the technology to be used;
(iii) the degree to which the project integrates next-
generation sensors, software, hardware, analytics, and
management tools;
(iv) the anticipated cost effectiveness of the pilot
project in terms of energy efficiency savings, water savings
or reuse, and infrastructure costs averted;
(v) whether the technology can be deployed in a variety of
geographic regions and the degree to which the technology can
be implemented on a smaller or larger scale, including
whether the technology can be implemented by each type of
eligible entity;
(vi) whether the technology has been successfully deployed
elsewhere;
(vii) whether the technology is sourced from a manufacturer
based in the United States; and
(viii) whether the project will be completed in 5 years or
less.
(C) Applications.--
(i) In general.--Subject to clause (ii), an eligible entity
seeking a grant under the pilot program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary determines to be
necessary.
(ii) Contents.--An application under clause (i) shall, at a
minimum, include--

(I) a description of the project;
(II) a description of the technology to be used in the
project;
(III) the anticipated results, including energy and water
savings, of the project;
(IV) a comprehensive budget for the project;
(V) the names of the project lead organization and any
partners;
(VI) the number of users to be served by the project; and
(VII) any other information that the Secretary determines
to be necessary to complete the review and selection of a
grant recipient.

(4) Administration.--
(A) In general.--Not later than 300 days after the date of
enactment of this Act, the Secretary shall select grant
recipients under this section.
(B) Evaluations.--The Secretary shall annually carry out an
evaluation of each project for which a grant is provided
under this section that--
(i) evaluates the progress and impact of the project; and
(ii) assesses the degree to which the project is meeting
the goals of the pilot program.
(C) Technical and policy assistance.--On the request of a
grant recipient, the Secretary shall provide technical and
policy assistance to the grant recipient to carry out the
project.
(D) Best practices.--The Secretary shall make available to
the public--
(i) a copy of each evaluation carried out under
subparagraph (B); and
(ii) a description of any best practices identified by the
Secretary as a result of those evaluations.
(E) Report to congress.--The Secretary shall submit to
Congress a report containing the results of each evaluation
carried out under subparagraph (B).
(c) Funding.--
(1) In general.--To carry out this section, the Secretary
shall use not more than $15,000,000 of amounts made available
to the Secretary.
(2) Prioritization.--In funding activities under this
section, the Secretary shall prioritize funding in the
following manner:
(A) The Secretary shall first use any unobligated amounts
made available to the Secretary to carry out the activities
of the Energy Efficiency and Renewable Energy Office.
(B) After any amounts described in subparagraph (A) have
been used, the Secretary shall then use any unobligated
amounts (other than those described in subparagraph (A)) made
available to the Secretary.

SEC. 4172. WATERSENSE.

(a) In General.--The Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.) is amended by adding after section 324A
the following:

``SEC. 324B. WATERSENSE.

``(a) WaterSense.--
``(1) In general.--There is established within the
Environmental Protection Agency a voluntary program, to be
entitled `WaterSense', to

[[Page H8916]]

identify water efficient products, buildings, landscapes,
facilities, processes, and services that sensibly--
``(A) reduce water use;
``(B) reduce the strain on public and community water
systems and wastewater and stormwater infrastructure;
``(C) conserve energy used to pump, heat, transport, and
treat water; and
``(D) preserve water resources for future generations,
through voluntary labeling of, or other forms of
communications about, products, buildings, landscapes,
facilities, processes, and services while still meeting
strict performance criteria.
``(2) Duties.--The Administrator, coordinating as
appropriate with the Secretary of Energy, shall--
``(A) establish--
``(i) a WaterSense label to be used for items meeting the
certification criteria established in this section; and
``(ii) the procedure, including the methods and means, by
which an item may be certified to display the WaterSense
label;
``(B) conduct a public awareness education campaign
regarding the WaterSense label;
``(C) preserve the integrity of the WaterSense label by--
``(i) establishing and maintaining feasible performance
criteria so that products, buildings, landscapes, facilities,
processes, and services labeled with the WaterSense label
perform as well or better than less water-efficient
counterparts;
``(ii) overseeing WaterSense certifications made by third
parties;
``(iii) using testing protocols, from the appropriate,
applicable, and relevant consensus standards, for the purpose
of determining standards compliance; and
``(iv) auditing the use of the WaterSense label in the
marketplace and preventing cases of misuse; and
``(D) not more often than every six years, review and, if
appropriate, update WaterSense criteria for the defined
categories of water-efficient product, building, landscape,
process, or service, including--
``(i) providing reasonable notice to interested parties and
the public of any such changes, including effective dates,
and an explanation of the changes;
``(ii) soliciting comments from interested parties and the
public prior to any such changes;
``(iii) as appropriate, responding to comments submitted by
interested parties and the public; and
``(iv) providing an appropriate transition time prior to
the applicable effective date of any such changes, taking
into account the timing necessary for the manufacture,
marketing, training, and distribution of the specific water-
efficient product, building, landscape, process, or service
category being addressed.
``(b) Use of Science.--In carrying out this section, and,
to the degree that an agency action is based on science, the
Administrator shall use--
``(1) the best available peer-reviewed science and
supporting studies conducted in accordance with sound and
objective scientific practices; and
``(2) data collected by accepted methods or best available
methods (if the reliability of the method and the nature of
the decision justify use of the data).
``(c) Distinction of Authorities.--In setting or
maintaining standards for Energy Star pursuant to section
324A, and WaterSense under this section, the Secretary and
Administrator shall coordinate to prevent duplicative or
conflicting requirements among the respective programs.
``(d) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Feasible.--The term `feasible' means feasible with
the use of the best technology, treatment techniques, and
other means that the Administrator finds, after examination
for efficacy under field conditions and not solely under
laboratory conditions, are available (taking cost into
consideration).
``(3) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(4) Water-efficient product, building, landscape,
process, or service.--The term `water-efficient product,
building, landscape, process, or service' means a product,
building, landscape, process, or service for a residence or a
commercial or institutional building, or its landscape, that
is rated for water efficiency and performance, the covered
categories of which are--
``(A) irrigation technologies and services;
``(B) point-of-use water treatment devices;
``(C) plumbing products;
``(D) reuse and recycling technologies;
``(E) landscaping and gardening products, including
moisture control or water enhancing technologies;
``(F) xeriscaping and other landscape conversions that
reduce water use; and
``(G) new water efficient homes certified under the
WaterSense program.''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (Public Law 94-163; 42
U.S.C. 6201 et seq.) is amended by inserting after the item
relating to section 324A the following new item:

``Sec. 324B. WaterSense.''.

Subtitle B--Accountability

CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

SEC. 4211. FERC OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC
PARTICIPATION.

Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
amended to read as follows:

``SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE AND PUBLIC
PARTICIPATION.

``(a) Establishment.--There is established within the
Commission an Office of Compliance Assistance and Public
Participation (referred to in this section as the `Office').
The Office shall be headed by a Director.
``(b) Duties of Director.--
``(1) In general.--The Director of the Office shall promote
improved compliance with Commission rules and orders by--
``(A) making recommendations to the Commission regarding--
``(i) the protection of consumers;
``(ii) market integrity and support for the development of
responsible market behavior;
``(iii) the application of Commission rules and orders in a
manner that ensures that--

``(I) rates and charges for, or in connection with, the
transmission or sale of electric energy subject to the
jurisdiction of the Commission shall be just and reasonable
and not unduly discriminatory or preferential; and
``(II) markets for such transmission and sale of electric
energy are not impaired and consumers are not damaged; and

``(iv) the impact of existing and proposed Commission rules
and orders on small entities, as defined in section 601 of
title 5, United States Code (commonly known as the Regulatory
Flexibility Act);
``(B) providing entities subject to regulation by the
Commission the opportunity to obtain timely guidance for
compliance with Commission rules and orders; and
``(C) providing information to the Commission and Congress
to inform policy with respect to energy issues under the
jurisdiction of the Commission.
``(2) Reports and guidance.--The Director shall, as the
Director determines appropriate, issue reports and guidance
to the Commission and to entities subject to regulation by
the Commission, regarding market practices, proposing
improvements in Commission monitoring of market practices,
and addressing potential improvements to both industry and
Commission practices.
``(3) Outreach.--The Director shall promote improved
compliance with Commission rules and orders through outreach,
publications, and, where appropriate, direct communication
with entities regulated by the Commission.''.

CHAPTER 2--MARKET REFORMS

SEC. 4221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.

(a) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Comptroller General shall
submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing the results of a
study of whether and how the current market rules, practices,
and structures of each regional transmission entity produce
rates that are just and reasonable by--
(1) facilitating fuel diversity, the availability of
generation resources during emergency and severe weather
conditions, resource adequacy, and reliability, including the
cost-effective retention and development of needed
generation;
(2) promoting the equitable treatment of business models,
including different utility types, the integration of diverse
generation resources, and advanced grid technologies;
(3) identifying and addressing regulatory barriers to
entry, market-distorting incentives, and artificial
constraints on competition;
(4) providing transparency regarding dispatch decisions,
including the need for out-of-market actions and payments,
and the accuracy of day-ahead unit commitments;
(5) facilitating the development of necessary natural gas
pipeline and electric transmission infrastructure;
(6) ensuring fairness and transparency in governance
structures and stakeholder processes, including meaningful
participation by both voting and nonvoting stakeholder
representatives;
(7) ensuring the proper alignment of the energy and
transmission markets by including both energy and financial
transmission rights in the day-ahead markets;
(8) facilitating the ability of load-serving entities to
self-supply their service territory load;
(9) considering, as appropriate, State and local resource
planning; and
(10) mitigating, to the extent practicable, the disruptive
effects of tariff revisions on the economic decisionmaking of
market participants.
(b) Definitions.--In this section:
(1) Load-serving entity.--The term ``load-serving entity''
has the meaning given that term in section 217 of the Federal
Power Act (16 U.S.C. 824q).
(2) Regional transmission entity.--The term ``regional
transmission entity'' means a Regional Transmission
Organization or an Independent System Operator, as such terms
are defined in section 3 of the Federal Power Act (16 U.S.C.
796).

SEC. 4222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

Section 203(a)(1)(B) of the Federal Power Act (16 U.S.C.
824b(a)(1)(B)) is amended by striking ``such facilities or
any part thereof'' and inserting ``such facilities, or any
part thereof, of a value in excess of $10,000,000''.

CHAPTER 3--CODE MAINTENANCE

SEC. 4231. REPEAL OF OFF-HIGHWAY MOTOR VEHICLES STUDY.

(a) Repeal.--Part I of title III of the Energy Policy and
Conservation Act (42 U.S.C. 6373) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy and Conservation Act (Public Law 94-163; 89
Stat. 871) is amended--
(1) by striking the item relating to part I of title III;
and
(2) by striking the item relating to section 385.

SEC. 4232. REPEAL OF METHANOL STUDY.

Section 400EE of the Energy Policy and Conservation Act (42
U.S.C. 6374d) is amended--

[[Page H8917]]

(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.

SEC. 4233. REPEAL OF RESIDENTIAL ENERGY EFFICIENCY STANDARDS
STUDY.

(a) Repeal.--Section 253 of the National Energy
Conservation Policy Act (42 U.S.C. 8232) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 253.

SEC. 4234. REPEAL OF WEATHERIZATION STUDY.

(a) Repeal.--Section 254 of the National Energy
Conservation Policy Act (42 U.S.C. 8233) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 254.

SEC. 4235. REPEAL OF REPORT TO CONGRESS.

(a) Repeal.--Section 273 of the National Energy
Conservation Policy Act (42 U.S.C. 8236b) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended by striking the item relating to
section 273.

SEC. 4236. REPEAL OF REPORT BY GENERAL SERVICES
ADMINISTRATION.

(a) Repeal.--Section 154 of the Energy Policy Act of 1992
(42 U.S.C. 8262a) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the Energy Policy Act of 1992
(Public Law 102-486; 106 Stat. 2776) is amended by striking
the item relating to section 154.
(2) Section 159 of the Energy Policy Act of 1992 (42 U.S.C.
8262e) is amended by striking subsection (c).

SEC. 4237. REPEAL OF INTERGOVERNMENTAL ENERGY MANAGEMENT
PLANNING AND COORDINATION WORKSHOPS.

(a) Repeal.--Section 156 of the Energy Policy Act of 1992
(42 U.S.C. 8262b) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
156.

SEC. 4238. REPEAL OF INSPECTOR GENERAL AUDIT SURVEY AND
PRESIDENT'S COUNCIL ON INTEGRITY AND EFFICIENCY
REPORT TO CONGRESS.

(a) Repeal.--Section 160 of the Energy Policy Act of 1992
(42 U.S.C. 8262f) is amended by striking the section
designation and heading and all that follows through ``(c)
Inspector General Review.--Each Inspector General'' and
inserting the following:

``SEC. 160. INSPECTOR GENERAL REVIEW.

``Each Inspector General''.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section 160
and inserting the following:

``Sec. 160. Inspector General review.''.

SEC. 4239. REPEAL OF PROCUREMENT AND IDENTIFICATION OF ENERGY
EFFICIENT PRODUCTS PROGRAM.

(a) Repeal.--Section 161 of the Energy Policy Act of 1992
(42 U.S.C. 8262g) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Policy Act of 1992 (Public Law 102-486; 106 Stat.
2776) is amended by striking the item relating to section
161.

SEC. 4240. REPEAL OF NATIONAL ACTION PLAN FOR DEMAND
RESPONSE.

(a) Repeal.--Part 5 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8279) is repealed.
(b) Conforming Amendment.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206; 121 Stat. 1665) is amended--
(1) by striking the item relating to part 5 of title V; and
(2) by striking the item relating to section 571.

SEC. 4241. REPEAL OF NATIONAL COAL POLICY STUDY.

(a) Repeal.--Section 741 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8451) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 741.

SEC. 4242. REPEAL OF STUDY ON COMPLIANCE PROBLEM OF SMALL
ELECTRIC UTILITY SYSTEMS.

(a) Repeal.--Section 744 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8454) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 744.

SEC. 4243. REPEAL OF STUDY OF SOCIOECONOMIC IMPACTS OF
INCREASED COAL PRODUCTION AND OTHER ENERGY
DEVELOPMENT.

(a) Repeal.--Section 746 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8456) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 746.

SEC. 4244. REPEAL OF STUDY OF THE USE OF PETROLEUM AND
NATURAL GAS IN COMBUSTORS.

(a) Repeal.--Section 747 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8457) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 747.

SEC. 4245. REPEAL OF SUBMISSION OF REPORTS.

(a) Repeal.--Section 807 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8483) is repealed.
(b) Conforming Amendment.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 807.

SEC. 4246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.

(a) Repeal.--Section 808 of the Powerplant and Industrial
Fuel Use Act of 1978 (42 U.S.C. 8484) is repealed.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents for the
Powerplant and Industrial Fuel Use Act of 1978 (Public Law
95-620; 92 Stat. 3289) is amended by striking the item
relating to section 808.
(2) Report on implementation.--Section 712 of the
Powerplant and Industrial Fuel Use Act of 1978 (42 U.S.C.
8422) is amended--
(A) by striking ``(a) Generally.--''; and
(B) by striking subsection (b).

SEC. 4247. TECHNICAL AMENDMENT TO POWERPLANT AND INDUSTRIAL
FUEL USE ACT OF 1978.

The table of contents for the Powerplant and Industrial
Fuel Use Act of 1978 (Public Law 95-620; 92 Stat. 3289) is
amended by striking the item relating to section 742.

SEC. 4248. EMERGENCY ENERGY CONSERVATION REPEALS.

(a) Repeals.--
(1) Section 201 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8501) is amended--
(A) in the section heading, by striking ``FINDINGS AND'';
(B) by striking subsection (a); and
(C) by striking ``(b) Purposes.--''.
(2) Section 221 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8521) is repealed.
(3) Section 222 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8522) is repealed.
(4) Section 241 of the Emergency Energy Conservation Act of
1979 (42 U.S.C. 8531) is repealed.
(b) Conforming Amendment.--The table of contents for the
Emergency Energy Conservation Act of 1979 (Public Law 96-102;
93 Stat. 749) is amended--
(1) by striking the item relating to section 201 and
inserting the following:

``Sec. 201. Purposes.''; and
(2) by striking the items relating to sections 221, 222,
and 241.

SEC. 4249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.

(a) Repeal.--Section 207 of the Energy Conservation and
Production Act (42 U.S.C. 6807) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1125) is amended by striking the item relating to
section 207.

SEC. 4250. REPEAL OF SURVEY OF ENERGY SAVING POTENTIAL.

(a) Repeal.--Section 550 of the National Energy
Conservation Policy Act (42 U.S.C. 8258b) is repealed.
(b) Conforming Amendments.--
(1) The table of contents for the National Energy
Conservation Policy Act (Public Law 95-619; 92 Stat. 3206;
106 Stat. 2851) is amended by striking the item relating to
section 550.
(2) Section 543(d)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(d)(2)) is amended by striking ``,
incorporating any relevant information obtained from the
survey conducted pursuant to section 550''.

SEC. 4251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.

(a) Repeal.--Part 4 of title V of the National Energy
Conservation Policy Act (42 U.S.C. 8271 et seq.) is repealed.
(b) Conforming Amendments.--The table of contents for the
National Energy Conservation Policy Act (Public Law 95-619;
92 Stat. 3206) is amended--
(1) by striking the item relating to part 4 of title V; and
(2) by striking the items relating to sections 561 through
570.

SEC. 4252. REPEAL OF ENERGY AUDITOR TRAINING AND
CERTIFICATION.

(a) Repeal.--Subtitle F of title V of the Energy Security
Act (42 U.S.C. 8285 et seq.) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Security Act (Public Law 96-294; 94 Stat. 611) is
amended by striking the items relating to subtitle F of title
V.

CHAPTER 4--USE OF EXISTING FUNDS

SEC. 4261. USE OF EXISTING FUNDS.

Amounts required for carrying out this Act, other than
section 1201, shall be derived from amounts appropriated
under authority provided by previously enacted law.

TITLE V--NATIONAL ENERGY SECURITY CORRIDORS

SEC. 5001. SHORT TITLE.

This title may be cited as the ``National Energy Security
Corridors Act''.

SEC. 5002. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS
ON FEDERAL LANDS.

(a) In General.--Section 28 of the Mineral Leasing Act (30
U.S.C. 185) is amended as follows:
(1) In subsection (b)--
(A) by striking ``(b)(1) For the purposes of this section
`Federal lands' means'' and inserting the following:

[[Page H8918]]

``(b)(1) For the purposes of this section `Federal lands'--
``(A) except as provided in subparagraph (B), means'';
(B) by striking the period at the end of paragraph (1) and
inserting ``; and'' and by adding at the end of paragraph (1)
the following:
``(B) for purposes of granting an application for a natural
gas pipeline right-of-way, means all lands owned by the
United States except--
``(i) such lands held in trust for an Indian or Indian
tribe; and
``(ii) lands on the Outer Continental Shelf.''.
(2) By redesignating subsection (b), as so amended, as
subsection (z), and transferring such subsection to appear
after subsection (y) of that section.
(3) By inserting after subsection (a) the following:
``(b) National Energy Security Corridors.--
``(1) Designation.--In addition to other authorities under
this section, the Secretary shall--
``(A) identify and designate suitable Federal lands as
National Energy Security Corridors (in this subsection
referred to as a `Corridor'), which shall be used for
construction, operation, and maintenance of natural gas
transmission facilities; and
``(B) incorporate such Corridors upon designation into the
relevant agency land use and resource management plans or
equivalent plans.
``(2) Considerations.--In evaluating Federal lands for
designation as a National Energy Security Corridor, the
Secretary shall--
``(A) employ the principle of multiple use to ensure route
decisions balance national energy security needs with
existing land use principles;
``(B) seek input from other Federal counterparts, State,
local, and tribal governments, and affected utility and
pipeline industries to determine the best suitable, most
cost-effective, and commercially viable acreage for natural
gas transmission facilities;
``(C) focus on transmission routes that improve domestic
energy security through increasing reliability, relieving
congestion, reducing natural gas prices, and meeting growing
demand for natural gas; and
``(D) take into account technological innovations that
reduce the need for surface disturbance.
``(3) Procedures.--The Secretary shall establish procedures
to expedite and approve applications for rights-of-way for
natural gas pipelines across National Energy Security
Corridors, that--
``(A) ensure a transparent process for review of
applications for rights-of-way on such corridors;
``(B) require an approval time of not more than 1 year
after the date of receipt of an application for a right-of-
way; and
``(C) require, upon receipt of such an application, notice
to the applicant of a predictable timeline for consideration
of the application, that clearly delineates important
milestones in the process of such consideration.
``(4) State input.--
``(A) Requests authorized.--The Governor of a State may
submit requests to the Secretary of the Interior to designate
Corridors on Federal land in that State.
``(B) Consideration of requests.--After receiving such a
request, the Secretary shall respond in writing, within 30
days--
``(i) acknowledging receipt of the request; and
``(ii) setting forth a timeline in which the Secretary
shall grant, deny, or modify such request and state the
reasons for doing so.
``(5) Spatial distribution of corridors.--In implementing
this subsection, the Secretary shall coordinate with other
Federal Departments to--
``(A) minimize the proliferation of duplicative natural gas
pipeline rights-of-way on Federal lands where feasible;
``(B) ensure Corridors can connect effectively across
Federal lands; and
``(C) utilize input from utility and pipeline industries
submitting applications for rights-of-way to site corridors
in economically feasible areas that reduce impacts, to the
extent practicable, on local communities.
``(6) Not a major federal action.--Designation of a
Corridor under this subsection, and incorporation of
Corridors into agency plans under paragraph (1)(B), shall not
be treated as a major Federal action for purpose of section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
``(7) No limit on number or length of corridors.--Nothing
in this subsection limits the number or physical dimensions
of Corridors that the Secretary may designate under this
subsection.
``(8) Other authority not affected.--Nothing in this
subsection affects the authority of the Secretary to issue
rights-of-way on Federal land that is not located in a
Corridor designated under this subsection.
``(9) NEPA clarification.--All applications for rights-of-
way for natural gas transmission facilities across Corridors
designated under this subsection shall be subject to the
environmental protections outlined in subsection (h).''.
(b) Applications Received Before Designation of
Corridors.--Any application for a right-of-way under section
28 of the Mineral Leasing Act (30 U.S.C. 185) that is
received by the Secretary of the Interior before designation
of National Energy Security Corridors under the amendment
made by subsection (a) of this section shall be reviewed and
acted upon independently by the Secretary without regard to
the process for such designation.
(c) Deadline.--Within 2 years after the date of the
enactment of this Act, the Secretary of the Interior shall
designate at least 10 National Energy Security Corridors
under the amendment made by subsection (a) in contiguous
States referred to in section 368(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15926(b)).

SEC. 5003. NOTIFICATION REQUIREMENT.

The Secretary of the Interior shall promptly notify the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate of each instance in which any agency
or official of the Department of the Interior fails to comply
with any schedule established under section 15(c) of the
Natural Gas Act (15 U.S.C. 717n(c)).

TITLE VI--ELECTRICITY RELIABILITY AND FOREST PROTECTION

SEC. 6001. SHORT TITLE.

This title may be cited as the ``Electricity Reliability
and Forest Protection Act''.

SEC. 6002. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE ON FEDERAL LANDS
CONTAINING ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITIES.

(a) In General.--Title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by
adding at the end the following new section:

``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION, AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS-
OF-WAY.

``(a) General Direction.--In order to enhance the
reliability of the electricity grid and reduce the threat of
wildfires to and from electric transmission and distribution
rights-of-way and related facilities and adjacent property,
the Secretary, with respect to public lands and other lands
under the jurisdiction of the Secretary, and the Secretary of
Agriculture, with respect to National Forest System lands,
shall provide direction to ensure that all existing and
future rights-of-way, however established (including by
grant, special use authorization, and easement), for
electrical transmission and distribution facilities on such
lands include provisions for utility vegetation management,
facility inspection, and operation and maintenance activities
that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way;
``(2) enable the owner or operator of a facility to operate
and maintain the facility in good working order and to comply
with Federal, State and local electric system reliability and
fire safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation and plans to meet such reliability standards;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management, facility inspection,
and operation and maintenance activities within existing
electrical transmission and distribution rights-of-way; and
``(B) utility vegetation management activities that are
necessary to control hazard trees within or adjacent to
electrical transmission and distribution rights-of-way; and
``(4) when review is required, provide for expedited review
and approval of utility vegetation management, facility
inspection, and operation and maintenance activities,
especially activities requiring prompt action to avoid an
adverse impact on human safety or electric reliability to
avoid fire hazards.
``(b) Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary and the Secretary of
Agriculture shall provide owners and operators of electric
transmission and distribution facilities located on lands
described in such subsection with the option to develop and
submit a vegetation management, facility inspection, and
operation and maintenance plan, that at each owner or
operator's transmission discretion may cover some or all of
the owner or operator's transmission and distribution rights-
of-way on Federal lands, for approval to the Secretary with
jurisdiction over the lands. A plan under this paragraph
shall enable the owner or operator of a facility, at a
minimum, to comply with applicable Federal, State, and local
electric system reliability and fire safety requirements, as
provided in subsection (a)(2). The Secretaries shall not have
the authority to modify those requirements.
``(2) Review and approval process.--The Secretary and the
Secretary of Agriculture shall jointly develop a consolidated
and coordinated process for review and approval of--
``(A) vegetation management, facility inspection, and
operation and maintenance plans submitted under paragraph (1)
that--
``(i) assures prompt review and approval not to exceed 90
days;
``(ii) includes timelines and benchmarks for agency
comments to submitted plans and final approval of such plans;
``(iii) is consistent with applicable law; and
``(iv) minimizes the costs of the process to the reviewing
agency and the entity submitting the plans; and
``(B) amendments to the plans in a prompt manner if changed
conditions necessitate a modification to a plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any changed
conditions that warrant a modification to a plan;
``(B) provide an opportunity for the owner or operator to
submit a proposed plan amendment to address directly the
changed condition; and
``(C) allow the owner or operator to continue to implement
those elements of the approved plan that do not directly and
adversely affect the condition precipitating the need for
modification.

[[Page H8919]]

``(4) Categorical exclusion process.--The Secretary and the
Secretary of Agriculture shall apply his or her categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to plans developed under
this subsection on existing transmission and distribution
rights-of-way under this subsection.
``(5) Implementation.--A plan approved under this
subsection shall become part of the authorization governing
the covered right-of-way and hazard trees adjacent to the
right-of-way. If a vegetation management plan is proposed for
an existing transmission and distribution facility concurrent
with the siting of a new transmission or distribution
facility, necessary reviews shall be completed as part of the
siting process or sooner. Once the plan is approved, the
owner or operator shall provide the agency with only a
notification of activities anticipated to be undertaken in
the coming year, a description of those activities, and
certification that the activities are in accordance with the
plan.
``(6) Definitions.--In this subsection:
``(A) Vegetation management, facility inspection, and
operation and maintenance plan.--The term `vegetation
management, facility inspection, and operation and
maintenance plan' means a plan that--
``(i) is prepared by the owner or operator of one or more
electrical transmission or distribution facilities to cover
one or more electric transmission and distribution rights-of-
way; and
``(ii) provides for the long-term, cost-effective,
efficient and timely management of facilities and vegetation
within the width of the right-of-way and adjacent Federal
lands to enhance electricity reliability, promote public
safety, and avoid fire hazards.
``(B) Owner or operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of a facility.
``(C) Hazard tree.--The term `hazard tree' means any tree
inside the right-of-way or located outside the right-of-way
that has been found by the either the owner or operator of a
transmission or distribution facility, or the Secretary or
the Secretary of Agriculture, to be likely to fail and cause
a high risk of injury, damage, or disruption within 10 feet
or less of an electric power line or related structure if it
fell.
``(c) Response to Emergency Conditions.--If vegetation on
Federal lands within, or hazard trees on Federal lands
adjacent to, an electrical transmission or distribution
right-of-way granted by the Secretary or the Secretary of
Agriculture has contacted or is in imminent danger of
contacting one or more electric transmission or distribution
lines, the owner or operator of the transmission or
distribution lines--
``(1) may prune or remove the vegetation to avoid the
disruption of electric service and risk of fire; and
``(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such
removal.
``(d) Compliance With Applicable Reliability and Safety
Standards.--If vegetation on Federal lands within or adjacent
to an electrical transmission or distribution right-of-way
under the jurisdiction of each Secretary does not meet
clearance requirements under standards established by the
North American Electric Reliability Corporation, or by State
and local authorities, and the Secretary having jurisdiction
over the lands has failed to act to allow a transmission or
distribution facility owner or operator to conduct vegetation
management activities within 3 business days after receiving
a request to allow such activities, the owner or operator
may, after notifying the Secretary, conduct such vegetation
management activities to meet those clearance requirements.
``(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under
subsections (c) and (d) annually on each Secretary's website.
``(f) Liability.--An owner or operator of a transmission or
distribution facility shall not be held liable for wildfire
damage, loss or injury, including the cost of fire
suppression, if--
``(1) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator to operate consistently with
an approved vegetation management, facility inspection, and
operation and maintenance plan on Federal lands under the
relevant Secretary's jurisdiction within or adjacent to a
right-of-way to comply with Federal, State or local electric
system reliability and fire safety standards, including
standards established by the North American Electric
Reliability Corporation; or
``(2) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator of the transmission or
distribution facility to perform appropriate vegetation
management activities in response to an identified hazard
tree as defined under subsection (b)(6), or a tree in
imminent danger of contacting the owner's or operator's
transmission or distribution facility.
``(g) Training and Guidance.--In consultation with the
electric utility industry, the Secretary and the Secretary of
Agriculture are encouraged to develop a program to train
personnel of the Department of the Interior and the Forest
Service involved in vegetation management decisions relating
to transmission and distribution facilities to ensure that
such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation;
``(2) assist owners and operators of transmission and
distribution facilities to comply with applicable electric
reliability and fire safety requirements; and
``(3) encourage and assist willing owners and operators of
transmission and distribution facilities to incorporate on a
voluntary basis vegetation management practices to enhance
habitats and forage for pollinators and for other wildlife so
long as the practices are compatible with the integrated
vegetation management practices necessary for reliability and
safety.
``(h) Implementation.--The Secretary of the Interior and
the Secretary of Agriculture shall--
``(1) not later than one year after the date of the
enactment of this section, prescribe regulations, or amend
existing regulations, to implement this section; and
``(2) not later than two years after the date of the
enactment of this section, finalize regulations, or amend
existing regulations, to implement this section.
``(i) Existing Vegetation Management, Facility Inspection
and Operation and Maintenance Plans.--Nothing in this section
requires an owner or operator to develop and submit a
vegetation management, facility inspection, and operation and
maintenance plan if one has already been approved by the
Secretary or Secretary of Agriculture before the date of the
enactment of this section.''.
(b) Clerical Amendment.--The table of sections for the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761 et seq.), is amended by inserting after the item
relating to section 511 the following new item:

``Sec. 512. Vegetation management, facility inspection, and operation,
and maintenance relating to electric transmission and
distribution facility rights-of-way.''.

The Acting CHAIR. No amendment to that amendment in the nature of a
substitute shall be in order except those printed in House Report 114-
359. Each such amendment may be offered only in the order printed in
the report, by a Member designated in the report, shall be considered
as read, shall be debatable for the time specified in the report
equally divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a demand for
division of the question.

Amendment No. 1 Offered by Mr. Upton

The Acting CHAIR. It is now in order to consider amendment No. 1
printed in House Report 114-359.
Mr. UPTON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amend the table of contents to read as follows:

Sec. 1. Short title; table of contents.

TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

Subtitle A--Energy Delivery, Reliability, and Security

Sec. 1101. FERC process coordination.
Sec. 1102. Resolving environmental and grid reliability conflicts.
Sec. 1103. Emergency preparedness for energy supply disruptions.
Sec. 1104. Critical electric infrastructure security.
Sec. 1105. Strategic Transformer Reserve.
Sec. 1106. Cyber Sense.
Sec. 1107. State coverage and consideration of PURPA standards for
electric utilities.
Sec. 1108. Reliability analysis for certain rules that affect electric
generating facilities.
Sec. 1109. Increased accountability with respect to carbon capture,
utilization, and sequestration projects.
Sec. 1110. Reliability and performance assurance in Regional
Transmission Organizations.
Sec. 1111. Designation of National Energy Security Corridors on Federal
lands.
Sec. 1112. Vegetation management, facility inspection, and operation
and maintenance on Federal lands containing electric
transmission and distribution facilities.

Subtitle B--Hydropower Regulatory Modernization

Sec. 1201. Protection of private property rights in hydropower
licensing.
Sec. 1202. Extension of time for FERC project involving W. Kerr Scott
Dam.
Sec. 1203. Hydropower licensing and process improvements.
Sec. 1204. Judicial review of delayed Federal authorizations.
Sec. 1205. Licensing study improvements.
Sec. 1206. Closed-loop pumped storage projects.
Sec. 1207. License amendment improvements.
Sec. 1208. Promoting hydropower development at existing nonpowered
dams.

TITLE II--ENERGY SECURITY AND DIPLOMACY

Sec. 2001. Sense of Congress.
Sec. 2002. Energy security valuation.
Sec. 2003. North American energy security plan.
Sec. 2004. Collective energy security.
Sec. 2005. Authorization to export natural gas.

[[Page H8920]]

TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

Subtitle A--Energy Efficiency

Chapter 1--Federal Agency Energy Efficiency

Sec. 3111. Energy-efficient and energy-saving information technologies.
Sec. 3112. Energy efficient data centers.
Sec. 3113. Report on energy and water savings potential from thermal
insulation.
Sec. 3114. Federal purchase requirement.
Sec. 3115. Energy performance requirement for Federal buildings.
Sec. 3116. Federal building energy efficiency performance standards;
certification system and level for Federal buildings.
Sec. 3117. Operation of battery recharging stations in parking areas
used by Federal employees.

Chapter 2--Energy Efficient Technology and Manufacturing

Sec. 3121. Inclusion of Smart Grid capability on Energy Guide labels.
Sec. 3122. Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.
Sec. 3123. Facilitating consensus furnace standards.
Sec. 3124. No warranty for certain certified Energy Star products.
Sec. 3125. Clarification to effective date for regional standards.
Sec. 3126. Internet of Things report.

Chapter 3--School Buildings

Sec. 3131. Coordination of energy retrofitting assistance for schools.

Chapter 4--Building Energy Codes

Sec. 3141. Greater energy efficiency in building codes.
Sec. 3142. Voluntary nature of building asset rating program.

Chapter 5--EPCA Technical Corrections and Clarifications

Sec. 3151. Modifying product definitions.
Sec. 3152. Clarifying rulemaking procedures.

Chapter 6--Energy and Water Efficiency

Sec. 3161. Smart energy and water efficiency pilot program.
Sec. 3162. WaterSense.

Subtitle B--Accountability

Chapter 1--Market Manipulation, Enforcement, and Compliance

Sec. 3211. FERC Office of Compliance Assistance and Public
Participation.

Chapter 2--Market Reforms

Sec. 3221. GAO study on wholesale electricity markets.
Sec. 3222. Clarification of facility merger authorization.

Chapter 3--Code Maintenance

Sec. 3231. Repeal of off-highway motor vehicles study.
Sec. 3232. Repeal of methanol study.
Sec. 3233. Repeal of residential energy efficiency standards study.
Sec. 3234. Repeal of weatherization study.
Sec. 3235. Repeal of report to Congress.
Sec. 3236. Repeal of report by General Services Administration.
Sec. 3237. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 3238. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report to Congress.
Sec. 3239. Repeal of procurement and identification of energy efficient
products program.
Sec. 3240. Repeal of national action plan for demand response.
Sec. 3241. Repeal of national coal policy study.
Sec. 3242. Repeal of study on compliance problem of small electric
utility systems.
Sec. 3243. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 3244. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 3245. Repeal of submission of reports.
Sec. 3246. Repeal of electric utility conservation plan.
Sec. 3247. Technical amendment to Powerplant and Industrial Fuel Use
Act of 1978.
Sec. 3248. Emergency energy conservation repeals.
Sec. 3249. Repeal of State utility regulatory assistance.
Sec. 3250. Repeal of survey of energy saving potential.
Sec. 3251. Repeal of photovoltaic energy program.
Sec. 3252. Repeal of energy auditor training and certification.

Chapter 4--Use of Existing Funds

Sec. 3261. Use of existing funds.

Page 25, strike lines 1 though 11 and insert the following:
``(7) Disclosure of protected information.--In implementing
this section, the Commission shall segregate critical
electric infrastructure information or information that
reasonably could be expected to lead to the disclosure of the
critical electric infrastructure information within documents
and electronic communications, wherever feasible, to
facilitate disclosure of information that is not designated
as critical electric infrastructure information.
Beginning on page 36, strike line 21 and all that follows
through page 37, line 3 and insert the following:
(e) Disclosure of Information.--Any information included in
the Strategic Transformer Reserve plan, or shared in the
preparation and development of such plan, the disclosure of
which the agency reasonably foresees would cause harm to
critical electric infrastructure, shall be deemed to be
critical electric infrastructure information for purposes of
section 215A(d) of the Federal Power Act.
Beginning on page 38, strike line 20 and all that follows
through page 39, line 2 and insert the following:
(c) Disclosure of Information.--Any vulnerability reported
pursuant to regulations promulgated under subsection (b)(3),
the disclosure of which the agency reasonably foresees would
cause harm to critical electric infrastructure (as defined in
section 215A of the Federal Power Act), shall be deemed to be
critical electric infrastructure information for purposes of
section 215A(d) of the Federal Power Act.
Amend section 1109 to read as follows:

SEC. 1109. INCREASED ACCOUNTABILITY WITH RESPECT TO CARBON
CAPTURE, UTILIZATION, AND SEQUESTRATION
PROJECTS.

(a) DOE Evaluation.--
(1) In general.--The Secretary of Energy (in this section
referred to as the ``Secretary'') shall, in accordance with
this section, annually conduct an evaluation, and make
recommendations, with respect to each project conducted by
the Secretary for research, development, demonstration, or
deployment of carbon capture, utilization, and sequestration
technologies (also known as carbon capture and storage and
utilization technologies).
(2) Scope.--For purposes of this section, a project
includes any contract, lease, cooperative agreement, or other
similar transaction with a public agency or private
organization or person, entered into or performed, or any
payment made, by the Secretary for research, development,
demonstration, or deployment of carbon capture, utilization,
and sequestration technologies.
(b) Requirements for Evaluation.--In conducting an
evaluation of a project under this section, the Secretary
shall--
(1) examine if the project has made advancements toward
achieving any specific goal of the project with respect to a
carbon capture, utilization, and sequestration technology;
and
(2) evaluate and determine if the project has made
significant progress in advancing a carbon capture,
utilization, and sequestration technology.
(c) Recommendations.--For each evaluation of a project
conducted under this section, if the Secretary determines
that--
(1) significant progress in advancing a carbon capture,
utilization, and sequestration technology has been made, the
Secretary shall assess the funding of the project and make a
recommendation as to whether increased funding is necessary
to advance the project; or
(2) significant progress in advancing a carbon capture,
utilization, and sequestration technology has not been made,
the Secretary shall--
(A) assess the funding of the project and make a
recommendation as to whether increased funding is necessary
to advance the project;
(B) assess and determine if the project has reached its
full potential; and
(C) make a recommendation as to whether the project should
continue.
(d) Reports.--
(1) Report on evaluations and recommendations.--Not later
than 2 years after the date of enactment of this Act, and
every 2 years thereafter, the Secretary shall--
(A) issue a report on the evaluations conducted and
recommendations made during the previous year pursuant to
this section; and
(B) make each such report available on the Internet website
of the Department of Energy.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, and every 3 years thereafter, the
Secretary shall submit to the Subcommittee on Energy and
Power of the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(A) the evaluations conducted and recommendations made
during the previous 3 years pursuant to this section; and
(B) the progress of the Department of Energy in advancing
carbon capture, utilization, and sequestration technologies,
including progress in achieving the Department of Energy's
goal of having an array of advanced carbon capture and
sequestration technologies ready by 2020 for large-scale
demonstration.
Insert after section 1110 the following:

SEC. 1111. DESIGNATION OF NATIONAL ENERGY SECURITY CORRIDORS
ON FEDERAL LANDS.

[[Page H8921]]

``(A) except as provided in subparagraph (B), means'';
(B) by striking the period at the end of paragraph (1) and
inserting ``; and'' and by adding at the end of paragraph (1)
the following:
``(B) for purposes of granting an application for a natural
gas pipeline right-of-way, means all lands owned by the
United States except--
``(i) such lands held in trust for an Indian or Indian
tribe; and
``(ii) lands on the Outer Continental Shelf.''.
(2) By redesignating subsection (b), as so amended, as
subsection (z), and transferring such subsection to appear
after subsection (y) of that section.
(3) By inserting after subsection (a) the following:
``(b) National Energy Security Corridors.--
``(1) Designation.--In addition to other authorities under
this section, the Secretary shall--
``(A) identify and designate suitable Federal lands as
National Energy Security Corridors (in this subsection
referred to as a `Corridor'), which shall be used for
construction, operation, and maintenance of natural gas
transmission facilities; and
``(B) incorporate such Corridors upon designation into the
relevant agency land use and resource management plans or
equivalent plans.
``(2) Considerations.--In evaluating Federal lands for
designation as a National Energy Security Corridor, the
Secretary shall--
``(A) employ the principle of multiple use to ensure route
decisions balance national energy security needs with
existing land use principles;
``(B) seek input from other Federal counterparts, State,
local, and tribal governments, and affected utility and
pipeline industries to determine the best suitable, most
cost-effective, and commercially viable acreage for natural
gas transmission facilities;
``(C) focus on transmission routes that improve domestic
energy security through increasing reliability, relieving
congestion, reducing natural gas prices, and meeting growing
demand for natural gas; and
``(D) take into account technological innovations that
reduce the need for surface disturbance.
``(3) Procedures.--The Secretary shall establish procedures
to expedite and approve applications for rights-of-way for
natural gas pipelines across National Energy Security
Corridors, that--
``(A) ensure a transparent process for review of
applications for rights-of-way on such corridors;
``(B) require an approval time of not more than 1 year
after the date of receipt of an application for a right-of-
way; and
``(C) require, upon receipt of such an application, notice
to the applicant of a predictable timeline for consideration
of the application, that clearly delineates important
milestones in the process of such consideration.
``(4) State input.--
``(A) Requests authorized.--The Governor of a State may
submit requests to the Secretary of the Interior to designate
Corridors on Federal land in that State.
``(B) Consideration of requests.--After receiving such a
request, the Secretary shall respond in writing, within 30
days--
``(i) acknowledging receipt of the request; and
``(ii) setting forth a timeline in which the Secretary
shall grant, deny, or modify such request and state the
reasons for doing so.
``(5) Spatial distribution of corridors.--In implementing
this subsection, the Secretary shall coordinate with other
Federal Departments to--
``(A) minimize the proliferation of duplicative natural gas
pipeline rights-of-way on Federal lands where feasible;
``(B) ensure Corridors can connect effectively across
Federal lands; and
``(C) utilize input from utility and pipeline industries
submitting applications for rights-of-way to site corridors
in economically feasible areas that reduce impacts, to the
extent practicable, on local communities.
``(6) Not a major federal action.--Designation of a
Corridor under this subsection, and incorporation of
Corridors into agency plans under paragraph (1)(B), shall not
be treated as a major Federal action for purpose of section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
``(7) No limit on number or length of corridors.--Nothing
in this subsection limits the number or physical dimensions
of Corridors that the Secretary may designate under this
subsection.
``(8) Other authority not affected.--Nothing in this
subsection affects the authority of the Secretary to issue
rights-of-way on Federal land that is not located in a
Corridor designated under this subsection.
``(9) NEPA clarification.--All applications for rights-of-
way for natural gas transmission facilities across Corridors
designated under this subsection shall be subject to the
environmental protections outlined in subsection (h).''.
(b) Applications Received Before Designation of
Corridors.--Any application for a right-of-way under section
28 of the Mineral Leasing Act (30 U.S.C. 185) that is
received by the Secretary of the Interior before designation
of National Energy Security Corridors under the amendment
made by subsection (a) of this section shall be reviewed and
acted upon independently by the Secretary without regard to
the process for such designation.
(c) Deadline.--Within 2 years after the date of the
enactment of this Act, the Secretary of the Interior shall
designate at least 10 National Energy Security Corridors
under the amendment made by subsection (a) in States referred
to in section 368(b) of the Energy Policy Act of 2005 (42
U.S.C. 15926(b)).

SEC. 1112. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE ON FEDERAL LANDS
CONTAINING ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITIES.

(a) In General.--Title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by
adding at the end the following new section:

``SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS-
OF-WAY.

``(a) General Direction.--In order to enhance the
reliability of the electric grid and reduce the threat of
wildfires to and from electric transmission and distribution
rights-of-way and related facilities and adjacent property,
the Secretary, with respect to public lands and other lands
under the jurisdiction of the Secretary, and the Secretary of
Agriculture, with respect to National Forest System lands,
shall provide direction to ensure that all existing and
future rights-of-way, however established (including by
grant, special use authorization, and easement), for electric
transmission and distribution facilities on such lands
include provisions for utility vegetation management,
facility inspection, and operation and maintenance activities
that, while consistent with applicable law--
``(1) are developed in consultation with the holder of the
right-of-way;
``(2) enable the owner or operator of an electric
transmission and distribution facility to operate and
maintain the facility in good working order and to comply
with Federal, State, and local electric system reliability
and fire safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation and plans to meet such reliability standards;
``(3) minimize the need for case-by-case or annual
approvals for--
``(A) routine vegetation management, facility inspection,
and operation and maintenance activities within existing
electric transmission and distribution rights-of-way; and
``(B) utility vegetation management activities that are
necessary to control hazard trees within or adjacent to
electric transmission and distribution rights-of-way; and
``(4) when review is required, provide for expedited review
and approval of utility vegetation management, facility
inspection, and operation and maintenance activities,
especially activities requiring prompt action to avoid an
adverse impact on human safety or electric reliability to
avoid fire hazards.
``(b) Vegetation Management, Facility Inspection, and
Operation and Maintenance Plans.--
``(1) Development and submission.--Consistent with
subsection (a), the Secretary and the Secretary of
Agriculture shall provide owners and operators of electric
transmission and distribution facilities located on lands
described in such subsection with the option to develop and
submit a vegetation management, facility inspection, and
operation and maintenance plan, that at each owner or
operator's discretion may cover some or all of the owner or
operator's electric transmission and distribution rights-of-
way on Federal lands, for approval to the Secretary with
jurisdiction over the lands. A plan under this paragraph
shall enable the owner or operator of an electric
transmission and distribution facility, at a minimum, to
comply with applicable Federal, State, and local electric
system reliability and fire safety requirements, as provided
in subsection (a)(2). The Secretaries shall not have the
authority to modify those requirements.
``(2) Review and approval process.--The Secretary and the
Secretary of Agriculture shall jointly develop a consolidated
and coordinated process for review and approval of--
``(A) vegetation management, facility inspection, and
operation and maintenance plans submitted under paragraph (1)
that--
``(i) assures prompt review and approval not to exceed 90
days;
``(ii) includes timelines and benchmarks for agency
comments on submitted plans and final approval of such plans;
``(iii) is consistent with applicable law; and
``(iv) minimizes the costs of the process to the reviewing
agency and the entity submitting the plans; and
``(B) amendments to the plans in a prompt manner if changed
conditions necessitate a modification to a plan.
``(3) Notification.--The review and approval process under
paragraph (2) shall--
``(A) include notification by the agency of any changed
conditions that warrant a modification to a plan;
``(B) provide an opportunity for the owner or operator to
submit a proposed plan amendment to address directly the
changed condition; and

[[Page H8922]]

``(C) allow the owner or operator to continue to implement
those elements of the approved plan that do not directly and
adversely affect the condition precipitating the need for
modification.
``(4) Categorical exclusion process.--The Secretary and the
Secretary of Agriculture shall apply his or her categorical
exclusion process under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) to plans developed under
this subsection on existing electric transmission and
distribution rights-of-way under this subsection.
``(5) Implementation.--A plan approved under this
subsection shall become part of the authorization governing
the covered right-of-way and hazard trees adjacent to the
right-of-way. If a vegetation management plan is proposed for
an existing electric transmission and distribution facility
concurrent with the siting of a new electric transmission or
distribution facility, necessary reviews shall be completed
as part of the siting process or sooner. Once the plan is
approved, the owner or operator shall provide the agency with
only a notification of activities anticipated to be
undertaken in the coming year, a description of those
activities, and certification that the activities are in
accordance with the plan.
``(c) Response to Emergency Conditions.--If vegetation on
Federal lands within, or hazard trees on Federal lands
adjacent to, an electric transmission or distribution right-
of-way granted by the Secretary or the Secretary of
Agriculture has contacted or is in imminent danger of
contacting one or more electric transmission or distribution
lines, the owner or operator of the electric transmission or
distribution lines--
``(1) may prune or remove the vegetation to avoid the
disruption of electric service and risk of fire; and
``(2) shall notify the appropriate local agent of the
relevant Secretary not later than 24 hours after such
removal.
``(d) Compliance With Applicable Reliability and Safety
Standards.--If vegetation on Federal lands within or adjacent
to an electric transmission or distribution right-of-way
under the jurisdiction of each Secretary does not meet
clearance requirements under standards established by the
North American Electric Reliability Corporation, or by State
and local authorities, and the Secretary having jurisdiction
over the lands has failed to act to allow an electric
transmission or distribution facility owner or operator to
conduct vegetation management activities within 3 business
days after receiving a request to allow such activities, the
owner or operator may, after notifying the Secretary, conduct
such vegetation management activities to meet those clearance
requirements.
``(e) Reporting Requirement.--The Secretary or Secretary of
Agriculture shall report requests and actions made under
subsections (c) and (d) annually on each Secretary's website.
``(f) Liability.--An owner or operator of an electric
transmission or distribution facility shall not be held
liable for wildfire damage, loss, or injury, including the
cost of fire suppression, if--
``(1) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator to operate consistently with
an approved vegetation management, facility inspection, and
operation and maintenance plan on Federal lands under the
relevant Secretary's jurisdiction within or adjacent to a
right-of-way to comply with Federal, State, or local electric
system reliability and fire safety standards, including
standards established by the North American Electric
Reliability Corporation; or
``(2) the Secretary or the Secretary of Agriculture fails
to allow the owner or operator of the electric transmission
or distribution facility to perform appropriate vegetation
management activities in response to an identified hazard
tree, or a tree in imminent danger of contacting the owner's
or operator's electric transmission or distribution facility.
``(g) Training and Guidance.--In consultation with the
electric utility industry, the Secretary and the Secretary of
Agriculture are encouraged to develop a program to train
personnel of the Department of the Interior and the Forest
Service involved in vegetation management decisions relating
to electric transmission and distribution facilities to
ensure that such personnel--
``(1) understand electric system reliability and fire
safety requirements, including reliability standards
established by the North American Electric Reliability
Corporation;
``(2) assist owners and operators of electric transmission
and distribution facilities to comply with applicable
electric reliability and fire safety requirements; and
``(3) encourage and assist willing owners and operators of
electric transmission and distribution facilities to
incorporate on a voluntary basis vegetation management
practices to enhance habitats and forage for pollinators and
for other wildlife so long as the practices are compatible
with the integrated vegetation management practices necessary
for reliability and safety.
``(h) Implementation.--The Secretary and the Secretary of
Agriculture shall--
``(1) not later than one year after the date of the
enactment of this section, propose regulations, or amended
existing regulations, to implement this section; and
``(2) not later than two years after the date of the
enactment of this section, finalize regulations, or amended
existing regulations, to implement this section.
``(i) Existing Vegetation Management, Facility Inspection,
and Operation and Maintenance Plans.--Nothing in this section
requires an owner or operator to develop and submit a
vegetation management, facility inspection, and operation and
maintenance plan if one has already been approved by the
Secretary or Secretary of Agriculture before the date of the
enactment of this section.
``(j) Definitions.--In this section:
``(1) Hazard tree.--The term `hazard tree' means any tree
inside the right-of-way or located outside the right-of-way
that has been found by the either the owner or operator of an
electric transmission or distribution facility, or the
Secretary or the Secretary of Agriculture, to be likely to
fail and cause a high risk of injury, damage, or disruption
within 10 feet of an electric power line or related structure
if it fell.
``(2) Owner or operator.--The terms `owner' and `operator'
include contractors or other agents engaged by the owner or
operator of an electric transmission and distribution
facility.
``(3) Vegetation management, facility inspection, and
operation and maintenance plan.--The term `vegetation
management, facility inspection, and operation and
maintenance plan' means a plan that--
``(A) is prepared by the owner or operator of one or more
electric transmission or distribution facilities to cover one
or more electric transmission and distribution rights-of-way;
and
``(B) provides for the long-term, cost-effective,
efficient, and timely management of facilities and vegetation
within the width of the right-of-way and adjacent Federal
lands to enhance electric reliability, promote public safety,
and avoid fire hazards.''.
(b) Clerical Amendment.--The table of sections for the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761 et seq.), is amended by inserting after the item
relating to section 511 the following new item:

``Sec. 512. Vegetation management, facility inspection, and operation
and maintenance relating to electric transmission and
distribution facility rights-of-way.''.
Strike subtitle B of title I and redesignate subtitle C of
such title as subtitle B.
Strike section 1301.
Redesignate sections 1302 through 1309 as sections 1201
through 1208, respectively.
Page 88, line 3, strike ``1304'' and insert ``1203''.
Page 90, line 5, strike ``1306'' and insert ``1205''.
Page 92, line 3, strike ``1307'' and insert ``1206''.
Page 100, line 6, strike ``1308'' and insert ``1207''.
Strike title II and redesignate titles III and IV as titles
II and III, respectively.
Redesignate sections 3001 through 3004 as sections 2001
through 2004, respectively.
Page 117, line 11, insert ``, the Committee on Science,
Space, and Technology,'' after ``Energy and Commerce''.
Page 117, line 13, insert ``, the Committee on Commerce,
Science, and Transportation,'' after ``Energy and Natural
Resources'''.
Strike section 3005.
Redesignate section 3006 as section 2005.
Redesignate sections 4111 through 4117 as sections 3111
though 3117, respectively.
Redesignate sections 4121 through 4123 as sections 3121
through 3123, respectively.
Page 157, beginning on line 15, strike ``, to be exempted
from disclosure under section 552(b)(4) of title 5, United
States Code''.
Strike section 4124.
Redesignate sections 4125 through 4127 as sections 3124
though 3126, respectively.
Strike chapter 3 of subtitle A of title III, as
redesignated by this amendment, and redesignate chapters 4
through 7 of such subtitle as chapters 3 through 6,
respectively.
Redesignate section 4141 as section 3131.
Redesignate sections 4151 and 4152 as sections 3141 and
3142, respectively.
Page 174, line 22, strike ``4116'' and insert ``3116''.
Redesignate sections 4161 and 4162 as sections 3151 and
3152, respectively.
Redesignate sections 4171 and 4172 as sections 3161 and
3162, respectively.
Beginning on page 218, strike line 12 and all that follows
through page 219, line 2 and insert the following:
(c) Funding.--To carry out this section, the Secretary is
authorized to use not more than $15,000,000, to the extent
provided in advance in appropriation Acts.
Redesignate section 4211 as section 3211.
Redesignate sections 4221 and 4222 as sections 3221 and
3222, respectively.
Redesignate sections 4231 through 4252 as sections 3231
through 3252, respectively.
Beginning on page 238, strike line 22 and all that follows
through page 239, line 2 and insert the following:

CHAPTER 4--AUTHORIZATION

SEC. 3261 AUTHORIZATION.

There are authorized to be appropriated, out of funds
authorized under previously enacted laws, amounts required
for carrying out this Act and the amendments made by this
Act.
Strike titles V and VI.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Michigan (Mr. Upton) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.

[[Page H8923]]

{time} 1545

Mr. UPTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment strikes a number of provisions, some of
which have already been enacted into law, and makes technical and
conforming changes to the reported text of H.R. 8, H.R. 2295, and H.R.
2358. So the overall bill, I would say, H.R. 8, is a broad, bipartisan
bill. It seeks to maximize America's energy potential, and it seeks to
update and modernize outdated policies rooted in an era of energy
scarcity to reflect today's era of energy abundance. I think that this
is a good amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. RUSH. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. RUSH. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, how in the world did we get to this point? How did we
get to the point of the majority party bringing forth this highly
partisan, backwards-looking, does-more-harm-than-good so-called energy
bill after all the time and all the effort that was put forth by both
sides to come up with a bipartisan compromise?
Mr. Chairman, after working together for the majority of this year,
literally moments before the full Energy and Commerce Committee was set
to mark up this bill, the rug was pulled out from under the minority
side, and the Republicans turned their collective back on the
legislative compromise.
We were informed that the majority had reneged on its prior
commitments, and what was initially supposed to be an infrastructure
bill would contain no actual funding for any infrastructure projects--
not one red cent.
In addition to reneging on a promise to fund a grid modernization
program and a pipeline replacement program that would have benefited
low-income consumers, the majority has also stripped the one provision
of the bill that received widespread praise and support from both sides
of the aisle.
The 21st Century Workforce title that my office had authored has been
stripped from this awful excuse for a comprehensive energy bill.
It would seem, Mr. Chairman, that all of the care and support that my
Republican colleagues professed to have for helping minorities, women,
and veterans find good-paying energy jobs and careers has somehow not
only dissipated, but has totally disappeared.
It would appear, Mr. Chairman, that due to the apathy and
indifference of a few highly privileged desk jockey elitists from the
Heritage Foundation, helping to improve the plight of millions of
disadvantaged Americans who have been historically underserved and
underemployed within the energy sector is now considered to be, to use
their very words, ``wasteful, ineffective, and inefficient.''
So, what we are left, Mr. Chairman, with is this: What aspects of
this bill can we take back to our constituents? What aspects of this
bill can we tell our constituents with a straight face will help them
improve their lives?
All this bill does, Mr. Chairman, is attempt to strip away oversight
and roll back regulations in order to help industry game the system and
increase its profit at the expense of the American people. Mr.
Chairman, this bill is a sham, and it will actually take the Nation's
energy policy backwards, all the way back.
Mr. Chairman, the 21st Century Workforce amendment represented a win
for industry, a win for our communities, and a win for Americans all.
Deleting this very provision that was unanimously approved in committee
speaks volumes about the majority's commitment to minorities, to women,
and to veterans. This bill, H.R. 8, leaves women behind, it leaves
minorities behind, it leaves veterans behind, it leaves low-income
communities behind, and it leaves America behind.
Mr. Chairman, for this reason, I oppose the bill.
I yield back the balance of my time.
Mr. UPTON. Mr. Chairman, I ask for a favorable vote on the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Upton).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. RUSH. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Michigan
will be postponed.

Amendment No. 2 Offered by Mr. Tonko

The Acting CHAIR. It is now in order to consider amendment No. 2
printed in House Report 114-359.
Mr. TONKO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 4, line 5, through page 10, line 3, strike section
1101.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from New York (Mr. Tonko) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. TONKO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my amendment simply strikes section 1101 of the
underlying bill. The section is a solution in search of a problem. The
section's purported goal is to reinforce the Federal Energy Regulatory
Commission's role as the lead agency for siting interstate natural gas
pipelines; however, I do not think there is any doubt over FERC's role
in pipeline siting approval.
In reality, this section is designed to further expedite permitting
for natural gas pipelines. But there is very little evidence that this
process needs expediting, which ultimately would restrict States and
other Federal agencies' ability to review projects and the public's
ability to comment on them.
Mr. Chairman, the GAO looked at the approval process for pipelines by
FERC and found 95 percent are approved within 2 years. When it takes
longer, it is because the project is large or controversial due to
taking of private property, traversing State or Federal land, or
requiring placement of compression stations and other operation
equipment in an area close to existing infrastructure or communities.
Even the industry agrees that pipeline approvals are happening. In
October, Pipelines Digest, an industry publication, wrote:

Through April 30 of this year, FERC certified and placed in
service almost twice as many natural gas projects and more
than doubled the miles of pipeline that were put in service
and certified through the same date in 2014.

We are building new pipelines. There is no problem that needs fixing.
So what evidence is there that the certification process needs to be
further tilted in favor of pipeline companies at the expense of
environmental review and public comment? I would say there isn't any.
Yet, Mr. Chairman, this section would require FERC to decide on a
pipeline application within 90 days after the Commission issues its
final environmental document, regardless of the complexity of the
application.
It would also allow FERC to consider environmental data collected by
aerial or other remote surveys instead of onsite inspections. This
would enable pipeline companies to circumvent property owners' rights
when surveying land, all in hopes of speeding up projects.
The siting of natural gas pipelines is complicated and can be
controversial. I know this well since there are a number of projects
currently being developed in or near the district I represent. I hear
from my constituents about these projects regularly. They are very
concerned, and they feel like they are being left out of this process.
They are concerned about the safety and about the noise, air, and water
pollution from the construction and operation of the pipeline's
associated facilities. The pipeline companies do not have a problem.
The public does.
We know that these types of projects, no matter how beneficial to the
public interest, can be controversial. Someone is always unhappy about
the selected route or placement of these facilities. But we need to do
a better job of bringing the public along, and these provisions do the
opposite.
Mr. Chairman, the public has a right to be part of large projects
that impact their communities. Does that take extra time? Yes. Is it
less convenient for the company? Yes. But these pipelines will be in
service for many decades. If it is worth doing, it is worth

[[Page H8924]]

doing right. So I see no reason why we should be expediting projects if
we cannot be sure they can be built in a safe and environmentally
friendly manner.
We need to ensure State and Federal regulators are given the time
needed to carefully review applications for the construction of natural
gas pipelines and to ensure that the landowners and the general public
have the ability to participate meaningfully in the siting process.
This section undermines that process.
I urge support of the amendment.
Mr. Chairman, I yield the balance of my time to the gentlewoman from
New Jersey (Mrs. Watson Coleman) for a brief statement.
Mrs. WATSON COLEMAN. Mr. Chairman, I thank the gentleman from New
York for yielding to me.
Mr. Chairman, I rise in strong support of the Tonko amendment and
strongly urge its adoption.
Section 1101 of this misguided energy bill includes a critical
provision that I would like to highlight. This language would allow big
energy companies to use aerial and remote surveying to circumvent key
FERC environmental reviews.
This troubling provision flies in the face of the rights of local
governments and even private landowners to make decisions about the use
of their own property. This provision allows Big Energy to bypass more
comprehensive and appropriate on-the-ground surveys to assess the
environmental impacts of energy infrastructure.
Mr. Chairman, there is one such project that New Jerseyans know all
too well--the PennEast pipeline. PennEast is the proposed 108-mile
natural gas pipeline that would run from Pennsylvania, across the
Delaware River, and terminate in Hopewell Township in my district. If
built, this pipeline would threaten some of the most environmentally
sensitive areas in the Delaware River Basin, farmland, watersheds, and
uninterrupted natural areas.
Virtually every local government along the PennEast route has
officially lodged their opposition or disapproval. Concerned citizens
have packed scoping meetings to make their voices heard to stop this
pipeline. These are diverse communities across two States represented
by Members of Congress on both sides of the aisle. Areas I represent,
like Mercer County and Hopewell, and scores of private property owners
have exercised their right to deny PennEast access to their property to
carry out their surveys.
Mr. Chairman, my constituents sent me to Congress to fight for the
environment and to stand up against ill-conceived projects such as this
one.
Mr. TONKO. I yield back the balance of my time.
Mr. UPTON. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I oppose this amendment. Section 1101 makes important
improvements to FERC's process for reviewing interstate natural gas
pipelines.
As we all know, the demand for natural gas is growing, which requires
new and modernized pipeline infrastructure. It has got to happen.
Unfortunately, the permitting process is becoming increasingly
complex and challenging. Rate hikes hit the families and businesses
that can least afford it the hardest, the most vulnerable. So we have
worked very diligently to find some agreement on this provision. We
have held hearings, received technical assistance from FERC, and
accepted many of their recommendations.
Section 1101 would authorize concurrent permitting reviews, require
more transparency through the process, and allow for the use of new
survey technology for citing pipelines.
Just yesterday, Mr. Chairman, in a hearing before the House Energy
and Commerce Committee, FERC Chairman Bay acknowledged the need for new
pipeline capacity and signaled his support for the enhanced
transparency provisions and the regulatory dashboard that is required
by section 1101.
So this amendment, if passed, would strike a commonsense approach to
introduce greater public transparency and accountability for Federal
and State permitting agencies, and therefore I would ask for a ``no''
vote on the amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Tonko).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. TONKO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.

Amendment No. 3 Offered by Mr. Peters

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in House Report 114-359.
Mr. PETERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 12, line 23, insert ``and energy storage'' after
``infrastructure''.
Page 13, line 19, insert ``the energy storage industry,''
after ``natural gas industry,''.
Page 14, line 1, insert ``, the energy storage industry,''
after ``States''.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from California (Mr. Peters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. PETERS. Mr. Chairman, my amendment to the North American Energy
Security and Infrastructure Act will directly enhance reliable energy
security when our communities are most vulnerable during natural
disasters. My amendment simply adds energy storage as a form of energy
that the Department of Energy should consider to improve emergency
preparedness.

{time} 1600

The bill in its current form only addresses the need to have
resilient oil and natural gas infrastructure, which we certainly should
all support.
Energy storage encompasses technologies capable of storing previously
generated electric energy and releasing that energy at a later time. It
can include various types of batteries, capacitors, fuel cells, and
more and has the potential to improve electric power grids, enable
growth in renewable electricity generation, and provide alternatives to
oil-based fuels in the Nation's transportation sector.
Grid-level energy storage is on track to reach 40 gigawatts in
capacity by 2022, a hundredfold increase from 2013.
And natural disasters are becoming more and more common. Over the
last 4 years, the Federal Government has spent more than $136 billion
on relief for hurricanes, tornados, droughts, wildfires, and other
weather-related events.
We know that for every dollar we invest in preparedness and
resiliency we save $4 in cleanup and restoration, not to mention the
lives that would be saved--something we cannot put a dollar value on.
Building up community resiliency by including energy storage in
preparation plans will save lives and save money.
In San Diego, our utilities, including SDG&E, are testing and
developing energy storage to accommodate renewable energy, which makes
up 33 percent of its power.
Our school districts, including Poway Unified School District, are
adding large-scale battery storage to their campuses that go beyond
California's energy efficiency guidelines to save money as heat waves
and temperatures continue to spike.
And our companies and universities, including UCSD, are part of the
California State public-private partnership, CalCharge, that is
developing the next generation of energy storage.
Ensuring that we are better able to withstand extreme weather events
with added energy storage is just common sense. Including energy
storage in this bill is a smart, forward-thinking step to equip States
and localities with the tools they need both in advance and in the
aftermath of natural disasters.
I ask my colleagues to support the amendment, and I reserve the
balance of my time.

[[Page H8925]]

Mr. UPTON. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR (Mr. Womack). The gentleman from Michigan is
recognized for 5 minutes.
Mr. UPTON. Mr. Chairman, I support the amendment. I think that it is
a good amendment. It includes energy storage as a form of energy that
DOE should consider to enhance emergency preparedness for energy supply
disruptions during natural disasters.
It improves the bill, and I compliment the gentleman.
I yield back the balance of my time.
Mr. PETERS. Mr. Chairman, I thank the chairman.
Thank you for your very hard work on this bill. I appreciate your
consideration on inclusion of my amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Peters).
The amendment was agreed to.

Amendment No. 4 Offered by Mr. Franks of Arizona

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in House Report 114-359.
Mr. FRANKS of Arizona. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 17, after line 12, insert the following:
``(8) Grid security vulnerability.--The term `grid security
vulnerability' means a weakness that, in the event of a
malicious act using an electromagnetic pulse, would pose a
substantial risk of disruption to the operation of those
electrical or electronic devices or communications networks,
including hardware, software, and data, that are essential to
the reliability of the bulk-power system.
Page 26, after line 14, insert the following:
``(e) Measures to Address Grid Security Vulnerabilities.--
``(1) Commission authority.--
``(A) Reliability standards.--If the Commission, in
consultation with appropriate Federal agencies, identifies a
grid security vulnerability that the Commission determines
has not adequately been addressed through a reliability
standard developed and approved under section 215, the
Commission shall, after notice and opportunity for comment
and after consultation with the Secretary, other appropriate
Federal agencies, and appropriate governmental authorities in
Canada and Mexico, issue an order directing the Electric
Reliability Organization to submit to the Commission for
approval under section 215, not later than 30 days after the
issuance of such order, a reliability standard requiring
implementation, by any owner, operator, or user of the bulk-
power system in the United States, of measures to protect the
bulk-power system against such vulnerability. Any such
standard shall include a protection plan, including automated
hardware-based solutions. The Commission shall approve a
reliability standard submitted pursuant to this subparagraph,
unless the Commission determines that such reliability
standard does not adequately protect against such
vulnerability or otherwise does not satisfy the requirements
of section 215.
``(B) Measures to address grid security vulnerabilities.--
If the Commission, after notice and opportunity for comment
and after consultation with the Secretary, other appropriate
Federal agencies, and appropriate governmental authorities in
Canada and Mexico, determines that the reliability standard
submitted by the Electric Reliability Organization to address
a grid security vulnerability identified under subparagraph
(A) does not adequately protect the bulk-power system against
such vulnerability, the Commission shall promulgate a rule or
issue an order requiring implementation, by any owner,
operator, or user of the bulk-power system in the United
States, of measures to protect the bulk-power system against
such vulnerability. Any such rule or order shall include a
protection plan, including automated hardware-based
solutions. Before promulgating a rule or issuing an order
under this subparagraph, the Commission shall, to the extent
practicable in light of the urgency of the need for action to
address the grid security vulnerability, request and consider
recommendations from the Electric Reliability Organization
regarding such rule or order. The Commission may establish an
appropriate deadline for the submission of such
recommendations.
``(2) Rescission.--The Commission shall approve a
reliability standard developed under section 215 that
addresses a grid security vulnerability that is the subject
of a rule or order under paragraph (1)(B), unless the
Commission determines that such reliability standard does not
adequately protect against such vulnerability or otherwise
does not satisfy the requirements of section 215. Upon such
approval, the Commission shall rescind the rule promulgated
or order issued under paragraph (1)(B) addressing such
vulnerability, effective upon the effective date of the newly
approved reliability standard.
``(3) Geomagnetic storms and electromagnetic pulse.--Not
later than 6 months after the date of enactment of this
section, the Commission shall, after notice and an
opportunity for comment and after consultation with the
Secretary and other appropriate Federal agencies, issue an
order directing the Electric Reliability Organization to
submit to the Commission for approval under section 215, not
later than 6 months after the issuance of such order,
reliability standards adequate to protect the bulk-power
system from any reasonably foreseeable geomagnetic storm or
electromagnetic pulse event. The Commission's order shall
specify the nature and magnitude of the reasonably
foreseeable events against which such standards must protect.
Such standards shall appropriately balance the risks to the
bulk-power system associated with such events, including any
regional variation in such risks, the costs of mitigating
such risks, and the priorities and timing associated with
implementation. If the Commission determines that the
reliability standards submitted by the Electric Reliability
Organization pursuant to this paragraph are inadequate, the
Commission shall promulgate a rule or issue an order adequate
to protect the bulk-power system from geomagnetic storms or
electromagnetic pulse as required under paragraph (1)(B).
``(4) Large transformer availability.--Not later than 1
year after the date of enactment of this section, the
Commission shall, after notice and an opportunity for comment
and after consultation with the Secretary and other
appropriate Federal agencies, issue an order directing the
Electric Reliability Organization to submit to the Commission
for approval under section 215, not later than 1 year after
the issuance of such order, reliability standards addressing
availability of large transformers. Such standards shall
require entities that own or operate large transformers to
ensure, individually or jointly, adequate availability of
large transformers to promptly restore the reliable operation
of the bulk-power system in the event that any such
transformer is destroyed or disabled as a result of a
geomagnetic storm event or electromagnetic pulse event. The
Commission's order shall specify the nature and magnitude of
the reasonably foreseeable events that shall provide the
basis for such standards. Such standards shall--
``(A) provide entities subject to the standards with the
option of meeting such standards individually or jointly; and
``(B) appropriately balance the risks associated with a
reasonably foreseeable event, including any regional
variation in such risks, and the costs of ensuring adequate
availability of spare transformers.
``(5) Certain federal entities.--For the 11-year period
commencing on the date of enactment of this section, the
Tennessee Valley Authority and the Bonneville Power
Administration shall be exempt from any requirement under
this subsection.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Arizona (Mr. Franks) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Arizona.
Mr. FRANKS of Arizona. Mr. Chairman, I want first to thank the
chairman of the Rules Committee, Mr. Sessions, for making this
amendment in order, along with his committee members.
And I want to sincerely thank the chairman of the Energy and Commerce
Committee, Mr. Upton, for his support for the amendment and also just
for the entire effort on his part in other committees of jurisdiction
to move this underlying and critically important bill forward.
Mr. Chairman, our national security and the reliability of our
electric grid are inextricably related. Without the grid,
telecommunications no longer operate, transportation of every kind is
profoundly affected, sewage and water treatment facilities stop, and a
safe and continuous food supply is interrupted.
Contemporary society, Mr. Chairman, is not structured nor does it
have the means to provide for the needs of nearly 300 million Americans
without electricity. The current strategy for recovery from a failure
of the electric grid leaves us ill-prepared to respond effectively to a
significant manmade or naturally occurring electromagnetic pulse event
that would potentially result in damage to vast numbers of the critical
electric grid components nearly simultaneously or over an unprecedented
geographic scale.
Mr. Chairman, the negative impacts on U.S. electric infrastructure
are potentially catastrophic in a major EMP or severe space weather
event unless practical steps are taken to provide protection for
critical elements of the electric system.
Nearly a dozen studies, including those by DOD, DOE, the Army War
College, the National Academy of Sciences, and the bipartisan
Electromagnetic Pulse Commission have all

[[Page H8926]]

come to the same conclusion: The United States bulk power grid is
critically vulnerable to severe space weather and electromagnetic
pulse, and this represents a profound danger to this Nation.
We have now spent billions of dollars hardening our critical defense
assets against electromagnetic pulse. However, the Department of
Defense depends upon the unprotected civilian grid within the continual
United States for 99 percent of their electricity needs without which
they cannot effect their mission.
Some of America's most enlightened national security experts, as well
as many of our enemies or potential enemies, consider a well-executed
weaponized electromagnetic pulse against America to be a ``kill shot''
against America.
It is astonishing that our civilian grid remains fundamentally
unprotected against a severe EMP, and for it to remain so is an open
invitation to our enemies to exploit this dangerous vulnerability.
Mr. Chairman, my amendment amends section 215 of the Federal Power
Act by creating a protocol for cooperation between industry and
government in the development, promulgation, and implementation of
standards and processes that are necessary to address the current
shortcomings and vulnerabilities of the electric grid from a major EMP
event.
This base bill does indeed provide for such protocols for the
protection of the grid but only in a ``grid security emergency,''
defined in the bill as the actual occurrence of the EMP event or the
imminent danger of one, and only after the President issues a written
directive declaring such an emergency.
Mr. Chairman, that is akin to having a parachute that opens on
impact. The nature of this threat is such that if there is a true
emergency it may be too late to effectively respond. My amendment is
critical because it proactively encourages cooperation on a solution to
our vulnerability before it is deemed an emergency.
Mr. Chairman, finally, I would just say that we live in a time where
the vulnerabilities to our electric grid, our most critical
infrastructure, are big enough to be seen and still small enough to be
addressed. This is our moment.
I appeal to my colleagues to support this vital amendment to protect
Americans and our national security from this dangerous threat.
Mr. UPTON. Will the gentleman yield?
Mr. FRANKS of Arizona. I yield to the gentleman from Michigan.
Mr. UPTON. I would just say to the gentleman, I agree with what you
have to say, that the electromagnetic pulse, EMP, and geomagnetic
disturbances really do pose a real threat to the grid.
I think your amendment is constructive. It moves the bill forward. I
have a few small concerns, but it is a good amendment, and I certainly
intend to vote for it.
Mr. FRANKS of Arizona. I thank the chairman more than I know how to
say, and I hope that it comes to fruition as it should.
I yield back the balance of my time.
Mr. RUSH. Mr. Chairman, I claim the time in opposition to the
amendment, although I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Illinois is
recognized for 5 minutes.
There was no objection.
Mr. RUSH. Mr. Chairman, this amendment aims to address the threat of
electromagnetic pulses and geomagnetic storms on the Nation's electric
grid.
While I agree that we should protect our Nation's electric grid, I
don't agree that we should only focus on these high-impact, low-
frequency events. There are many other threats, Mr. Chairman, to the
grid that deserve just as much focus.
The Franks amendment may undermine current FERC authority in the
process for developing consistent technical standards for grid security
already in place under Federal law.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Arizona (Mr. Franks).
The amendment was agreed to.

Amendment No. 5 Offered by Mr. Poliquin

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in House Report 114-359.
Mr. POLIQUIN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 45, line 8, insert ``(which may not be required to be
for a period longer than one year)'' after ``contractual
obligations''.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Maine (Mr. Poliquin) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maine.
Mr. POLIQUIN. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, the great State of Maine is blessed with natural
resources. We have 3,000 miles of breathtaking coastline. We have
healthy fisheries. We have an abundance of inland waterways, rivers,
streams, lakes, and ponds, and we have an abundance of water as a
result. We have potatoes and broccoli in our farming communities, and
our landscape is dotted with small organic farms that continue to grow.
And, most importantly, or as importantly, Maine is right in the middle
of the country's wood basket.
Now, Mr. Chairman, when you cut a strand of trees, one can leave
behind the branches and the bark for that matter to decompose and
become part of the carbon cycle, or that bark and branches and chips
can be collected and transported to paper mills to burn energy or to
burn to create energy to run the machinery to create paper, or they can
be trucked to power plants to produce electricity.
Now, when this happens, it is the same carbon footprint if that
biomass decays on the forest floor or if it is burned in a paper mill
or an electric generating station.
This creates jobs, Mr. Chairman, for loggers and truckers, and also
we help fuel our State economy and our Nation's economy by using this
renewable, green, abundant, safe, homegrown biomass.
Many States, Mr. Chairman, have shifted away from foreign importation
of oil for all kinds of reasons, not the least of which is national
security. And, today, throughout our country, we are using more natural
gas and oil developed here in our country, in America--also nuclear
power, hydro, and biomass.
Today, Mr. Chairman, Federal regulations allow electric utilities to
determine the reliability of the source of fuel they are burning to
create electricity. Part of that reliability equation is the length of
a contract to deliver that fuel source to the power plant.
If the reliability of that fuel source is not up to snuff, then that
fuel source would result in electricity generated by that power plant
not having full access to the power grid and not being able to sell its
product, electricity, to the economy.
Some sources of fuel, like coal, for example, Mr. Chairman, are
usually sold in 2- or 3-year contracts. The reason for that is because
coal today is mostly used to generate electricity.
However, biomass is different. We can use branches and wood chips and
bark and biomass that includes other organic materials to create
pellets that are burned in wood stoves or to create mulch that
gardeners use or also to create plywood and other materials. As a
result, Mr. Chairman, biomass as a fuel source is usually sold in 1-
year increments.
This bill, H.R. 8, the North American Energy Security and
Infrastructure Act, where I am offering an amendment, Mr. Chairman, is
a small technical amendment but a very important one, because what it
does is it puts all fuel sources on a level playing field, able to
compete in the market, such that biomass--a green, renewable,
environmentally friendly, homegrown source of fuel for our electric
generators--is not penalized.
This is good for the economy, Mr. Chairman. It is good for job
creation. It strengthens our national security because it diversifies
the fuel sources that we need to fuel and power our electric generators
that are used in creating jobs and creating products throughout our
country.
As a result, Mr. Chairman, I ask everybody in this Chamber,
Republicans

[[Page H8927]]

and Democrats, today to support this commonsense amendment to help our
State, to help our country, to help our economy, and to help our
families live better lives.

{time} 1615

Mr. UPTON. Will the gentleman yield?
Mr. POLIQUIN. I yield to the gentleman from Michigan.
Mr. UPTON. Mr. Chairman, I just want to say to my colleagues that
this amendment clarifies that electric plants can be considered
reliable without having to enter into supply contracts that are greater
than a year.
I think that it is a good amendment, and we are willing to accept it.
Mr. POLIQUIN. I thank the chairman.
Mr. Chairman, I yield back the balance of my time.
Mr. PALLONE. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PALLONE. Mr. Chairman, the gentleman from Maine's amendment adds
further specificity to the criteria defining fuel certainty, one of the
three requirements that defines reliable generation in section 1107 of
the bill.
The amendment to the Public Utility Regulatory Policies Act, or
PURPA, is already too prescriptive, in my view. The amendments in this
legislation to capacity markets under the Federal Power Act in section
1110 and to PURPA in section 1107 are an attempt at micromanaging grid
decisions.
I am not certain what the gentleman from Maine's amendment would be
other than to ensure that no electric generation facility need enter
into a contract with a fuel supplier that was any longer than 1 year.
I realize some problems have arisen in the New England capacity
market, but I doubt this is the best way to address those problems.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Maine (Mr. Poliquin).
The amendment was agreed to.

Amendment No. 6 Offered by Mr. Veasey

The Acting CHAIR. It is now in order to consider amendment No. 6
printed in House Report 114-359.
Mr. VEASEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 58, after line 22, insert the following new
subparagraph:
(C) Additional report.--The Secretary of Energy shall
transmit to Congress a report on the potential commercial use
of carbon capture, utilization, and storage technologies
(including enhanced oil recovery), its potential effects on
the economy and gross domestic product (GDP), and its
contributions to the United States greenhouse gas emission
reduction goals if widely utilized at major carbon dioxide-
emitting power plants.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Texas (Mr. Veasey) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. VEASEY. Mr. Chairman, I am pleased to offer an amendment that
would require the Department of Energy to submit a report to Congress
related to carbon capture, utilization, and sequestration, known as
CCUS technologies.
This report would explore the potential effects that the commercial
utilization of CCUS technologies would have on the Nation's economy and
our gross domestic product. It would also examine what these
technologies could contribute to our efforts to reach our greenhouse
gas emission reduction goals.
My amendment is intended to supplement the CCUS evaluation report
that is required by the underlying legislation. I am confident that
this study's finding will provide concrete evidence that CCUS
represents a way to benefit the economy and the environment while
meeting our Nation's energy needs.
CCUS is a combination of technologies that allows industries to
capture carbon, or CO2, emissions for transport or storage
before they are emitted into the atmosphere. These technologies have
the potential to allow for the continued use of industries while
decreasing the amount of CO2 released into the environment.
America's recent energy boom has shown us that fossil fuels will
continue to make up a sizable portion of our Nation's energy portfolio.
So, as we continue to pursue an all-of-the-above energy policy, we must
also be sure that we use these resources in an environmentally
responsible fashion. Carbon capture technologies do achieve that goal.
That is evident in the wide range of support it receives from industry
as well as from environmental groups.
However, though much is understood about the various aspects of CCUS,
commercial or large-scale deployment has not been achieved, and that is
for a variety of different reasons. The absence of commercial projects
has led to a fractured understanding of its widespread economic and
environmental benefits.
So it is important for us to understand the potential economic
benefits CCUS could hold for consumers and stakeholders if we continue
to urge the Department of Energy to increase its investments in the
research and development of these technologies.
The results of this study would also provide industry stakeholders
and likely investors with concrete data to make those economic
decisions.
Finally, as America continues to participate in the global effort to
address climate change, we must also understand what CCUS can
contribute to our emission reduction goals. By considering long-term
climate mitigation needs, this study could provide reason for the
Department of Energy to continue to support CCUS technologies even if a
DOE-supported project does not immediately succeed.
These technologies have a variety of possible applications, from oil
recovery and so on, and it is time that we really understood how a
large-scale deployment of this technology would benefit our country. So
I urge my colleagues to support this amendment.
I yield back the balance of my time.
Mr. UPTON. Mr. Chairman, I claim the time in opposition to the
gentleman's amendment.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. But I support the amendment.
Mr. Chairman, this amendment requires the Department of Energy to
submit a report to Congress on the potential effects that the
commercial utilization of carbon capture and sequestration could have
on the economy, energy infrastructure, and greenhouse gas emission
goals.
I support the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Veasey).
The amendment was agreed to.

Amendment No. 7 Offered by Mr. McKinley

The Acting CHAIR. It is now in order to consider amendment No. 7
printed in House Report 114-359.
Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

In subtitle A of title I, add at the end the following new
section:

SEC. 1111. ETHANE STORAGE STUDY.

(a) In General.--The Secretary of Energy and the Secretary
of Commerce, in consultation with other relevant agencies and
stakeholders, shall conduct a study on the feasibility of
establishing an ethane storage and distribution hub in the
United States.
(b) Contents.--The study conducted under subsection (a)
shall include--
(1) an examination of--
(A) potential locations;
(B) economic feasibility;
(C) economic benefits;
(D) geological storage capacity capabilities;
(E) above ground storage capabilities;
(F) infrastructure needs; and
(G) other markets and trading hubs, particularly related to
ethane; and
(2) identification of potential additional benefits to
energy security.
(c) Publication of Results.--Not later than 2 years after
the date of enactment of this Act, the Secretaries of Energy
and Commerce shall publish the results of the study conducted
under subsection (a) on the websites of the Departments of
Energy and Commerce, respectively, and shall submit such
results to the Committee on Energy and Commerce of the House
of Representatives and the Committees on Energy and Natural
Resources and Commerce, Science, and Transportation of the
Senate.

[[Page H8928]]

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from West Virginia (Mr. McKinley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, I applaud the work of Chairman Upton and
his staff in their bringing this crucial energy bill to the floor, and
I want to thank them for that.
Mr. Chairman, I rise in support of this amendment, which directs the
Department of Energy and the Department of Commerce to conduct a study
on the feasibility of establishing one or more ethane storage and
distribution hubs in the United States. This study will also examine
the potential benefits that an ethane storage hub would have on our
Nation's energy security.
The extraction of natural gas from shale gas formations has increased
dramatically over the last 15 years, and ethane is the largest
component of that shale gas. Most of the ethane production is used in
the petrochemical sector in order to make ethylene, a major component
used in the feedstock for manufacturing.
Yet, while the ethane supply continues to grow, the lack of
infrastructure and storage inhibits its potential for America's
manufacturing economy. Establishing ethane storage and distribution
hubs could bring about new markets for these stranded liquids and allow
America's shale formations to achieve their full potential as critical
national energy assets.
A revamped storage and distribution infrastructure will make our
economy less vulnerable to potential unanticipated disruptions and will
reduce transportation costs.
Furthermore, the results of this study and decentralization of ethane
activity could encourage investment in manufacturing and the expansion
of the petrochemical industry all across America.
Therefore, I urge my colleagues to support this amendment for a
study.
Mr. UPTON. Will the gentleman yield?
Mr. McKINLEY. I yield to the gentleman from Michigan.
Mr. UPTON. Mr. Chairman, this amendment is a good amendment. It
directs the Secretary of Energy and the Secretary of Commerce, in
consultation with other relevant agencies and stakeholders, to conduct
a study on the feasibility of establishing an ethane storage and
distribution hub in the U.S.
The gentleman and I have talked about it over the last number of
months. I think it is a good amendment, and it adds to the bill, so I
support the amendment.
Mr. McKINLEY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The amendment was agreed to.

Amendment No. 8 Offered by Mrs. Ellmers of North Carolina

The Acting CHAIR. It is now in order to consider amendment No. 8
printed in House Report 114-359.
Mrs. ELLMERS of North Carolina. Mr. Chairman, I have an amendment at
the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle A of title I, add the following:

SEC. 11__. STATEMENT OF POLICY ON GRID MODERNIZATION.

It is the policy of the United States to promote and
advance--
(1) the modernization of the energy delivery infrastructure
of the United States, and bolster the reliability,
affordability, diversity, efficiency, security, and
resiliency of domestic energy supplies, through advanced grid
technologies;
(2) the modernization of the electric grid to enable a
robust multi-directional power flow that leverages
centralized energy resources and distributed energy
resources, enables robust retail transactions, and
facilitates the alignment of business and regulatory models
to achieve a grid that optimizes the entire electric delivery
system;
(3) relevant research and development in advanced grid
technologies, including--
(A) energy storage;
(B) predictive tools and requisite real-time data to enable
the dynamic optimization of grid operations;
(C) power electronics, including smart inverters, that ease
the challenge of intermittent renewable resources and
distributed generation;
(D) real-time data and situational awareness tools and
systems; and
(E) tools to increase data security, physical security, and
cybersecurity awareness and protection;
(4) the leadership of the United States in basic and
applied sciences to develop a systems approach to innovation
and development of cyber-secure advanced grid technologies,
architectures, and control paradigms capable of managing
diverse supplies and loads;
(5) the safeguarding of the critical energy delivery
infrastructure of the United States and the enhanced
resilience of the infrastructure to all hazards, including--
(A) severe weather events;
(B) cyber and physical threats; and
(C) other factors that affect energy delivery;
(6) the coordination of goals, investments to optimize the
grid, and other measures for energy efficiency, advanced grid
technologies, interoperability, and demand response-side
management resources;
(7) partnerships with States and the private sector--
(A) to facilitate advanced grid capabilities and
strategies; and
(B) to provide technical assistance, tools, or other
related information necessary to enhance grid integration,
particularly in connection with the development at the State
and local levels of strategic energy, energy surety and
assurance, and emergency preparedness, response, and
restoration planning;
(8) the deployment of information and communications
technologies at all levels of the electric system;
(9) opportunities to provide consumers with timely
information and advanced control options;
(10) sophisticated or advanced control options to integrate
distributed energy resources and associated ancillary
services;
(11) open-source communications, database architectures,
and common information model standards, guidelines, and
protocols that enable interoperability to maximize efficiency
gains and associated benefits among--
(A) the grid;
(B) energy and building management systems; and
(C) residential, commercial, and industrial equipment;
(12) private sector investment in the energy delivery
infrastructure of the United States through targeted
demonstration and validation of advanced grid technologies;
and
(13) establishment of common valuation methods and tools
for cost-benefit analysis of grid integration paradigms.

The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman
from North Carolina (Mrs. Ellmers) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from North Carolina.
Mrs. ELLMERS of North Carolina. Mr. Chairman, I rise today in support
of this bipartisan amendment.
I join my colleague, Congressman Jerry McNerney of California.
Together, we chair the Grid Innovation Caucus with the belief that we
need to have a bold and ambitious vision for modernizing our Nation's
electric grid.
Our current electric infrastructure resembles that of the original
grid built over 100 years ago. New technology has given us the
opportunity to transform a 20th century grid into a 21st century grid,
and my home State of North Carolina is helping to lead the way. In
fact, North Carolina is the second-leading State in grid innovation
technology development behind California.
There is a need to bring our electric grid and the entire electric
system up to date in order to meet the changing demands of our digital
economy. This amendment is simply a statement of policy and a blueprint
for what we want our future grid to consist of and how we want it to
perform. By adopting this amendment, we begin to develop a concrete
plan to further secure our grid.
This is a conversation that needs to happen now, and this energy
package moves the debate forward. Technology has given us the ability
to further secure our grid from physical and cyber threats as well as
increase the efficiency, reliability, and redundancy of this vital
component.
I urge my colleagues to vote ``yes'' on this amendment.
Mr. Chairman, I yield 3 minutes to the gentleman from California (Mr.
McNerney).
Mr. McNERNEY. Mr. Chairman, I thank my colleague from North Carolina
for yielding and for her work on the Grid Innovation Caucus, which is
one example of bipartisan cooperation for the good of the Nation.
I also join my colleague Mrs. Ellmers in offering this bipartisan

[[Page H8929]]

amendment, which would establish a statement on grid modernization
policy. This will establish a clear vision to achieve the future grid.
The grid is the core of our Nation's effort to transition to clean
energy sources. That said, our current electric grid has much the same
technology that was in place for the last 100 years. We need to improve
and upgrade the grid to meet the 21st century demands and the demands
of the digital economy.
The future grid must be reliable, secure, resilient, and affordable
while integrating a range of resources and devices, including
intermittent renewable energy, storage, and electric vehicles.
Having a national grid modernization policy, or vision, will help
achieve these objectives while maintaining the secure, safe, reliable,
and affordable power for which our Nation is known.
I thank my colleague, who is the cochair of the Grid Innovation
Caucus, and I urge a ``yes'' vote on the amendment.
Mr. UPTON. Mr. Chairman, I claim the time in opposition to the
gentlewoman's amendment.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. Mr. Chairman, I support the amendment, and I congratulate
the two on its being a bipartisan amendment. This makes a strong policy
on grid modernization. I appreciate their work, and I urge my
colleagues to support it.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from North Carolina (Mrs. Ellmers).
The amendment was agreed to.

{time} 1630

Amendment No. 9, as Modified, Offered by Ms. Jackson Lee

The Acting CHAIR. It is now in order to consider amendment No. 9
printed in House Report 114-359.
Ms. JACKSON LEE. Mr. Chair, I offer amendment No. 9, and I ask
unanimous consent that it be modified in the form I have placed at the
desk.
The Acting CHAIR. The Clerk will designate the amendment, as
modified, and report the modification.
The text of the amendment, as modified, is as follows:

At the end of subtitle A of title I, add the following:

SEC. 11__. GRID RESILIENCE REPORT.

Not later than 120 days after the date of enactment of this
Act, the Secretary of Energy shall submit to the Congress a
report on methods to increase electric grid resilience with
respect to all threats, including cyber attacks, vandalism,
terrorism, and severe weather.

The Acting CHAIR. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
The Acting CHAIR. Without objection, the amendment is modified.
Pursuant to House Resolution 542, the gentlewoman from Texas (Ms.
Jackson Lee) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON LEE. Let me express my appreciation to Chairman Upton and
Ranking Member Pallone and the Rules Committee for allowing this
amendment to come to the floor. Let me thank Chairman Sessions and
Ranking Member Slaughter of the Rules Committee as well.
As I begin, let me acknowledge that I think we have a collective
commitment and need to continue to assess the electric grid. According
to a Department of Energy report on the economic benefits of increasing
the electric grid resilience, the electric grid in the State of Texas
is highly vulnerable to severe weather, cyber attacks, vandalism, and
terrorism. Mr. Chairman, Texas is only an example.
I hold in my hand a letter from the Senate Committee on Veteran
Affairs & Military Installations that has come to my attention and the
House Committee on Defense and Veterans' Affairs to take note of the
vulnerability. I use this letter from the State to only say that other
States are in the same category.
That is why the Jackson Lee amendment is very relevant, because it
requires a report to be promulgated upon our Nation's preparedness for
challenges in energy as it pertains to cyber attacks, vandalism,
terrorism, and severe weather.
I sit on the Homeland Security Committee's Cybersecurity,
Infrastructure Protection, and Security Technologies Subcommittee, and
we see every day vulnerabilities to the cybersecurity or the
infrastructure. The importance of this amendment was underscored, as I
indicated, in a letter that I received.
My amendment offers the option of the utilization of geothermal
power, in addition to other renewable strategies, to address some of
the energy insecurities faced by this Nation. In today's world of
natural and manmade disasters in the energy sector, seeking and
implementing complementary alternative measures, such as that proposed
in my amendment, will help address some of the insecurity issues
triggered by these disasters.
The natural disasters suffered in many of our home States, whether it
is tornados or hurricanes, we know that the grid is an important
survival asset for the Nation.
According to the DOE report, the average yearly cost of power outages
from severe weather in the U.S. is between $18 billion to $33 billion.
Cold weather in a number of States caused two emergencies that knocked
out 9,355 megawatts.
These events warn us that key infrastructure facilities along the
Gulf Coast and many other places continue to stress our grid. Thus,
this amendment seeks to facilitate the United States' exploration of
possibilities, strategies, and utilities of promoting energy
infrastructure.
I would ask my colleagues to join me in ensuring through this report
that we are in front of it, if we can be, to strengthen our electric
grid, to look for alternatives, to be ahead of cybersecurity attacks,
vandalism, weather conditions, and assure the American public that they
do have a resilient system that will last during times of great
disaster.
I ask my colleagues to support the amendment.
Mr. Chair, let me express my appreciation to Chairman Upton and
Ranking Member Pallone for their leadership and commitment to American
energy infrastructure development, security, independence and economic
growth.
I also wish to thank Chairman Sessions, Ranking Member Slaughter, and
the members of the Rules Committee for making in order Jackson Lee
Amendment Number 9.
Mr. Chair, thank you for the opportunity to explain my amendment,
which provides:

GRID RESILIENCE REPORT

Not later than 120 days after the date of enactment of this Act, the
Secretary of Energy shall submit to Congress a report on methods to
increase electric grid resilience with respect to all threats,
including cyber attacks, vandalism, terrorism, and severe weather.
According to a Department of Energy Report on the Economic Benefits
of Increasing Electric Grid Resilience, the electrical grid in the
state of Texas is highly vulnerable to severe weather, cyber attacks,
vandalism and terrorism.
This is why Jackson Lee Amendment Number 9 is very relevant because
it requires a report to be promulgated on our nation's preparedness for
challenges in energy, as pertains to cyber attacks, vandalism,
terrorism and severe weather.
The importance of this Amendment was underscored in a letter
addressed to me and other members of the Texas Delegation from the
Texas Senate Veterans Affairs and Military Installations Committee and
the Texas House Defense and Veteran's Affairs Committee.
My Amendment offers the option of the utilization of geothermal power
in addition to other renewable strategies to address some of the energy
insecurities faced by my home state of Texas and by our nation as a
whole.
Across the nation from New Orleans to Georgia to New Jersey, we have
all seen the devastation natural and man made disasters have wrought on
the livelihood of Americans.
In today's world of natural and man-made disasters in the energy
sector, seeking and implementing complementary alternative measures
such as that proposed in my Amendment will help address some of the
insecurity issues triggered by these disasters.
The natural disaster suffered in my home state of Texas is an example
that underscores the imperative of a well informed report corroborated
by data and facts.
Here are the recent facts: According to a DOE report, the average
yearly cost of power outages from severe weather in the U.S. is between
$18-$33 billion; Cold weather in Texas caused a level two emergency
that knocked out 9,355 MW of power that drastically increased wholesale
electricity prices 100 times the normal rate in January 2014;

[[Page H8930]]

Additionally, in 2014 alone, there were approximately eight major power
outages in the Corpus Christi area, three of which affected nearby Navy
bases.
These events warn us that key infrastructure facilities along the
gulf coast operate 24/7 365 days a year, with ongoing powerful power
demands, and there is a need for enormous and capable energy security
infrastructures, prepared to handle natural and man-made disasters.
Thus, this Amendment seeks to facilitate the United State's
exploration of the possibilities, strategies and the utility of
promoting energy infrastructures.
Indeed, part of what I hope will be the result of the report
requested by my Amendment are the timelines, actions and plans for
bolstering energy security and infrastructure development in our
nation.
Already we can see some of the potential dividends of investing in
infrastructures that foster the utilization of our geothermal resources
to promote energy security and efficiency.
A prime example is my home state of Texas.
Indeed, according to reports, Texas' geothermal resources can
complement both off-site wind and solar projects and leverage the
earth's constant heat in gulf coast pressurized zones and eliminate
dependency on external fuel sources.
For example, the National Renewable Energy Laboratory (NREL)
published a study in 2012 that determined a minimum of 2,500 Megawatts
to the power of 3 (MW3) of geothermal potential within the
gulf coast region.
For those of us in the Gulf Coast, our geothermal can serve as an
unlimited resource which can provide relief to facilities in need of
clean, stable power and set a new standard for sustainability.
Additionally, geothermal resource can be instrumental in fostering
our nation's renewable energy, while adding military value to our
defense installations.
For all of these reasons, I urge my colleagues to join me and support
Jackson Lee Amendment Number 9.
Ms. JACKSON LEE. I reserve the balance of my time.
Mr. UPTON. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. Mr. Chair, I supported the amendment before it was
revised. I support the amendment as revised.
This amendment directs the Secretary of Energy to submit to the House
and Senate Energy Committees a report on methods to increase electric
grid resilience with respect to all threats, including cyber attacks,
vandalism, terrorism, and severe weather. Actually, as amended, it
requires it submit to the Congress versus the specific committees.
I think it is a fine amendment, and I support it.
I yield back the balance of my time.
Ms. JACKSON LEE. I yield to the gentleman from New Jersey (Mr.
Pallone).
Mr. PALLONE. Mr. Chairman, I want to also lend my support to the
legislation on grid resiliency. I think it is very important. I
appreciate the gentlewoman putting it forward.
Ms. JACKSON LEE. Mr. Chairman, I include for the Record this letter
from the Senate Committee on Veteran Affairs & Military Installations
of the State of Texas and the House Committee on Defense and Veterans'
Affairs.
Senate Committee on Veteran Affairs & Military
Installations and House Committee on Defense and
Veterans' Affairs,
November 12, 2015.
Dear Honorable Jackson Lee: On behalf of the Texas Senate
Committee on Veteran Affairs and Military Installations and
the House Committee on Defense and Veterans' Affairs, we are
writing to ask for your support for the development of
geothermal energy along the Gulf Coast to provide onsite
power and increased energy independence to critical
infrastructure facilities that include Military bases such as
Naval Air Station (NAS) Corpus Christi, Naval Air Station
Kingsville, and the Ports of Corpus Christi and Brownsville.
The August 2013 Report of Economic Benefits of Increasing
Electric Grid Resilience authored by the Department of Energy
determined that in addition to cyber-attacks, vandalism, and
terrorism, the electrical grid is highly vulnerable to severe
weather. The average yearly cost of power outages from severe
weather in the U.S. is between $18-$33 billion. Cold weather
in Texas caused a level two emergency that knocked out 9,355
MW of power that drastically increased wholesale electricity
prices 100 times the normal rate in January 2014.
Additionally in 2014, there were approximately eight major
power outages in the Corpus Christi area, three of which
affected the nearby Navy bases. Key infrastructure facilities
along the gulf coast operate 24/7/365 and their ongoing power
demands are enormous; however, the need for cleaner and more
cost effective renewables is also increasing.
The National Renewable Energy Laboratory (NREL), who
supports the military's renewable energy goal, published a
study in April 2012 that determined a minimum of 2,500 MW of
geothermal power potential within the gulf coast region and
more recent review by geothermal energy developers have
doubled that estimate. Our committees were briefed recently
on a conceptual plan to generate as much as 10MW of
geothermal power within a 2-acre area at NAS Corpus Christi
and up to 5MW at NAS Kingsville. The Corpus Christi Army
Depot who is a tenant on NAS Corpus Christi is also
considering a plan through its Energy Service Company (ESCO)
to utilize geothermal power with a MicroGrid on-site to
enhance its energy security in case of power outage. This
MicroGrid would complement other off-site renewable power
sent from the local grid.
From a regulatory stand-point, the Energy Act of 2005,
Presidential Executive Orders 13423 and 13513, and the
Department of the Navy's own Renewable Energy Security Goals
established by Navy Secretary Ray Mabus in October 2012 are
some of the other drivers that are encouraging the military's
use of any geographically available onsite renewable sources
by 2015 and 2020 respectively. The Navy's 2012 report only
considered 1.2MW Solar PV for on-site generation at NAS
Corpus Christi; however we understand their renewable energy
team has acknowledged Geothermal is an option that has still
not been implemented.
Texas' Geothermal resources can complement both off-site
wind and solar projects and leverage the earth's constant
heat in gulf coast geopressured zones and eliminate
dependency on external fuel sources. This unlimited resource
will provide relief to facilities in need of clean, stable
power and set a new standard for sustainability while
fostering renewable energy growth in Texas and adding
military value to our defense installations.
As Chairs of the Texas military affairs committees, we ask
for your support and advocacy of this approach to military
leaders in Washington D.C. It will improve military value for
our defense installations, create new jobs in the energy
sector, and benefit the State of Texas as a whole. If you
would like more information on the potential projects in
Texas, please feel free to contact staff of either Committee.
Sincerely,
Senator Donna Campbell, Chair,
Senate Veteran Affairs & Military Installations Committee.
Representative Susan L. King, Chair,
House Defense & Veterans' Affairs Committee.

Ms. JACKSON LEE. Mr. Chairman, let me conclude by simply saying I
thank both Mr. Upton and Mr. Pallone for joining in the unanimous
consent to revise the amendment simply to say that this report on
increasing methods to increase the electric grid resilience with
respect to all threats, including cyber attacks, vandalism, terrorism,
severe weather, will go to the Congress. I thank them very much.
I ask my colleagues to support the Jackson Lee amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment, as modified,
offered by the gentlewoman from Texas (Ms. Jackson Lee).
The amendment, as modified, was agreed to.

Amendment No. 10 Offered by Mr. Kildee

The Acting CHAIR. It is now in order to consider amendment No. 10
printed in House Report 114-359.
Mr. KILDEE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle A of title I, add the following:

SEC. 11__. GAO REPORT ON IMPROVING NATIONAL RESPONSE CENTER.

The Comptroller General of the United States shall conduct
a study of ways in which the capabilities of the National
Response Center could be improved.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Michigan (Mr. Kildee) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. KILDEE. Mr. Chair, the National Response Center is a joint
operation between the U.S. Coast Guard, the EPA, and other agencies. It
is the sole Federal point of contact for reporting hazardous substance
releases and oil spills.

[[Page H8931]]

Essentially, it is our Nation's 911 for dangerous spills, staffed by
the Coast Guard 24 hours a day, passing on reports to relevant national
response teams.
Those teams then go to the site of a spill, assess the situation,
determine the best way to mitigate exposure, and quickly clean up the
spill. Often it is the Coast Guard being called upon to clean up a
spill when it involves surface water.
Back in March I visited a Coast Guard station in my district to learn
more about their operations. While I was there, we talked quite a bit
about a serious deficiency in their capabilities, a deficiency that
came to light during one of the greatest environmental disasters that
our State has faced, and the chairman is quite aware of this.
In 2010, there was a large spill on the Kalamazoo River. It was the
largest inland oil spill in the history of the U.S., in fact. The Coast
Guard was called upon to help with those cleanup efforts.
When they arrived, however, they learned that the equipment that they
had brought to the spill was for one type of oil--the oil that they
believed to have been involved in this particular incident--but the oil
in the Kalamazoo River was an entirely different type and consistency
than what they had expected, and it required a different cleanup
method.
Valuable time was lost as the Coast Guard actually had to return back
to their station, hours away, to get the right equipment. Meanwhile,
this spill continued into this river.
The terrible scope of the spill could have been much more easily
mitigated had the National Response Center possessed the basic
information regarding the contents of that particular pipeline so they
could pass the information on to the Coast Guard to address the spill
when it occurred.
Currently, these response teams are often flying blind as they head
out to spills. Without this important information, the likelihood of
much more serious damage, such as what we saw in 2010 in the Kalamazoo
River, is much higher.
So I have been talking with lots of folks, including the people
within the Coast Guard, about ways to improve their ability to address
and respond to this type of spill.
The amendment that I have offered would simply require the GAO to
conduct a study of ways in which the capabilities of the National
Response Center could be improved, including providing additional
information on the contents of these pipelines.
It would be an independent study that could then guide policymakers
in improving the National Response Center, providing them the tools
they need in the 21st century.
The National Response Center receives over 6,000 calls per year
across the country on all different sorts of spills. Giving the
National Response Center the tools they need in order to respond to
these incidents as quickly as possible with the right information is
critical not only to protecting public health, but in preventing long-
term damage to the environment.
Of course, coming from Michigan--in the district that I represent,
the Great Lakes, I have 77 miles of shoreline--we are particularly
concerned about surface water spills, and this information is
absolutely critical. Forty million people depend on the Great Lakes for
drinking water. We want to ensure that those who are charged with
responding to accidents, such as the one we saw in Michigan, have all
the information and tools available to them.
I ask my colleagues to support this amendment.
I reserve the balance of my time.
Mr. UPTON. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. Mr. Chair, I support the amendment. I want to say to my
friend from the great State of Michigan that this is obviously an issue
that is close to both of our hearts.
I want to go back. When I was first elected a few years ago, one of
the first bills that I saw enacted into law was an oil spill response
team for the Great Lakes. It was actually a visit, I think, now to your
district, Bay City, back then, which had a fairly significant oil
spill. We found out that the Coast Guard was totally unprepared. My
amendment was added, I want to say, to a highway bill to get it done.
When we had the oil spill on the Kalamazoo River in Calhoun County a
few years ago, we looked at that. We actually passed the Upton-
Dingell--not the Debbie Dingell, but the John Dingell--bill on pipeline
safety, which I want to say passed this body with more than 400 votes.
It did a lot of good things, including one that was very important,
which was, when there is an oil spill, it had to be reported to PHMSA
within an hour versus on a timely basis. That was a big change.
Now that we expect the passage tomorrow of the highway bill, Chairman
Shuster and myself will be working again to reauthorize the pipeline
safety bill. I am led to believe that we will be prepared to start
early next year to bring a bill to the floor. I look forward to your
support.

{time} 1645

Anything that we can do to improve the current system is a good
thing, which is why I strongly support your amendment today.
Mr. Chairman, I yield back the balance of my time.
Mr. KILDEE. Mr. Chairman, I just want to thank the chairman for his
good work on this. I look forward to working with him again on
additional pipeline safety measures as they come to the floor. I
appreciate his support for my amendment.
I believe in quitting while I am ahead. With that, unless the ranking
member would like time, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Kildee).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 11 will
not be offered.

Amendment No. 12 Offered by Mr. Garamendi

The Acting CHAIR. It is now in order to consider amendment No. 12
printed in House Report 114-359.
Mr. GARAMENDI. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 118, line 2, insert ``transportation,'' after
``distribution,''.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from California (Mr. Garamendi) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from California.
Mr. GARAMENDI. Mr. Chairman, I am trying to figure out who would be
opposed to this amendment, so maybe I will just talk my few minutes and
go from there.
The bill deals with energy, and I am trying to figure out, let's see,
energy that goes along in wires would be electrical energy. If it is
coal, it is probably on a truck or a train. If it is oil or gas, it is
on a pipeline or maybe in a truck, maybe in a boat or barge.
But this bill doesn't speak to the transportation of energy, so this
amendment is extraordinarily important because it really says that, if
you are going to study energy, you better study how you are going to
get it to wherever it needs to go. This amendment, being such an
important amendment, and so long--let's see, transportation. Wow, not
even 15 letters. That is all it does. It simply adds the word
``transportation'' to the study section of this bill, requiring the
Department of Energy, as it studies energy, to study how it gets from
here to there. That is it.
Now, I can go on for another 4 minutes or so, but after doing so, it
won't make any difference because we really need to study energy and
figure out how it gets to where it needs to go. That is the amendment.
Add the word ``transportation'' in it.
Mr. Chairman, I reserve the balance of my time.
Mr. UPTON. Mr. Chairman, I claim the time in opposition but speak in
support of the amendment.
The Acting CHAIR. Without objection, the gentleman from Michigan is
recognized for 5 minutes.
There was no objection.
Mr. UPTON. Mr. Chairman, this amendment adds inclusion of the energy
transportation to the list of considerations for the energy security

[[Page H8932]]

valuation report. Section 3002 requires the Secretary of Energy to
establish transparent and uniform procedures and criteria to ensure
that energy-related actions that significantly affect the supply,
distribution, or use of energy are evaluated with respect to their
potential impact on energy security, including their impact on the
consumer and the economy and energy supply and diversity.
I think it is a good amendment. I urge my colleagues to support it.
Mr. Chairman, I yield back the balance of my time.
Mr. GARAMENDI. Mr. Chairman, I came in prepared for a brawl, and all
I get is acceptance of an amendment. I think I will go with that and
say thank you, Mr. Chairman, for the extraordinary wisdom that
apparently we both seem to have.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Garamendi).
The amendment was agreed to.

Amendment No. 13 Offered by Mr. McKinley

The Acting CHAIR. It is now in order to consider amendment No. 13
printed in House Report 114-359.
Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of title III, add the following new section:

SEC. 3007. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.

Notwithstanding any other provision of law, including any
other provision of this Act and any amendment made by this
Act, to the extent that the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applies to the issuance of a
permit for the construction, operation, or maintenance of a
facility for the export of bulk commodities, no such permit
may be denied until each applicable Federal agency has
completed all reviews required for the facility under such
Act.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from West Virginia (Mr. McKinley) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from West Virginia.
Mr. McKINLEY. Mr. Chairman, again, I applaud the committee, and
particularly the staff, for the hard work they have done in putting
together this comprehensive piece of legislation on energy. It has been
long overdue to have that energy bill, so I am delighted it is here on
the floor.
I rise today in support of an amendment which is cosponsored by my
colleague from Montana, Congressman Zinke. This amendment will ensure
that no permit for a coal export facility can be denied until all
reviews required under the National Environmental Policy Act, known as
NEPA, have been completed.
The NEPA review process is critical to ensure that the communities
can provide input on any proposed project, and it allows the developer
the opportunity to work with the citizens of a community and the
regulatory agency to address any concerns that may arise. Denying a
permit request for a coal export facility before the NEPA process is
complete would send a precedent that indicates that those voices of
affected parties don't matter and diminish the value of the NEPA
process.
This amendment will ensure that a regulatory agency must first take
into consideration the merits of the project, voices of the people,
their thoughts, concerns, and the findings of the NEPA report before
acting on a permit and simply not advancing an anticoal ideology.
I urge my colleagues to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. PALLONE. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PALLONE. Mr. Chairman, time after time, Democratic Members have
come to the floor to strike bad NEPA language from bills, only to be
voted down by Republicans who use streamlining as a euphemism for
letting polluters do whatever they want. Now they expect us to believe
that they are sincere about keeping NEPA strong in one perverse
scenario in which they think it could help them. Well, I don't think
that passes the smell test. What is more, the amendment undermines the
treaty rights of the Lummi Nation and jeopardizes the sovereignty of
all tribes with rights to natural resources.
Mr. Chairman, tomorrow we will be here on the House floor to vote on
the conference report for a highway bill which includes, over the
opposition of many Democrats, sweeping exemptions from the requirements
of the National Environmental Policy Act. I have no doubt that both of
the sponsors of this amendment support those exemptions and will vote
to pass the bill without a second thought about the fact that it short-
circuits NEPA review for many, many infrastructure projects.
I am shocked to see them standing here with straight faces arguing
that, when it benefits them and their friends in the coal industry, the
NEPA process should be thorough and complete. It is a level of audacity
that I think is almost laughable.
I urge my colleagues to vote ``no'' on this damaging and disingenuous
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. McKINLEY. Mr. Chairman, I yield such time as he may consume to
the gentleman from Montana (Mr. Zinke).
Mr. ZINKE. Mr. Chairman, to clarify, this amendment does not violate
treaty rights, and to suggest it does is disingenuous and false.
This is about fairness. It is not about two tribes. It is about
fairness of a process. It would be unprecedented for the Army Corps of
Engineers to bypass the EIS to make a decision, and that is what this
amendment does.
It is not about coal. It is not about commodities, nor is it about
treaty rights because, quite frankly, the Crow Tribe in Montana has
treaty rights, too. This is not to pit one poor nation against a rich
nation. It is about simple fairness.
It would be unprecedented for the Army Corps of Engineers or any
government body to give judgment before the process is complete, and
that is what we are asking for. The EIS is the process that needs to be
done.
Mr. McKINLEY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from West Virginia (Mr. McKinley).
The amendment was agreed to.

Amendment No. 14 Offered by Mr. Gene Green of Texas

The Acting CHAIR. It is now in order to consider amendment No. 14
printed in House Report 114-359.
Mr. GENE GREEN of Texas. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of title III, insert the following new section:

SEC. 3007. AUTHORIZATION OF CROSS-BORDER INFRASTRUCTURE
PROJECTS.

(a) Finding.--Congress finds that the United States should
establish a more uniform, transparent, and modern process for
the construction, connection, operation, and maintenance of
pipelines and electric transmission facilities for the import
and export of liquid products, including water and petroleum,
and natural gas and the transmission of electricity to and
from Canada and Mexico.
(b) Authorization of Certain Infrastructure Projects at the
National Boundary of the United States.--
(1) Requirement.--No person may construct, connect,
operate, or maintain a cross-border segment of a pipeline or
electric transmission facility for the import or export of
liquid products or natural gas, or the transmission of
electricity, to or from Canada or Mexico without obtaining a
certificate of crossing for such construction, connection,
operation, or maintenance under this subsection.
(2) Certificate of crossing.--
(A) Issuance.--
(i) In general.--Not later than 120 days after final action
is taken under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) with respect to a cross-border
segment described in paragraph (1), the relevant official
identified under subparagraph (B), in consultation with
appropriate Federal agencies, shall issue a certificate of
crossing for the cross-border segment unless the relevant
official finds that the construction, connection, operation,
or maintenance of the cross-border segment is not in the
public interest of the United States.

[[Page H8933]]

(ii) Natural gas.--For the purposes of natural gas
pipelines, a finding with respect to the public interest
under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a))
shall serve as a finding under clause (i) of this
subparagraph.
(B) Relevant official.--The relevant official referred to
in subparagraph (A) is--
(i) the Secretary of State with respect to liquid
pipelines;
(ii) the Federal Energy Regulatory Commission with respect
to natural gas pipelines; and
(iii) the Secretary of Energy with respect to electric
transmission facilities.
(C) Additional requirement for electric transmission
facilities.--The Secretary of Energy shall require, as a
condition of issuing a certificate of crossing for an
electric transmission facility, that the cross-border segment
be constructed, connected, operated, or maintained consistent
with all applicable policies and standards of--
(i) the Electric Reliability Organization and the
applicable regional entity; and
(ii) any Regional Transmission Organization or Independent
System Operator with operational or functional control over
the cross-border segment of the electric transmission
facility.
(3) Modifications to existing projects.--No certificate of
crossing shall be required under this subsection for a change
in ownership, volume expansion, downstream or upstream
interconnection, or adjustment to maintain flow (such as a
reduction or increase in the number of pump or compressor
stations) with respect to a liquid or natural gas pipeline or
electric transmission facility unless such modification would
result in a significant impact at the national boundary.
(4) Effect of other laws.--Nothing in this subsection shall
affect the application of any other Federal statute
(including the Natural Gas Act and the Energy Policy and
Conservation Act) to a project for which a certificate of
crossing is sought under this subsection.
(c) Importation or Exportation of Natural Gas to Canada and
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C.
717b(c)) is amended by adding at the end the following: ``In
the case of an application for the importation or exportation
of natural gas to or from Canada or Mexico, the Commission
shall grant the application not later than 30 days after the
date of receipt of the complete application.''.
(d) Transmission of Electric Energy to Canada and Mexico.--
(1) Repeal of requirement to secure order.--Section 202(e)
of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
(2) Conforming amendments.--
(A) State regulations.--Section 202(f) of the Federal Power
Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as
such State regulation does not conflict with the exercise of
the Commission's powers under or relating to subsection
202(e)''.
(B) Seasonal diversity electricity exchange.--Section
602(b) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-4(b)) is amended by striking ``the Commission
has conducted hearings and made the findings required under
section 202(e) of the Federal Power Act'' and all that
follows through the period at the end and inserting ``the
Secretary has conducted hearings and finds that the proposed
transmission facilities would not impair the sufficiency of
electric supply within the United States or would not impede
or tend to impede the coordination in the public interest of
facilities subject to the jurisdiction of the Secretary''.
(e) Effective Date; Rulemaking Deadlines.--
(1) Effective date.--Subsections (b) through (d), and the
amendments made by such subsections, shall take effect on
January 20, 2017.
(2) Rulemaking deadlines.--Each relevant official described
in subsection (b)(2)(B) shall--
(A) not later than 180 days after the date of enactment of
this Act, publish in the Federal Register notice of a
proposed rulemaking to carry out the applicable requirements
of subsection (b); and
(B) not later than 1 year after the date of enactment of
this Act, publish in the Federal Register a final rule to
carry out the applicable requirements of subsection (b).
(f) Definitions.--In this section--
(1) the term ``cross-border segment'' means the portion of
a liquid or natural gas pipeline or electric transmission
facility that is located at the national boundary of the
United States with either Canada or Mexico;
(2) the terms ``Electric Reliability Organization'' and
``regional entity'' have the meanings given those terms in
section 215 of the Federal Power Act (16 U.S.C. 824o);
(3) the terms ``Independent System Operator'' and
``Regional Transmission Organization'' have the meanings
given those terms in section 3 of the Federal Power Act (16
U.S.C. 796);
(4) the term ``liquid'' includes water, petroleum,
petroleum product, and any other substance that flows through
a pipeline other than natural gas; and
(5) the term ``natural gas'' has the meaning given that
term in section 2 of the Natural Gas Act (15 U.S.C. 717a).

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Texas (Mr. Gene Green) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. GENE GREEN of Texas. I yield myself such time as I may consume.
Mr. Chairman, I rise in support of an amendment that would create
regulatory certainty with our neighbors, Canada and Mexico.
The Presidential permitting process dates back many administrations.
Beginning in the administration of Ulysses S. Grant, the executive
branch has taken steps to ensure our cross-border infrastructure
between Canada and Mexico was constructed.
These past administrations and, indeed, the current administration
have been forced to use executive orders because Congress has failed to
act. Congress has a duty to regulate the commerce of the United States,
and cross-border energy infrastructure projects fall well within that
space.
We need to create a system with our neighbors, Mexico and Canada, to
truly create a North American energy market, and that is what this
amendment would do. We can't build infrastructure in this country or in
this continent based on who sits in the White House.
There are 11 cross-border projects awaiting a decision now by the
Department of State and the President, including electricity wires and
water pipelines.
It is Congress' responsibility to create regulatory rules by which
infrastructure is constructed. As a reminder of this, tomorrow we will
pass the conference report to the FAST Act. The FAST Act is a multiyear
transportation bill that shows our determination to build
infrastructure for the 21st century. Now we must build on that success
and focus on our energy infrastructure.
This amendment would create a regulatory process at the Department of
State, Department of Energy, and the Federal Energy Regulatory
Commission to permit cross-border infrastructure. This is no different
than building roads, bridges, or railways.
The Department of Transportation coordinates with Federal, State, and
local agencies to ensure the project is completed and the environment
protected. We will do the same thing with pipes and wires. We need to
build electric transmission lines and pipelines to move resources from
where they are to where they are needed.
The amendment complies with the National Environmental Policy Act and
requires a full environmental review of any cross-border facility,
including analysis of the climate change impacts. The entire length of
the pipeline or electric transmission line will be reviewed for
environmental impacts.
This amendment is about the future and how to meet the 21st century
demands that our country needs. We should embrace the changes taking
place in North America and harmonize our policies with those of our
neighbors both to the north and south.
Mr. Chairman, I reserve the balance of my time.
Mr. PALLONE. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PALLONE. Mr. Chairman, this amendment makes an end run around the
National Environmental Policy Act. The amendment would simply eliminate
any meaningful review of the environmental impact of large trans-
boundary infrastructure projects by redefining and significantly
narrowing the scope of NEPA's environmental review.
While a traditional NEPA review looks at the impacts of an entire
project, this amendment restricts NEPA review only to that small
portion that physically crosses the border, and that defies common
sense. We are talking about massive projects that are more than just at
border crossing.
When we approve a trans-boundary pipeline or transmission line, we
are approving multibillion-dollar infrastructures that may stretch
hundreds of miles and will last for decades. They cross through private
property, water bodies, farms, sensitive lands, and over aquifers. They
carry substances that can catch fire or spill and pollute the
environment, and they have profound implications for climate change.
To understand the potential environmental impact of an energy
project, we need to look at the project as a whole.

[[Page H8934]]

To ignore the potential environmental or safety risks for every part of
the project except the tiny sliver of land at the national boundary
makes no sense.
Imagine going to the doctor if you are feeling sick, and the doctor
gives you a clean bill of health after looking only at your elbow. That
is what this amendment does by redefining the scope of NEPA's inquiry
to only encompass the step across the border. It makes the process of
environmental review essentially meaningless, and no meaningful review
means no opportunity to mitigate potential harm to public health,
public safety, or the environment.
Mr. Chairman, NEPA provides policymakers with a critical tool to
understand potential impacts and consider lower impact alternatives.
NEPA doesn't dictate the outcome or, by itself, impose any constraints
on projects.

{time} 1700

Fundamentally, it requires us to look before we leap, and that is
just basic common sense. We should not be punching loopholes in this
law.
But the amendment doesn't just stop there. It also creates a
rebuttable presumption that every cross-border project is in the public
interest, tipping the scale in favor of their approval. And that is a
subtle but significant change. Coupled with the small portion of
projects being reviewed, the amendment makes it virtually impossible to
ever prove that a project is not in the public interest.
Proponents of this amendment argue that a new process is necessary
for reviewing and approving cross-border projects, but if Congress is
going to establish new permitting rules through legislation, it should
do so in a thoughtful and balanced way. Instead, this amendment creates
a process that rubber stamps projects and eliminates meaningful
environmental review and public participation.
Frankly, this amendment is just another attempt to bring
TransCanada's Keystone XL pipeline back from the grave. The President
has already rejected their application, and we have wasted enough time
on this Canadian pipe dream.
The Keystone XL pipeline is a lose-lose proposition for energy
security, a lose-lose for safe climate and a healthy environment. And
we shouldn't be trying to create a weaker approval process to provide a
new pathway for its approval.
Adoption of this amendment will undoubtedly benefit TransCanada and
other multinational oil companies but will not help the American people
that we are here to represent.
Mr. Chairman, I yield back the balance of my time.
Mr. GENE GREEN of Texas. Mr. Chairman, how much time is remaining?
The Acting CHAIR. The gentleman has 2\1/2\ minutes remaining.
Mr. GENE GREEN of Texas. Mr. Chairman, my good friend from New Jersey
is actually incorrect. This amendment passed the House last session and
didn't pass in the Senate. But it does have the NEPA process
throughout, whether it is a pipeline or transmission line, from
literally not just the border but also to the destination.
And it is not just Keystone. We have natural gas pipelines being
built from Texas to Mexico. Twenty years from now, we will need those
pipelines reversed to bring natural gas from Mexico to my chemical
industries. That is what this amendment is about.
I yield the balance of my time to the gentleman from Michigan (Mr.
Upton), the chair of the Energy and Commerce Committee.
Mr. UPTON. Mr. Chairman, the Green amendment is very similar to the
bill that I introduced last Congress and, as we know, did pass the
House with some bipartisan support.
This amendment establishes a straightforward and predictable
procedure to permit cross-border pipelines and electric transmission
facilities.
It is not Keystone. We are over that battle. It is time to move
beyond that. But we want certainty in these things.
This is an important amendment. In order for the U.S. to fully
benefit from our energy abundance, we have to encourage rather than
obstruct trade with our good neighbors, particularly the Canadians, as
well as the Mexicans--an energy policy that works.
Let's do this. The amendment is a good one.
Mr. GENE GREEN of Texas. Mr. Chairman, I just want to encourage
Members to support the amendment. We need to bring our country and our
trading partners on the north and south border together on energy
issues. I encourage an ``aye'' vote.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Gene Green).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. PALLONE. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.
The Acting CHAIR. The Chair understands that amendment No. 15 will
not be offered.

Amendment No. 16 Offered by Mr. Takano

The Acting CHAIR. It is now in order to consider amendment No. 16
printed in House Report 114-359.
Mr. TAKANO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 133, after line 19, insert the following new section
(and redesignate the subsequent sections accordingly):

SEC. 4114. BATTERY STORAGE REPORT.

Not later than 1 year after the date of enactment of this
Act, the Comptroller General shall transmit to Congress a
report on the potential of battery energy storage that
answers the following questions:
(1) How do existing Federal standards impact the
development and deployment of battery storage systems?
(2) What are the benefits of using existing battery storage
technology, and what challenges exist to their widespread
use? What are some examples of existing battery storage
projects providing these benefits?
(3) What potential impact could large-scale battery storage
and behind-the-meter battery storage have on renewable energy
utilization?
(4) What is the potential of battery technology for grid-
scale use nationwide? What is the potential impact of battery
technology on the national grid capabilities?
(5) How much economic activity associated with large-scale
and behind-the-meter battery storage technology is located in
the United States? How many jobs do these industries account
for?
(6) What policies other than the Renewable Energy
Investment Tax Credit have research and available data shown
to promote renewable energy use and storage technology
deployment by State and local governments or private end-
users?

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from California (Mr. Takano) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. TAKANO. Mr. Chairman, I rise today in support of this bipartisan
amendment which brings us one step closer to realizing the enormous
potential of battery energy storage.
This technology is capable of transforming our energy landscape by
storing power in times of excess production and releasing power in
times of excess demand. It can make our grid more reliable and secure.
It can save consumers money by replacing costly gas-powered peaker
stations.
And, perhaps most importantly, it is compatible with any source of
energy. Its compatibility with multiple power sources means we aren't
picking winners and losers. Rather, we are increasing our capacity to
use all sources of energy.
Battery energy storage is particularly promising in its ability to
unlock the power of renewables, leading to a cleaner, more sustainable
energy portfolio.
Even as the cost of renewable energy sources drops closer to that of
fossil fuels, the viability of wind and solar power is limited by
inconsistency. Put simply, the wind doesn't always blow and the sun
doesn't always shine. Battery energy storage offers a solution to this
challenge.
This week at the climate summit in Paris, we have heard about the
importance of innovation in reaching our environmental goals. Battery
storage is exactly the type of revolutionary technology that will help
get us there, creating new jobs and economic growth in the process.

[[Page H8935]]

A GAO report on large-scale battery storage will help us make
informed decisions about accelerating its growth while signaling our
commitment to supporting the next chapter in America's energy
infrastructure.
I am thankful to be joined by Mr. Collins of New York as well as my
good friend Mr. Honda of California.
Mr. Chairman, I reserve the balance of my time.
Mr. UPTON. Mr. Chairman, I claim the time in opposition. Although am
not opposed to the amendment.
The Acting CHAIR. Without objection, the gentleman from Michigan is
recognized for 5 minutes.
There was no objection.
Mr. UPTON. Mr. Chairman, I support the amendment.
I would note Mr. Collins is a member of our committee. He is a
cosponsor of the amendment.
It is a good amendment. It needs to be included as part of this. I
would urge my colleagues to vote ``yes.''
Mr. Chairman, I yield back the balance of my time.
Mr. TAKANO. I thank the chairman for supporting this bipartisan
amendment. I am honored to have that support. I encourage its adoption.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Takano).
The amendment was agreed to.

Amendment No. 17 Offered by Mr. Beyer

The Acting CHAIR. It is now in order to consider amendment No. 17
printed in House Report 114-359.
Mr. BEYER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike page 147, line 9, through page 149, line 6.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Virginia (Mr. Beyer) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. BEYER. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, my amendment preserves section 433.
H.R. 8, the North American Energy Security and Infrastructure Act,
deliberately removes the energy usage goals for Federal buildings.
In 2007, under the Energy Independence and Security Act, our last
energy infrastructure overhaul bill, a provision was included that set
a goal for new Federal buildings to have net-zero energy usage by 2030.
This naturally also meant the Federal Government would have a
corresponding goal of reducing fossil-fuel-generated electricity
consumption in its buildings.
This provision was forward-thinking. The Federal Government will lead
by example in the transition to less-polluting buildings and show what
the next generation of infrastructure should look like.
Now is not the time to roll back this goal and abandon our
leadership. When people mention how H.R. 8 would take us back to a 19th
century economy, this is one clear example they can point to.
Commercial and residential buildings account for 39 percent of the
Nation's carbon emissions. To ignore this source of pollution at a time
when we are trying to keep temperatures from rising less than 2 degrees
centigrade isn't just negligent, it ignores our responsibility to be a
good steward of the Earth and leave it in good condition for
generations to come.
With the Federal Government as the largest consumer of energy in the
U.S., we must be the leader. This effort is under attack because of
outdated feasibility concerns--concerns which have already been
addressed. Last year, the Department of Energy proposed a rule that
charts a path forward to reach the 2030 goal that is both technically
possible and plausible.
I also want to address some myths about section 433. Some have
characterized it as ``a ban on the Federal Government using energy from
fossil fuel,'' but the law does no such thing. In fact, at no point
does this provision in the current law require zero fossil fuel use for
any building designed or renovated before 2030.
And despite objections from my friends at the American Gas
Association, the Department of Energy actually proposed carve-outs for
onsite natural gas usage in highly efficient combined heat and power
systems. Natural gas may actually be an important part of the solution
of getting to net-zero energy usage.
Requiring Federal buildings to meet aggressive energy targets not
only reduces taxpayer costs through energy savings, it also reduces our
dependence on foreign oil and leverages the government's large
purchasing power to bring new technologies and materials to the
marketplace. If we eliminate section 433, it could cost American
consumers $700 million in savings over the next 25 years.
According to the American Institute of Architects, not only are the
current targets achievable, but some buildings are already meeting the
2030 goals right now. The EU has adopted a similar goal but with a
shorter time horizon.
Mr. Chair, during my 4 years in Switzerland, we cut the carbon
footprint of the U.S. Embassy in half and reduced the carbon footprint
of our home to zero.
In 2013, Walgreens opened a net-zero energy retail space in Evanston,
Illinois. In 2015, a True Value hardware store was the first net-zero
retail store in New York State.
Within the Federal Government, our military has also taken a lead on
this important effort and used the goal as a means to reduce costs and
increase energy security. From 2007 to 2013, the Federal Government
reduced its annual energy usage by 7 percent while we continue to grow.
We must continue to encourage these energy reduction efforts. We
learned a long time ago in business that if we don't have a goal we
never get there. We have to have a target that we can all work to meet.
I urge my colleagues to support my amendment to reinstate the energy
usage goals for Federal buildings.
Mr. Chairman, I yield back the balance of my time.
Mr. WHITFIELD. Mr. Speaker, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Kentucky is recognized for 5
minutes.
Mr. WHITFIELD. Mr. Chairman, with all due regard to the gentleman who
is offering this amendment, I rise to oppose the amendment, which would
reinstate the provisions of section 433 which prohibit the use of
fossil fuels in new and modified Federal buildings after the year 2030.
Now, it is true that the Department of Energy is trying to thread a
needle through regulations that might allow fossil fuels to be used in
new and modified Federal buildings after 2030. But we know the reality
is that every environmental group in the country will file a lawsuit
against that regulation when it comes out if it is interpreted in any
way that fossil fuels might be used.
I am really shocked that people would be opposed to our wanting to
use fossil fuels after the year 2030. We are not mandating that they be
used, but everyone that comes to this floor, and particularly President
Obama when he goes anywhere, talk about an all-of-the-above energy
policy, and yet the 2007 Energy Policy Act prohibits fossil fuel use in
new and modified Federal buildings after the year 2030.
Our base bill does not mandate the use. It simply says, basically,
that the government will be able to do it if it is necessary. So why
should the Federal Government not allow the opportunity to use any
fossil fuel after 2030?
We already have a Federal debt approaching $20 trillion. Natural gas
prices are pretty low right now, but let's say they go up. Let's say
that renewables go up, that for some reason maybe using coal is more
economical, and using a ultra-supercritical facility.
We know that the President does not want to build any new coal-
powered plants because regulations now prohibit that. We think it is
important that we have an all-of-the-above energy policy. Our base bill
allows that even in government buildings.
And so, for that reason, I would respectfully oppose the gentleman's
amendment and ask that Members vote against the amendment.
Mr. Chairman, I yield back the balance of my time.

[[Page H8936]]

The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Beyer).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. WHITFIELD. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.

Amendment No. 18 Offered by Mr. Peters

The Acting CHAIR. It is now in order to consider amendment No. 18
printed in House Report 114-359.
Mr. PETERS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of chapter 1 of subtitle A of title IV, add the
following:

SEC. ____. REPORT ON ENERGY SAVINGS AND GREENHOUSE GAS
EMISSIONS REDUCTION FROM CONVERSION OF CAPTURED
METHANE TO ENERGY.

(a) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy, in
consultation with appropriate Federal agencies and relevant
stakeholders, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on the
impact of captured methane converted for energy and power
generation on Federal lands, Federal buildings, and relevant
municipalities that use such generation, and the return on
investment and reduction in greenhouse gas emissions of
utilizing such power generation.
(b) Contents.--The report shall include--
(1) a summary of energy performance and savings resulting
from the utilization of such power generation, including
short-term and long-term (20 years) projections of such
savings; and
(2) an analysis of the reduction in greenhouse emissions
resulting from the utilization of such power generation.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from California (Mr. Peters) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. PETERS. Mr. Chairman, my amendment to the North American Security
and Infrastructure Act requires the Secretary of Energy to submit a
report to Congress on the impact of captured methane converted for
energy and power generation on Federal lands, buildings, and relevant
municipalities.

{time} 1715

The report would include a summary of energy performance and savings
from using this power generation source and an analysis of the
reduction in greenhouse gas emissions.
In my district in San Diego, we are putting innovative solutions to
work to reduce methane emissions and create energy at the same time. At
the Point Loma Wastewater Treatment Plant, methane is collected and
fuels two continuously running generators. Using the methane produced
onsite, the wastewater treatment plant has not only become energy self-
sufficient, but is also able to sell excess power that it generates to
the local energy grid, enhancing grid reliability and energy
efficiency.
Another positive example of converting captured methane to energy is
at landfills. In the United States, we have over 1,900 landfills, and
they are the third largest source of methane emissions in the United
States. This pollution threatens air quality and the public health of
communities located close to the landfills themselves.
In San Diego, the Miramar Landfill spans over 1,500 acres and has
been operating since 1959. Some years ago, the city, the Navy, and the
private sector worked together and installed a methane-capture and
energy conversion plant to supply the neighboring Marine Corps Air
Station Miramar with 13.4 megawatts of energy. This plant supplies half
of the base's energy, allowing it to operate as a 911 base in case of
an emergency or power outage. The technology also reduced the emission
of pollutants from the Miramar Landfill by 75 percent.
My amendment will simply assess how capturing methane and using it to
generate energy reduces emissions, puts America on the path to a lower
carbon, renewable energy future, and shares best practices among
facilities that might be able to participate. So I ask my colleagues to
support the amendment.
I reserve the balance of my time.
Mr. UPTON. Mr. Chairman, I claim the time in opposition to the
amendment, even though I am not opposed to it.
The Acting CHAIR. Without objection, the gentleman from Michigan is
recognized for 5 minutes.
There was no objection.
Mr. UPTON. Again, I support the amendment. We have no objection to
the amendment. I think that it is worthwhile, and I urge my colleagues
to support it.
I yield back the balance of my time.
Mr. PETERS. Again, I thank the chairman very much for his hard work
and for his willingness to support this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Peters).
The amendment was agreed to.

Amendment No. 19 Offered by Ms. Schakowsky

The Acting CHAIR. It is now in order to consider amendment No. 19
printed in House Report 114-359.
Ms. SCHAKOWSKY. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Strike section 4125.

The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman
from Illinois (Ms. Schakowsky) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Illinois.
Ms. SCHAKOWSKY. Mr. Chairman, my amendment would preserve an existing
consumer right that has been on the books for many years, but section
4125 of this legislation would prevent consumers from pursuing breach
of warranty claims against product manufacturers that inaccurately
claim Energy Star compliance. As I said, in doing so, it would
eliminate an existing consumer right.
While I see no justification for this change, I see the motive. The
Association of Home Appliance Manufacturers, which represents 95
percent of U.S. home appliances and has endorsed this provision, wants
to avoid liability.
Consumers pay a premium for Energy Star products. But they don't pay
extra because they have a sense of charity; they do it because they
have been promised the Energy Star appliances will enable reduced
energy usage and lower operation costs. In fact, Energy Star products
promise a 10 to 25 percent energy efficiency improvement as compared to
Federal minimum standards. So when a manufacturer falsely claims to be
Energy Star compliant, consumers are left with a more expensive product
without any of the promised benefits. It amounts, really, to fraud.
In the past, manufacturers--including AHAM, the association, members
Samsung, LG, and Whirlpool--have falsely claimed that their products
meet Energy Star specifications. Consumers have mobilized to be
compensated for those false claims, and they deserve that right. My
amendment would enable them to retain it.
AHAM claims that my amendment would ``discourage robust
participation'' in the Energy Star program. And frankly, I don't see
that as a problem. If manufacturers can't stand by their claims of
Energy Star compliance, then they shouldn't participate in the program.
Those manufacturers that continue to make Energy Star products will
reap the rewards, including higher consumer demand and bigger profits,
and that is a win for consumers, honest manufacturers, and the Energy
Star program.
So I ask my colleagues, please, to support this amendment.
I reserve the balance of my time.
Mr. LATTA. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. LATTA. Mr. Chairman, I rise today in opposition to the amendment
to strike section 4125 of the bill, which is language that
Representative Welch and I have coauthored over the past two Congresses
with bipartisan support. It was developed with a cross section of
interests, including efficiency and consumer advocates, manufacturers,
and the EPA.

[[Page H8937]]

By rejecting this amendment and keeping our language, we have an
opportunity to encourage manufacturers to continue participation in the
Energy Star program.
Energy Star is a highly successful, voluntary program. Consumers,
manufacturers, and the government all win under Energy Star. The
program was designed to be low-cost and low-compliance to incentivize
participation by manufacturers, and the language included in this bill
is needed to continue to incentivize participation.
For a product to be branded with the Energy Star logo, it must meet
certain energy-saving guidelines. Manufacturers who choose to
participate in this voluntary program make the necessary investments
needed to increase the energy efficiency of their products.
In order to ensure their products maintain the required levels of
efficiency, the Department of Energy performs off-the-shelf testing. If
a product fails to meet the standard, that product is disqualified and
then publicly listed on the Energy Star Web site. Immediately following
a product's disqualification listing, the manufacturer and the EPA will
then work to resolve the cause for disqualification.
It is important to note that our language does not prevent lawsuits
from being filed; it just requires that a suit be filed before a
product is disqualified from Energy Star.
If a product has been disqualified from the program by EPA, the EPA
is best positioned to determine consumer impact and if such impact
requires any action on the part of the manufacturer.
The EPA process is swift compared to legal proceedings, which could
take years. If the focus is really on consumer reimbursement, shouldn't
those fighting for consumer rights prefer the EPA disqualification
process over class action litigation?
In the EPA disqualification process, the entire reimbursement goes to
the consumer, versus a legal proceeding, where legal fees can consume
large amounts of the award.
Energy Star has promoted economic expansion and job growth for
participating manufacturers across the Nation. In defeating this
amendment, we have an opportunity to continue to encourage
participation by manufacturers instead of discouraging participation.
This section has the support of the National Association of
Manufacturers, the Alliance to Save Energy, the American Council for an
Energy-Efficient Economy, and the Chamber of Commerce.
Mr. Chairman, I would ask to reject the amendment.
I reserve the balance of my time.
Ms. SCHAKOWSKY. Mr. Chairman, may I inquire how much time I have
remaining.
The Acting CHAIR. The gentlewoman from Illinois has 2\1/2\ minutes
remaining.
Ms. SCHAKOWSKY. Mr. Chairman, all this would be fine if it weren't
the case that we have members of the Association of Home Appliance
Manufacturers that actually have falsely claimed that their products
meet Energy Star specifications. And nothing in the remedy actually
says that the consumer will have the right to reclaim their money that
they spent on the washer or the dryer or the appliance that was bought
because they thought that they would both save energy and, over time,
that they would save money as well.
As I said earlier, this rule, this law, has been in place for many
years. It does not interfere with the fact that this is a voluntary
program, that the companies decide if they want to participate in
Energy Star to be an Energy Star product, but it does say they have to
keep their promise. And they have to keep their promise not just to the
EPA or to some regulatory framework; they have to keep their promise to
the individual consumer who has actually laid out the bucks to buy that
product.
This provides an opportunity for that consumer to be able to reclaim
a product if it is found not to meet the Energy Star promise that they
made of 10 to 25 percent energy efficiency improvements.
So it seems to me, why would this body go about the business of
taking away a consumer right? I thought we were supposed to be in the
business of trying to figure out how we are going to adequately protect
consumers not in the generic sense, but in the individual sense. That
is the kind of protection that we have had, and that is the kind of
protection I believe that we should maintain; and this section, put in
at the behest of the industry, makes no sense. I think it weights
toward the manufacturers and away from the consumers something that we
all want to achieve, which is more energy efficiency.
Mr. Chairman, I am very disappointed, as someone who has been a
consumer advocate for a very long time in many ways, especially in
terms of truth in products, truth in labeling, that we ought to be able
to rely on that Energy Star label to know that it is going to give us
the energy efficiency that we paid for and that, if it doesn't, we do
have a remedy. Those remedies tend to make the manufacturers even more
honest. I hope we will get some support.
I yield back the balance of my time.
Mr. LATTA. Mr. Chairman, again, I would urge defeat of the amendment
because we want to make sure that manufacturers are still encouraged to
participate in the Energy Star program, which has been highly
successful.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Illinois (Ms. Schakowsky).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LATTA. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Illinois
will be postponed.

Amendment No. 20 Offered by Mrs. Brooks of Indiana

The Acting CHAIR. It is now in order to consider amendment No. 20
printed in House Report 114-359.
Mrs. BROOKS of Indiana. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of chapter 2 of subtitle A of title IV, insert
the following:

SEC. 4128. ENERGY SAVINGS FROM LUBRICATING OIL.

Not later than one year after the date of enactment of this
Act, the Secretary of Energy, in cooperation with the
Administrator of the Environmental Protection Agency and the
Director of Management and Budget, shall--
(1) review and update the report prepared pursuant to
section 1838 of the Energy Policy Act of 2005;
(2) after consultation with relevant Federal, State, and
local agencies and affected industry and stakeholder groups,
update data that was used in preparing that report; and
(3) prepare and submit to Congress a coordinated Federal
strategy to increase the beneficial reuse of used lubricating
oil, that--
(A) is consistent with national policy as established
pursuant to section 2 of the Used Oil Recycling Act of 1980
(Public Law 96-463); and
(B) addresses measures needed to--
(i) increase the responsible collection of used oil;
(ii) disseminate public information concerning sustainable
reuse options for used oil; and
(iii) promote sustainable reuse of used oil by Federal
agencies, recipients of Federal grant funds, entities
contracting with the Federal Government, and the general
public.

The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman
from Indiana (Mrs. Brooks) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Indiana.
Mrs. BROOKS of Indiana. Mr. Chairman, my amendment is very simple and
straightforward. It calls on the Department of Energy, working together
with the Environmental Protection Agency and the Office of Management
and Budget, to take another look at what is now 20-year-old data about
how used oil is managed in the United States and to develop
comprehensive strategies to increase recycling used oil as part of a
national strategy to save energy and reduce pollution.
Right now, there are options for disposal of motor oil commonly used
in trucks and cars. The worst option is for that oil to be simply
discarded, leading to contaminants polluting our air and water. If
properly collected, the oil can be burned once for use as low-cost
fuel.

[[Page H8938]]

However, the best option uses modern technology which now exists to
collect and sustainably recycle used oil. These refining techniques can
now produce a product that is the quality equivalent to fresh virgin
base oils. So this option also maximizes the benefits by conserving
most of the energy needed to make oil while cutting emissions of carbon
and other harmful pollutants.
Re-refining can turn what used to be a waste product into an
infinitely renewable resource. And not only does this re-refined oil
meet government and industry specifications, but it is also cost-
competitive, reduces waste, and reduces emissions.
Earlier studies done by DOE as well as our national labs show that
used motor oil is a valuable and reusable energy resource.
As the motor sports capital of the world--Indianapolis, that is--it
is no surprise that Indiana has traditionally been a leader in
recycling and re-refining oil. We have two major used oil refineries in
Indiana employing almost 1,000 people, and our State has a proud
tradition of utilizing this product and promoting its technology.

{time} 1730

Re-refined oil is already being actively used by DOD and other
Federal agencies, public and commercial fleets, and average consumers
with great success. However, far too little of our used oil is recycled
in this way. So my amendment is intended to increase conservation and
sustainable reuse.
The last major Federal study was called for in the Energy Policy Act
of 2005. That study was issued in 2006, but relied on data that was
then 10 years old. Now that data is 20 years old.
My amendment will require the DOE to update that data so that we know
how much oil is available and how much is actually being reused and re-
refined. Data from 20 years ago showed that the United States was well
behind other developed and even some developing countries in terms of
sustainable reuse.
Mr. Chairman, this amendment will also provide for the development of
policies that can significantly increase both the collection rate and
sustainable reuse of this valuable resource
Mr. Chairman, I yield such time as he may consume to the gentleman
from Michigan (Mr. Upton).
Mr. UPTON. Mr. Chairman, this amendment calls on the Department of
Energy to review and update the data use for a 9-year-old Federal study
on oil recycling. It is a good amendment. It promotes recycling of used
lubricating oil to save energy, minimize disposal into landfills, and
improves public information concerning sustainable reuse options.
It is a good amendment. I would like to see it adopted.
Mrs. BROOKS of Indiana. Mr. Chairman, I urge adoption of the
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Indiana (Mrs. Brooks).
The amendment was agreed to.

Amendment No. 21 Offered by Mr. Upton

The Acting CHAIR. It is now in order to consider amendment No. 21
printed in House Report 114-359.
Mr. UPTON. Mr. Chairman, as the designee of the gentlewoman from
North Carolina (Mrs. Ellmers), I offer amendment No. 21.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of chapter 2 of subtitle A of title IV, add the
following:

SEC. ____. DEFINITION OF EXTERNAL POWER SUPPLY.

Section 321(36)(A) of the Energy Policy and Conservation
Act (42 U.S.C. 6291(36)(A)) is amended--
(1) by striking the subparagraph designation and all that
follows through ``The term'' and inserting the following:
``(A) External power supply.--
``(i) In general.--The term''; and
(2) by adding at the end the following:
``(ii) Exclusion.--The term `external power supply' does
not include a power supply circuit, driver, or device that is
designed exclusively to be connected to, and power--

``(I) light-emitting diodes providing illumination; or
``(II) organic light-emitting diodes providing
illumination.''.

SEC. ____. STANDARDS FOR POWER SUPPLY CIRCUITS CONNECTED TO
LEDS OR OLEDS.

(a) In General.--Section 325(u) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(u)) is amended by adding at
the end the following:
``(6) Power supply circuits connected to leds or oleds.--
Notwithstanding the exclusion described in section
321(36)(A)(ii), the Secretary may prescribe, in accordance
with subsections (o) and (p) and section 322(b), an energy
conservation standard for a power supply circuit, driver, or
device that is designed primarily to be connected to, and
power, light-emitting diodes or organic light-emitting diodes
providing illumination.''.
(b) Energy Conservation Standards.--Section 346 of the
Energy Policy and Conservation Act (42 U.S.C. 6317) is
amended by adding at the end the following:
``(g) Energy Conservation Standard for Power Supply
Circuits Connected to LEDS or OLEDS.--Not earlier than 1 year
after applicable testing requirements are prescribed under
section 343, the Secretary may prescribe an energy
conservation standard for a power supply circuit, driver, or
device that is designed primarily to be connected to, and
power, light-emitting diodes or organic light-emitting diodes
providing illumination.''.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Michigan (Mr. Upton) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. UPTON. Mr. Chairman, I won't take the full 5 minutes.
Mr. Chairman, I offer this in lieu of Mrs. Ellmers. It is a simple,
technical fix to DOE's external power supply rule. I am not aware of
any opposition.
Mr. Chairman, I urge my colleagues to support it.
Mr. Chairman, I yield back the balance of my time.
Mrs. ELLMERS of North Carolina. Mr. Speaker, I rise today in support
of this bipartisan and commonsense amendment that would provide
certainty to manufacturers and resolve this DOE rule.
I would also like to thank my colleagues DeGette, Pompeo and Dent for
working with me on this issue.
This problem stems from an overly broad interpretation of a provision
within the Energy Policy Act of 2005 in which Congress directed DOE to
set energy efficiency standards for External Power Supplies.
DOE is now attempting to regulate a product that was not in the
marketplace at the time Congress directed the department to set
External Power Supple Standards.
Because of DOE's interpretation, other products--such as LED Drivers
not intended for regulation--are now a facing regulation under the EPS
rule.
This problem is, sadly, just another example of DOE expanding the
scope of their rulemakings and capturing products that were not
intended by Congress.
Thankfully, my amendment resolves the problem for this technology and
prevents it from being included in other broad rulemakings.
The lighting industry is already strenuously regulated for energy
efficiency, accounting for 20 percent of DOE's total efficiency
regulations.
Regulations like this have had a negative impact of 750 million
dollars to U.S. lighting manufacturers.
This regulation will only stifle innovation, ultimately leading to
less energy efficient products and higher energy prices for consumers.
Manufacturers cannot operate in an uncertain marketplace and without
Congressional action, this rule will unintentionally threaten thousands
of jobs.
In North Carolina alone this industry provides over 3,000 jobs.
I urge my colleagues to join this bipartisan effort.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Upton).
The amendment was agreed to.

Amendment No. 22 Offered by Mr. Tonko

The Acting CHAIR. It is now in order to consider amendment No. 22
printed in House Report 114-359.
Mr. TONKO. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

In chapter 2 of subtitle A of title IV, add at the end the
following new section:

SEC. 4128. WEATHERIZATION ASSISTANCE AND STATE ENERGY
PROGRAMS.

(a) Reauthorization of Weatherization Assistance Program.--
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended by striking ``appropriated--'' and
all that follows through the period at the end and inserting
``appropriated $450,000,000 for each of fiscal years 2016
through 2020.''.

[[Page H8939]]

(b) Reauthorization of State Energy Programs.--Section
365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking ``$125,000,000 for each of
fiscal years 2007 through 2012'' and inserting ``$75,000,000
for each of fiscal years 2016 through 2020''.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from New York (Mr. Tonko) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. TONKO. Mr. Chairman, my amendment reauthorizes two existing
programs, the Weatherization Assistance Program and the State Energy
Program.
Both of these programs have been operating successfully for many
years. The Federal dollars delivered through these programs leverage
additional funding from our States and the private sector. These
programs address real problems. They are effective, and they create and
sustain jobs.
As we heard during debate yesterday, H.R. 8 does very little to
advance energy efficiency, an issue that has enjoyed strong, bipartisan
support in the past. In fact, some provisions are more likely to be a
setback to efficiency standards. While this bill contains plenty of
benefits for energy suppliers, there is very little in there designed
to address the needs of average Americans.
The Weatherization Assistance Program supports State-based programs
to improve the energy efficiency of the homes of low-income families.
The Department of Energy provides grants to the States, United States
territories, and tribal governments to deliver these services through
local weatherization agencies. The weatherization measures used include
air sealing, wall and attic insulation, duct sealing, and furnace
repair and replacement.
Mr. Chairman, the benefits of weatherization are well known and
result in a reduced energy bill for many years into the future.
Insulating our walls and our roofs, for example, can provide savings
for the lifetime of a house. Other measures, such as making heating or
cooling equipment more efficient, can provide savings for more than a
decade.
Since 1976, the Weatherization Assistance Program has helped improve
the lives of more than 7 million families by reducing their electricity
bills. The program provides energy efficiency services to thousands of
homes every year, reducing average costs by more than $400 per
household in annual utility bills.
Investments in energy efficiency pay for themselves over time, but
the up-front costs can be significant, and when a family's budget is
severely limited, those costs are simply too high.
The Weatherization Assistance Program helps those in our communities
who do not have the financial resources to make energy efficiency
investments on their own. That includes our elderly, our disabled, and
our low-income families.
These vulnerable households are often on fixed incomes and are the
most susceptible to volatile changes in electricity prices. They are
particularly vulnerable to spikes in electricity bills during heat
waves or cold weather due to poor insulation or inefficient appliances.
A sudden increase in expenses is difficult to manage for many of our
families. Low-income families already spend a disproportionate amount
of their income on energy costs.
Mr. Chairman, the State Energy Program provides funding to the States
to support the work of their energy offices. It ensures that each State
will have basic funding available to support its programs.
These offices play a role in helping States define the least costly
ways to meet State goals for energy efficiency, for air quality, for
fuel diversity, and for energy security.
According to a study by the Oak Ridge National Laboratory, the State
Energy Program often leverages, for every 1 Federal dollar, $10.71 in
State and private funds. That is a great return on investment.
Congress reauthorized these programs back in 2007 for a 5-year period
at about $1 billion per year for Weatherization and $125 million per
year for the State Energy Program.
My amendment authorizes the Weatherization Assistance Program for
another 5 years, but at lower levels--$450 million per year--and the
State Energy Program is authorized for 5 years at $75 million per year.
These are robust authorization levels for certain. While I believe
these programs should be appropriated even more funding, this amendment
authorizes them at lower levels to be more in tune with today's fiscal
constraints.
Mr. Chairman, I ask my colleagues to support my amendment and to help
to extend the benefits of energy efficiency to our families so that
more families can be supported by local jobs, businesses, and certainly
contractors that do this extremely important work.
Mr. Chairman, I reserve the balance of my time.
Mr. UPTON. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. Mr. Chairman, I do so to oppose the amendment because, as
we all know, this amendment reauthorizes the Federal Weatherization
Assistance Program at $2.2 billion through 2020 and the State Energy
Program at $375 million through 2020.
But our feeling is that it is not needed because the Department of
Energy's Weatherization Assistance Program is already extremely well
funded.
I support weatherization, as I think most of our colleagues on both
sides of the aisle do, but Congress has been funding the program at or
near the Department's requested levels.
So this is, in essence, billions above in new spending on an existing
program that the Department of Energy has not requested.
I would note that the 2009 stimulus bill included an extra $5 billion
to the Department of Energy for weatherization, roughly 17 times what
was originally appropriated for that year.
Furthermore, using experiments considered the gold standard for
evidence, researchers from UC Berkeley, MIT, and the University of
Chicago recently released a report on a first-of-its-kind field test of
the Federal Weatherization Assistance Program.
The study found that the costs of energy efficiency investments were
about double the actual savings, that model-projected savings are 2\1/
2\ times the actual savings, and that, even when accounting for the
broader societal benefits of energy efficiency investments, the costs
will substantially outweigh the benefits. The average rate of return is
a minus 9\1/2\ percent annually.
So, Mr. Chairman, the overall legislation today that is before us is
extremely specific in authorizing budget-neutral spending for energy
security efforts only. Authorizing additional money--beyond requested
amounts--as this Weatherization amendment does, does not have the
offset.
Therefore, I would ask my colleagues to vote ``no'' on the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. TONKO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, certainly the numbers here speak to the most vulnerable
in our society. There are waiting lists that I know exist in States.
There are more things we can do for energy efficiency's sake for our
most stressed family budgets.
This is a situation where energy costs, as a wedge of the pie for our
poor families for their household budgets, is far greater a slice than
it is for the average residents of this country. This is a hardhearted
approach taken to our elderly, to our low-income families, and to the
disabled.
Also, Mr. Chairman, I would suggest that our goal here should be to
be as resourceful as possible with our energy mix across this country.
Anytime we can reduce consumption we are doing a big thing for all
ratepayers. The statements show a missing of the focus that is needed.
Finally, to the study, it was a one-State, one-utility study. It was
not peer reviewed. It was flawed. It did not really suggest to show the
real issues out there for this program.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Tonko).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. TONKO. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by

[[Page H8940]]

the gentleman from New York will be postponed.

Amendment No. 23 Offered by Ms. Castor of Florida

The Acting CHAIR. It is now in order to consider amendment No. 23
printed in House Report 114-359.
Ms. CASTOR of Florida. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

In subtitle A of title IV, add at the end the following new
chapter:

CHAPTER 8--LOCAL ENERGY SUPPLY AND RESILIENCY

SEC. 4181. DEFINITIONS.

In this chapter:
(1) Combined heat and power system.--The term ``combined
heat and power system'' means generation of electric energy
and heat in a single, integrated system that meets the
efficiency criteria in clauses (ii) and (iii) of section
48(c)(3)(A) of the Internal Revenue Code of 1986, under which
heat that is conventionally rejected is recovered and used to
meet thermal energy requirements.
(2) Demand response.--The term ``demand response'' means
changes in electric usage by electric utility customers from
the normal consumption patterns of the customers in response
to--
(A) changes in the price of electricity over time; or
(B) incentive payments designed to induce lower electricity
use at times of high wholesale market prices or when system
reliability is jeopardized.
(3) Distributed energy.--The term ``distributed energy''
means energy sources and systems that--
(A) produce electric or thermal energy close to the point
of use using renewable energy resources or waste thermal
energy;
(B) generate electricity using a combined heat and power
system;
(C) distribute electricity in microgrids;
(D) store electric or thermal energy; or
(E) distribute thermal energy or transfer thermal energy to
building heating and cooling systems through a district
energy system.
(4) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from 1 or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(5) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(6) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a).
(7) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage devices, within clearly defined electrical boundaries
that--
(A) acts as a single controllable entity with respect to
the grid; and
(B) can connect and disconnect from the grid to operate in
both grid-connected mode and island mode.
(8) Renewable energy source.--The term ``renewable energy
source'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and thermal)
energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(9) Renewable thermal energy.--The term ``renewable thermal
energy'' means heating or cooling energy derived from a
renewable energy resource.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or steam that
is used to provide space heating, domestic hot water, or
process heat; or
(B) cooling energy in the form of chilled water, ice, or
other media that is used to provide air conditioning, or
process cooling.
(12) Waste thermal energy.--The term ``waste thermal
energy'' means energy that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser water, jacket
cooling heat, or lubricating oil in power generation systems;
(ii) exhaust heat, hot liquids, or flared gas from any
industrial process;
(iii) waste gas or industrial tail gas that would otherwise
be flared, incinerated, or vented;
(iv) a pressure drop in any gas, excluding any pressure
drop to a condenser that subsequently vents the resulting
heat;
(v) condenser water from chilled water or refrigeration
plants; or
(vi) any other form of waste energy, as determined by the
Secretary; and
(B)(i) in the case of an existing facility, is not being
used; or
(ii) in the case of a new facility, is not conventionally
used in comparable systems.

SEC. 4182. DISTRIBUTED ENERGY LOAN PROGRAM.

(a) Loan Program.--
(1) In general.--Subject to the provisions of this
subsection and subsections (b) and (c), the Secretary shall
establish a program to provide to eligible entities--
(A) loans for the deployment of distributed energy systems
in a specific project; and
(B) loans to provide funding for programs to finance the
deployment of multiple distributed energy systems through a
revolving loan fund, credit enhancement program, or other
financial assistance program.
(2) Eligibility.--Entities eligible to receive a loan under
paragraph (1) include--
(A) a State, territory, or possession of the United States;
(B) a State energy office;
(C) a tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b));
(D) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)); and
(E) an electric utility, including--
(i) a rural electric cooperative;
(ii) a municipally owned electric utility; and
(iii) an investor-owned utility.
(3) Selection requirements.--In selecting eligible entities
to receive loans under this section, the Secretary shall, to
the maximum extent practicable, ensure--
(A) regional diversity among eligible entities to receive
loans under this section, including participation by rural
States and small States; and
(B) that specific projects selected for loans--
(i) expand on the existing technology deployment program of
the Department of Energy; and
(ii) are designed to achieve 1 or more of the objectives
described in paragraph (4).
(4) Objectives.--Each deployment selected for a loan under
paragraph (1) shall include 1 or more of the following
objectives:
(A) Improved security and resiliency of energy supply in
the event of disruptions caused by extreme weather events,
grid equipment or software failure, or terrorist acts.
(B) Implementation of distributed energy in order to
increase use of local renewable energy resources and waste
thermal energy sources.
(C) Enhanced feasibility of microgrids, demand response, or
islanding;
(D) Enhanced management of peak loads for consumers and the
grid.
(E) Enhanced reliability in rural areas, including high
energy cost rural areas.
(5) Restriction on use of funds.--Any eligible entity that
receives a loan under paragraph (1) may only use the loan to
fund programs relating to the deployment of distributed
energy systems.
(b) Loan Terms and Conditions.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, in providing a loan under this section, the
Secretary shall provide the loan on such terms and conditions
as the Secretary determines, after consultation with the
Secretary of the Treasury, in accordance with this section.
(2) Specific appropriation.--No loan shall be made unless
an appropriation for the full amount of the loan has been
specifically provided for that purpose.
(3) Repayment.--No loan shall be made unless the Secretary
determines that there is reasonable prospect of repayment of
the principal and interest by the borrower of the loan.
(4) Interest rate.--A loan provided under this section
shall bear interest at a fixed rate that is equal or
approximately equal, in the determination of the Secretary,
to the interest rate for Treasury securities of comparable
maturity.
(5) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(A) 20 years; or
(B) 90 percent of the projected useful life of the physical
asset to be financed by the loan (as determined by the
Secretary).
(6) Use of payments.--Payments of principal and interest on
the loan shall--
(A) be retained by the Secretary to support energy research
and development activities; and
(B) remain available until expended, subject to such
conditions as are contained in annual appropriations Acts.
(7) No penalty on early repayment.--The Secretary may not
assess any penalty for early repayment of a loan provided
under this section.
(8) Return of unused portion.--In order to receive a loan
under this section, an eligible entity shall agree to return
to the general fund of the Treasury any portion of the loan
amount that is unused by the eligible entity within a
reasonable period of time after the date of the disbursement
of the loan, as determined by the Secretary.
(9) Comparable wage rates.--Each laborer and mechanic
employed by a contractor or subcontractor in performance of
construction work financed, in whole or in part, by the loan
shall be paid wages at rates not less than the rates
prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code.

[[Page H8941]]

(c) Rules and Procedures; Disbursement of Loans.--
(1) Rules and procedures.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the loan program under
subsection (a).
(2) Disbursement of loans.--Not later than 1 year after the
date on which the rules and procedures under paragraph (1)
are established, the Secretary shall disburse the initial
loans provided under this section.
(d) Reports.--Not later than 2 years after the date of
receipt of the loan, and annually thereafter for the term of
the loan, an eligible entity that receives a loan under this
section shall submit to the Secretary a report describing the
performance of each program and activity carried out using
the loan, including itemized loan performance data.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary.

SEC. 4183. TECHNICAL ASSISTANCE AND GRANT PROGRAM.

(a) Establishment.--
(1) In general.--The Secretary shall establish a technical
assistance and grant program (referred to in this section as
the ``program'')--
(A) to disseminate information and provide technical
assistance directly to eligible entities so the eligible
entities can identify, evaluate, plan, and design distributed
energy systems; and
(B) to make grants to eligible entities so that the
eligible entities may contract to obtain technical assistance
to identify, evaluate, plan, and design distributed energy
systems.
(2) Technical assistance.--The technical assistance
described in paragraph (1) shall include assistance with 1 or
more of the following activities relating to distributed
energy systems:
(A) Identification of opportunities to use distributed
energy systems.
(B) Assessment of technical and economic characteristics.
(C) Utility interconnection.
(D) Permitting and siting issues.
(E) Business planning and financial analysis.
(F) Engineering design.
(3) Information dissemination.--The information
disseminated under paragraph (1)(A) shall include--
(A) information relating to the topics described in
paragraph (2), including case studies of successful examples;
(B) computer software and databases for assessment, design,
and operation and maintenance of distributed energy systems;
and
(C) public databases that track the operation and
deployment of existing and planned distributed energy
systems.
(b) Eligibility.--Any nonprofit or for-profit entity shall
be eligible to receive technical assistance and grants under
the program.
(c) Applications.--
(1) In general.--An eligible entity desiring technical
assistance or grants under the program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Application process.--The Secretary shall seek
applications for technical assistance and grants under the
program--
(A) on a competitive basis; and
(B) on a periodic basis, but not less frequently than once
every 12 months.
(3) Priorities.--In selecting eligible entities for
technical assistance and grants under the program, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
(A) facilitating the use of renewable energy resources;
(B) strengthening the reliability and resiliency of energy
infrastructure to the impact of extreme weather events, power
grid failures, and interruptions in supply of fossil fuels;
(C) improving the feasibility of microgrids or islanding,
particularly in rural areas, including high energy cost rural
areas;
(D) minimizing environmental impact, including regulated
air pollutants and greenhouse gas emissions; and
(E) maximizing local job creation.
(d) Grants.--On application by an eligible entity, the
Secretary may award grants to the eligible entity to provide
funds to cover not more than--
(1) 100 percent of the costs of the initial assessment to
identify opportunities;
(2) 75 percent of the cost of feasibility studies to assess
the potential for the implementation;
(3) 60 percent of the cost of guidance on overcoming
barriers to implementation, including financial, contracting,
siting, and permitting issues; and
(4) 45 percent of the cost of detailed engineering.
(e) Rules and Procedures.--
(1) Rules.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall adopt rules and
procedures for carrying out the program.
(2) Grants.--Not later than 120 days after the date of
issuance of the rules and procedures for the program, the
Secretary shall issue grants under this chapter.
(f) Reports.--The Secretary shall submit to Congress and
make available to the public--
(1) not less frequently than once every 2 years, a report
describing the performance of the program under this section,
including a synthesis and analysis of the information
provided in the reports submitted to the Secretary under
section 4181(c); and
(2) on termination of the program under this section, an
assessment of the success of, and education provided by, the
measures carried out by eligible entities during the term of
the program.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $250,000,000 for
the period of fiscal years 2016 through 2020, to remain
available until expended.

The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman
from Florida (Ms. Castor) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. CASTOR of Florida. Mr. Chairman, my amendment focuses on thermal
energy and combined heat power, which are essential to a smart energy
future for our country, but they are often overlooked components of our
national energy supply.
In the United States, up to 36 percent of the total energy produced
is lost from power plants, industrial facilities, and buildings in the
form of waste heat. My amendment will help industry, universities,
hospitals, and others capture that waste heat and use renewables for
heating, cooling, and power generation.
Now, I want to read the definition of what is included in renewables
so that everyone is aware: biomass, geothermal, hydropower, landfill
gas, municipal solid waste, ocean energy, organic waste, photosynthetic
processes, photovoltaic energy, solar energy, and wind.
What is happening across America are businesses and nonprofits are
getting really smart about this wasted energy and they are putting it
back into their facilities to save energy and save money.
The overall resilience and cost savings that can be achieved through
combined heat and power and distributed energy systems is proven every
day, but it was especially proven during Superstorm Sandy and other
natural disasters.
During Superstorm Sandy, businesses and nonprofits, such as hospitals
and universities, were able to keep the lights on and actually had heat
and water in the aftermath of the storm because they have these self-
contained, energy-efficient waste heat projects.
Mr. Chairman, we have also heard testimony in the Energy and Power
Subcommittee extensively on the importance in the future of these
smaller, distributed, locally based energy systems.
I have also seen it in my hometown in Tampa, where St. Joseph's
Hospital burns the medical waste, turns it into waste heat, and they
are now saving $200,000 a year on their energy bills where they can
keep the lights on. They don't have to pay that out to the power
company. That can go back into the care of patients.
Mr. Chairman, what my amendment proposes to do is to help overcome
the financing hurdles that will be key in implementing this highly
efficient and resilient energy infrastructure.
My amendment would establish an initiative to provide cost-shared
funding for technical assistance for feasibility studies and
engineering, and it would enable qualifying energy infrastructure
projects to access lower interest debt financing through a loan
guarantee program.
Industrial competitiveness will be enhanced because these businesses
will be able to develop new revenue streams, reduce energy costs,
reduce emissions, and enhance energy supply resiliency.
We have got to plan ahead here in America. We have got to be smarter.
According to a joint DOE and EPA study, roughly 65 gigawatts of
technical potential remain in the Nation's hospitals, universities,
wastewater treatment plants, and other critical infrastructure.

{time} 1745

My amendment will help to reduce the up-front capital cost of
installing these locally based energy-efficient systems. These systems
have proven themselves, and we should encourage them.
So I respectfully request that the House act with an eye towards the
future. Take this modest but very important step to help unleash
American innovation. We know how to do this. We

[[Page H8942]]

can do this. Let's give our businesses, our universities, and hospitals
an incentive to put waste energy to work and at the same time save some
money.
I urge an ``aye'' vote on my amendment.
I reserve the balance of my time.
Mr. UPTON. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. UPTON. Mr. Chairman, this amendment would establish a DOE loan
program to support distributed generation. While I support some of the
goals in this amendment--distributed generation, microgrids, combined
heat and power--I cannot support a new loan guarantee program given the
failures this administration has had in issuing loans. I remember one
called Solyndra a long time ago.
In any event, this amendment is too broad. Locally grown energy may
make some sense in some circumstances but not in others. There are
often economic reasons to use nonlocal energy sources and to use them
on a larger scale than distributed generation.
Moreover, this provision is duplicative of other DOE programs as well
as tax incentives and State programs that encourage the use of
distributed renewable energy.
Circumstances do vary across regions, so States should decide whether
and how to encourage distributed generation. The Federal Government
shouldn't be picking winners and losers.
I urge my colleagues to vote ``no.''
I yield back the balance of my time.
Ms. CASTOR of Florida. Mr. Chairman, I thank the chairman for
supporting some of the goals contained in the amendment.
This is not an open-ended loan program. This is very modest, only
authorized for $250 million. The appropriators will probably scale that
back.
But what it does is it allows our hospitals, universities, and other
industrial users across the country some upfront technical assistance
that will save them a lot of money and a lot of energy on the down
side. This modest investment will have a great payoff for taxpayers and
for industrial users, our hospitals, and universities.
I have seen it work right in my district. I know it worked during
Superstorm Sandy. We have to think with an eye to the future and act
that way.
I request an ``aye'' vote on this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Castor).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. CASTOR of Florida. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.

Amendment No. 24 Offered by Mr. Polis

The Acting CHAIR. It is now in order to consider amendment No 24
printed in House Report 114-359.
Mr. POLIS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

In subtitle A of title IV, add at the end the following new
chapter:

CHAPTER 8--SURFACE ESTATE OWNER NOTIFICATION

SEC. 4181. SURFACE ESTATE OWNER NOTIFICATION.

The Secretary of the Interior shall--
(1) notify surface estate owners and all owners of land
located within 1 mile of a proposed oil or gas lease tract in
writing at least 45 days in advance of lease sales;
(2) within 10 working days after a lease is issued, notify
surface estate owners and all owners of land located within 1
mile of a lease tract, regarding the identity of the lessee;
(3) notify surface estate owners and all owners of land
located within 1 mile of a lease tract in writing within 10
working days concerning any subsequent decisions regarding
the lease, such as modifying or waiving stipulations and
approving rights-of-way; and
(4) notify surface estate owners and all owners of land
located within 1 mile of a lease tract, within 5 business
days after issuance of a drilling permit under a lease.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Colorado (Mr. Polis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. POLIS. Mr. Chairman, I want to explain how in many States,
including my home State of Colorado, landowners--if you live in a home,
you own your property, you bought it--you are not necessarily and in
most cases, in fact, you are not also the owner of the minerals beneath
your land. That is called a split estate.
Many, in fact most, surface estates in my State were split from their
subsurface or mineral rights--severed. And Congress rewrote the rules
of the Homestead Act to maintain ownership over minerals even as they
gave away western lands for development.
So, again, what that means is we have suburban subdevelopments,
people's homes--people live in their homes--and the Federal Government
owns the mineral rights under those homes. Along with that comes the
right to extract those minerals.
Unfortunately, what fails to be present in the Homestead Act is
protections and notification requirements for the people who live
there, the homeowners. So, in some cases, in Colorado and elsewhere,
landholders and homeowners don't even know that there has been a lease
or a drill permit on their land where they own the surface rights.
Literally, one day an oil company can drive up to the property and
construct a horizontal drill in the middle of your backyard without
notification. So you can imagine the result--harm and loss of cattle or
crops, infrastructure on the property--not knowing what is occurring.
And, really, it has been amazing to see the ability of the extraction
industry to operate without having to address the legitimate concerns
of surface owners.
Now, my bill doesn't change all of that, and, frankly, I would like
to go a lot further and will in other legislative efforts. This
amendment is really a commonsense effort that is a critical first step
to right those wrongs.
It would simply require that the BLM notify a landowner sitting above
mineral rights that they plan to put out for bid, award, lease, or sale
a drilling permit on that land.
The BLM will argue that there are notification requirements. What
that means is it might be posted on a Web site or in the Federal
Register. Well, I guarantee you that Mr. or Mrs. Smith in a suburban
subdevelopment are not eagerly checking the Federal Register every day.
They are not even generally aware that there are mineral rights under
their property, nor should they have to be. They should simply get a
letter in the mail saying what is happening if and when there is going
to be mineral development on their property.
And I think that is a simple, commonsense step that would protect
American taxpayers from undue, unreasonable burdens placed upon them
and protect property rights. I really hope it is not controversial and
that we can adopt this amendment.
I reserve the balance of my time.
Mr. LAMBORN. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Colorado is recognized for 5
minutes.
Mr. LAMBORN. Mr. Chairman, I want to let my colleague from Colorado
know that this is an unnecessary amendment, so I would ask Members to
oppose it.
There already is a lot of built-in notification that does take place.
I don't know if my colleague is aware of this or not, but when an
expression of interest for leasing is made, the BLM requires that all
of the surface owners, wherever this expression of interest for leasing
applies to, are notified by mail.
Secondly, before a permit is issued, there is another notification to
the surface owners of wherever that lease is located.
Thirdly, under the NEPA process, before the leases are even issued,
the public is notified. I know this amendment talks about notifying
everyone within 1 mile. The public notification is a lot broader than
just 1 mile, so, actually, current law does more than what this
amendment calls for.
But there are two different steps, in addition to the public notice,
where the

[[Page H8943]]

surface landowner actually is notified by mail by a good faith effort
required by the Bureau of Land Management for Federal lands.
On top of all that, Mr. Chairman, I ask opposition for this amendment
because it is poorly written. It is ambiguous as to whether it is only
applying to Federal lands or is broader and would include tribal lands,
private lands, and things way out of the jurisdiction of the Bureau of
Land Management.
But, in any case, even if it would just apply to the Federal lands,
it is unnecessary. Because of the different steps that are required
under the language of this amendment, it would add a lot of paperwork
and red tape and really not accomplish anything more than what is
already clearly accomplished two or three times under existing law.
For all those reasons, Mr. Chairman, I ask that we oppose this
amendment. I know it is well-intentioned, but the law already takes
care of this. This amendment, besides being poorly written, would add a
lot of time and paperwork and red tape to the process right now.
I reserve the balance of my time.
Mr. POLIS. Mr. Chairman, I wish that this amendment weren't
necessary. There are hundreds, if not thousands, of homeowners in
Colorado who fail to be notified by the BLM.
Now, there is a good faith effort requirement, but there is no system
in place to ensure that the person gets a notification. So, in effect,
what happens is the agency will sign off, ``We made a good faith
effort, couldn't find who the property owner was,'' and it is posted in
the Federal Register or in a newspaper in an ad that the homeowner is
extremely unlikely to ever see.
What we are simply saying is have a step to implement this directive
that already exists. Give this meaning; give this teeth. Make sure that
homeowners are actually notified in the mail, that there is an effort
to actually find out who they are, and not just a bureaucratic signoff
that we don't know who they are and, therefore, they are never going to
find out until trucks drive onto their property.
It is a real problem, and there is a real simple, commonsense
solution. I urge my colleagues to adopt it.
I reserve the balance of my time.
Mr. LAMBORN. Mr. Chairman, just to finish this, I would say that this
is an unnecessary amendment because there are already two, if not
three, different times that the notice to the surface owner already
takes place: once to the public at large, twice to the surface owner in
particular.
Secondly, this is poorly written. I am afraid that it does not just
refer strictly to Federal lands that the BLM controls, but this could
apply to tribal lands and private lands. So it makes a mess in that
regard.
And, thirdly, it goes 1 mile away. The current law does refer to the
surface owner and accomplishes the things that the proponent of the
amendment wants to accomplish, so it is unnecessary.
For those reasons, Mr. Chairman, I urge opposition to this amendment.

I yield back the balance of my time.
Mr. POLIS. Mr. Chairman, I respect my good friend and colleague from
Colorado.
Part of the goal of this amendment is to ensure that the full area of
disruption receives notification. So where you have a suburban
subdevelopment, it is one thing for the owner under which the activity
is occurring to get notice.
But keep in mind the activity also has an impact certainly within a
mile radius of that activity in terms of loud noises, trucks, et
cetera. Families may choose to leave town; others may choose to stick
it out and make sure they are prepared for whatever activity will
occur, when it occurs.
But, clearly, if there are notification aspects in the current law,
which there are, they are insufficient, because I come before you
telling you that there are homeowners in Colorado who have no prior
word of extraction activity on their land until, literally, they see it
occurring. They see trucks, they see people. They go out, they say,
``What are you doing?'' and they say, ``We are getting ready to
drill.''
This happens in my State. This amendment would make sure that, more
than a good faith effort that is simply signed off on by some
bureaucrat and therefore waived, there is a real effort of
implementation. We give full rulemaking authority to the BLM to
actually come up with a system for notifying homeowners and adjacent
property owners about extraction work that is occurring for the mineral
rights that occur under where they live.
I hope that this is a basis of common sense from which we can build a
concept of homeowner protections and surface owner rights to balance
the rights that the mineral owners have. Certainly, transparency and
notification is a simple one and an easy one for the BLM to implement.
That is all the amendment would do.
I urge my colleagues to vote ``yes.''
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Polis).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. POLIS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.

Amendment No. 25 Offered by Mr. Barton

The Acting CHAIR. It is now in order to consider amendment No. 25
printed in House Report 114-359.
Mr. BARTON. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill, add the following:

TITLE VII--CHANGING CRUDE OIL MARKET CONDITIONS

SEC. 7001. FINDINGS.

The Congress finds the following:
(1) The United States has enjoyed a renaissance in energy
production, establishing the United States as the world's
leading oil producer.
(2) By authorizing crude oil exports, the Congress can spur
domestic energy production, create and preserve jobs, help
maintain and strengthen our independent shipping fleet that
is essential to national defense, and generate State and
Federal revenues.
(3) An energy-secure United States that is a net exporter
of energy has the potential to transform the security
environment around the world, notably in Europe and the
Middle East.
(4) For our European allies and Israel, the presence of
more United States oil in the market will offer more secure
supply options, which will strengthen United States strategic
alliances and help curtail the use of energy as a political
weapon.
(5) The 60-ship Maritime Security Fleet is a vital element
of our military's strategic sealift and global response
capability. It assures United States-flag ships and United
States crews will be available to support the United States
military when it needs to mobilize to protect our allies, and
is the most prudent and economical solution to meet current
and projected sealift requirements for the United States.
(6) The Maritime Security Fleet program provides a labor
base of skilled American mariners who are available to crew
the United States Government-owned strategic sealift fleet,
as well as the United States commercial fleet, in both peace
and war.
(7) The United States has reduced its oil consumption over
the past decade, and increasing investment in clean energy
technology and energy efficiency will lower energy prices,
reduce greenhouse gas emissions, and increase national
security.

SEC. 7002. REPEAL.

Section 103 of the Energy Policy and Conservation Act (42
U.S.C. 6212) and the item relating thereto in the table of
contents of that Act are repealed.

SEC. 7003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.

Notwithstanding any other provision of law, to promote the
efficient exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources,
including fossil fuels, no official of the Federal Government
shall impose or enforce any restriction on the export of
crude oil.

SEC. 7004. STUDIES.

(a) Greenhouse Gas Emissions.--Not later than 120 days
after the date of enactment of this Act, the Secretary of
Energy shall conduct, and transmit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate the
results of, a study on the net greenhouse gas emissions that
will result from the repeal of the crude oil export ban under
section 7002.
(b) Crude Oil Export Study.--
(1) In general.--The Department of Commerce, in
consultation with the Department of Energy, and other
departments as appropriate, shall conduct a study of the
State and national implications of lifting the crude oil
export ban with respect to consumers and the economy.
(2) Contents.--The study conducted under paragraph (1)
shall include an analysis of--

[[Page H8944]]

(A) the economic impact that exporting crude oil will have
on the economy of the United States;
(B) the economic impact that exporting crude oil will have
on consumers, taking into account impacts on energy prices;
(C) the economic impact that exporting crude oil will have
on domestic manufacturing, taking into account impacts on
employment; and
(D) the economic impact that exporting crude oil will have
on the refining sector, taking into account impacts on
employment.
(3) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Bureau of Industry and
Security shall submit to Congress a report containing the
results of the study conducted under paragraph (1).

SEC. 7005. SAVINGS CLAUSE.

Nothing in this title limits the authority of the President
under the Constitution, the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies
Act (50 U.S.C. 1601 et seq.), part B of title II of the
Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.),
the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.), or
any other provision of law that imposes sanctions on a
foreign person or foreign government (including any provision
of law that prohibits or restricts United States persons from
engaging in a transaction with a sanctioned person or
government), including a foreign government that is
designated as a state sponsor of terrorism, to prohibit
exports.

SEC. 7006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.

(a) In General.--The Department of Energy shall continue to
develop and broaden partnerships with minority serving
institutions, including Hispanic Serving Institutions (HSI)
and Historically Black Colleges and Universities (HBCUs) in
the areas of oil and gas exploration, production, midstream,
and refining.
(b) Public-private Partnerships.--The Department of Energy
shall encourage public-private partnerships between the
energy sector and minority serving institutions, including
Hispanic Serving Institutions and Historically Black Colleges
and Universities.

SEC. 7007. REPORT.

Not later than 10 years after the date of enactment of this
Act, the Secretary of Energy and the Secretary of Commerce
shall jointly transmit to Congress a report that reviews the
impact of lifting the oil export ban under this title as it
relates to promoting United States energy and national
security.

SEC. 7008. REPORT TO CONGRESS.

Not later than 180 days after the date of enactment of this
Act, the Secretary of Energy and the Secretary of Commerce
shall jointly transmit to Congress a report analyzing how
lifting the ban on crude oil exports will help create
opportunities for veterans and women in the United States,
while promoting energy and national security.

SEC. 7009. PROHIBITION ON EXPORTS OF CRUDE OIL, REFINED
PETROLEUM PRODUCTS, AND PETROCHEMICAL PRODUCTS
TO THE ISLAMIC REPUBLIC OF IRAN.

Nothing in this title shall be construed to authorize the
export of crude oil, refined petroleum products, and
petrochemical products by or through any entity or person,
wherever located, subject to the jurisdiction of the United
States to any entity or person located in, subject to the
jurisdiction of, or sponsored by the Islamic Republic of
Iran.

The Acting CHAIR. Pursuant to House Resolution 542, the gentleman
from Texas (Mr. Barton) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. BARTON. Mr. Chairman, I offer this amendment on behalf of myself,
Mr. Cuellar, Mr. Flores, Mr. Conaway, and Mr. McCaul.
This amendment is almost identical to H.R. 702, which passed the
House floor on a strong bipartisan basis several months ago with 261
votes, I believe, in favor of it.
This is necessary because, while we had hoped that H.R. 702 would be
brought up in the other body as a stand-alone bill, it doesn't appear
that is going to happen this session, so we want to try to put this on
another vehicle that the Senate may yet bring up.
I will also point out that there are a number of larger bills in
play, and there is a possibility we will try to attach it to those
also.
In any event, this amendment is true to the bill that was brought up
on the House floor. It is identical, with two exceptions:
One, it does not have the maritime provision to provide some
additional funding for our maritime merchant marine fleet because that
was not germane--not because we don't support it, but it was not
germane.
And, two, we had a requirement that we do a study of the Strategic
Petroleum Reserve. That is no longer necessary because that part of the
bill has become law.

{time} 1800

Other than that, all of the amendments that were offered and accepted
on both sides are in this amendment that is before us today.
We are the third largest oil producer in the world. We have the
capability to significantly increase our production, but under current
law, Mr. Chairman, that is not possible because it is prohibited by a
law that was passed in 1975. The gist of this bill is that it would
repeal that ban and allow American crude oil to be put out on the world
market, just like our refined oil products are today.
I ask everybody who voted for it before to vote for it again, and for
those of you who didn't see the light the last time, we are going to
give you a second chance tonight to vote for it.
I want to see if there is anybody willing to stand up and be in
opposition to this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. GARAMENDI. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. GARAMENDI. Mr. Chairman, ever since I got involved in public
policy, which was about 40 years ago, this Nation has been crying for
energy independence.
I remember my very first campaign in 1974, during the oil energy
crisis, when there was all around the world no oil available and no gas
available, and we wanted to be energy independent. We are actually
getting close to it; although, we continue to import 25 percent of our
crude oil, but maybe we are on the cusp of being energy independent.
So what does Big Oil want to do? It is not good enough that they
should be the wealthiest of all corporations in America and the world.
They want to take our precious and almost energy independent oil and
export it.
Where is it going to go? Where is the market? China, for sure, wants
oil. They are going to need to double their import of oil. So where is
Big Oil going to go with our precious natural resource that we have for
at least the last 40 years been trying to use to achieve energy
independence?
Why would my good friend from Texas give away to Big Oil our energy
independence? Why would we do that?
By the way, the 1975 law does not prohibit. It puts the hand of the
government--the President and the Secretary of Commerce--on the spigot,
and if it is not in America's interest to export, they can shut the
spigot down. There is no such protection in this. The only hand on the
spigot for the export of oil is Big Oil. There is $30 billion a year of
additional revenue for Big Oil--as if they don't already have enough.
What about the rest of the Nation? Shouldn't this natural resource
asset of America's be shared? It could be. Control the spigot to the
benefit of the people at the gas pump. My farmers need chemicals and
fertilizer coming from the oil industry. They need the pipes--they need
all of the material--and they need the diesel. Oh, we can forget about
the farmers. After all, Big Oil wants to ship our precious natural
resource--oil--overseas, probably to China.
So why don't we put a control on this, and if it is not in the public
interest, don't do it? $8.7 billion of refining infrastructure will not
be built as a result of this export. Whose jobs are those? They are the
American middle class', which, apparently, all of us want to protect
and enhance. Those are middle class jobs. $8.7 billion of
infrastructure is not going to be built in our refineries.
This is not a big deal. After all, Big Oil wants it. It is no big
deal that we would take, as we move towards energy independence, the
one product that is available that could diminish the 25 percent oil we
currently import. No. We are simply going to ship it offshore. For
whose benefit? Are the American mariners going to benefit from that?
No. Are the American shipbuilders going to benefit from that? No, not
at all. Who is going to benefit? Some in the oil patch will benefit for
sure, and, certainly, the Big Oil companies will benefit; but will the
American consumer at the gasoline pump benefit?
I have seen the studies. You can design a study that will show it,
but it

[[Page H8945]]

means nothing. Remember this: $30 billion of oil a year is going to
leave this country. For whose benefit? For Big Oil? It is not for the
person at the gas pump. It is not for the farmer who is buying the
diesel. It is not for the farmer who wants to buy the fertilizer. Give
it away. Let them have it--as if they don't already have enough. For a
century, Big Oil has been subsidized by the American public. Enough
already.
I don't think this is a good idea. I don't think it is a good idea to
take our crude oil and allow it to be shipped overseas with absolutely
no restrictions whatsoever. You want a strong vote on this? Then make
it a strong ``no'' vote.
I yield back the balance of my time.
Mr. BARTON. I will put the gentleman from California down as being
undecided on the amendment.
Mr. Chairman, I yield 1 minute to the gentleman from College Station,
Texas (Mr. Flores).
Mr. FLORES. Mr. Chair, I rise in strong support of this amendment,
which would strengthen our Nation's energy, its security, its jobs, and
its economy.
We have heard some interesting rhetoric tonight, but here are the
facts. This amendment results in five key benefits to our country:
First, it benefits the American consumer with resulting overall lower
energy prices. This particularly benefits lower-income and lower
middle-income Americans, providing greater economic security for those
hard-working families;
Two, it benefits American producers and allows them to further
reinvest in our domestic energy infrastructure, furthering our energy
security and good-paying American jobs. Most of those companies are
small, independent oil and gas companies, not the major companies that
were just talked about;
Three, it benefits our geopolitical standing and strengthens ties
with our global friends and allies, and it hurts those countries like
Russia, Iran, and Venezuela, which are opposed to American interests;
Four, it benefits the downstream refining community as lower prices
will stimulate volume demand for their refined products. This gives
them more financial capital to hire skilled American workers and to
reinvest in their operations;
Five, it helps cure our trade imbalances.
These are five critical reasons as to why everybody wins if we lift
the ban.
The Acting CHAIR. The time of the gentleman has expired.
Mr. BARTON. I yield the gentleman an additional 15 seconds.
Mr. FLORES. Mr. Chairman, I thank Mr. Barton for his work on this
important amendment. I also thank the chairman for his support.
I strongly encourage my colleagues to support the amendment and the
underlying bill.
Mr. BARTON. Mr. Chairman, how much time remains?
The Acting CHAIR. The gentleman from Texas has 1\3/4\ minutes
remaining, and the gentleman from California has yielded back the
balance of his time.

Mr. BARTON. Mr. Chairman, I yield myself the balance of my time. I
don't see any other speakers on our side.
Let me simply say that this amendment is about jobs for America.
There is only one commodity that we prohibit, by law, from being
exported, and it is crude oil. We don't prohibit cotton; we don't
prohibit corn; we don't prohibit ethanol; we don't prohibit
automobiles; we don't prohibit video games or movies. We only prohibit
crude oil. That is number one.
Number two, since the oil prices have precipitously fallen in the
last 13 or 14 months, we have lost over 250,000 jobs in the United
States. Those aren't just oil patch jobs. Those are truck driver jobs;
they are warehouse jobs; they are computer programmer jobs; they are
restaurant jobs. You name it; those are real jobs. It is estimated, Mr.
Chairman, that we are losing as many as 1,000 jobs a week right now. If
we repeal this antiquated law, we can put some of those people back to
work.
We can put American-made oil in the world marketplace. It makes no
sense to let Iran export oil, but we can't let American oil be put on
the world market. We don't know who is going to buy the oil, but we do
know that the money we will receive from it is going to come back to
the United States. It is going to create jobs, and it is going to help
our economy. It is going to be good for every American in every State
of the 50 States in the Union. Vote for this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Barton).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. GARAMENDI. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

Announcement by the Acting Chair

The Acting CHAIR. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 114-359 on
which further proceedings were postponed, in the following order:
Amendment No. 1 by Mr. Upton of Michigan.
Amendment No. 2 by Mr. Tonko of New York.
Amendment No. 14 by Mr. Gene Green of Texas.
Amendment No. 17 by Mr. Beyer of Virginia.
Amendment No. 19 by Ms. Schakowsky of Illinois.
Amendment No. 22 by Mr. Tonko of New York.
Amendment No. 23 by Ms. Castor of Florida.
Amendment No. 24 by Mr. Polis of Colorado.
Amendment No. 25 by Mr. Barton of Texas.
The Chair will reduce to 2 minutes the minimum time for any
electronic vote after the first vote in this series.

Amendment No. 1 Offered by Mr. Upton

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Michigan
(Mr. Upton) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 246,
noes 177, not voting 10, as follows:

[Roll No. 656]

AYES--246

Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costa
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Gene
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Larson (CT)
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey

[[Page H8946]]

Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOES--177

Adams
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Graham
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--10

Aguilar
Cuellar
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Stefanik
Takai
Webster (FL)
Williams

{time} 1838

Mr. RIGELL changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 2 Offered by Mr. Tonko

The Acting CHAIR (Mrs. Black). The unfinished business is the demand
for a recorded vote on the amendment offered by the gentleman from New
York (Mr. Tonko) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 179,
noes 244, not voting 10, as follows:

[Roll No. 657]

AYES--179

Adams
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costello (PA)
Courtney
Crenshaw
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Holding
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perry
Pingree
Pocan
Polis
Posey
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOES--244

Abraham
Aderholt
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costa
Cramer
Crawford
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Doyle, Michael F.
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Hinojosa
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Latta
LoBiondo
Long
Loudermilk
Love
Lowey
Lucas
Luetkemeyer
Lummis
MacArthur
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perlmutter
Peters
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Tsongas
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOT VOTING--10

Aguilar
Cuellar
Marchant
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1843

So the amendment was rejected.
The result of the vote was announced as above recorded.

[[Page H8947]]

Amendment No. 14 Offered by Mr. Gene Green of Texas

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
Gene Green) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 658]

AYES--263

Abraham
Adams
Aderholt
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Benishek
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Butterfield
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Cleaver
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Costa
Cramer
Crawford
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Green, Al
Green, Gene
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Hinojosa
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jackson Lee
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Jolly
Jordan
Kaptur
Katko
Kelly (MS)
Kelly (PA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Larsen (WA)
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Maloney, Carolyn
Marchant
Marino
Massie
McCarthy
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Norcross
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perlmutter
Perry
Peters
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Scott, David
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sires
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Veasey
Vela
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOES--158

Beatty
Becerra
Bera
Beyer
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Conyers
Cooper
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fincher
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Grayson
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Honda
Hoyer
Huffman
Israel
Jeffries
Johnson (GA)
Jones
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (IA)
Kirkpatrick
Kuster
Langevin
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Sean
Matsui
McCaul
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
O'Rourke
Pallone
Pascrell
Pelosi
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Serrano
Sewell (AL)
Sherman
Sinema
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--12

Aguilar
Costello (PA)
Crenshaw
Cuellar
Joyce
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1848

Mr. DANNY K. DAVIS of Illinois changed his vote from ``aye'' to
``no.''
Mrs. BLACK and Mr. AMODEI changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.

Amendment No. 17 Offered by Mr. Beyer

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Beyer) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

The Acting CHAIR. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIR. This is a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 172,
noes 246, not voting 15, as follows:

[Roll No. 659]

AYES--172

Adams
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Courtney
Crowley
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Dold
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Reichert
Rice (NY)
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOES--246

Abraham
Aderholt
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Bass
Beatty
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany

[[Page H8948]]

Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cooper
Costa
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Davis, Rodney
DeFazio
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Donovan
Doyle, Michael F.
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOT VOTING--15

Aguilar
Capps
Cleaver
Conyers
Cuellar
Green, Gene
Meeks
Payne
Rangel
Ruppersberger
Sanchez, Loretta
Takai
Walorski
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1851

So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mrs. WALORSKI. Madam Chair, on rollcall No. 659 I was unavoidably
detained. Had I been present, I would have voted ``no.''

Amendment No. 19 Offered by Ms. Schakowsky

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Illinois
(Ms. Schakowsky) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 660]

AYES--183

Adams
Amash
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Bonamici
Boyle, Brendan F.
Brady (PA)
Brooks (AL)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Costa
Costello (PA)
Courtney
Crowley
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Duckworth
Duncan (TN)
Edwards
Ellison
Engel
Eshoo
Farr
Fattah
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Herrera Beutler
Higgins
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Peterson
Pingree
Pocan
Price (NC)
Quigley
Rangel
Reichert
Rice (NY)
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Wilson (FL)
Yarmuth

NOES--239

Abraham
Aderholt
Allen
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Blumenauer
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cooper
Cramer
Crawford
Crenshaw
Culberson
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Dold
Donovan
Duffy
Duncan (SC)
Ellmers (NC)
Emmer (MN)
Esty
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Hice, Jody B.
Hill
Himes
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peters
Pittenger
Pitts
Poe (TX)
Poliquin
Polis
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Russell
Salmon
Sanford
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Welch
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOT VOTING--11

Aguilar
Cole
Cuellar
Meeks
Payne
Royce
Ruppersberger
Sanchez, Loretta
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1854

Mr. POLIS changed his vote from ``aye to ``no.''
So the amendment was rejected.

[[Page H8949]]

The result of the vote was announced as above recorded.

Amendment No. 22 Offered by Mr. Tonko

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from New York
(Mr. Tonko) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 661]

AYES--198

Adams
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blum
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Cooper
Costa
Costello (PA)
Courtney
Crowley
Cummings
Curbelo (FL)
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Dent
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Hahn
Hanna
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jolly
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kinzinger (IL)
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McKinley
McNerney
McSally
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Poliquin
Polis
Price (NC)
Quigley
Rangel
Reed
Rice (NY)
Richmond
Ros-Lehtinen
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (IA)

NOES--224

Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cramer
Crawford
Crenshaw
Culberson
Davis, Rodney
Denham
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jones
Jordan
Joyce
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McMorris Rodgers
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Pompeo
Posey
Price, Tom
Ratcliffe
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)
Zeldin
Zinke

NOT VOTING--11

Aguilar
Cole
Cuellar
Gutierrez
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1858

So the amendment was rejected.
The result of the vote was announced as above recorded.

Amendment No. 23 Offered by Ms. Castor of Florida

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentlewoman from Florida
(Ms. Castor) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 662]

AYES--175

Adams
Ashford
Bass
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Clyburn
Cohen
Connolly
Cooper
Costa
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Foster
Frankel (FL)
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lynch
MacArthur
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McNerney
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Pelosi
Perlmutter
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOES--247

Abraham
Aderholt
Allen
Amash
Amodei
Babin
Barletta
Barr
Barton
Beatty
Benishek
Bilirakis

[[Page H8950]]

Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Cleaver
Coffman
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Conyers
Cook
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fitzpatrick
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Fudge
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jones
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
LoBiondo
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lummis
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McSally
Meadows
Meehan
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Paulsen
Pearce
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOT VOTING--11

Aguilar
Cuellar
Larson (CT)
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Scott, David
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1901

So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated for:
Mr. CONYERS. Madam Chair, during rollcall vote No. 662 on H.R. 8, I
mistakenly recorded my vote as ``no'' when I should have voted ``yes.''

Amendment No. 24 Offered by Mr. Polis

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Colorado
(Mr. Polis) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 663]

AYES--206

Adams
Amash
Ashford
Bass
Beatty
Becerra
Bera
Beyer
Bishop (GA)
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Burgess
Bustos
Butterfield
Capps
Capuano
Cardenas
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Coffman
Cohen
Connolly
Conyers
Cooper
Costa
Costello (PA)
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
Dent
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Fortenberry
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Gibson
Graham
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hanna
Hastings
Heck (WA)
Herrera Beutler
Higgins
Himes
Hinojosa
Honda
Hoyer
Huffman
Hurt (VA)
Israel
Jackson Lee
Jeffries
Jenkins (WV)
Johnson (GA)
Johnson, E. B.
Jolly
Jones
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
King (IA)
Kirkpatrick
Kuster
Lance
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
Lipinski
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan Grisham (NM)
Lujan, Ben Ray (NM)
Lummis
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
McKinley
McNerney
Meng
Messer
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
O'Rourke
Pallone
Pascrell
Paulsen
Pelosi
Perlmutter
Peters
Peterson
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Richmond
Roybal-Allard
Ruiz
Rush
Ryan (OH)
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schrader
Scott (VA)
Scott, David
Sensenbrenner
Serrano
Sewell (AL)
Sherman
Sinema
Sires
Slaughter
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Tipton
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Vela
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth
Young (IA)

NOES--216

Abraham
Aderholt
Allen
Amodei
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Byrne
Calvert
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gohmert
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Hice, Jody B.
Hill
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Issa
Jenkins (KS)
Johnson (OH)
Johnson, Sam
Jordan
Kelly (MS)
Kelly (PA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Latta
Long
Loudermilk
Love
Lucas
Luetkemeyer
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McMorris Rodgers
McSally
Meadows
Meehan
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
Olson
Palazzo
Palmer
Pearce
Perry
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Rice (SC)
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Salmon
Sanford
Scalise
Schweikert
Scott, Austin
Sessions
Shimkus
Shuster
Simpson
Smith (MO)
Smith (NE)
Smith (NJ)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Trott
Turner
Upton
Valadao
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IN)
Zeldin
Zinke

NOT VOTING--11

Aguilar
Cole
Cuellar
Joyce
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1905

Mr. YOUNG of Iowa changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.

[[Page H8951]]

Amendment No. 25 Offered by Mr. Barton

The Acting CHAIR. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
Barton) on which further proceedings were postponed and on which the
ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.

Recorded Vote

[Roll No. 664]

AYES--255

Abraham
Aderholt
Allen
Amash
Amodei
Ashford
Babin
Barletta
Barr
Barton
Benishek
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Black
Blackburn
Blum
Bost
Boustany
Brady (TX)
Brat
Bridenstine
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Burgess
Byrne
Calvert
Cardenas
Carter (GA)
Carter (TX)
Chabot
Chaffetz
Clawson (FL)
Coffman
Collins (GA)
Collins (NY)
Comstock
Conaway
Cook
Cooper
Costa
Costello (PA)
Cramer
Crawford
Crenshaw
Culberson
Curbelo (FL)
Davis, Rodney
Denham
Dent
DeSantis
DesJarlais
Diaz-Balart
Dold
Donovan
Duffy
Duncan (SC)
Duncan (TN)
Ellmers (NC)
Emmer (MN)
Farenthold
Fincher
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Franks (AZ)
Frelinghuysen
Garrett
Gibbs
Gibson
Gohmert
Goodlatte
Gosar
Gowdy
Graham
Granger
Graves (GA)
Graves (LA)
Graves (MO)
Griffith
Grothman
Guinta
Guthrie
Hanna
Hardy
Harper
Harris
Hartzler
Heck (NV)
Hensarling
Herrera Beutler
Hice, Jody B.
Hill
Himes
Hinojosa
Holding
Hudson
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurd (TX)
Hurt (VA)
Issa
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, Sam
Jolly
Jordan
Joyce
Katko
Kelly (MS)
Kelly (PA)
King (IA)
King (NY)
Kinzinger (IL)
Kline
Knight
Labrador
LaHood
LaMalfa
Lamborn
Lance
Latta
Lipinski
Long
Loudermilk
Love
Lucas
Luetkemeyer
Lujan Grisham (NM)
Lummis
MacArthur
Marchant
Marino
Massie
McCarthy
McCaul
McClintock
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meadows
Messer
Mica
Miller (FL)
Miller (MI)
Moolenaar
Mooney (WV)
Mullin
Mulvaney
Murphy (PA)
Neugebauer
Newhouse
Noem
Nugent
Nunes
O'Rourke
Olson
Palazzo
Palmer
Paulsen
Pearce
Perlmutter
Perry
Peterson
Pittenger
Pitts
Poe (TX)
Poliquin
Pompeo
Posey
Price, Tom
Ratcliffe
Reed
Reichert
Renacci
Ribble
Richmond
Rigell
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rohrabacher
Rokita
Rooney (FL)
Ros-Lehtinen
Roskam
Ross
Rothfus
Rouzer
Royce
Russell
Ryan (OH)
Salmon
Scalise
Schrader
Schweikert
Scott, Austin
Sensenbrenner
Sessions
Shimkus
Shuster
Simpson
Sinema
Sires
Smith (MO)
Smith (NE)
Smith (TX)
Stefanik
Stewart
Stivers
Stutzman
Thompson (PA)
Thornberry
Tiberi
Tipton
Trott
Turner
Upton
Valadao
Vela
Wagner
Walberg
Walden
Walker
Walorski
Walters, Mimi
Weber (TX)
Wenstrup
Westerman
Westmoreland
Whitfield
Wilson (SC)
Wittman
Womack
Woodall
Yoder
Yoho
Young (AK)
Young (IA)
Young (IN)
Zeldin
Zinke

NOES--168

Adams
Bass
Beatty
Becerra
Bera
Beyer
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brown (FL)
Brownley (CA)
Bustos
Butterfield
Capps
Capuano
Carney
Carson (IN)
Cartwright
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Conyers
Courtney
Crowley
Cummings
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
DeLauro
DelBene
DeSaulnier
Deutch
Dingell
Doggett
Doyle, Michael F.
Duckworth
Edwards
Ellison
Engel
Eshoo
Esty
Farr
Fattah
Fitzpatrick
Foster
Frankel (FL)
Fudge
Gabbard
Gallego
Garamendi
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hahn
Hastings
Heck (WA)
Higgins
Honda
Hoyer
Huffman
Israel
Jackson Lee
Jeffries
Johnson (GA)
Johnson, E. B.
Jones
Kaptur
Keating
Kelly (IL)
Kennedy
Kildee
Kilmer
Kind
Kirkpatrick
Kuster
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lee
Levin
Lewis
Lieu, Ted
LoBiondo
Loebsack
Lofgren
Lowenthal
Lowey
Lujan, Ben Ray (NM)
Lynch
Maloney, Carolyn
Maloney, Sean
Matsui
McCollum
McDermott
McGovern
Meehan
Meng
Moore
Moulton
Murphy (FL)
Nadler
Napolitano
Neal
Nolan
Norcross
Pallone
Pascrell
Pelosi
Peters
Pingree
Pocan
Polis
Price (NC)
Quigley
Rangel
Rice (NY)
Rice (SC)
Roybal-Allard
Ruiz
Rush
Sanchez, Linda T.
Sanford
Sarbanes
Schakowsky
Schiff
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Sherman
Slaughter
Smith (NJ)
Smith (WA)
Speier
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tonko
Torres
Tsongas
Van Hollen
Vargas
Veasey
Velazquez
Visclosky
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Welch
Wilson (FL)
Yarmuth

NOT VOTING--10

Aguilar
Cole
Cuellar
Meeks
Payne
Ruppersberger
Sanchez, Loretta
Takai
Webster (FL)
Williams

Announcement by the Acting Chair

The Acting CHAIR (during the vote). There is 1 minute remaining.

{time} 1910

So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. UPTON. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Black) having assumed the chair, Mr. Fleischmann, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 8) to
modernize energy infrastructure, build a 21st century energy and
manufacturing workforce, bolster America's energy security and
diplomacy, and promote energy efficiency and government accountability,
and for other purposes, had come to no resolution thereon.

____________________