[Congressional Record Volume 162, Number 15 (Tuesday, January 26, 2016)]
[Senate]
[Pages S169-S212]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2953. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Policy Modernization Act of 2016''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--EFFICIENCY
Subtitle A--Buildings
Sec. 1001. Greater energy efficiency in building codes.
Sec. 1002. Budget-neutral demonstration program for energy and water
conservation improvements at multifamily residential
units.
Sec. 1003. Coordination of energy retrofitting assistance for schools.
Sec. 1004. Energy efficiency retrofit pilot program.
Sec. 1005. Utility energy service contracts.
Sec. 1006. Use of energy and water efficiency measures in Federal
buildings.
Sec. 1007. Building training and assessment centers.
Sec. 1008. Career skills training.
Sec. 1009. Energy-efficient and energy-saving information technologies.
Sec. 1010. Availability of funds for design updates.
Sec. 1011. Energy efficient data centers.
Sec. 1012. Weatherization Assistance Program.
Sec. 1013. Reauthorization of State energy program.
Sec. 1014. Smart building acceleration.
Sec. 1015. Repeal of fossil phase-out.
Sec. 1016. Federal building energy efficiency performance standards.
Sec. 1017. Codification of Executive Order.
Sec. 1018. Certification for green buildings.
Sec. 1019. High performance green federal buildings.
Sec. 1020. Evaluation of potentially duplicative green building
programs within Department of Energy.
Sec. 1021. Study and report on energy savings benefits of operational
efficiency programs and services.
Subtitle B--Appliances
Sec. 1101. Extended product system rebate program.
Sec. 1102. Energy efficient transformer rebate program.
Sec. 1103. Standards for certain furnaces.
Sec. 1104. Third-party certification under Energy Star program.
Sec. 1105. Energy conservation standards for commercial refrigeration
equipment.
Sec. 1106. Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.
Subtitle C--Manufacturing
Sec. 1201. Manufacturing energy efficiency.
Sec. 1202. Leveraging existing Federal agency programs to assist small
and medium manufacturers.
Sec. 1203. Leveraging smart manufacturing infrastructure at National
Laboratories.
Subtitle D--Vehicles
Sec. 1301. Short title.
Sec. 1302. Objectives.
Sec. 1303. Coordination and nonduplication.
Sec. 1304. Authorization of appropriations.
Sec. 1305. Reporting.
PART I--Vehicle Research and Development
Sec. 1306. Program.
Sec. 1307. Manufacturing.
PART II--Medium- and Heavy-Duty Commercial and Transit Vehicles
Sec. 1308. Program.
Sec. 1309. Class 8 truck and trailer systems demonstration.
Sec. 1310. Technology testing and metrics.
Sec. 1311. Nonroad systems pilot program.
PART III--Administration
Sec. 1312. Repeal of existing authorities.
Subtitle E--Short Title
Sec. 1401. Short title.
TITLE II--INFRASTRUCTURE
Subtitle A--Cybersecurity
Sec. 2001. Cybersecurity threats.
Sec. 2002. Enhanced grid security.
Subtitle B--Strategic Petroleum Reserve
Sec. 2101. Strategic Petroleum Reserve modernization.
Subtitle C--Trade
Sec. 2201. Action on applications to export liquefied natural gas.
Sec. 2202. Public disclosure of liquefied natural gas export
destinations.
Sec. 2203. Energy data collaboration.
Subtitle D--Electricity and Energy Storage
Sec. 2301. Grid storage program.
Sec. 2302. Electric system grid architecture, scenario development, and
modeling.
Sec. 2303. Technology demonstration on the distribution system.
Sec. 2304. Hybrid micro-grid systems for isolated and resilient
communities.
Sec. 2305. Voluntary model pathways.
Sec. 2306. Performance metrics for electricity infrastructure
providers.
Sec. 2307. State and regional electricity distribution planning.
Sec. 2308. Authorization of appropriations.
Sec. 2309. Electric transmission infrastructure permitting.
Sec. 2310. Report by transmission organizations on distributed energy
resources and micro-grid systems.
Sec. 2311. Net metering study guidance.
Subtitle E--Computing
Sec. 2401. Exascale computer research program.
TITLE III--SUPPLY
Subtitle A--Renewables
PART I--Hydroelectric
Sec. 3001. Hydropower regulatory improvements.
Sec. 3002. Hydroelectric production incentives and efficiency
improvements.
Sec. 3003. Extension of time for a Federal Energy Regulatory Commission
project involving Clark Canyon Dam.
Sec. 3004. Extension of time for a Federal Energy Regulatory Commission
project involving Gibson Dam.
PART II--Geothermal
subpart a--geothermal energy
Sec. 3005. National goals for production and site identification.
Sec. 3006. Priority areas for development on Federal land.
Sec. 3007. Facilitation of coproduction of geothermal energy on oil and
gas leases.
Sec. 3008. Noncompetitive leasing of adjoining areas for development of
geothermal resources.
Sec. 3009. Large-scale geothermal energy.
Sec. 3010. Report to Congress.
Sec. 3011. Authorization of appropriations.
subpart b--geothermal exploration
Sec. 3012. Geothermal exploration test projects.
PART III--Marine Hydrokinetic
Sec. 3013. Definition of marine and hydrokinetic renewable energy.
Sec. 3014. Marine and hydrokinetic renewable energy research and
development.
Sec. 3015. National Marine Renewable Energy Research, Development, and
Demonstration Centers.
Sec. 3016. Authorization of appropriations.
PART IV--Biomass
Sec. 3017. Bio-power.
Subtitle B--Oil and Gas
Sec. 3101. Amendments to the Methane Hydrate Research and Development
Act of 2000.
[[Page S170]]
Sec. 3102. Liquefied natural gas study.
Sec. 3103. FERC process coordination with respect to regulatory
approval of gas projects.
Sec. 3104. Pilot program.
Subtitle C--Helium
Sec. 3201. Rights to helium.
Subtitle D--Critical Minerals
Sec. 3301. Definitions.
Sec. 3302. Policy.
Sec. 3303. Critical mineral designations.
Sec. 3304. Resource assessment.
Sec. 3305. Permitting.
Sec. 3306. Federal Register process.
Sec. 3307. Recycling, efficiency, and alternatives.
Sec. 3308. Analysis and forecasting.
Sec. 3309. Education and workforce.
Sec. 3310. National geological and geophysical data preservation
program.
Sec. 3311. Administration.
Sec. 3312. Authorization of appropriations.
Subtitle E--Coal
Sec. 3401. Fossil energy.
Sec. 3402. Establishment of coal technology program.
Subtitle F--Nuclear
Sec. 3501. Report on fusion and fission reactor prototypes.
Sec. 3502. Next generation nuclear plant project.
Subtitle G--Workforce Development
Sec. 3601. 21st Century Energy Workforce Advisory Board.
Sec. 3602. Energy workforce pilot grant program.
Subtitle H--Recycling
Sec. 3701. Recycled carbon fiber.
Sec. 3702. Energy generation and regulatory relief study regarding
recovery and conversion of nonrecycled mixed plastics.
Sec. 3703. Eligible projects.
TITLE IV--ACCOUNTABILITY
Subtitle A--Loan Programs
Sec. 4001. Terms and conditions for incentives for innovative
technologies.
Sec. 4002. State loan eligibility.
Sec. 4003. GAO Study on fossil loan guarantee incentive program.
Sec. 4004. Program eligibility for vessels.
Sec. 4005. Additional reforms.
Sec. 4006. Department of Energy Indian energy education planning and
management assistance program.
Subtitle B--Energy-Water Nexus
Sec. 4101. Nexus of energy and water for sustainability.
Sec. 4102. Smart energy and water efficiency pilot program.
Subtitle C--Innovation
Sec. 4201. America COMPETES programs.
Sec. 4202. Inclusion of early stage technology demonstration in
authorized technology transfer activities.
Sec. 4203. Supporting access of small business concerns to National
Laboratories.
Sec. 4204. Microlab technology commercialization.
Subtitle D--Grid Reliability
Sec. 4301. Bulk-power system reliability impact statement.
Sec. 4302. Report by transmission organizations on diversity of supply.
Subtitle E--Management
Sec. 4401. Federal land management.
Sec. 4402. Quadrennial Energy Review.
Sec. 4403. State oversight of oil and gas programs.
Sec. 4404. Under Secretary for Science and Energy.
Subtitle F--Markets
Sec. 4501. Enhanced information on critical energy supplies.
Sec. 4502. Working Group on Energy Markets.
Sec. 4503. Study of regulatory framework for energy markets.
Subtitle G--Affordability
Sec. 4601. E-prize competition pilot program.
Subtitle H--Code Maintenance
Sec. 4701. Repeal of off-highway motor vehicles study.
Sec. 4702. Repeal of methanol study.
Sec. 4703. Repeal of authorization of appropriations provision.
Sec. 4704. Repeal of residential energy efficiency standards study.
Sec. 4705. Repeal of weatherization study.
Sec. 4706. Repeal of report to Congress.
Sec. 4707. Repeal of report by General Services Administration.
Sec. 4708. Repeal of intergovernmental energy management planning and
coordination workshops.
Sec. 4709. Repeal of Inspector General audit survey and President's
Council on Integrity and Efficiency report to Congress.
Sec. 4710. Repeal of procurement and identification of energy efficient
products program.
Sec. 4711. Repeal of national action plan for demand response.
Sec. 4712. Repeal of national coal policy study.
Sec. 4713. Repeal of study on compliance problem of small electric
utility systems.
Sec. 4714. Repeal of study of socioeconomic impacts of increased coal
production and other energy development.
Sec. 4715. Repeal of study of the use of petroleum and natural gas in
combustors.
Sec. 4716. Repeal of submission of reports.
Sec. 4717. Repeal of electric utility conservation plan.
Sec. 4718. Emergency Energy Conservation repeals.
Sec. 4719. Energy Security Act repeals.
Sec. 4720. Nuclear Safety Research, Development, and Demonstration Act
of 1980 repeals.
Sec. 4721. Elimination and consolidation of certain America COMPETES
programs.
Sec. 4722. Repeal of state utility regulatory assistance.
Sec. 4723. Repeal of survey of energy saving potential.
Sec. 4724. Repeal of photovoltaic energy program.
Sec. 4725. Repeal of energy auditor training and certification.
Sec. 4726. Repeal of authorization of appropriations.
Sec. 4727. Repeal of Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989.
Sec. 4728. Repeal of hydrogen research, development, and demonstration
program.
Sec. 4729. Repeal of study on alternative fuel use in nonroad vehicles
and engines.
Sec. 4730. Repeal of low interest loan program for small business fleet
purchases.
Sec. 4731. Repeal of technical and policy analysis for replacement fuel
demand and supply information.
Sec. 4732. Repeal of 1992 Report on Climate Change.
Sec. 4733. Repeal of Director of Climate Protector establishment.
Sec. 4734. Repeal of 1994 report on global climate change emissions.
Sec. 4735. Repeal of telecommuting study.
Sec. 4736. Repeal of advanced buildings for 2005 program.
Sec. 4737. Repeal of Energy Research, Development, Demonstration, and
Commercial Application Advisory Board.
Sec. 4738. Repeal of study on use of energy futures for fuel purchase.
Sec. 4739. Repeal of energy subsidy study.
TITLE V--CONSERVATION REAUTHORIZATION
Sec. 5001. National Park Service Maintenance and Revitalization
Conservation Fund.
Sec. 5002. Land and Water Conservation Fund.
Sec. 5003. Historic Preservation Fund.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--EFFICIENCY
Subtitle A--Buildings
SEC. 1001. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is 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
and standards developed and updated through a consensus
process among interested persons, such as the IECC or the
code used by--
``(A) the Council of American Building Officials, or its
legal successor, International Code Council, Inc.;
``(B) the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers; or
``(C) other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) 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).''.
(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--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the model building energy
codes, or achieve equivalent or greater energy savings; and
``(2) support full compliance with the State 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 2 years after the date on
which a model building energy code is updated, 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.
[[Page S171]]
``(B) Demonstration.--The certification shall include a
demonstration 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 updated 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 2 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); and
``(B) if the determination is positive, validate the
certification.
``(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 and Indian
tribe, respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State and 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 and
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, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent 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; and
``(B) if the determination is positive, validate the
certification.
``(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--
``(A) the status of the State or Indian tribe with respect
to meeting the requirements and submitting the certification;
and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (b) or (c), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and
compliance activities.
``(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) the 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 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.--
The Secretary shall provide technical assistance to States
and Indian tribes to implement the goals and requirements of
this section, including procedures and technical analysis for
States and Indian tribes--
``(1) to improve and implement State residential and
commercial building energy codes;
``(2) to demonstrate that the code provisions of the States
and Indian tribes achieve equivalent or greater energy
savings than the model building energy codes and targets;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy efficient buildings.
``(f) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this section;
``(B) to improve and implement residential and commercial
building energy codes, including increasing and verifying
compliance with the codes and training of State, local, and
tribal building code officials to implement and enforce the
codes; and
``(C) to promote building energy efficiency through the use
of the codes.
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan
to achieve and document full compliance with residential and
commercial building energy codes under subsection (c)--
``(A) to a State or Indian tribe for which the Secretary
has validated a certification under subsection (b) or (c);
and
``(B) in a State or Indian tribe that is not eligible under
subparagraph (A), to a local government that is eligible
under this section.
``(3) Training.--Of the amounts made available under this
subsection, the State or Indian tribe may use amounts
required, but not to exceed $750,000 for a State, to train
State and local building code officials to implement and
enforce codes described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(g) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes
and advanced standards for residential and commercial
buildings for use as--
``(A) an option for adoption as a building energy code by
State, local, or tribal governments; and
``(B) guidelines for energy-efficient building design.
``(2) Targets.--The stretch codes and advanced standards
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,
at least 3 to 6 years in advance of the target years.
``(h) Studies.--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--
``(1) 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;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations; and
``(3) legislative options for increasing energy savings
from building energy codes, including additional incentives
for effective State and local action, and verification of
compliance with and enforcement of a code other than by a
State or local government.
``(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.).
[[Page S172]]
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and section 307
$200,000,000, to remain available until expended.''.
(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'' each place it appears in subsections (a)(2)(B) and (b)
and inserting ``model building energy code''.
(d) Model Building Energy Codes.--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 support the updating
of model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall support the updating
of the model building energy codes to enable the achievement
of aggregate energy savings targets established under
paragraph (2).
``(2) Targets.--
``(A) In general.--The Secretary shall work with States,
local governments, and Indian tribes, nationally recognized
code and standards developers, and other interested parties
to support the updating of model building energy codes by
establishing one or more aggregate energy savings targets to
achieve the purposes of this section.
``(B) Separate targets.--The Secretary may establish
separate targets 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
and coordinated with nationally recognized code and standards
developers at a level that--
``(I) is at the maximum level of energy efficiency that is
technologically feasible and life-cycle cost effective, while
accounting for the economic considerations under paragraph
(4);
``(II) is higher than the preceding target; and
``(III) 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.
``(iv) 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).
``(3) Appliance standards and other factors affecting
building energy use.--In establishing building code 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;
``(D) building management systems and SmartGrid
technologies to reduce energy use; and
``(E) other technologies, practices, and building systems
that the Secretary considers appropriate regarding building
plug load and other energy uses.
``(4) Economic considerations.--In establishing and
revising building code 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, including a return on investment analysis.
``(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) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or revisions;
``(B) building energy analysis and design tools;
``(C) building demonstrations;
``(D) 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;
``(E) performance-based standards;
``(F) evaluating economic considerations under subsection
(b)(4); and
``(G) developing model building energy codes by Indian
tribes in accordance with tribal law.
``(3) Amendment proposals.--The Secretary may submit timely
model building energy code amendment proposals 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).
``(4) 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.
``(d) 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 will--
``(A) improve energy efficiency in buildings compared to
the existing model building energy code; and
``(B) meet the applicable targets under subsection (b)(2).
``(2) Codes or standards not meeting targets.--
``(A) In general.--If the Secretary makes a preliminary
determination under paragraph (1)(B) that a code or standard
does not meet the targets established under subsection
(b)(2), the Secretary may at the same time provide the model
building energy code or standard developer with proposed
changes that would result in a model building energy code
that meets the targets and with supporting evidence, taking
into consideration--
``(i) whether the modified code is technically feasible and
life-cycle cost effective;
``(ii) available appliances, technologies, materials, and
construction practices; and
``(iii) the economic considerations under subsection
(b)(4).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the proposed changes, the
model building energy code or standard developer shall have
an additional 270 days to accept or reject the proposed
changes of the Secretary to the model building energy code or
standard for the Secretary to make a final determination.
``(ii) Final determination.--A final determination under
paragraph (1) shall be on the modified model building energy
code or standard.
``(e) Administration.--In carrying out this section, the
Secretary shall--
``(1) publish notice of targets 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; and
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.
``(f) Voluntary Codes and Standards.--Notwithstanding any
other provision of this section, any model building code or
standard established under section 304 shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.''.
SEC. 1002. BUDGET-NEUTRAL DEMONSTRATION PROGRAM FOR ENERGY
AND WATER CONSERVATION IMPROVEMENTS AT
MULTIFAMILY RESIDENTIAL UNITS.
(a) Establishment.--The Secretary of Housing and Urban
Development (referred to in this section as the
``Secretary'') shall establish a demonstration program under
which, during the period beginning on the date of enactment
of this Act, and ending on September 30, 2018, the Secretary
may enter into budget-neutral, performance-based agreements
that result in a reduction in energy or water costs with such
entities as the Secretary determines to be appropriate under
which the entities shall carry out projects for energy or
water conservation improvements at not more than 20,000
residential units in multifamily buildings participating in--
(1) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
(2) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive housing for persons with disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an entity a
payment under an agreement under this section only during
applicable years for which an energy or water cost savings is
achieved with respect to the applicable multifamily portfolio
of properties, as determined by the Secretary, in accordance
with subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this section shall
include a pay-for-success provision--
(I) that will serve as a payment threshold for the term of
the agreement; and
(II) pursuant to which the Department of Housing and Urban
Development shall share
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a percentage of the savings at a level determined by the
Secretary that is sufficient to cover the administrative
costs of carrying out this section.
(ii) Limitations.--A payment made by the Secretary under an
agreement under this section shall--
(I) be contingent on documented utility savings; and
(II) not exceed the utility savings achieved by the date of
the payment, and not previously paid, as a result of the
improvements made under the agreement.
(C) Third party verification.--Savings payments made by the
Secretary under this section shall be based on a measurement
and verification protocol that includes at least--
(i) establishment of a weather-normalized and occupancy-
normalized utility consumption baseline established
preretrofit;
(ii) annual third party confirmation of actual utility
consumption and cost for owner-paid utilities;
(iii) annual third party validation of the tenant utility
allowances in effect during the applicable year and vacancy
rates for each unit type; and
(iv) annual third party determination of savings to the
Secretary.
(2) Term.--The term of an agreement under this section
shall be not longer than 12 years.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering into
agreements under this section; and
(B) enter into such agreements only with entities that
demonstrate significant experience relating to--
(i) financing and operating properties receiving assistance
under a program described in subsection (a);
(ii) oversight of energy and water conservation programs,
including oversight of contractors; and
(iii) raising capital for energy and water conservation
improvements from charitable organizations or private
investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of
properties with the greatest feasible regional and State
variance.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Energy and Natural Resources
of the Senate, and the Committee on Energy and Commerce of
the House of Representatives a detailed plan for the
implementation of this section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to Congress a report describing each evaluation
conducted under subparagraph (A).
(d) Funding.--For each fiscal year during which an
agreement under this section is in effect, the Secretary may
use to carry out this section any funds appropriated to the
Secretary for the renewal of contracts under a program
described in subsection (a).
SEC. 1003. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR
SCHOOLS.
(a) Definition of School.--In this section, the term
``school'' means--
(1) 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));
(2) an institution of higher education (as defined in
section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a));
(3) 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;
(4) a school operated by the Bureau of Indian Affairs;
(5) a tribally controlled school (as defined in section
5212 of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2511)); and
(6) a Tribal College or University (as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))).
(b) Designation of Lead Agency.--The Secretary, acting
through the Office of Energy Efficiency and Renewable Energy,
shall act as the lead Federal agency for coordinating and
disseminating information on existing Federal programs and
assistance that may be used to help initiate, develop, and
finance energy efficiency, renewable energy, and energy
retrofitting projects for schools.
(c) Requirements.--In carrying out coordination and
outreach under subsection (b), the Secretary shall--
(1) in consultation and coordination with the appropriate
Federal agencies, carry out a review of existing programs and
financing mechanisms (including revolving loan funds and loan
guarantees) available in or from the Department of
Agriculture, the Department of Energy, the Department of
Education, the Department of the Treasury, the Internal
Revenue Service, the Environmental Protection Agency, and
other appropriate Federal agencies with jurisdiction over
energy financing and facilitation that are currently used or
may be used to help initiate, develop, and finance energy
efficiency, renewable energy, and energy retrofitting
projects for schools;
(2) establish a Federal cross-departmental collaborative
coordination, education, and outreach effort to streamline
communication and promote available Federal opportunities and
assistance described in paragraph (1) for energy efficiency,
renewable energy, and energy retrofitting projects that
enables States, local educational agencies, and schools--
(A) to use existing Federal opportunities more effectively;
and
(B) to form partnerships with Governors, State energy
programs, local educational, financial, and energy officials,
State and local government officials, nonprofit
organizations, and other appropriate entities to support the
initiation of the projects;
(3) provide technical assistance for States, local
educational agencies, and schools to help develop and finance
energy efficiency, renewable energy, and energy retrofitting
projects--
(A) to increase the energy efficiency of buildings or
facilities;
(B) to install systems that individually generate energy
from renewable energy resources;
(C) to establish partnerships to leverage economies of
scale and additional financing mechanisms available to larger
clean energy initiatives; or
(D) to promote--
(i) the maintenance of health, environmental quality, and
safety in schools, including the ambient air quality, through
energy efficiency, renewable energy, and energy retrofit
projects; and
(ii) the achievement of expected energy savings and
renewable energy production through proper operations and
maintenance practices;
(4) develop and maintain a single online resource website
with contact information for relevant technical assistance
and support staff in the Office of Energy Efficiency and
Renewable Energy for States, local educational agencies, and
schools to effectively access and use Federal opportunities
and assistance described in paragraph (1) to develop energy
efficiency, renewable energy, and energy retrofitting
projects; and
(5) establish a process for recognition of schools that--
(A) have successfully implemented energy efficiency,
renewable energy, and energy retrofitting projects; and
(B) are willing to serve as resources for other local
educational agencies and schools to assist initiation of
similar efforts.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the implementation of this section.
SEC. 1004. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a nonprofit
organization that applies for a grant under this section.
(2) Energy-efficiency improvement.--
(A) In general.--The term ``energy-efficiency improvement''
means an installed measure (including a product, equipment,
system, service, or practice) that results in a reduction in
use by a nonprofit organization for energy or fuel supplied
from outside the nonprofit building.
(B) Inclusions.--The term ``energy-efficiency improvement''
includes an installed measure described in subparagraph (A)
involving--
(i) repairing, replacing, or installing--
(I) a roof or lighting system, or component of a roof or
lighting system;
(II) a window;
(III) a door, including a security door; or
(IV) a heating, ventilation, or air conditioning system or
component of the system (including insulation and wiring and
plumbing improvements needed to serve a more efficient
system);
(ii) a renewable energy generation or heating system,
including a solar, photovoltaic, wind, geothermal, or biomass
(including wood pellet) system or component of the system;
and
(iii) any other measure taken to modernize, renovate, or
repair a nonprofit building to make the nonprofit building
more energy efficient.
(3) Nonprofit building.--
(A) In general.--The term ``nonprofit building'' means a
building operated and owned by a nonprofit organization.
(B) Inclusions.--The term ``nonprofit building'' includes a
building described in subparagraph (A) that is--
(i) a hospital;
(ii) a youth center;
(iii) a school;
(iv) a social-welfare program facility;
(v) a faith-based organization; and
(vi) any other nonresidential and noncommercial structure.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot
program to award grants for the purpose of retrofitting
nonprofit buildings with energy-efficiency improvements.
(c) Grants.--
(1) In general.--The Secretary may award grants under the
program established under subsection (b).
(2) Application.--The Secretary may award a grant under
this section if an applicant submits to the Secretary an
application at such time, in such form, and containing such
information as the Secretary may prescribe.
(3) Criteria for grant.--In determining whether to award a
grant under this section,
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the Secretary shall apply performance-based criteria, which
shall give priority to applications based on--
(A) the energy savings achieved;
(B) the cost-effectiveness of the energy-efficiency
improvement;
(C) an effective plan for evaluation, measurement, and
verification of energy savings;
(D) the financial need of the applicant; and
(E) the percentage of the matching contribution by the
applicant.
(4) Limitation on individual grant amount.--Each grant
awarded under this section shall not exceed--
(A) an amount equal to 50 percent of the energy-efficiency
improvement; and
(B) $200,000.
(5) Cost sharing.--
(A) In general.--A grant awarded under this section shall
be subject to a minimum non-Federal cost-sharing requirement
of 50 percent.
(B) In-kind contributions.--The non-Federal share may be
provided in the form of in-kind contributions of materials or
services.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2016 through 2020, to remain available
until expended.
SEC. 1005. UTILITY ENERGY SERVICE CONTRACTS.
Section 546 of the National Energy Conservation Policy Act
(42 U.S.C. 8256) is amended by adding at the end the
following:
``(f) Utility Energy Service Contracts.--
``(1) In general.--Each Federal agency may use, to the
maximum extent practicable, measures provided by law to meet
energy efficiency and conservation mandates and laws,
including through utility energy service contracts.
``(2) Contract period.--The term of a utility energy
service contract entered into by a Federal agency may have a
contract period that extends beyond 10 years, but not to
exceed 25 years.
``(3) Requirements.--The conditions of a utility energy
service contract entered into by a Federal agency shall
include requirements for measurement, verification, and
performance assurances or guarantees of the savings.''.
SEC. 1006. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.
(a) Energy Management Requirements.--Section 543(f)(4) of
the National Energy Conservation Policy Act (42 U.S.C.
8253(f)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) by striking ``Not later than'' and inserting the
following:
``(A) In general.--Not later than''; and
(3) by adding at the end the following:
``(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.''.
(b) 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:
``(5)(A) the status of the energy savings performance
contracts and utility energy service contracts of each
agency;
``(B) the investment value of the contracts;
``(C) the guaranteed energy savings for the previous year
as compared to the actual energy savings for the previous
year;
``(D) the plan for entering into the contracts in the
coming year; and
``(E) information explaining why any previously submitted
plans for the contracts were not implemented.''.
(c) Definition of Energy Conservation Measures.--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''.
(d) 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:
``(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 combination of energy
conservation measures and water conservation measures.''.
(e) Miscellaneous Authority.--Section 801(a)(2) of the
National Energy Conservation Policy Act (42 U.S.C.
8287(a)(2)) 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 the sale or transfer
to fund a contract under this title.''.
(f) 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''.
(g) Definition of Federal Building.--Section 551(6) of the
National Energy Conservation Policy Act (42 U.S.C. 8259(6))
is amended by striking the semicolon at the end and inserting
``the term does not include a dam, reservoir, or hydropower
facility owned or operated by a Federal agency;''.
(h) Definition of Energy Savings.--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)'' 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:
``(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.''.
SEC. 1007. BUILDING TRAINING AND ASSESSMENT CENTERS.
(a) In General.--The Secretary shall provide grants to
institutions of higher education (as defined in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001)) and
Tribal Colleges or Universities (as defined in section 316(b)
of that Act (20 U.S.C. 1059c(b))) to establish building
training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and
operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to
supply heat and power for buildings, particularly energy-
intensive buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal
Colleges or Universities, and local offices of the National
Institute of Food and Agriculture and ensure appropriate
services are provided under this section to each region of
the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the industrial research and assessment centers program
and with other Federal programs to avoid duplication of
effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with Industrial Assessment
Centers.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 1008. CAREER SKILLS TRAINING.
(a) In General.--The Secretary shall pay grants to eligible
entities described in subsection (b) to pay the Federal share
of associated career skills training programs under which
students concurrently receive classroom instruction and on-
the-job training for the purpose of obtaining an industry-
related certification to install energy efficient buildings
technologies, including technologies described in section
307(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6836(b)(3)).
(b) Eligibility.--To be eligible to obtain a grant under
subsection (a), an entity shall be a nonprofit partnership
described in section 171(e)(2)(B)(ii) of the Workforce
Investment Act of 1998 (29 U.S.C. 2916(e)(2)(B)(ii)).
(c) Federal Share.--The Federal share of the cost of
carrying out a career skills training program described in
subsection (a) shall be 50 percent.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000, to
remain available until expended.
SEC. 1009. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended by adding at the end the
following:
``(h) Federal Implementation Strategy for Energy-Efficient
and Energy-Saving Information Technologies.--
``(1) Definitions.--In this subsection:
``(A) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(B) Information technology.--The term `information
technology' has the meaning given the term in section 11101
of title 40, United States Code.
``(2) Development of implementation strategy.--Not later
than 1 year after the date of enactment of this subsection,
each Federal agency shall collaborate with the Director to
develop an implementation strategy (including best-practices
and measurement and verification techniques) for the
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maintenance, purchase, and use by the Federal agency of
energy-efficient and energy-saving information technologies.
``(3) Administration.--In developing an implementation
strategy, each Federal agency shall consider--
``(A) advanced metering infrastructure;
``(B) energy efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(C) advanced power management tools;
``(D) building information modeling, including building
energy management; and
``(E) secure telework and travel substitution tools.
``(4) Performance goals.--
``(A) In general.--Not later than September 30, 2015, 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
systems.
``(B) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall supplement the performance goals
established under this paragraph with recommendations on best
practices for the attainment of the performance goals, to
include a requirement for agencies to consider the use of--
``(i) energy savings performance contracting; and
``(ii) utility energy services contracting.
``(5) Reports.--
``(A) Agency reports.--Each Federal agency subject to the
requirements of this subsection shall include in the report
of the agency under section 527 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17143) a description of
the efforts and results of the agency under this subsection.
``(B) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2015, the
Director shall include in the annual report and scorecard of
the Director required under section 528 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17144) a
description of the efforts and results of Federal agencies
under this subsection.
``(C) Use of existing reporting structures.--The Director
may require Federal agencies to submit any information
required to be submitted under this subsection though
reporting structures in use as of the date of enactment of
the Energy Policy Modernization Act of 2016.''.
SEC. 1010. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.
Section 3307 of title 40, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Availability of Funds for Design Updates.--
``(1) In general.--Subject to paragraph (2), for any
project for which congressional approval is received under
subsection (a) and for which the design has been
substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds
to update the project design to meet applicable Federal
building energy efficiency standards established under
section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section
3312.
``(2) Limitation.--The use of funds under paragraph (1)
shall not exceed 125 percent of the estimated energy or other
cost savings associated with the updates as determined by a
life cycle cost analysis under section 544 of the National
Energy Conservation Policy Act (42 U.S.C. 8254).''.
SEC. 1011. 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)--
(A) in paragraph (2)(D)(iv), by striking ``the
organization'' and inserting ``an organization''; and
(B) by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in consultation with the
information technology industry and other key stakeholders,
with the goal of producing results that accurately reflect
the best knowledge in the most pertinent domains.
``(2) Considerations.--In carrying out consultation
described in paragraph (1), the Secretary and the
Administrator shall pay particular attention to organizations
that--
``(A) have members with expertise in energy efficiency and
in the development, operation, and functionality of data
centers, information technology equipment, and software,
including representatives of hardware manufacturers, data
center operators, and facility managers;
``(B) obtain and address input from the National
Laboratories (as that term is defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
institution of higher education, research institution,
industry association, company, or public interest group with
applicable expertise;
``(C) follow--
``(i) commonly accepted procedures for the development of
specifications; and
``(ii) accredited standards development processes; or
``(D) 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, 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 consultation with the
Administrator, not later than 18 months after the date of
enactment of the Energy Policy Modernization Act of 2016,
shall make available to the public an update to the report
submitted to Congress pursuant to section 1 of the Act of
December 20, 2006 (Public Law 109-431; 120 Stat. 2920),
entitled `Report to Congress on Server and Data Center Energy
Efficiency' and dated August 2, 2007, 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 2007 through 2014;
``(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.--
``(1) In general.--The Secretary, in consultation with key
stakeholders and the Director of the Office of Management and
Budget, shall maintain a data center energy practitioner
program that provides for the certification of energy
practitioners qualified to evaluate the energy usage and
efficiency opportunities in Federal data centers.
``(2) Evaluations.--Each Federal agency shall consider
having the data centers of the agency evaluated once every 4
years by energy practitioners certified pursuant to the
program, whenever practicable using certified practitioners
employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in consultation with key
stakeholders and the Director of the Office of Management and
Budget, shall establish an open data initiative for Federal
data center energy usage data, with the purpose of making the
data available and accessible in a manner that encourages
further data center innovation, optimization, and
consolidation.
``(2) Consideration.--In establishing the initiative under
paragraph (1), the Secretary shall consider using the online
Data Center Maturity Model.
``(h) International Specifications and Metrics.--The
Secretary, in consultation 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 in 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. 1012. WEATHERIZATION ASSISTANCE PROGRAM.
(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 $350,000,000 for each of fiscal years 2016
through 2020.''.
(b) Grants for New, Self-sustaining Low-income, Single-
family and Multifamily Housing Energy Retrofit Model Programs
to Eligible Multistate Housing and Energy Nonprofit
Organizations.--The Energy Conservation and Production Act is
amended by inserting after section 414B (42 U.S.C. 6864b) the
following:
``SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME,
SINGLE-FAMILY AND MULTIFAMILY HOUSING ENERGY
RETROFIT MODEL PROGRAMS TO ELIGIBLE MULTISTATE
HOUSING AND ENERGY NONPROFIT ORGANIZATIONS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of low-income, single-family and
multifamily homes that receive energy efficiency retrofits;
``(2) to promote innovation and new models of retrofitting
low-income homes through new Federal partnerships with
covered organizations that leverage substantial donations,
donated materials, volunteer labor, homeowner labor equity,
and other private sector resources;
``(3) to assist the covered organizations in demonstrating,
evaluating, improving, and replicating widely the model low-
income energy retrofit programs of the covered organizations;
and
[[Page S176]]
``(4) to ensure that the covered organizations make the
energy retrofit programs of the covered organizations self-
sustaining by the time grant funds have been expended.
``(b) Definitions.--In this section:
``(1) Covered organization.--The term `covered
organization' means an organization that--
``(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code; and
``(B) has an established record of constructing,
renovating, repairing, or making energy efficient a total of
not less than 250 owner-occupied, single-family or
multifamily homes per year for low-income households, either
directly or through affiliates, chapters, or other direct
partners (using the most recent year for which data are
available).
``(2) Low-income.--The term `low-income' means an income
level that is not more than 200 percent of the poverty level
(as determined in accordance with criteria established by the
Director of the Office of Management and Budget) applicable
to a family of the size involved, except that the Secretary
may establish a higher or lower level if the Secretary
determines that a higher or lower level is necessary to carry
out this section.
``(3) Weatherization assistance program for low-income
persons.--The term `Weatherization Assistance Program for
Low-Income Persons' means the program established under this
part (including part 440 of title 10, Code of Federal
Regulations, or successor regulations).
``(c) Competitive Grant Program.--The Secretary shall make
grants to covered organizations through a national
competitive process for use in accordance with this section.
``(d) Award Factors.--In making grants under this section,
the Secretary shall consider--
``(1) the number of low-income homes the applicant--
``(A) has built, renovated, repaired, or made more energy
efficient as of the date of the application; and
``(B) can reasonably be projected to build, renovate,
repair, or make energy efficient during the 10-year period
beginning on the date of the application;
``(2) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(3) the number and diversity of States and climates in
which the applicant works as of the date of the application;
``(4) the amount of non-Federal funds, donated or
discounted materials, discounted or volunteer skilled labor,
volunteer unskilled labor, homeowner labor equity, and other
resources the applicant will provide;
``(5) the extent to which the applicant could successfully
replicate the energy retrofit program of the applicant and
sustain the program after the grant funds have been expended;
``(6) regional diversity;
``(7) urban, suburban, and rural localities; and
``(8) such other factors as the Secretary determines to be
appropriate.
``(e) Applications.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall request
proposals from covered organizations.
``(2) Administration.--To be eligible to receive a grant
under this section, an applicant shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Awards.--Not later than 90 days after the date of
issuance of a request for proposals, the Secretary shall
award grants under this section.
``(f) Eligible Uses of Grant Funds.--A grant under this
section may be used for--
``(1) energy efficiency audits, cost-effective retrofit,
and related activities in different climatic regions of the
United States;
``(2) energy efficiency materials and supplies;
``(3) organizational capacity--
``(A) to significantly increase the number of energy
retrofits;
``(B) to replicate an energy retrofit program in other
States; and
``(C) to ensure that the program is self-sustaining after
the Federal grant funds are expended;
``(4) energy efficiency, audit and retrofit training, and
ongoing technical assistance;
``(5) information to homeowners on proper maintenance and
energy savings behaviors;
``(6) quality control and improvement;
``(7) data collection, measurement, and verification;
``(8) program monitoring, oversight, evaluation, and
reporting;
``(9) management and administration (up to a maximum of 10
percent of the total grant);
``(10) labor and training activities; and
``(11) such other activities as the Secretary determines to
be appropriate.
``(g) Maximum Amount.--
``(1) In general.--The amount of a grant provided under
this section shall not exceed--
``(A) if the amount made available to carry out this
section for a fiscal year is $225,000,000 or more,
$5,000,000; and
``(B) if the amount made available to carry out this
section for a fiscal year is less than $225,000,000,
$1,500,000.
``(2) Technical and training assistance.--The total amount
of a grant provided under this section shall be reduced by
the cost of any technical and training assistance provided by
the Secretary that relates to the grant.
``(h) Guidelines.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue
guidelines to implement the grant program established under
this section.
``(2) Administration.--The guidelines--
``(A) shall not apply to the Weatherization Assistance
Program for Low-Income Persons, in whole or major part; but
``(B) may rely on applicable provisions of law governing
the Weatherization Assistance Program for Low-Income Persons
to establish--
``(i) standards for allowable expenditures;
``(ii) a minimum savings-to-investment ratio;
``(iii) standards--
``(I) to carry out training programs;
``(II) to conduct energy audits and program activities;
``(III) to provide technical assistance;
``(IV) to monitor program activities; and
``(V) to verify energy and cost savings;
``(iv) liability insurance requirements; and
``(v) recordkeeping requirements, which shall include
reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each home retrofitted.
``(i) Review and Evaluation.--The Secretary shall review
and evaluate the performance of any covered organization that
receives a grant under this section (which may include an
audit), as determined by the Secretary.
``(j) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
applicable requirement of this section.
``(k) Annual Reports.--The Secretary shall submit to
Congress annual reports that provide--
``(1) findings;
``(2) a description of energy and cost savings achieved and
actions taken under this section; and
``(3) any recommendations for further action.
``(l) Funding.--Of the amount of funds that are made
available to carry out the Weatherization Assistance Program
for each of fiscal years 2016 through 2020 under section 422,
the Secretary shall use to carry out this section for each of
fiscal years 2016 through 2020 not less than--
``(1) 2 percent of the amount if the amount is less than
$225,000,000;
``(2) 5 percent of the amount if the amount is $225,000,000
or more but less than $260,000,000; and
``(3) 10 percent of the amount if the amount is
$260,000,000 or more.''.
(c) Standards Program.--Section 415 of the Energy
Conservation and Production Act (42 U.S.C. 6865) is amended
by adding at the end the following:
``(f) Standards Program.--
``(1) Contractor qualification.--Effective beginning
January 1, 2016, to be eligible to carry out weatherization
using funds made available under this part, a contractor
shall be selected through a competitive bidding process and
be--
``(A) accredited by the Building Performance Institute;
``(B) an Energy Smart Home Performance Team accredited
under the Residential Energy Services Network; or
``(C) accredited by an equivalent accreditation or program
accreditation-based State certification program approved by
the Secretary.
``(2) Grants for energy retrofit model programs.--
``(A) In general.--To be eligible to receive a grant under
section 414C, a covered organization (as defined in section
414C(b)) shall use a crew chief who--
``(i) is certified or accredited in accordance with
paragraph (1); and
``(ii) supervises the work performed with grant funds.
``(B) Volunteer labor.--A volunteer who performs work for a
covered organization that receives a grant under section 414C
shall not be required to be certified under this subsection
if the volunteer is not directly installing or repairing
mechanical equipment or other items that require skilled
labor.
``(C) Training.--The Secretary shall use training and
technical assistance funds available to the Secretary to
assist covered organizations under section 414C in providing
training to obtain certification required under this
subsection, including provisional or temporary certification.
``(3) Minimum efficiency standards.--Effective beginning
October 1, 2016, the Secretary shall ensure that--
``(A) each retrofit for which weatherization assistance is
provided under this part meets minimum efficiency and quality
of work standards established by the Secretary after
weatherization of a dwelling unit;
``(B) at least 10 percent of the dwelling units are
randomly inspected by a third party accredited under this
subsection to ensure compliance with the minimum efficiency
and quality of work standards established under subparagraph
(A); and
[[Page S177]]
``(C) the standards established under this subsection meet
or exceed the industry standards for home performance work
that are in effect on the date of enactment of this
subsection, as determined by the Secretary.''.
SEC. 1013. REAUTHORIZATION OF STATE ENERGY PROGRAM.
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
``$90,000,000 for each of fiscal years 2016 through 2020, of
which not greater than 5 percent may be used to provide
competitively awarded financial assistance''.
SEC. 1014. SMART BUILDING ACCELERATION.
(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Federal Smart
Building Program established under subsection (b)(1).
(2) Smart building.--The term ``smart building'' means a
building, or collection of buildings, with an energy system
that--
(A) is flexible and automated;
(B) has extensive operational monitoring and communication
connectivity, allowing remote monitoring and analysis of all
building functions;
(C) takes a systems-based approach in integrating the
overall building operations for control of energy generation,
consumption, and storage;
(D) communicates with utilities and other third-party
commercial entities, if appropriate; and
(E) is cybersecure.
(3) Smart building accelerator.--The term ``smart building
accelerator'' means an initiative that is designed to
demonstrate specific innovative policies and approaches--
(A) with clear goals and a clear timeline; and
(B) that, on successful demonstration, would accelerate
investment in energy efficiency.
(b) Federal Smart Building Program.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
program to be known as the ``Federal Smart Building
Program''--
(A) to implement smart building technology; and
(B) to demonstrate the costs and benefits of smart
buildings.
(2) Selection.--
(A) In general.--The Secretary shall coordinate the
selection of not fewer than 1 building from among each of
several key Federal agencies, as described in paragraph (4),
to compose an appropriately diverse set of smart buildings
based on size, type, and geographic location.
(B) Inclusion of commercially operated buildings.--In
making selections under subparagraph (A), the Secretary may
include buildings that are owned by the Federal Government
but are commercially operated.
(3) Targets.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish targets
for the number of smart buildings to be commissioned and
evaluated by key Federal agencies by 3 years and 6 years
after the date of enactment of this Act.
(4) Federal agency described.--The key Federal agencies
referred to in this subsection shall include buildings
operated by--
(A) the Department of the Army;
(B) the Department of the Navy;
(C) the Department of the Air Force;
(D) the Department;
(E) the Department of the Interior;
(F) the Department of Veterans Affairs; and
(G) the General Services Administration.
(5) Requirement.--In implementing the program, the
Secretary shall leverage existing financing mechanisms
including energy savings performance contracts, utility
energy service contracts, and annual appropriations.
(6) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate
the costs and benefits of the buildings selected under
paragraph (2), including an identification of--
(A) which advanced building technologies--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy savings;
(II) increasing service performance to building occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines to be
appropriate.
(7) Awards.--The Secretary may expand awards made under the
Federal Energy Management Program and the Better Building
Challenge to recognize specific agency achievements in
accelerating the adoption of smart building technologies.
(c) Survey of Private Sector Smart Buildings.--
(1) Survey.--The Secretary shall conduct a survey of
privately owned smart buildings throughout the United States,
including commercial buildings, laboratory facilities,
hospitals, multifamily residential buildings, and buildings
owned by nonprofit organizations and institutions of higher
education.
(2) Selection.--From among the smart buildings surveyed
under paragraph (1), the Secretary shall select not fewer
than 1 building each from an appropriate range of building
sizes, types, and geographic locations.
(3) Evaluation.--Using the guidelines of the Federal Energy
Management Program relating to whole-building evaluation,
measurement, and verification, the Secretary shall evaluate
the costs and benefits of the buildings selected under
paragraph (2), including an identification of--
(A) which advanced building technologies and systems--
(i) are most cost-effective; and
(ii) show the most promise for--
(I) increasing building energy savings;
(II) increasing service performance to building occupants;
(III) reducing environmental impacts; and
(IV) establishing cybersecurity; and
(B) any other information the Secretary determines to be
appropriate.
(d) Leveraging Existing Programs.--
(1) Better building challenge.--As part of the Better
Building Challenge of the Department, the Secretary, in
consultation with major private sector property owners, shall
develop smart building accelerators to demonstrate innovative
policies and approaches that will accelerate the transition
to smart buildings in the public, institutional, and
commercial buildings sectors.
(2) Research and development.--
(A) In general.--The Secretary shall conduct research and
development to address key barriers to the integration of
advanced building technologies and to accelerate the
transition to smart buildings.
(B) Inclusion.--The research and development conducted
under subparagraph (A) shall include research and development
on--
(i) achieving whole-building, systems-level efficiency
through smart system and component integration;
(ii) improving physical components, such as sensors and
controls, to be adaptive, anticipatory, and networked;
(iii) reducing the cost of key components to accelerate the
adoption of smart building technologies;
(iv) data management, including the capture and analysis of
data and the interoperability of the energy systems;
(v) protecting against cybersecurity threats and addressing
security vulnerabilities of building systems or equipment;
(vi) business models, including how business models may
limit the adoption of smart building technologies and how to
support transactive energy;
(vii) integration and application of combined heat and
power systems and energy storage for resiliency;
(viii) characterization of buildings and components;
(ix) consumer and utility protections;
(x) continuous management, including the challenges of
managing multiple energy systems and optimizing systems for
disparate stakeholders; and
(xi) other areas of research and development, as determined
appropriate by the Secretary.
(e) Report.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter until a
total of 3 reports have been made, the Secretary 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--
(1) the establishment of the Federal Smart Building Program
and the evaluation of Federal smart buildings under
subsection (b);
(2) the survey and evaluation of private sector smart
buildings under subsection (c); and
(3) any recommendations of the Secretary to further
accelerate the transition to smart buildings.
SEC. 1015. REPEAL OF FOSSIL PHASE-OUT.
Section 305(a)(3) of the Energy Conservation and Production
Act (42 U.S.C. 6834(a)(3)) is amended by striking
subparagraph (D).
SEC. 1016. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE
STANDARDS.
(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) (as amended by section
1001(a)) 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:
``(19) 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(a)(3) of the Energy Conservation and Production Act (42
U.S.C. 6834(a)(3)) (as amended by section 1015) is amended--
(1) by striking ``(3)(A) Not later than'' and all that
follows through subparagraph (B) and inserting the following:
``(3) Revised federal building energy efficiency
performance standards.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year after the date of
enactment of the Energy Policy Modernization Act of 2016, 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--
[[Page S178]]
``(aa) meet or exceed the most recent revision of the
International Energy Conservation Code (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
Energy Policy Modernization Act of 2016; 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 International Energy Conservation
Code 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 International Energy Conservation Code, 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 the ASHRAE Standard
or the International Energy Conservation Code, 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.''; and
(2) in subparagraph (C), by striking ``(C) In the budget
request'' and inserting the following:
``(C) Budget request.--In the budget request''.
SEC. 1017. CODIFICATION OF EXECUTIVE ORDER.
Beginning in fiscal year 2016 and each fiscal year
thereafter through fiscal year 2025, the head of each Federal
agency shall, unless otherwise specified and where life-cycle
cost-effective, promote building energy conservation,
efficiency, and management by reducing, in Federal buildings
of the agency, building energy intensity, as measured in
British thermal units per gross square foot, by 2.5 percent
each fiscal year, relative to the baseline of the building
energy use of the applicable Federal buildings in fiscal year
2015 and after taking into account the progress of the
Federal agency in preceding fiscal years.
SEC. 1018. CERTIFICATION FOR GREEN BUILDINGS.
Section 305 of the Energy Conservation and Production Act
(42 U.S.C. 6834) (as amended by sections 1015 and 1016(b)) is
amended--
(1) in subsection (a)(3), by adding at the end the
following:
``(D) Certification for green buildings.--
``(i) Sustainable design principles.--Sustainable design
principles shall be applied to the siting, design, and
construction of buildings covered by this subparagraph.
``(ii) Selection of certification systems.--The Secretary,
after reviewing the findings of the Federal Director under
section 436(h) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17092(h)), in consultation with the
Administrator of General Services, and in consultation with
the Secretary of Defense relating to those facilities under
the custody and control of the Department of Defense, shall
determine those certification systems for green commercial
and residential buildings that the Secretary determines to be
the most likely to encourage a comprehensive and
environmentally sound approach to certification of green
buildings.
``(iii) Basis for selection.--The determination of the
certification systems under clause (ii) shall be based on
ongoing review of the findings of the Federal Director under
section 436(h) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17092(h)) and the criteria described in
clause (v).
``(iv) Administration.--In determining certification
systems under this subparagraph, the Secretary shall--
``(I) make a separate determination for all or part of each
system;
``(II) confirm that the criteria used to support the
selection of building products, materials, brands, and
technologies--
``(aa) are fair and neutral (meaning that the criteria are
based on an objective assessment of relevant technical data);
``(bb) do not prohibit, disfavor, or discriminate against
selection based on technically inadequate information to
inform human or environmental risk; and
``(cc) are expressed to prefer performance measures
whenever performance measures may reasonably be used in lieu
of prescriptive measures; and
``(III) use environmental and health criteria that are
based on risk assessment methodology that is generally
accepted by the applicable scientific disciplines.
``(v) Considerations.--In determining the green building
certification systems under this subparagraph, the Secretary
shall take into consideration--
``(I) the ability and availability of assessors and
auditors to independently verify the criteria and measurement
of metrics at the scale necessary to implement this
subparagraph;
``(II) the ability of the applicable certification
organization to collect and reflect public comment;
``(III) the ability of the standard to be developed and
revised through a consensus-based process;
``(IV) an evaluation of the robustness of the criteria for
a high-performance green building, which shall give credit
for promoting--
``(aa) efficient and sustainable use of water, energy, and
other natural resources;
``(bb) the use of renewable energy sources;
``(cc) improved indoor environmental quality through
enhanced indoor air quality, thermal comfort, acoustics, day
lighting, pollutant source control, and use of low-emission
materials and building system controls; and
``(dd) such other criteria as the Secretary determines to
be appropriate; and
``(V) national recognition within the building industry.
``(vi) Review.--The Secretary, in consultation with the
Administrator of General Services and the Secretary of
Defense, shall conduct an ongoing review to evaluate and
compare private sector green building certification systems,
taking into account--
``(I) the criteria described in clause (v); and
``(II) the identification made by the Federal Director
under section 436(h) of the Energy Independence and Security
Act of 2007 (42 U.S.C. 17092(h)).
``(vii) Exclusions.--
``(I) In general.--Subject to subclause (II), if a
certification system fails to meet the review requirements of
clause (v), the Secretary shall--
``(aa) identify the portions of the system, whether
prerequisites, credits, points, or otherwise, that meet the
review criteria of clause (v);
``(bb) determine the portions of the system that are
suitable for use; and
``(cc) exclude all other portions of the system from
identification and use.
``(II) Entire systems.--The Secretary shall exclude an
entire system from use if an exclusion under subclause (I)--
``(aa) impedes the integrated use of the system;
``(bb) creates disparate review criteria or unequal point
access for competing materials; or
``(cc) increases agency costs of the use.
``(viii) Internal certification processes.--The Secretary
may by rule allow Federal agencies to develop internal
certification processes, using certified professionals, in
lieu of certification by certification entities identified
under clause (ii).
``(ix) Privatized military housing.--With respect to
privatized military housing, the Secretary of Defense, after
consultation with the Secretary may, through rulemaking,
develop alternative certification systems and levels than the
systems and levels identified under clause (ii) that achieve
an equivalent result in terms of energy savings, sustainable
design, and green building performance.
``(x) Water conservation technologies.--In addition to any
use of water conservation technologies otherwise required by
this section, water conservation technologies shall be
applied to the extent that the technologies are life-cycle
cost-effective.
``(xi) Effective date.--
``(I) Determinations made after december 31, 2015.--This
subparagraph shall apply to any determination made by a
Federal agency after December 31, 2015.
``(II) Determinations made on or before december 31,
2015.--This subparagraph (as in effect on the day before the
date of enactment of the Energy Policy Modernization Act of
2016) shall apply to any use of a certification system for
green commercial and residential buildings by a Federal
agency on or before December 31, 2015.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) once 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. 1019. HIGH PERFORMANCE GREEN FEDERAL BUILDINGS.
Section 436(h) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17092(h)) is amended--
(1) in the subsection heading, by striking ``System'' and
inserting ``Systems'';
(2) by striking paragraph (1) and inserting the following:
``(1) In general.--Based on an ongoing review, the Federal
Director shall identify and shall provide to the Secretary
pursuant to section 305(a)(3)(D) of the Energy Conservation
and Production Act (42 U.S.C. 6834(a)(3)(D)), a list of those
certification systems that the Director identifies as the
[[Page S179]]
most likely to encourage a comprehensive and environmentally
sound approach to certification of green buildings.''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``system'' and inserting ``systems'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) an ongoing review provided to the Secretary pursuant
to section 305(a)(3)(D) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)(3)(D)), which shall--
``(i) be carried out by the Federal Director to compare and
evaluate standards; and
``(ii) allow any developer or administrator of a rating
system or certification system to be included in the
review;'';
(C) in subparagraph (E)(v), by striking ``and'' after the
semicolon at the end;
(D) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(G) a finding that, for all credits addressing grown,
harvested, or mined materials, the system does not
discriminate against the use of domestic products that have
obtained certifications of responsible sourcing; and
``(H) a finding that the system incorporates life-cycle
assessment as a credit pathway.''.
SEC. 1020. EVALUATION OF POTENTIALLY DUPLICATIVE GREEN
BUILDING PROGRAMS WITHIN DEPARTMENT OF ENERGY.
(a) Definitions.--In this section:
(1) Administrative expenses.--
(A) In general.--The term ``administrative expenses'' has
the meaning given the term by the Director of the Office of
Management and Budget under section 504(b)(2) of the Energy
and Water Development and Related Agencies Appropriations
Act, 2010 (31 U.S.C. 1105 note; Public Law 111-85).
(B) Inclusions.--The term ``administrative expenses''
includes, with respect to an agency--
(i) costs incurred by--
(I) the agency; or
(II) any grantee, subgrantee, or other recipient of funds
from a grant program or other program administered by the
agency; and
(ii) expenses relating to personnel salaries and benefits,
property management, travel, program management, promotion,
reviews and audits, case management, and communication
regarding, promotion of, and outreach for programs and
program activities administered by the agency.
(2) Applicable program.--The term ``applicable program''
means any program that is--
(A) listed in Table 9 (pages 348-350) of the report of the
Government Accountability Office entitled ``2012 Annual
Report: Opportunities to Reduce Duplication, Overlap and
Fragmentation, Achieve Savings, and Enhance Revenue''; and
(B) administered by the Secretary.
(3) Service.--
(A) In general.--Subject to subparagraph (B), the term
``service'' has the meaning given the term by the Director of
the Office of Management and Budget.
(B) Requirements.--For purposes of subparagraph (A), the
term ``service'' shall be limited to activities, assistance,
or other aid that provides a direct benefit to a recipient,
such as--
(i) the provision of technical assistance;
(ii) assistance for housing or tuition; or
(iii) financial support (including grants, loans, tax
credits, and tax deductions).
(b) Report.--
(1) In general.--Not later than January 1, 2016, the
Secretary shall submit to Congress and make available on the
public Internet website of the Department a report that
describes the applicable programs.
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall--
(A) determine the approximate annual total administrative
expenses of each applicable program;
(B) determine the approximate annual expenditures for
services for each applicable program;
(C) describe the intended market for each applicable
program, including the--
(i) estimated the number of clients served by each
applicable program; and
(ii) beneficiaries who received services or information
under the applicable program (if applicable and if data is
readily available);
(D) estimate--
(i) the number of full-time employees who administer each
applicable program; and
(ii) the number of full-time equivalents (the salary of
whom is paid in part or full by the Federal Government
through a grant or contract, a subaward of a grant or
contract, a cooperative agreement, or another form of
financial award or assistance) who assist in administering
the applicable program;
(E) briefly describe the type of services each applicable
program provides, such as information, grants, technical
assistance, loans, tax credits, or tax deductions;
(F) identify the type of recipient who is intended to
benefit from the services or information provided under the
applicable program, such as individual property owners or
renters, local governments, businesses, nonprofit
organizations, or State governments; and
(G) identify whether written program goals are available
for each applicable program.
(c) Recommendations.--Not later than January 1, 2016, the
Secretary shall submit to Congress a report that includes--
(1) a recommendation of whether any applicable program
should be eliminated or consolidated, including any
legislative changes that would be necessary to eliminate or
consolidate applicable programs; and
(2) methods to improve the applicable programs by
establishing program goals or increasing collaboration to
reduce any potential overlap or duplication, taking into
account--
(A) the 2011 report of the Government Accountability Office
entitled ``Federal Initiatives for the NonFederal Sector
Could Benefit from More Interagency Collaboration''; and
(B) the report of the Government Accountability Office
entitled ``2012 Annual Report: Opportunities to Reduce
Duplication, Overlap and Fragmentation, Achieve Savings, and
Enhance Revenue''.
(d) Analyses.--Not later than January 1, 2016, the
Secretary shall identify--
(1) which applicable programs were specifically authorized
by Congress; and
(2) which applicable programs are carried out solely under
the discretionary authority of the Secretary.
SEC. 1021. STUDY AND REPORT ON ENERGY SAVINGS BENEFITS OF
OPERATIONAL EFFICIENCY PROGRAMS AND SERVICES.
(a) Definition of Operational Efficiency Programs and
Services.--In this section, the term ``operational efficiency
programs and services'' means programs and services that use
information and communications technologies (including
computer hardware, energy efficiency software, and power
management tools) to operate buildings and equipment in the
optimum manner at the optimum times.
(b) Study and Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall conduct a study
and issue a report that quantifies the potential energy
savings of operational efficiency programs and services for
commercial, institutional, industrial, and governmental
entities, including Federal agencies.
(c) Measurement and Verification of Energy Savings.--The
report required under this section shall include potential
methodologies or protocols for utilities, utility regulators,
and Federal agencies to evaluate, measure, and verify energy
savings from operational efficiency programs and services.
Subtitle B--Appliances
SEC. 1101. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Electric motor.--The term ``electric motor'' has the
meaning given the term in section 431.12 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(2) Electronic control.--The term ``electronic control''
means--
(A) a power converter; or
(B) a combination of a power circuit and control circuit
included on 1 chassis.
(3) Extended product system.--The term ``extended product
system'' means an electric motor and any required associated
electronic control and driven load that--
(A) offers variable speed or multispeed operation;
(B) offers partial load control that reduces input energy
requirements (as measured in kilowatt-hours) as compared to
identified base levels set by the Secretary; and
(C)(i) has greater than 1 horsepower; and
(ii) uses an extended product system technology, as
determined by the Secretary.
(4) Qualified extended product system.--
(A) In general.--The term ``qualified extended product
system'' means an extended product system that--
(i) includes an electric motor and an electronic control;
and
(ii) reduces the input energy (as measured in kilowatt-
hours) required to operate the extended product system by not
less than 5 percent, as compared to identified base levels
set by the Secretary.
(B) Inclusions.--The term ``qualified extended product
system'' includes commercial or industrial machinery or
equipment that--
(i)(I) did not previously make use of the extended product
system prior to the redesign described in subclause (II); and
(II) incorporates an extended product system that has
greater than 1 horsepower into redesigned machinery or
equipment; and
(ii) was previously used prior to, and was placed back into
service during, calendar year 2016 or 2017.
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates for expenditures made by qualified
entities for the purchase or installation of a qualified
extended product system.
(c) Qualified Entities.--
(1) Eligibility requirements.--A qualified entity under
this section shall be--
(A) in the case of a qualified extended product system
described in subsection (a)(4)(A), the purchaser of the
qualified extended product that is installed; and
(B) in the case of a qualified extended product system
described in subsection (a)(4)(B), the manufacturer of the
commercial or industrial machinery or equipment that
incorporated the extended product system into that machinery
or equipment.
(2) Application.--To be eligible to receive a rebate under
this section, a qualified entity shall submit to the
Secretary--
(A) an application in such form, at such time, and
containing such information as the Secretary may require; and
[[Page S180]]
(B) a certification that includes demonstrated evidence--
(i) that the entity is a qualified entity; and
(ii)(I) in the case of a qualified entity described in
paragraph (1)(A)--
(aa) that the qualified entity installed the qualified
extended product system during the 2 fiscal years following
the date of enactment of this Act;
(bb) that the qualified extended product system meets the
requirements of subsection (a)(4)(A); and
(cc) showing the serial number, manufacturer, and model
number from the nameplate of the installed motor of the
qualified entity on which the qualified extended product
system was installed; or
(II) in the case of a qualified entity described in
paragraph (1)(B), demonstrated evidence--
(aa) that the qualified extended product system meets the
requirements of subsection (a)(4)(B); and
(bb) showing the serial number, manufacturer, and model
number from the nameplate of the installed motor of the
qualified entity with which the extended product system is
integrated.
(d) Authorized Amount of Rebate.--
(1) In general.--The Secretary may provide to a qualified
entity a rebate in an amount equal to the product obtained by
multiplying--
(A) an amount equal to the sum of the nameplate rated
horsepower of--
(i) the electric motor to which the qualified extended
product system is attached; and
(ii) the electronic control; and
(B) $25.
(2) Maximum aggregate amount.--A qualified entity shall not
be entitled to aggregate rebates under this section in excess
of $25,000 per calendar year.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of the first 2 full fiscal years following the date of
enactment of this Act, to remain available until expended.
SEC. 1102. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
(a) Definitions.--In this section:
(1) Qualified energy efficient transformer.--The term
``qualified energy efficient transformer'' means a
transformer that meets or exceeds the applicable energy
conservation standards described in the tables in subsection
(b)(2) and paragraphs (1) and (2) of subsection (c) of
section 431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
(2) Qualified energy inefficient transformer.--The term
``qualified energy inefficient transformer'' means a
transformer with an equal number of phases and capacity to a
transformer described in any of the tables in subsection
(b)(2) and paragraphs (1) and (2) of subsection (c) of
section 431.196 of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this Act) that--
(A) does not meet or exceed the applicable energy
conservation standards described in paragraph (1); and
(B)(i) was manufactured between January 1, 1985, and
December 31, 2006, for a transformer with an equal number of
phases and capacity as a transformer described in the table
in subsection (b)(2) of section 431.196 of title 10, Code of
Federal Regulations (as in effect on the date of enactment of
this Act); or
(ii) was manufactured between January 1, 1990, and December
31, 2009, for a transformer with an equal number of phases
and capacity as a transformer described in the table in
paragraph (1) or (2) of subsection (c) of that section (as in
effect on the date of enactment of this Act).
(3) Qualified entity.--The term ``qualified entity'' means
an owner of industrial or manufacturing facilities,
commercial buildings, or multifamily residential buildings, a
utility, or an energy service company that fulfills the
requirements of subsection (d).
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
program to provide rebates to qualified entities for
expenditures made by the qualified entity for the replacement
of a qualified energy inefficient transformer with a
qualified energy efficient transformer.
(c) Requirements.--To be eligible to receive a rebate under
this section, an entity shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including
demonstrated evidence--
(1) that the entity purchased a qualified energy efficient
transformer;
(2) of the core loss value of the qualified energy
efficient transformer;
(3) of the age of the qualified energy inefficient
transformer being replaced;
(4) of the core loss value of the qualified energy
inefficient transformer being replaced--
(A) as measured by a qualified professional or verified by
the equipment manufacturer, as applicable; or
(B) for transformers described in subsection (a)(2)(B)(i),
as selected from a table of default values as determined by
the Secretary in consultation with applicable industry; and
(5) that the qualified energy inefficient transformer has
been permanently decommissioned and scrapped.
(d) Authorized Amount of Rebate.--The amount of a rebate
provided under this section shall be--
(1) for a 3-phase or single-phase transformer with a
capacity of not less than 10 and not greater than 2,500
kilovolt-amperes, twice the amount equal to the difference in
Watts between the core loss value (as measured in accordance
with paragraphs (2) and (4) of subsection (c)) of--
(A) the qualified energy inefficient transformer; and
(B) the qualified energy efficient transformer; or
(2) for a transformer described in subsection (a)(2)(B)(i),
the amount determined using a table of default rebate values
by rated transformer output, as measured in kilovolt-amperes,
as determined by the Secretary in consultation with
applicable industry.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2016 and 2017, to remain available until
expended.
(f) Termination of Effectiveness.--The authority provided
by this section terminates on December 31, 2017.
SEC. 1103. STANDARDS FOR CERTAIN FURNACES.
Section 325(f)(4) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(f)(4)) is amended by adding at the end the
following:
``(E) Restriction on final rule for residential non-
weatherized gas furnaces and mobile home furnaces.--
``(i) In general.--Notwithstanding any other provision of
this Act, the Secretary shall not prescribe a final rule
amending the efficiency standards for residential non-
weatherized gas furnaces or mobile home furnaces until each
of the following has occurred:
``(I) The Secretary convenes a representative advisory
group of interested stakeholders, including the
manufacturers, distributors, and contractors of residential
non-weatherized gas furnaces and mobile home furnaces, home
builders, building owners, energy efficiency advocates,
natural gas utilities, electric utilities, and consumer
groups.
``(II) Not later than 1 year after the date of enactment of
this subparagraph, the advisory group described in subclause
(I) completes an analysis of a nationwide requirement of a
condensing furnace efficiency standard including--
``(aa) a complete analysis of current market trends
regarding the transition of sales from non-condensing
furnaces to condensing furnaces;
``(bb) the projected net loss in the industry of the
present value of original equipment manufactured after
adoption of the standard;
``(cc) the projected consumer payback period and life cycle
cost savings after adoption of the standard;
``(dd) a determination of whether the standard is
economically justified, based solely on the definition of
energy under section 321; and
``(ee) other common economic principles.
``(III) The advisory group described in subclause (I)
reviews the analysis and determines whether a nationwide
requirement of a condensing furnace efficiency standard is
technically feasible and economically justified.
``(IV) The final determination of the advisory group under
subclause (III) is published in the Federal Register.
``(ii) Amended standards.--If the advisory group determines
under clause (i)(III) that a nationwide requirement of a
condensing furnace efficiency standard is not technically
feasible and economically justified, the Secretary shall, not
later than 180 days after the date on which the final
determination of the advisory group is published in the
Federal Register under clause (i)(IV), establish amended
standards through the negotiated rulemaking procedure
provided for under subchapter III of chapter 5 of title 5,
United States Code (commonly known as the `Negotiated
Rulemaking Act of 1990').''.
SEC. 1104. THIRD-PARTY CERTIFICATION UNDER ENERGY STAR
PROGRAM.
Section 324A of the Energy Policy and Conservation Act (42
U.S.C. 6294a) is amended by adding at the end the following:
``(e) Third-Party Certification.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this subsection, the
Administrator shall revise the certification requirements for
the labeling of consumer, home, and office electronic
products for program partners that have complied with all
requirements of the Energy Star program for a period of at
least 18 months.
``(2) Administration.--In the case of a program partner
described in paragraph (1), the new requirements under
paragraph (1)--
``(A) shall not require third-party certification for a
product to be listed; but
``(B) may require that test data and other product
information be submitted to facilitate product listing and
performance verification for a sample of products.
``(3) Third parties.--Nothing in this subsection prevents
the Administrator from using third parties in the course of
the administration of the Energy Star program.
``(4) Termination.--
``(A) In general.--Subject to subparagraph (B), an
exemption from third-party certification provided to a
program partner under paragraph (1) shall terminate if the
program partner is found to have violated program
requirements with respect to at least 2 separate models
during a 2-year period.
``(B) Resumption.--A termination for a program partner
under subparagraph (A)
[[Page S181]]
shall cease if the program partner complies with all Energy
Star program requirements for a period of at least 3
years.''.
SEC. 1105. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL
REFRIGERATION EQUIPMENT.
(a) Deadline.--The requirements of the final rule entitled
``Energy Conservation Program: Energy Conservation Standards
for Commercial Refrigeration Equipment'' (79 Fed. Reg. 17725
(March 28, 2014)), shall take effect on January 1, 2020, for
equipment covered by the final rule that--
(1) uses natural refrigerants with a global warming
potential of 10 or less that are approved for use by the
Environmental Protection Agency under the Significant New
Alternatives Program;
(2) is within 1 of the following product categories:
(A) VCT.SC.M vertical cooler with transparent door self
contained medium temperature; or
(B) HCT.SC.M horizontal cooler with transparent door self
contained medium temperature; and
(3) uses not more than 115 percent of the energy use
allowed by applicable standards under Energy Star 3.0.
(b) Future Rulemakings.--Nothing in this section changes
the criteria to be considered during future rulemakings
undertaken by the Department under title III of the Energy
Policy and Conservation Act (42 U.S.C. 6291 et seq.).
(c) Review.--Notwithstanding subsection (a), the next
review required under section 342(c)(6)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(c)(6)(B)) shall
be conducted based on an effective date of March 27, 2017.
SEC. 1106. 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.--
``(A) Reliance on voluntary programs.--For the purpose of
periodic testing to verify compliance with energy
conservation standards and Energy Star specifications
established under sections 324A, 325, and 342 for covered
products described in paragraphs (3), (4), (5), (9), and (11)
of section 322(a) and covered equipment described in
subparagraphs (B), (C), (D), (F), (I), (J), and (K) of
section 340(1), the Secretary and the Administrator of the
Environmental Protection Agency shall rely on testing
conducted by 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.
``(ii) Minimum requirements.--The criteria developed under
clause (i) shall, at a minimum, ensure that the 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 DOE
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 or the
Administrator of the Environmental Protection Agency, 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 to the extent provided under section 552(b)(4) of
title 5, United States Code (commonly known as the `Freedom
of Information Act'); and
``(XI) satisfies any additional requirements or standards
that the Secretary and Administrator of the Environmental
Protection Agency shall establish consistent with this
subparagraph.
``(iii) Finding required for cessation of recognition.--The
Secretary may only cease recognition of a voluntary
verification program as an approved program described in
subparagraph (A) on a finding that the program is not meeting
its obligations for compliance through program review
criteria established under this subparagraph.
``(iv) Revisions.--
``(I) In general.--Major revisions to voluntary
verification program criteria established under this
subparagraph shall only be made pursuant to a subsequent
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').
``(II) Nonmajor revisions.--
``(aa) In general.--The Secretary may make all other
nonmajor criteria revisions by initiating a direct final rule
in accordance with section 553(b)(3)(B) of title 5, United
States Code, on a determination published in the Federal
Register that revisions to the criteria are necessary and
that substantive opposition to the proposed revisions is not
expected.
``(bb) Conditions for effectiveness.--If the Secretary does
not receive adversarial comments with respect to the
determination published under item (aa) during the 30-day-
period following publication of that determination in the
Federal Register, the direct final rule shall have the force
and effect of law.
``(cc) Withdrawal of final rule.--Receipt of any
adversarial comment with respect to the determination
published under item (aa) shall require the Secretary to
withdraw the direct final rule and publish--
``(AA) a notice of proposed rulemaking pursuant to section
553 of title 5, United States Code; or
``(BB) a notice of proposed rulemaking pursuant to section
553 of title 5, United States Code, that includes a
determination that revisions to the criteria are necessary.
``(C) Administration.--
``(i) In general.--The Secretary and the Administrator of
the Environmental Protection Agency shall not require--
``(I) manufacturers to participate in a voluntary
verification program described in subparagraph (A); or
``(II) participating manufacturers to provide information
that has already been provided to the Secretary or the
Administrator.
``(ii) List of covered products.--The Secretary or the
Administrator of the Environmental Protection Agency 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
voluntary verification program described in subparagraph (A);
``(iii) Periodic verification testing.--
``(I) In general.--The Secretary--
``(aa) shall not subject products or equipment that have
been verification tested under a voluntary verification
program described in subparagraph (A) to periodic
verification testing that verifies the accuracy of the
certified performance rating of the products or equipment;
but
``(bb) may test products or equipment described in
subclause (I) 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.
``(II) Additional testing.--The Secretary may subject
products or equipment described in subclause (I) to periodic
verification testing outside the restrictions of subclause
(I)(bb), if agreed to during the rulemaking described in
subparagraph (B)
``(D) Effect on other authority.--Nothing in this paragraph
limits the authority of the Secretary or the Administrator of
the Environmental Protection Agency to enforce compliance
with any law.''.
Subtitle C--Manufacturing
SEC. 1201. MANUFACTURING ENERGY EFFICIENCY.
(a) Purposes.--The purposes of this section are--
(1) to reform and reorient the industrial efficiency
programs of the Department;
(2) to establish a clear and consistent authority for
industrial efficiency programs of the Department;
(3) to accelerate the deployment of technologies and
practices that will increase industrial energy efficiency and
improve productivity;
(4) to accelerate the development and demonstration of
technologies that will assist the deployment goals of the
industrial efficiency programs of the Department and increase
manufacturing efficiency;
(5) to stimulate domestic economic growth and improve
industrial productivity and competitiveness; and
(6) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
[[Page S182]]
(b) Future of Industry Program.--
(1) 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''.
(2) 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--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following:
``(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.''.
(3) 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--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(C) in subparagraph (A) (as redesignated by subparagraph
(A)), 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
(D) 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 Program of
the Department of Energy to provide building assessment
services to manufacturers;
``(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;
``(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;
``(E) identify opportunities for reducing greenhouse gas
emissions; and
``(F) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(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) Workforce training.--
``(A) In general.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy
service providers to implement the recommendations of
industrial research and assessment centers.
``(B) Federal share.--The Federal share of the cost of
carrying out internship programs described in subparagraph
(A) shall be 50 percent.
``(5) 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).
``(6) Advanced manufacturing steering committee.--The
Secretary shall establish an advisory steering committee to
provide recommendations to the Secretary on planning and
implementation of the Advanced Manufacturing Office of the
Department of Energy.''.
(c) Sustainable Manufacturing Initiative.--
(1) In general.--Part E of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6341) is amended by adding at
the end the following:
``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
``(a) In General.--As part of the Office of Energy
Efficiency and Renewable Energy, the Secretary, on the
request of a manufacturer, shall conduct on-site technical
assessments to identify opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--The Secretary shall carry out the
initiative in coordination with the private sector and
appropriate agencies, including the National Institute of
Standards and Technology, to accelerate adoption of new and
existing technologies and processes that improve energy
efficiency.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As
part of the industrial efficiency programs of the Department
of Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and
demonstrate new sustainable manufacturing and industrial
technologies and processes that maximize the energy
efficiency of industrial plants, reduce pollution, and
conserve natural resources.''.
(2) Table of contents.--The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by adding at the end of the items relating to part E of title
III the following:
``Sec. 376. Sustainable manufacturing initiative.''.
(d) Conforming Amendments.--
(1) Section 106 of the Energy Policy Act of 2005 (42 U.S.C.
15811) is repealed.
(2) Sections 131, 132, 133, 2103, and 2107 of the Energy
Policy Act of 1992 (42 U.S.C. 6348, 6349, 6350, 13453, 13456)
are repealed.
(3) Section 2101(a) of the Energy Policy Act of 1992 (42
U.S.C. 13451(a)) is amended in the third sentence by striking
``sections 2102, 2103, 2104, 2105, 2106, 2107, and 2108'' and
inserting ``sections 2102, 2104, 2105, 2106, and 2108 of this
Act and section 376 of the Energy Policy and Conservation
Act,''.
SEC. 1202. LEVERAGING EXISTING FEDERAL AGENCY PROGRAMS TO
ASSIST SMALL AND MEDIUM MANUFACTURERS.
(a) Definitions.--In this section and section 1203:
(1) Energy management system.--The term ``energy management
system'' means a business management process based on
standards of the American National Standards Institute that
enables an organization to follow a systematic approach in
achieving continual improvement of energy performance,
including energy efficiency, security, use, and consumption.
(2) Industrial assessment center.--The term ``industrial
assessment center'' means a center located at an institution
of higher education that--
(A) receives funding from the Department;
(B) provides an in-depth assessment of small- and medium-
size manufacturer plant sites to evaluate the facilities,
services, and manufacturing operations of the plant site; and
(C) identifies opportunities for potential savings for
small- and medium-size manufacturer plant sites from energy
efficiency improvements, waste minimization, pollution
prevention, and productivity improvement.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Small and medium manufacturers.--The term ``small and
medium manufacturers'' means manufacturing firms--
(A) classified in the North American Industry
Classification System as any of sectors 31 through 33;
(B) with gross annual sales of less than $100,000,000;
(C) with fewer than 500 employees at the plant site; and
(D) with annual energy bills totaling more than $100,000
and less than $2,500,000.
(5) Smart manufacturing.--The term ``smart manufacturing''
means a set of advanced sensing, instrumentation, monitoring,
controls, and process optimization technologies and practices
that merge information and communication technologies with
the manufacturing environment for the real-time management of
energy, productivity, and costs across factories and
companies.
(b) Expansion of Technical Assistance Programs.--The
Secretary shall expand the scope of technologies covered by
the Industrial Assessment Centers of the Department--
(1) to include smart manufacturing technologies and
practices; and
(2) to equip the directors of the Industrial Assessment
Centers with the training and tools necessary to provide
technical assistance in smart manufacturing technologies and
practices, including energy management systems, to
manufacturers.
(c) Funding.--The Secretary shall use unobligated funds of
the Department to carry out this section.
SEC. 1203. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT
NATIONAL LABORATORIES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a study on
ways in which the Department can increase access to existing
high-performance computing resources in the National
Laboratories, particularly for small and medium
manufacturers.
(2) Inclusions.--In identifying ways to increase access to
National Laboratories under paragraph (1), the Secretary
shall--
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(A) focus on increasing access to the computing facilities
of the National Laboratories; and
(B) ensure that--
(i) the information from the manufacturer is protected; and
(ii) the security of the National Laboratory facility is
maintained.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study.
(b) Actions for Increased Access.--The Secretary shall
facilitate access to the National Laboratories studied under
subsection (a) for small and medium manufacturers so that
small and medium manufacturers can fully use the high-
performance computing resources of the National Laboratories
to enhance the manufacturing competitiveness of the United
States.
Subtitle D--Vehicles
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Vehicle Innovation Act
of 2016''.
SEC. 1302. OBJECTIVES.
The objectives of this subtitle are--
(1) to establish a consistent and consolidated authority
for the vehicle technology program at the Department;
(2) to develop United States technologies and practices
that--
(A) improve the fuel efficiency and emissions of all
vehicles produced in the United States; and
(B) reduce vehicle reliance on petroleum-based fuels;
(3) to support domestic research, development, engineering,
demonstration, and commercial application and manufacturing
of advanced vehicles, engines, and components;
(4) to enable vehicles to move larger volumes of goods and
more passengers with less energy and emissions;
(5) to develop cost-effective advanced technologies for
wide-scale utilization throughout the passenger, commercial,
government, and transit vehicle sectors;
(6) to allow for greater consumer choice of vehicle
technologies and fuels;
(7) shorten technology development and integration cycles
in the vehicle industry;
(8) to ensure a proper balance and diversity of Federal
investment in vehicle technologies; and
(9) to strengthen partnerships between Federal and State
governmental agencies and the private and academic sectors.
SEC. 1303. COORDINATION AND NONDUPLICATION.
The Secretary shall ensure, to the maximum extent
practicable, that the activities authorized by this subtitle
do not duplicate those of other programs within the
Department or other relevant research agencies.
SEC. 1304. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
for research, development, engineering, demonstration, and
commercial application of vehicles and related technologies
in the United States, including activities authorized under
this subtitle--
(1) for fiscal year 2016, $313,567,000;
(2) for fiscal year 2017, $326,109,000;
(3) for fiscal year 2018, $339,154,000;
(4) for fiscal year 2019, $352,720,000; and
(5) for fiscal year 2020, $366,829,000.
SEC. 1305. REPORTING.
(a) Technologies Developed.--Not later than 18 months after
the date of enactment of this Act and annually thereafter
through 2020, the Secretary shall submit to Congress a report
regarding the technologies developed as a result of the
activities authorized by this subtitle, with a particular
emphasis on whether the technologies were successfully
adopted for commercial applications, and if so, whether
products relying on those technologies are manufactured in
the United States.
(b) Additional Matters.--At the end of each fiscal year
through 2020, the Secretary shall submit to the relevant
Congressional committees of jurisdiction an annual report
describing activities undertaken in the previous year under
this Act, active industry participants, the status of public
private partnerships, progress of the program in meeting
goals and timelines, and a strategic plan for funding of
activities across agencies.
PART I--VEHICLE RESEARCH AND DEVELOPMENT
SEC. 1306. PROGRAM.
(a) Activities.--The Secretary shall conduct a program of
basic and applied research, development, engineering,
demonstration, and commercial application activities on
materials, technologies, and processes with the potential to
substantially reduce or eliminate petroleum use and the
emissions of the Nation's passenger and commercial vehicles,
including activities in the areas of--
(1) electrification of vehicle systems;
(2) batteries, ultracapacitors, and other energy storage
devices;
(3) power electronics;
(4) vehicle, component, and subsystem manufacturing
technologies and processes;
(5) engine efficiency and combustion optimization;
(6) waste heat recovery;
(7) transmission and drivetrains;
(8) hydrogen vehicle technologies, including fuel cells and
internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(9) natural gas vehicle technologies;
(10) aerodynamics, rolling resistance (including tires and
wheel assemblies), and accessory power loads of vehicles and
associated equipment;
(11) vehicle weight reduction, including lightweighting
materials and the development of manufacturing processes to
fabricate, assemble, and use dissimilar materials;
(12) friction and wear reduction;
(13) engine and component durability;
(14) innovative propulsion systems;
(15) advanced boosting systems;
(16) hydraulic hybrid technologies;
(17) engine compatibility with and optimization for a
variety of transportation fuels including natural gas and
other liquid and gaseous fuels;
(18) predictive engineering, modeling, and simulation of
vehicle and transportation systems;
(19) refueling and charging infrastructure for alternative
fueled and electric or plug-in electric hybrid vehicles,
including the unique challenges facing rural areas;
(20) gaseous fuels storage systems and system integration
and optimization;
(21) sensing, communications, and actuation technologies
for vehicle, electrical grid, and infrastructure;
(22) efficient use, substitution, and recycling of
potentially critical materials in vehicles, including rare
earth elements and precious metals, at risk of supply
disruption;
(23) aftertreatment technologies;
(24) thermal management of battery systems;
(25) retrofitting advanced vehicle technologies to existing
vehicles;
(26) development of common standards, specifications, and
architectures for both transportation and stationary battery
applications;
(27) advanced internal combustion engines;
(28) mild hybrid;
(29) engine down speeding;
(30) vehicle-to-vehicle, vehicle-to-pedestrian, and
vehicle-to-infrastructure technologies; and
(31) other research areas as determined by the Secretary.
(b) Transformational Technology.--The Secretary shall
ensure that the Department continues to support research,
development, engineering, demonstration, and commercial
application activities and maintains competency in mid- to
long-term transformational vehicle technologies with
potential to achieve reductions in emissions, including
activities in the areas of--
(1) hydrogen vehicle technologies, including fuel cells,
hydrogen storage, infrastructure, and activities in hydrogen
technology validation and safety codes and standards;
(2) multiple battery chemistries and novel energy storage
devices, including nonchemical batteries and
electromechanical storage technologies such as hydraulics,
flywheels, and compressed air storage;
(3) communication and connectivity among vehicles,
infrastructure, and the electrical grid; and
(4) other innovative technologies research and development,
as determined by the Secretary.
(c) Industry Participation.--To the maximum extent
practicable, activities under this Act shall be carried out
in partnership or collaboration with automotive
manufacturers, heavy commercial, vocational, and transit
vehicle manufacturers, qualified plug-in electric vehicle
manufacturers, compressed natural gas vehicle manufacturers,
vehicle and engine equipment and component manufacturers,
manufacturing equipment manufacturers, advanced vehicle
service providers, fuel producers and energy suppliers,
electric utilities, universities, national laboratories, and
independent research laboratories. In carrying out this Act
the Secretary shall--
(1) determine whether a wide range of companies that
manufacture or assemble vehicles or components in the United
States are represented in ongoing public private partnership
activities, including firms that have not traditionally
participated in federally sponsored research and development
activities, and where possible, partner with such firms that
conduct significant and relevant research and development
activities in the United States;
(2) leverage the capabilities and resources of, and
formalize partnerships with, industry-led stakeholder
organizations, nonprofit organizations, industry consortia,
and trade associations with expertise in the research and
development of, and education and outreach activities in,
advanced automotive and commercial vehicle technologies;
(3) develop more effective processes for transferring
research findings and technologies to industry;
(4) support public-private partnerships, dedicated to
overcoming barriers in commercial application of
transformational vehicle technologies, that utilize such
industry-led technology development facilities of entities
with demonstrated expertise in successfully designing and
engineering pre-commercial generations of such
transformational technology; and
(5) promote efforts to ensure that technology research,
development, engineering, and commercial application
activities funded under this Act are carried out in the
United States.
(d) Interagency and Intraagency Coordination.--To the
maximum extent practicable, the Secretary shall coordinate
research, development, demonstration, and commercial
application activities among--
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(1) relevant programs within the Department, including--
(A) the Office of Energy Efficiency and Renewable Energy;
(B) the Office of Science;
(C) the Office of Electricity Delivery and Energy
Reliability;
(D) the Office of Fossil Energy;
(E) the Advanced Research Projects Agency--Energy; and
(F) other offices as determined by the Secretary; and
(2) relevant technology research and development programs
within other Federal agencies, as determined by the
Secretary.
(e) Federal Demonstration of Technologies.--The Secretary
shall make information available to procurement programs of
Federal agencies regarding the potential to demonstrate
technologies resulting from activities funded through
programs under this Act.
(f) Intergovernmental Coordination.--The Secretary shall
seek opportunities to leverage resources and support
initiatives of State and local governments in developing and
promoting advanced vehicle technologies, manufacturing, and
infrastructure.
(g) Criteria.--When awarding grants under this program, the
Secretary shall give priority to those technologies (either
individually or as part of a system) that--
(1) provide the greatest aggregate fuel savings based on
the reasonable projected sales volumes of the technology; and
(2) provide the greatest increase in United States
employment.
SEC. 1307. MANUFACTURING.
The Secretary shall carry out a research, development,
engineering, demonstration, and commercial application
program of advanced vehicle manufacturing technologies and
practices, including innovative processes--
(1) to increase the production rate and decrease the cost
of advanced battery and fuel cell manufacturing;
(2) to vary the capability of individual manufacturing
facilities to accommodate different battery chemistries and
configurations;
(3) to reduce waste streams, emissions, and energy
intensity of vehicle, engine, advanced battery and component
manufacturing processes;
(4) to recycle and remanufacture used batteries and other
vehicle components for reuse in vehicles or stationary
applications;
(5) to develop manufacturing processes to effectively
fabricate, assemble, and produce cost-effective lightweight
materials such as advanced aluminum and other metal alloys,
polymeric composites, and carbon fiber for use in vehicles;
(6) to produce lightweight high pressure storage systems
for gaseous fuels;
(7) to design and manufacture purpose-built hydrogen fuel
cell vehicles and components;
(8) to improve the calendar life and cycle life of advanced
batteries; and
(9) to produce permanent magnets for advanced vehicles.
PART II--MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT VEHICLES
SEC. 1308. PROGRAM.
The Secretary, in partnership with relevant research and
development programs in other Federal agencies, and a range
of appropriate industry stakeholders, shall carry out a
program of cooperative research, development, demonstration,
and commercial application activities on advanced
technologies for medium- to heavy-duty commercial,
vocational, recreational, and transit vehicles, including
activities in the areas of--
(1) engine efficiency and combustion research;
(2) onboard storage technologies for compressed and
liquefied natural gas;
(3) development and integration of engine technologies
designed for natural gas operation of a variety of vehicle
platforms;
(4) waste heat recovery and conversion;
(5) improved aerodynamics and tire rolling resistance;
(6) energy and space-efficient emissions control systems;
(7) mild hybrid, heavy hybrid, hybrid hydraulic, plug-in
hybrid, and electric platforms, and energy storage
technologies;
(8) drivetrain optimization;
(9) friction and wear reduction;
(10) engine idle and parasitic energy loss reduction;
(11) electrification of accessory loads;
(12) onboard sensing and communications technologies;
(13) advanced lightweighting materials and vehicle designs;
(14) increasing load capacity per vehicle;
(15) thermal management of battery systems;
(16) recharging infrastructure;
(17) compressed natural gas infrastructure;
(18) advanced internal combustion engines;
(19) complete vehicle and power pack modeling, simulation,
and testing;
(20) hydrogen vehicle technologies, including fuel cells
and internal combustion engines, and hydrogen infrastructure,
including hydrogen energy storage to enable renewables and
provide hydrogen for fuel and power;
(21) retrofitting advanced technologies onto existing truck
fleets;
(22) advanced boosting systems;
(23) engine down speeding; and
(24) integration of these and other advanced systems onto a
single truck and trailer platform.
SEC. 1309. CLASS 8 TRUCK AND TRAILER SYSTEMS DEMONSTRATION.
(a) In General.--The Secretary shall conduct a competitive
grant program to demonstrate the integration of multiple
advanced technologies on Class 8 truck and trailer platforms,
including a combination of technologies listed in section
1308.
(b) Applicant Teams.--Applicant teams may be comprised of
truck and trailer manufacturers, engine and component
manufacturers, fleet customers, university researchers, and
other applicants as appropriate for the development and
demonstration of integrated Class 8 truck and trailer
systems.
SEC. 1310. TECHNOLOGY TESTING AND METRICS.
The Secretary, in coordination with the partners of the
interagency research program described in section 1308--
(1) shall develop standard testing procedures and
technologies for evaluating the performance of advanced heavy
vehicle technologies under a range of representative duty
cycles and operating conditions, including for heavy hybrid
propulsion systems;
(2) shall evaluate heavy vehicle performance using work
performance-based metrics other than those based on miles per
gallon, including those based on units of volume and weight
transported for freight applications, and appropriate metrics
based on the work performed by nonroad systems; and
(3) may construct heavy duty truck and bus testing
facilities.
SEC. 1311. NONROAD SYSTEMS PILOT PROGRAM.
The Secretary shall undertake a pilot program of research,
development, demonstration, and commercial applications of
technologies to improve total machine or system efficiency
for nonroad mobile equipment including agricultural,
construction, air, and sea port equipment, and shall seek
opportunities to transfer relevant research findings and
technologies between the nonroad and on-highway equipment and
vehicle sectors.
PART III--ADMINISTRATION
SEC. 1312. REPEAL OF EXISTING AUTHORITIES.
(a) In General.--Sections 706, 711, 712, and 933 of the
Energy Policy Act of 2005 (42 U.S.C. 16051, 16061, 16062,
16233) are repealed.
(b) Energy Efficiency.--Section 911 of the Energy Policy
Act of 2005 (42 U.S.C. 16191) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``vehicles,
buildings,'' and inserting ``buildings''; and
(B) in paragraph (2)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(2) in subsection (c)--
(A) by striking paragraph (3);
(B) by redesignating paragraph (4) as paragraph (3); and
(C) in paragraph (3) (as so redesignated), by striking
``(a)(2)(D)'' and inserting ``(a)(2)(C)''.
Subtitle E--Short Title
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Portman-Shaheen Energy
Efficiency Improvement Act of 2016''.
TITLE II--INFRASTRUCTURE
Subtitle A--Cybersecurity
SEC. 2001. CYBERSECURITY THREATS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is
amended by adding at the end the following:
``SEC. 224. CYBERSECURITY THREATS.
``(a) Definitions.--In this section:
``(1) Bulk-power system.--The term `bulk-power system' has
the meaning given the term in section 215.
``(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 those matters.
``(3) Critical electric infrastructure information.--
``(A) In general.--The term `critical electric
infrastructure information' means information related to
critical electric infrastructure, or proposed critical
electric 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).
``(B) Inclusions.--The term `critical electric
infrastructure information' includes information that
qualifies as critical energy infrastructure information under
regulations promulgated by the Commission.
``(4) Cybersecurity threat.--The term `cybersecurity
threat' means the imminent danger of an act that severely
disrupts, attempts to severely disrupt, or poses a
significant risk of severely disrupting the operation of
programmable electronic devices or communications networks
(including hardware, software, and data) essential to the
reliable operation of the bulk-power system.
``(5) Electric reliability organization.--The term
`Electric Reliability Organization' has the meaning given the
term in section 215.
``(6) Regional entity.--The term `regional entity' has the
meaning given the term in section 215.
``(7) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Emergency Authority of Secretary.--
``(1) In general.--If the President notifies the Secretary
that the President has made a
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determination that immediate action is necessary to protect
the bulk-power system from a cybersecurity threat, the
Secretary may require, by order and with or without notice,
any entity that is registered with the Electric Reliability
Organization as an owner, operator, or user of the bulk-power
system to take such actions as the Secretary determines will
best avert or mitigate the cybersecurity threat.
``(2) Written explanation.--As soon as practicable after
notifying the Secretary under paragraph (1), the President
shall--
``(A) provide to the Secretary, in writing, a record of the
determination and an explanation of the reasons for the
determination; and
``(B) promptly notify, in writing, 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, the directive or
determination.
``(3) Coordination with canada and mexico.--In exercising
the authority pursuant to this subsection, the Secretary is
encouraged to consult and coordinate with the appropriate
officials in Canada and Mexico responsible for the protection
of cybersecurity of the interconnected North American
electricity grid.
``(4) Consultation.--Before exercising authority pursuant
to this subsection, to the maximum extent practicable, taking
into consideration the nature of an identified cybersecurity
threat and the urgency of need for action, the Secretary
shall consult regarding implementation of actions that will
effectively address the cybersecurity threat with--
``(A) any entities potentially subject to the cybersecurity
threat that own, control, or operate bulk-power system
facilities;
``(B) the Electric Reliability Organization;
``(C) the Electricity Sub-sector Coordinating Council (as
established by the Electric Reliability Organization); and
``(D) officials of other Federal departments and agencies,
as appropriate.
``(5) Cost recovery.--
``(A) In general.--The Commission shall adopt regulations
that permit entities subject to an order under paragraph (1)
to seek recovery of prudently incurred costs required to
implement actions ordered by the Secretary under this
subsection.
``(B) Requirements.--Any rate or charge approved under
regulations adopted pursuant to this paragraph--
``(i) shall be just and reasonable; and
``(ii) shall not be unduly discriminatory or preferential.
``(c) Duration of Emergency Orders.--An order issued by the
Secretary pursuant to subsection (b) shall remain in effect
for not longer than the 30-day period beginning on the
effective date of the order, unless, during that 30 day-
period, the Secretary--
``(1) provides to interested persons an opportunity to
submit written data, recommendations, and arguments; and
``(2) affirms, amends, or repeals the order, subject to the
condition that an amended order shall not exceed a total
duration of 90 days.
``(d) Protection and Sharing of Critical Electric
Infrastructure.--
``(1) Protection of critical electric infrastructure.--
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 State, political
subdivision, or tribal authority pursuant to any State,
political subdivision, or tribal law requiring disclosure of
information or records.
``(2) Designation and sharing of critical electric
infrastructure information.--Not later than 1 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--
``(A) to designate critical electric infrastructure
information;
``(B) to prohibit the unauthorized disclosure of critical
electric infrastructure information; and
``(C) to 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;
``(3) Considerations.--In promulgating regulations and
issuing orders under paragraph (2), the Commission shall take
into consideration the role of State commissions in--
``(A) reviewing the prudence and cost of investments;
``(B) determining the rates and terms of conditions for
electric services; and
``(C) ensuring the safety and reliability of the bulk-power
system and distribution facilities within the respective
jurisdictions of the State commissions.
``(4) No required sharing of information.--Nothing in this
section requires a person or entity in possession of critical
electric infrastructure information to share the information
with Federal, State, political subdivision, or tribal
authorities, or any other person or entity.
``(5) Disclosure of noncritical electric infrastructure
information.--In carrying out this section, 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.''.
SEC. 2002. ENHANCED GRID SECURITY.
(a) Definitions.--In this section:
(1) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(2) ES-ISAC.--The term ``ES-ISAC'' means the Electricity
Sector Information Sharing and Analysis Center.
(3) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Sector-specific agency.--The term ``Sector-Specific
Agency'' has the meaning given the term in the Presidential
policy directive entitled ``Critical Infrastructure Security
and Resilience'', numbered 21, and dated February 12, 2013.
(b) Sector-Specific Agency for Cybersecurity for the Energy
Sector.--
(1) In general.--The Department shall be the lead Sector-
Specific Agency for cybersecurity for the energy sector.
(2) Duties.--As the designated Sector-Specific Agency for
cybersecurity, the duties of the Department shall include--
(A) coordinating with the Department of Homeland Security
and other relevant Federal departments and agencies;
(B) collaborating with--
(i) critical infrastructure owners and operators; and
(ii) as appropriate--
(I) independent regulatory agencies; and
(II) State, local, tribal and territorial entities;
(C) serving as a day-to-day Federal interface for the
dynamic prioritization and coordination of sector-specific
activities;
(D) carrying out incident management responsibilities
consistent with applicable law (including regulations) and
other appropriate policies or directives;
(E) providing, supporting, or facilitating technical
assistance and consultations for the energy sector to
identify vulnerabilities and help mitigate incidents, as
appropriate; and
(F) supporting the reporting requirements of the Department
of Homeland Security under applicable law by providing, on an
annual basis, sector-specific critical infrastructure
information.
(c) Cybersecurity for the Energy Sector Research,
Development, and Demonstration Program.--
(1) In general.--The Secretary, in consultation with
appropriate Federal agencies, the energy sector, the States,
and other stakeholders, shall carry out a program--
(A) to develop advanced cybersecurity applications and
technologies for the energy sector--
(i) to identify and mitigate vulnerabilities, including--
(I) dependencies on other critical infrastructure; and
(II) impacts from weather and fuel supply; and
(ii) to advance the security of field devices and third-
party control systems, including--
(I) systems for generation, transmission, distribution, end
use, and market functions;
(II) specific electric grid elements including advanced
metering, demand response, distributed generation, and
electricity storage;
(III) forensic analysis of infected systems; and
(IV) secure communications;
(B) to leverage electric grid architecture as a means to
assess risks to the energy sector, including by implementing
an all-hazards approach to communications infrastructure,
control systems architecture, and power systems architecture;
(C) to perform pilot demonstration projects with the energy
sector to gain experience with new technologies; and
(D) to develop workforce development curricula for energy
sector-related cybersecurity.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $65,000,000
for each of fiscal years 2017 through 2025.
(d) Energy Sector Component Testing for Cyberresilience
Program.--
(1) In general.--The Secretary shall carry out a program--
(A) to establish a cybertesting and mitigation program to
identify vulnerabilities of energy sector supply chain
products to known threats;
(B) to oversee third-party cybertesting; and
(C) to develop procurement guidelines for energy sector
supply chain components.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000
for each of fiscal years 2017 through 2025.
(e) Energy Sector Operational Support for Cyberresilience
Program.--
(1) In general.--The Secretary may carry out a program--
(A) to enhance and periodically test--
(i) the emergency response capabilities of the Department;
and
(ii) the coordination of the Department with other
agencies, the National Laboratories, and private industry;
(B) to expand cooperation of the Department with the
intelligence communities for
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energy sector-related threat collection and analysis;
(C) to enhance the tools of the Department and ES-ISAC for
monitoring the status of the energy sector;
(D) to expand industry participation in ES-ISAC; and
(E) to provide technical assistance to small electric
utilities for purposes of assessing cybermaturity level.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2017 through 2025.
(f) Modeling and Assessing Energy Infrastructure Risk.--
(1) In general.--The Secretary shall develop an advanced
energy security program to secure energy networks, including
electric, natural gas, and oil exploration, transmission, and
delivery.
(2) Security and resiliency objective.--The objective of
the program developed under paragraph (1) is to increase the
functional preservation of the electric grid operations or
natural gas and oil operations in the face of natural and
human-made threats and hazards, including electric magnetic
pulse and geomagnetic disturbances.
(3) Eligible activities.--In carrying out the program
developed under paragraph (1), the Secretary may--
(A) develop capabilities to identify vulnerabilities and
critical components that pose major risks to grid security if
destroyed or impaired;
(B) provide modeling at the national level to predict
impacts from natural or human-made events;
(C) develop a maturity model for physical security and
cybersecurity;
(D) conduct exercises and assessments to identify and
mitigate vulnerabilities to the electric grid, including
providing mitigation recommendations;
(E) conduct research hardening solutions for critical
components of the electric grid;
(F) conduct research mitigation and recovery solutions for
critical components of the electric grid; and
(G) provide technical assistance to States and other
entities for standards and risk analysis.
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000
for each of fiscal years 2017 through 2025.
(g) Leveraging Existing Programs.--The programs established
under this section shall be carried out consistent with--
(1) the report of the Department entitled ``Roadmap to
Achieve Energy Delivery Systems Cybersecurity'' and dated
2011;
(2) existing programs of the Department; and
(3) any associated strategic framework that links together
academic and National Laboratory researchers, electric
utilities, manufacturers, and any other relevant private
industry organizations, including the Electricity Sub-sector
Coordinating Council.
(h) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Federal Energy Regulatory Commission and the North
American Electric Reliability Corporation, shall conduct a
study to explore alternative management structures and
funding mechanisms to expand industry membership and
participation in ES-ISAC.
(2) Report.--The Secretary shall submit to the appropriate
committees of Congress a report describing the results of the
study conducted under paragraph (1).
Subtitle B--Strategic Petroleum Reserve
SEC. 2101. STRATEGIC PETROLEUM RESERVE MODERNIZATION.
(a) 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).
(b) Spr Petroleum Account.--Section 167(b) of the Energy
Policy and Conservation Act (42 U.S.C. 6247(b)) is amended to
read as follows:
``(b) Obligation of Funds for the Acquisition,
Transportation, and Injection of Petroleum Products Into SPR
and for Other Purposes.--
``(1) Purposes.--Amounts in the Account may be obligated by
the Secretary of Energy for--
``(A) the acquisition, transportation, and injection of
petroleum products into the Reserve;
``(B) test sales of petroleum products from the Reserve;
``(C) the drawdown, sale, and delivery of petroleum
products from the Reserve;
``(D) the construction, maintenance, repair, and
replacement of storage facilities and related facilities; and
``(E) carrying out non-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.
``(2) Amounts.--Amounts in the Account may be obligated by
the Secretary of Energy for purposes of paragraph (1), in the
case of any fiscal year--
``(A) subject to section 660 of the Department of Energy
Organization Act (42 U.S.C. 7270), in such aggregate amounts
as may be appropriated in advance in appropriations Acts; and
``(B) notwithstanding section 660 of the Department of
Energy Organization Act (42 U.S.C. 7270), in an aggregate
amount equal to the aggregate amount of the receipts to the
United States from the sale of petroleum products in any
drawdown and a distribution of the Reserve under section 161,
including--
``(i) a drawdown and distribution carried out under
subsection (g) of that section; or
``(ii) from the sale of petroleum products under section
160(f).
``(3) Availability of funds.--Funds available to the
Secretary of Energy for obligation under this subsection may
remain available without fiscal year limitation.''.
(c) Definition of Related Facility.--Section 152(8) of the
Energy Policy and Conservation Act (42 U.S.C. 6232(8)) is
amended by inserting ``terminals,'' after ``reservoirs,''.
Subtitle C--Trade
SEC. 2201. ACTION ON APPLICATIONS TO EXPORT LIQUEFIED NATURAL
GAS.
(a) Decision Deadline.--For proposals that must also obtain
authorization from the Federal Energy Regulatory Commission
or the Maritime Administration to site, construct, expand, or
operate liquefied natural gas export facilities, the
Secretary shall issue a final decision on any application for
the authorization to export natural gas under section 3(a) of
the Natural Gas Act (15 U.S.C. 717b(a)) not later than 45
days after the later of--
(1) the conclusion of the review to site, construct,
expand, or operate the liquefied natural gas export
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 (42 U.S.C. 4321 et seq.) shall be considered concluded
when the lead agency--
(1) for a project requiring an Environmental Impact
Statement, publishes a Final Environmental Impact Statement;
(2) for a project for which an Environmental Assessment has
been prepared, publishes a Finding of No Significant Impact;
or
(3) determines that an application is eligible for a
categorical exclusion pursuant to National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing
regulations.
(c) Judicial Review.--
(1) In general.--Except for review in the Supreme Court,
the United States Court of Appeals for the District of
Columbia Circuit or the circuit in which the liquefied
natural gas export facility will be located pursuant to an
application described in subsection (a) shall have original
and exclusive jurisdiction over any civil action for the
review of--
(A) an order issued by the Secretary with respect to such
application; or
(B) the failure of the Secretary to issue a final decision
on such application.
(2) Order.--If the Court in a civil action described in
paragraph (1) finds that the Secretary has failed to issue a
final decision on the application as required under
subsection (a), the Court shall order the Secretary to issue
the final decision not later than 30 days after the order of
the Court.
(3) Expedited consideration.--The Court shall--
(A) set any civil action brought under this subsection for
expedited consideration; and
(B) set the matter on the docket as soon as practicable
after the filing date of the initial pleading.
(4) Transfers.--In the case of an application described in
subsection (a) for which a petition for review has been
filed--
(A) upon motion by an applicant, the matter shall be
transferred to the United States Court of Appeals for the
District of Columbia Circuit or the circuit in which a
liquefied natural gas export facility will be located
pursuant to an application described in section 3(a) of the
Natural Gas Act (15 U.S.C. 717b(a)); and
(B) the provisions of this section shall apply.
SEC. 2202. PUBLIC DISCLOSURE OF LIQUEFIED NATURAL GAS 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.--
``(1) In general.--In the case of any authorization to
export liquefied natural gas, the Secretary of Energy shall
require the applicant to report to the Secretary of Energy
the names of the 1 or more countries of destination to which
the exported liquefied natural gas is delivered.
``(2) Timing.--The applicant shall file the report required
under paragraph (1) not later than--
``(A) in the case of the first export, the last day of the
month following the month of the first export; and
``(B) in the case of subsequent exports, the date that is
30 days after the last day of the applicable month concerning
the activity of the previous month.
``(3) Disclosure.--The Secretary of Energy shall publish
the information reported under this subsection on the website
of the Department of Energy and otherwise make the
information available to the public.''.
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SEC. 2203. ENERGY DATA COLLABORATION.
(a) In General.--The Administrator of the Energy
Information Administration (referred to in this section as
the ``Administrator'') shall collaborate with the appropriate
officials in Canada and Mexico, as determined by the
Administrator, to improve--
(1) the quality and transparency of energy data in North
America through reconciliation of data on energy trade flows
among the United States, Canada, and Mexico;
(2) the extension of energy mapping capabilities in the
United States, Canada, and Mexico; and
(3) the development of common energy data terminology among
the United States, Canada, and Mexico.
(b) Periodic Updates.--The Administrator shall periodically
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Energy and Commerce of the
House of Representatives an update on--
(1) the extent to which energy data is being shared under
subsection (a); and
(2) whether forward-looking projections for regional energy
flows are improving in accuracy as a result of the energy
data sharing under that subsection.
Subtitle D--Electricity and Energy Storage
SEC. 2301. GRID STORAGE PROGRAM.
(a) In General.--The Secretary shall conduct a program of
research, development, and demonstration of electric grid
energy storage that addresses the principal challenges
identified in the 2013 Department of Energy Strategic Plan
for Grid Energy Storage.
(b) Areas of Focus.--The program under this section shall
focus on--
(1) materials and electrochemical systems research;
(2) power conversion technologies research;
(3) developing--
(A) empirical and science-based industry standards to
compare the storage capacity, cycle length and capabilities,
and reliability of different types of electricity storage;
and
(B) validation and testing techniques;
(4) other fundamental and applied research critical to
widespread deployment of electricity storage;
(5) device development that builds on results from research
described in paragraphs (1), (2), and (4), including
combinations of power electronics, advanced optimizing
controls, and energy storage as a general purpose element of
the electric grid;
(6) grid-scale testing and analysis of storage devices,
including test-beds and field trials;
(7) cost-benefit analyses that inform capital expenditure
planning for regulators and owners and operators of
components of the electric grid;
(8) electricity storage device safety and reliability,
including potential failure modes, mitigation measures, and
operational guidelines;
(9) standards for storage device performance, control
interface, grid interconnection, and interoperability; and
(10) maintaining a public database of energy storage
projects, policies, codes, standards, and regulations.
(c) Assistance to States.--The Secretary may provide
technical and financial assistance to States, Indian tribes,
or units of local government to participate in or use
research, development, or deployment of technology developed
under this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2017 through 2026.
(e) No Effect on Other Provisions of Law.--Nothing in this
subtitle or an amendment made by this subtitle authorizes
regulatory actions that would duplicate or conflict with
regulatory requirements, mandatory standards, or related
processes under section 215 of the Federal Power Act (16
U.S.C. 824o).
SEC. 2302. ELECTRIC SYSTEM GRID ARCHITECTURE, SCENARIO
DEVELOPMENT, AND MODELING.
(a) Grid Architecture and Scenario Development.--
(1) In general.--Subject to paragraph (2), the Secretary
shall establish and facilitate a collaborative process to
develop model grid architecture and a set of future scenarios
for the electric system to examine the impacts of different
combinations of resources (including different quantities of
distributed energy resources and large-scale, central
generation) on the electric grid.
(2) Market structure.--The grid architecture and scenarios
developed under paragraph (1) shall account for differences
in market structure, including an examination of the
potential for stranded costs in each type of market
structure.
(3) Findings.--Based on the findings of grid architecture
developed under paragraph (1), the Secretary shall--
(A) determine whether any additional standards are
necessary to ensure the interoperability of grid systems and
associated communications networks; and
(B) if the Secretary makes a determination that additional
standards are necessary under subparagraph (A), make
recommendations for additional standards, including, as may
be appropriate, to the Electric Reliability Organization
under section 215 of the Federal Power Act (16 U.S.C. 824o).
(b) Modeling.--Subject to subsection (c), the Secretary
shall--
(1) conduct modeling based on the scenarios developed under
subsection (a); and
(2) analyze and evaluate the technical and financial
impacts of the models to assist States, utilities, and other
stakeholders in--
(A) enhancing strategic planning efforts;
(B) avoiding stranded costs; and
(C) maximizing the cost-effectiveness of future grid-
related investments.
(c) Input.--The Secretary shall develop the scenarios and
conduct the modeling and analysis under subsections (a) and
(b) with participation or input, as appropriate, from--
(1) the National Laboratories;
(2) States;
(3) State regulatory authorities;
(4) transmission organizations;
(5) representatives of the electric industry;
(6) academic institutions;
(7) independent research institutes; and
(8) other entities.
SEC. 2303. TECHNOLOGY DEMONSTRATION ON THE DISTRIBUTION
SYSTEM.
(a) In General.--The Secretary shall establish a grant
program to carry out eligible projects related to the
modernization of the electric grid, including the application
of technologies to improve observability, advanced controls,
and prediction of system performance on the distribution
system.
(b) Eligible Projects.--To be eligible for a grant under
subsection (a), a project shall--
(1) be designed to improve the performance and efficiency
of the future electric grid, while ensuring the continued
provision of safe, secure, reliable, and affordable power;
and
(2) demonstrate--
(A) secure integration and management of 2 or more energy
resources, including distributed energy generation, combined
heat and power, micro-grids, energy storage, electric
vehicles, energy efficiency, demand response, and intelligent
loads; and
(B) secure integration and interoperability of
communications and information technologies.
(c) Participation.--Projects conducted under subsection (b)
shall include the participation of a partnership consisting
of 2 or more entities that--
(1) may include
(A) any institution of higher education;
(B) a National Laboratory;
(C) a representative of a State or local government;
(D) a representative of an Indian tribe; or
(E) a Federal power marketing administration; and
(2) shall include at least 1 of any of--
(A) an investor-owned electric utility;
(B) a publicly owned utility;
(C) a technology provider;
(D) a rural electric cooperative;
(E) a regional transmission organization; or
(F) an independent system operator
(d) Cybersecurity Plan.--Each demonstration project
conducted under subsection (a) shall include the development
of a cybersecurity plan approved by the Secretary.
(e) Privacy Risk Analysis.--Each demonstration project
conducted under subsection (a) shall include a privacy impact
assessment that evaluates the project against the 5 core
concepts in the Voluntary Code of Conduct of the Department,
commonly known as the ``DataGuard Energy Data Privacy
Program'', or the most recent revisions to the privacy
program of the Department.
SEC. 2304. HYBRID MICRO-GRID SYSTEMS FOR ISOLATED AND
RESILIENT COMMUNITIES.
(a) Definitions.--In this section:
(1) Hybrid micro-grid system.--The term ``hybrid micro-grid
system'' means a stand-alone electrical system that--
(A) is comprised of conventional generation and at least 1
alternative energy resource; and
(B) may use grid-scale energy storage.
(2) Isolated community.--The term ``isolated community''
means a community that is powered by a stand-alone electric
generation and distribution system without the economic and
reliability benefits of connection to a regional electric
grid.
(3) Micro-grid system.--The term ``micro-grid system''
means a standalone electrical system that uses grid-scale
energy storage.
(4) Strategy.--The term ``strategy'' means the strategy
developed pursuant to subsection (b)(2)(B).
(b) Program.--
(1) Establishment.--The Secretary shall establish a program
to promote the development of--
(A) hybrid micro-grid systems for isolated communities; and
(B) micro-grid systems to increase the resilience of
critical infrastructure.
(2) Phases.--The program established under paragraph (1)
shall be divided into the following phases:
(A) Phase I, which shall consist of the development of a
feasibility assessment for--
(i) hybrid micro-grid systems in isolated communities; and
(ii) micro-grid systems to enhance the resilience of
critical infrastructure.
(B) Phase II, which shall consist of the development of an
implementation strategy, in accordance with paragraph (3), to
promote the development of hybrid micro-grid systems for
isolated communities, particularly for those communities
exposed to extreme weather conditions and high energy costs,
including electricity, space heating and cooling, and
transportation.
(C) Phase III, which shall be carried out in parallel with
Phase II and consist of the development of an implementation
strategy to
[[Page S188]]
promote the development of micro-grid systems that increase
the resilience of critical infrastructure.
(D) Phase IV, which shall consist of cost-shared
demonstration projects, based upon the strategies developed
under subparagraph (B) that include the development of
physical and cybersecurity plans to take appropriate measures
to protect and secure the electric grid.
(E) Phase V, which shall establish a benefits analysis plan
to help inform regulators, policymakers, and industry
stakeholders about the affordability, environmental and
resilience benefits associated with Phases II, III and IV.
(3) Requirements for strategy.--In developing the strategy
under paragraph (2)(B), the Secretary shall consider--
(A) establishing future targets for the economic
displacement of conventional generation using hybrid micro-
grid systems, including displacement of conventional
generation used for electric power generation, heating and
cooling, and transportation;
(B) the potential for renewable resources, including wind,
solar, and hydropower, to be integrated into a hybrid micro-
grid system;
(C) opportunities for improving the efficiency of existing
hybrid micro-grid systems;
(D) the capacity of the local workforce to operate,
maintain, and repair a hybrid micro-grid system;
(E) opportunities to develop the capacity of the local
workforce to operate, maintain, and repair a hybrid micro-
grid system;
(F) leveraging existing capacity within local or regional
research organizations, such as organizations based at
institutions of higher education, to support development of
hybrid micro-grid systems, including by testing novel
components and systems prior to field deployment;
(G) the need for basic infrastructure to develop, deploy,
and sustain a hybrid micro-grid system;
(H) input of traditional knowledge from local leaders of
isolated communities in the development of a hybrid micro-
grid system;
(I) the impact of hybrid micro-grid systems on defense,
homeland security, economic development, and environmental
interests;
(J) opportunities to leverage existing interagency
coordination efforts and recommendations for new interagency
coordination efforts to minimize unnecessary overhead,
mobilization, and other project costs; and
(K) any other criteria the Secretary determines
appropriate.
(c) Collaboration.--The program established under
subsection (b)(1) shall be carried out in collaboration with
relevant stakeholders, including, as appropriate--
(1) States;
(2) Indian tribes;
(3) regional entities and regulators;
(4) units of local government;
(5) institutions of higher education; and
(6) private sector entities.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the Secretary
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 efforts to implement
the program established under subsection (b)(1) and the
status of the strategy developed under subsection (b)(2)(B).
SEC. 2305. VOLUNTARY MODEL PATHWAYS.
(a) Establishment of Voluntary Model Pathways.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall initiate the
development of voluntary model pathways for modernizing the
electric grid through a collaborative, public-private effort
that--
(A) produces illustrative policy pathways that can be
adapted for State and regional applications by regulators and
policymakers;
(B) facilitates the modernization of the electric grid to
achieve the objectives described in paragraph (2);
(C) ensures a reliable, resilient, affordable, safe, and
secure electric system; and
(D) acknowledges and provides for different priorities,
electric systems, and rate structures across States and
regions.
(2) Objectives.--The pathways established under paragraph
(1) shall facilitate achievement of the following objectives:
(A) Near real-time situational awareness of the electric
system.
(B) Data visualization.
(C) Advanced monitoring and control of the advanced
electric grid.
(D) Enhanced certainty for private investment in the
electric system.
(E) Increased innovation.
(F) Greater consumer empowerment.
(G) Enhanced grid resilience, reliability, and robustness.
(H) Improved--
(i) integration of distributed energy resources;
(ii) interoperability of the electric system; and
(iii) predictive modeling and capacity forecasting.
(3) Steering committee.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall establish
a steering committee to facilitate the development of the
pathways under paragraph (1), to be composed of members
appointed by the Secretary, consisting of persons with
appropriate expertise representing a diverse range of
interests in the public, private, and academic sectors,
including representatives of--
(A) the Smart Grid Task Force; and
(B) the Smart Grid Advisory Committee.
(b) Technical Assistance.--The Secretary may provide
technical assistance to States, Indian tribes, or units of
local government to adopt 1 or more elements of the pathways
developed under subsection (a)(1).
SEC. 2306. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
PROVIDERS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report that includes--
(1) an evaluation of the performance of the electric grid
as of the date of the report; and
(2) a description of the quantified costs and benefits
associated with the changes evaluated under the scenarios
developed under section 2302.
(b) Considerations for Development of Metrics.--In
developing metrics for evaluating and quantifying the
electric grid under subsection (a), the Secretary shall
consider--
(1) standard methodologies for calculating improvements or
deteriorations in the performance metrics, such as
reliability, grid efficiency, power quality, consumer
satisfaction, sustainability, and financial incentives;
(2) standard methodologies for calculating value to
ratepayers, including broad economic and related impacts from
improvements to the performance metrics;
(3) appropriate ownership and operating roles for electric
utilities that would enable improved performance through the
adoption of emerging, commercially available or advanced grid
technologies or solutions, including--
(A) multicustomer micro-grids;
(B) distributed energy resources;
(C) energy storage;
(D) electric vehicles;
(E) electric vehicle charging infrastructure;
(F) integrated information and communications systems;
(G) transactive energy systems; and
(H) advanced demand management systems; and
(4) with respect to States, the role of the grid operator
in enabling a robust future electric system to ensure that--
(A) electric utilities remain financially viable;
(B) electric utilities make the needed investments that
ensure a reliable, secure, and resilient grid; and
(C) costs incurred to transform to an integrated grid are
allocated and recovered responsibly, efficiently, and
equitably.
SEC. 2307. STATE AND REGIONAL ELECTRICITY DISTRIBUTION
PLANNING.
(a) In General.--Upon the request of a State or regional
organization, the Secretary shall partner with States and
regional organizations to facilitate the development of State
and regional electricity distribution plans by--
(1) conducting a resource assessment and analysis of future
demand and distribution requirements; and
(2) developing open source tools for State and regional
planning and operations.
(b) Risk and Security Analysis.--The assessment under
subsection (a)(1) shall include--
(1) the evaluation of the physical and cybersecurity needs
of an advanced distribution management system and the
integration of distributed energy resources; and
(2) advanced use of grid architecture to analyze risks in
an all-hazards approach that includes communications
infrastructure, control systems architecture, and power
systems architecture.
(c) Technical Assistance.--For the purpose of developing
State and regional electricity distribution plans, the
Secretary shall provide technical assistance to--
(1) States;
(2) regional reliability entities; and
(3) other distribution asset owners and operators.
SEC. 2308. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to
carry out sections 2302 through 2307 $200,000,000 for each of
fiscal years 2017 through 2026.
SEC. 2309. ELECTRIC TRANSMISSION INFRASTRUCTURE PERMITTING.
(a) Interagency Rapid Response Team for Transmission.--
(1) Establishment.--There is established an interagency
rapid response team, to be known as the ``Interagency Rapid
Response Team for Transmission'' (referred to in this
subsection as the ``Team''), to expedite and improve the
permitting process for electric transmission infrastructure
on Federal land and non-Federal land.
(2) Mission.--The mission of the Team shall be--
(A) to improve the timeliness and efficiency of electric
transmission infrastructure permitting; and
(B) to facilitate the performance of maintenance and
upgrades to electric transmission lines on Federal land and
non-Federal land.
(3) Membership.--The Team shall be comprised of
representatives of--
(A) the Federal Energy Regulatory Commission;
(B) the Department;
(C) the Department of the Interior;
(D) the Department of Defense;
(E) the Department of Agriculture;
(F) the Council on Environmental Quality;
(G) the Department of Commerce;
[[Page S189]]
(H) the Advisory Council on Historic Preservation; and
(I) the Environmental Protection Agency.
(4) Duties.--The Team shall--
(A) facilitate coordination and unified environmental
documentation among electric transmission infrastructure
project applicants, Federal agencies, States, and Indian
tribes involved in the siting and permitting process;
(B) establish clear timelines for the review and
coordination of electric transmission infrastructure projects
by the applicable agencies;
(C) ensure that each electric transmission infrastructure
project is posted on the Federal permitting transmission
tracking system known as ``e-Trans'', including information
on the status and anticipated completion date of each
project; and
(D) regularly notify all participating members of the Team
involved in any specific permit of--
(i) any outstanding agency action that is required with
respect to the permit; and
(ii) any approval or required comment that has exceeded
statutory or agency timelines for completion, including an
identification of any Federal agency, department, or field
office that has not met the applicable timeline.
(5) Annual reports.--Annually, the Team 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 that describes the average
completion time for specific categories of regionally and
nationally significant transmission projects, based on
information obtained from the applicable Federal agencies.
(6) Use of data by omb.--Using data provided by the Team,
the Director of the Office of Management and Budget shall
prioritize inclusion of individual electric transmission
infrastructure projects on the website operated by the Office
of Management and Budget in accordance with section 1122 of
title 31, United States Code.
(b) Transmission Ombudsperson.--
(1) Establishment.--To enhance and ensure the reliability
of the electric grid, there is established within the Council
on Environmental Quality the position of Transmission
Ombudsperson (referred to in this subsection as the
``Ombudsperson''), to provide a unified point of contact
for--
(A) resolving interagency or intra-agency issues or delays
with respect to electric transmission infrastructure permits;
and
(B) receiving and resolving complaints from parties with
outstanding or in-process applications relating to electric
transmission infrastructure.
(2) Duties.--The Ombudsperson shall--
(A) establish a process for--
(i) facilitating the permitting process for performance of
maintenance and upgrades to electric transmission lines on
Federal land and non-Federal land, with a special emphasis on
facilitating access for immediate maintenance, repair, and
vegetation management needs;
(ii) resolving complaints filed with the Ombudsperson with
respect to in-process electric transmission infrastructure
permits; and
(iii) issuing recommended resolutions to address the
complaints filed with the Ombudsperson; and
(B) hear, compile, and share any complaints filed with
Ombudsperson relating to in-process electric transmission
infrastructure permits.
(c) Agreements.--
(1) In general.--The Secretary of the Interior, with
respect to public lands (as defined in section 103(e) of the
Federal Land Policy and Management Act (43 U.S.C. 1702(e)),
and the Secretary of Agriculture, with respect to National
Forest System land, shall provide for continuity of the
existing use and occupancy for the transmission of electric
energy by any Federal department or agency granted across
public lands or National Forest System land.
(2) Agreements.--The Secretary of the Interior or the
Secretary of Agriculture, as applicable, within 30 days after
receiving a request from the Federal department or agency
administering the electric energy transmission facilities,
shall, in consultation with that department or agency,
initiate agreements regarding the use and occupancy or right-
of-way (including vegetation management agreements, where
applicable).
SEC. 2310. REPORT BY TRANSMISSION ORGANIZATIONS ON
DISTRIBUTED ENERGY RESOURCES AND MICRO-GRID
SYSTEMS.
(a) Definitions.--In this section:
(1) Distributed energy resource.--The term ``distributed
energy resource'' means an electricity supply resource that,
as permitted by State law--
(A)(i) is interconnected to the electric system operated by
a transmission organization at or below 69kV; and
(ii) is subject to dispatch by the transmission
organization; and
(B)(i) generates electricity using any primary energy
source, including solar energy and other renewable resources;
or
(ii) stores energy and is capable of supplying electricity
to the electric system operated by the transmission
organization from the storage reservoir.
(2) Electric generating capacity resource.--The term
``electric generating capacity resource'' means an electric
generating resource, as measured by the maximum load-carrying
ability of the resource, exclusive of station use and
planned, unplanned, or other outage or derating, that is
subject to dispatch by a transmission organization to meet
the resource adequacy needs of the systems operated by the
transmission organization.
(3) Micro-grid system.--The term ``micro-grid system''
means an electrically distinct system under common control
that--
(A) serves an electric load at or below 69kV from a
distributed energy resource or electric generating capacity
resource; and
(B) is subject to dispatch by a transmission organization.
(4) Transmission organization.--The term ``transmission
organization'' has the meaning given the term in section 3 of
the Federal Power Act (16 U.S.C. 796).
(b) Report.--
(1) Notice.--Not later than 14 days after the date of
enactment of this section, the Commission shall submit to
each transmission organization notice that the transmission
organization is required to file with the Commission a report
in accordance with paragraph (2).
(2) Report.--Not later than 180 days after the date on
which a transmission organization receives a notice under
paragraph (1), the transmission organization shall submit to
the Commission a report that--
(A)(i) identifies distributed energy resources and micro-
grid systems that are subject to dispatch by the transmission
organization as of the date of the report; and
(ii) describes the fuel sources and operational
characteristics of such distributed energy resources and
micro-grid systems, including, to the extent practicable, a
discussion of the benefits and costs associated with the
distributed energy resources and micro-grid systems
identified under clause (i);
(B) evaluates, with due regard for operational and economic
benefits and costs, the potential for distributed energy
resources and micro-grid systems to be deployed to the
transmission organization over the short- and long-term
periods in the planning cycle of the transmission
organization; and
(C) identifies--
(i) over the short- and long-term periods in the planning
cycle of the transmission organization, barriers to the
deployment to the transmission organization of distributed
energy resources and micro-grid systems; and
(ii) potential changes to the operational requirements for,
or charges associated with, the interconnection of
distributed energy resources and micro-grid systems to the
transmission organization that would reduce the barriers
identified under clause (i).
SEC. 2311. NET METERING STUDY GUIDANCE.
Title XVIII of Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 1122) is amended by adding at the end the
following:
``SEC. 1841. NET ENERGY METERING STUDY.
``(a) In General.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall--
``(1) issue guidance on criteria required to be included in
studies of net metering conducted by the Department; and
``(2) undertake a study of net energy metering.
``(b) Requirements and Contents.--The model guidance issued
under subsection (a) shall clarify without prejudice to other
study criteria that any study of net energy metering,
including the study conducted by the Department under
subsection (a) shall--
``(1) be publicly available; and
``(2) assess benefits and costs of net energy metering,
including--
``(A) load data, including hourly profiles;
``(B) distributed generation production data;
``(C) best available technology, including inverter
capability; and
``(D) benefits and costs of distributed energy deployment,
including--
``(i) environmental benefits;
``(ii) changes in electric system reliability;
``(iii) changes in peak power requirements;
``(iv) provision of ancillary services, including reactive
power;
``(v) changes in power quality;
``(vi) changes in land-use effects;
``(vii) changes in right-of-way acquisition costs;
``(viii) changes in vulnerability to terrorism; and
``(ix) changes in infrastructure resilience.''.
Subtitle E--Computing
SEC. 2401. EXASCALE COMPUTER RESEARCH PROGRAM.
(a) Renaming of Act.--
(1) In general.--Section 1 of the Department of Energy
High-End Computing Revitalization Act of 2004 (15 U.S.C. 5501
note; Public Law 108-423) is amended by striking ``Department
of Energy High-End Computing Revitalization Act of 2004'' and
inserting ``Exascale Computing Act of 2016''.
(2) Conforming amendment.--Section 976(a)(1) of the Energy
Policy Act of 2005 (42 U.S.C. 16316(1)) is amended by
striking ``Department of Energy High-End Computing
Revitalization Act of 2004'' and inserting ``Exascale
Computing Act of 2016''.
(b) Definitions.--Section 2 of the Exascale Computing Act
of 2016 (15 U.S.C. 5541) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by striking paragraph (1) and inserting the following:
``(1) Department.--The term `Department' means the
Department of Energy.
``(2) Exascale computing.--The term `exascale computing'
means computing
[[Page S190]]
through the use of a computing machine that performs near or
above 10 to the 18th power floating point operations per
second.''; and
(3) in paragraph (6) (as redesignated by paragraph (1)), by
striking ``, acting through the Director of the Office of
Science of the Department of Energy''.
(c) Department of Energy High-End Computing Research and
Development Program.--Section 3 of the Exascale Computing Act
of 2016 (15 U.S.C. 5542) is amended--
(1) in subsection (a)(1), by striking ``program'' and
inserting ``coordinated program across the Department'';
(2) in subsection (b)(2), by striking ``, which may'' and
all that follows through ``architectures''; and
(3) by striking subsection (d) and inserting the following:
``(d) Exascale Computing Program.--
``(1) In general.--The Secretary shall conduct a research
program (referred to in this subsection as the `Program') to
develop 2 or more exascale computing machine architectures to
promote the missions of the Department.
``(2) Implementation.--
``(A) In general.--In carrying out the Program, the
Secretary shall--
``(i) establish 2 or more National Laboratory partnerships
with industry partners and institutions of higher education
for the research and development of 2 or more exascale
computing architectures across all applicable organizations
of the Department; and
``(ii) provide, as appropriate, on a competitive, merit-
reviewed basis, access for researchers in industries in the
United States, institutions of higher education, National
Laboratories, and other Federal agencies to the exascale
computing systems developed pursuant to clause (i).
``(B) Selection of partners.--The Secretary shall select
members for the partnerships with the computing facilities of
the Department under subparagraph (A) through a competitive,
peer-review process.
``(3) Codesign and application development.--
``(A) In general.--The Secretary shall carry out the
Program through an integration of applications, computer
science, applied mathematics, and computer hardware
architecture using the partnerships established pursuant to
paragraph (2) to ensure that, to the maximum extent
practicable, 2 or more exascale computing machine
architectures are capable of solving Department target
applications and broader scientific problems.
``(B) Report.--The Secretary shall submit to Congress a
report on how the integration under subparagraph (A) is
furthering application science data and computational
workloads across application interests, including national
security, material science, physical science, cybersecurity,
biological science, the Materials Genome and BRAIN
Initiatives of the President, advanced manufacturing, and the
national electric grid.
``(4) Project review.--
``(A) In general.--The exascale architectures developed
pursuant to partnerships established pursuant to paragraph
(2) shall be reviewed through a project review process.
``(B) Report.--Not later than 90 days after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report on--
``(i) the results of the review conducted under
subparagraph (A); and
``(ii) the coordination and management of the Program to
ensure an integrated research program across the Department.
``(5) Annual reports.--At the time of the budget submission
of the Department for each fiscal year, the Secretary, in
consultation with the members of the partnerships established
pursuant to paragraph (2), shall submit to Congress a report
that describes funding for the Program as a whole by
functional element of the Department and critical
milestones.''.
(d) Authorization of Appropriations.--Section 4 of the
Exascale Computing Act of 2016 (15 U.S.C. 5543) is amended--
(1) by striking ``this Act'' and inserting ``section
3(d)''; and
(2) by striking paragraphs (1) through (3) and inserting
the following:
``(1) $272,000,000 for fiscal year 2016;
``(2) $340,000,000 for fiscal year 2017; and
``(3) $360,000,000 for fiscal year 2018.''.
TITLE III--SUPPLY
Subtitle A--Renewables
PART I--HYDROELECTRIC
SEC. 3001. HYDROPOWER REGULATORY IMPROVEMENTS.
(a) Sense of Congress on the Use of Hydropower Renewable
Resources.--It is the sense of Congress that--
(1) hydropower is a renewable resource for purposes of all
Federal programs and is an essential source of energy in the
United States; and
(2) the United States should increase substantially the
capacity and generation of clean, renewable hydropower
resources that would improve environmental quality in the
United States.
(b) Modifying the Definition of Renewable Energy to Include
Hydropower.--Section 203 of the Energy Policy Act of 2005 (42
U.S.C. 15852) is amended--
(1) in subsection (a), by striking ``the following
amounts'' and all that follows through paragraph (3) and
inserting ``not less than 15 percent in fiscal year 2016 and
each fiscal year thereafter shall be renewable energy.'' ;
and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Renewable energy.--The term `renewable energy' means
energy produced from solar, wind, biomass, landfill gas,
ocean (including tidal, wave, current, and thermal),
geothermal, municipal solid waste, or hydropower.''.
(c) Licenses for Construction.--Section 4(e) of the Federal
Power Act (16 U.S.C. 797(e)) is amended, in the first
proviso, by striking ``deem'' and inserting ``determine to
be''.
(d) Preliminary Permits.--Section 5 of the Federal Power
Act (16 U.S.C. 798) is amended--
(1) in subsection (a), by striking ``three'' and inserting
``4''; and
(2) in subsection (b)--
(A) by striking ``Commission may extend the period of a
preliminary permit once for not more than 2 additional years
beyond the 3 years'' and inserting the following:
``Commission may--
``(1) extend the period of a preliminary permit once for
not more than 4 additional years beyond the 4 years'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) after the end of an extension period granted under
paragraph (1), issue an additional permit to the permittee if
the Commission determines that there are extraordinary
circumstances that warrant the issuance of the additional
permit.''.
(e) Time Limit for Construction of Project Works.--Section
13 of the Federal Power Act (16 U.S.C. 806) is amended in the
second sentence by striking ``once but not longer than two
additional years'' and inserting ``for not more than 8
additional years,''.
(f) License Term.--Section 15(e) of the Federal Power Act
(16 U.S.C. 808(e)) is amended--
(1) by striking ``(e) Except'' and inserting the following:
``(e) License Term on Relicensing.--
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Consideration.--In determining the term of a license
under paragraph (1), the Commission shall consider project-
related investments by the licensee over the term of the
existing license (including any terms under annual licenses)
that resulted in new development, construction, capacity,
efficiency improvements, or environmental measures, but which
did not result in the extension of the term of the license by
the Commission.''.
(g) Operation of Navigation Facilities.--Section 18 of the
Federal Power Act (16 U.S.C. 811) is amended by striking the
second, third, and fourth sentences.
(h) Alternative Conditions and Prescriptions.--Section 33
of the Federal Power Act (16 U.S.C. 823d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``deems'' and inserting
``determines'';
(B) in paragraph (2)(B), in the matter preceding clause
(i), by inserting ``determined to be necessary'' before ``by
the Secretary'';
(C) by striking paragraph (4); and
(D) by striking paragraph (5);
(2) in subsection (b)--
(A) by striking paragraph (4); and
(B) by striking paragraph (5); and
(3) by adding at the end the following:
``(c) Further Conditions.--This section applies to any
further conditions or prescriptions proposed or imposed
pursuant to section 4(e), 6, or 18.''.
(i) Licensing Process Improvements and Coordination.--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. LICENSING PROCESS IMPROVEMENTS.
``(a) License Studies.--
``(1) In general.--To facilitate the timely and efficient
completion of the license proceedings under this part, the
Commission shall--
``(A) conduct an investigation of best practices in
performing licensing studies, including methodologies and the
design of studies to assess the full range of environmental
impacts of a project;
``(B) compile a comprehensive collection of studies and
data accessible to the public that could be used to inform
license proceedings under this paragraph; and
``(C) encourage license applicants and cooperating agencies
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.
``(2) Use of existing studies.--To the maximum extent
practicable, the Commission shall use existing studies and
data in individual licensing proceedings under this part in
accordance with paragraph (1).
``(3) Nonduplication requirement.--To the maximum extent
practicable, the Commission shall ensure that studies and
data required for any Federal authorization (as defined in
section 35(a)) applicable to a particular project or facility
are not duplicated in other licensing proceedings under this
part.
``(4) Biological opinions.--To the maximum extent
practicable, the Secretary of Commerce shall ensure that
relevant offices within the National Marine Fisheries Service
prepare any biological opinion under section 7 of the
Endangered Species Act of 1973
[[Page S191]]
(16 U.S.C. 1536) that forms the basis for a prescription
under section 18 on a concurrent rather than sequential
basis.
``(5) Water quality certification deadline.--
``(A) In general.--For purposes of issuing a license under
this part, the deadline for a certifying agency to act under
section 401(a) of the Federal Water Pollution Control Act (33
U.S.C. 1341(a)) shall take effect only on the submission of a
request for certification determined to be complete by the
certifying agency.
``(B) Notice of complete request.--The certifying agency
shall inform the Commission when a request for certification
is determined to be complete.
``SEC. 35. LICENSING PROCESS COORDINATION.
``(a) Definition of Federal Authorization.--In this
section, the term `Federal authorization' means any
authorization required under Federal law (including any
license, permit, special use authorization, certification,
opinion, consultation, determination, or other approval) with
respect to--
``(1) a project licensed under section 4 or 15; or
``(2) a facility exempted under--
``(A) section 30; or
``(B) section 405(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2705(d)).
``(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.
``(2) Other agencies.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission.
``(c) Schedule.--
``(1) Timing for issuance.--It is the sense of Congress
that all Federal authorizations required for a project or
facility, including a license or exemption order of the
Commission, should be issued by the date that is 3 years
after the date on which an application is considered to be
complete by the Commission.
``(2) Commission schedule.--
``(A) In general.--The Commission shall establish a
schedule for the issuance of all Federal authorizations.
``(B) Requirements.--In establishing the schedule under
subparagraph (A), the Commission shall--
``(i) consult and cooperate with the Federal and State
agencies responsible for a Federal authorization;
``(ii) ensure the expeditious completion of all proceedings
relating to a Federal authorization; and
``(iii) comply with applicable schedules established by
Federal law with respect to a Federal authorization.
``(3) Resolution of interagency disputes.--If the Federal
agency fails to adhere to the schedule established by the
Commission under paragraph (2), or if the final condition of
the Secretary under section 4(e) or prescription under
section 18 has been unreasonably delayed in derogation of the
schedule established under paragraph (2), or if a proposed
alternative condition or prescription has been unreasonably
denied, or if a final condition or prescription would be
inconsistent with the purposes of this part or other
applicable law, the Commission may refer the matter to the
Chairman of the Council on Environmental Quality--
``(A) to ensure timely participation;
``(B) to ensure a timely decision;
``(C) to mediate the dispute; or
``(D) to refer the matter to the President.
``(d) Consolidated Record.--
``(1) In general.--The Commission shall maintain official
consolidated records of all license proceedings under this
part.
``(2) Submission of recommendations.--Any Federal or State
agency that is providing recommendations with respect to a
license proceeding under this part shall submit to the
Commission for inclusion in the consolidated record relating
to the license proceeding maintained under paragraph (1)--
``(A) the recommendations;
``(B) the rationale for the recommendations; and
``(C) any supporting materials relating to the
recommendations.
``(3) Written statement.--In a case in which a Federal
agency is making a determination with respect to a covered
measure (as defined in section 36(a)), the head of the
Federal agency shall include in the consolidated record a
written statement demonstrating that the Federal agency gave
equal consideration to the effects of the covered measure
on--
``(A) energy supply, distribution, cost, and use;
``(B) flood control;
``(C) navigation;
``(D) water supply; and
``(E) air quality and the preservation of other aspects of
environmental quality.
``SEC. 36. TRIAL-TYPE HEARINGS.
``(a) Definition of Covered Measure.--In this section, the
term `covered measure' means--
``(1) a condition prescribed under section 4(e), including
an alternative condition proposed under section 33(a);
``(2) fishways prescribed under section 18, including an
alternative prescription proposed under section 33(b); or
``(3) any further condition pursuant to section 4(e), 6, or
18.
``(b) Authorization of Trial-type Hearing.--The license
applicant (including an applicant for a license under section
15) and any party to the proceeding shall be entitled to a
determination on the record, after opportunity for a trial-
type hearing of not more than 120 days, on any disputed
issues of material fact with respect to an applicable covered
measure.
``(c) Deadline for Request.--A request for a trial-type
hearing under this section shall be submitted not later than
60 days after the date on which, as applicable--
``(1) the Secretary submits the condition under section
4(e) or prescription under section 18; or
``(2)(A) the Commission publishes notice of the intention
to use the reserved authority of the Commission to order a
further condition under section 6; or
``(B) the Secretary exercises reserved authority under the
license to prescribe, submit, or revise any condition to a
license under the first proviso of section 4(e) or fishway
prescribed under section 18, as appropriate.
``(d) No Requirement to Exhaust.--By electing not to
request a trial-type hearing under subsection (d), a license
applicant and any other party to a license proceeding shall
not be considered to have waived the right of the applicant
or other party to raise any issue of fact or law in a non-
trial-type proceeding, but no issue may be raised for the
first time on rehearing or judicial review of the license
decision of the Commission.
``(e) Administrative Law Judge.--All disputed issues of
material fact raised by a party in a request for a trial-type
hearing submitted under subsection (d) shall be determined in
a single trial-type hearing to be conducted by an
Administrative Law Judge within the Office of Administrative
Law Judges and Dispute Resolution of the Commission, in
accordance with the Commission rules of practice and
procedure under part 385 of title 18, Code of Federal
Regulations (or successor regulations), and within the
timeframe established by the Commission for each license
proceeding (including a proceeding for a license under
section 15) under section 35(c).
``(f) Stay.--The Administrative Law Judge may impose a stay
of a trial-type hearing under this section for a period of
not more than 120 days to facilitate settlement negotiations
relating to resolving the disputed issues of material fact
with respect to the covered measure.
``(g) Decision of the Administrative Law Judge.--
``(1) Contents.--The decision of the Administrative Law
Judge shall contain--
``(A) findings of fact on all disputed issues of material
fact;
``(B) conclusions of law necessary to make the findings of
fact, including rulings on materiality and the admissibility
of evidence; and
``(C) reasons for the findings and conclusions.
``(2) Limitation.--The decision of the Administrative Law
Judge shall not contain conclusions as to whether--
``(A) any condition or prescription should be adopted,
modified, or rejected; or
``(B) any alternative condition or prescription should be
adopted, modified, or rejected.
``(3) Finality.--A decision of an Administrative Law Judge
under this section with respect to a disputed issue of
material fact shall not be subject to further administrative
review.
``(4) Service.--The Administrative Law Judge shall serve
the decision on each party to the hearing and forward the
complete record of the hearing to the Commission and the
Secretary that proposed the original condition or
prescription.
``(h) Secretarial Determination.--
``(1) In general.--Not later than 60 days after the date on
which the Administrative Law Judge issues the decision under
subsection (g) and in accordance with the schedule
established by the Commission under section 35(c), the
Secretary proposing a condition under section 4(e) or a
prescription under section 18 shall file with the Commission
a final determination to adopt, modify, or withdraw any
condition or prescription that was the subject of a hearing
under this section, based on the decision of the
Administrative Law Judge.
``(2) Record of determination.--The final determination of
the Secretary filed with the Commission shall identify the
reasons for the decision and any considerations taken into
account that were not part of, or inconsistent with, the
findings of the Administrative Law Judge and shall be
included in the consolidated record in section 35(d).
``(i) Licensing Decision of the Commission.--
Notwithstanding sections 4(e) and 18, if the Commission finds
that the final condition or prescription of the Secretary is
inconsistent with the purposes of this part or other
applicable law, the Commission may refer the matter to the
Chairman of the Council on Environmental Quality under
section 35(c).
``(j) Judicial Review.--The decision of the Administrative
Law Judge and the record of determination of the Secretary
shall be included in the record of the applicable licensing
proceeding and subject to judicial review of the final
licensing decision of the Commission under section 313(b).
``SEC. 37. PUMPED STORAGE PROJECTS.
``In carrying out section 6(a) of the Hydropower Regulatory
Efficiency Act of 2013 (16 U.S.C. 797 note; Public Law 113-
23), the Commission shall consider a closed loop pumped
storage project to include a project--
[[Page S192]]
``(1) in which the upper and lower reservoirs do not
impound or directly withdraw water from a navigable stream;
or
``(2) that is not continuously connected to a naturally
flowing water feature.
``SEC. 38. ANNUAL REPORTS.
``(a) Commission Annual Report.--
``(1) In general.--The Commission 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 an annual report that--
``(A) describes and quantifies, for each licensed,
exempted, or proposed project under this part or section
405(d) of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2705(d)) (referred to in this subsection as the
`covered project'), the quantity of energy and capacity
authorized for new development and reauthorized for continued
operation during the reporting year, including an assessment
of the economic, climactic, air quality, and other
environmental benefits achieved by the new and reauthorized
energy and capacity;
``(B) describes and quantifies the loss of energy,
capacity, or ancillary services as a result of any licensing
action under this part or other requirement under Federal law
during the reporting year;
``(C) identifies any application to license, relicense, or
expand a covered project pending as of the date of the annual
report, including a quantification of the new energy and
capacity with the potential to be gained or lost by action
relating to the covered project; and
``(D) lists all proposed covered projects that, as of the
date of the annual report, are subject to a preliminary
permit issued under section 4(f), including a description of
the quantity of new energy and capacity that would be
achieved through the development of each proposed covered
project.
``(2) Availability.--The Commission shall establish and
maintain a publicly available website or comparable resource
that tracks all information required for the annual report
under paragraph (1).
``(b) Resource Agency Annual Report.--
``(1) In general.--Any Federal or State resource agency
that is participating in any Commission proceeding under this
part or that has responsibilities for any Federal
authorization 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 that--
``(A) describes each term, condition, or other requirement
prepared by the resource agency during the reporting year
with respect to a Commission proceeding under this part,
including--
``(i) an assessment of whether implementation of the term,
condition, or other requirement would result in the loss of
energy, capacity, or ancillary services at the project,
including a quantification of the losses;
``(ii) an analysis of economic, air quality, climactic and
other environmental effects associated with implementation of
the term, condition, or other requirement;
``(iii) a demonstration, based on evidence in the record of
the Commission, that the resource agency prepared the term,
condition, or other requirement in a manner that meets the
policy established by this part while discharging the
responsibilities of the resource agency under this part or
any other applicable requirement under Federal law; and
``(iv) a statement of whether the head of the applicable
Federal agency has rendered final approval of the term,
condition, or other requirement, or whether the term,
condition, or other requirement remains a preliminary
recommendation of staff of the resource agency; and
``(B) identifies all pending, scheduled, and anticipated
proceedings under this part that, as of the date of the
annual report, the resource agency expects to participate in,
or has any approval or participatory responsibilities for
under Federal law, including--
``(i) an accounting of whether the resource agency met all
deadlines or other milestones established by the resource
agency or the Commission during the reporting year; and
``(ii) the specific plans of the resource agency for
allocating sufficient resources for each project during the
upcoming year.
``(2) Availability.--Any resource agency preparing an
annual report to Congress under paragraph (1) shall establish
and maintain a publicly available website or comparable
resource that tracks all information required for the annual
report.''.
(j) Pilot Program.--
(1) In general.--The Commission (as the term is defined in
section 3 of the Federal Power Act (16 U.S.C. 796)) shall
establish a voluntary pilot program covering at least 1
region in which the Commission, in consultation with the
heads of cooperating agencies, shall direct a set of region-
wide studies to inform subsequent project-level studies
within each region.
(2) Designation.--Not later than 2 years after the date of
enactment of this Act, if the conditions under paragraph (3)
are met, the Commission, in consultation with the heads of
cooperating agencies, shall designate 1 or more regions to be
studied under this subsection.
(3) Voluntary basis.--The Commission may only designate
regions under paragraph (2) in which every licensee, on a
voluntary basis and in writing, agrees--
(A) to be included in the pilot program; and
(B) to any cost-sharing arrangement with other licensees
and applicable Federal and State agencies with respect to
conducting basin-wide studies.
(4) Scale.--The regions designated under paragraph (2)
shall--
(A) be at an adequately large scale to cover at least 5
existing projects that--
(i) are licensed under this part; and
(ii) the licenses of which shall expire not later than 15
years after the date of enactment of this section; and
(B) be likely to yield region-wide studies and information
that will significantly reduce the need for and scope of
subsequent project-level studies and information.
(5) Project license terms.--The Commission may extend the
term of any existing license within a region designated under
paragraph (2) by up to 8 years to provide sufficient time for
relevant region-wide studies to inform subsequent project-
level studies.
SEC. 3002. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
IMPROVEMENTS.
(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. 3003. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING CLARK CANYON DAM.
Notwithstanding the time period described 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 12429, the Federal Energy Regulatory Commission
(referred to in this section as the ``Commission'') shall, at
the request of the licensee for the project, and after
reasonable notice and in accordance with the procedures of
the Commission under that section, reinstate the license and
extend the time period during which the licensee is required
to commence construction of project works for the 3-year
period beginning on the date of enactment of this Act.
SEC. 3004. EXTENSION OF TIME FOR A FEDERAL ENERGY REGULATORY
COMMISSION PROJECT INVOLVING GIBSON DAM.
(a) In General.--Notwithstanding the requirements of
section 13 of the Federal Power Act (16 U.S.C. 806) that
would otherwise apply to the Federal Energy Regulatory
Commission project numbered 12478-003, the Federal Energy
Regulatory Commission (referred to in this section as the
``Commission'') may, at the request of the licensee for the
project, and after reasonable notice and in accordance with
the procedures of the Commission under that section, extend
the time period during which the licensee is required to
commence construction of the project for a 6-year period that
begins on the date described in subsection (b).
(b) Date Described.--The date described in this subsection
is the date of the expiration of the extension of the period
required for commencement of construction for the project
described in subsection (a) that was issued by the Commission
prior to the date of enactment of this Act under section 13
of the Federal Power Act (16 U.S.C. 806).
PART II--GEOTHERMAL
Subpart A--Geothermal Energy
SEC. 3005. NATIONAL GOALS FOR PRODUCTION AND SITE
IDENTIFICATION.
It is the sense of Congress that, not later than 10 years
after the date of enactment of this Act--
(1) the Secretary of the Interior shall seek to approve a
significant increase in new geothermal energy capacity on
public land across a geographically diverse set of States
using the full range of available technologies; and
(2) the Director of the Geological Survey and the Secretary
should identify sites capable of producing a total of 50,000
megawatts of geothermal power, using the full range of
available technologies.
SEC. 3006. PRIORITY AREAS FOR DEVELOPMENT ON FEDERAL LAND.
The Director of the Bureau of Land Management, in
consultation with other appropriate Federal agencies, shall--
(1) identify high priority areas for new geothermal
development; and
(2) take any actions the Director determines necessary to
facilitate that development, consistent with applicable laws.
SEC. 3007. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY
ON OIL AND GAS LEASES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for
[[Page S193]]
noncompetitive leasing under this section to the holder of
the oil and gas lease--
``(A) on a determination that--
``(i) geothermal energy will be produced from a well
producing or capable of producing oil and gas; and
``(ii) national energy security will be improved by the
issuance of such a lease; and
``(B) to provide for the coproduction of geothermal energy
with oil and gas.''.
SEC. 3008. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR
DEVELOPMENT OF GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) (as amended by section 3007) is amended by adding at
the end the following:
``(5) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term `fair market
value per acre' means a dollar amount per acre that--
``(I) except as provided in this clause, shall be equal to
the market value per acre (taking into account the
determination under subparagraph (B)(iii) regarding a valid
discovery on the adjoining land), as determined by the
Secretary under regulations issued under this paragraph;
``(II) shall be determined by the Secretary with respect to
a lease under this paragraph, by not later than the end of
the 180-day period beginning on the date the Secretary
receives an application for the lease; and
``(III) shall be not less than the greater of--
``(aa) 4 times the median amount paid per acre for all land
leased under this Act during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term `industry standards'
means the standards by which a qualified geothermal
professional assesses whether downhole or flowing temperature
measurements with indications of permeability are sufficient
to produce energy from geothermal resources, as determined
through flow or injection testing or measurement of lost
circulation while drilling.
``(iii) Qualified federal land.--The term `qualified
Federal land' means land that is otherwise available for
leasing under this Act.
``(iv) Qualified geothermal professional.--The term
`qualified geothermal professional' means an individual who
is an engineer or geoscientist in good professional standing
with at least 5 years of experience in geothermal
exploration, development, or project assessment.
``(v) Qualified lessee.--The term `qualified lessee' means
a person that is eligible to hold a geothermal lease under
this Act (including applicable regulations).
``(vi) Valid discovery.--The term `valid discovery' means a
discovery of a geothermal resource by a new or existing slim
hole or production well, that exhibits downhole or flowing
temperature measurements with indications of permeability
that are sufficient to meet industry standards.
``(B) Authority.--An area of qualified Federal land that
adjoins other land for which a qualified lessee holds a legal
right to develop geothermal resources may be available for a
noncompetitive lease under this section to the qualified
lessee at the fair market value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1 acre and not more than
640 acres; and
``(II) is not already leased under this Act or nominated to
be leased under subsection (a);
``(ii) the qualified lessee has not previously received a
noncompetitive lease under this paragraph in connection with
the valid discovery for which data has been submitted under
clause (iii)(I); and
``(iii) sufficient geological and other technical data
prepared by a qualified geothermal professional has been
submitted by the qualified lessee to the applicable Federal
land management agency that would lead individuals who are
experienced in the subject matter to believe that--
``(I) there is a valid discovery of geothermal resources on
the land for which the qualified lessee holds the legal right
to develop geothermal resources; and
``(II) that thermal feature extends into the adjoining
areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any request to lease land under
this paragraph;
``(II) determine fair market value for purposes of this
paragraph in accordance with procedures for making those
determinations that are established by regulations issued by
the Secretary;
``(III) provide to a qualified lessee and publish, with an
opportunity for public comment for a period of 30 days, any
proposed determination under this subparagraph of the fair
market value of an area that the qualified lessee seeks to
lease under this paragraph; and
``(IV) provide to the qualified lessee and any adversely
affected party the opportunity to appeal the final
determination of fair market value in an administrative
proceeding before the applicable Federal land management
agency, in accordance with applicable law (including
regulations).
``(ii) Limitation on nomination.--After publication of a
notice of request to lease land under this paragraph, the
Secretary may not accept under subsection (a) any nomination
of the land for leasing unless the request has been denied or
withdrawn.
``(iii) Annual rental.--For purposes of section 5(a)(3), a
lease awarded under this paragraph shall be considered a
lease awarded in a competitive lease sale.
``(D) Regulations.--Not later than 270 days after the date
of enactment of the Energy Policy Modernization Act of 2016,
the Secretary shall issue regulations to carry out this
paragraph.''.
SEC. 3009. LARGE-SCALE GEOTHERMAL ENERGY.
Title VI of the Energy Independence and Security Act of
2007 is amended by inserting after section 616 (42 U.S.C.
17195) the following:
``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the components, processes, and systems
used for geothermal heat pumps and the direct use of
geothermal energy; and
``(2) to increase the energy efficiency, lower the cost,
increase the use, and improve and demonstrate the
applicability of geothermal heat pumps to, and the direct use
of geothermal energy in, large buildings, commercial
districts, residential communities, and large municipal,
agricultural, or industrial projects.
``(b) Definitions.--In this section:
``(1) Direct use of geothermal energy.--The term `direct
use of geothermal energy' means systems that use water that
is at a temperature between approximately 38 degrees Celsius
and 149 degrees Celsius directly or through a heat exchanger
to provide--
``(A) heating to buildings; or
``(B) heat required for industrial processes, agriculture,
aquaculture, and other facilities.
``(2) Geothermal heat pump.--The term `geothermal heat
pump' means a system that provides heating and cooling by
exchanging heat from shallow ground or surface water using--
``(A) a closed loop system, which transfers heat by way of
buried or immersed pipes that contain a mix of water and
working fluid; or
``(B) an open loop system, which circulates ground or
surface water directly into the building and returns the
water to the same aquifer or surface water source.
``(3) Large-scale application.--The term `large-scale
application' means an application for space or process
heating or cooling for large entities with a name-plate
capacity, expected resource, or rating of 10 or more
megawatts, such as a large building, commercial district,
residential community, or a large municipal, agricultural, or
industrial project.
``(c) Program.--
``(1) In general.--The Secretary shall establish a program
of research, development, and demonstration for geothermal
heat pumps and the direct use of geothermal energy.
``(2) Areas.--The program may include research,
development, demonstration, and commercial application of--
``(A) geothermal ground loop efficiency improvements
through more efficient heat transfer fluids;
``(B) geothermal ground loop efficiency improvements
through more efficient thermal grouts for wells and trenches;
``(C) geothermal ground loop installation cost reduction
through--
``(i) improved drilling methods;
``(ii) improvements in drilling equipment;
``(iii) improvements in design methodology and energy
analysis procedures; and
``(iv) improved methods for determination of ground thermal
properties and ground temperatures;
``(D) installing geothermal ground loops near the
foundation walls of new construction to take advantage of
existing structures;
``(E) using gray or black wastewater as a method of heat
exchange;
``(F) improving geothermal heat pump system economics
through integration of geothermal systems with other building
systems, including providing hot and cold water and rejecting
or circulating industrial process heat through refrigeration
heat rejection and waste heat recovery;
``(G) advanced geothermal systems using variable pumping
rates to increase efficiency;
``(H) geothermal heat pump efficiency improvements;
``(I) use of hot water found in mines and mine shafts and
other surface waters as the heat exchange medium;
``(J) heating of districts, neighborhoods, communities,
large commercial or public buildings (including office,
retail, educational, government, and institutional buildings
and multifamily residential buildings and campuses), and
industrial and manufacturing facilities;
``(K) geothermal system integration with solar thermal
water heating or cool roofs and solar-regenerated desiccants
to balance loads and use building hot water to store
geothermal energy;
``(L) use of hot water coproduced from oil and gas
recovery;
``(M) use of water sources at a temperature of less than
150 degrees Celsius for direct use;
``(N) system integration of direct use with geothermal
electricity production; and
``(O) coproduction of heat and power, including on-site
use.
``(3) Environmental impacts.--In carrying out the program,
the Secretary shall identify and mitigate potential
environmental impacts in accordance with section 614(c).
``(d) Grants.--
``(1) In general.--The Secretary shall make grants
available to State and local
[[Page S194]]
governments, institutions of higher education, nonprofit
entities, utilities, and for-profit companies (including
manufacturers of heat-pump and direct-use components and
systems) to promote the development of geothermal heat pumps
and the direct use of geothermal energy.
``(2) Priority.--In making grants under this subsection,
the Secretary shall give priority to proposals that apply to
large buildings (including office, retail, educational,
government, institutional, and multifamily residential
buildings and campuses and industrial and manufacturing
facilities), commercial districts, and residential
communities.
``(3) National solicitation.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
conduct a national solicitation for applications for grants
under this section.
``(e) Reports.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section and annually thereafter, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science, Space,
and Technology of the House of Representatives a report on
progress made and results obtained under this section to
develop geothermal heat pumps and direct use of geothermal
energy.
``(2) Areas.--Each of the reports required under this
subsection shall include--
``(A) an analysis of progress made in each of the areas
described in subsection (c)(2); and
``(B)(i) a description of any relevant recommendations made
during a review of the program; and
``(ii) any plans to address the recommendations under
clause (i).''.
SEC. 3010. REPORT TO CONGRESS.
Not later than 3 years after the date of enactment of this
Act and not less frequently than once every 5 years
thereafter, the Secretary of the Interior and the Secretary
shall submit to Congress a report describing the progress
made towards achieving the goals described in section 3005.
SEC. 3011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart--
(1) $65,000,000 for fiscal year 2017; and
(2) $75,000,000 for each of fiscal years 2018 through 2021.
Subpart B--Geothermal Exploration
SEC. 3012. GEOTHERMAL EXPLORATION TEST PROJECTS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)
is amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definitions.--In this section:
``(1) Covered land.--The term `covered land' means land
that is--
``(A) subject to geothermal leasing in accordance with
section 3; and
``(B) not excluded from the development of geothermal
energy under--
``(i) a final land use plan established under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.);
``(ii) a final land and resource management plan
established under the National Forest Management Act of 1976
(16 U.S.C. 1600 et seq.); or
``(iii) any other applicable law.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to National Forest
System land; and
``(B) the Secretary, with respect to land managed by the
Bureau of Land Management (including land held for the
benefit of an Indian tribe).
``(b) NEPA Review of Geothermal Exploration Test
Projects.--
``(1) In general.--An eligible activity described in
paragraph (2) carried out on covered land shall be considered
an action categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation) if--
``(A) the action is for the purpose of geothermal resource
exploration operations; and
``(B) the action is conducted pursuant to this Act.
``(2) Eligible activity.--An eligible activity referred to
in paragraph (1) is--
``(A) a geophysical exploration activity that does not
require drilling, including a seismic survey;
``(B) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of geothermal
resources that--
``(i) is carried out by the holder of the lease;
``(ii) causes--
``(I) fewer than 5 acres of soil or vegetation disruption
at the location of each geothermal exploration well; and
``(II) not more than an additional 5 acres of soil or
vegetation disruption during access or egress to the project
site;
``(iii) is completed in fewer than 90 days, including the
removal of any surface infrastructure from the project site;
and
``(iv) requires the restoration of the project site not
later than 3 years after the date of completion of the
project to approximately the condition that existed at the
time the project began, unless--
``(I) the project site is subsequently used as part of
energy development on the lease; or
``(II) the project--
``(aa) yields geothermal resources; and
``(bb) the use of the geothermal resources will be carried
out under another geothermal generation project in existence
at the time of the discovery of the geothermal resources; or
``(C) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of geothermal
resources that--
``(i) causes an individual surface disturbance of fewer
than 5 acres if--
``(I) the total surface disturbance on the leased land is
not more than 150 acres; and
``(II) a site-specific analysis has been prepared under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(ii) involves the drilling of a geothermal well at a
location or well pad site at which drilling has occurred
within 5 years before the date of spudding the well; or
``(iii) involves the drilling of a geothermal well in a
developed field for which--
``(I) an approved land use plan or any environmental
document prepared under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) analyzed the drilling as a
reasonably foreseeable activity; and
``(II) the land use plan or environmental document was
approved within 10 years before the date of spudding the
well.
``(3) Limitation based on extraordinary circumstances.--The
categorical exclusion established under paragraph (1) shall
be subject to extraordinary circumstances in accordance with
the Departmental Manual, 516 DM 2.3A(3) and 516 DM 2,
Appendix 2 (or successor provisions).
``(c) Notice of Intent; Review and Determination.--
``(1) Requirement to provide notice.--Not later than 30
days before the date on which drilling begins, a leaseholder
intending to carry out an eligible activity shall provide
notice to the Secretary concerned.
``(2) Review of project.--Not later than 10 days after
receipt of a notice of intent provided under paragraph (1),
the Secretary concerned shall--
``(A) review the project described in the notice and
determine whether the project is an eligible activity; and
``(B)(i) if the project is an eligible activity, notify the
leaseholder that under subsection (b), the project is
considered a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
section 1508.4 of title 40, Code of Federal Regulations (or a
successor regulation); or
``(ii) if the project is not an eligible activity--
``(I) notify the leaseholder that section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) applies to the project;
``(II) include in that notification clear and detailed
findings on any deficiencies in the project that prevent the
application of subsection (b) to the project; and
``(III) provide an opportunity to the leaseholder to remedy
the deficiencies described in the notification before the
date on which the leaseholder plans to begin the project
under paragraph (1).''.
PART III--MARINE HYDROKINETIC
SEC. 3013. DEFINITION OF MARINE AND HYDROKINETIC RENEWABLE
ENERGY.
Section 632 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17211) is amended in the matter preceding
paragraph (1) by striking ``electrical''.
SEC. 3014. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
Section 633 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17212) is amended to read as follows:
``SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH
AND DEVELOPMENT.
``The Secretary, in consultation with the Secretary of the
Interior, the Secretary of Commerce, and the Federal Energy
Regulatory Commission, shall carry out a program of research,
development, demonstration, and commercial application to
accelerate the introduction of marine and hydrokinetic
renewable energy production into the United States energy
supply, giving priority to fostering accelerated research,
development, and commercialization of technology, including
programs--
``(1) to assist technology development to improve the
components, processes, and systems used for power generation
from marine and hydrokinetic renewable energy resources;
``(2) to establish critical testing infrastructure
necessary--
``(A) to cost effectively and efficiently test and prove
marine and hydrokinetic renewable energy devices; and
``(B) to accelerate the technological readiness and
commercialization of those devices;
``(3) to support efforts to increase the efficiency of
energy conversion, lower the cost, increase the use, improve
the reliability, and demonstrate the applicability of marine
and hydrokinetic renewable energy technologies by
participating in demonstration projects;
``(4) to investigate variability issues and the efficient
and reliable integration of marine and hydrokinetic renewable
energy with the utility grid;
[[Page S195]]
``(5) to identify and study critical short- and long-term
needs to create a sustainable marine and hydrokinetic
renewable energy supply chain based in the United States;
``(6) to increase the reliability and survivability of
marine and hydrokinetic renewable energy technologies;
``(7) to verify the performance, reliability,
maintainability, and cost of new marine and hydrokinetic
renewable energy device designs and system components in an
operating environment, and consider the protection of
critical infrastructure, such as adequate separation between
marine and hydrokinetic devices and projects and submarine
telecommunications cables, including consideration of
established industry standards;
``(8) to coordinate and avoid duplication of activities
across programs of the Department and other applicable
Federal agencies, including National Laboratories and to
coordinate public-private collaboration in all programs under
this section;
``(9) to identify opportunities for joint research and
development programs and development of economies of scale
between--
``(A) marine and hydrokinetic renewable energy
technologies; and
``(B) other renewable energy and fossil energy programs,
offshore oil and gas production activities, and activities of
the Department of Defense; and
``(10) to support in-water technology development with
international partners using existing cooperative procedures
(including memoranda of understanding)--
``(A) to allow cooperative funding and other support of
value to be exchanged and leveraged; and
``(B) to encourage the participation of international
research centers and companies within the United States and
the participation of United States research centers and
companies in international projects.''.
SEC. 3015. NATIONAL MARINE RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.
Section 634 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17213) is amended by striking subsection (b)
and inserting the following:
``(b) Purposes.--A Center (in coordination with the
Department and National Laboratories) shall--
``(1) advance research, development, demonstration, and
commercial application of marine and hydrokinetic renewable
energy technologies;
``(2) support in-water testing and demonstration of marine
and hydrokinetic renewable energy technologies, including
facilities capable of testing--
``(A) marine and hydrokinetic renewable energy systems of
various technology readiness levels and scales;
``(B) a variety of technologies in multiple test berths at
a single location; and
``(C) arrays of technology devices; and
``(3) serve as information clearinghouses for the marine
and hydrokinetic renewable energy industry by collecting and
disseminating information on best practices in all areas
relating to developing and managing marine and hydrokinetic
renewable energy resources and energy systems.''.
SEC. 3016. AUTHORIZATION OF APPROPRIATIONS.
Section 636 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17215) is amended by striking ``$50,000,000
for each of the fiscal years 2008 through 2012'' and
inserting ``$55,000,000 for each of fiscal years 2017 and
2018 and $60,000,000 for each of fiscal years 2019 through
2021''.
PART IV--BIOMASS
SEC. 3017. BIO-POWER.
(a) Woody Biomass Heat and Bio-power Initiative.--
(1) Definitions of woody biomass heat and bio-power.--
Section 9008(a) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108(a)) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Bio-power.--The term `bio-power' means the use of
woody biomass to generate electricity.
``(3) Board.--The term `Board' means the Biomass Research
and Development Board.''; and
(C) by adding at the end the following:
``(6) Woody biomass heat.--The term `woody biomass heat'
means the use of woody biomass to generate heat.''.
(2) Biomass research and development board.--Section
9008(c)(3)(A) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108(c)(3)(A)) is amended by striking
``biofuels and biobased products'' and inserting ``biofuels,
biobased products, bio-power, and woody biomass heat
projects''.
(3) Woody biomass heat and bio-power grants.--Section 9008
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8108) is amended--
(A) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(B) by inserting after subsection (e) the following:
``(f) Woody Biomass Heat and Bio-power Grants.--
``(1) Establishment.--The Secretary of Agriculture and the
Secretary of Energy, in consultation with the Board, shall
establish a program under which the Secretary of Agriculture
and the Secretary of Energy shall provide grants to relevant
projects to support innovation and market development in
woody biomass heat and bio-power.
``(2) Applications.--To be eligible to receive a grant
under this subsection, the owner or operator of a relevant
project shall submit to the Secretary of Agriculture and the
Secretary of Energy an application at such time, in such
manner, and containing such information as the Secretary of
Agriculture and the Secretary of Energy may require.
``(3) Allocation.--Of the amounts appropriated to carry out
this subsection, the Secretary of Agriculture and the
Secretary of Energy shall not provide more than--
``(A) $15,000,000 for projects that develop innovative
techniques for preprocessing biomass for woody biomass heat
and bio-power, with the goals of lowering the costs of--
``(i) distributed preprocessing technologies, including
technologies designed to promote densification, torrefaction,
and the broader commoditization of bioenergy feedstocks; and
``(ii) transportation; and
``(B) $15,000,000 for innovative woody biomass heat and
bio-power demonstration projects, including--
``(i) district energy projects;
``(ii) innovation in transportation; and
``(iii) projects addressing the challenges of retrofitting
existing coal-fired electricity generation facilities to use
biomass.
``(4) Regional distribution.--In selecting projects to
receive grants under this subsection, the Secretary of
Agriculture and the Secretary of Energy shall ensure, to the
maximum extent practicable, diverse geographical distribution
among the projects.
``(5) Cost share.--The Federal share of the cost of a
project carried out using a grant under this subsection shall
be 50 percent.
``(6) Duties of recipients.--As a condition of receiving a
grant under this subsection, the owner or operator of a
project shall--
``(A) participate in the applicable working group under
paragraph (7);
``(B) submit to the Secretary of Agriculture and the
Secretary of Energy a report that includes--
``(i) a description of the project and any relevant
findings; and
``(ii) such other information as the Secretary of
Agriculture and the Secretary of Energy determine to be
necessary to complete the report of the Secretary under
paragraph (9); and
``(C) carry out such other activities as the Secretary of
Agriculture and the Secretary of Energy determine to be
necessary.
``(7) Working groups.--The Secretary of Agriculture and the
Secretary of Energy shall establish 2 working groups to share
best practices and collaborate in project implementation, of
which--
``(A) 1 shall be comprised of representatives of projects
that receive grants under paragraph (3)(A); and
``(B) 1 shall be comprised of representatives of projects
that receive grants under paragraph (3)(B).
``(8) Inclusion of oilseed crops.--A grant may be provided
under this subsection to relevant projects to support
innovation and market development in oilseed crops.
``(9) Reports.--Not later than 5 years after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of Energy shall submit to Congress a report
describing--
``(A) each project for which a grant has been provided
under this subsection;
``(B) any findings as a result of those projects; and
``(C) the state of market and technology development,
including market barriers and opportunities.''.
(b) Loan Programs; Strategic Analysis and Research.--
(1) Low-interest loans.--
(A) Establishment.--The Secretary of Agriculture shall
establish, within the Rural Development Office, a low-
interest loan program to support construction of residential,
commercial or institutional, and industrial woody biomass
heat and bio-power systems.
(B) Requirements.--The program under this subsection shall
be carried out in accordance with such requirements as the
Secretary of Agriculture may establish, by regulation, in
taking into consideration best practices.
(C) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out this subsection $50,000,000.
(2) Energy efficiency and conservation loan program.--In
addition to loans under paragraph (1), woody biomass heat
residential, commercial or institutional, and industrial wood
energy systems shall be eligible to receive loans under the
energy efficiency and conservation loan program of the
Department of Agriculture under section 2 of the Rural
Electrification Act of 1936 (7 U.S.C. 902).
Subtitle B--Oil and Gas
SEC. 3101. AMENDMENTS TO THE METHANE HYDRATE RESEARCH AND
DEVELOPMENT ACT OF 2000.
(a) Methane Hydrate Research and Development Program.--
(1) In general.--Section 4 of the Methane Hydrate Research
and Development Act of 2000 (30 U.S.C. 2003) is amended by
striking subsection (b) and inserting the following:
``(b) Grants, Contracts, Cooperative Agreements,
Interagency Funds Transfer Agreements, and Field Work
Proposals.--
``(1) Assistance and coordination.--In carrying out the
program of methane hydrate research and development
authorized
[[Page S196]]
by this section, the Secretary may award grants to, or enter
into contracts or cooperative agreements with, institutions--
``(A) to conduct basic and applied research--
``(i) to identify, explore, assess, and develop methane
hydrate as a commercially viable source of energy; and
``(ii) to identify the environmental, health, and safety
impacts of methane hydrate development;
``(B) to identify and characterize methane hydrate
resources using remote sensing and seismic data, including
the characterization of hydrate concentrations in marine
reservoirs in the Gulf of Mexico or the Atlantic Ocean Basin
by the date that is 4 years after the date of enactment of
the Energy Policy Modernization Act of 2016;
``(C) to develop technologies required for efficient and
environmentally sound development of methane hydrate
resources;
``(D) to conduct basic and applied research to assess and
mitigate the environmental impact of hydrate degassing
(including natural degassing and degassing associated with
commercial development);
``(E) to develop technologies to reduce the risks of
drilling through methane hydrates;
``(F) to conduct exploratory drilling, well testing, and
production testing operations on permafrost and nonpermafrost
gas hydrates in support of the activities authorized by this
paragraph, including--
``(i) drilling of a test well and performing a long-term
hydrate production test on land in the United States Arctic
region by the date that is 4 years after the date of
enactment of the Energy Policy Modernization Act of 2016;
``(ii) drilling of a test well and performing a long-term
hydrate production test in a marine environment by the date
that is 10 years after the date of enactment of the Energy
Policy Modernization Act of 2016; and
``(iii) drilling a full-scale production test well at a
location to be determined by the Secretary; or
``(G) to expand education and training programs in methane
hydrate resource research and resource development through
fellowships or other means for graduate education and
training.
``(2) Environmental monitoring and research.--The Secretary
shall conduct a long-term environmental monitoring and
research program to study the effects of production from
methane hydrate reservoirs.
``(3) Competitive peer review.--Funds made available under
paragraphs (1) and (2) shall be made available based on a
competitive process using external scientific peer review of
proposed research.''.
(2) Conforming amendment.--Section 4(e) of the Methane
Hydrate Research and Development Act of 2000 (30 U.S.C.
2003(e)) is amended in the matter preceding paragraph (1) by
striking ``subsection (b)(1)'' and inserting ``paragraphs (1)
and (2) of subsection (b)''.
(b) Authorization of Appropriations.--The Methane Hydrate
Research and Development Act of 2000 is amended by striking
section 7 (30 U.S.C. 2006) and inserting the following:
``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this
Act $35,000,000 for each of fiscal years 2017 through
2021.''.
SEC. 3102. LIQUEFIED NATURAL GAS STUDY.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the National Association of Regulatory Utility Commissioners
and the National Association of State Energy Officials, shall
conduct a study of the State, regional, and national
implications of exporting liquefied natural gas with respect
to consumers and the economy.
(2) Contents.--The study conducted under paragraph (1)
shall include an analysis of--
(A) the economic impact that exporting liquefied natural
gas will have in regions that currently import liquefied
natural gas;
(B) job creation in the manufacturing sectors; and
(C) such other issues as the Secretary considers
appropriate.
(b) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit
to Congress a report on the results of the study conducted
under subsection (a).
SEC. 3103. FERC PROCESS COORDINATION WITH RESPECT TO
REGULATORY APPROVAL OF GAS PROJECTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--
(A) In general.--The term ``Federal authorization'' means
any authorization required under Federal law with respect to
an application for authorization or a certificate of public
convenience and necessity relating to gas transportation
subject to the jurisdiction of the Commission.
(B) Inclusions.--The term ``Federal authorization''
includes any permits, special use authorizations,
certifications, opinions, or other approvals as may be
required under Federal law with respect to an application for
authorization or a certificate of public convenience and
necessity relating to gas transportation subject to the
jurisdiction of the Commission.
(b) Designation as Lead Agency.--
(1) In general.--The Commission shall act as the lead
agency for the purposes of--
(A) coordinating all applicable Federal authorizations; and
(B) compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) Other agencies.--Each Federal and State agency
considering an aspect of an application for Federal
authorization shall cooperate with the Commission.
(c) Schedule.--
(1) Timing for issuance.--It is the sense of Congress that
all Federal authorizations required for a project or facility
should be issued by not later than the date that is 90 days
after the date on which an application is considered to be
complete by the Commission.
(2) Commission schedule.--
(A) In general.--The Commission shall establish a schedule
for the issuance of all Federal authorizations.
(B) Requirements.--In establishing the schedule under
subparagraph (A), the Commission shall--
(i) consult and cooperate with the Federal and State
agencies responsible for a Federal authorization;
(ii) ensure the expeditious completion of all proceedings
relating to a Federal authorization; and
(iii) comply with applicable schedules established under
Federal law with respect to a Federal authorization.
(3) Resolution of interagency disputes.--If the Federal
agency with responsibility fails to adhere to the schedule
established by the Commission under paragraph (2), or if a
Federal authorization has been unreasonably denied, or if a
Federal authorization would be inconsistent with the purposes
of this section or other applicable law, the Commission shall
refer the matter to the Chairman of the Council on
Environmental Quality--
(A) to ensure timely participation;
(B) to ensure a timely decision;
(C) to mediate the dispute; or
(D) to refer the matter to the President.
(d) Consolidated Record.--The Commission shall maintain
official consolidated records of all license proceedings
under this section.
(e) Deference to Commission.--In making a decision with
respect to a Federal authorization, each agency shall give
deference, to the maximum extent authorized by law, to the
scope of environmental review that the Commission determines
to be appropriate.
(f) Concurrent Reviews.--Pursuant to the schedule
established under subsection (c)(2), each agency considering
an aspect of an application for Federal authorization shall--
(1) to the maximum extent authorized by law, 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;
(2) formulate and implement administrative, policy, and
procedural mechanisms to enable the agency to complete the
required Federal authorizations in accordance with the
schedule described in subsection (c); and
(3) transmit to the Commission a statement--
(A) acknowledging notice of the schedule described in
subsection (c); and
(B) describing the plan formulated under paragraph (2).
(g) Failure to Meet Deadline.--If an agency does not
complete a proceeding for an approval that is required for a
Federal authorization in accordance with the schedule
described in subsection (c), the head of the relevant Federal
agency (including, in the case of a failure by the State
agency or unit of local government, the Federal agency
overseeing the delegated authority) shall--
(1) notify Congress and the Commission of the failure; and
(2) describe in that notification an implementation plan to
ensure completion.
(h) Accountability; Transparency; Efficiency.--
(1) In general.--For applications requiring multiple
Federal authorizations, the Commission, in consultation with
any agency considering an aspect of the application, shall
track and make available to the public on the website of the
Commission information relating to the actions required to
complete permitting, reviews, and other requirements.
(2) Inclusions.--Information tracked under paragraph (1)
shall include the following:
(A) The schedule described in subsection (c).
(B) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other
requirements necessary to obtain a final decision on the
Federal authorization.
(C) The expected completion date for each action listed
under subparagraph (B).
(D) A point of contact at the agency accountable for each
action listed under subparagraph (B).
(E) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the
reason for the delay.
SEC. 3104. PILOT PROGRAM.
(a) Establishment.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management
(referred to in this section as the ``Director''), shall
establish a pilot program in 1 State with at least 2,000 oil
and gas drilling spacing units (as defined under State law),
in which--
(1) 25 percent or less of the minerals are owned or held in
trust by the Federal Government; and
[[Page S197]]
(2) there is no surface land owned or held in trust by the
Federal Government.
(b) Activities.--In carrying out the pilot program, the
Director shall identify and implement ways to streamline the
review and approval of Applications for Permits to Drill for
oil and gas drilling spacing units of the State in order to
achieve a processing time for those oil and gas drilling
spacing units similar to that of spacing units that require
an Application for Permit to Drill and are not part of the
pilot program in the same State.
(c) Funding.--Beginning in fiscal year 2016, and for a
period of 3 years thereafter, to carry out the pilot program
efficiently, the Director may fund up to 10 full-time
equivalents at appropriate field offices.
(d) Report.--Not later than 4 years after the date of
enactment of this Act, the Director shall submit to Congress
a report on the results of the pilot program.
(e) Waiver.--The Secretary of the Interior may waive the
requirement for an Application for Permit to Drill if the
Director determines that the mineral interest of the United
States in the spacing units in land covered by this section
is adequately protected, if otherwise in accordance with
applicable laws, regulations, and lease terms.
Subtitle C--Helium
SEC. 3201. RIGHTS TO HELIUM.
(a) Definition of Helium-related Project.--The term
``helium-related project'' means a project--
(1) to explore or produce crude helium; and
(2) to sell crude or refined helium.
(b) Expedited Completion.--Notwithstanding any other
provision of law, applicable environmental reviews under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for helium-related projects shall be completed on an
expeditious basis and the shortest existing applicable
process under that Act shall be used for such projects.
(c) Repeal of Reservation of Helium Rights.--The first
section of the Mineral Leasing Act (30 U.S.C. 181) is amended
by striking the flush text that follows the last undesignated
subsection.
(d) Rights to Helium Under Leases Under Mineral Leasing Act
for Acquired Lands.--The Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) is amended by adding at the end
the following:
``SEC. 12. RIGHTS TO HELIUM.
``Any lease issued under this Act that authorizes
exploration for, or development or production of, gas shall
be considered to grant to the lessee a right of first refusal
to engage in exploration for, and development and production
of, helium on land that is subject to the lease in accordance
with regulations issued by the Secretary.''.
Subtitle D--Critical Minerals
SEC. 3301. DEFINITIONS.
In this subtitle:
(1) Critical mineral.--
(A) In general.--The term ``critical mineral'' means any
mineral, element, substance, or material designated as
critical pursuant to section 3303.
(B) Exclusions.--The term ``critical mineral'' does not
include--
(i) fuel minerals, including oil, natural gas, or any other
fossil fuels; or
(ii) water, ice, or snow.
(2) Critical mineral manufacturing.--The term ``critical
mineral manufacturing'' means--
(A) the production, processing, refining, alloying,
separation, concentration, magnetic sintering, melting, or
beneficiation of critical minerals within the United States;
(B) the fabrication, assembly, or production, within the
United States, of equipment, components, or other goods with
energy technology-, defense-, agriculture-, consumer
electronics-, or health care-related applications; or
(C) any other value-added, manufacturing-related use of
critical minerals undertaken within the United States.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
SEC. 3302. POLICY.
(a) In General.--Section 3 of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1602) is amended in the second sentence--
(1) by striking paragraph (3) and inserting the following:
``(3) establish an analytical and forecasting capability
for identifying critical mineral demand, supply, and other
factors to allow informed actions to be taken to avoid supply
shortages, mitigate price volatility, and prepare for demand
growth and other market shifts;'';
(2) in paragraph (6), by striking ``and'' after the
semicolon at the end; and
(3) by striking paragraph (7) and inserting the following:
``(7) encourage Federal agencies to facilitate the
availability, development, and environmentally responsible
production of domestic resources to meet national material or
critical mineral needs;
``(8) avoid duplication of effort, prevent unnecessary
paperwork, and minimize delays in the administration of
applicable laws (including regulations) and the issuance of
permits and authorizations necessary to explore for, develop,
and produce critical minerals and to construct critical
mineral manufacturing facilities in accordance with
applicable environmental and land management laws;
``(9) strengthen educational and research capabilities and
workforce training;
``(10) bolster international cooperation through technology
transfer, information sharing, and other means;
``(11) promote the efficient production, use, and recycling
of critical minerals;
``(12) develop alternatives to critical minerals; and
``(13) establish contingencies for the production of, or
access to, critical minerals for which viable sources do not
exist within the United States.''.
(b) Conforming Amendment.--Section 2(b) of the National
Materials and Minerals Policy, Research and Development Act
of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As
used in this Act, the term'' and inserting the following:
``(b) Definitions.--In this Act:
``(1) Critical mineral.--The term `critical mineral' means
any mineral or element designated as a critical mineral
pursuant to section 3303 of the Energy Policy Modernization
Act of 2016.
``(2) Materials.--The term''.
SEC. 3303. CRITICAL MINERAL DESIGNATIONS.
(a) Draft Methodology.--Not later than 90 days after the
date of enactment of this Act, the Secretary of the Interior
(acting through the Director of the United States Geological
Survey) (referred to in this subtitle as the ``Secretary''),
in consultation with relevant Federal agencies and entities,
shall publish in the Federal Register for public comment a
draft methodology for determining which minerals qualify as
critical minerals based on an assessment of whether the
minerals are--
(1) subject to potential supply restrictions (including
restrictions associated with foreign political risk, abrupt
demand growth, military conflict, violent unrest, anti-
competitive or protectionist behaviors, and other risks
throughout the supply chain); and
(2) important in use (including energy technology-,
defense-, currency-, agriculture-, consumer electronics-, and
health care-related applications).
(b) Availability of Data.--If available data is
insufficient to provide a quantitative basis for the
methodology developed under this section, qualitative
evidence may be used to the extent necessary.
(c) Final Methodology.--After reviewing public comments on
the draft methodology under subsection (a) and updating the
draft methodology as appropriate, not later than 270 days
after the date of enactment of this Act, the Secretary shall
publish in the Federal Register a description of the final
methodology for determining which minerals qualify as
critical minerals.
(d) Designations.--
(1) In general.--For purposes of carrying out this
subtitle, the Secretary shall maintain a list of minerals and
elements designated as critical, pursuant to the methodology
under subsection (c).
(2) Initial list.--Subject to paragraph (1), not later than
1 year after the date of enactment of this Act, the Secretary
shall publish in the Federal Register an initial list of
minerals designated as critical pursuant to the final
methodology under subsection (c) for the purpose of carrying
out this subtitle.
(3) Inclusions.--Notwithstanding the criteria under
subsection (c), the Secretary may designate and include on
the list any mineral or element determined by another Federal
agency to be strategic and critical to the defense or
national security of the United States.
(e) Subsequent Review.--
(1) In general.--The Secretary shall review the methodology
and designations under subsections (c) and (d) at least every
3 years, or more frequently as the Secretary considers to be
appropriate.
(2) Revisions.--Subject to subsection (d)(1), the Secretary
may--
(A) revise the methodology described in this section;
(B) determine that minerals or elements previously
determined to be critical minerals are no longer critical
minerals; and
(C) designate additional minerals or elements as critical
minerals.
(f) Notice.--On finalization of the methodology under
subsection (c), the list under subsection (d), or any
revision to the methodology or list under subsection (e), the
Secretary shall submit to Congress written notice of the
action.
SEC. 3304. RESOURCE ASSESSMENT.
(a) In General.--Not later than 4 years after the date of
enactment of this Act, in consultation with applicable State
(including geological surveys), local, academic, industry,
and other entities, the Secretary shall complete a
comprehensive national assessment of each critical mineral
that--
(1) identifies and quantifies known critical mineral
resources, using all available public and private information
and datasets, including exploration histories; and
(2) provides a quantitative and qualitative assessment of
undiscovered critical mineral resources throughout the United
States, including probability estimates of tonnage and grade,
using all available public and private
[[Page S198]]
information and datasets, including exploration histories.
(b) Supplementary Information.--In carrying out this
section, the Secretary may carry out surveys and field work
(including drilling, remote sensing, geophysical surveys,
geological mapping, and geochemical sampling and analysis) to
supplement existing information and datasets available for
determining the existence of critical minerals in the United
States.
(c) Technical Assistance.--At the request of the Governor
of a State or the head of an Indian tribe, the Secretary may
provide technical assistance to State governments and Indian
tribes conducting critical mineral resource assessments on
non-Federal land.
(d) Prioritization.--
(1) In general.--The Secretary may sequence the completion
of resource assessments for each critical mineral such that
critical minerals considered to be most critical under the
methodology established under section 3303 are completed
first.
(2) Reporting.--During the period beginning not later than
1 year after the date of enactment of this Act and ending on
the date of completion of all of the assessments required
under this section, the Secretary shall submit to Congress on
an annual basis an interim report that--
(A) identifies the sequence and schedule for completion of
the assessments if the Secretary sequences the assessments;
or
(B) describes the progress of the assessments if the
Secretary does not sequence the assessments.
(e) Updates.--The Secretary may periodically update the
assessments conducted under this section based on--
(1) the generation of new information or datasets by the
Federal Government; or
(2) the receipt of new information or datasets from
critical mineral producers, State geological surveys,
academic institutions, trade associations, or other persons.
(f) Additional Surveys.--The Secretary shall complete a
resource assessment for each additional mineral or element
subsequently designated as a critical mineral under section
3303(e)(2) not later than 2 years after the designation of
the mineral or element.
(g) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the status of geological surveying of
Federal land for any mineral commodity--
(1) for which the United States was dependent on a foreign
country for more than 25 percent of the United States supply,
as depicted in the report issued by the United States
Geological Survey entitled ``Mineral Commodity Summaries
2015''; but
(2) that is not designated as a critical mineral under
section 3303.
SEC. 3305. PERMITTING.
(a) Performance Improvements.--To improve the quality and
timeliness of decisions, the Secretary (acting through the
Director of the Bureau of Land Management) and the Secretary
of Agriculture (acting through the Chief of the Forest
Service) (referred to in this section as the ``Secretaries'')
shall, to the maximum extent practicable, with respect to
critical mineral production on Federal land, complete Federal
permitting and review processes with maximum efficiency and
effectiveness, while supporting vital economic growth, by--
(1) establishing and adhering to timelines and schedules
for the consideration of, and final decisions regarding,
applications, operating plans, leases, licenses, permits, and
other use authorizations for mineral-related activities on
Federal land;
(2) establishing clear, quantifiable, and temporal
permitting performance goals and tracking progress against
those goals;
(3) engaging in early collaboration among agencies, project
sponsors, and affected stakeholders--
(A) to incorporate and address the interests of those
parties; and
(B) to minimize delays;
(4) ensuring transparency and accountability by using cost-
effective information technology to collect and disseminate
information regarding individual projects and agency
performance;
(5) engaging in early and active consultation with State,
local, and Indian tribal governments to avoid conflicts or
duplication of effort, resolve concerns, and allow for
concurrent, rather than sequential, reviews;
(6) providing demonstrable improvements in the performance
of Federal permitting and review processes, including lower
costs and more timely decisions;
(7) expanding and institutionalizing permitting and review
process improvements that have proven effective;
(8) developing mechanisms to better communicate priorities
and resolve disputes among agencies at the national,
regional, State, and local levels; and
(9) developing other practices, such as preapplication
procedures.
(b) Review and Report.--Not later than 1 year after the
date of enactment of this Act, the Secretaries shall submit
to Congress a report that--
(1) identifies additional measures (including regulatory
and legislative proposals, as appropriate) that would
increase the timeliness of permitting activities for the
exploration and development of domestic critical minerals;
(2) identifies options (including cost recovery paid by
permit applicants) for ensuring adequate staffing and
training of Federal entities and personnel responsible for
the consideration of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land;
(3) quantifies the amount of time typically required
(including range derived from minimum and maximum durations,
mean, median, variance, and other statistical measures or
representations) to complete each step (including those
aspects outside the control of the executive branch, such as
judicial review, applicant decisions, or State and local
government involvement) associated with the development and
processing of applications, operating plans, leases,
licenses, permits, and other use authorizations for critical
mineral-related activities on Federal land, which shall serve
as a baseline for the performance metric under subsection
(c); and
(4) describes actions carried out pursuant to subsection
(a).
(c) Performance Metric.--Not later than 90 days after the
date of submission of the report under subsection (b), the
Secretaries, after providing public notice and an opportunity
to comment, shall develop and publish a performance metric
for evaluating the progress made by the executive branch to
expedite the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals, while maintaining environmental standards.
(d) Annual Reports.--Beginning with the first budget
submission by the President under section 1105 of title 31,
United States Code, after publication of the performance
metric required under subsection (c), and annually
thereafter, the Secretaries shall submit to Congress a report
that--
(1) summarizes the implementation of recommendations,
measures, and options identified in paragraphs (1) and (2) of
subsection (b);
(2) using the performance metric under subsection (c),
describes progress made by the executive branch, as compared
to the baseline established pursuant to subsection (b)(3), on
expediting the permitting of activities that will increase
exploration for, and development of, domestic critical
minerals; and
(3) compares the United States to other countries in terms
of permitting efficiency and any other criteria relevant to
the globally competitive critical minerals industry.
(e) Individual Projects.--Using data from the Secretaries
generated under subsection (d), the Director of the Office of
Management and Budget shall prioritize inclusion of
individual critical mineral projects on the website operated
by the Office of Management and Budget in accordance with
section 1122 of title 31, United States Code.
(f) Report of Small Business Administration.--Not later
than 1 year and 300 days after the date of enactment of this
Act, the Administrator of the Small Business Administration
shall submit to the applicable committees of Congress a
report that assesses the performance of Federal agencies with
respect to--
(1) complying with chapter 6 of title 5, United States Code
(commonly known as the ``Regulatory Flexibility Act''), in
promulgating regulations applicable to the critical minerals
industry; and
(2) performing an analysis of regulations applicable to the
critical minerals industry that may be outmoded, inefficient,
duplicative, or excessively burdensome.
SEC. 3306. FEDERAL REGISTER PROCESS.
(a) Departmental Review.--Absent any extraordinary
circumstance, and except as otherwise required by law, the
Secretary and the Secretary of Agriculture shall ensure that
each Federal Register notice described in subsection (b)
shall be--
(1) subject to any required reviews within the Department
of the Interior or the Department of Agriculture; and
(2) published in final form in the Federal Register not
later than 45 days after the date of initial preparation of
the notice.
(b) Preparation.--The preparation of Federal Register
notices required by law associated with the issuance of a
critical mineral exploration or mine permit shall be
delegated to the organizational level within the agency
responsible for issuing the critical mineral exploration or
mine permit.
(c) Transmission.--All Federal Register notices regarding
official document availability, announcements of meetings, or
notices of intent to undertake an action shall be originated
in, and transmitted to the Federal Register from, the office
in which, as applicable--
(1) the documents or meetings are held; or
(2) the activity is initiated.
SEC. 3307. RECYCLING, EFFICIENCY, AND ALTERNATIVES.
(a) Establishment.--The Secretary of Energy (referred to in
this section as the ``Secretary'') shall conduct a program of
research and development--
(1) to promote the efficient production, use, and recycling
of critical minerals throughout the supply chain; and
(2) to develop alternatives to critical minerals that do
not occur in significant abundance in the United States.
(b) Cooperation.--In carrying out the program, the
Secretary shall cooperate with appropriate--
(1) Federal agencies and National Laboratories;
(2) critical mineral producers;
(3) critical mineral processors;
(4) critical mineral manufacturers;
(5) trade associations;
(6) academic institutions;
(7) small businesses; and
[[Page S199]]
(8) other relevant entities or individuals.
(c) Activities.--Under the program, the Secretary shall
carry out activities that include the identification and
development of--
(1) advanced critical mineral extraction, production,
separation, alloying, or processing technologies that
decrease the energy consumption, environmental impact, and
costs of those activities, including--
(A) efficient water and wastewater management strategies;
(B) technologies and management strategies to control the
environmental impacts of radionuclides in ore tailings; and
(C) technologies for separation and processing;
(2) technologies or process improvements that minimize the
use, or lead to more efficient use, of critical minerals
across the full supply chain;
(3) technologies, process improvements, or design
optimizations that facilitate the recycling of critical
minerals, and options for improving the rates of collection
of products and scrap containing critical minerals from post-
consumer, industrial, or other waste streams;
(4) commercial markets, advanced storage methods, energy
applications, and other beneficial uses of critical minerals
processing byproducts;
(5) alternative minerals, metals, and materials,
particularly those available in abundance within the United
States and not subject to potential supply restrictions, that
lessen the need for critical minerals; and
(6) alternative energy technologies or alternative designs
of existing energy technologies, particularly those that use
minerals that--
(A) occur in abundance in the United States; and
(B) are not subject to potential supply restrictions.
(d) Reports.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report summarizing the activities,
findings, and progress of the program.
SEC. 3308. ANALYSIS AND FORECASTING.
(a) Capabilities.--In order to evaluate existing critical
mineral policies and inform future actions that may be taken
to avoid supply shortages, mitigate price volatility, and
prepare for demand growth and other market shifts, the
Secretary, in consultation with the Energy Information
Administration, academic institutions, and others in order to
maximize the application of existing competencies related to
developing and maintaining computer-models and similar
analytical tools, shall conduct and publish the results of an
annual report that includes--
(1) as part of the annually published Mineral Commodity
Summaries from the United States Geological Survey, a
comprehensive review of critical mineral production,
consumption, and recycling patterns, including--
(A) the quantity of each critical mineral domestically
produced during the preceding year;
(B) the quantity of each critical mineral domestically
consumed during the preceding year;
(C) market price data or other price data for each critical
mineral;
(D) an assessment of--
(i) critical mineral requirements to meet the national
security, energy, economic, industrial, technological, and
other needs of the United States during the preceding year;
(ii) the reliance of the United States on foreign sources
to meet those needs during the preceding year; and
(iii) the implications of any supply shortages,
restrictions, or disruptions during the preceding year;
(E) the quantity of each critical mineral domestically
recycled during the preceding year;
(F) the market penetration during the preceding year of
alternatives to each critical mineral;
(G) a discussion of international trends associated with
the discovery, production, consumption, use, costs of
production, prices, and recycling of each critical mineral as
well as the development of alternatives to critical minerals;
and
(H) such other data, analyses, and evaluations as the
Secretary finds are necessary to achieve the purposes of this
section; and
(2) a comprehensive forecast, entitled the ``Annual
Critical Minerals Outlook'', of projected critical mineral
production, consumption, and recycling patterns, including--
(A) the quantity of each critical mineral projected to be
domestically produced over the subsequent 1-year, 5-year, and
10-year periods;
(B) the quantity of each critical mineral projected to be
domestically consumed over the subsequent 1-year, 5-year, and
10-year periods;
(C) an assessment of--
(i) critical mineral requirements to meet projected
national security, energy, economic, industrial,
technological, and other needs of the United States;
(ii) the projected reliance of the United States on foreign
sources to meet those needs; and
(iii) the projected implications of potential supply
shortages, restrictions, or disruptions;
(D) the quantity of each critical mineral projected to be
domestically recycled over the subsequent 1-year, 5-year, and
10-year periods;
(E) the market penetration of alternatives to each critical
mineral projected to take place over the subsequent 1-year,
5-year, and 10-year periods;
(F) a discussion of reasonably foreseeable international
trends associated with the discovery, production,
consumption, use, costs of production, and recycling of each
critical mineral as well as the development of alternatives
to critical minerals; and
(G) such other projections relating to each critical
mineral as the Secretary determines to be necessary to
achieve the purposes of this section.
(b) Proprietary Information.--In preparing a report
described in subsection (a), the Secretary shall ensure,
consistent with section 5(f) of the National Materials and
Minerals Policy, Research and Development Act of 1980 (30
U.S.C. 1604(f)), that--
(1) no person uses the information and data collected for
the report for a purpose other than the development of or
reporting of aggregate data in a manner such that the
identity of the person or firm who supplied the information
is not discernible and is not material to the intended uses
of the information;
(2) no person discloses any information or data collected
for the report unless the information or data has been
transformed into a statistical or aggregate form that does
not allow the identification of the person or firm who
supplied particular information; and
(3) procedures are established to require the withholding
of any information or data collected for the report if the
Secretary determines that withholding is necessary to protect
proprietary information, including any trade secrets or other
confidential information.
SEC. 3309. EDUCATION AND WORKFORCE.
(a) Workforce Assessment.--Not later than 1 year and 300
days after the date of enactment of this Act, the Secretary
of Labor (in consultation with the Secretary, the Director of
the National Science Foundation, institutions of higher
education with substantial expertise in mining, institutions
of higher education with significant expertise in minerals
research, including fundamental research into alternatives,
and employers in the critical minerals sector) shall submit
to Congress an assessment of the domestic availability of
technically trained personnel necessary for critical mineral
exploration, development, assessment, production,
manufacturing, recycling, analysis, forecasting, education,
and research, including an analysis of--
(1) skills that are in the shortest supply as of the date
of the assessment;
(2) skills that are projected to be in short supply in the
future;
(3) the demographics of the critical minerals industry and
how the demographics will evolve under the influence of
factors such as an aging workforce;
(4) the effectiveness of training and education programs in
addressing skills shortages;
(5) opportunities to hire locally for new and existing
critical mineral activities;
(6) the sufficiency of personnel within relevant areas of
the Federal Government for achieving the policies described
in section 3 of the National Materials and Minerals Policy,
Research and Development Act of 1980 (30 U.S.C. 1602); and
(7) the potential need for new training programs to have a
measurable effect on the supply of trained workers in the
critical minerals industry.
(b) Curriculum Study.--
(1) In general.--The Secretary and the Secretary of Labor
shall jointly enter into an arrangement with the National
Academy of Sciences and the National Academy of Engineering
under which the Academies shall coordinate with the National
Science Foundation on conducting a study--
(A) to design an interdisciplinary program on critical
minerals that will support the critical mineral supply chain
and improve the ability of the United States to increase
domestic, critical mineral exploration, development,
production, manufacturing, research, including fundamental
research into alternatives, and recycling;
(B) to address undergraduate and graduate education,
especially to assist in the development of graduate level
programs of research and instruction that lead to advanced
degrees with an emphasis on the critical mineral supply chain
or other positions that will increase domestic, critical
mineral exploration, development, production, manufacturing,
research, including fundamental research into alternatives,
and recycling;
(C) to develop guidelines for proposals from institutions
of higher education with substantial capabilities in the
required disciplines for activities to improve the critical
mineral supply chain and advance the capacity of the United
States to increase domestic, critical mineral exploration,
research, development, production, manufacturing, and
recycling; and
(D) to outline criteria for evaluating performance and
recommendations for the amount of funding that will be
necessary to establish and carry out the program described in
subsection (c).
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a description of the results of the study required under
paragraph (1).
(c) Program.--
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(1) Establishment.--The Secretary and the Secretary of
Labor shall jointly conduct a competitive grant program under
which institutions of higher education may apply for and
receive 4-year grants for--
(A) startup costs for newly designated faculty positions in
integrated critical mineral education, research, innovation,
training, and workforce development programs consistent with
subsection (b);
(B) internships, scholarships, and fellowships for students
enrolled in programs related to critical minerals;
(C) equipment necessary for integrated critical mineral
innovation, training, and workforce development programs; and
(D) research of critical minerals and their applications,
particularly concerning the manufacture of critical
components vital to national security.
(2) Renewal.--A grant under this subsection shall be
renewable for up to 2 additional 3-year terms based on
performance criteria outlined under subsection (b)(1)(D).
SEC. 3310. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA
PRESERVATION PROGRAM.
Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C.
15908(k)) is amended by striking ``$30,000,000 for each of
fiscal years 2006 through 2010'' and inserting ``$5,000,000
for each of fiscal years 2017 through 2026, to remain
available until expended''.
SEC. 3311. ADMINISTRATION.
(a) In General.--The National Critical Materials Act of
1984 (30 U.S.C. 1801 et seq.) is repealed.
(b) Conforming Amendment.--Section 3(d) of the National
Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
5202(d)) is amended in the first sentence by striking ``,
with the assistance of the National Critical Materials
Council as specified in the National Critical Materials Act
of 1984 (30 U.S.C. 1801 et seq.),''.
(c) Savings Clauses.--
(1) In general.--Nothing in this subtitle or an amendment
made by this subtitle modifies any requirement or authority
provided by--
(A) the matter under the heading ``geological survey'' of
the first section of the Act of March 3, 1879 (43 U.S.C.
31(a)); or
(B) the first section of Public Law 87-626 (43 U.S.C.
31(b)).
(2) Potash.--Nothing in this subtitle affects any aspect of
Secretarial Order 3324, issued by the Secretary of the
Interior on December 3, 2012, with respect to potash and oil
and gas operators.
SEC. 3312. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle $50,000,000 for each of fiscal years 2017 through
2026.
Subtitle E--Coal
SEC. 3401. 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.''.
SEC. 3402. ESTABLISHMENT OF COAL TECHNOLOGY PROGRAM.
(a) Repeals.--
(1) In general.--
(A) Sections 962 and 963 of the Energy Policy Act of 2005
(42 U.S.C. 16292, 16293) are repealed.
(B) Subtitle A of title IV of the Energy Policy Act of 2005
(42 U.S.C. 15961 et seq.) is repealed.
(2) Savings clause.--Notwithstanding the amendments made by
paragraph (1), the Secretary shall continue to manage any
program activities that are outstanding as of the date of
enactment of this Act under the terms and conditions of
sections 962 and 963 of the Energy Policy Act of 2005 (42
U.S.C. 16292, 16293) or subtitle A of title IV of the Energy
Policy Act of 2005 (42 U.S.C. 15961 et seq.) (as in effect on
the day before the date of enactment of this Act), as
applicable.
(3) Conforming amendments.--
(A) Section 703(a)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17251(a)(3)) is amended--
(i) in the matter preceding subparagraph (A), by striking
the first and second sentences; and
(ii) in subparagraph (B), by striking ``including'' in the
matter preceding clause (i) and all that follows through the
period at the end and inserting ``, including such geologic
sequestration projects as are approved by the Secretary''.
(B) Section 704 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17252) is amended in the first sentence by
striking ``under section 963(c)(3) of the Energy Policy Act
of 2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of
this subtitle, and''.
(b) Establishment of Coal Technology Program.--
(1) In general.--The Energy Policy Act of 2005 (as amended
by subsection (a)) is amended by inserting after section 961
(42 U.S.C. 16291) the following:
``SEC. 962. COAL TECHNOLOGY PROGRAM.
``(a) Definitions.--In this section:
``(1) Large-scale pilot project.--The term `large-scale
pilot project' means a pilot project that--
``(A) represents the scale of technology development beyond
laboratory development and bench scale testing, but not yet
advanced to the point of being tested under real operational
conditions at commercial scale;
``(B) represents the scale of technology necessary to gain
the operational data needed to understand the technical and
performance risks of the technology before the application of
that technology at commercial scale or in commercial-scale
demonstration; and
``(C) is large enough--
``(i) to validate scaling factors; and
``(ii) to demonstrate the interaction between major
components so that control philosophies for a new process can
be developed and enable the technology to advance from large-
scale pilot plant application to commercial scale
demonstration or application.
``(2) Program.--The term `program' means the program
established under subsection (b).
``(3) Transformational technology.--
``(A) In general.--The term `transformational technology'
means a power generation technology that represents an
entirely new way to convert energy that will enable a step
change in performance, efficiency, and cost of electricity as
compared to the technology in existence on the date of
enactment of this Act.
``(B) Inclusions.--The term `transformational technology'
includes a broad range of technology improvements,
including--
``(i) thermodynamic improvements in energy conversion and
heat transfer, including--
``(I) oxygen combustion;
``(II) chemical looping; and
``(III) the replacement of steam cycles with supercritical
carbon dioxide cycles;
``(ii) improvements in turbine technology;
``(iii) improvements in carbon capture systems technology;
and
``(iv) any other technology the Secretary recognizes as
transformational technology.
``(b) Coal Technology Program.--
``(1) In general.--The Secretary shall establish a coal
technology program to ensure the continued use of the
abundant, domestic coal resources of the United States
through the development of technologies that will
significantly improve the efficiency, effectiveness, costs,
and environmental performance of coal use.
``(2) Requirements.--The program shall include--
``(A) a research and development program;
``(B) large-scale pilot projects; and
``(C) demonstration projects.
``(3) Program goals and objectives.--In consultation with
the interested entities described in paragraph (4)(C), the
Secretary shall develop goals and objectives for the program
to be applied to the technologies developed within the
program, taking into consideration the following objectives:
``(A) Ensure reliable, low cost power from new and existing
coal plants.
``(B) Achieve high conversion efficiencies.
``(C) Address emissions of carbon dioxide through high
efficiency platforms and carbon capture from new and existing
coal plants.
``(D) Support small-scale and modular technologies to
enable incremental capacity additions and load growth and
large-scale generation technologies.
``(E) Support flexible baseload operations for new and
existing applications of coal generation.
``(F) Further reduce emissions of criteria pollutants and
reduce the use and manage the discharge of water in power
plant operations.
``(G) Accelerate the development of technologies that have
transformational energy conversion characteristics.
``(H) Validate geologic storage of large volumes of
anthropogenic sources of carbon dioxide and support the
development of the infrastructure needed to support a carbon
dioxide use and storage industry.
``(I) Examine methods of converting coal to other valuable
products and commodities in addition to electricity.
``(4) Consultations required.--In carrying out the program,
the Secretary shall--
``(A) undertake international collaborations, as
recommended by the National Coal Council;
``(B) use existing authorities to encourage international
cooperation; and
``(C) consult with interested entities, including -
``(i) coal producers;
``(ii) industries that use coal;
``(iii) organizations that promote coal and advanced coal
technologies;
``(iv) environmental organizations;
``(v) organizations representing workers; and
``(vi) organizations representing consumers.
``(c) Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the performance standards
adopted under subsection (b)(3).
``(2) Update.--Once every 2 years after the initial report
is submitted under paragraph (1), the Secretary shall submit
to Congress a report describing the progress made towards
achieving the objectives and performance standards adopted
under subsection (b)(3).
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this Act, to remain available until expended--
``(A) $610,000,000 for each of fiscal years 2017 through
2020; and
``(B) $560,000,000 for fiscal year 2021.
[[Page S201]]
``(2) Allocations.--The amounts made available under
paragraph (1) shall be allocated as follows:
``(A) For activities under the research and development
program component described in subsection (b)(2)(A)--
``(i) $275,000,000 for each of fiscal years 2017 through
2020; and
``(ii) $200,000,000 for fiscal year 2021.
``(B) For activities under the demonstration projects
program component described in subsection (b)(2)(C)--
``(i) $50,000,000 for each of fiscal years 2017 through
2020; and
``(ii) $75,000,000 for fiscal year 2021.
``(C) For activities under the large-scale pilot projects
program component described in subsection (b)(2)(B),
$285,000,000 for each of fiscal years 2017 through 2021.''.
(2) Cost sharing for large-scale pilot projects.--
Activities under subsection (b)(2)(B) shall be subject to the
cost-sharing requirements of section 988(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16352(b)).
Subtitle F--Nuclear
SEC. 3501. REPORT ON FUSION AND FISSION REACTOR PROTOTYPES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the National Laboratories, relevant Federal agencies, and
other stakeholders, shall submit to the Committees on Energy
and Natural Resources and Environment and Public Works of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report assessing the
capability of the Department to host privately funded fusion
and fission reactor prototypes up to 20 megawatts thermal
output and related demonstration facilities at sites owned by
the Department.
(b) Content.--The report submitted under subsection (a)
shall describe the results of an assessment of--
(1) the safety review, oversight capabilities, and
potential liability of the Department;
(2) potential sites capable of hosting research,
development, and demonstration of prototype reactors and
related facilities for the purpose of reducing technical
risk;
(3) the existing physical and technical capabilities of the
Department and the National Laboratories relevant to
research, development, and oversight;
(4) the efficacy of the available contractual mechanisms of
the Department, including--
(A) cooperative research and development agreements;
(B) work for others agreements; and
(C) agreements for commercializing technology;
(5) potential cost structures relating to physical
security, decommissioning, liability, and other long-term
project costs;
(6) the feasibility of the Department providing technical
assistance to developers of privately funded fusion and
advanced fission reactors in connection with obtaining a
license from the Nuclear Regulatory Commission for
demonstration reactors or commercial reactors of varying size
and readiness levels up to 2 gigawatts of thermal output; and
(7) other challenges or considerations identified by the
Secretary, including issues relating to potential cases of
demonstration reactors up to 2 gigawatts of thermal output.
SEC. 3502. NEXT GENERATION NUCLEAR PLANT PROJECT.
Section 642(b) of the Energy Policy Act of 2005 (42 U.S.C.
16022(b)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
Subtitle G--Workforce Development
SEC. 3601. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish the 21st
Century Energy Workforce Advisory Board (referred to in this
section as the ``Board''), to develop a strategy for the
support and development of a skilled energy workforce that--
(1) meets the current and future industry and labor needs
of the energy sector;
(2) provides opportunities for students to become qualified
for placement in traditional energy sector and clean energy
sector jobs;
(3) aligns apprenticeship programs and workforce
development programs to provide industry recognized
certifications and credentials;
(4) encourages leaders in the education system of the
United States to equip students with the skills, mentorships,
training, and technical expertise necessary to fill the
employment opportunities vital to managing and operating the
energy- and manufacturing-related industries of the United
States;
(5) appropriately supports other Federal agencies;
(6) strengthens and more fully engages workforce training
programs of the Department and the National Laboratories in
carrying out the Minorities in Energy Initiative of the
Department and other Department workforce priorities;
(7) supports the design and replication of existing model
energy curricula, particularly in new and emerging
technologies, that leads to industry-wide credentials;
(8) develops plans to support and retrain displaced and
unemployed energy sector workers; and
(9) makes a Department priority to provide education and
job training to underrepresented groups, including ethnic
minorities, Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), women, veterans, and socioeconomically
disadvantaged individuals.
(b) Membership.--
(1) In general.--The Board shall be composed of 9 members,
with the initial members of the Board to be appointed by the
Secretary not later than 1 year after the date of enactment
of this Act.
(2) Nominations.--Not later than 1 year after the date of
enactment of this Act, the President's Council of Advisors on
Science and Technology shall nominate for appointment to the
Board under paragraph (1) not less than 18 individuals who
meet the qualifications described in paragraph (3).
(3) Qualifications.--Each individual nominated for
appointment to the Board under paragraph (1) shall--
(A) be eminent in the field of economics or workforce
development;
(B) have expertise in relevant traditional energy
industries and clean energy industries;
(C) have expertise in secondary and postsecondary
education;
(D) have expertise in energy workforce development or
apprentice programs of States and units of local government;
(E) have expertise in relevant organized labor
organizations; or
(F) have expertise in bringing underrepresented groups,
including ethnic minorities, women, veterans, and
socioeconomically disadvantaged individuals, into the
workforce.
(4) Representation.--The membership of the Board shall be
representative of the broad range of the energy industry,
labor organizations, workforce development, education,
minority participation, and economics disciplines related to
activities carried out under this section.
(5) Limitation.--No individual shall be nominated for
appointment to the Board who is an employee of an entity
applying for a grant under section 3602.
(c) Advisory Board Review and Recommendations.--
(1) Determination by board.--In developing the strategy
required under subsection (a), the Board shall--
(A) determine whether there are opportunities to more
effectively and efficiently use the capabilities of the
Department in the development of a skilled energy workforce;
(B) identify ways in which the Department could work with
other relevant Federal agencies, States, units of local
government, educational institutions, labor, and industry in
the development of a skilled energy workforce;
(C) identify ways in which the Department and National
Laboratories can--
(i) increase outreach to minority-serving institutions; and
(ii) make resources available to increase the number of
skilled minorities and women trained to go into the energy-
and manufacturing-related sectors;
(D) identify ways in which the Department and National
Laboratories can --
(i) increase outreach to displaced and unemployed energy
sector workers; and
(ii) make resources available to provide training to
displaced and unemployed energy sector workers to reenter the
energy workforce; and
(E) identify the energy sectors in greatest need of
workforce training and develop guidelines for the skills
necessary to develop a workforce trained to work in those
energy sectors.
(2) Required analysis.--In developing the strategy required
under subsection (a), the Board shall analyze the
effectiveness of--
(A) existing Department directed support; and
(B) developing energy workforce training programs.
(3) Report.--Not later than 1 year after the date on which
the Board is established under this section, and each year
thereafter, the Board shall submit to the Secretary and
Congress, and make public, a report containing the findings
of the Board and model energy curricula with respect to the
strategy required to be developed under subsection (a).
(d) Report by Secretary.--Not later than 18 months after
the date on which the Board is established under this
section, the Secretary shall submit to the Committees on
Appropriations of Senate and the House of Representatives,
the Committee on Energy and Natural Resources of the Senate,
and the Committee on Energy and Commerce of the House of
Representatives a report that--
(1) describes whether the Secretary approves or disapproves
the recommendations of the Board under subsection (c)(3); and
(2) provides an implementation plan for recommendations
approved by the Board under paragraph (1).
(e) Clearinghouse.--Based on the recommendations of the
Board, the Secretary shall establish a clearinghouse--
(1) to maintain and update information and resources on
training and workforce development programs for energy- and
manufacturing-related jobs; and
(2) to act as a resource, and provide guidance, for
secondary schools, institutions of higher education
(including community colleges and minority-serving
institutions), workforce development organizations, labor
management organizations, and industry organizations that
would like to develop and
[[Page S202]]
implement energy- and manufacturing-related training
programs.
(f) Sunset.--The Board established under this section shall
remain in effect until September 30, 2020.
SEC. 3602. ENERGY WORKFORCE PILOT GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Labor and the Secretary of Education, shall
establish a pilot program to award grants on a competitive
basis to eligible entities for job training programs that
lead to an industry-recognized credential.
(b) Eligibility.--To be eligible to receive a grant under
this section, an entity shall be a public or nonprofit
organization or a consortium of public or nonprofit
organizations that--
(1) includes an advisory board of proportional
participation, as determined by the Secretary, of relevant
organizations, including--
(A) relevant energy industry organizations, including
public and private employers;
(B) labor organizations;
(C) postsecondary education organizations; and
(D) workforce development boards;
(2) demonstrates experience in implementing and operating
job training and education programs;
(3) demonstrates the ability to recruit and support
individuals who plan to work in the energy industry in the
successful completion of relevant job training and education
programs; and
(4) provides students who complete the job training and
education program with an industry-recognized credential.
(c) Applications.--Eligible entities desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(d) Priority.--In selecting eligible entities to receive
grants under this section, the Secretary shall prioritize
applicants that--
(1) house the job training and education programs in--
(A) a community college or institution of higher education
that includes basic science and math education in the
curriculum of the community college, institution of higher
education; or
(B) an apprenticeship program registered with the
Department of Labor or a State;
(2) work with the Secretary of Defense or veterans
organizations to transition members of the Armed Forces and
veterans to careers in the energy sector;
(3) work with Indian tribes (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b));
(4) apply as a State or regional consortia to leverage best
practices already available in the State or region in which
the community college or institution of higher education is
located;
(5) have a State-supported entity included in the
consortium applying for the grant;
(6) include an apprenticeship program registered with the
Department of Labor or a State as part of the job training
and education program;
(7) provide support services and career coaching;
(8) provide introductory energy workforce development
training;
(9) work with minority-serving institutions to provide job
training to increase the number of skilled minorities and
women in the energy sector; or
(10) provide job training for displaced and unemployed
workers in the energy sector.
(e) Additional Consideration.--In making grants under this
section, the Secretary shall consider regional diversity.
(f) Limitation on Applications.--An eligible entity may not
submit, either individually or as part of a joint
application, more than 1 application for a grant under this
section during any 1 fiscal year.
(g) Limitations on Amount of Grant.--The amount of an
individual grant for any 1 year shall not exceed $1,000,000.
(h) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a job
training and education program carried out using a grant
under this section shall be not greater than 65 percent.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost of a job
training and education program carried out using a grant
under this section shall consist of not less than 50 percent
cash.
(B) Limitation.--Not greater than 50 percent of the non-
Federal contribution of the total cost of a job training and
education program carried out using a grant under this
section shall be in the form of in-kind contributions of
goods or services fairly valued.
(i) Reduction of Duplication.--Prior to submitting an
application for a grant under this section, each applicant
shall consult with the appropriate agencies of the Federal
Government and coordinate the proposed activities of the
applicant with existing State and local programs.
(j) Technical Assistance.--The Secretary shall provide
technical assistance and capacity building to national and
State energy partnerships, including the entities described
in subsection (b)(1), to leverage the existing job training
and education programs of the Department.
(k) Report.--The Secretary shall submit to Congress and
make publicly available on the website of the Department an
annual report on the program established under this section,
including a description of--
(1) the entities receiving grants;
(2) the activities carried out using the grants;
(3) best practices used to leverage the investment of the
Federal Government;
(4) the rate of employment for participants after
completing a job training and education program carried out
using a grant; and
(5) an assessment of the results achieved by the program.
(l) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2017 through 2020.
Subtitle H--Recycling
SEC. 3701. RECYCLED CARBON FIBER.
(a) Study.--
(1) In general.--The Secretary shall conduct a study on--
(A) the technology of recycled carbon fiber and production
waste carbon fiber; and
(B) the potential lifecycle energy savings and economic
impact of recycled carbon fiber.
(2) Factors for consideration.--In conducting the study
under paragraph (1), the Secretary shall consider--
(A) the quantity of recycled carbon fiber or production
waste carbon fiber that would make the use of recycled carbon
fiber or production waste carbon fiber economically viable;
(B) any existing or potential barriers to recycling carbon
fiber or using recycled carbon fiber;
(C) any financial incentives that may be necessary for the
development of recycled carbon fiber or production waste
carbon fiber;
(D) the potential lifecycle savings in energy from
producing recycled carbon fiber, as compared to producing new
carbon fiber;
(E) the best and highest use for recycled carbon fiber;
(F) the potential reduction in carbon dioxide emissions
from producing recycled carbon fiber, as compared to
producing new carbon fiber;
(G) any economic benefits gained from using recycled carbon
fiber or production waste carbon fiber;
(H) workforce training and skills needed to address labor
demands in the development of recycled carbon fiber or
production waste carbon fiber; and
(I) how the Department can leverage existing efforts in the
industry on the use of production waste carbon fiber.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
paragraph (1).
(b) Recycled Carbon Fiber Demonstration Project.--On
completion of the study required under subsection (a)(1), the
Secretary shall consult with the aviation and automotive
industries and existing programs of the Advanced
Manufacturing Office of the Department to develop a carbon
fiber recycling demonstration project.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000, to remain available until expended.
SEC. 3702. ENERGY GENERATION AND REGULATORY RELIEF STUDY
REGARDING RECOVERY AND CONVERSION OF
NONRECYCLED MIXED PLASTICS.
(a) Definitions.--In this section:
(1) Engineered fuel.--The term ``engineered fuel'' means a
solid fuel that is manufactured from nonrecycled constituents
of municipal solid waste or other secondary materials.
(2) Gasification.--The term ``gasification'' means a
process through which nonrecycled waste is heated and
converted to synthesis gas in an oxygen-deficient atmosphere,
which can be converted into fuels such as ethanol or other
chemical feedstocks.
(3) Pyrolysis.--The term ``pyrolysis'' means a process
through which nonrecycled plastics are heated in the absence
of oxygen until melted and thermally decomposed, and are then
cooled, condensed, and converted into synthetic crude oil or
refined into synthetic fuels and feedstocks such as diesel or
naphtha.
(b) Study.--With respect to nonrecycled mixed plastics that
are part of municipal solid waste or other secondary
materials in the United States (and are often deposited in
landfills), the Secretary shall conduct a study to determine
the manner in which the United States can make progress
toward a cost-effective system (including with respect to
environmental issues) through which pyrolysis, gasification,
and other innovative technologies such as engineered fuels
are used to convert such plastics, alone or in combination
with other municipal solid waste or secondary materials, into
materials that can be used to generate electric energy or
fuels or as chemical feedstocks.
(c) Completion of Study.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall complete
the study described in subsection (b) and submit to the
appropriate committees of Congress reports providing findings
and recommendations developed through the study.
(d) Funding.--The Secretary may use unobligated funds of
the Department to carry out this section.
[[Page S203]]
SEC. 3703. ELIGIBLE PROJECTS.
Section 1703(b)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16513(b)(1)) is amended by inserting ``(excluding the
burning of commonly recycled paper that has been segregated
from solid waste to generate electricity)'' after
``systems''.
TITLE IV--ACCOUNTABILITY
Subtitle A--Loan Programs
SEC. 4001. TERMS AND CONDITIONS FOR INCENTIVES FOR INNOVATIVE
TECHNOLOGIES.
(a) Borrower Payment of Subsidy Cost.--
(1) In general.--Section 1702 of the Energy Policy Act of
2005 (42 U.S.C. 16512) is amended by adding at the end the
following:
``(l) Borrower Payment of Subsidy Cost.--
``(1) In general.--In addition to the requirement in
subsection (b)(1), no guarantee shall be made unless the
Secretary has received from the borrower not less than 25
percent of the cost of the guarantee.
``(2) Estimate.--The Secretary shall provide to the
borrower, as soon as practicable, an estimate or range of the
cost of the guarantee under paragraph (1).''.
(2) Conforming amendment.--Section 1702(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(b)) is amended--
(A) by striking ``(1) In general.--No guarantee'' and
inserting the following: ``Subject to subsection (l), no
guarantee'';
(B) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively, and indenting
appropriately; and
(C) in paragraph (3) (as so redesignated)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by striking ``subparagraph (B)'' and inserting
``paragraph (2)''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on October 1, 2019.
(b) Prohibition on Subordination of Debt.--Section
1702(d)(3) of the Energy Policy Act of 2005 (42 U.S.C.
16512(d)(3)) is amended by striking ``is not subordinate''
and inserting ``(including any reorganization, restructuring,
or termination of the obligation) shall not at any time be
subordinate''.
(c) Loan Program Transparency.--Section 1703 of the Energy
Policy Act of 2005 (42 U.S.C. 16513) is amended by adding at
the end the following:
``(f) Loan Status.--
``(1) Request.--If the Secretary does not make a final
decision on an application for a loan guarantee under this
section by the date that is 270 days after receipt of the
application by the Secretary, on that date and every 90 days
thereafter until the final decision is made, the applicant
may request that the Secretary provide to the applicant a
description of the status of the application.
``(2) Response.--Not later than 10 days after receiving a
request from an applicant under paragraph (1), the Secretary
shall provide to the applicant a response that includes--
``(A) a summary of any factors that are delaying a final
decision on the application; and
``(B) an estimate of when review of the application will be
completed.''.
(d) Temporary Program for Rapid Deployment of Renewable
Energy and Electric Power Transmission Projects.--
(1) Repeal.--Section 1705 of the Energy Policy Act of 2005
(42 U.S.C. 16516) is repealed.
(2) Rescission.--There is rescinded the unobligated balance
of amounts made available to carry out the loan guarantee
program established under section 1705 of the Energy Policy
Act of 2005 (42 U.S.C. 16516) (before the amendment made by
paragraph (1)).
(3) Management.--The Secretary shall ensure rigorous
continued management and oversight of all outstanding loans
guaranteed under the program described in subsection (b)
until those loans have been repaid in full.
SEC. 4002. STATE LOAN ELIGIBILITY.
(a) Definitions.--Section 1701 of the Energy Policy Act of
2005 (42 U.S.C. 16511) is amended by adding at the end the
following:
``(6) State.--The term `State' has the meaning given the
term in section 202 of the Energy Conservation and Production
Act (42 U.S.C. 6802).
``(7) State energy financing institution.--
``(A) In general.--The term `State energy financing
institution' means a quasi-independent entity or an entity
within a State agency or financing authority established by a
State--
``(i) to provide financing support or credit enhancements,
including loan guarantees and loan loss reserves, for
eligible projects; and
``(ii) to create liquid markets for eligible projects,
including warehousing and securitization, or take other steps
to reduce financial barriers to the deployment of existing
and new eligible projects.
``(B) Inclusion.--The term `State energy financing
institution' includes an entity or organization established
to achieve the purposes described in clauses (i) and (ii) of
subparagraph (A) by an Indian tribal entity or an Alaska
Native Corporation.''.
(b) Terms and Conditions.--Section 1702 of the Energy
Policy Act of 2005 (42 U.S.C. 16512) (as amended by section
4001(a)(1)) is amended--
(1) in subsection (a), by inserting ``or to a State energy
financing institution'' after ``for projects''; and
(2) by adding at the end the following:
``(m) State Energy Financing Institutions.--
``(1) Eligibility.--To be eligible for a guarantee under
this title, a State energy financing institution--
``(A) shall meet the requirements of section 1703(a)(1);
and
``(B) shall not be required to meet the requirements of
section 1703(a)(2).
``(2) Partnerships authorized.--In carrying out a project
receiving a loan guarantee under this title, State energy
financing institutions may enter into partnerships with
private entities, tribal entities, and Alaska Native
corporations.
``(3) Prohibition on use of appropriated funds.--Amounts
appropriated to the Department of Energy before the date of
enactment of this subsection shall not be available to be
used for the cost of loan guarantees made to State energy
financing institutions under this subsection.''.
SEC. 4003. GAO STUDY ON FOSSIL LOAN GUARANTEE INCENTIVE
PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall carry out, and submit to Congress a report
describing the results of, a study on the effectiveness of
the advanced fossil loan guarantee incentive program and
other incentive programs for advanced fossil energy of the
Department.
(b) Contents.--In carrying out the study under subsection
(a), the Comptroller General of the United States shall--
(1) solicit industry and stakeholder input;
(2) evaluate the effectiveness of the advanced fossil loan
guarantee incentive program, alone or in combination with
other incentives, in advancing carbon capture and storage
technology;
(3) review each Federal incentive provided by the
Department and other Federal agencies for carbon capture and
storage demonstration projects to determine the adequacy and
effectiveness of the combined Federal incentives in advancing
carbon capture and storage and advanced fossil energy
technologies;
(4) assess whether combinations of the incentive programs
in existence as of the date of enactment of this Act could be
effective to advance carbon capture and storage and advanced
fossil energy technologies; and
(5) evaluate the impact and costs of implementing the
recommendations described in the January 2015 National Coal
Council report entitled ``Fossil Forward: Revitalizing CCS,
Bringing Scale and Speed to CCS Deployment'' on the
effectiveness of the advanced fossil loan guarantee program.
SEC. 4004. PROGRAM ELIGIBILITY FOR VESSELS.
Subtitle B of title I of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17011 et seq.) is amended by
adding at the end the following:
``SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM ELIGIBILITY FOR VESSELS.
``(a) Definition of Vessel.--In this section, the term
`vessel' means a vessel (as defined in section 3 of title 1,
United States Code), whether in existence or under
construction, that has been issued a certificate of
documentation as a United States flagged vessel under chapter
121 of title 46, United States Code and that meets the
standards established under section 4005(a) of the Energy
Policy Modernization Act of 2016.
``(b) Eligibility.--Subject to the terms and conditions of
subsections (d) and (f) of section 136, projects for the
reequipping, expanding, or establishing of a manufacturing
facility in the United States to produce vessels shall be
considered eligible for direct loans under section 136(d).
``(c) Funding.--
``(1) Prohibition on use of existing credit subsidy.--None
of the projects made eligible under this section shall be
eligible to receive any credit subsidy provided under section
136 before the date of enactment of this section.
``(2) Specific appropriation or contribution.--The
authority under this section to incur indebtedness, or enter
into contracts, obligating amounts to be expended by the
Federal Government shall be effective for any fiscal year
only--
``(A)(i) to such extent or in such amounts as are provided
in advance by appropriation Acts; and
``(ii) if the borrower has agreed to pay a reasonable
percentage of the cost of the obligation; or
``(B) if the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.''.
SEC. 4005. ADDITIONAL REFORMS.
(a) Issuance of Rule.--Not later than 180 days after the
date of enactment of this Act and after consultation with,
and taking into account comments from, the vessel industry,
the Secretary shall issue a rule that specifies which energy
efficiency improvement standards shall apply to applicants
for loans under section 137 of the Energy Independence and
Security Act of 2007 (as added by section 4004) for the
manufacturing, retrofitting, or repowering vessels that have
been issued certificates of documentation as United States
flagged vessels under chapter 121 of title 46, United States
Code.
(b) Fees.--Section 136 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17013) is amended by striking
subsection (f) and inserting the following:
``(f) Fees.--
``(1) In general.--The Secretary shall charge and collect
fees for loans provided
[[Page S204]]
under this section in amounts that the Secretary determines
are sufficient to cover applicable administrative expenses
associated with the loans, including reasonable closing fees
on the loans.
``(2) Availability.--Fees collected under paragraph (1)
shall--
``(A) be deposited by the Secretary into the Treasury; and
``(B) remain available until expended, subject to such
other conditions as are contained in annual appropriations
Acts.''.
SEC. 4006. DEPARTMENT OF ENERGY INDIAN ENERGY EDUCATION
PLANNING AND MANAGEMENT ASSISTANCE PROGRAM.
Section 2602(b)(6) of the Energy Policy Act of 1992 (25
U.S.C. 3502(b)(6)) is amended by striking ``2016'' and
inserting ``2026''.
Subtitle B--Energy-Water Nexus
SEC. 4101. NEXUS OF ENERGY AND WATER FOR SUSTAINABILITY.
(a) Definitions.--In this section:
(1) Energy-water nexus.--The term ``energy-water nexus''
means the links between--
(A) the water needed to produce fuels, electricity, and
other forms of energy; and
(B) the energy needed to transport, reclaim, and treat
water and wastewater.
(2) Interagency coordination committee.--The term
``Interagency Coordination Committee'' means the Committee on
the Nexus of Energy and Water for Sustainability (or the
``NEWS Committee'') established under subsection (b)(1).
(3) Nexus of energy and water sustainability office; news
office.--The term ``Nexus of Energy and Water Sustainability
Office'' or the ``NEWS Office'' means an office located at
the Department and managed in cooperation with the Department
of the Interior pursuant to an agreement between the 2
agencies to carry out leadership and administrative functions
for the Interagency Coordination Committee.
(4) RD&D activities.--The term ``RD&D activities'' means
research, development, and demonstration activities.
(b) Interagency Coordination Committee.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary and the Secretary of
the Interior shall establish the joint NEWS Office and
Interagency Coordination Committee on the Nexus of Energy and
Water for Sustainability (or the ``NEWS Committee'') to carry
out the duties described in paragraph (3).
(2) Administration.--
(A) Chairs.--The Secretary and the Secretary of the
Interior shall jointly manage the NEWS Office and serve as
co-chairs of the Interagency Coordination Committee.
(B) Membership; staffing.--Membership and staffing shall be
determined by the co-chairs.
(3) Duties.--The Interagency Coordination Committee shall--
(A) serve as a forum for developing common Federal goals
and plans on energy-water nexus RD&D activities in
coordination with the National Science and Technology
Council;
(B) not later than 1 year after the date of enactment of
this Act, and biannually thereafter, issue a strategic plan
on energy-water nexus RD&D activities priorities and
objectives;
(C) convene and promote coordination of the activities of
Federal departments and agencies on energy-water nexus RD&D
activities, including the activities of--
(i) the Department;
(ii) the Department of the Interior;
(iii) the Corps of Engineers;
(iv) the Department of Agriculture;
(v) the Department of Defense;
(vi) the Department of State;
(vii) the Environmental Protection Agency;
(viii) the Council on Environmental Quality;
(ix) the National Institute of Standards and Technology;
(x) the National Oceanic and Atmospheric Administration;
(xi) the National Science Foundation;
(xii) the Office of Management and Budget;
(xiii) the Office of Science and Technology Policy;
(xiv) the National Aeronautics and Space Administration;
and
(xv) such other Federal departments and agencies as the
Interagency Coordination Committee considers appropriate;
(D)(i) coordinate and develop capabilities and
methodologies for data collection, management, and
dissemination of information related to energy-water nexus
RD&D activities from and to other Federal departments and
agencies; and
(ii) promote information exchange between Federal
departments and agencies--
(I) to identify and document Federal and non-Federal
programs and funding opportunities that support basic and
applied research, development, and demonstration proposals to
advance energy-water nexus related science and technologies;
(II) to leverage existing programs by encouraging joint
solicitations, block grants, and matching programs with non-
Federal entities; and
(III) to identify opportunities for domestic and
international public-private partnerships, innovative
financing mechanisms, information and data exchange;
(E) promote the integration of energy-water nexus
considerations into existing Federal water, energy, and other
natural resource, infrastructure, and science programs at the
national and regional levels and with programs administered
in partnership with non-Federal entities; and
(F) not later than 1 year after the date of enactment of
this Act, issue a report on the potential benefits and
feasibility of establishing an energy-water center of
excellence within the National Laboratories (as that term is
defined in section 2 of the Energy Policy Act of 2005 (42
U.S.C. 15801)).
(4) No regulation.--Nothing in this subsection grants to
the Interagency Coordination Committee the authority to
promulgate regulations or set standards.
(5) Review; report.--At the end of the 5-year period
beginning on the date on which the Interagency Coordination
Committee and NEWS Office are established, the NEWS Office
shall--
(A) review the activities, relevance, and effectiveness of
the Interagency Coordination Committee; and
(B) submit to the Committee on Energy and Natural Resources
of the Senate and the Committees on Science, Space, and
Technology, Energy and Commerce, and Natural Resources of the
House of Representatives a report that--
(i) describes the results of the review conducted under
subparagraph (A); and
(ii) includes a recommendation on whether the Interagency
Coordination Committee should continue.
(c) Crosscut Budget.--Not later than 30 days after the
President submits the budget of the United States Government
under section 1105 of title 31, United States Code, the co-
chairs of the Interagency Coordination Committee (acting
through the NEWS Office) shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committees
on Science, Space, and Technology, Energy and Commerce, and
Natural Resources of the House of Representatives, an
interagency budget crosscut report that displays at the
program-, project-, and activity-level for each of the
Federal agencies that carry out or support (including through
grants, contracts, interagency and intraagency transfers, and
multiyear and no-year funds) basic and applied RD&D
activities to advance the energy-water nexus related science
and technologies--
(1) the budget proposed in the budget request of the
President for the upcoming fiscal year;
(2) expenditures and obligations for the prior fiscal year;
and
(3) estimated expenditures and obligations for the current
fiscal year.
SEC. 4102. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
Subtitle A of title IX of the Energy Policy Act of 2005 (42
U.S.C. 16191 et seq.) is amended by adding at the end the
following:
``SEC. 918. 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;
``(D) an Indian tribe or Alaska Native village; and
``(E) any other authority that provides water, wastewater,
or water reuse services.
``(2) 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 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 unique, advanced, or innovative
technology-based solutions that will--
``(A) increase the energy efficiency of water, wastewater,
and water reuse systems;
``(B) improve energy efficiency of water, wastewater, and
water reuse systems to help communities across the United
States make measurable progress in conserving water, saving
energy, and reducing costs;
``(C) support the implementation of innovative and unique
processes and the installation of established advanced
automated systems that provide real-time data on energy and
water; and
``(D) improve energy-water conservation and quality and
predictive maintenance through technologies that utilize
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;
``(ii) the uniqueness, commercial viability, and
reliability of the technology to be used;
``(iii) the degree to which the project integrates next-
generation sensors software, analytics, and management tools;
``(iv) the anticipated cost-effectiveness of the pilot
project through measurable 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
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the degree to which the technology can be implemented in a
wide range of applications ranging in scale from small towns
to large cities, including tribal communities;
``(vi) whether the technology has been successfully
deployed elsewhere;
``(vii) whether the technology was 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;
``(VII) a description of the ways in which the proposal
would meet performance measures established by the Secretary;
and
``(VIII) 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 section, the Secretary shall select
grant recipients under this section.
``(B) Evaluations.--
``(i) Annual evaluations.--The Secretary shall annually
carry out an evaluation of each project for which a grant is
provided under this section that meets performance measures
and benchmarks developed by the Secretary, consistent with
the purposes of this section.
``(ii) Requirements.--Consistent with the performance
measures and benchmarks developed under clause (i), in
carrying out an evaluation under that clause, the Secretary
shall --
``(I) evaluate 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.
``(D) Best practices.--The Secretary shall make available
to the public through the Internet and other means the
Secretary considers to be appropriate--
``(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) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000, to
remain available until expended.''.
Subtitle C--Innovation
SEC. 4201. AMERICA COMPETES PROGRAMS.
(a) Basic Research.--Section 971(b) of the Energy Policy
Act of 2005 (42 U.S.C. 16311(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) $5,271,000,000 for fiscal year 2016;
``(9) $5,485,000,000 for fiscal year 2017;
``(10) $5,704,000,000 for fiscal year 2018;
``(11) $5,932,000,000 for fiscal year 2019; and
``(12) $6,178,000,000 for fiscal year 2020.''.
(b) Advanced Research Projects Agency-Energy.--Section 5012
of the America COMPETES Act (42 U.S.C. 16538) is amended--
(1) in subsection (a)(3), by striking ``subsection (n)(1)''
and inserting ``subsection (o)(1)'';
(2) in subsection (i), by striking paragraph (1) and
inserting the following:
``(1) In general.--To the maximum extent practicable, the
Director shall ensure that--
``(A) the activities of ARPA-E are coordinated with, and do
not duplicate the efforts of, programs and laboratories
within the Department and other relevant research agencies;
and
``(B) ARPA-E does not provide funding for a project unless
the prospective grantee demonstrates sufficient attempts to
secure private financing or indicates that the project is not
independently commercially viable.'';
(3) by redesignating subsection (n) as subsection (o);
(4) by inserting after subsection (m) the following:
``(n) Protection of Information.--The following types of
information collected by the ARPA-E from recipients of
financial assistance awards shall be considered commercial
and financial information obtained from a person and
privileged or confidential and not subject to disclosure
under section 552(b)(4) of title 5, United States Code:
``(1) Plans for commercialization of technologies developed
under the award, including business plans, technology-to-
market plans, market studies, and cost and performance
models.
``(2) Investments provided to an awardee from third parties
(such as venture capital firms, hedge funds, and private
equity firms), including amounts and the percentage of
ownership of the awardee provided in return for the
investments.
``(3) Additional financial support that the awardee--
``(A) plans to or has invested into the technology
developed under the award; or
``(B) is seeking from third parties.
``(4) Revenue from the licensing or sale of new products or
services resulting from research conducted under the
award.''; and
(5) in subsection (o) (as redesignated by paragraph (3))--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``paragraphs (4) and (5)'' and inserting ``paragraph (4)'';
(ii) in subparagraph (D), by striking ``and'' at the end;
(iii) in subparagraph (E), by striking the period at the
end and inserting a semicolon; and
(iv) by adding at the end the following:
``(F) $291,200,000 for fiscal year 2016;
``(G) $303,600,000 for fiscal year 2017;
``(H) $314,700,000 for fiscal year 2018;
``(I) $327,300,000 for fiscal year 2019; and
``(J) $340,600,000 for fiscal year 2020 .''; and
(B) in paragraph (4)(B), by striking ``(c)(2)(D)'' and
inserting ``(c)(2)(C)''.
SEC. 4202. INCLUSION OF EARLY STAGE TECHNOLOGY DEMONSTRATION
IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C.
16391) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Early Stage Technology Demonstration.--The Secretary
shall permit the directors of the National Laboratories to
use funds authorized to support technology transfer within
the Department to carry out early stage and precommercial
technology demonstration activities to remove technology
barriers that limit private sector interest and demonstrate
potential commercial applications of any research and
technologies arising from National Laboratory activities.''.
SEC. 4203. SUPPORTING ACCESS OF SMALL BUSINESS CONCERNS TO
NATIONAL LABORATORIES.
(a) Definitions.--In this section:
(1) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(2) Small business concern.--The term ``small business
concern'' has the same meaning as in section 3 of the Small
Business Act (15 U.S.C. 632).
(b) Actions for Increased Access at National Laboratories
for Small Business Concerns.--To promote the technology
transfer of innovative energy technologies and enhance the
competitiveness of the United States, the Secretary shall
take such actions as are appropriate to facilitate access to
the National Laboratories for small business concerns.
(c) Information on the DOE Website Relating to National
Laboratory Programs Available to Small Business Concerns.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with
the Directors of the National Laboratories, shall--
(A) publish in a consolidated manner on the website of the
Department information relating to National Laboratory
programs that are available to small business concerns;
(B) provide for the information published under
subparagraph (A) to be kept up-to-date; and
(C) include in the information published under subparagraph
(A), information on each available program under which small
business concerns are eligible to enter into agreements to
work with the National Laboratories.
(2) Components.--The information published on the
Department website under paragraph (1) shall include--
(A) a brief description of each agreement available to
small business concerns to work with National Laboratories;
(B) a step-by-step guide for completing agreements to work
with National Laboratories;
(C) best practices for working with National Laboratories;
(D) individual National Laboratory websites that provide
information specific to technology transfer and working with
small business concerns;
(E) links to funding opportunity announcements,
nonfinancial resources, and other programs available to small
business concerns; and
(F) any other information that the Secretary determines to
be appropriate.
(3) Accessibility.--The information published on the
Department website under paragraph (1) shall be--
(A) readily accessible and easily found on the Internet by
the public and members and committees of Congress; and
(B) presented in a searchable, machine-readable format.
(4) Guidance.--The Secretary shall issue Departmental
guidance to ensure that the
[[Page S206]]
information published on the Department website under
paragraph (1) is provided in a manner that presents a
coherent picture of all National Laboratory programs that are
relevant to small business concerns.
SEC. 4204. MICROLAB TECHNOLOGY COMMERCIALIZATION.
(a) Definitions.--In this section:
(1) Microlab.--The term ``microlab'' means a small
laboratory established by the Secretary under subsection (b).
(2) National laboratory.--The term ``national laboratory''
means--
(A) a National Laboratory, as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801); and
(B) a national security laboratory, as defined in section
3281 of the National Nuclear Security Administration Act (50
U.S.C. 2471).
(b) Establishment of Microlab Program.--
(1) In general.--The Secretary, in collaboration with the
directors of national laboratories, may establish a microlab
program under which the Secretary establishes microlabs that
are located in close proximity to national laboratories and
that are accessible to the public for the purposes of--
(A) enhancing collaboration with regional research groups,
such as institutions of higher education and industry groups;
(B) accelerating technology transfer from national
laboratories to the marketplace; and
(C) promoting regional workforce development through
science, technology, engineering, and mathematics (``STEM'')
instruction and training.
(2) Criteria.--In determining the placement of microlabs
under paragraph (1), the Secretary shall consider--
(A) the commitment of a national laboratory to establishing
a microlab;
(B) the existence of a joint research institute or a new
facility that--
(i) is not on the main site of a national laboratory;
(ii) is in close proximity to a national laboratory; and
(iii) has the capability to house a microlab;
(C) whether employees of a national laboratory and persons
from academia, industry, and government are available to be
assigned to the microlab; and
(D) cost-sharing or in-kind contributions from State and
local governments and private industry.
(3) Timing.--If the Secretary, in collaboration with the
directors of national laboratories, elects to establish a
microlab program under this subsection, the Secretary, in
collaboration with the directors of national laboratories,
shall--
(A) not later than 60 days after the date of enactment of
this Act, begin the process of determining the placement of
microlabs under paragraph (1); and
(B) not later than 180 days after the date of enactment of
this Act, implement the microlab program under this
subsection.
(c) Reports.--
(1) Initial report.--Not later than 60 days after the date
of implementation of the microlab program under subsection
(b), the Secretary shall submit to the Committee on Armed
Services of the Senate, the Committee on Armed Services of
the House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the Committee on
Science, Space, and Technology of the House of
Representatives a report that provides an update on the
implementation of the microlab program under subsection (b).
(2) Progress report.--Not later than 1 year after the date
of implementation of the microlab program under subsection
(b), the Secretary shall submit to the Committee on Armed
Services of the Senate, the Committee on Armed Services of
the House of Representatives, the Committee on Energy and
Natural Resources of the Senate, and the Committee on
Science, Space, and Technology of the House of
Representatives a report on the microlab program under
subsection (b), including findings and recommendations of the
Secretary.
(d) Authorization of Appropriations.--
There is authorized to be appropriated to carry out this
Act $50,000,000 for fiscal year 2016.
Subtitle D--Grid Reliability
SEC. 4301. BULK-POWER SYSTEM RELIABILITY IMPACT STATEMENT.
(a) Reliability Reports.--Section 215(g) of the Federal
Power Act (16 U.S.C. 824o(g)) is amended--
(1) by striking ``The ERO'' and inserting the following:
``(1) In general.--The ERO''; and
(2) by adding at the end the following:
``(2) Regional entities.--Not later than 180 days after the
date of enactment of this paragraph and not less than every 3
years thereafter, each regional entity shall submit to the
appropriate committees of Congress and the Commission a
report that describes, as of the date of the report--
``(A) the state of and prospects for the reliability of
electricity within the geographic area covered by the
regional entity; and
``(B) the most significant risks to the reliability of the
bulk-power system that might arise or need to be monitored
within the geographic area covered by the regional entity,
including risks from proposed or final Federal
regulations.''.
(b) Reliability Impact Statement.--Section 215 of the
Federal Power Act (16 U.S.C. 824o) is amended by adding at
the end the following:
``(l) Reliability Impact Statement.--
``(1) Solicitation by commission.--Not later than 15 days
after the date on which the head of a Federal agency proposes
a major rule (as defined in section 804 of title 5, United
States Code) that may significantly affect the reliable
operation of the bulk-power system, the Commission shall
solicit from any applicable regional entity affected by the
proposed rule a reliability impact statement with respect to
the proposed rule.
``(2) Voluntary submission by regional entity.--A regional
entity may prepare, on the initiative of the regional entity,
a reliability impact statement for any proposed major Federal
rule that the regional entity determines would significantly
affect the reliable operation of the bulk-power system within
the area covered by the regional entity.
``(3) Multijurisdictional coordination.--If a proposed rule
subject to a reliability impact statement under paragraph (1)
or (2) affects an area broader than the area covered by a
single regional entity, the ERO shall convene a committee of
the affected regional entities to produce a single
reliability impact statement that demonstrates for each
affected area the reliability impact of the proposed rule.
``(4) Requirements.--A reliability impact statement under
paragraph (1) or (2) shall include a detailed statement on--
``(A) the impact of the proposed rule on the reliable
operation of the bulk-power system;
``(B) any adverse effects on the reliable operation of the
bulk-power system if the proposed rule was implemented; and
``(C) alternatives to cure the identified adverse
reliability impacts, including, at the discretion of the
regional entity, a no-action alternative.
``(5) Submission to commission.--On completion of a
reliability impact statement under paragraph (1) or (2), the
regional entity or a committee of affected regional entities
convened under paragraph (3) shall submit to the Commission
the reliability impact statement.
``(6) Transmittal to head of federal agency.--On receipt of
a reliability impact statement submitted to the Commission
under paragraph (5), the Commission shall transmit to the
head of the applicable Federal agency the reliability impact
statement prepared under this subsection for inclusion in the
public record.
``(7) Inclusion of detailed response in final rule.--With
respect to a final major rule subject to a reliability impact
statement prepared under paragraph (1) or (2), the head of
the Federal agency shall--
``(A) consider the reliability impact statement;
``(B) give due weight to the technical expertise of the
regional entity with respect to matters that are the subject
of the reliability impact statement; and
``(C) include in the final rule a detailed response to the
reliability impact statement that reasonably addresses the
detailed statements required under paragraph (4).''.
SEC. 4302. REPORT BY TRANSMISSION ORGANIZATIONS ON DIVERSITY
OF SUPPLY.
(a) Definitions.--In this section:
(1) Electric generating capacity resource.--
(A) In general.--The term ``electric generating capacity
resource'' means an electric generating resource, as measured
by the maximum load-carrying ability of the resource,
exclusive of station use and planned, unplanned, or other
outage or derating subject to dispatch by the transmission
organization to meet the resource adequacy needs of the
systems operated by the transmission organization.
(B) Effect.--The term ``electric generating capacity
resource'' does not address non-electric generating resources
that are qualified as capacity resources in the tariffs of
various transmission organizations as of the date of
enactment of this Act.
(2) Transmission organization.--The term ``transmission
organization'' has the meaning given the term in section 3 of
the Federal Power Act (16 U.S.C. 796).
(b) Report.--
(1) Notice.--Not later than 14 days after the date of
enactment of this Act, the Commission (as the term is defined
in section 3 of the Federal Power Act (16 U.S.C. 796)) shall
submit to each transmission organization that has a tariff on
file with the Commission that includes provisions addressing
the procurement of electric generating capacity resources, a
notice that the transmission organization is required to file
with the Commission a report in accordance with paragraph
(2).
(2) Report.--Not later than 180 days after the date on
which a transmission organization receives a notice under
paragraph (1), the transmission organization shall submit to
the Commission a report that, to the maximum extent
practicable--
(A)(i) identifies electric generating capacity resources
that are available to the transmission organization as of the
date of the report; and
(ii) describes the primary energy sources and operational
characteristics of electric capacity resources available, in
the aggregate, to the transmission organization;
(B) evaluates, using generally accepted metrics, the
current operational performance, in the aggregate, of
electric capacity resources;
(C) identifies, for the aggregate of electric generating
capacity resources available to the transmission
organization--
[[Page S207]]
(i) over the short- and long-term periods in the planning
cycle of the transmission organization, reasonable
projections concerning the operational and economic risk
profile of electric generating capacity resources;
(ii) the projected future needs of the transmission
organization for electric generating capacity resources; and
(iii) the availability of transmission facilities and
transmission support services necessary to provide for the
transmission organization reasonable assurances of essential
reliability services, including adequate voltage support; and
(D) assesses whether and to what extent the market rules of
the transmission organization--
(i) yield capacity auction clearing prices that promote
necessary and prudent investment;
(ii) yield energy market clearing prices that reflect the
marginal cost of supply, taking into account transmission
constraints and other factors needed to ensure reliable grid
operation;
(iii) produce meaningful price signals that clearly
indicate where new supply and investment are needed;
(iv) reduce uncertainty or instability resulting from
changes to market rules, processes, or protocols;
(v) promote transparency and communication by the market
operator to market participants;
(vi) support a diverse generation portfolio and the
availability of transmission facilities and transmission
support services on a short- and long-term basis necessary to
provide reasonable assurances of a continuous supply of
electricity for customers of the transmission organization at
the proper voltage and frequency; and
(vii) provide an enhanced opportunity for self-supply of
electric generating capacity resources by electric
cooperatives, Federal power marketing agencies, and State
utilities with a service obligation (as those terms are
defined in section 217(a)) of the Federal Power Act (16
U.S.C. 824q(a))) in a manner that is consistent with
traditional utility business models and does not unduly
affect wholesale market prices.
Subtitle E--Management
SEC. 4401. FEDERAL LAND MANAGEMENT.
(a) Definitions.--In this section:
(1) Cadastre.--The term ``cadastre'' means an inventory of
buildings and other real property (including associated
infrastructure such as roads and utility transmission lines
and pipelines) located on land administered by the Secretary,
which is developed through collecting, storing, retrieving,
or disseminating graphical or digital data and any
information related to the data, including surveys, maps,
charts, images, and services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Cadastre of Federal Real Property.--
(1) In general.--The Secretary is authorized--
(A) to develop and maintain a current and accurate
multipurpose cadastre to support Federal land management
activities for the Department of the Interior;
(B) to incorporate any related inventories of Federal real
property, including any inventories prepared under applicable
land or resource management plans; and
(C) to enter into discussions with other Federal agencies
to make the cadastre available for use by the agency to
support agency management activities.
(2) Cost-sharing agreements.--
(A) In general.--The Secretary may enter into cost-sharing
agreements with other Federal agencies, and with States,
Indian tribes, and local governments, to include any non-
Federal land in a State in the cadastre.
(B) Cost share.--The Federal share of any cost agreement
described in subparagraph (A) shall not exceed 50 percent of
the total cost to a State, Indian tribe, or local government
for the development of the cadastre of non-Federal land.
(3) Consolidation and report.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a report on the real property
inventories or any components of any cadastre or related
inventories that--
(A) exist as of the date of enactment of this Act;
(B) are authorized by law or conducted by the Secretary;
and
(C) are of sufficient accuracy to be included in the
cadastre authorized under paragraph (1).
(4) Coordination.--In carrying out this subsection, the
Secretary shall--
(A) participate (in accordance with section 216 of the E-
Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107-
347)) in the establishment of such standards and common
protocols as are necessary to ensure the interoperability of
geospatial information pertaining to the cadastre for all
users of the information;
(B) coordinate with, seek assistance and cooperation of,
and provide liaison to the Federal Geographic Data Committee
pursuant to Office of Management and Budget Circular A-16 and
Executive Order 12906 (43 U.S.C. 1457 note; relating to
coordinating geographic data acquisition and access: the
National Spatial Data Infrastructure) for the implementation
of and compliance with such standards as may be applicable to
the cadastre;
(C) make the cadastre interoperable with the Federal Real
Property Profile established pursuant to Executive Order
13327 (40 U.S.C. 121 note; relating to Federal real property
asset management);
(D) integrate with and leverage, to the maximum extent
practicable, cadastre activities of units of State and local
government; and
(E) use contracts with the private sector, if practicable,
to provide such products and services as are necessary to
develop the cadastre.
(c) Transparency and Public Access.--The Secretary shall--
(1) make the cadastre required under this section
publically available on the Internet in a graphically
geoenabled and searchable format; and
(2) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of the
identity of any buildings or facilities, or information
related to the buildings or facilities, if the disclosure
would impair or jeopardize the national security or homeland
defense of the United States.
(d) Effect.--Nothing in this section--
(1) creates any substantive or procedural right or benefit;
(2) authorizes any new surveying or mapping of Federal real
property, except that a Federal agency may conduct a new
survey to update the accuracy of the inventory data of the
agency before storage on a cadaster; or
(3) authorizes--
(A) the evaluation of any real property owned by the United
States for disposal; or
(B) new appraisals or assessments of the value of--
(i) real property; or
(ii) cultural or archaeological resources on any parcel of
Federal land or other real property.
SEC. 4402. QUADRENNIAL ENERGY REVIEW.
(a) In General.--Section 801 of the Department of Energy
Organization Act (42 U.S.C. 7321) is amended to read as
follows:
``SEC. 801. QUADRENNIAL ENERGY REVIEW.
``(a) Quadrennial Energy Review Task Force.--
``(1) Establishment.--The President shall establish a
Quadrennial Energy Review Task Force (referred to in this
section as the `Task Force') to coordinate the Quadrennial
Energy Review.
``(2) Cochairpersons.--The President shall designate
appropriate senior Federal Government officials to be
cochairpersons of the Task Force.
``(3) Membership.--The Task Force may be comprised of
representatives at level I or II of the Executive Schedule
of--
``(A) the Department of Energy;
``(B) the Department of Commerce;
``(C) the Department of Defense;
``(D) the Department of State;
``(E) the Department of the Interior;
``(F) the Department of Agriculture;
``(G) the Department of the Treasury;
``(H) the Department of Transportation;
``(I) the Department of Homeland Security;
``(J) the Office of Management and Budget;
``(K) the National Science Foundation;
``(L) the Environmental Protection Agency; and
``(M) such other Federal agencies, and entities within the
Executive Office of the President, as the President considers
to be appropriate.
``(b) Conduct of Review.--
``(1) In general.--Each Quadrennial Energy Review shall be
conducted to--
``(A) provide an integrated view of important national
energy objectives and Federal energy policy; and
``(B) identify the maximum practicable alignment of
research programs, incentives, regulations, and partnerships.
``(2) Elements.--A Quadrennial Energy Review shall--
``(A) establish integrated, governmentwide national energy
objectives in the context of economic, environmental, and
security priorities;
``(B) recommend coordinated actions across Federal
agencies;
``(C) assess and recommend priorities for research,
development, and demonstration;
``(D) provide a strong analytical base for Federal energy
policy decisions;
``(E) consider reasonable estimates of future Federal
budgetary resources when making recommendations; and
``(F) be conducted with substantial input from--
``(i) Congress;
``(ii) the energy industry;
``(iii) academia;
``(iv) State, local, and tribal governments;
``(v) nongovernmental organizations; and
``(vi) the public.
``(c) Submission of Quadrennial Energy Review to
Congress.--
``(1) In general.--The President--
``(A) shall publish and submit to Congress a report on the
Quadrennial Energy Review once every 4 years; and
``(B) more frequently than once every 4 years, as the
President determines to be appropriate, may prepare and
publish interim reports as part of the Quadrennial Energy
Review.
``(2) Inclusions.--The reports described in paragraph (1)
shall address or consider, as appropriate--
``(A) an integrated view of short-term, intermediate-term,
and long-term objectives
[[Page S208]]
for Federal energy policy in the context of economic,
environmental, and security priorities;
``(B) potential executive actions (including programmatic,
regulatory, and fiscal actions) and resource requirements--
``(i) to achieve the objectives described in subparagraph
(A); and
``(ii) to be coordinated across multiple agencies;
``(C) analysis of the existing and prospective roles of
parties (including academia, industry, consumers, the public,
and Federal agencies) in achieving the objectives described
in subparagraph (A), including--
``(i) an analysis by energy use sector, including--
``(I) commercial and residential buildings;
``(II) the industrial sector;
``(III) transportation; and
``(IV) electric power;
``(ii) requirements for invention, adoption, development,
and diffusion of energy technologies as they relate to each
of the energy use sectors; and
``(iii) other research that informs strategies to
incentivize desired actions;
``(D) assessment of policy options to increase domestic
energy supplies and energy efficiency;
``(E) evaluation of national and regional energy storage,
transmission, and distribution requirements, including
requirements for renewable energy;
``(F) portfolio assessments that describe the optimal
deployment of resources, including prioritizing financial
resources for energy-relevant programs;
``(G) mapping of the linkages among basic research and
applied programs, demonstration programs, and other
innovation mechanisms across the Federal agencies;
``(H) identification of demonstration projects;
``(I) identification of public and private funding needs
for various energy technologies, systems, and infrastructure,
including consideration of public-private partnerships,
loans, and loan guarantees;
``(J) assessment of global competitors and an
identification of programs that can be enhanced with
international cooperation;
``(K) identification of policy gaps that need to be filled
to accelerate the adoption and diffusion of energy
technologies, including consideration of--
``(i) Federal tax policies; and
``(ii) the role of Federal agencies as early adopters and
purchasers of new energy technologies;
``(L) priority listing for implementation of objectives and
actions taking into account estimated Federal budgetary
resources;
``(M) analysis of--
``(i) points of maximum leverage for policy intervention to
achieve outcomes; and
``(ii) areas of energy policy that can be most effective in
meeting national goals for the energy sector; and
``(N) recommendations for executive branch organization
changes to facilitate the development and implementation of
Federal energy policies.
``(d) Report Development.--The Secretary of Energy shall
provide such support for the Quadrennial Energy Review with
the necessary analytical, financial, and administrative
support for the conduct of each Quadrennial Energy Review
required under this section as may be requested by the
cochairpersons designated under subsection (a)(2).
``(e) Cooperation.--The heads of applicable Federal
agencies shall cooperate with the Secretary and provide such
assistance, information, and resources as the Secretary may
require to assist in carrying out this section.''.
(b) Table of Contents Amendment.--The item relating to
section 801 in the table of contents of such Act is amended
to read as follows:
``Sec. 801. Quadrennial Energy Review.''.
(c) Administration.--Nothing in this section or an
amendment made by this section supersedes, modifies, amends,
or repeals any provision of Federal law not expressly
superseded, modified, amended, or repealed by this section.
SEC. 4403. STATE OVERSIGHT OF OIL AND GAS PROGRAMS.
On request of the Governor of a State, the Secretary of the
Interior shall establish a program under which the Director
of the Bureau of Land Management shall enter into a
memorandum of understanding with the State to consider the
costs and benefits of consistent rules and processes for the
measurement of oil and gas production activities, inspection
of meters or other measurement methodologies, and other
operational activities, as determined by the Secretary of the
Interior.
SEC. 4404. UNDER SECRETARY FOR SCIENCE AND ENERGY.
(a) In General.--Section 202(b) of the Department of Energy
Organization Act (42 U.S.C. 7132(b)) is amended--
(1) in paragraph (1), by striking ``for Science'' and
inserting ``for Science and Energy (referred to in this
subsection as the `Under Secretary')'';
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``for Science''; and
(3) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by striking
``for Science'';
(B) in subparagraph (F), by striking ``and'' at the end;
(C) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(D) by inserting after subparagraph (G) the following:
``(H) establish appropriate linkages between offices under
the jurisdiction of the Under Secretary; and
``(I) perform such functions and duties as the Secretary
shall prescribe, consistent with this section.''.
(b) Conforming Amendment.--Section 641(h)(2) of the United
States Energy Storage Competitiveness Act of 2007 (42 U.S.C.
17231(h)(2)) is amended by striking ``Under Secretary for
Science'' and inserting ``Under Secretary for Science and
Energy''.
Subtitle F--Markets
SEC. 4501. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES.
(a) In General.--Section 205 of the Department of Energy
Organization Act (42 U.S.C. 7135) is amended by adding at the
end the following:
``(n) Collection of Information on Critical Energy
Supplies.--
``(1) In general.--To ensure transparency of information
relating to energy infrastructure and product ownership in
the United States and improve the ability to evaluate the
energy security of the United States, the Administrator, in
consultation with other Federal agencies (as necessary),
shall--
``(A) not later than 120 days after the date of enactment
of this subsection, develop and provide notice of a plan to
collect, in cooperation with the Commodity Futures Trade
Commission, information identifying all oil inventories, and
other physical oil assets (including all petroleum-based
products and the storage of such products in off-shore
tankers), that are owned by the 50 largest traders of oil
contracts (including derivative contracts), as determined by
the Commodity Futures Trade Commission; and
``(B) not later than 90 days after the date on which notice
is provided under subparagraph (A), implement the plan
described in that subparagraph.
``(2) Information.--The plan required under paragraph (1)
shall include a description of the plan of the Administrator
for collecting company-specific data, including--
``(A) volumes of product under ownership; and
``(B) storage and transportation capacity (including owned
and leased capacity).
``(3) Protection of proprietary information.--Section 12(f)
of the Federal Energy Administration Act of 1974 (15 U.S.C.
771(f)) shall apply to information collected under this
subsection.
``(o) Collection of Information on Storage Capacity for Oil
and Natural Gas.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, the Administrator of the Energy
Information Administration shall collect information
quantifying the commercial storage capacity for oil and
natural gas in the United States.
``(2) Updates.--The Administrator shall update annually the
information required under paragraph (1).
``(3) Protection of proprietary information.--Section 12(f)
of the Federal Energy Administration Act of 1974 (15 U.S.C.
771(f)) shall apply to information collected under this
subsection.
``(p) Financial Market Analysis Office.--
``(1) Establishment.--There shall be within the Energy
Information Administration a Financial Market Analysis
Office.
``(2) Duties.--The Office shall--
``(A) be responsible for analysis of the financial aspects
of energy markets;
``(B) review the reports required by section 4503(c) of the
Energy Policy Modernization Act of 2016 in advance of the
submission of the reports to Congress; and
``(C) not later than 1 year after the date of enactment of
this subsection--
``(i) make recommendations to the Administrator of the
Energy Information Administration that identify and quantify
any additional resources that are required to improve the
ability of the Energy Information Administration to more
fully integrate financial market information into the
analyses and forecasts of the Energy Information
Administration, including the role of energy futures
contracts, energy commodity swaps, and derivatives in price
formation for oil;
``(ii) conduct a review of implications of policy changes
(including changes in export or import policies) and changes
in how crude oil and refined petroleum products are
transported with respect to price formation of crude oil and
refined petroleum products; and
``(iii) notify the Committee on Energy and Natural
Resources, and the Committee on Appropriations, of the Senate
and the Committee on Energy and Commerce, and the Committee
on Appropriations, of the House of Representatives of the
recommendations described in clause (i).
``(3) Analyses.--The Administrator of the Energy
Information Administration shall take analyses by the Office
into account in conducting analyses and forecasting of energy
prices.''.
(b) Conforming Amendment.--Section 645 of the Department of
Energy Organization Act (42 U.S.C. 7255) is amended by
inserting ``(15 U.S.C. 3301 et seq.) and the Natural Gas Act
(15 U.S.C. 717 et seq.)'' after ``Natural Gas Policy Act of
1978''.
SEC. 4502. WORKING GROUP ON ENERGY MARKETS.
(a) Establishment.--There is established a Working Group on
Energy Markets (referred to in this section as the ``Working
Group'').
[[Page S209]]
(b) Composition.--The Working Group shall be composed of--
(1) the Secretary;
(2) the Secretary of the Treasury;
(3) the Chairman of the Federal Energy Regulatory
Commission;
(4) the Chairman of Federal Trade Commission;
(5) the Chairman of the Securities and Exchange Commission;
(6) the Chairman of the Commodity Futures Trading
Commission; and
(7) the Administrator of the Energy Information
Administration.
(c) Chairperson.--The Secretary shall serve as the
Chairperson of the Working Group.
(d) Compensation.--A member of the Working Group shall
serve without additional compensation for the work of the
member of the Working Group.
(e) Purpose and Function.--The Working Group shall--
(1) investigate the effect of increased financial
investment in energy commodities on energy prices and the
energy security of the United States;
(2) recommend to the President and Congress laws (including
regulations) that may be needed to prevent excessive
speculation in energy commodity markets in order to prevent
or minimize the adverse impact of excessive speculation on
energy prices on consumers and the economy of the United
States; and
(3) review energy security implications of developments in
international energy markets.
(f) Administration.--The Secretary shall provide the
Working Group with such administrative and support services
as may be necessary for the performance of the functions of
the Working Group.
(g) Cooperation of Other Agencies.--The heads of Executive
departments, agencies, and independent instrumentalities
shall, to the extent permitted by law, provide the Working
Group with such information as the Working Group requires to
carry out this section.
(h) Consultation.--The Working Group shall consult, as
appropriate, with representatives of the various exchanges,
clearinghouses, self-regulatory bodies, other major market
participants, consumers, and the general public.
SEC. 4503. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS.
(a) Study.--The Working Group shall conduct a study--
(1) to identify the factors that affect the pricing of
crude oil and refined petroleum products, including an
examination of the effects of market speculation on prices;
and
(2) to review and assess--
(A) existing statutory authorities relating to the
oversight and regulation of markets critical to the energy
security of the United States; and
(B) the need for additional statutory authority for the
Federal Government to effectively oversee and regulate
markets critical to the energy security of the United States.
(b) Elements of Study.--The study shall include--
(1) an examination of price formation of crude oil and
refined petroleum products;
(2) an examination of relevant international regulatory
regimes; and
(3) an examination of the degree to which changes in energy
market transparency, liquidity, and structure have influenced
or driven abuse, manipulation, excessive speculation, or
inefficient price formation.
(c) Report and Recommendations.--The Secretary 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 quarterly progress reports during the
conduct of the study under this section, and a final report
not later than 1 year after the date of enactment of this
Act, that--
(1) describes the results of the study; and
(2) provides options and the recommendations of the Working
Group for appropriate Federal coordination of oversight and
regulatory actions to ensure transparency of crude oil and
refined petroleum product pricing and the elimination of
excessive speculation, including recommendations on data
collection and analysis to be carried out by the Financial
Market Analysis Office established by section 205(p) of the
Department of Energy Organization Act (42 U.S.C. 7135(p)).
Subtitle G--Affordability
SEC. 4601. E-PRIZE COMPETITION PILOT PROGRAM.
Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) is amended by adding at the end the following:
``(g) E-prize Competition Pilot Program.--
``(1) Definitions.--In this section:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) a private sector for-profit or nonprofit entity;
``(ii) a public-private partnership; or
``(iii) a local, municipal, or tribal governmental entity.
``(B) High-cost region.--The term `high-cost region' means
a region in which the average annual unsubsidized costs of
electrical power retail rates or household space heating
costs per square foot exceed 150 percent of the national
average, as determined by the Secretary.
``(2) E-prize competition pilot program.--
``(A) In general.--The Secretary shall establish an e-prize
competition or challenge pilot program to broadly implement
sustainable community and regional energy solutions that seek
to reduce energy costs through increased efficiency,
conservation, and technology innovation in high-cost regions.
``(B) Selection.--In carrying out the pilot program under
subparagraph (A), the Secretary shall award a prize purse, in
amounts to be determined by the Secretary, to each eligible
entity selected through 1 or more of the following
competitions or challenges:
``(i) A point solution competition that rewards and spurs
the development of solutions for a particular, well-defined
problem.
``(ii) An exposition competition that helps identify and
promote a broad range of ideas and practices that may not
otherwise attract attention, facilitating further development
of the idea or practice by third parties.
``(iii) A participation competition that creates value
during and after the competition by encouraging contestants
to change their behavior or develop new skills that may have
beneficial effects during and after the competition.
``(iv) Such other types of prizes or challenges as the
Secretary, in consultation with relevant heads of Federal
agencies, considers appropriate to stimulate innovation that
has the potential to advance the mission of the applicable
Federal agency.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000,
to remain available until expended.''.
Subtitle H--Code Maintenance
SEC. 4701. 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. 4702. REPEAL OF METHANOL STUDY.
Section 400EE of the Energy Policy and Conservation Act (42
U.S.C. 6374d) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
SEC. 4703. REPEAL OF AUTHORIZATION OF APPROPRIATIONS
PROVISION.
(a) Repeal.--Section 208 of the Energy Conservation and
Production Act (42 U.S.C. 6808) is repealed.
(b) Conforming Amendment.--The table of contents for the
Energy Conservation and Production Act (Public Law 94-385; 90
Stat. 1126) is amended by striking the item relating to
section 208.
SEC. 4704. 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. 4705. 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. 4706. 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. 4707. 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. 4708. 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. 4709. 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
[[Page S210]]
(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. 4710. 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. 4711. 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 et seq.) 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. 4712. 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. 4713. 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. 4714. 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. 4715. 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. 4716. 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. 4717. 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. 4718. 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'';
and
(B) by striking subsection (a).
(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) 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. 4719. ENERGY SECURITY ACT REPEALS.
(a) Biomass Energy Development Plans.--Subtitle A of title
II of the Energy Security Act (42 U.S.C. 8811 et seq.) is
repealed.
(b) Municipal Waste Biomass Energy.--Subtitle B of title II
of the Energy Security Act (42 U.S.C. 8831 et seq.) is
repealed.
(c) Use of Gasohol in Federal Motor Vehicles.--Section 271
of the Energy Security Act (42 U.S.C. 8871) is repealed.
(d) Conforming Amendments.--
(1) The table of contents for the Energy Security Act
(Public Law 96-294; 94 Stat. 611) is amended--
(A) by striking the items relating to subtitle A and B of
title II;
(B) by striking the item relating to section 204 and
inserting the following:
``Sec. 204. Funding........................................''; and....
(C) by striking the item relating to section 271.
(2) Section 203 of the Biomass Energy and Alcohol Fuels Act
of 1980 (42 U.S.C. 8802) is amended--
(A) by striking paragraph (16); and
(B) by redesignating paragraphs (17) through (19) as
paragraphs (16) through (18), respectively.
(3) Section 204 of the Energy Security Act (42 U.S.C. 8803)
is amended--
(A) in the section heading, by striking ``for subtitles a
and b''; and
(B) in subsection (a)--
(i) in paragraph (1), by adding ``and'' after the semicolon
at the end;
(ii) in paragraph (2), by striking ``; and'' at the end and
inserting a period; and
(iii) by striking paragraph (3).
SEC. 4720. NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION ACT OF 1980 REPEALS.
Sections 5 and 6 of the Nuclear Safety Research,
Development, and Demonstration Act of 1980 (42 U.S.C. 9704,
9705) are repealed.
SEC. 4721. ELIMINATION AND CONSOLIDATION OF CERTAIN AMERICA
COMPETES PROGRAMS.
(a) Elimination of Program Authorities.--
(1) Nuclear science talent expansion program for
institutions of higher education.--Section 5004 of the
America COMPETES Act (42 U.S.C. 16532) is repealed.
(2) Hydrocarbon systems science talent expansion program
for institutions of higher education.--
(A) In general.--Section 5005(e) of the America COMPETES
Act (42 U.S.C. 16533(e)) is repealed.
(B) Conforming amendments.--Section 5005(f) of the America
COMPETES Act (42 U.S.C. 16533(f)) is amended--
(i) by striking paragraph (2);
(ii) by striking the subsection designation and heading and
all that follows through ``There are'' in paragraph (1) and
inserting the following:
``(e) Authorization of Appropriations.--There are''; and
(iii) by redesignating subparagraphs (A) through (F) as
paragraphs (1) through (6), respectively, and indenting
appropriately.
(3) Discovery science and engineering innovation
institutes.--Section 5008 of the America COMPETES Act (42
U.S.C. 16535) is repealed.
(4) Elimination of duplicative authority for education
programs.--Sections 3181 and 3185 of the Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381l, 42 U.S.C.
7381n) are repealed.
(5) Mentoring program.--Section 3195 of the Department of
Energy Science Education Enhancement Act (42 U.S.C. 7381r) is
repealed.
(b) Repeal of Authorizations.--
(1) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of
the America COMPETES Act (42 U.S.C. 16534) is amended by
striking subsection (h).
(2) Distinguished scientist program.--Section 5011 of the
America COMPETES Act (42 U.S.C. 16537) is amended by striking
subsection (j).
(3) Protecting america's competitive edge (pace) graduate
fellowship program.--Section 5009 of the America COMPETES Act
(42 U.S.C. 16536) is amended by striking subsection (f).
(c) Consolidation of Duplicative Program Authorities.--
(1) University nuclear science and engineering support.--
Section 954 of the Energy Policy Act of 2005 (42 U.S.C.
16274) is amended--
(A) in subsection (a), by inserting ``nuclear chemistry,''
after ``nuclear engineering,''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(ii) by inserting after paragraph (2) the following:
``(3) award grants, not to exceed 5 years in duration, to
institutions of higher education with existing academic
degree programs in nuclear sciences and related fields--
``(A) to increase the number of graduates in nuclear
science and related fields;
``(B) to enhance the teaching and research of advanced
nuclear technologies;
``(C) to undertake collaboration with industry and National
Laboratories; and
``(D) to bolster or sustain nuclear infrastructure and
research facilities of institutions of higher education, such
as research and training reactors and laboratories;''.
(2) Consolidation of department of energy early career
awards for science, engineering, and mathematics researchers
program and distinguished scientist program.--
(A) Funding.--Section 971(c) of the Energy Policy Act of
2005 (42 U.S.C. 16311(c)) is amended by adding at the end the
following:
``(8) For the Department of Energy early career awards for
science, engineering, and mathematics researchers program
under section 5006 of the America COMPETES Act (42
[[Page S211]]
U.S.C. 16534) and the distinguished scientist program under
section 5011 of that Act (42 U.S.C. 16537), $150,000,000 for
each of fiscal years 2016 through 2020, of which not more
than 65 percent of the amount made available for a fiscal
year under this paragraph may be used to carry out section
5006 or 5011 of that Act.''.
(B) Department of energy early career awards for science,
engineering, and mathematics researchers.--Section 5006 of
the America COMPETES Act (42 U.S.C. 16534) is amended--
(i) in subsection (b)(1)--
(I) in the matter preceding subparagraph (A)--
(aa) by inserting ``average'' before ``amount''; and
(bb) by inserting ``for each year'' before ``shall'';
(II) in subparagraph (A), by striking ``$80,000'' and
inserting ``$190,000''; and
(III) in subparagraph (B), by striking ``$125,000'' and
inserting ``$490,000'';
(ii) in subsection (c)(1)(C)--
(I) in clause (i)--
(aa) by striking ``assistant professor or equivalent
title'' and inserting ``untenured assistant or associate
professor''; and
(bb) by inserting ``or'' after the semicolon at the end;
(II) by striking clause (ii); and
(III) by redesignating clause (iii) as clause (ii);
(iii) in subsection (d), by striking ``on a competitive,
merit-reviewed basis'' and inserting ``through a competitive
process using merit-based peer review.'';
(iv) in subsection (e)--
(I) by striking ``(e)'' and all that follows through ``To
be eligible'' and inserting the following:
``(e) Selection Process and Criteria.--To be eligible'';
and
(II) by striking paragraph (2); and
(v) in subsection (f)(1), by striking ``nonprofit,
nondegree-granting research organizations'' and inserting
``National Laboratories''.
(3) Science education programs.--Section 3164 of the
Department of Energy Science Education Enhancement Act (42
U.S.C. 7381a) is amended--
(A) in subsection (b)--
(i) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--The Director of the Office of Science
(referred to in this subsection as the `Director') shall
provide for appropriate coordination of science, technology,
engineering, and mathematics education programs across all
functions of the Department.
``(2) Administration.--In carrying out paragraph (1), the
Director shall--
``(A) consult with--
``(i) the Assistant Secretary of Energy with responsibility
for energy efficiency and renewable energy programs; and
``(ii) the Deputy Administrator for Defense Programs of the
National Nuclear Security Administration; and
``(B) seek to increase the participation and advancement of
women and underrepresented minorities at every level of
science, technology, engineering, and mathematics
education.''; and
(ii) in paragraph (3)--
(I) in subparagraph (D), by striking ``and'' at the end;
(II) by redesignating subparagraph (E) as subparagraph (F);
and
(III) by inserting after subparagraph (D) the following:
``(E) represent the Department as the principal interagency
liaison for all coordination activities under the President
for science, technology, engineering, and mathematics
education programs; and''; and
(B) in subsection (d)--
(i) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Report.--Not later than 180 days after the date of
enactment of this subparagraph, the Director shall submit a
report describing the impact of the activities assisted with
the Fund established under paragraph (1) to--
``(A) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(B) the Committee on Energy and Natural Resources of the
Senate.''.
(4) Protecting america's competitive edge (pace) graduate
fellowship program.--Section 5009 of the America COMPETES Act
(42 U.S.C. 16536) is amended--
(A) in subsection (c)--
(i) in paragraph (1) by striking ``, involving'' and all
that follows through ``Secretary''; and
(ii) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) to demonstrate excellent academic performance and
understanding of scientific or technical subjects; and'';
(B) in subsection (d)(1)(B)(i), by inserting ``full or
partial'' before ``graduate tuition''; and
(C) in subsection (e), in the matter preceding paragraph
(1), by striking ``Director of Science, Engineering, and
Mathematics Education'' and inserting ``Director of the
Office of Science.''.
(d) Conforming Amendments.--The table of contents for the
America COMPETES ACT (Public Law 110-69; 121 Stat. 573) is
amended by striking the items relating to sections 5004 and
5008.
SEC. 4722. 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. 1126) is amended by striking the item relating to
section 207.
SEC. 4723. 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. 4724. 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 Amendment.--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
569.
SEC. 4725. 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.
SEC. 4726. REPEAL OF AUTHORIZATION OF APPROPRIATIONS.
(a) Repeal.--Subtitle F of title VII of the Powerplant and
Industrial Fuel Use Act of 1978 (42 U.S.C. 8461) 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 subtitle F of title VII.
SEC. 4727. REPEAL OF RENEWABLE ENERGY AND ENERGY EFFICIENCY
TECHNOLOGY COMPETITIVENESS ACT OF 1989.
(a) Repeal.--The Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et
seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 6(b)(3) of the Federal Nonnuclear Energy
Research and Development Act of 1974 (42 U.S.C. 5905(b)(3))
is amended--
(A) in subparagraph (Q), by adding ``and'' after the
semicolon;
(B) by striking subparagraph (R); and
(C) by redesignating subparagraph (S) as subparagraph (R).
(2) Section 1204 of the Energy Policy Act of 1992 (42
U.S.C. 13313) is amended--
(A) in subsection (b), in the matter preceding paragraph
(1), in the first sentence, by striking ``, in consultation
with'' and all that follows through ``under section 6 of the
Renewable Energy and Energy Efficiency Technology
Competitiveness Act of 1989,''; and
(B) in subsection (c), by striking ``, in consultation with
the Advisory Committee,''.
SEC. 4728. REPEAL OF HYDROGEN RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
The Spark M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990 (42 U.S.C. 12401 et seq.) is
repealed.
SEC. 4729. REPEAL OF STUDY ON ALTERNATIVE FUEL USE IN NONROAD
VEHICLES AND ENGINES.
(a) In General.--Section 412 of the Energy Policy Act of
1992 (42 U.S.C. 13238) 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
412.
SEC. 4730. REPEAL OF LOW INTEREST LOAN PROGRAM FOR SMALL
BUSINESS FLEET PURCHASES.
(a) In General.--Section 414 of the Energy Policy Act of
1992 (42 U.S.C. 13239) 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
414.
SEC. 4731. REPEAL OF TECHNICAL AND POLICY ANALYSIS FOR
REPLACEMENT FUEL DEMAND AND SUPPLY INFORMATION.
(a) In General.--Section 506 of the Energy Policy Act of
1992 (42 U.S.C. 13256) 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 506.
(2) Section 507(m) of the Energy Policy Act of 1992 (42
U.S.C. 13257(m)) is amended by striking ``and section 506''.
[[Page S212]]
SEC. 4732. REPEAL OF 1992 REPORT ON CLIMATE CHANGE.
(a) In General.--Section 1601 of the Energy Policy Act of
1992 (42 U.S.C. 13381) 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 1601.
(2) Section 1602(a) of the Energy Policy Act of 1992 (42
U.S.C. 13382(a)) is amended, in the matter preceding
paragraph (1), in the third sentence, by striking ``the
report required under section 1601 and''.
SEC. 4733. REPEAL OF DIRECTOR OF CLIMATE PROTECTOR
ESTABLISHMENT.
(a) In General.--Section 1603 of the Energy Policy Act of
1992 (42 U.S.C. 13383) 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
1603.
SEC. 4734. REPEAL OF 1994 REPORT ON GLOBAL CLIMATE CHANGE
EMISSIONS.
(a) In General.--Section 1604 of the Energy Policy Act of
1992 (42 U.S.C. 13384) 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
1604.
SEC. 4735. REPEAL OF TELECOMMUTING STUDY.
(a) In General.--Section 2028 of the Energy Policy Act of
1992 (42 U.S.C. 13438) 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
2028.
SEC. 4736. REPEAL OF ADVANCED BUILDINGS FOR 2005 PROGRAM.
(a) In General.--Section 2104 of the Energy Policy Act of
1992 (42 U.S.C. 13454) 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 2104.
(2) Section 2101(a) of the Energy Policy Act of 1992 (42
U.S.C. 13451(a)) (as amended by section 1201(d)(3)) is
amended, in the third sentence, by striking ``2104,''.
SEC. 4737. REPEAL OF ENERGY RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND COMMERCIAL APPLICATION
ADVISORY BOARD.
(a) In General.--Section 2302 of the Energy Policy Act of
1992 (42 U.S.C. 13522) 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 2302.
(2) Section 6 of the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5905) is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), in the first sentence, by striking ``, in consultation
with the Advisory Board established under section 2302 of the
Energy Policy Act of 1992,'';
(B) in subsection (b)--
(i) in paragraph (1), in the first sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''; and
(ii) in paragraph (2), in the second sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''; and
(C) in subsection (c), in the first sentence, by striking
``, in consultation with the Advisory Board established under
section 2302 of the Energy Policy Act of 1992,''.
(3) Section 2011(c) of the Energy Policy Act of 1992 (42
U.S.C. 13411(c)) is amended, in the second sentence, by
striking ``, and with the Advisory Board established under
section 2302''.
(4) Section 2304 of the Energy Policy Act of 1992 (42
U.S.C. 13523), is amended--
(A) in subsection (a), by striking ``, in consultation with
the Advisory Board established under section 2302,''; and
(B) in subsection (c), in the matter preceding paragraph
(1), in the first sentence, by striking ``, with the advice
of the Advisory Board established under section 2302 of this
Act,''.
SEC. 4738. REPEAL OF STUDY ON USE OF ENERGY FUTURES FOR FUEL
PURCHASE.
(a) In General.--Section 3014 of the Energy Policy Act of
1992 (42 U.S.C. 13552) 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
3014.
SEC. 4739. REPEAL OF ENERGY SUBSIDY STUDY.
(a) In General.--Section 3015 of the Energy Policy Act of
1992 (42 U.S.C. 13553) 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
3015.
TITLE V--CONSERVATION REAUTHORIZATION
SEC. 5001. NATIONAL PARK SERVICE MAINTENANCE AND
REVITALIZATION CONSERVATION FUND.
(a) In General.--Chapter 1049 of title 54, United States
Code, is amended by adding at the end the following:
``Sec. 104908. National Park Service Maintenance and
Revitalization Conservation Fund
``(a) In General.--There is established in the Treasury a
fund, to be known as the `National Park Service Critical
Maintenance and Revitalization Conservation Fund' (referred
to in this section as the `Fund').
``(b) Deposits to Fund.--Notwithstanding any provision of
law providing that the proceeds shall be credited to
miscellaneous receipts of the Treasury, for each fiscal year,
there shall be deposited in the Fund, from revenues due and
payable to the United States under section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) $150,000,000.
``(c) Use and Availability.--
``(1) In general.--Amounts deposited in the Fund shall--
``(A) be used only for the purposes described in subsection
(d); and
``(B) be available for expenditure only after the amounts
are appropriated for those purposes.
``(2) Availability.--Any amounts in the Fund not
appropriated shall remain available in the Fund until
appropriated.
``(3) No limitation.--Appropriations from the Fund pursuant
to this section may be made without fiscal year limitation.
``(d) National Park System Critical Deferred Maintenance.--
The Secretary shall use amounts appropriated from the Fund
for high-priority deferred maintenance needs of the Service
that support critical infrastructure and visitor services.
``(e) Land Acquisition Prohibition.--Amounts in the Fund
shall not be used for land acquisition.''.
(b) Clerical Amendment.--The table of sections for chapter
1049 of title 54, United States Code, is amended by inserting
after the item relating to section 104907 the following:
``Sec. 104908. National Park Service Maintenance and Revitalization
Conservation Fund.''.
SEC. 5002. LAND AND WATER CONSERVATION FUND.
(a) Reauthorization.--Section 200302 of title 54, United
States Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30,
2018, there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2018''.
(b) Allocation of Funds.--Section 200304 of title 54,
United States Code, is amended--
(1) by striking ``There'' and inserting ``(a) In General.--
There''; and
(2) by striking the second sentence and inserting the
following:
``(b) Allocation.--Of the appropriations from the Fund--
``(1) not less than 40 percent shall be used collectively
for Federal purposes under section 200306;
``(2) not less than 40 percent shall be used collectively--
``(A) to provide financial assistance to States under
section 200305;
``(B) for the Forest Legacy Program established under
section 7 of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2103c);
``(C) for cooperative endangered species grants authorized
under section 6 of the Endangered Species Act of 1973 (16
U.S.C. 1535); and
``(D) for the American Battlefield Protection Program
established under chapter 3081; and
``(3) not less than 1.5 percent or $10,000,000, whichever
is greater, shall be used for projects that secure
recreational public access to Federal public land for
hunting, fishing, or other recreational purposes.''.
(c) Conservation Easements.--Section 200306 of title 54,
United States Code, is amended by adding at the end the
following:
``(c) Conservation Easements.--The Secretary and the
Secretary of Agriculture shall consider the acquisition of
conservation easements and other similar interests in land
where appropriate and feasible.''.
(d) Acquisition Considerations.--Section 200306 of title
54, United States Code (as amended by subsection (c)), is
amended by adding at the end the following:
``(d) Acquisition Considerations.--The Secretary and the
Secretary of Agriculture shall take into account the
following in determining the land or interests in land to
acquire:
``(1) Management efficiencies.
``(2) Management cost savings.
``(3) Geographic distribution.
``(4) Significance of the acquisition.
``(5) Urgency of the acquisition.
``(6) Threats to the integrity of the land to be acquired.
``(7) The recreational value of the land.''.
SEC. 5003. HISTORIC PRESERVATION FUND.
Section 303102 of title 54, United States Code, is amended
by striking ``of fiscal years 2012 to 2015'' and inserting
``fiscal year''.
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