[Congressional Record (Bound Edition), Volume 161 (2015), Part 14]
[House]
[Pages 19226-19286]
[From the U.S. Government Publishing Office, www.gpo.gov]




     NORTH AMERICAN ENERGY SECURITY AND INFRASTRUCTURE ACT OF 2015


                             General Leave

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

                              {time}  1541


                     In the Committee of the Whole

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

                                 H.R. 8

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

Sec. 1101. FERC process coordination.
Sec. 1102. Resolving environmental and grid reliability conflicts.
Sec. 1103. Emergency preparedness for energy supply disruptions.
Sec. 1104. Critical electric infrastructure security.
Sec. 1105. Strategic Transformer Reserve.
Sec. 1106. Cyber Sense.
Sec. 1107. State coverage and consideration of PURPA standards for 
              electric utilities.
Sec. 1108. Reliability analysis for certain rules that affect electric 
              generating facilities.
Sec. 1109. Carbon capture, utilization, and sequestration technologies.
Sec. 1110. Reliability and performance assurance in Regional 
              Transmission Organizations.

      Subtitle B--Energy Security and Infrastructure Modernization

Sec. 1201. Energy Security and Infrastructure Modernization Fund.

            Subtitle C--Hydropower Regulatory Modernization

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

                    TITLE II--21ST CENTURY WORKFORCE

Sec. 2001. Energy and manufacturing workforce development.

                TITLE III--ENERGY SECURITY AND DIPLOMACY

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

             TITLE IV--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              Chapter 1--Federal Agency Energy Efficiency

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

        Chapter 2--Energy Efficient Technology and Manufacturing

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

               Chapter 3--Energy Performance Contracting

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

                      Chapter 4--School Buildings

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

                    Chapter 5--Building Energy Codes

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

        Chapter 6--EPCA Technical Corrections and Clarifications

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

                 Chapter 7--Energy and Water Efficiency

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

                       Subtitle B--Accountability

      Chapter 1--Market Manipulation, Enforcement, and Compliance

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

                       Chapter 2--Market Reforms

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

                      Chapter 3--Code Maintenance

Sec. 4231. Repeal of off-highway motor vehicles study.
Sec. 4232. Repeal of methanol study.
Sec. 4233. Repeal of residential energy efficiency standards study.
Sec. 4234. Repeal of weatherization study.

[[Page 19227]]

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

                    Chapter 4--Use of Existing Funds

Sec. 4261. Use of existing funds.

              TITLE V--NATIONAL ENERGY SECURITY CORRIDORS

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

        TITLE VI--ELECTRICITY RELIABILITY AND FOREST PROTECTION

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

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

     SEC. 1101. FERC PROCESS COORDINATION.

       Section 15 of the Natural Gas Act (15 U.S.C. 717n) is 
     amended--
       (1) by amending subsection (b)(2) to read as follows:
       ``(2) Other agencies.--
       ``(A) In general.--Each Federal and State agency 
     considering an aspect of an application for Federal 
     authorization shall cooperate with the Commission and comply 
     with the deadlines established by the Commission.
       ``(B) Identification.--The Commission shall identify, as 
     early as practicable after it is notified by a prospective 
     applicant of a potential project requiring Commission 
     authorization, any Federal or State agency, local government, 
     or Indian tribe that may consider an aspect of an application 
     for that Federal authorization.
       ``(C) Notification.--
       ``(i) In general.--The Commission shall notify any agency 
     identified under subparagraph (B) of the opportunity to 
     cooperate or participate in the review process.
       ``(ii) Deadline.--A notification issued under clause (i) 
     shall establish a deadline by which a response to the 
     notification shall be submitted, which may be extended by the 
     Commission for good cause.'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``and'' at the end of subparagraph (A);
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (iii) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) set deadlines for all such Federal authorizations; 
     and'';
       (B) by striking paragraph (2); and
       (C) by adding at the end the following new paragraphs:
       ``(2) Deadline for federal authorizations.--A final 
     decision on a Federal authorization is due no later than 90 
     days after the Commission issues its final environmental 
     document, unless a schedule is otherwise established by 
     Federal law.
       ``(3) Concurrent reviews.--Each Federal and State agency 
     considering an aspect of an application for a Federal 
     authorization shall--
       ``(A) carry out the obligations of that agency under 
     applicable law concurrently, and in conjunction, with the 
     review required by the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), unless doing so would impair 
     the ability of the agency to conduct needed analysis or 
     otherwise carry out those obligations;
       ``(B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of required Federal authorizations no later than 
     90 days after the Commission issues its final environmental 
     document; and
       ``(C) transmit to the Commission a statement--
       ``(i) acknowledging receipt of the schedule established 
     under paragraph (1); and
       ``(ii) setting forth the plan formulated under subparagraph 
     (B) of this paragraph.
       ``(4) Issue identification and resolution.--
       ``(A) Identification.--Federal and State agencies that may 
     consider an aspect of an application for Federal 
     authorization shall identify, as early as possible, any 
     issues of concern that may delay or prevent an agency from 
     working with the Commission to resolve such issues and 
     granting such authorization.
       ``(B) Issue resolution.--The Commission may forward any 
     issue of concern identified under subparagraph (A) to the 
     heads of the relevant agencies (including, in the case of a 
     failure by the State agency, the Federal agency overseeing 
     the delegated authority) for resolution.
       ``(5) Failure to meet schedule.--If a Federal or State 
     agency does not complete a proceeding for an approval that is 
     required for a Federal authorization in accordance with the 
     schedule established by the Commission under paragraph (1)--
       ``(A) the applicant may pursue remedies under section 
     19(d); and
       ``(B) the head of the relevant Federal agency (including, 
     in the case of a failure by a State agency, the Federal 
     agency overseeing the delegated authority) shall notify 
     Congress and the Commission of such failure and set forth a 
     recommended implementation plan to ensure completion of the 
     proceeding for an approval.'';
       (3) by redesignating subsections (d) through (f) as 
     subsections (g) through (i), respectively; and
       (4) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Remote Surveys.--If a Federal or State agency 
     considering an aspect of an application for Federal 
     authorization requires the applicant to submit environmental 
     data, the agency shall consider any such data gathered by 
     aerial or other remote means that the applicant submits. The 
     agency may grant a conditional approval for Federal 
     authorization, conditioned on the verification of such data 
     by subsequent onsite inspection.
       ``(e) Application Processing.--The Commission, and Federal 
     and State agencies, may allow an applicant seeking Federal 
     authorization to fund a third-party contractor to assist in 
     reviewing the application.
       ``(f) Accountability, Transparency, Efficiency.--For 
     applications requiring multiple Federal authorizations, the 
     Commission, with input from any Federal or State agency 
     considering an aspect of an application, shall track and make 
     available to the public on the Commission's website 
     information related to the actions required to complete 
     permitting, reviews, and other actions required. Such 
     information shall include the following:
       ``(1) The schedule established by the Commission under 
     subsection (c)(1).
       ``(2) A list of all the actions required by each applicable 
     agency to complete permitting, reviews, and other actions 
     necessary to obtain a final decision on the Federal 
     authorization.
       ``(3) The expected completion date for each such action.
       ``(4) A point of contact at the agency accountable for each 
     such action.
       ``(5) In the event that an action is still pending as of 
     the expected date of completion, a brief explanation of the 
     reasons for the delay.''.

     SEC. 1102. RESOLVING ENVIRONMENTAL AND GRID RELIABILITY 
                   CONFLICTS.

       (a) Compliance With or Violation of Environmental Laws 
     While Under Emergency Order.--Section 202(c) of the Federal 
     Power Act (16 U.S.C. 824a(c)) is amended--
       (1) by inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end the following:
       ``(2) With respect to an order issued under this subsection 
     that may result in a conflict with a requirement of any 
     Federal, State, or local environmental law or regulation, the 
     Commission shall ensure that such order requires generation, 
     delivery, interchange, or transmission of electric energy 
     only during hours necessary to meet the emergency and serve 
     the public interest, and, to the maximum extent practicable, 
     is consistent with any applicable Federal, State, or local 
     environmental law or regulation and minimizes any adverse 
     environmental impacts.
       ``(3) To the extent any omission or action taken by a 
     party, that is necessary to comply with an order issued under 
     this subsection, including any omission or action taken to 
     voluntarily comply with such order, results in noncompliance 
     with, or causes such party to not comply with, any Federal, 
     State, or local environmental law or regulation, such 
     omission or action shall not be considered a violation of 
     such environmental law or regulation, or subject such party 
     to any requirement, civil or criminal liability, or a citizen 
     suit under such environmental law or regulation.
       ``(4)(A) An order issued under this subsection that may 
     result in a conflict with a requirement of any Federal, 
     State, or local environmental law or regulation shall expire 
     not later than 90 days after it is issued. The Commission may 
     renew or reissue such order pursuant to paragraphs (1) and 
     (2) for subsequent periods, not to exceed 90 days for each 
     period, as the Commission determines necessary to meet the 
     emergency and serve the public interest.
       ``(B) In renewing or reissuing an order under subparagraph 
     (A), the Commission shall consult with the primary Federal 
     agency with expertise in the environmental interest protected 
     by such law or regulation, and shall include in any such

[[Page 19228]]

     renewed or reissued order such conditions as such Federal 
     agency determines necessary to minimize any adverse 
     environmental impacts to the extent practicable. The 
     conditions, if any, submitted by such Federal agency shall be 
     made available to the public. The Commission may exclude such 
     a condition from the renewed or reissued order if it 
     determines that such condition would prevent the order from 
     adequately addressing the emergency necessitating such order 
     and provides in the order, or otherwise makes publicly 
     available, an explanation of such determination.
       ``(5) If an order issued under this subsection is 
     subsequently stayed, modified, or set aside by a court 
     pursuant to section 313 or any other provision of law, any 
     omission or action previously taken by a party that was 
     necessary to comply with the order while the order was in 
     effect, including any omission or action taken to voluntarily 
     comply with the order, shall remain subject to paragraph 
     (3).''.
       (b) Temporary Connection or Construction by 
     Municipalities.--Section 202(d) of the Federal Power Act (16 
     U.S.C. 824a(d)) is amended by inserting ``or municipality'' 
     before ``engaged in the transmission or sale of electric 
     energy''.

     SEC. 1103. EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY 
                   DISRUPTIONS.

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

     SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

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

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

       ``(a) Definitions.--For purposes of this section:
       ``(1) Bulk-power system; electric reliability organization; 
     regional entity.--The terms `bulk-power system', `Electric 
     Reliability Organization', and `regional entity' have the 
     meanings given such terms in paragraphs (1), (2), and (7) of 
     section 215(a), respectively.
       ``(2) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means a system or asset of the bulk-
     power system, whether physical or virtual, the incapacity or 
     destruction of which would negatively affect national 
     security, economic security, public health or safety, or any 
     combination of such matters.
       ``(3) Critical electric infrastructure information.--The 
     term `critical electric infrastructure information' means 
     information related to critical electric infrastructure, or 
     proposed critical electrical infrastructure, generated by or 
     provided to the Commission or other Federal agency, other 
     than classified national security information, that is 
     designated as critical electric infrastructure information by 
     the Commission under subsection (d)(2). Such term includes 
     information that qualifies as critical energy infrastructure 
     information under the Commission's regulations.
       ``(4) Defense critical electric infrastructure.--The term 
     `defense critical electric infrastructure' means any electric 
     infrastructure located in the United States (including the 
     territories) that serves a facility designated by the 
     Secretary pursuant to subsection (c), but is not owned or 
     operated by the owner or operator of such facility.
       ``(5) Electromagnetic pulse.--The term `electromagnetic 
     pulse' means 1 or more pulses of electromagnetic energy 
     emitted by a device capable of disabling or disrupting 
     operation of, or destroying, electronic devices or 
     communications networks, including hardware, software, and 
     data, by means of such a pulse.
       ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
     means a temporary disturbance of the Earth's magnetic field 
     resulting from solar activity.
       ``(7) Grid security emergency.--The term `grid security 
     emergency' means the occurrence or imminent danger of--
       ``(A)(i) a malicious act using electronic communication or 
     an electromagnetic pulse, or a geomagnetic storm event, that 
     could disrupt the operation of those electronic devices or 
     communications networks, including hardware, software, and 
     data, that are essential to the reliability of critical 
     electric infrastructure or of defense critical electric 
     infrastructure; and
       ``(ii) disruption of the operation of such devices or 
     networks, with significant adverse effects on the reliability 
     of critical electric infrastructure or of defense critical 
     electric infrastructure, as a result of such act or event; or
       ``(B)(i) a direct physical attack on critical electric 
     infrastructure or on defense critical electric 
     infrastructure; and
       ``(ii) significant adverse effects on the reliability of 
     critical electric infrastructure or of defense critical 
     electric infrastructure as a result of such physical attack.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Authority To Address Grid Security Emergency.--
       ``(1) Authority.--Whenever the President issues and 
     provides to the Secretary a written directive or 
     determination identifying a grid security emergency, the 
     Secretary may, with or without notice, hearing, or report, 
     issue such orders for emergency measures as are necessary in 
     the judgment of the Secretary to protect or restore the 
     reliability of critical electric infrastructure or of defense 
     critical electric infrastructure during such emergency. As 
     soon as practicable but not later than 180 days after the 
     date of enactment of this section, the Secretary shall, after 
     notice and opportunity for comment, establish rules of 
     procedure that ensure that such authority can be exercised 
     expeditiously.
       ``(2) Notification of congress.--Whenever the President 
     issues and provides to the Secretary a written directive or 
     determination under paragraph (1), the President shall 
     promptly notify congressional committees of relevant 
     jurisdiction, including the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate, of the contents of, and 
     justification for, such directive or determination.
       ``(3) Consultation.--Before issuing an order for emergency 
     measures under paragraph (1), the Secretary shall, to the 
     extent practicable in light of the nature of the grid 
     security emergency and the urgency of the need for action, 
     consult with appropriate governmental authorities in Canada 
     and Mexico, entities described in paragraph (4), the 
     Electricity Sub-sector Coordinating Council, the Commission, 
     and other appropriate Federal agencies regarding 
     implementation of such emergency measures.
       ``(4) Application.--An order for emergency measures under 
     this subsection may apply to--
       ``(A) the Electric Reliability Organization;
       ``(B) a regional entity; or
       ``(C) any owner, user, or operator of critical electric 
     infrastructure or of defense critical electric infrastructure 
     within the United States.
       ``(5) Expiration and reissuance.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an order for emergency measures issued under paragraph (1) 
     shall expire no later than 15 days after its issuance.
       ``(B) Extensions.--The Secretary may reissue an order for 
     emergency measures issued under paragraph (1) for subsequent 
     periods, not to exceed 15 days for each such period, provided 
     that the President, for each such period, issues and provides 
     to the Secretary a written directive or determination that 
     the grid security emergency identified under paragraph (1) 
     continues to exist or that the emergency measure continues to 
     be required.
       ``(6) Cost recovery.--
       ``(A) Critical electric infrastructure.--If the Commission 
     determines that owners, operators, or users of critical 
     electric infrastructure have incurred substantial costs to 
     comply with an order for emergency measures issued under this 
     subsection and that such costs were prudently incurred and 
     cannot reasonably be recovered through regulated rates or 
     market prices for the electric energy or services sold by 
     such owners, operators, or users, the Commission shall, 
     consistent with the requirements of section 205, after notice 
     and an opportunity for comment, establish a mechanism that 
     permits such owners, operators, or users to recover such 
     costs.
       ``(B) Defense critical electric infrastructure.--To the 
     extent the owner or operator of defense critical electric 
     infrastructure is required to take emergency measures 
     pursuant to an order issued under this subsection, the owners 
     or operators of a critical defense facility or facilities 
     designated by the Secretary pursuant to subsection (c) that 
     rely upon such infrastructure shall bear the full incremental 
     costs of the measures.
       ``(7) Temporary access to classified information.--The 
     Secretary, and other appropriate Federal agencies, shall, to 
     the extent practicable and consistent with their obligations 
     to protect classified information, provide temporary access 
     to classified information related to a grid security 
     emergency for which emergency measures are issued under 
     paragraph (1) to key personnel of any entity subject to such 
     emergency measures to enable optimum communication between 
     the entity and the Secretary and other appropriate Federal 
     agencies regarding the grid security emergency.

[[Page 19229]]

       ``(c) Designation of Critical Defense Facilities.--Not 
     later than 180 days after the date of enactment of this 
     section, the Secretary, in consultation with other 
     appropriate Federal agencies and appropriate owners, users, 
     or operators of infrastructure that may be defense critical 
     electric infrastructure, shall identify and designate 
     facilities located in the United States (including the 
     territories) that are--
       ``(1) critical to the defense of the United States; and
       ``(2) vulnerable to a disruption of the supply of electric 
     energy provided to such facility by an external provider.
     The Secretary may, in consultation with appropriate Federal 
     agencies and appropriate owners, users, or operators of 
     defense critical electric infrastructure, periodically revise 
     the list of designated facilities as necessary.
       ``(d) Protection and Sharing of Critical Electric 
     Infrastructure Information.--
       ``(1) Protection of critical electric infrastructure 
     information.--Critical electric infrastructure information--
       ``(A) shall be exempt from disclosure under section 
     552(b)(3) of title 5, United States Code; and
       ``(B) shall not be made available by any Federal, State, 
     political subdivision or tribal authority pursuant to any 
     Federal, State, political subdivision or tribal law requiring 
     public disclosure of information or records.
       ``(2) Designation and sharing of critical electric 
     infrastructure information.--Not later than one year after 
     the date of enactment of this section, the Commission, in 
     consultation with the Secretary of Energy, shall promulgate 
     such regulations and issue such orders as necessary to--
       ``(A) designate information as critical electric 
     infrastructure information;
       ``(B) prohibit the unauthorized disclosure of critical 
     electric infrastructure information;
       ``(C) ensure there are appropriate sanctions in place for 
     Commissioners, officers, employees, or agents of the 
     Commission who knowingly and willfully disclose critical 
     electric infrastructure information in a manner that is not 
     authorized under this section; and
       ``(D) taking into account standards of the Electric 
     Reliability Organization, facilitate voluntary sharing of 
     critical electric infrastructure information with, between, 
     and by--
       ``(i) Federal, State, political subdivision, and tribal 
     authorities;
       ``(ii) the Electric Reliability Organization;
       ``(iii) regional entities;
       ``(iv) information sharing and analysis centers established 
     pursuant to Presidential Decision Directive 63;
       ``(v) owners, operators, and users of critical electric 
     infrastructure in the United States; and
       ``(vi) other entities determined appropriate by the 
     Commission.
       ``(3) Considerations.--In promulgating regulations and 
     issuing orders under paragraph (2), the Commission shall take 
     into consideration the role of State commissions in reviewing 
     the prudence and cost of investments, determining the rates 
     and terms of conditions for electric services, and ensuring 
     the safety and reliability of the bulk-power system and 
     distribution facilities within their respective 
     jurisdictions.
       ``(4) Protocols.--The Commission shall, in consultation 
     with Canadian and Mexican authorities, develop protocols for 
     the voluntary sharing of critical electric infrastructure 
     information with Canadian and Mexican authorities and owners, 
     operators, and users of the bulk-power system outside the 
     United States.
       ``(5) No required sharing of information.--Nothing in this 
     section shall require a person or entity in possession of 
     critical electric infrastructure information to share such 
     information with Federal, State, political subdivision, or 
     tribal authorities, or any other person or entity.
       ``(6) Submission of information to congress.--Nothing in 
     this section shall permit or authorize the withholding of 
     information from Congress, any committee or subcommittee 
     thereof, or the Comptroller General.
       ``(7) Disclosure of nonprotected information.--In 
     implementing this section, the Commission shall protect from 
     disclosure only the minimum amount of information necessary 
     to protect the security and reliability of the bulk-power 
     system and distribution facilities. The Commission shall 
     segregate critical electric infrastructure information within 
     documents and electronic communications, wherever feasible, 
     to facilitate disclosure of information that is not 
     designated as critical electric infrastructure information.
       ``(8) Duration of designation.--Information may not be 
     designated as critical electric infrastructure information 
     for longer than 5 years, unless specifically re-designated by 
     the Commission.
       ``(9) Removal of designation.--The Commission shall remove 
     the designation of critical electric infrastructure 
     information, in whole or in part, from a document or 
     electronic communication if the Commission determines that 
     the unauthorized disclosure of such information could no 
     longer be used to impair the security or reliability of the 
     bulk-power system or distribution facilities.
       ``(10) Judicial review of designations.--Notwithstanding 
     section 313(b), any determination by the Commission 
     concerning the designation of critical electric 
     infrastructure information under this subsection shall be 
     subject to review under chapter 7 of title 5, United States 
     Code, except that such review shall be brought in the 
     district court of the United States in the district in which 
     the complainant resides, or has his principal place of 
     business, or in the District of Columbia. In such a case the 
     court shall examine in camera the contents of documents or 
     electronic communications that are the subject of the 
     determination under review to determine whether such 
     documents or any part thereof were improperly designated or 
     not designated as critical electric infrastructure 
     information.
       ``(e) Security Clearances.--The Secretary shall facilitate 
     and, to the extent practicable, expedite the acquisition of 
     adequate security clearances by key personnel of any entity 
     subject to the requirements of this section, to enable 
     optimum communication with Federal agencies regarding threats 
     to the security of the critical electric infrastructure. The 
     Secretary, the Commission, and other appropriate Federal 
     agencies shall, to the extent practicable and consistent with 
     their obligations to protect classified and critical electric 
     infrastructure information, share timely actionable 
     information regarding grid security with appropriate key 
     personnel of owners, operators, and users of the critical 
     electric infrastructure.
       ``(f) Clarifications of Liability.--
       ``(1) Compliance with or violation of this act.--Except as 
     provided in paragraph (4), to the extent any action or 
     omission taken by an entity that is necessary to comply with 
     an order for emergency measures issued under subsection 
     (b)(1), including any action or omission taken to voluntarily 
     comply with such order, results in noncompliance with, or 
     causes such entity not to comply with any rule, order, 
     regulation, or provision of this Act, including any 
     reliability standard approved by the Commission pursuant to 
     section 215, such action or omission shall not be considered 
     a violation of such rule, order, regulation, or provision.
       ``(2)  Relation to section 202(c).--Except as provided in 
     paragraph (4), an action or omission taken by an owner, 
     operator, or user of critical electric infrastructure or of 
     defense critical electric infrastructure to comply with an 
     order for emergency measures issued under subsection (b)(1) 
     shall be treated as an action or omission taken to comply 
     with an order issued under section 202(c) for purposes of 
     such section.
       ``(3) Sharing or receipt of information.--No cause of 
     action shall lie or be maintained in any Federal or State 
     court for the sharing or receipt of information under, and 
     that is conducted in accordance with, subsection (d).
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to require dismissal of a cause of action 
     against an entity that, in the course of complying with an 
     order for emergency measures issued under subsection (b)(1) 
     by taking an action or omission for which they would be 
     liable but for paragraph (1) or (2), takes such action or 
     omission in a grossly negligent manner.''.
       (b) Conforming Amendments.--
       (1) Jurisdiction.--Section 201(b)(2) of the Federal Power 
     Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' 
     after ``215,'' each place it appears.
       (2) Public utility.--Section 201(e) of the Federal Power 
     Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' 
     after ``215,''.

     SEC. 1105. STRATEGIC TRANSFORMER RESERVE.

       (a) Finding.--Congress finds that the storage of 
     strategically located spare large power transformers and 
     emergency mobile substations will reduce the vulnerability of 
     the United States to multiple risks facing electric grid 
     reliability, including physical attack, cyber attack, 
     electromagnetic pulse, geomagnetic disturbances, severe 
     weather, and seismic events.
       (b) Definitions.--In this section:
       (1) Bulk-power system.--The term ``bulk-power system'' has 
     the meaning given such term in section 215(a) of the Federal 
     Power Act (16 U.S.C. 824o(a)).
       (2) Critically damaged large power transformer.--The term 
     ``critically damaged large power transformer'' means a large 
     power transformer that--
       (A) has sustained extensive damage such that--
       (i) repair or refurbishment is not economically viable; or
       (ii) the extensive time to repair or refurbish the large 
     power transformer would create an extended period of 
     instability in the bulk-power system; and
       (B) prior to sustaining such damage, was part of the bulk-
     power system.
       (3) Critical electric infrastructure.--The term ``critical 
     electric infrastructure'' has the meaning given that term in 
     section 215A of the Federal Power Act.
       (4) Electric reliability organization.--The term ``Electric 
     Reliability Organization'' has the meaning given such term in 
     section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
       (5) Emergency mobile substation.--The term ``emergency 
     mobile substation'' means a mobile substation or mobile 
     transformer that is--
       (A) assembled and permanently mounted on a trailer that is 
     capable of highway travel and meets relevant Department of 
     Transportation regulations; and
       (B) intended for express deployment and capable of being 
     rapidly placed into service.
       (6) Large power transformer.--The term ``large power 
     transformer'' means a power transformer with a maximum 
     nameplate rating of 100 megavolt-amperes or higher, including 
     related critical equipment, that is, or is intended to be, a 
     part of the bulk-power system.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (8) Spare large power transformer.--The term ``spare large 
     power transformer'' means a large power transformer that is 
     stored within

[[Page 19230]]

     the Strategic Transformer Reserve to be available to 
     temporarily replace a critically damaged large power 
     transformer.
       (c) Strategic Transformer Reserve Plan.--
       (1) Plan.--Not later than one year after the date of 
     enactment of this Act, the Secretary, acting through the 
     Office of Electricity Delivery and Energy Reliability, shall, 
     in consultation with the Federal Energy Regulatory 
     Commission, the Electricity Sub-sector Coordinating Council, 
     the Electric Reliability Organization, and owners and 
     operators of critical electric infrastructure and defense and 
     military installations, prepare and submit to Congress a plan 
     to establish a Strategic Transformer Reserve for the storage, 
     in strategically located facilities, of spare large power 
     transformers and emergency mobile substations in sufficient 
     numbers to temporarily replace critically damaged large power 
     transformers and substations that are critical electric 
     infrastructure or serve defense and military installations.
       (2) Inclusions.--The Strategic Transformer Reserve plan 
     shall include a description of--
       (A) the appropriate number and type of spare large power 
     transformers necessary to provide or restore sufficient 
     resiliency to the bulk-power system, critical electric 
     infrastructure, and defense and military installations to 
     mitigate significant impacts to the electric grid resulting 
     from--
       (i) physical attack;
       (ii) cyber attack;
       (iii) electromagnetic pulse attack;
       (iv) geomagnetic disturbances;
       (v) severe weather; or
       (vi) seismic events;
       (B) other critical electric grid equipment for which an 
     inventory of spare equipment, including emergency mobile 
     substations, is necessary to provide or restore sufficient 
     resiliency to the bulk-power system, critical electric 
     infrastructure, and defense and military installations;
       (C) the degree to which utility sector actions or 
     initiatives, including individual utility ownership of spare 
     equipment, joint ownership of spare equipment inventory, 
     sharing agreements, or other spare equipment reserves or 
     arrangements, satisfy the needs identified under 
     subparagraphs (A) and (B);
       (D) the potential locations for, and feasibility and 
     appropriate number of, strategic storage locations for 
     reserve equipment, including consideration of--
       (i) the physical security of such locations;
       (ii) the protection of the confidentiality of such 
     locations; and
       (iii) the proximity of such locations to sites of 
     potentially critically damaged large power transformers and 
     substations that are critical electric infrastructure or 
     serve defense and military installations, so as to enable 
     efficient delivery of equipment to such sites;
       (E) the necessary degree of flexibility of spare large 
     power transformers to be included in the Strategic 
     Transformer Reserve to conform to different substation 
     configurations, including consideration of transformer--
       (i) power and voltage rating for each winding;
       (ii) overload requirements;
       (iii) impedance between windings;
       (iv) configuration of windings; and
       (v) tap requirements;
       (F) an estimate of the direct cost of the Strategic 
     Transformer Reserve, as proposed, including--
       (i) the cost of storage facilities;
       (ii) the cost of the equipment; and
       (iii) management, maintenance, and operation costs;
       (G) the funding options available to establish, stock, 
     manage, and maintain the Strategic Transformer Reserve, 
     including consideration of fees on owners and operators of 
     bulk-power system facilities, critical electric 
     infrastructure, and defense and military installations 
     relying on the Strategic Transformer Reserve, use of Federal 
     appropriations, and public-private cost-sharing options;
       (H) the ease and speed of transportation, installation, and 
     energization of spare large power transformers to be included 
     in the Strategic Transformer Reserve, including consideration 
     of factors such as--
       (i) transformer transportation weight;
       (ii) transformer size;
       (iii) topology of critical substations;
       (iv) availability of appropriate transformer mounting pads;
       (v) flexibility of the spare large power transformers as 
     described in subparagraph (E); and
       (vi) ability to rapidly transition a spare large power 
     transformer from storage to energization;
       (I) eligibility criteria for withdrawal of equipment from 
     the Strategic Transformer Reserve;
       (J) the process by which owners or operators of critically 
     damaged large power transformers or substations that are 
     critical electric infrastructure or serve defense and 
     military installations may apply for a withdrawal from the 
     Strategic Transformer Reserve;
       (K) the process by which equipment withdrawn from the 
     Strategic Transformer Reserve is returned to the Strategic 
     Transformer Reserve or is replaced;
       (L) possible fees to be paid by users of equipment 
     withdrawn from the Strategic Transformer Reserve;
       (M) possible fees to be paid by owners and operators of 
     large power transformers and substations that are critical 
     electric infrastructure or serve defense and military 
     installations to cover operating costs of the Strategic 
     Transformer Reserve;
       (N) the domestic and international large power transformer 
     supply chain;
       (O) the potential reliability, cost, and operational 
     benefits of including emergency mobile substations in any 
     Strategic Transformer Reserve established under this section; 
     and
       (P) other considerations for designing, constructing, 
     stocking, funding, and managing the Strategic Transformer 
     Reserve.
       (d) Establishment.--The Secretary may establish a Strategic 
     Transformer Reserve in accordance with the plan prepared 
     pursuant to subsection (c) after the date that is 6 months 
     after the date on which such plan is submitted to Congress.
       (e) Disclosure of Information.--Any information included in 
     the Strategic Transformer Reserve plan, or shared in the 
     preparation and development of such plan, the disclosure of 
     which could cause harm to critical electric infrastructure, 
     shall be exempt from disclosure under section 552(b)(3) of 
     title 5, United States Code, and any State, tribal, or local 
     law requiring disclosure of information or records.

     SEC. 1106. CYBER SENSE.

       (a) In General.--The Secretary of Energy shall establish a 
     voluntary Cyber Sense program to identify and promote cyber-
     secure products intended for use in the bulk-power system, as 
     defined in section 215(a) of the Federal Power Act (16 U.S.C. 
     824o(a)).
       (b) Program Requirements.--In carrying out subsection (a), 
     the Secretary of Energy shall--
       (1) establish a Cyber Sense testing process to identify 
     products and technologies intended for use in the bulk-power 
     system, including products relating to industrial control 
     systems, such as supervisory control and data acquisition 
     systems;
       (2) for products tested and identified under the Cyber 
     Sense program, establish and maintain cybersecurity 
     vulnerability reporting processes and a related database;
       (3) promulgate regulations regarding vulnerability 
     reporting processes for products tested and identified under 
     the Cyber Sense program;
       (4) provide technical assistance to utilities, product 
     manufacturers, and other electric sector stakeholders to 
     develop solutions to mitigate identified vulnerabilities in 
     products tested and identified under the Cyber Sense program;
       (5) biennially review products tested and identified under 
     the Cyber Sense program for vulnerabilities and provide 
     analysis with respect to how such products respond to and 
     mitigate cyber threats;
       (6) develop procurement guidance for utilities for products 
     tested and identified under the Cyber Sense program;
       (7) provide reasonable notice to the public, and solicit 
     comments from the public, prior to establishing or revising 
     the Cyber Sense testing process;
       (8) oversee Cyber Sense testing carried out by third 
     parties; and
       (9) consider incentives to encourage the use in the bulk-
     power system of products tested and identified under the 
     Cyber Sense program.
       (c) Disclosure of Information.--Any vulnerability reported 
     pursuant to regulations promulgated under subsection (b)(3), 
     the disclosure of which could cause harm to critical electric 
     infrastructure (as defined in section 215A of the Federal 
     Power Act), shall be exempt from disclosure under section 
     552(b)(3) of title 5, United States Code, and any State, 
     tribal, or local law requiring disclosure of information or 
     records.
       (d) Federal Government Liability.--Consistent with other 
     voluntary Federal Government certification programs, nothing 
     in this section shall be construed to authorize the 
     commencement of an action against the United States 
     Government with respect to the testing and identification of 
     a product under the Cyber Sense program.

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

       (a) State Consideration of Resiliency and Advanced Energy 
     Analytics Technologies and Reliable Generation.--
       (1) Consideration.--Section 111(d) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is 
     amended by adding the following at the end:
       ``(20) Improving the resilience of electric 
     infrastructure.--
       ``(A) In general.--Each electric utility shall develop a 
     plan to use resiliency-related technologies, upgrades, 
     measures, and other approaches designed to improve the 
     resilience of electric infrastructure, mitigate power 
     outages, continue delivery of vital services, and maintain 
     the flow of power to facilities critical to public health, 
     safety, and welfare, to the extent practicable using the most 
     current data, metrics, and frameworks related to current and 
     future threats, including physical and cyber attacks, 
     electromagnetic pulse attacks, geomagnetic disturbances, 
     seismic events, and severe weather and other environmental 
     stressors.
       ``(B) Resiliency-related technologies.--For purposes of 
     this paragraph, examples of resiliency-related technologies, 
     upgrades, measures, and other approaches include--
       ``(i) hardening, or other enhanced protection, of utility 
     poles, wiring, cabling, and other distribution components, 
     facilities, or structures;
       ``(ii) advanced grid technologies capable of isolating or 
     repairing problems remotely, such as advanced metering 
     infrastructure, high-tech sensors, grid monitoring and 
     control systems, and remote reconfiguration and redundancy 
     systems;
       ``(iii) cybersecurity products and components;
       ``(iv) distributed generation, including back-up generation 
     to power critical facilities and essential services, and 
     related integration components, such as advanced inverter 
     technology;
       ``(v) microgrid systems, including hybrid microgrid systems 
     for isolated communities;

[[Page 19231]]

       ``(vi) combined heat and power;
       ``(vii) waste heat resources;
       ``(viii) non-grid-scale energy storage technologies;
       ``(ix) wiring, cabling, and other distribution components, 
     including submersible distribution components, and 
     enclosures;
       ``(x) electronically controlled reclosers and similar 
     technologies for power restoration, including emergency 
     mobile substations, as defined in section 1105 of the North 
     American Energy Security and Infrastructure Act of 2015;
       ``(xi) advanced energy analytics technology, such as 
     Internet-based and cloud-based computing solutions and 
     subscription licensing models;
       ``(xii) measures that enhance resilience through planning, 
     preparation, response, and recovery activities;
       ``(xiii) operational capabilities to enhance resilience 
     through rapid response recovery; and
       ``(xiv) measures to ensure availability of key critical 
     components through contracts, cooperative agreements, 
     stockpiling and prepositioning, or other measures.
       ``(C) Rate recovery.--Each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) shall consider authorizing each such electric 
     utility to recover any capital, operating expenditure, or 
     other costs of the electric utility related to the 
     procurement, deployment, or use of resiliency-related 
     technologies, including a reasonable rate of return on the 
     capital expenditures of the electric utility for the 
     procurement, deployment, or use of resiliency-related 
     technologies.
       ``(21) Promoting investments in advanced energy analytics 
     technology.--
       ``(A) In general.--Each electric utility shall develop and 
     implement a plan for deploying advanced energy analytics 
     technology.
       ``(B) Rate recovery.--Each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) shall consider confirming and clarifying, if 
     necessary, that each such electric utility is authorized to 
     recover the costs of the electric utility relating to the 
     procurement, deployment, or use of advanced energy analytics 
     technology, including a reasonable rate of return on all such 
     costs incurred by the electric utility for the procurement, 
     deployment, or use of advanced energy analytics technology, 
     provided such technology is used by the electric utility for 
     purposes of realizing operational efficiencies, cost savings, 
     enhanced energy management and customer engagement, 
     improvements in system reliability, safety, and 
     cybersecurity, or other benefits to ratepayers.
       ``(C) Advanced energy analytics technology.--For purposes 
     of this paragraph, examples of advanced energy analytics 
     technology include Internet-based and cloud-based computing 
     solutions and subscription licensing models, including 
     software as a service that uses cyber-physical systems to 
     allow the correlation of data aggregated from appropriate 
     data sources and smart grid sensor networks, employs 
     analytics and machine learning, or employs other advanced 
     computing solutions and models.
       ``(22) Assuring electric reliability with reliable 
     generation.--
       ``(A) Assurance of electric reliability.--Each electric 
     utility shall adopt or modify policies to ensure that such 
     electric utility incorporates reliable generation into its 
     integrated resource plan to assure the availability of 
     electric energy over a 10-year planning period.
       ``(B) Reliable generation.--For purposes of this paragraph, 
     `reliable generation' means electric generation facilities 
     with reliability attributes that include--
       ``(i)(I) possession of adequate fuel on-site to enable 
     operation for an extended period of time;
       ``(II) the operational ability to generate electric energy 
     from more than one source; or
       ``(III) fuel certainty, through firm contractual 
     obligations, that ensures adequate fuel supply to enable 
     operation, for an extended period of time, for the duration 
     of an emergency or severe weather conditions;
       ``(ii) operational characteristics that enable the 
     generation of electric energy for the duration of an 
     emergency or severe weather conditions; and
       ``(iii) unless procured through other procurement 
     mechanisms, essential reliability services, including 
     frequency support and regulation services.
       ``(23) Subsidization of customer-side technology.--
       ``(A) Consideration.--To the extent that a State regulatory 
     authority may require or allow rates charged by any electric 
     utility for which it has ratemaking authority to electric 
     consumers that do not use a customer-side technology to 
     include any cost, fee, or charge that directly or indirectly 
     cross-subsidizes the deployment, construction, maintenance, 
     or operation of that customer-side technology, such authority 
     shall evaluate whether subsidizing the deployment, 
     construction, maintenance, or operation of a customer-side 
     technology would--
       ``(i) result in benefits predominately enjoyed by only the 
     users of that customer-side technology;
       ``(ii) shift costs of a customer-side technology to 
     electricity consumers that do not use that customer-side 
     technology, particularly where disparate economic or resource 
     conditions exist among the electricity consumers cross-
     subsidizing the costumer-side technology;
       ``(iii) negatively affect resource utilization, fuel 
     diversity, or grid security;
       ``(iv) provide any unfair competitive advantage to market 
     the customer-side technology; and
       ``(v) be necessary to fulfill an obligation to serve 
     electric consumers.
       ``(B) Public notice.--Each State regulatory authority shall 
     make available to the public the evaluation completed under 
     subparagraph (A) at least 90 days prior to any proceedings in 
     which such authority considers the cross-subsidization of a 
     customer-side technology.
       ``(C) Customer-side technology.--For purposes of this 
     paragraph, the term `customer-side technology' means a device 
     connected to the electricity distribution system--
       ``(i) at, or on the customer side of, the meter; or
       ``(ii) that, if owned or operated by or on behalf of an 
     electric utility, would otherwise be at, or on the customer 
     side of, the meter.''.
       (2) Compliance.--
       (A) Time limitations.--Section 112(b) of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
     amended by adding at the end the following:
       ``(7)(A) Not later than 1 year after the date of enactment 
     of this paragraph, each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility, as 
     applicable, shall commence the consideration referred to in 
     section 111, or set a hearing date for consideration, with 
     respect to the standards established by paragraphs (20), 
     (22), and (23) of section 111(d).
       ``(B) Not later than 2 years after the date of the 
     enactment of this paragraph, each State regulatory authority 
     (with respect to each electric utility for which it has 
     ratemaking authority) and each nonregulated electric utility, 
     as applicable, shall complete the consideration, and shall 
     make the determination, referred to in section 111 with 
     respect to each standard established by paragraphs (20), 
     (22), and (23) of section 111(d).
       ``(8)(A) Not later than 6 months after the date of 
     enactment of this paragraph, each State regulatory authority 
     (with respect to each electric utility for which it has 
     ratemaking authority) and each nonregulated electric utility 
     shall commence the consideration referred to in section 111, 
     or set a hearing date for consideration, with respect to the 
     standard established by paragraph (21) of section 111(d).
       ``(B) Not later than 1 year after the date of enactment of 
     this paragraph, each State regulatory authority (with respect 
     to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility shall 
     complete the consideration, and shall make the determination, 
     referred to in section 111 with respect to the standard 
     established by paragraph (21) of section 111(d).''.
       (B) Failure to comply.--Section 112(c) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) 
     is amended by adding the following at the end: ``In the case 
     of the standards established by paragraphs (20) through (23) 
     of section 111(d), the reference contained in this subsection 
     to the date of enactment of this Act shall be deemed to be a 
     reference to the date of enactment of such paragraphs.''.
       (C) Prior state actions.--Section 112 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended 
     by adding at the end the following new subsection:
       ``(g) Prior State Actions.--Subsections (b) and (c) of this 
     section shall not apply to a standard established by 
     paragraph (20), (21), (22), or (23) of section 111(d) in the 
     case of any electric utility in a State if--
       ``(1) before the date of enactment of this subsection, the 
     State has implemented for such utility the standard concerned 
     (or a comparable standard);
       ``(2) the State regulatory authority for such State or 
     relevant nonregulated electric utility has conducted a 
     proceeding to consider implementation of the standard 
     concerned (or a comparable standard) for such utility during 
     the 3-year period ending on the date of enactment of this 
     subsection; or
       ``(3) the State legislature has voted on the implementation 
     of the standard concerned (or a comparable standard) for such 
     utility during the 3-year period ending on the date of 
     enactment of this subsection.''.
       (b) Coverage for Competitive Markets.--Section 102 of the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2612) is amended by adding at the end the following:
       ``(d) Coverage for Competitive Markets.--The requirements 
     of this title do not apply to the operations of an electric 
     utility, or to proceedings respecting such operations, to the 
     extent that such operations or proceedings, or any portion 
     thereof, relate to the competitive sale of retail electric 
     energy that is unbundled or separated from the regulated 
     provision or sale of distribution service.''.

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

       (a) Applicability.--This section shall apply with respect 
     to any proposed or final covered rule issued by a Federal 
     agency for which compliance with the rule may impact an 
     electric utility generating unit or units, including by 
     resulting in closure or interruption to operations of such a 
     unit or units.
       (b) Reliability Analysis.--
       (1) Analysis of rules.--The Federal Energy Regulatory 
     Commission, in consultation with the Electric Reliability 
     Organization, shall conduct an independent reliability 
     analysis of a proposed or final covered rule under this 
     section to evaluate the anticipated effects of implementation 
     and enforcement of the rule on--

[[Page 19232]]

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

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

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

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

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

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

       ``(a) Existing Capacity Markets.--
       ``(1) Analysis concerning capacity market design.--Not 
     later than 180 days after the date of enactment of this 
     section, each Regional Transmission Organization, and each 
     Independent System Operator, that operates a capacity market, 
     or a comparable market intended to ensure the procurement and 
     availability of sufficient future electric energy resources, 
     that is subject to the jurisdiction of the Commission, shall 
     provide to the Commission an analysis of how the structure of 
     such market meets the following criteria:
       ``(A) The structure of such market utilizes competitive 
     market forces to the extent practicable in procuring capacity 
     resources.
       ``(B) Consistent with subparagraph (A), the structure of 
     such market includes resource-neutral performance criteria 
     that ensure the procurement of sufficient capacity from 
     physical generation facilities that have reliability 
     attributes that include--
       ``(i)(I) possession of adequate fuel on-site to enable 
     operation for an extended period of time;
       ``(II) the operational ability to generate electric energy 
     from more than one fuel source; or
       ``(III) fuel certainty, through firm contractual 
     obligations, that ensures adequate fuel supply to enable 
     operation, for an extended period of time, for the duration 
     of an emergency or severe weather conditions;
       ``(ii) operational characteristics that enable the 
     generation of electric energy for the duration of an 
     emergency or severe weather conditions; and
       ``(iii) unless procured through other markets or 
     procurement mechanisms, essential reliability services, 
     including frequency support and regulation services.
       ``(2) Commission evaluation and report.--Not later than 1 
     year after the date of enactment of this section, the 
     Commission shall make publicly available, and submit to the 
     Committee on Energy and Commerce in the House of 
     Representatives and the Committee on Energy and Natural 
     Resources in the Senate, a report containing--
       ``(A) evaluation of whether the structure of each market 
     addressed in an analysis submitted pursuant to paragraph (1) 
     meets the criteria under such paragraph, based on the 
     analysis; and
       ``(B) to the extent a market so addressed does not meet 
     such criteria, any recommendations with respect to the 
     procurement of sufficient capacity, as described in paragraph 
     (1)(B).
       ``(b) Commission Evaluation and Report for New Schedules.--
       ``(1) Inclusion of analysis in filing.--Except as provided 
     in subsection (a)(2), whenever a Regional Transmission 
     Organization or Independent System Operator files a new 
     schedule under section 205 to establish a market described in 
     subsection (a)(1), or that substantially modifies the 
     capacity market design of a market described in subsection 
     (a)(1), the Regional Transmission Organization or Independent 
     System Operator shall include in any such filing the analysis 
     required by subsection (a)(1).

[[Page 19233]]

       ``(2) Evaluation and report.--Not later than 180 days of 
     receiving an analysis under paragraph (1), the Commission 
     shall make publicly available, and submit to the Committee on 
     Energy and Commerce in the House of Representatives and the 
     Committee on Energy and Natural Resources in the Senate, a 
     report containing--
       ``(A) an evaluation of whether the structure of the market 
     addressed in the analysis meets the criteria under subsection 
     (a)(1), based on the analysis; and
       ``(B) to the extent the market does not meet such criteria, 
     any recommendations with respect to the procurement of 
     sufficient capacity, as described in subsection (a)(1)(B).
       ``(c) Effect on Existing Approvals.--Nothing in this 
     section shall be considered to--
       ``(1) require a modification of the Commission's approval 
     of the capacity market design approved pursuant to docket 
     numbers ER15-623-000, EL15-29-000, EL14-52-000, and ER14-
     2419-000; or
       ``(2) provide grounds for the Commission to grant rehearing 
     or otherwise modify orders issued in those dockets.''.

      Subtitle B--Energy Security and Infrastructure Modernization

     SEC. 1201. ENERGY SECURITY AND INFRASTRUCTURE MODERNIZATION 
                   FUND.

       (a) Establishment.--There is hereby established in the 
     Treasury of the United States a fund to be known as the 
     Energy Security and Infrastructure Modernization Fund 
     (referred to in this section as the ``Fund''), consisting 
     of--
       (1) collections deposited in the Fund under subsection (c); 
     and
       (2) amounts otherwise appropriated to the Fund.
       (b) Purpose.--The purpose of the Fund is--
       (1) to provide for the construction, maintenance, repair, 
     and replacement of Strategic Petroleum Reserve facilities; 
     and
       (2) for carrying out non-Strategic Petroleum Reserve 
     projects needed to enhance the energy security of the United 
     States by increasing the resilience, reliability, safety, and 
     security of energy supply, transmission, storage, or 
     distribution infrastructure.
       (c) Collection and Deposit of Sale Proceeds in Fund.--
       (1) Drawdown and sale.--Notwithstanding section 161 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6241), to the 
     extent provided in advance in appropriation Acts, the 
     Secretary of Energy shall draw down and sell crude oil from 
     the Strategic Petroleum Reserve in amounts as authorized 
     under subsection (e), except as provided in paragraphs (2) 
     and (3). Amounts received for a sale under this subsection 
     shall be deposited into the Fund during the fiscal year in 
     which the sale occurs. Such amounts shall remain available in 
     the Fund without fiscal year limitation.
       (2) Emergency protection.--The Secretary shall not draw 
     down and sell crude oil under this subsection in amounts that 
     would limit the authority to sell petroleum products under 
     section 161(h) of the Energy Policy and Conservation Act (42 
     U.S.C. 6241(h)) in the full amount authorized by that 
     subsection.
       (3) Investment protection.--The Secretary shall not draw 
     down and sell crude oil under this subsection at a price 
     lower than the average price paid for oil in the Strategic 
     Petroleum Reserve.
       (d) Authorized Uses of Fund.--
       (1) In general.--Amounts in the Fund may be used for, or 
     may be credited as offsetting collections for amounts used 
     for, carrying out the programs described in paragraphs (2), 
     (3), and (4), to the extent provided in advance in 
     appropriation Acts.
       (2) Program to modernize the strategic petroleum reserve.--
       (A) Findings.--Congress finds the following:
       (i) The Strategic Petroleum Reserve is one of the Nation's 
     most valuable energy security assets.
       (ii) The age and condition of the Strategic Petroleum 
     Reserve have diminished its value as a Federal energy 
     security asset.
       (iii) Global oil markets and the location and amount of 
     United States oil production and refining capacity have 
     dramatically changed in the 40 years since the establishment 
     of the Strategic Petroleum Reserve.
       (iv) Maximizing the energy security value of the Strategic 
     Petroleum Reserve requires a modernized infrastructure that 
     meets the drawdown and distribution needs of changed domestic 
     and international oil and refining market conditions.
       (B) Reaffirmation of policy.--Congress reaffirms the 
     continuing strategic importance and need for the Strategic 
     Petroleum Reserve as found and declared in section 151 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6231).
       (C) Program.--The Secretary of Energy shall establish a 
     Strategic Petroleum Reserve modernization program to protect 
     the United States economy from the impacts of emergency 
     petroleum product supply disruptions. The program shall 
     include--
       (i) operational improvements to extend the useful life of 
     surface and subsurface infrastructure;
       (ii) maintenance of cavern storage integrity; and
       (iii) addition of infrastructure and facilities to maximize 
     the drawdown and incremental distribution capacity of the 
     Strategic Petroleum Reserve.
       (3) Program to enhance safety, performance, and resilience 
     of natural gas distribution systems.--
       (A) Program.--The Secretary of Energy shall establish a 
     grant program to provide financial assistance to States to 
     offset the incremental rate increases paid by eligible 
     households resulting from the implementation of State-
     approved infrastructure replacement, repair, and maintenance 
     programs designed to accelerate the necessary replacement, 
     repair, or maintenance of natural gas distribution systems.
       (B) Date of eligibility.--Awards may be provided under this 
     paragraph to offset rate increases described in subsection 
     (a) occurring on or after July 1, 2015.
       (C) Prioritization.--The Secretary shall collaborate with 
     States to prioritize the distribution of grants made under 
     this paragraph. At a minimum, the Secretary shall consider 
     prioritizing the distribution of grants to States which 
     have--
       (i) authorized or adopted enhanced infrastructure 
     replacement programs or innovative rate recovery mechanisms, 
     such as infrastructure cost trackers and riders, 
     infrastructure base rate surcharges, deferred regulatory 
     asset programs, and earnings stability mechanisms; and
       (ii) a viable means for delivering financial assistance to 
     eligible households.
       (D) Definition.--In this paragraph, the term ``eligible 
     household'' means a household that is eligible to receive 
     payments under section 8624(b)(2) of title 42, United States 
     Code.
       (4) Program to enhance electric infrastructure resilience, 
     reliability, and energy security.--
       (A) Program.--The Secretary shall establish a competitive 
     grant program to provide grants to States, units of local 
     government, and Indian tribe economic development entities to 
     enhance energy security through measures for electricity 
     delivery infrastructure hardening and enhanced resilience and 
     reliability.
       (B) Purpose of grants.--The Secretary may make grants on a 
     competitive basis to enable broader use of resiliency-related 
     technologies, upgrades, and institutional measures and 
     practices designed to--
       (i) improve the resilience, reliability, and security of 
     electricity delivery infrastructure;
       (ii) improve preparedness and restoration time to mitigate 
     power disturbances resulting from physical and cyber attacks, 
     electromagnetic pulse attacks, geomagnetic disturbances, 
     seismic events, and severe weather and other environmental 
     stressors;
       (iii) continue delivery of power to facilities critical to 
     public health, safety, and welfare, including hospitals, 
     assisted living facilities, and schools;
       (iv) continue delivery of power to electricity-dependent 
     essential services, including fueling stations and pumps, 
     wastewater and sewage treatment facilities, gas pipeline 
     infrastructure, communications systems, transportation 
     services and systems, and services provided by emergency 
     first responders; and
       (v) enhance regional grid resilience and the resilience of 
     electricity-dependent regional infrastructure.
       (C) Examples.--Resiliency-related technologies, upgrades, 
     and measures with respect to which grants may be made under 
     this paragraph include--
       (i) hardening, or other enhanced protection, of utility 
     poles, wiring, cabling, and other distribution components, 
     facilities, or structures;
       (ii) advanced grid technologies capable of isolating or 
     repairing problems remotely, such as advanced metering 
     infrastructure, high-tech sensors, grid monitoring and 
     control systems, and remote reconfiguration and redundancy 
     systems;
       (iii) cybersecurity products and components;
       (iv) distributed generation, including back-up generation 
     to power critical facilities and essential services, and 
     related integration components, such as advanced inverter 
     technology;
       (v) microgrid systems, including hybrid microgrid systems 
     for isolated communities;
       (vi) combined heat and power;
       (vii) waste heat resources;
       (viii) non-grid-scale energy storage technologies;
       (ix) wiring, cabling, and other distribution components, 
     including submersible distribution components, and 
     enclosures;
       (x) electronically controlled reclosers and similar 
     technologies for power restoration, including emergency 
     mobile substations, as defined in section 1105 of the North 
     American Energy Security and Infrastructure Act of 2015;
       (xi) advanced energy analytics technology, such as 
     Internet-based and cloud-based computing solutions and 
     subscription licensing models;
       (xii) measures that enhance resilience through planning, 
     preparation, response, and recovery activities;
       (xiii) operational capabilities to enhance resilience 
     through rapid response recovery; and
       (xiv) measures to ensure availability of key critical 
     components through contracts, cooperative agreements, 
     stockpiling and prepositioning, or other measures.
       (D) Implementation.--Specific projects or programs 
     established, or to be established, pursuant to awards 
     provided under this paragraph shall be implemented through 
     the States by public and publicly regulated entities on a 
     cost-shared basis.
       (E) Cooperation.--In carrying out projects or programs 
     established, or to be established, pursuant to awards 
     provided under this paragraph, award recipients shall 
     cooperate, as applicable, with--
       (i) State public utility commissions;
       (ii) State energy offices;
       (iii) electric infrastructure owners and operators; and

[[Page 19234]]

       (iv) other entities responsible for maintaining electric 
     reliability.
       (F) Data and metrics.--
       (i) In general.--To the extent practicable, award 
     recipients shall utilize the most current data, metrics, and 
     frameworks related to--

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

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

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

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

            Subtitle C--Hydropower Regulatory Modernization

     SEC. 1301. HYDROELECTRIC PRODUCTION AND EFFICIENCY 
                   INCENTIVES.

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

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

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

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

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

     SEC. 1304. HYDROPOWER LICENSING AND PROCESS IMPROVEMENTS.

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

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

       ``(a) Definition.--In this section, the term `Federal 
     authorization'--
       ``(1) means any authorization required under Federal law 
     with respect to an application for a license, license 
     amendment, or exemption under this part; and
       ``(2) includes any permits, special use authorizations, 
     certifications, opinions, or other approvals as may be 
     required under Federal law to approve or implement the 
     license, license amendment, or exemption under this part.
       ``(b) Designation as Lead Agency.--
       ``(1) In general.--The Commission shall act as the lead 
     agency for the purposes of coordinating all applicable 
     Federal authorizations and for the purposes of complying with 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       ``(2) Other agencies and indian tribes.--
       ``(A) In general.--Each Federal, State, and local 
     government agency and Indian tribe considering an aspect of 
     an application for Federal authorization shall coordinate 
     with the Commission and comply with the deadline established 
     in the schedule developed for the project in accordance with 
     the rule issued by the Commission under subsection (c).
       ``(B) Identification.--The Commission shall identify, as 
     early as practicable after it is notified by the applicant of 
     a project or facility requiring Commission action under this 
     part, any Federal or State agency, local government, or 
     Indian tribe that may consider an aspect of an application 
     for a Federal authorization.
       ``(C) Notification.--
       ``(i) In general.--The Commission shall notify any agency 
     and Indian tribe identified under subparagraph (B) of the 
     opportunity to participate in the process of reviewing an 
     aspect of an application for a Federal authorization.
       ``(ii) Deadline.--Each agency and Indian tribe receiving a 
     notice under clause (i) shall submit a response acknowledging 
     receipt of the notice to the Commission within 30 days of 
     receipt of such notice and request.
       ``(D) Issue identification and resolution.--
       ``(i) Identification of issues.--Federal, State, and local 
     government agencies and Indian tribes that may consider an 
     aspect of an application for Federal authorization shall 
     identify, as early as possible, and share with the Commission 
     and the applicant, any issues of concern identified during 
     the pendency of the Commission's action under this part 
     relating to any Federal authorization that may delay or 
     prevent the granting of such authorization, including any 
     issues that may prevent the agency or Indian tribe from 
     meeting the schedule established for the project in 
     accordance with the rule issued by the Commission under 
     subsection (c).
       ``(ii) Issue resolution.--The Commission may forward any 
     issue of concern identified under clause (i) to the heads of 
     the relevant State and Federal agencies (including, in the 
     case of scheduling concerns identified by a State or local 
     government agency or Indian tribe, the Federal agency 
     overseeing the delegated authority, or the Secretary of the 
     Interior with regard to scheduling concerns identified by an 
     Indian tribe) for resolution. The Commission and any relevant 
     agency shall enter into a memorandum of understanding to 
     facilitate interagency coordination and resolution of such 
     issues of concern, as appropriate.
       ``(c) Schedule.--
       ``(1) Commission rulemaking to establish process to set 
     schedule.--Within 180 days of the date of enactment of this 
     section the Commission shall, in consultation with the 
     appropriate Federal agencies, issue a rule, after providing 
     for notice and public comment, establishing a process for 
     setting a schedule following the filing of an application 
     under this part for the review and disposition of each 
     Federal authorization.
       ``(2) Elements of scheduling rule.--In issuing a rule under 
     this subsection, the Commission shall ensure that the 
     schedule for each Federal authorization--
       ``(A) includes deadlines for actions by--
       ``(i) any Federal or State agency, local government, or 
     Indian tribe that may consider an aspect of an application 
     for the Federal authorization;
       ``(ii) the applicant;
       ``(iii) the Commission; and
       ``(iv) other participants in a proceeding;

[[Page 19235]]

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

     SEC. 1305. JUDICIAL REVIEW OF DELAYED FEDERAL AUTHORIZATIONS.

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

     SEC. 1306. LICENSING STUDY IMPROVEMENTS.

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

     ``SEC. 35. LICENSING STUDY IMPROVEMENTS.

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

     SEC. 1307. CLOSED-LOOP PUMPED STORAGE PROJECTS.

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

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

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

     SEC. 1308. LICENSE AMENDMENT IMPROVEMENTS.

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

     ``SEC. 37. LICENSE AMENDMENT IMPROVEMENTS.

       ``(a) Qualifying Project Upgrades.--
       ``(1) In general.--As provided in this section, the 
     Commission may approve an application for an amendment to a 
     license issued under this part for a qualifying project 
     upgrade.
       ``(2) Application.--A licensee filing an application for an 
     amendment to a project license under this section shall 
     include in such application information sufficient to 
     demonstrate that the proposed change to the project described 
     in the application is a qualifying project upgrade.
       ``(3) Initial determination.--Not later than 15 days after 
     receipt of an application under

[[Page 19236]]

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

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

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

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

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

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

       ``(a) Exemptions for Qualifying Facilities.--
       ``(1) Exemption qualifications.--Subject to the 
     requirements of this subsection, the Commission may grant an 
     exemption in whole or in part from the requirements of this 
     part, including any license requirements contained in this 
     part, to any facility the Commission determines is a 
     qualifying facility.
       ``(2) Consultation with federal and state agencies.--In 
     granting any exemption under this subsection, the Commission 
     shall consult with--
       ``(A) the United States Fish and Wildlife Service, the 
     National Marine Fisheries Service, and the State agency 
     exercising administrative control over the fish and wildlife 
     resources of the State in which the facility will be located, 
     in the manner provided by the Fish and Wildlife Coordination 
     Act;
       ``(B) any Federal department supervising any public lands 
     or reservations occupied by the project; and
       ``(C) any Indian tribe affected by the project.
       ``(3) Exemption conditions.--
       ``(A) In general.--The Commission shall include in any 
     exemption granted under this subsection only such terms and 
     conditions that the Commission determines are--
       ``(i) necessary to protect public safety; or
       ``(ii) reasonable, economically feasible, and essential to 
     prevent loss of or damage to, or to mitigate adverse effects 
     on, fish and wildlife resources directly caused by the 
     construction and operation of the qualifying facility, as 
     compared to the environmental baseline existing at the time 
     the Commission grants the exemption.
       ``(B) No changes to release regime.--No Federal 
     authorization required with respect to a qualifying facility 
     described in paragraph (1), including an exemption granted by 
     the Commission under this subsection, may include any 
     condition or other requirement that results in any material 
     change to the storage, control, withdrawal, diversion, 
     release, or flow operations of the associated qualifying 
     nonpowered dam.
       ``(4) Environmental review.--The Commission's environmental 
     review under the National Environmental Policy Act of 1969 of 
     a proposed exemption under this subsection shall consist only 
     of an environmental assessment, unless the Commission 
     determines, by rule or order, that the Commission's 
     obligations under such Act for granting exemptions under this 
     subsection can be met through a categorical exclusion.
       ``(5) Violation of terms of exemption.--Any violation of a 
     term or condition of any exemption granted under this 
     subsection shall be treated as a violation of a rule or order 
     of the Commission under this Act.
       ``(6) Annual charges for enhancement activities.--Exemptees 
     under this subsection for

[[Page 19237]]

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

                    TITLE II--21ST CENTURY WORKFORCE

     SEC. 2001. ENERGY AND MANUFACTURING WORKFORCE DEVELOPMENT.

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

[[Page 19238]]

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

                TITLE III--ENERGY SECURITY AND DIPLOMACY

     SEC. 3001. SENSE OF CONGRESS.

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

     SEC. 3002. ENERGY SECURITY VALUATION.

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

     SEC. 3003. NORTH AMERICAN ENERGY SECURITY PLAN.

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

     SEC. 3004. COLLECTIVE ENERGY SECURITY.

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

[[Page 19239]]

       (c) Requirements.--The forums shall--
       (1) consist of at least one Trans-Atlantic and one Trans-
     Pacific energy security forum;
       (2) be designed to foster dialogue among government 
     officials, independent experts, and industry representatives 
     regarding--
       (A) the current state of global energy markets;
       (B) trade and investment issues relevant to energy; and
       (C) barriers to more open, competitive, and transparent 
     energy markets; and
       (3) be recorded and made publicly available on the 
     Department of Energy's website, including, not later than 30 
     days after each forum, publication on the website any 
     significant outcomes.
       (d) Notification.--At least 30 days before each of the 
     forums referred to in subsection (b), the Secretary of Energy 
     shall send a notification regarding the forum to--
       (1) the chair and the ranking minority member of the 
     Committee on Energy and Commerce and the Committee on Foreign 
     Affairs of the House of Representatives; and
       (2) the chair and ranking minority member of the Committee 
     on Energy and Natural Resources and the Committee on Foreign 
     Relations of the Senate.

     SEC. 3005. STRATEGIC PETROLEUM RESERVE MISSION READINESS 
                   PLAN.

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

     SEC. 3006. AUTHORIZATION TO EXPORT NATURAL GAS.

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

             TITLE IV--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              CHAPTER 1--FEDERAL AGENCY ENERGY EFFICIENCY

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

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

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

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

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

     SEC. 4112. ENERGY EFFICIENT DATA CENTERS.

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

[[Page 19240]]

       ``(5) updated projections and recommendations for best 
     practices through fiscal year 2020.
       ``(f) Data Center Energy Practitioner Program.--The 
     Secretary, in collaboration with key stakeholders and the 
     Director of the Office of Management and Budget, shall 
     maintain a data center energy practitioner program that leads 
     to the certification of energy practitioners qualified to 
     evaluate the energy usage and efficiency opportunities in 
     Federal data centers. Each Federal agency shall consider 
     having the data centers of the agency evaluated every 4 
     years, in accordance with section 543(f) of the National 
     Energy Conservation Policy Act (42 U.S.C. 8253), by energy 
     practitioners certified pursuant to such program.
       ``(g) Open Data Initiative.--The Secretary, in 
     collaboration with key stakeholders and the Director of the 
     Office of Management and Budget, shall establish an open data 
     initiative for Federal data center energy usage data, with 
     the purpose of making such data available and accessible in a 
     manner that encourages further data center innovation, 
     optimization, and consolidation. In establishing the 
     initiative, the Secretary shall consider the use of the 
     online Data Center Maturity Model.
       ``(h) International Specifications and Metrics.--The 
     Secretary, in collaboration with key stakeholders, shall 
     actively participate in efforts to harmonize global 
     specifications and metrics for data center energy and water 
     efficiency.
       ``(i) Data Center Utilization Metric.--The Secretary, in 
     collaboration with key stakeholders, shall facilitate the 
     development of an efficiency metric that measures the energy 
     efficiency of a data center (including equipment and 
     facilities).
       ``(j) Protection of Proprietary Information.--The Secretary 
     and the Administrator shall not disclose any proprietary 
     information or trade secrets provided by any individual or 
     company for the purposes of carrying out this section or the 
     programs and initiatives established under this section.''.

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

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

     SEC. 4114. FEDERAL PURCHASE REQUIREMENT.

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

     SEC. 4115. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL 
                   BUILDINGS.

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

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

[[Page 19241]]

       ``(iv) has been benchmarked with public disclosure under 
     paragraph (8) within the year preceding the evaluation; and
       ``(v)(I) based on the benchmarking, has achieved at a 
     facility level the most recent cumulative energy savings 
     target under subsection (a) compared to the earlier of--

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

       ``(AA) of the most recent commissioning, recommissioning, 
     or retrocommissioning; or
       ``(BB) on which ongoing commissioning, recommissioning, or 
     retrocommissioning began; or
       ``(II) has a long-term contract in place guaranteeing 
     energy savings at least as great as the energy savings target 
     under subclause (I).
       ``(4) Implementation of identified energy and water 
     efficiency measures.--
       ``(A) In general.--Not later than 2 years after the date of 
     completion of each evaluation under paragraph (3), each 
     energy manager may--
       ``(i) implement any energy- or water-saving measure that 
     the Federal agency identified in the evaluation conducted 
     under paragraph (3) that is life-cycle cost effective; and
       ``(ii) bundle individual measures of varying paybacks 
     together into combined projects.
       ``(B) Measures not implemented.--Each energy manager, as 
     part of the certification system under paragraph (7) and 
     using guidelines developed by the Secretary, shall provide an 
     explanation regarding any life-cycle cost-effective measures 
     described in subparagraph (A)(i) that have not been 
     implemented.''; and
       (D) in paragraph (7)(C), by adding at the end the 
     following:
       ``(iii) Summary report.--The Secretary shall make publicly 
     available a report that summarizes the information tracked 
     under subparagraph (B)(i) by each agency and, as applicable, 
     by each type of measure.''.

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

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

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

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

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

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

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

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

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

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

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

       (v) in clause (v)--

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

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

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

       (vi) in clause (vi)--

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

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

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

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

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

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

        CHAPTER 2--ENERGY EFFICIENT TECHNOLOGY AND MANUFACTURING

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

       Section 324(a)(2) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294(a)(2)) is amended by adding the following at 
     the end:

[[Page 19242]]

       ``(J) Smart grid capability on energy guide labels.--
       ``(i) Rule.--Not later than 1 year after the date of 
     enactment of this subparagraph, the Commission shall initiate 
     a rulemaking to consider making a special note in a prominent 
     manner on any Energy Guide label for any product that 
     includes Smart Grid capability that--

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

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

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

        Section 326(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6296(b)) is amended by adding at the end the 
     following:
       ``(6) Voluntary verification programs for air conditioning, 
     furnace, boiler, heat pump, and water heater products.--
       ``(A) Reliance on voluntary programs.--For the purpose of 
     verifying compliance with energy conservation standards 
     established under sections 325 and 342 for covered products 
     described in paragraphs (3), (4), (5), (9), and (11) of 
     section 322(a) and covered equipment described in 
     subparagraphs (B), (C), (D), (F), (I), (J), and (K) of 
     section 340(1), the Secretary shall rely on testing conducted 
     by recognized voluntary verification programs that are 
     recognized by the Secretary in accordance with subparagraph 
     (B).
       ``(B) Recognition of voluntary verification programs.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary shall initiate 
     a negotiated rulemaking in accordance with subchapter III of 
     chapter 5 of title 5, United States Code (commonly known as 
     the `Negotiated Rulemaking Act of 1990') to develop criteria 
     that have consensus support for achieving recognition by the 
     Secretary as an approved voluntary verification program. Any 
     subsequent amendment to such criteria may be made only 
     pursuant to a subsequent negotiated rulemaking in accordance 
     with subchapter III of chapter 5 of title 5, United States 
     Code.
       ``(ii) Minimum requirements.--The criteria developed under 
     clause (i) shall, at a minimum, ensure that a voluntary 
     verification program--

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

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

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

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

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

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

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

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

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

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

     SEC. 4123. FACILITATING CONSENSUS FURNACE STANDARDS.

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

     SEC. 4124. FUTURE OF INDUSTRY PROGRAM.

       (a) In General.--Section 452 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17111) is amended by striking 
     the section heading and inserting the following: ``FUTURE OF 
     INDUSTRY PROGRAM''.
       (b) Definition of Energy Service Provider.--Section 452(a) 
     of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17111(a)) is amended--

[[Page 19243]]

       (1) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively; and
       (2) by inserting after paragraph (2):
       ``(3) Energy service provider.--The term `energy service 
     provider' means any business providing technology or services 
     to improve the energy efficiency, water efficiency, power 
     factor, or load management of a manufacturing site or other 
     industrial process in an energy-intensive industry, or any 
     utility operating under a utility energy service project.''.
       (c) Industrial Research and Assessment Centers.--Section 
     452(e) of the Energy Independence and Security Act of 2007 
     (42 U.S.C. 17111(e)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     appropriately;
       (2) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary'';
       (3) in subparagraph (A) (as redesignated by paragraph (1)), 
     by inserting before the semicolon at the end the following: 
     ``, including assessments of sustainable manufacturing goals 
     and the implementation of information technology advancements 
     for supply chain analysis, logistics, system monitoring, 
     industrial and manufacturing processes, and other purposes''; 
     and
       (4) by adding at the end the following:
       ``(2) Coordination.--To increase the value and capabilities 
     of the industrial research and assessment centers, the 
     centers shall--
       ``(A) coordinate with Manufacturing Extension Partnership 
     Centers of the National Institute of Standards and 
     Technology;
       ``(B) coordinate with the Building Technologies Office of 
     the Department of Energy to provide building assessment 
     services to manufacturers;
       ``(C) increase partnerships with the National Laboratories 
     of the Department of Energy to leverage the expertise and 
     technologies of the National Laboratories for national 
     industrial and manufacturing needs; and
       ``(D) increase partnerships with energy service providers 
     and technology providers to leverage private sector expertise 
     and accelerate deployment of new and existing technologies 
     and processes for energy efficiency, power factor, and load 
     management.
       ``(3) Outreach.--The Secretary shall provide funding for--
       ``(A) outreach activities by the industrial research and 
     assessment centers to inform small- and medium-sized 
     manufacturers of the information, technologies, and services 
     available; and
       ``(B) coordination activities by each industrial research 
     and assessment center to leverage efforts with--
       ``(i) Federal and State efforts;
       ``(ii) the efforts of utilities and energy service 
     providers;
       ``(iii) the efforts of regional energy efficiency 
     organizations; and
       ``(iv) the efforts of other industrial research and 
     assessment centers.
       ``(4) Small business loans.--The Administrator of the Small 
     Business Administration shall, to the maximum extent 
     practicable, expedite consideration of applications from 
     eligible small business concerns for loans under the Small 
     Business Act (15 U.S.C. 631 et seq.) to implement 
     recommendations of industrial research and assessment centers 
     established under paragraph (1).''.
       (d) Conforming Amendment.--The item relating to section 452 
     in the table of contents for the Energy Independence and 
     Security Act of 2007 is amended to read as follows:

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

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

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

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

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

     SEC. 4127. INTERNET OF THINGS REPORT.

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

               CHAPTER 3--ENERGY PERFORMANCE CONTRACTING

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

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

                      CHAPTER 4--SCHOOL BUILDINGS

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

       Section 392 of the Energy Policy and Conservation Act (42 
     U.S.C. 6371a) is amended by adding at the end the following:
       ``(e) Coordination of Energy Retrofitting Assistance for 
     Schools.--
       ``(1) Definition of school.--Notwithstanding section 
     391(6), for the purposes of this subsection, the term 
     `school' means--
       ``(A) an elementary school or secondary school (as defined 
     in section 9101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801));
       ``(B) an institution of higher education (as defined in 
     section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(a)));
       ``(C) a school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.) or established under section 2164 of 
     title 10, United States Code;
       ``(D) a school operated by the Bureau of Indian Affairs;
       ``(E) a tribally controlled school (as defined in section 
     5212 of the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2511)); and

[[Page 19244]]

       ``(F) a Tribal College or University (as defined in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b))).
       ``(2) Establishment of clearinghouse.--The Secretary, 
     acting through the Office of Energy Efficiency and Renewable 
     Energy, shall establish a clearinghouse to disseminate 
     information regarding available Federal programs and 
     financing mechanisms that may be used to help initiate, 
     develop, and finance energy efficiency, distributed 
     generation, and energy retrofitting projects for schools.
       ``(3) Requirements.--In carrying out paragraph (2), the 
     Secretary shall--
       ``(A) consult with appropriate Federal agencies to develop 
     a list of Federal programs and financing mechanisms that are, 
     or may be, used for the purposes described in paragraph (2); 
     and
       ``(B) coordinate with appropriate Federal agencies to 
     develop a collaborative education and outreach effort to 
     streamline communications and promote available Federal 
     programs and financing mechanisms described in subparagraph 
     (A), which may include the development and maintenance of a 
     single online resource that includes contact information for 
     relevant technical assistance in the Office of Energy 
     Efficiency and Renewable Energy that States, local education 
     agencies, and schools may use to effectively access and use 
     such Federal programs and financing mechanisms.''.

                    CHAPTER 5--BUILDING ENERGY CODES

     SEC. 4151. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

       (a) Definitions.--Section 303 of the Energy Conservation 
     and Production Act (42 U.S.C. 6832), as amended by section 
     4116, is further amended--
       (1) by striking paragraph (14) and inserting the following:
       ``(14) Model building energy code.--The term `model 
     building energy code' means a voluntary building energy code 
     or standard developed and updated through a consensus process 
     among interested persons, such as the IECC or ASHRAE Standard 
     90.1 or a code used by other appropriate organizations 
     regarding which the Secretary has issued a determination that 
     buildings subject to it would achieve greater energy 
     efficiency than under a previously developed code.''; and
       (2) by adding at the end the following:
       ``(18) ASHRAE standard 90.1.--The term `ASHRAE Standard 
     90.1' means the American Society of Heating, Refrigerating 
     and Air-Conditioning Engineers ANSI/ASHRAE/IES Standard 90/1 
     Energy Standard for Buildings Except Low-Rise Residential 
     Buildings.
       ``(19) Cost-effective.--The term `cost-effective' means 
     having a simple payback of 10 years or less.
       ``(20) IECC.--The term `IECC' means the International 
     Energy Conservation Code as published by the International 
     Code Council.
       ``(21) Indian tribe.--The term `Indian tribe' has the 
     meaning given the term in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103).
       ``(22) Simple payback.--The term `simple payback' means the 
     time in years that is required for energy savings to exceed 
     the incremental first cost of a new requirement or code.
       ``(23) Technically feasible.--The term `technically 
     feasible' means capable of being achieved, based on widely 
     available appliances, equipment, technologies, materials, and 
     construction practices.''.
       (b) State Building Energy Efficiency Codes.--Section 304 of 
     the Energy Conservation and Production Act (42 U.S.C. 6833) 
     is amended to read as follows:

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

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

[[Page 19245]]

       ``(e) Technical Assistance to States and Indian Tribes.--
       ``(1) In general.--The Secretary shall, upon request, 
     provide technical assistance to States and Indian tribes to 
     implement the goals and requirements of this section--
       ``(A) to implement State residential and commercial 
     building energy codes; and
       ``(B) to document the rate of compliance with a building 
     energy code.
       ``(2) Technical assistance.--The assistance shall include, 
     as requested by the State or Indian tribe, technical 
     assistance in--
       ``(A) evaluating the energy savings of building energy 
     codes;
       ``(B) assessing the economic considerations, referenced in 
     section 307(b)(4), of implementing building energy codes;
       ``(C) building energy analysis and design tools;
       ``(D) energy simulation models;
       ``(E) building demonstrations;
       ``(F) developing the definitions of energy use intensity 
     and building types for use in model building energy codes to 
     evaluate the efficiency impacts of the model building energy 
     codes; and
       ``(G) complying with a performance-based pathway referenced 
     in the model code.
       ``(3) Exclusion.--For purposes of this section, `technical 
     assistance' shall not include actions that promote or 
     discourage the adoption of a particular building energy code, 
     code provision, or energy savings target to a State or Indian 
     tribe.
       ``(4) Information quality and transparency.--For purposes 
     of this section, information provided by the Secretary, 
     attendant to any technical assistance provided to a State or 
     Indian tribe, is `influential information' and shall satisfy 
     the guidelines established by the Office of Management and 
     Budget and published at 67 Federal Register 8,452 (Feb. 22, 
     2002).
       ``(f) Federal Support.--
       ``(1) In general.--The Secretary shall provide support to 
     States and Indian tribes--
       ``(A) to implement the reporting requirements of this 
     section; and
       ``(B) to implement residential and commercial building 
     energy codes, including increasing and verifying compliance 
     with the codes and training of State, tribal, and local 
     building code officials to implement and enforce the codes.
       ``(2) Exclusion.--Support shall not be given to support 
     adoption and implementation of model building energy codes 
     for which the Secretary has made a determination under 
     section 307(g)(1)(C) that the code is not cost-effective.
       ``(3) Training.--Support shall be offered to States to 
     train State and local building code officials to implement 
     and enforce codes described in paragraph (1)(B).
       ``(4) Local governments.--States may work under this 
     subsection with local governments that implement and enforce 
     codes described in paragraph (1)(B).
       ``(g) Voluntary Programs To Exceed Model Building Energy 
     Code.--
       ``(1) In general.--The Secretary shall provide technical 
     assistance, as described in subsection (e), for the 
     development of voluntary programs that exceed the model 
     building energy codes for residential and commercial 
     buildings for use as--
       ``(A) voluntary incentive programs adopted by local, 
     tribal, or State governments; and
       ``(B) nonbinding guidelines for energy-efficient building 
     design.
       ``(2) Targets.--The voluntary programs described in 
     paragraph (1) shall be designed--
       ``(A) to achieve substantial energy savings compared to the 
     model building energy codes; and
       ``(B) to meet targets under section 307(b), if available, 
     up to 3 to 6 years in advance of the target years.
       ``(h) Studies.--
       ``(1) GAO study.--
       ``(A) In general.--The Comptroller General of the United 
     States shall conduct a study of the impacts of updating the 
     national model building energy codes for residential and 
     commercial buildings. In conducting the study, the 
     Comptroller General shall consider and report, at a minimum--
       ``(i) the actual energy consumption savings stemming from 
     updated energy codes compared to the energy consumption 
     savings predicted during code development;
       ``(ii) the actual consumer cost savings stemming from 
     updated energy codes compared to predicted consumer cost 
     savings; and
       ``(iii) an accounting of expenditures of the Federal funds 
     under each program authorized by this title.
       ``(B) Report to congress.--Not later than 3 years after the 
     date of enactment of the North American Energy Security and 
     Infrastructure Act of 2015, the Comptroller General of the 
     United States shall submit a report to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives 
     including the study findings and conclusions.
       ``(2) Feasibility study.--The Secretary, in consultation 
     with building science experts from the National Laboratories 
     and institutions of higher education, designers and builders 
     of energy-efficient residential and commercial buildings, 
     code officials, and other stakeholders, shall undertake a 
     study of the feasibility, impact, economics, and merit of--
       ``(A) code improvements that would require that buildings 
     be designed, sited, and constructed in a manner that makes 
     the buildings more adaptable in the future to become zero-
     net-energy after initial construction, as advances are 
     achieved in energy-saving technologies;
       ``(B) code procedures to incorporate a ten-year payback, 
     not just first-year energy use, in trade-offs and performance 
     calculations; and
       ``(C) legislative options for increasing energy savings 
     from building energy codes, including additional incentives 
     for effective State and local verification of compliance with 
     and enforcement of a code.
       ``(3) Energy data in multitenant buildings.--The Secretary, 
     in consultation with appropriate representatives of the 
     utility, utility regulatory, building ownership, and other 
     stakeholders, shall--
       ``(A) undertake a study of best practices regarding 
     delivery of aggregated energy consumption information to 
     owners and managers of residential and commercial buildings 
     with multiple tenants and uses; and
       ``(B) consider the development of a memorandum of 
     understanding between and among affected stakeholders to 
     reduce barriers to the delivery of aggregated energy 
     consumption information to such owners and managers.
       ``(i) Effect on Other Laws.--Nothing in this section or 
     section 307 supersedes or modifies the application of 
     sections 321 through 346 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291 et seq.).
       ``(j) Funding Limitations.--No Federal funds shall be--
       ``(1) used to support actions by the Secretary, or States, 
     to promote or discourage the adoption of a particular 
     building energy code, code provision, or energy saving target 
     to a State or Indian tribe; or
       ``(2) provided to private third parties or non-governmental 
     organizations to engage in such activities.''.
       (c) Federal Building Energy Efficiency Standards.--Section 
     305 of the Energy Conservation and Production Act (42 U.S.C. 
     6834) is amended by striking ``voluntary building energy 
     code'' in subsections (a)(2)(B) and (b) and inserting ``model 
     building energy code''.
       (d) Model Building Energy Codes.--
       (1) Amendment.--Section 307 of the Energy Conservation and 
     Production Act (42 U.S.C. 6836) is amended to read as 
     follows:

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

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

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

       ``(ii) Initial targets.--Not later than 1 year after the 
     date of enactment of this clause, the Secretary shall 
     establish initial targets under this subparagraph.
       ``(iii) Different target years.--Subject to clause (i), 
     prior to the applicable year, the Secretary may set a later 
     target year for any of the model building energy codes 
     described in subparagraph (A) if the Secretary determines 
     that a target cannot be met.
       ``(E) Small business.--When establishing targets under this 
     paragraph through rulemaking, the Secretary shall ensure 
     compliance with the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121) 
     for any indirect economic effect on small entities that is 
     reasonably foreseeable and a result of such rule.
       ``(3) Appliance standards and other factors affecting 
     building energy use.--In establishing energy savings targets 
     under paragraph (2), the Secretary shall develop and adjust 
     the targets in recognition of potential savings and costs 
     relating to--
       ``(A) efficiency gains made in appliances, lighting, 
     windows, insulation, and building envelope sealing;
       ``(B) advancement of distributed generation and on-site 
     renewable power generation technologies;
       ``(C) equipment improvements for heating, cooling, and 
     ventilation systems and water heating systems;

[[Page 19246]]

       ``(D) building management systems and smart grid 
     technologies to reduce energy use; and
       ``(E) other technologies, practices, and building systems 
     regarding building plug load and other energy uses.
     In developing and adjusting the targets, the Secretary shall 
     use climate zone weighted averages for equipment efficiency 
     for heating, cooling, ventilation, and water heating systems, 
     using equipment that is actually installed.
       ``(4) Economic considerations.--In establishing and 
     revising energy savings targets under paragraph (2), the 
     Secretary shall consider the economic feasibility of 
     achieving the proposed targets established under this section 
     and the potential costs and savings for consumers and 
     building owners, by conducting a return on investment 
     analysis, using a simple payback methodology over a 3-, 5-, 
     and 7-year period. The Secretary shall not propose or provide 
     technical or financial assistance for any code, provision in 
     the code, or energy target, or amendment thereto, that has a 
     payback greater than 10 years.
       ``(c) Technical Assistance to Model Building Energy Code-
     Setting and Standard Development Organizations.--
       ``(1) In general.--The Secretary shall, on a timely basis, 
     provide technical assistance to model building energy code-
     setting and standard development organizations consistent 
     with the goals of this section.
       ``(2) Technical assistance.--The assistance shall include, 
     as requested by the organizations, technical assistance in--
       ``(A) evaluating the energy savings of building energy 
     codes;
       ``(B) assessing the economic considerations, under 
     subsection (b)(4), of code or standards proposals or 
     revisions;
       ``(C) building energy analysis and design tools;
       ``(D) energy simulation models;
       ``(E) building demonstrations;
       ``(F) developing definitions of energy use intensity and 
     building types for use in model building energy codes to 
     evaluate the efficiency impacts of the model building energy 
     codes;
       ``(G) developing a performance-based pathway for 
     compliance;
       ``(H) developing model building energy codes by Indian 
     tribes in accordance with tribal law; and
       ``(I) code development meetings, including through direct 
     Federal employee participation in committee meetings, 
     hearings and online communication, voting, and presenting 
     research and technical or economic analyses during such 
     meetings.
       ``(3) Exclusion.--Except as provided in paragraph (2)(I), 
     for purposes of this section, `technical assistance' shall 
     not include actions that promote or discourage the adoption 
     of a particular building energy code, code provision, or 
     energy savings target.
       ``(4) Information quality and transparency.--For purposes 
     of this section, information provided by the Secretary, 
     attendant to development of any energy savings targets, is 
     influential information and shall satisfy the guidelines 
     established by the Office of Management and Budget and 
     published at 67 Federal Register 8,452 (Feb. 22, 2002).
       ``(d) Amendment Proposals.--
       ``(1) In general.--The Secretary may submit timely model 
     building energy code amendment proposals that are technically 
     feasible, cost-effective, and technology-neutral to the model 
     building energy code-setting and standard development 
     organizations, with supporting evidence, sufficient to enable 
     the model building energy codes to meet the targets 
     established under subsection (b)(2).
       ``(2) Process and factors.--All amendment proposals 
     submitted by the Secretary shall be published in the Federal 
     Register and made available on the Department of Energy 
     website 90 days prior to any submittal to a code development 
     body, and shall be subject to a public comment period of not 
     less than 60 days. Information provided by the Secretary, 
     attendant to submission of any amendment proposals, is 
     influential information and shall satisfy the guidelines 
     established by the Office of Management and Budget and 
     published at 67 Federal Register 8,452 (Feb. 22, 2002). When 
     calculating the costs and benefits of an amendment, the 
     Secretary shall use climate zone weighted averages for 
     equipment efficiency for heating, cooling, ventilation, and 
     water heating systems, using equipment that is actually 
     installed.
       ``(e) Analysis Methodology.--The Secretary shall make 
     publicly available the entire calculation methodology 
     (including input assumptions and data) used by the Secretary 
     to estimate the energy savings of code or standard proposals 
     and revisions.
       ``(f) Methodology Development.--The Secretary shall 
     establish a methodology for evaluating cost effectiveness of 
     energy code changes in multifamily buildings that 
     incorporates economic parameters representative of typical 
     multifamily buildings.
       ``(g) Determination.--
       ``(1) Revision of model building energy codes.--If the 
     provisions of the IECC or ASHRAE Standard 90.1 regarding 
     building energy use are revised, the Secretary shall make a 
     preliminary determination not later than 90 days after the 
     date of the revision, and a final determination not later 
     than 15 months after the date of the revision, on whether or 
     not the revision--
       ``(A) improves energy efficiency in buildings compared to 
     the existing IECC or ASHRAE Standard 90.1, as applicable;
       ``(B) meets the applicable targets under subsection (b)(2); 
     and
       ``(C) is technically feasible and cost-effective.
       ``(2) Codes or standards not meeting criteria.--
       ``(A) In general.--If the Secretary makes a preliminary 
     determination under paragraph (1)(B) that a revised IECC or 
     ASHRAE Standard 90.1 does not meet the targets established 
     under subsection (b)(2), is not technically feasible, or is 
     not cost-effective, the Secretary may at the same time 
     provide technical assistance, as described in subsection (c), 
     to the International Code Council or ASHRAE, as applicable, 
     with proposed changes that would result in a model building 
     energy code or standard that meets the criteria, and with 
     supporting evidence. Proposed changes submitted by the 
     Secretary shall be published in the Federal Register and made 
     available on the Department of Energy website 90 days prior 
     to any submittal to a code development body, and shall be 
     subject to a public comment period of not less than 60 days. 
     Information provided by the Secretary, attendant to 
     submission of any amendment proposals, is influential 
     information and shall satisfy the guidelines established by 
     the Office of Management and Budget and published at 67 
     Federal Register 8,452 (Feb. 22, 2002).
       ``(B) Incorporation of changes.--
       ``(i) In general.--On receipt of the technical assistance, 
     as described in subsection (c), the International Code 
     Council or ASHRAE, as applicable, shall, prior to the 
     Secretary making a final determination under paragraph (1), 
     have an additional 270 days to accept or reject the proposed 
     changes made by the Secretary to the model building energy 
     code or standard.
       ``(ii) Final determination.--A final determination under 
     paragraph (1) shall be on the final revised model building 
     energy code or standard.
       ``(h) Administration.--In carrying out this section, the 
     Secretary shall--
       ``(1) publish notice of targets, amendment proposals and 
     supporting analysis and determinations under this section in 
     the Federal Register to provide an explanation of and the 
     basis for such actions, including any supporting modeling, 
     data, assumptions, protocols, and cost-benefit analysis, 
     including return on investment;
       ``(2) provide an opportunity for public comment on targets 
     and supporting analysis and determinations under this 
     section, in accordance with section 553 of title 5, United 
     States Code; and
       ``(3) provide an opportunity for public comment on 
     amendment proposals.
       ``(i) Voluntary Codes and Standards.--Not withstanding any 
     other provision of this section, any model building code or 
     standard established under this section shall not be binding 
     on a State, local government, or Indian tribe as a matter of 
     Federal law.''.
       (2) Conforming amendment.--The item relating to section 307 
     in the table of contents for the Energy Conservation and 
     Production Act is amended to read as follows:

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

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

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

        CHAPTER 6--EPCA TECHNICAL CORRECTIONS AND CLARIFICATIONS

     SEC. 4161. MODIFYING PRODUCT DEFINITIONS.

       (a) Authority To Modify Definitions.--
       (1) Covered products.--Section 322 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292) is amended by adding at the 
     end the following:
       ``(c) Modifying Definitions of Covered Products.--
       ``(1) In general.--For any covered product for which a 
     definition is provided in section 321, the Secretary may, by 
     rule, unless prohibited herein, modify such definition in 
     order to--
       ``(A) address significant changes in the product or the 
     market occurring since the definition was established; and
       ``(B) better enable improvements in the energy efficiency 
     of the product as part of an energy using system.
       ``(2) Antibacksliding exemption.--Section 325(o)(1) shall 
     not apply to adjustments to covered product definitions made 
     pursuant to this subsection.
       ``(3) Procedure for modifying definition.--
       ``(A) In general.--Notice of any adjustment to the 
     definition of a covered product and an explanation of the 
     reasons therefor shall be published in the Federal Register 
     and opportunity provided for public comment.
       ``(B) Consensus required.--Any amendment to the definition 
     of a covered product under this subsection must have 
     consensus support, as reflected in--
       ``(i) the outcome of negotiations conducted in accordance 
     with the subchapter III of chapter 5 of title 5, United 
     States Code (commonly known as the `Negotiated Rulemaking Act 
     of 1990'); or

[[Page 19247]]

       ``(ii) the Secretary's receipt of a statement that is 
     submitted jointly by interested persons that are fairly 
     representative of relevant points of view (including 
     representatives of manufacturers of covered products, States, 
     and efficiency advocates), as determined by the Secretary, 
     which contains a recommended modified definition for a 
     covered product.
       ``(4) Effect of a modified definition.--
       ``(A) In general.--For any type or class of consumer 
     product which becomes a covered product pursuant to this 
     subsection--
       ``(i) the Secretary may establish test procedures for such 
     type or class of covered product pursuant to section 323 and 
     energy conservation standards pursuant to section 325(l);
       ``(ii) the Commission may prescribe labeling rules pursuant 
     to section 324 if the Commission determines that labeling in 
     accordance with that section is technologically and 
     economically feasible and likely to assist consumers in 
     making purchasing decisions;
       ``(iii) section 327 shall begin to apply to such type or 
     class of covered product in accordance with section 
     325(ii)(1); and
       ``(iv) standards previously promulgated under section 325 
     shall not apply to such type or class of product.
       ``(B) Applicability.--For any type or class of consumer 
     product which ceases to be a covered product pursuant to this 
     subsection, the provisions of this part shall no longer apply 
     to the type or class of consumer product.''.
       (2) Covered equipment.--Section 341 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6312) is amended by adding at 
     the end the following:
       ``(d) Modifying Definitions of Covered Equipment.--
       ``(1) In general.--For any covered equipment for which a 
     definition is provided in section 340, the Secretary may, by 
     rule, unless prohibited herein, modify such definition in 
     order to--
       ``(A) address significant changes in the product or the 
     market occurring since the definition was established; and
       ``(B) better enable improvements in the energy efficiency 
     of the equipment as part of an energy using system.
       ``(2) Antibacksliding exemption.--Section 325(o)(1) shall 
     not apply to adjustments to covered equipment definitions 
     made pursuant to this subsection.
       ``(3) Procedure for modifying definition.--
       ``(A) In general.--Notice of any adjustment to the 
     definition of a type of covered equipment and an explanation 
     of the reasons therefor shall be published in the Federal 
     Register and opportunity provided for public comment.
       ``(B) Consensus required.--Any amendment to the definition 
     of a type of covered equipment under this subsection must 
     have consensus support, as reflected in--
       ``(i) the outcome of negotiations conducted in accordance 
     with the subchapter III of chapter 5 of title 5, United 
     States Code (commonly known as the `Negotiated Rulemaking Act 
     of 1990'); or
       ``(ii) the Secretary's receipt of a statement that is 
     submitted jointly by interested persons that are fairly 
     representative of relevant points of view (including 
     representatives of manufacturers of covered equipment, 
     States, and efficiency advocates), as determined by the 
     Secretary, which contains a recommended modified definition 
     for a type of covered equipment.
       ``(4) Effect of a modified definition.--
       ``(A) For any type or class of equipment which becomes 
     covered equipment pursuant to this subsection--
       ``(i) the Secretary may establish test procedures for such 
     type or class of covered equipment pursuant to section 343 
     and energy conservation standards pursuant to section 325(l);
       ``(ii) the Secretary may prescribe labeling rules pursuant 
     to section 344 if the Secretary determines that labeling in 
     accordance with that section is technologically and 
     economically feasible and likely to assist purchasers in 
     making purchasing decisions;
       ``(iii) section 327 shall begin to apply to such type or 
     class of covered equipment in accordance with section 
     325(ii)(1); and
       ``(iv) standards previously promulgated under section 325, 
     342, or 346 shall not apply to such type or class of covered 
     equipment.
       ``(B) For any type or class of equipment which ceases to be 
     covered equipment pursuant to this subsection the provisions 
     of this part shall no longer apply to the type or class of 
     equipment.''.
       (b) Conforming Amendments Providing for Judicial Review.--
       (1) Section 336 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6306) is amended by striking ``section 323,'' each 
     place it appears and inserting ``section 322, 323,''; and
       (2) Section 345(a)(1) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6316(a)(1)) is amended to read as follows:
       ``(1) the references to sections 322, 323, 324, and 325 of 
     this Act shall be considered as references to sections 341, 
     343, 344, and 342 of this Act, respectively;''.

     SEC. 4162. CLARIFYING RULEMAKING PROCEDURES.

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

                 CHAPTER 7--ENERGY AND WATER EFFICIENCY

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

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a utility;
       (B) a municipality;
       (C) a water district; and
       (D) any other authority that provides water, wastewater, or 
     water reuse services.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (3) Smart energy and water efficiency pilot program.--The 
     term ``smart energy and water efficiency pilot program'' or 
     ``pilot program'' means the pilot program established under 
     subsection (b).
       (b) Smart Energy and Water Efficiency Pilot Program.--
       (1) In general.--The Secretary shall establish and carry 
     out a smart energy and water efficiency management pilot 
     program in accordance with this section.
       (2) Purpose.--The purpose of the smart energy and water 
     efficiency pilot program is to award grants to eligible 
     entities to demonstrate advanced and innovative technology-
     based solutions that will--
       (A) increase and improve the energy efficiency of water, 
     wastewater, and water reuse systems to help communities 
     across the United States make significant progress in 
     conserving water, saving energy, and reducing costs;
       (B) support the implementation of innovative processes and 
     the installation of advanced automated systems that provide 
     real-time data on energy and water; and
       (C) improve energy and water conservation, water quality, 
     and predictive maintenance of energy and water systems, 
     through the use of Internet-connected technologies, including 
     sensors, intelligent gateways, and security embedded in 
     hardware.
       (3) Project selection.--
       (A) In general.--The Secretary shall make competitive, 
     merit-reviewed grants under the pilot program to not less 
     than 3, but not more than 5, eligible entities.
       (B) Selection criteria.--In selecting an eligible entity to 
     receive a grant under the pilot program, the Secretary shall 
     consider--
       (i) energy and cost savings anticipated to result from the 
     project;
       (ii) the innovative nature, commercial viability, and 
     reliability of the technology to be used;

[[Page 19248]]

       (iii) the degree to which the project integrates next-
     generation sensors, software, hardware, analytics, and 
     management tools;
       (iv) the anticipated cost effectiveness of the pilot 
     project in terms of energy efficiency savings, water savings 
     or reuse, and infrastructure costs averted;
       (v) whether the technology can be deployed in a variety of 
     geographic regions and the degree to which the technology can 
     be implemented on a smaller or larger scale, including 
     whether the technology can be implemented by each type of 
     eligible entity;
       (vi) whether the technology has been successfully deployed 
     elsewhere;
       (vii) whether the technology is sourced from a manufacturer 
     based in the United States; and
       (viii) whether the project will be completed in 5 years or 
     less.
       (C) Applications.--
       (i) In general.--Subject to clause (ii), an eligible entity 
     seeking a grant under the pilot program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary determines to be 
     necessary.
       (ii) Contents.--An application under clause (i) shall, at a 
     minimum, include--

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

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

     SEC. 4172. WATERSENSE.

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

     ``SEC. 324B. WATERSENSE.

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

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

                       Subtitle B--Accountability

      CHAPTER 1--MARKET MANIPULATION, ENFORCEMENT, AND COMPLIANCE

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

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

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

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

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

       ``(iv) the impact of existing and proposed Commission rules 
     and orders on small entities, as defined in section 601 of 
     title 5, United States Code (commonly known as the Regulatory 
     Flexibility Act);

[[Page 19249]]

       ``(B) providing entities subject to regulation by the 
     Commission the opportunity to obtain timely guidance for 
     compliance with Commission rules and orders; and
       ``(C) providing information to the Commission and Congress 
     to inform policy with respect to energy issues under the 
     jurisdiction of the Commission.
       ``(2) Reports and guidance.--The Director shall, as the 
     Director determines appropriate, issue reports and guidance 
     to the Commission and to entities subject to regulation by 
     the Commission, regarding market practices, proposing 
     improvements in Commission monitoring of market practices, 
     and addressing potential improvements to both industry and 
     Commission practices.
       ``(3) Outreach.--The Director shall promote improved 
     compliance with Commission rules and orders through outreach, 
     publications, and, where appropriate, direct communication 
     with entities regulated by the Commission.''.

                       CHAPTER 2--MARKET REFORMS

     SEC. 4221. GAO STUDY ON WHOLESALE ELECTRICITY MARKETS.

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

     SEC. 4222. CLARIFICATION OF FACILITY MERGER AUTHORIZATION.

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

                      CHAPTER 3--CODE MAINTENANCE

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

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

     SEC. 4232. REPEAL OF METHANOL STUDY.

       Section 400EE of the Energy Policy and Conservation Act (42 
     U.S.C. 6374d) is amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively.

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

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

     SEC. 4234. REPEAL OF WEATHERIZATION STUDY.

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

     SEC. 4235. REPEAL OF REPORT TO CONGRESS.

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

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

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

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

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

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

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

     ``SEC. 160. INSPECTOR GENERAL REVIEW.

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

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

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

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

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

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

     SEC. 4241. REPEAL OF NATIONAL COAL POLICY STUDY.

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

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

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

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

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

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

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

     SEC. 4245. REPEAL OF SUBMISSION OF REPORTS.

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

     SEC. 4246. REPEAL OF ELECTRIC UTILITY CONSERVATION PLAN.

       (a) Repeal.--Section 808 of the Powerplant and Industrial 
     Fuel Use Act of 1978 (42 U.S.C. 8484) is repealed.

[[Page 19250]]

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

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

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

     SEC. 4248. EMERGENCY ENERGY CONSERVATION REPEALS.

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

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

     SEC. 4249. REPEAL OF STATE UTILITY REGULATORY ASSISTANCE.

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

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

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

     SEC. 4251. REPEAL OF PHOTOVOLTAIC ENERGY PROGRAM.

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

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

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

                    CHAPTER 4--USE OF EXISTING FUNDS

     SEC. 4261. USE OF EXISTING FUNDS.

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

              TITLE V--NATIONAL ENERGY SECURITY CORRIDORS

     SEC. 5001. SHORT TITLE.

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

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

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

     SEC. 5003. NOTIFICATION REQUIREMENT.

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

[[Page 19251]]



        TITLE VI--ELECTRICITY RELIABILITY AND FOREST PROTECTION

     SEC. 6001. SHORT TITLE.

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

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

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

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

       ``(a) General Direction.--In order to enhance the 
     reliability of the electricity grid and reduce the threat of 
     wildfires to and from electric transmission and distribution 
     rights-of-way and related facilities and adjacent property, 
     the Secretary, with respect to public lands and other lands 
     under the jurisdiction of the Secretary, and the Secretary of 
     Agriculture, with respect to National Forest System lands, 
     shall provide direction to ensure that all existing and 
     future rights-of-way, however established (including by 
     grant, special use authorization, and easement), for 
     electrical transmission and distribution facilities on such 
     lands include provisions for utility vegetation management, 
     facility inspection, and operation and maintenance activities 
     that, while consistent with applicable law--
       ``(1) are developed in consultation with the holder of the 
     right-of-way;
       ``(2) enable the owner or operator of a facility to operate 
     and maintain the facility in good working order and to comply 
     with Federal, State and local electric system reliability and 
     fire safety requirements, including reliability standards 
     established by the North American Electric Reliability 
     Corporation and plans to meet such reliability standards;
       ``(3) minimize the need for case-by-case or annual 
     approvals for--
       ``(A) routine vegetation management, facility inspection, 
     and operation and maintenance activities within existing 
     electrical transmission and distribution rights-of-way; and
       ``(B) utility vegetation management activities that are 
     necessary to control hazard trees within or adjacent to 
     electrical transmission and distribution rights-of-way; and
       ``(4) when review is required, provide for expedited review 
     and approval of utility vegetation management, facility 
     inspection, and operation and maintenance activities, 
     especially activities requiring prompt action to avoid an 
     adverse impact on human safety or electric reliability to 
     avoid fire hazards.
       ``(b) Vegetation Management, Facility Inspection, and 
     Operation and Maintenance Plans.--
       ``(1) Development and submission.--Consistent with 
     subsection (a), the Secretary and the Secretary of 
     Agriculture shall provide owners and operators of electric 
     transmission and distribution facilities located on lands 
     described in such subsection with the option to develop and 
     submit a vegetation management, facility inspection, and 
     operation and maintenance plan, that at each owner or 
     operator's transmission discretion may cover some or all of 
     the owner or operator's transmission and distribution rights-
     of-way on Federal lands, for approval to the Secretary with 
     jurisdiction over the lands. A plan under this paragraph 
     shall enable the owner or operator of a facility, at a 
     minimum, to comply with applicable Federal, State, and local 
     electric system reliability and fire safety requirements, as 
     provided in subsection (a)(2). The Secretaries shall not have 
     the authority to modify those requirements.
       ``(2) Review and approval process.--The Secretary and the 
     Secretary of Agriculture shall jointly develop a consolidated 
     and coordinated process for review and approval of--
       ``(A) vegetation management, facility inspection, and 
     operation and maintenance plans submitted under paragraph (1) 
     that--
       ``(i) assures prompt review and approval not to exceed 90 
     days;
       ``(ii) includes timelines and benchmarks for agency 
     comments to submitted plans and final approval of such plans;
       ``(iii) is consistent with applicable law; and
       ``(iv) minimizes the costs of the process to the reviewing 
     agency and the entity submitting the plans; and
       ``(B) amendments to the plans in a prompt manner if changed 
     conditions necessitate a modification to a plan.
       ``(3) Notification.--The review and approval process under 
     paragraph (2) shall--
       ``(A) include notification by the agency of any changed 
     conditions that warrant a modification to a plan;
       ``(B) provide an opportunity for the owner or operator to 
     submit a proposed plan amendment to address directly the 
     changed condition; and
       ``(C) allow the owner or operator to continue to implement 
     those elements of the approved plan that do not directly and 
     adversely affect the condition precipitating the need for 
     modification.
       ``(4) Categorical exclusion process.--The Secretary and the 
     Secretary of Agriculture shall apply his or her categorical 
     exclusion process under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) to plans developed under 
     this subsection on existing transmission and distribution 
     rights-of-way under this subsection.
       ``(5) Implementation.--A plan approved under this 
     subsection shall become part of the authorization governing 
     the covered right-of-way and hazard trees adjacent to the 
     right-of-way. If a vegetation management plan is proposed for 
     an existing transmission and distribution facility concurrent 
     with the siting of a new transmission or distribution 
     facility, necessary reviews shall be completed as part of the 
     siting process or sooner. Once the plan is approved, the 
     owner or operator shall provide the agency with only a 
     notification of activities anticipated to be undertaken in 
     the coming year, a description of those activities, and 
     certification that the activities are in accordance with the 
     plan.
       ``(6) Definitions.--In this subsection:
       ``(A) Vegetation management, facility inspection, and 
     operation and maintenance plan.--The term `vegetation 
     management, facility inspection, and operation and 
     maintenance plan' means a plan that--
       ``(i) is prepared by the owner or operator of one or more 
     electrical transmission or distribution facilities to cover 
     one or more electric transmission and distribution rights-of-
     way; and
       ``(ii) provides for the long-term, cost-effective, 
     efficient and timely management of facilities and vegetation 
     within the width of the right-of-way and adjacent Federal 
     lands to enhance electricity reliability, promote public 
     safety, and avoid fire hazards.
       ``(B) Owner or operator.--The terms `owner' and `operator' 
     include contractors or other agents engaged by the owner or 
     operator of a facility.
       ``(C) Hazard tree.--The term `hazard tree' means any tree 
     inside the right-of-way or located outside the right-of-way 
     that has been found by the either the owner or operator of a 
     transmission or distribution facility, or the Secretary or 
     the Secretary of Agriculture, to be likely to fail and cause 
     a high risk of injury, damage, or disruption within 10 feet 
     or less of an electric power line or related structure if it 
     fell.
       ``(c) Response to Emergency Conditions.--If vegetation on 
     Federal lands within, or hazard trees on Federal lands 
     adjacent to, an electrical transmission or distribution 
     right-of-way granted by the Secretary or the Secretary of 
     Agriculture has contacted or is in imminent danger of 
     contacting one or more electric transmission or distribution 
     lines, the owner or operator of the transmission or 
     distribution lines--
       ``(1) may prune or remove the vegetation to avoid the 
     disruption of electric service and risk of fire; and
       ``(2) shall notify the appropriate local agent of the 
     relevant Secretary not later than 24 hours after such 
     removal.
       ``(d) Compliance With Applicable Reliability and Safety 
     Standards.--If vegetation on Federal lands within or adjacent 
     to an electrical transmission or distribution right-of-way 
     under the jurisdiction of each Secretary does not meet 
     clearance requirements under standards established by the 
     North American Electric Reliability Corporation, or by State 
     and local authorities, and the Secretary having jurisdiction 
     over the lands has failed to act to allow a transmission or 
     distribution facility owner or operator to conduct vegetation 
     management activities within 3 business days after receiving 
     a request to allow such activities, the owner or operator 
     may, after notifying the Secretary, conduct such vegetation 
     management activities to meet those clearance requirements.
       ``(e) Reporting Requirement.--The Secretary or Secretary of 
     Agriculture shall report requests and actions made under 
     subsections (c) and (d) annually on each Secretary's website.
       ``(f) Liability.--An owner or operator of a transmission or 
     distribution facility shall not be held liable for wildfire 
     damage, loss or injury, including the cost of fire 
     suppression, if--
       ``(1) the Secretary or the Secretary of Agriculture fails 
     to allow the owner or operator to operate consistently with 
     an approved vegetation management, facility inspection, and 
     operation and maintenance plan on Federal lands under the 
     relevant Secretary's jurisdiction within or adjacent to a 
     right-of-way to comply with Federal, State or local electric 
     system reliability and fire safety standards, including 
     standards established by the North American Electric 
     Reliability Corporation; or
       ``(2) the Secretary or the Secretary of Agriculture fails 
     to allow the owner or operator of the transmission or 
     distribution facility to perform appropriate vegetation 
     management activities in response to an identified hazard 
     tree as defined under subsection (b)(6), or a tree in 
     imminent danger of contacting the owner's or operator's 
     transmission or distribution facility.
       ``(g) Training and Guidance.--In consultation with the 
     electric utility industry, the Secretary and the Secretary of 
     Agriculture are encouraged to develop a program to train 
     personnel of the Department of the Interior and the Forest 
     Service involved in vegetation management decisions relating 
     to transmission and distribution facilities to ensure that 
     such personnel--
       ``(1) understand electric system reliability and fire 
     safety requirements, including reliability standards 
     established by the North American Electric Reliability 
     Corporation;
       ``(2) assist owners and operators of transmission and 
     distribution facilities to comply with applicable electric 
     reliability and fire safety requirements; and
       ``(3) encourage and assist willing owners and operators of 
     transmission and distribution facilities to incorporate on a 
     voluntary basis vegetation management practices to enhance 
     habitats and forage for pollinators and for other wildlife

[[Page 19252]]

     so long as the practices are compatible with the integrated 
     vegetation management practices necessary for reliability and 
     safety.
       ``(h) Implementation.--The Secretary of the Interior and 
     the Secretary of Agriculture shall--
       ``(1) not later than one year after the date of the 
     enactment of this section, prescribe regulations, or amend 
     existing regulations, to implement this section; and
       ``(2) not later than two years after the date of the 
     enactment of this section, finalize regulations, or amend 
     existing regulations, to implement this section.
       ``(i) Existing Vegetation Management, Facility Inspection 
     and Operation and Maintenance Plans.--Nothing in this section 
     requires an owner or operator to develop and submit a 
     vegetation management, facility inspection, and operation and 
     maintenance plan if one has already been approved by the 
     Secretary or Secretary of Agriculture before the date of the 
     enactment of this section.''.
       (b) Clerical Amendment.--The table of sections for the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1761 et seq.), is amended by inserting after the item 
     relating to section 511 the following new item:

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

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


                  Amendment No. 1 Offered by Mr. Upton

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

       Amend the table of contents to read as follows:

Sec. 1. Short title; table of contents.

           TITLE I--MODERNIZING AND PROTECTING INFRASTRUCTURE

         Subtitle A--Energy Delivery, Reliability, and Security

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

            Subtitle B--Hydropower Regulatory Modernization

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

                TITLE II--ENERGY SECURITY AND DIPLOMACY

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

            TITLE III--ENERGY EFFICIENCY AND ACCOUNTABILITY

                     Subtitle A--Energy Efficiency

              Chapter 1--Federal Agency Energy Efficiency

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

        Chapter 2--Energy Efficient Technology and Manufacturing

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

                      Chapter 3--School Buildings

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

                    Chapter 4--Building Energy Codes

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

        Chapter 5--EPCA Technical Corrections and Clarifications

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

                 Chapter 6--Energy and Water Efficiency

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

                       Subtitle B--Accountability

      Chapter 1--Market Manipulation, Enforcement, and Compliance

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

                       Chapter 2--Market Reforms

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

                      Chapter 3--Code Maintenance

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

                    Chapter 4--Use of Existing Funds

Sec. 3261. Use of existing funds.

       Page 25, strike lines 1 though 11 and insert the following:
       ``(7) Disclosure of protected information.--In implementing 
     this section, the Commission shall segregate critical 
     electric infrastructure information or information that 
     reasonably could be expected to lead to the disclosure of the 
     critical electric infrastructure information within documents 
     and

[[Page 19253]]

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

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

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

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

       (a) In General.--Section 28 of the Mineral Leasing Act (30 
     U.S.C. 185) is amended as follows:
       (1) In subsection (b)--
       (A) by striking ``(b)(1) For the purposes of this section 
     `Federal lands' means'' and inserting the following:
       ``(b)(1) For the purposes of this section `Federal lands'--
       ``(A) except as provided in subparagraph (B), means'';
       (B) by striking the period at the end of paragraph (1) and 
     inserting ``; and'' and by adding at the end of paragraph (1) 
     the following:
       ``(B) for purposes of granting an application for a natural 
     gas pipeline right-of-way, means all lands owned by the 
     United States except--
       ``(i) such lands held in trust for an Indian or Indian 
     tribe; and
       ``(ii) lands on the Outer Continental Shelf.''.
       (2) By redesignating subsection (b), as so amended, as 
     subsection (z), and transferring such subsection to appear 
     after subsection (y) of that section.
       (3) By inserting after subsection (a) the following:
       ``(b) National Energy Security Corridors.--
       ``(1) Designation.--In addition to other authorities under 
     this section, the Secretary shall--
       ``(A) identify and designate suitable Federal lands as 
     National Energy Security Corridors (in this subsection 
     referred to as a `Corridor'), which shall be used for 
     construction, operation, and maintenance of natural gas 
     transmission facilities; and
       ``(B) incorporate such Corridors upon designation into the 
     relevant agency land use and resource management plans or 
     equivalent plans.
       ``(2) Considerations.--In evaluating Federal lands for 
     designation as a National Energy Security Corridor, the 
     Secretary shall--
       ``(A) employ the principle of multiple use to ensure route 
     decisions balance national energy security needs with 
     existing land use principles;
       ``(B) seek input from other Federal counterparts, State, 
     local, and tribal governments, and affected utility and 
     pipeline industries to determine the best suitable, most 
     cost-effective, and commercially viable acreage for natural 
     gas transmission facilities;
       ``(C) focus on transmission routes that improve domestic 
     energy security through increasing reliability, relieving 
     congestion, reducing natural gas prices, and meeting growing 
     demand for natural gas; and
       ``(D) take into account technological innovations that 
     reduce the need for surface disturbance.
       ``(3) Procedures.--The Secretary shall establish procedures 
     to expedite and approve applications for rights-of-way for 
     natural gas pipelines across National Energy Security 
     Corridors, that--
       ``(A) ensure a transparent process for review of 
     applications for rights-of-way on such corridors;
       ``(B) require an approval time of not more than 1 year 
     after the date of receipt of an application for a right-of-
     way; and
       ``(C) require, upon receipt of such an application, notice 
     to the applicant of a predictable timeline for consideration 
     of the application, that clearly delineates important 
     milestones in the process of such consideration.
       ``(4) State input.--
       ``(A) Requests authorized.--The Governor of a State may 
     submit requests to the Secretary of the Interior to designate 
     Corridors on Federal land in that State.
       ``(B) Consideration of requests.--After receiving such a 
     request, the Secretary shall respond in writing, within 30 
     days--
       ``(i) acknowledging receipt of the request; and
       ``(ii) setting forth a timeline in which the Secretary 
     shall grant, deny, or modify such request and state the 
     reasons for doing so.
       ``(5) Spatial distribution of corridors.--In implementing 
     this subsection, the Secretary shall coordinate with other 
     Federal Departments to--
       ``(A) minimize the proliferation of duplicative natural gas 
     pipeline rights-of-way on Federal lands where feasible;
       ``(B) ensure Corridors can connect effectively across 
     Federal lands; and
       ``(C) utilize input from utility and pipeline industries 
     submitting applications for rights-of-way to site corridors 
     in economically feasible areas that reduce impacts, to the 
     extent practicable, on local communities.
       ``(6) Not a major federal action.--Designation of a 
     Corridor under this subsection, and incorporation of 
     Corridors into agency plans under paragraph (1)(B), shall not 
     be treated as a major Federal action for purpose of section 
     102 of the National Environmental Policy Act of 1969 (42 
     U.S.C. 4332).
       ``(7) No limit on number or length of corridors.--Nothing 
     in this subsection limits the number or physical dimensions 
     of Corridors that the Secretary may designate under this 
     subsection.
       ``(8) Other authority not affected.--Nothing in this 
     subsection affects the authority of the Secretary to issue 
     rights-of-way on Federal land that is not located in a 
     Corridor designated under this subsection.

[[Page 19254]]

       ``(9) NEPA clarification.--All applications for rights-of-
     way for natural gas transmission facilities across Corridors 
     designated under this subsection shall be subject to the 
     environmental protections outlined in subsection (h).''.
       (b) Applications Received Before Designation of 
     Corridors.--Any application for a right-of-way under section 
     28 of the Mineral Leasing Act (30 U.S.C. 185) that is 
     received by the Secretary of the Interior before designation 
     of National Energy Security Corridors under the amendment 
     made by subsection (a) of this section shall be reviewed and 
     acted upon independently by the Secretary without regard to 
     the process for such designation.
       (c) Deadline.--Within 2 years after the date of the 
     enactment of this Act, the Secretary of the Interior shall 
     designate at least 10 National Energy Security Corridors 
     under the amendment made by subsection (a) in States referred 
     to in section 368(b) of the Energy Policy Act of 2005 (42 
     U.S.C. 15926(b)).

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

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

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

       ``(a) General Direction.--In order to enhance the 
     reliability of the electric grid and reduce the threat of 
     wildfires to and from electric transmission and distribution 
     rights-of-way and related facilities and adjacent property, 
     the Secretary, with respect to public lands and other lands 
     under the jurisdiction of the Secretary, and the Secretary of 
     Agriculture, with respect to National Forest System lands, 
     shall provide direction to ensure that all existing and 
     future rights-of-way, however established (including by 
     grant, special use authorization, and easement), for electric 
     transmission and distribution facilities on such lands 
     include provisions for utility vegetation management, 
     facility inspection, and operation and maintenance activities 
     that, while consistent with applicable law--
       ``(1) are developed in consultation with the holder of the 
     right-of-way;
       ``(2) enable the owner or operator of an electric 
     transmission and distribution facility to operate and 
     maintain the facility in good working order and to comply 
     with Federal, State, and local electric system reliability 
     and fire safety requirements, including reliability standards 
     established by the North American Electric Reliability 
     Corporation and plans to meet such reliability standards;
       ``(3) minimize the need for case-by-case or annual 
     approvals for--
       ``(A) routine vegetation management, facility inspection, 
     and operation and maintenance activities within existing 
     electric transmission and distribution rights-of-way; and
       ``(B) utility vegetation management activities that are 
     necessary to control hazard trees within or adjacent to 
     electric transmission and distribution rights-of-way; and
       ``(4) when review is required, provide for expedited review 
     and approval of utility vegetation management, facility 
     inspection, and operation and maintenance activities, 
     especially activities requiring prompt action to avoid an 
     adverse impact on human safety or electric reliability to 
     avoid fire hazards.
       ``(b) Vegetation Management, Facility Inspection, and 
     Operation and Maintenance Plans.--
       ``(1) Development and submission.--Consistent with 
     subsection (a), the Secretary and the Secretary of 
     Agriculture shall provide owners and operators of electric 
     transmission and distribution facilities located on lands 
     described in such subsection with the option to develop and 
     submit a vegetation management, facility inspection, and 
     operation and maintenance plan, that at each owner or 
     operator's discretion may cover some or all of the owner or 
     operator's electric transmission and distribution rights-of-
     way on Federal lands, for approval to the Secretary with 
     jurisdiction over the lands. A plan under this paragraph 
     shall enable the owner or operator of an electric 
     transmission and distribution facility, at a minimum, to 
     comply with applicable Federal, State, and local electric 
     system reliability and fire safety requirements, as provided 
     in subsection (a)(2). The Secretaries shall not have the 
     authority to modify those requirements.
       ``(2) Review and approval process.--The Secretary and the 
     Secretary of Agriculture shall jointly develop a consolidated 
     and coordinated process for review and approval of--
       ``(A) vegetation management, facility inspection, and 
     operation and maintenance plans submitted under paragraph (1) 
     that--
       ``(i) assures prompt review and approval not to exceed 90 
     days;
       ``(ii) includes timelines and benchmarks for agency 
     comments on submitted plans and final approval of such plans;
       ``(iii) is consistent with applicable law; and
       ``(iv) minimizes the costs of the process to the reviewing 
     agency and the entity submitting the plans; and
       ``(B) amendments to the plans in a prompt manner if changed 
     conditions necessitate a modification to a plan.
       ``(3) Notification.--The review and approval process under 
     paragraph (2) shall--
       ``(A) include notification by the agency of any changed 
     conditions that warrant a modification to a plan;
       ``(B) provide an opportunity for the owner or operator to 
     submit a proposed plan amendment to address directly the 
     changed condition; and
       ``(C) allow the owner or operator to continue to implement 
     those elements of the approved plan that do not directly and 
     adversely affect the condition precipitating the need for 
     modification.
       ``(4) Categorical exclusion process.--The Secretary and the 
     Secretary of Agriculture shall apply his or her categorical 
     exclusion process under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) to plans developed under 
     this subsection on existing electric transmission and 
     distribution rights-of-way under this subsection.
       ``(5) Implementation.--A plan approved under this 
     subsection shall become part of the authorization governing 
     the covered right-of-way and hazard trees adjacent to the 
     right-of-way. If a vegetation management plan is proposed for 
     an existing electric transmission and distribution facility 
     concurrent with the siting of a new electric transmission or 
     distribution facility, necessary reviews shall be completed 
     as part of the siting process or sooner. Once the plan is 
     approved, the owner or operator shall provide the agency with 
     only a notification of activities anticipated to be 
     undertaken in the coming year, a description of those 
     activities, and certification that the activities are in 
     accordance with the plan.
       ``(c) Response to Emergency Conditions.--If vegetation on 
     Federal lands within, or hazard trees on Federal lands 
     adjacent to, an electric transmission or distribution right-
     of-way granted by the Secretary or the Secretary of 
     Agriculture has contacted or is in imminent danger of 
     contacting one or more electric transmission or distribution 
     lines, the owner or operator of the electric transmission or 
     distribution lines--
       ``(1) may prune or remove the vegetation to avoid the 
     disruption of electric service and risk of fire; and
       ``(2) shall notify the appropriate local agent of the 
     relevant Secretary not later than 24 hours after such 
     removal.
       ``(d) Compliance With Applicable Reliability and Safety 
     Standards.--If vegetation on Federal lands within or adjacent 
     to an electric transmission or distribution right-of-way 
     under the jurisdiction of each Secretary does not meet 
     clearance requirements under standards established by the 
     North American Electric Reliability Corporation, or by State 
     and local authorities, and the Secretary having jurisdiction 
     over the lands has failed to act to allow an electric 
     transmission or distribution facility owner or operator to 
     conduct vegetation management activities within 3 business 
     days after receiving a request to allow such activities, the 
     owner or operator may, after notifying the Secretary, conduct 
     such vegetation management activities to meet those clearance 
     requirements.
       ``(e) Reporting Requirement.--The Secretary or Secretary of 
     Agriculture shall report requests and actions made under 
     subsections (c) and (d) annually on each Secretary's website.
       ``(f) Liability.--An owner or operator of an electric 
     transmission or distribution facility shall not be held 
     liable for wildfire damage, loss, or injury, including the 
     cost of fire suppression, if--
       ``(1) the Secretary or the Secretary of Agriculture fails 
     to allow the owner or operator to operate consistently with 
     an approved vegetation management, facility inspection, and 
     operation and maintenance plan on Federal lands under the 
     relevant Secretary's jurisdiction within or adjacent to a 
     right-of-way to comply with Federal, State, or local electric 
     system reliability and fire safety standards, including 
     standards established by the North American Electric 
     Reliability Corporation; or
       ``(2) the Secretary or the Secretary of Agriculture fails 
     to allow the owner or operator of the electric transmission 
     or distribution facility to perform appropriate vegetation 
     management activities in response to an identified hazard 
     tree, or a tree in imminent danger of contacting the owner's 
     or operator's electric transmission or distribution facility.
       ``(g) Training and Guidance.--In consultation with the 
     electric utility industry, the Secretary and the Secretary of 
     Agriculture are encouraged to develop a program to train 
     personnel of the Department of the Interior and the Forest 
     Service involved in vegetation management decisions relating 
     to electric transmission and distribution facilities to 
     ensure that such personnel--
       ``(1) understand electric system reliability and fire 
     safety requirements, including reliability standards 
     established by the North American Electric Reliability 
     Corporation;
       ``(2) assist owners and operators of electric transmission 
     and distribution facilities to

[[Page 19255]]

     comply with applicable electric reliability and fire safety 
     requirements; and
       ``(3) encourage and assist willing owners and operators of 
     electric transmission and distribution facilities to 
     incorporate on a voluntary basis vegetation management 
     practices to enhance habitats and forage for pollinators and 
     for other wildlife so long as the practices are compatible 
     with the integrated vegetation management practices necessary 
     for reliability and safety.
       ``(h) Implementation.--The Secretary and the Secretary of 
     Agriculture shall--
       ``(1) not later than one year after the date of the 
     enactment of this section, propose regulations, or amended 
     existing regulations, to implement this section; and
       ``(2) not later than two years after the date of the 
     enactment of this section, finalize regulations, or amended 
     existing regulations, to implement this section.
       ``(i) Existing Vegetation Management, Facility Inspection, 
     and Operation and Maintenance Plans.--Nothing in this section 
     requires an owner or operator to develop and submit a 
     vegetation management, facility inspection, and operation and 
     maintenance plan if one has already been approved by the 
     Secretary or Secretary of Agriculture before the date of the 
     enactment of this section.
       ``(j) Definitions.--In this section:
       ``(1) Hazard tree.--The term `hazard tree' means any tree 
     inside the right-of-way or located outside the right-of-way 
     that has been found by the either the owner or operator of an 
     electric transmission or distribution facility, or the 
     Secretary or the Secretary of Agriculture, to be likely to 
     fail and cause a high risk of injury, damage, or disruption 
     within 10 feet of an electric power line or related structure 
     if it fell.
       ``(2) Owner or operator.--The terms `owner' and `operator' 
     include contractors or other agents engaged by the owner or 
     operator of an electric transmission and distribution 
     facility.
       ``(3) Vegetation management, facility inspection, and 
     operation and maintenance plan.--The term `vegetation 
     management, facility inspection, and operation and 
     maintenance plan' means a plan that--
       ``(A) is prepared by the owner or operator of one or more 
     electric transmission or distribution facilities to cover one 
     or more electric transmission and distribution rights-of-way; 
     and
       ``(B) provides for the long-term, cost-effective, 
     efficient, and timely management of facilities and vegetation 
     within the width of the right-of-way and adjacent Federal 
     lands to enhance electric reliability, promote public safety, 
     and avoid fire hazards.''.
       (b) Clerical Amendment.--The table of sections for the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1761 et seq.), is amended by inserting after the item 
     relating to section 511 the following new item:

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

                        CHAPTER 4--AUTHORIZATION

     SEC. 3261 AUTHORIZATION.

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

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


                              {time}  1545

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

[[Page 19256]]

industry game the system and increase its profit at the expense of the 
American people. Mr. Chairman, this bill is a sham, and it will 
actually take the Nation's energy policy backwards, all the way back.
  Mr. Chairman, the 21st Century Workforce amendment represented a win 
for industry, a win for our communities, and a win for Americans all. 
Deleting this very provision that was unanimously approved in committee 
speaks volumes about the majority's commitment to minorities, to women, 
and to veterans. This bill, H.R. 8, leaves women behind, it leaves 
minorities behind, it leaves veterans behind, it leaves low-income 
communities behind, and it leaves America behind.
  Mr. Chairman, for this reason, I oppose the bill.
  I yield back the balance of my time.
  Mr. UPTON. Mr. Chairman, I ask for a favorable vote on the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Upton).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. RUSH. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Michigan 
will be postponed.


                  Amendment No. 2 Offered by Mr. Tonko

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

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

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

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

  We are building new pipelines. There is no problem that needs fixing. 
So what evidence is there that the certification process needs to be 
further tilted in favor of pipeline companies at the expense of 
environmental review and public comment? I would say there isn't any. 
Yet, Mr. Chairman, this section would require FERC to decide on a 
pipeline application within 90 days after the Commission issues its 
final environmental document, regardless of the complexity of the 
application.
  It would also allow FERC to consider environmental data collected by 
aerial or other remote surveys instead of onsite inspections. This 
would enable pipeline companies to circumvent property owners' rights 
when surveying land, all in hopes of speeding up projects.
  The siting of natural gas pipelines is complicated and can be 
controversial. I know this well since there are a number of projects 
currently being developed in or near the district I represent. I hear 
from my constituents about these projects regularly. They are very 
concerned, and they feel like they are being left out of this process. 
They are concerned about the safety and about the noise, air, and water 
pollution from the construction and operation of the pipeline's 
associated facilities. The pipeline companies do not have a problem. 
The public does.
  We know that these types of projects, no matter how beneficial to the 
public interest, can be controversial. Someone is always unhappy about 
the selected route or placement of these facilities. But we need to do 
a better job of bringing the public along, and these provisions do the 
opposite.
  Mr. Chairman, the public has a right to be part of large projects 
that impact their communities. Does that take extra time? Yes. Is it 
less convenient for the company? Yes. But these pipelines will be in 
service for many decades. If it is worth doing, it is worth doing 
right. So I see no reason why we should be expediting projects if we 
cannot be sure they can be built in a safe and environmentally friendly 
manner.
  We need to ensure State and Federal regulators are given the time 
needed to carefully review applications for the construction of natural 
gas pipelines and to ensure that the landowners and the general public 
have the ability to participate meaningfully in the siting process. 
This section undermines that process.
  I urge support of the amendment.
  Mr. Chairman, I yield the balance of my time to the gentlewoman from 
New Jersey (Mrs. Watson Coleman) for a brief statement.
  Mrs. WATSON COLEMAN. Mr. Chairman, I thank the gentleman from New 
York for yielding to me.
  Mr. Chairman, I rise in strong support of the Tonko amendment and 
strongly urge its adoption.
  Section 1101 of this misguided energy bill includes a critical 
provision that I would like to highlight. This language would allow big 
energy companies to use aerial and remote surveying to circumvent key 
FERC environmental reviews.
  This troubling provision flies in the face of the rights of local 
governments and even private landowners to make decisions about the use 
of their own property. This provision allows Big Energy to bypass more 
comprehensive and appropriate on-the-ground surveys to assess the 
environmental impacts of energy infrastructure.
  Mr. Chairman, there is one such project that New Jerseyans know all 
too well--the PennEast pipeline. PennEast is the proposed 108-mile 
natural gas pipeline that would run from Pennsylvania, across the 
Delaware River, and terminate in Hopewell Township in my district. If 
built, this pipeline would threaten some of the most environmentally 
sensitive areas in the Delaware River Basin, farmland, watersheds, and 
uninterrupted natural areas.
  Virtually every local government along the PennEast route has 
officially lodged their opposition or disapproval. Concerned citizens 
have packed scoping meetings to make their voices heard to stop this 
pipeline. These are diverse communities across two States represented 
by Members of Congress on both sides of the aisle. Areas I represent, 
like Mercer County and Hopewell, and scores of private property owners 
have exercised their right to deny PennEast access to their property to 
carry out their surveys.
  Mr. Chairman, my constituents sent me to Congress to fight for the 
environment and to stand up against ill-conceived projects such as this 
one.
  Mr. TONKO. I yield back the balance of my time.
  Mr. UPTON. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Michigan is recognized for 5 
minutes.

[[Page 19257]]


  Mr. UPTON. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I oppose this amendment. Section 1101 makes important 
improvements to FERC's process for reviewing interstate natural gas 
pipelines.
  As we all know, the demand for natural gas is growing, which requires 
new and modernized pipeline infrastructure. It has got to happen.
  Unfortunately, the permitting process is becoming increasingly 
complex and challenging. Rate hikes hit the families and businesses 
that can least afford it the hardest, the most vulnerable. So we have 
worked very diligently to find some agreement on this provision. We 
have held hearings, received technical assistance from FERC, and 
accepted many of their recommendations.
  Section 1101 would authorize concurrent permitting reviews, require 
more transparency through the process, and allow for the use of new 
survey technology for citing pipelines.
  Just yesterday, Mr. Chairman, in a hearing before the House Energy 
and Commerce Committee, FERC Chairman Bay acknowledged the need for new 
pipeline capacity and signaled his support for the enhanced 
transparency provisions and the regulatory dashboard that is required 
by section 1101.
  So this amendment, if passed, would strike a commonsense approach to 
introduce greater public transparency and accountability for Federal 
and State permitting agencies, and therefore I would ask for a ``no'' 
vote on the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Ms. McCOLLUM. Mr. Chair, I rise in opposition of The North American 
Energy Security and Infrastructure Act (H.R. 8). This bill would 
reverse America's progress on energy efficiency and energy security. In 
a time when we need a forward-looking comprehensive energy policy that 
preserves the environment and provides sustainable energy to American 
consumers, we cannot afford to reverse course.
  The North American Energy Security and Infrastructure Act would 
cripple ongoing efforts to curb energy use and promote energy 
efficiency. This bill removes the effective provisions of the Energy 
Independence and Security Act of 2007 which require federal buildings 
to reduce fossil fuel-generated energy. Additionally this bill would 
make it much harder for the Department of Energy to provide assistance 
for building code development at the national, state, and local level.
  Instead of making needed investments in our energy infrastructure, 
H.R. 8 continues to protect big oil and gas companies by attacking 
newer environmental standards and procedures. Section 1101 of this bill 
makes extremely hazardous changes to the Federal Energy Regulatory 
Commission natural gas pipeline permitting process undermining 
environmental protections and land owners' rights. This section would 
force FERC to decide on pipeline applications within 90 days even in 
cases of extremely complex proposed projects. Additionally, it would 
undermine land owners' rights by allowing oil and gas companies to use 
aerial or remote surveys for environmental data instead of actual 
surveying the land.
  As the Ranking Member of the House Appropriations Subcommittee on the 
Interior, Environment, and Related Agencies, I am disappointed that 
H.R. 8 would make it easier for oil and gas companies to get approval 
for pipelines through our nation's most treasured areas, our national 
parks. It also threatens protections in the Endangered Species Act, the 
Clean Water Act, and the Federal Power Act by allowing the Federal 
Energy Regulatory Commission to override conditions placed on 
hydropower project licenses by state and federal agencies that serve to 
protect wildlife from the potential impacts.
  President Obama has stated that he will veto this legislation should 
it come to his desk because H.R. 8 sidesteps important environmental 
procedures and actually increases energy consumption and consumer 
costs. According to the American Council for an Energy-Efficient 
Economy, H.R. 8 would actually cost American citizens nearly $20 
billion dollars through 2040. Instead of this misguided legislation, I 
support President Obama's ``All-of-the-Above'' energy strategy for our 
country which includes a combination of fossil fuels, renewable energy, 
and energy efficiency.
  I am committed to advancing America's energy policy by moving away 
from depending on fossil fuels and towards clean and renewable sources 
of energy. For these reasons, I will vote against the backward path of 
H.R. 8, The North American Energy Security and Infrastructure Act.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Tonko).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. TONKO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New York 
will be postponed.


                 Amendment No. 3 Offered by Mr. Peters

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

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

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

                              {time}  1600

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

[[Page 19258]]

  

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


            Amendment No. 4 Offered by Mr. Franks of Arizona

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

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

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

[[Page 19259]]

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


                Amendment No. 5 Offered by Mr. Poliquin

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

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

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

[[Page 19260]]

one, because what it does is it puts all fuel sources on a level 
playing field, able to compete in the market, such that biomass--a 
green, renewable, environmentally friendly, homegrown source of fuel 
for our electric generators--is not penalized.
  This is good for the economy, Mr. Chairman. It is good for job 
creation. It strengthens our national security because it diversifies 
the fuel sources that we need to fuel and power our electric generators 
that are used in creating jobs and creating products throughout our 
country.
  As a result, Mr. Chairman, I ask everybody in this Chamber, 
Republicans and Democrats, today to support this commonsense amendment 
to help our State, to help our country, to help our economy, and to 
help our families live better lives.

                              {time}  1615

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


                 Amendment No. 6 Offered by Mr. Veasey

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

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

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


                Amendment No. 7 Offered by Mr. McKinley

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

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

     SEC. 1111. ETHANE STORAGE STUDY.

       (a) In General.--The Secretary of Energy and the Secretary 
     of Commerce, in consultation with other relevant agencies and 
     stakeholders, shall conduct a study on the feasibility of 
     establishing an ethane storage and distribution hub in the 
     United States.

[[Page 19261]]

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

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


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

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

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

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

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman 
from North Carolina (Mrs. Ellmers) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from North Carolina.
  Mrs. ELLMERS of North Carolina. Mr. Chairman, I rise today in support 
of this bipartisan amendment.
  I join my colleague, Congressman Jerry McNerney of California. 
Together, we chair the Grid Innovation Caucus with the belief that we 
need to have a bold and ambitious vision for modernizing our Nation's 
electric grid.
  Our current electric infrastructure resembles that of the original 
grid built over 100 years ago. New technology has given us the 
opportunity to transform a 20th century grid into a 21st century grid, 
and my home State of North Carolina is helping to lead the way. In 
fact, North Carolina is the second-leading State in grid innovation 
technology development behind California.

[[Page 19262]]

  There is a need to bring our electric grid and the entire electric 
system up to date in order to meet the changing demands of our digital 
economy. This amendment is simply a statement of policy and a blueprint 
for what we want our future grid to consist of and how we want it to 
perform. By adopting this amendment, we begin to develop a concrete 
plan to further secure our grid.
  This is a conversation that needs to happen now, and this energy 
package moves the debate forward. Technology has given us the ability 
to further secure our grid from physical and cyber threats as well as 
increase the efficiency, reliability, and redundancy of this vital 
component.
  I urge my colleagues to vote ``yes'' on this amendment.
  Mr. Chairman, I yield 3 minutes to the gentleman from California (Mr. 
McNerney).
  Mr. McNERNEY. Mr. Chairman, I thank my colleague from North Carolina 
for yielding and for her work on the Grid Innovation Caucus, which is 
one example of bipartisan cooperation for the good of the Nation.
  I also join my colleague Mrs. Ellmers in offering this bipartisan 
amendment, which would establish a statement on grid modernization 
policy. This will establish a clear vision to achieve the future grid.
  The grid is the core of our Nation's effort to transition to clean 
energy sources. That said, our current electric grid has much the same 
technology that was in place for the last 100 years. We need to improve 
and upgrade the grid to meet the 21st century demands and the demands 
of the digital economy.
  The future grid must be reliable, secure, resilient, and affordable 
while integrating a range of resources and devices, including 
intermittent renewable energy, storage, and electric vehicles.
  Having a national grid modernization policy, or vision, will help 
achieve these objectives while maintaining the secure, safe, reliable, 
and affordable power for which our Nation is known.
  I thank my colleague, who is the cochair of the Grid Innovation 
Caucus, and I urge a ``yes'' vote on the amendment.
  Mr. UPTON. Mr. Chairman, I claim the time in opposition to the 
gentlewoman's amendment.
  The Acting CHAIR. The gentleman from Michigan is recognized for 5 
minutes.
  Mr. UPTON. Mr. Chairman, I support the amendment, and I congratulate 
the two on its being a bipartisan amendment. This makes a strong policy 
on grid modernization. I appreciate their work, and I urge my 
colleagues to support it.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from North Carolina (Mrs. Ellmers).
  The amendment was agreed to.

                              {time}  1630


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

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

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

     SEC. 11__. GRID RESILIENCE REPORT.

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

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


                         GRID RESILIENCE REPORT

  Not later than 120 days after the date of enactment of this Act, the 
Secretary of Energy shall submit to Congress a report on methods to 
increase electric grid resilience with respect to all threats, 
including cyber attacks, vandalism, terrorism, and severe weather.
  According to a Department of Energy Report on the Economic Benefits 
of Increasing Electric Grid Resilience, the electrical grid in

[[Page 19263]]

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

  Ms. JACKSON LEE. Mr. Chairman, let me conclude by simply saying I

[[Page 19264]]

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


                 Amendment No. 10 Offered by Mr. Kildee

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

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

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

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from Michigan (Mr. Kildee) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. KILDEE. Mr. Chair, the National Response Center is a joint 
operation between the U.S. Coast Guard, the EPA, and other agencies. It 
is the sole Federal point of contact for reporting hazardous substance 
releases and oil spills.
  Essentially, it is our Nation's 911 for dangerous spills, staffed by 
the Coast Guard 24 hours a day, passing on reports to relevant national 
response teams.
  Those teams then go to the site of a spill, assess the situation, 
determine the best way to mitigate exposure, and quickly clean up the 
spill. Often it is the Coast Guard being called upon to clean up a 
spill when it involves surface water.
  Back in March I visited a Coast Guard station in my district to learn 
more about their operations. While I was there, we talked quite a bit 
about a serious deficiency in their capabilities, a deficiency that 
came to light during one of the greatest environmental disasters that 
our State has faced, and the chairman is quite aware of this.
  In 2010, there was a large spill on the Kalamazoo River. It was the 
largest inland oil spill in the history of the U.S., in fact. The Coast 
Guard was called upon to help with those cleanup efforts.
  When they arrived, however, they learned that the equipment that they 
had brought to the spill was for one type of oil--the oil that they 
believed to have been involved in this particular incident--but the oil 
in the Kalamazoo River was an entirely different type and consistency 
than what they had expected, and it required a different cleanup 
method.
  Valuable time was lost as the Coast Guard actually had to return back 
to their station, hours away, to get the right equipment. Meanwhile, 
this spill continued into this river.
  The terrible scope of the spill could have been much more easily 
mitigated had the National Response Center possessed the basic 
information regarding the contents of that particular pipeline so they 
could pass the information on to the Coast Guard to address the spill 
when it occurred.
  Currently, these response teams are often flying blind as they head 
out to spills. Without this important information, the likelihood of 
much more serious damage, such as what we saw in 2010 in the Kalamazoo 
River, is much higher.
  So I have been talking with lots of folks, including the people 
within the Coast Guard, about ways to improve their ability to address 
and respond to this type of spill.
  The amendment that I have offered would simply require the GAO to 
conduct a study of ways in which the capabilities of the National 
Response Center could be improved, including providing additional 
information on the contents of these pipelines.
  It would be an independent study that could then guide policymakers 
in improving the National Response Center, providing them the tools 
they need in the 21st century.
  The National Response Center receives over 6,000 calls per year 
across the country on all different sorts of spills. Giving the 
National Response Center the tools they need in order to respond to 
these incidents as quickly as possible with the right information is 
critical not only to protecting public health, but in preventing long-
term damage to the environment.
  Of course, coming from Michigan--in the district that I represent, 
the Great Lakes, I have 77 miles of shoreline--we are particularly 
concerned about surface water spills, and this information is 
absolutely critical. Forty million people depend on the Great Lakes for 
drinking water. We want to ensure that those who are charged with 
responding to accidents, such as the one we saw in Michigan, have all 
the information and tools available to them.
  I ask my colleagues to support this amendment.
  I reserve the balance of my time.
  Mr. UPTON. Mr. Chairman, I claim the time in opposition.
  The Acting CHAIR. The gentleman from Michigan is recognized for 5 
minutes.
  Mr. UPTON. Mr. Chair, I support the amendment. I want to say to my 
friend from the great State of Michigan that this is obviously an issue 
that is close to both of our hearts.
  I want to go back. When I was first elected a few years ago, one of 
the first bills that I saw enacted into law was an oil spill response 
team for the Great Lakes. It was actually a visit, I think, now to your 
district, Bay City, back then, which had a fairly significant oil 
spill. We found out that the Coast Guard was totally unprepared. My 
amendment was added, I want to say, to a highway bill to get it done.
  When we had the oil spill on the Kalamazoo River in Calhoun County a 
few years ago, we looked at that. We actually passed the Upton-
Dingell--not the Debbie Dingell, but the John Dingell--bill on pipeline 
safety, which I want to say passed this body with more than 400 votes.
  It did a lot of good things, including one that was very important, 
which was, when there is an oil spill, it had to be reported to PHMSA 
within an hour versus on a timely basis. That was a big change.
  Now that we expect the passage tomorrow of the highway bill, Chairman 
Shuster and myself will be working again to reauthorize the pipeline 
safety bill. I am led to believe that we will be prepared to start 
early next year to bring a bill to the floor. I look forward to your 
support.

                              {time}  1645

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


               Amendment No. 12 Offered by Mr. Garamendi

  The Acting CHAIR. It is now in order to consider amendment No. 12 
printed in House Report 114-359.
  Mr. GARAMENDI. Mr. Chairman, I have an amendment at the desk.

[[Page 19265]]

  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from California (Mr. Garamendi) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from California.
  Mr. GARAMENDI. Mr. Chairman, I am trying to figure out who would be 
opposed to this amendment, so maybe I will just talk my few minutes and 
go from there.
  The bill deals with energy, and I am trying to figure out, let's see, 
energy that goes along in wires would be electrical energy. If it is 
coal, it is probably on a truck or a train. If it is oil or gas, it is 
on a pipeline or maybe in a truck, maybe in a boat or barge.
  But this bill doesn't speak to the transportation of energy, so this 
amendment is extraordinarily important because it really says that, if 
you are going to study energy, you better study how you are going to 
get it to wherever it needs to go. This amendment, being such an 
important amendment, and so long--let's see, transportation. Wow, not 
even 15 letters. That is all it does. It simply adds the word 
``transportation'' to the study section of this bill, requiring the 
Department of Energy, as it studies energy, to study how it gets from 
here to there. That is it.
  Now, I can go on for another 4 minutes or so, but after doing so, it 
won't make any difference because we really need to study energy and 
figure out how it gets to where it needs to go. That is the amendment. 
Add the word ``transportation'' in it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. UPTON. Mr. Chairman, I claim the time in opposition but speak in 
support of the amendment.
  The Acting CHAIR. Without objection, the gentleman from Michigan is 
recognized for 5 minutes.
  There was no objection.
  Mr. UPTON. Mr. Chairman, this amendment adds inclusion of the energy 
transportation to the list of considerations for the energy security 
valuation report. Section 3002 requires the Secretary of Energy to 
establish transparent and uniform procedures and criteria to ensure 
that energy-related actions that significantly affect the supply, 
distribution, or use of energy are evaluated with respect to their 
potential impact on energy security, including their impact on the 
consumer and the economy and energy supply and diversity.
  I think it is a good amendment. I urge my colleagues to support it.
  Mr. Chairman, I yield back the balance of my time.
  Mr. GARAMENDI. Mr. Chairman, I came in prepared for a brawl, and all 
I get is acceptance of an amendment. I think I will go with that and 
say thank you, Mr. Chairman, for the extraordinary wisdom that 
apparently we both seem to have.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Garamendi).
  The amendment was agreed to.


                Amendment No. 13 Offered by Mr. McKinley

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

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

     SEC. 3007. ENVIRONMENTAL REVIEW FOR ENERGY EXPORT FACILITIES.

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

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

[[Page 19266]]

rights because, quite frankly, the Crow Tribe in Montana has treaty 
rights, too. This is not to pit one poor nation against a rich nation. 
It is about simple fairness.
  It would be unprecedented for the Army Corps of Engineers or any 
government body to give judgment before the process is complete, and 
that is what we are asking for. The EIS is the process that needs to be 
done.
  Mr. McKINLEY. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from West Virginia (Mr. McKinley).
  The amendment was agreed to.


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

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

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

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

       (a) Finding.--Congress finds that the United States should 
     establish a more uniform, transparent, and modern process for 
     the construction, connection, operation, and maintenance of 
     pipelines and electric transmission facilities for the import 
     and export of liquid products, including water and petroleum, 
     and natural gas and the transmission of electricity to and 
     from Canada and Mexico.
       (b) Authorization of Certain Infrastructure Projects at the 
     National Boundary of the United States.--
       (1) Requirement.--No person may construct, connect, 
     operate, or maintain a cross-border segment of a pipeline or 
     electric transmission facility for the import or export of 
     liquid products or natural gas, or the transmission of 
     electricity, to or from Canada or Mexico without obtaining a 
     certificate of crossing for such construction, connection, 
     operation, or maintenance under this subsection.
       (2) Certificate of crossing.--
       (A) Issuance.--
       (i) In general.--Not later than 120 days after final action 
     is taken under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) with respect to a cross-border 
     segment described in paragraph (1), the relevant official 
     identified under subparagraph (B), in consultation with 
     appropriate Federal agencies, shall issue a certificate of 
     crossing for the cross-border segment unless the relevant 
     official finds that the construction, connection, operation, 
     or maintenance of the cross-border segment is not in the 
     public interest of the United States.
       (ii) Natural gas.--For the purposes of natural gas 
     pipelines, a finding with respect to the public interest 
     under section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) 
     shall serve as a finding under clause (i) of this 
     subparagraph.
       (B) Relevant official.--The relevant official referred to 
     in subparagraph (A) is--
       (i) the Secretary of State with respect to liquid 
     pipelines;
       (ii) the Federal Energy Regulatory Commission with respect 
     to natural gas pipelines; and
       (iii) the Secretary of Energy with respect to electric 
     transmission facilities.
       (C) Additional requirement for electric transmission 
     facilities.--The Secretary of Energy shall require, as a 
     condition of issuing a certificate of crossing for an 
     electric transmission facility, that the cross-border segment 
     be constructed, connected, operated, or maintained consistent 
     with all applicable policies and standards of--
       (i) the Electric Reliability Organization and the 
     applicable regional entity; and
       (ii) any Regional Transmission Organization or Independent 
     System Operator with operational or functional control over 
     the cross-border segment of the electric transmission 
     facility.
       (3) Modifications to existing projects.--No certificate of 
     crossing shall be required under this subsection for a change 
     in ownership, volume expansion, downstream or upstream 
     interconnection, or adjustment to maintain flow (such as a 
     reduction or increase in the number of pump or compressor 
     stations) with respect to a liquid or natural gas pipeline or 
     electric transmission facility unless such modification would 
     result in a significant impact at the national boundary.
       (4) Effect of other laws.--Nothing in this subsection shall 
     affect the application of any other Federal statute 
     (including the Natural Gas Act and the Energy Policy and 
     Conservation Act) to a project for which a certificate of 
     crossing is sought under this subsection.
       (c) Importation or Exportation of Natural Gas to Canada and 
     Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 
     717b(c)) is amended by adding at the end the following: ``In 
     the case of an application for the importation or exportation 
     of natural gas to or from Canada or Mexico, the Commission 
     shall grant the application not later than 30 days after the 
     date of receipt of the complete application.''.
       (d) Transmission of Electric Energy to Canada and Mexico.--
       (1) Repeal of requirement to secure order.--Section 202(e) 
     of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
       (2) Conforming amendments.--
       (A) State regulations.--Section 202(f) of the Federal Power 
     Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as 
     such State regulation does not conflict with the exercise of 
     the Commission's powers under or relating to subsection 
     202(e)''.
       (B) Seasonal diversity electricity exchange.--Section 
     602(b) of the Public Utility Regulatory Policies Act of 1978 
     (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission 
     has conducted hearings and made the findings required under 
     section 202(e) of the Federal Power Act'' and all that 
     follows through the period at the end and inserting ``the 
     Secretary has conducted hearings and finds that the proposed 
     transmission facilities would not impair the sufficiency of 
     electric supply within the United States or would not impede 
     or tend to impede the coordination in the public interest of 
     facilities subject to the jurisdiction of the Secretary''.
       (e) Effective Date; Rulemaking Deadlines.--
       (1) Effective date.--Subsections (b) through (d), and the 
     amendments made by such subsections, shall take effect on 
     January 20, 2017.
       (2) Rulemaking deadlines.--Each relevant official described 
     in subsection (b)(2)(B) shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, publish in the Federal Register notice of a 
     proposed rulemaking to carry out the applicable requirements 
     of subsection (b); and
       (B) not later than 1 year after the date of enactment of 
     this Act, publish in the Federal Register a final rule to 
     carry out the applicable requirements of subsection (b).
       (f) Definitions.--In this section--
       (1) the term ``cross-border segment'' means the portion of 
     a liquid or natural gas pipeline or electric transmission 
     facility that is located at the national boundary of the 
     United States with either Canada or Mexico;
       (2) the terms ``Electric Reliability Organization'' and 
     ``regional entity'' have the meanings given those terms in 
     section 215 of the Federal Power Act (16 U.S.C. 824o);
       (3) the terms ``Independent System Operator'' and 
     ``Regional Transmission Organization'' have the meanings 
     given those terms in section 3 of the Federal Power Act (16 
     U.S.C. 796);
       (4) the term ``liquid'' includes water, petroleum, 
     petroleum product, and any other substance that flows through 
     a pipeline other than natural gas; and
       (5) the term ``natural gas'' has the meaning given that 
     term in section 2 of the Natural Gas Act (15 U.S.C. 717a).

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from Texas (Mr. Gene Green) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. GENE GREEN of Texas. I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of an amendment that would create 
regulatory certainty with our neighbors, Canada and Mexico.
  The Presidential permitting process dates back many administrations. 
Beginning in the administration of Ulysses S. Grant, the executive 
branch has taken steps to ensure our cross-border infrastructure 
between Canada and Mexico was constructed.
  These past administrations and, indeed, the current administration 
have been forced to use executive orders because Congress has failed to 
act. Congress has a duty to regulate the commerce of the United States, 
and cross-border energy infrastructure projects fall well within that 
space.
  We need to create a system with our neighbors, Mexico and Canada, to 
truly create a North American energy market, and that is what this 
amendment would do. We can't build infrastructure in this country or in 
this continent based on who sits in the White House.
  There are 11 cross-border projects awaiting a decision now by the 
Department of State and the President, including electricity wires and 
water pipelines.
  It is Congress' responsibility to create regulatory rules by which 
infrastructure is constructed. As a reminder of this, tomorrow we will 
pass the conference report to the FAST Act. The

[[Page 19267]]

FAST Act is a multiyear transportation bill that shows our 
determination to build infrastructure for the 21st century. Now we must 
build on that success and focus on our energy infrastructure.
  This amendment would create a regulatory process at the Department of 
State, Department of Energy, and the Federal Energy Regulatory 
Commission to permit cross-border infrastructure. This is no different 
than building roads, bridges, or railways.
  The Department of Transportation coordinates with Federal, State, and 
local agencies to ensure the project is completed and the environment 
protected. We will do the same thing with pipes and wires. We need to 
build electric transmission lines and pipelines to move resources from 
where they are to where they are needed.
  The amendment complies with the National Environmental Policy Act and 
requires a full environmental review of any cross-border facility, 
including analysis of the climate change impacts. The entire length of 
the pipeline or electric transmission line will be reviewed for 
environmental impacts.
  This amendment is about the future and how to meet the 21st century 
demands that our country needs. We should embrace the changes taking 
place in North America and harmonize our policies with those of our 
neighbors both to the north and south.
  Mr. Chairman, I reserve the balance of my time.
  Mr. PALLONE. Mr. Chairman, I claim the time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. PALLONE. Mr. Chairman, this amendment makes an end run around the 
National Environmental Policy Act. The amendment would simply eliminate 
any meaningful review of the environmental impact of large trans-
boundary infrastructure projects by redefining and significantly 
narrowing the scope of NEPA's environmental review.
  While a traditional NEPA review looks at the impacts of an entire 
project, this amendment restricts NEPA review only to that small 
portion that physically crosses the border, and that defies common 
sense. We are talking about massive projects that are more than just at 
border crossing.
  When we approve a trans-boundary pipeline or transmission line, we 
are approving multibillion-dollar infrastructures that may stretch 
hundreds of miles and will last for decades. They cross through private 
property, water bodies, farms, sensitive lands, and over aquifers. They 
carry substances that can catch fire or spill and pollute the 
environment, and they have profound implications for climate change.
  To understand the potential environmental impact of an energy 
project, we need to look at the project as a whole. To ignore the 
potential environmental or safety risks for every part of the project 
except the tiny sliver of land at the national boundary makes no sense.
  Imagine going to the doctor if you are feeling sick, and the doctor 
gives you a clean bill of health after looking only at your elbow. That 
is what this amendment does by redefining the scope of NEPA's inquiry 
to only encompass the step across the border. It makes the process of 
environmental review essentially meaningless, and no meaningful review 
means no opportunity to mitigate potential harm to public health, 
public safety, or the environment.
  Mr. Chairman, NEPA provides policymakers with a critical tool to 
understand potential impacts and consider lower impact alternatives. 
NEPA doesn't dictate the outcome or, by itself, impose any constraints 
on projects.

                              {time}  1700

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


                 Amendment No. 16 Offered by Mr. Takano

  The Acting CHAIR. It is now in order to consider amendment No. 16 
printed in House Report 114-359.
  Mr. TAKANO. Mr. Chairman, I have an amendment at the desk.

[[Page 19268]]

  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

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

     SEC. 4114. BATTERY STORAGE REPORT.

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from California (Mr. Takano) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. TAKANO. Mr. Chairman, I rise today in support of this bipartisan 
amendment which brings us one step closer to realizing the enormous 
potential of battery energy storage.
  This technology is capable of transforming our energy landscape by 
storing power in times of excess production and releasing power in 
times of excess demand. It can make our grid more reliable and secure. 
It can save consumers money by replacing costly gas-powered peaker 
stations.
  And, perhaps most importantly, it is compatible with any source of 
energy. Its compatibility with multiple power sources means we aren't 
picking winners and losers. Rather, we are increasing our capacity to 
use all sources of energy.
  Battery energy storage is particularly promising in its ability to 
unlock the power of renewables, leading to a cleaner, more sustainable 
energy portfolio.
  Even as the cost of renewable energy sources drops closer to that of 
fossil fuels, the viability of wind and solar power is limited by 
inconsistency. Put simply, the wind doesn't always blow and the sun 
doesn't always shine. Battery energy storage offers a solution to this 
challenge.
  This week at the climate summit in Paris, we have heard about the 
importance of innovation in reaching our environmental goals. Battery 
storage is exactly the type of revolutionary technology that will help 
get us there, creating new jobs and economic growth in the process.
  A GAO report on large-scale battery storage will help us make 
informed decisions about accelerating its growth while signaling our 
commitment to supporting the next chapter in America's energy 
infrastructure.
  I am thankful to be joined by Mr. Collins of New York as well as my 
good friend Mr. Honda of California.
  Mr. Chairman, I reserve the balance of my time.
  Mr. UPTON. Mr. Chairman, I claim the time in opposition, although I 
am not opposed to the amendment.
  The Acting CHAIR. Without objection, the gentleman from Michigan is 
recognized for 5 minutes.
  There was no objection.
  Mr. UPTON. Mr. Chairman, I support the amendment.
  I would note Mr. Collins is a member of our committee. He is a 
cosponsor of the amendment.
  It is a good amendment. It needs to be included as part of this. I 
would urge my colleagues to vote ``yes.''
  Mr. Chairman, I yield back the balance of my time.
  Mr. TAKANO. I thank the chairman for supporting this bipartisan 
amendment. I am honored to have that support. I encourage its adoption.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Takano).
  The amendment was agreed to.


                 Amendment No. 17 Offered by Mr. Beyer

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

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from Virginia (Mr. Beyer) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. BEYER. Mr. Chair, I yield myself such time as I may consume.
  Mr. Chair, my amendment preserves section 433.
  H.R. 8, the North American Energy Security and Infrastructure Act, 
deliberately removes the energy usage goals for Federal buildings.
  In 2007, under the Energy Independence and Security Act, our last 
energy infrastructure overhaul bill, a provision was included that set 
a goal for new Federal buildings to have net-zero energy usage by 2030. 
This naturally also meant the Federal Government would have a 
corresponding goal of reducing fossil-fuel-generated electricity 
consumption in its buildings.
  This provision was forward-thinking. The Federal Government will lead 
by example in the transition to less-polluting buildings and show what 
the next generation of infrastructure should look like.
  Now is not the time to roll back this goal and abandon our 
leadership. When people mention how H.R. 8 would take us back to a 19th 
century economy, this is one clear example they can point to.
  Commercial and residential buildings account for 39 percent of the 
Nation's carbon emissions. To ignore this source of pollution at a time 
when we are trying to keep temperatures from rising less than 2 degrees 
centigrade isn't just negligent, it ignores our responsibility to be a 
good steward of the Earth and leave it in good condition for 
generations to come.
  With the Federal Government as the largest consumer of energy in the 
U.S., we must be the leader. This effort is under attack because of 
outdated feasibility concerns--concerns which have already been 
addressed. Last year, the Department of Energy proposed a rule that 
charts a path forward to reach the 2030 goal that is both technically 
possible and plausible.
  I also want to address some myths about section 433. Some have 
characterized it as ``a ban on the Federal Government using energy from 
fossil fuel,'' but the law does no such thing. In fact, at no point 
does this provision in the current law require zero fossil fuel use for 
any building designed or renovated before 2030.
  And despite objections from my friends at the American Gas 
Association, the Department of Energy actually proposed carve-outs for 
onsite natural gas usage in highly efficient combined heat and power 
systems. Natural gas may actually be an important part of the solution 
of getting to net-zero energy usage.
  Requiring Federal buildings to meet aggressive energy targets not 
only reduces taxpayer costs through energy savings, it also reduces our 
dependence on foreign oil and leverages the government's large 
purchasing power to bring new technologies and materials to the 
marketplace. If we eliminate section 433, it could cost American 
consumers $700 million in savings over the next 25 years.
  According to the American Institute of Architects, not only are the 
current targets achievable, but some buildings are already meeting the 
2030 goals

[[Page 19269]]

right now. The EU has adopted a similar goal but with a shorter time 
horizon.
  Mr. Chair, during my 4 years in Switzerland, we cut the carbon 
footprint of the U.S. Embassy in half and reduced the carbon footprint 
of our home to zero.
  In 2013, Walgreens opened a net-zero energy retail space in Evanston, 
Illinois. In 2015, a True Value hardware store was the first net-zero 
retail store in New York State.
  Within the Federal Government, our military has also taken a lead on 
this important effort and used the goal as a means to reduce costs and 
increase energy security. From 2007 to 2013, the Federal Government 
reduced its annual energy usage by 7 percent while we continue to grow.
  We must continue to encourage these energy reduction efforts. We 
learned a long time ago in business that if we don't have a goal we 
never get there. We have to have a target that we can all work to meet.
  I urge my colleagues to support my amendment to reinstate the energy 
usage goals for Federal buildings.
  Mr. Chairman, I yield back the balance of my time.
  Mr. WHITFIELD. Mr. Speaker, I claim the time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Kentucky is recognized for 5 
minutes.
  Mr. WHITFIELD. Mr. Chairman, with all due regard to the gentleman who 
is offering this amendment, I rise to oppose the amendment, which would 
reinstate the provisions of section 433 which prohibit the use of 
fossil fuels in new and modified Federal buildings after the year 2030.
  Now, it is true that the Department of Energy is trying to thread a 
needle through regulations that might allow fossil fuels to be used in 
new and modified Federal buildings after 2030. But we know the reality 
is that every environmental group in the country will file a lawsuit 
against that regulation when it comes out if it is interpreted in any 
way that fossil fuels might be used.
  I am really shocked that people would be opposed to our wanting to 
use fossil fuels after the year 2030. We are not mandating that they be 
used, but everyone that comes to this floor, and particularly President 
Obama when he goes anywhere, talk about an all-of-the-above energy 
policy, and yet the 2007 Energy Policy Act prohibits fossil fuel use in 
new and modified Federal buildings after the year 2030.
  Our base bill does not mandate the use. It simply says, basically, 
that the government will be able to do it if it is necessary. So why 
should the Federal Government not allow the opportunity to use any 
fossil fuel after 2030?
  We already have a Federal debt approaching $20 trillion. Natural gas 
prices are pretty low right now, but let's say they go up. Let's say 
that renewables go up, that for some reason maybe using coal is more 
economical, and using a ultra-supercritical facility.
  We know that the President does not want to build any new coal-
powered plants because regulations now prohibit that. We think it is 
important that we have an all-of-the-above energy policy. Our base bill 
allows that even in government buildings.
  And so, for that reason, I would respectfully oppose the gentleman's 
amendment and ask that Members vote against the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Beyer).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. WHITFIELD. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
will be postponed.


                 Amendment No. 18 Offered by Mr. Peters

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

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

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

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

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

                              {time}  1715

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

[[Page 19270]]

  I yield back the balance of my time.
  Mr. PETERS. Again, I thank the chairman very much for his hard work 
and for his willingness to support this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. Peters).
  The amendment was agreed to.


               Amendment No. 19 Offered by Ms. Schakowsky

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

       Strike section 4125.

  The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman 
from Illinois (Ms. Schakowsky) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Illinois.
  Ms. SCHAKOWSKY. Mr. Chairman, my amendment would preserve an existing 
consumer right that has been on the books for many years, but section 
4125 of this legislation would prevent consumers from pursuing breach 
of warranty claims against product manufacturers that inaccurately 
claim Energy Star compliance. As I said, in doing so, it would 
eliminate an existing consumer right.
  While I see no justification for this change, I see the motive. The 
Association of Home Appliance Manufacturers, which represents 95 
percent of U.S. home appliances and has endorsed this provision, wants 
to avoid liability.
  Consumers pay a premium for Energy Star products. But they don't pay 
extra because they have a sense of charity; they do it because they 
have been promised the Energy Star appliances will enable reduced 
energy usage and lower operation costs. In fact, Energy Star products 
promise a 10 to 25 percent energy efficiency improvement as compared to 
Federal minimum standards. So when a manufacturer falsely claims to be 
Energy Star compliant, consumers are left with a more expensive product 
without any of the promised benefits. It amounts, really, to fraud.
  In the past, manufacturers--including AHAM, the association, members 
Samsung, LG, and Whirlpool--have falsely claimed that their products 
meet Energy Star specifications. Consumers have mobilized to be 
compensated for those false claims, and they deserve that right. My 
amendment would enable them to retain it.
  AHAM claims that my amendment would ``discourage robust 
participation'' in the Energy Star program. And frankly, I don't see 
that as a problem. If manufacturers can't stand by their claims of 
Energy Star compliance, then they shouldn't participate in the program.
  Those manufacturers that continue to make Energy Star products will 
reap the rewards, including higher consumer demand and bigger profits, 
and that is a win for consumers, honest manufacturers, and the Energy 
Star program.
  So I ask my colleagues, please, to support this amendment.
  I reserve the balance of my time.
  Mr. LATTA. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Ohio is recognized for 5 
minutes.
  Mr. LATTA. Mr. Chairman, I rise today in opposition to the amendment 
to strike section 4125 of the bill, which is language that 
Representative Welch and I have coauthored over the past two Congresses 
with bipartisan support. It was developed with a cross section of 
interests, including efficiency and consumer advocates, manufacturers, 
and the EPA.
  By rejecting this amendment and keeping our language, we have an 
opportunity to encourage manufacturers to continue participation in the 
Energy Star program.
  Energy Star is a highly successful, voluntary program. Consumers, 
manufacturers, and the government all win under Energy Star. The 
program was designed to be low-cost and low-compliance to incentivize 
participation by manufacturers, and the language included in this bill 
is needed to continue to incentivize participation.
  For a product to be branded with the Energy Star logo, it must meet 
certain energy-saving guidelines. Manufacturers who choose to 
participate in this voluntary program make the necessary investments 
needed to increase the energy efficiency of their products.
  In order to ensure their products maintain the required levels of 
efficiency, the Department of Energy performs off-the-shelf testing. If 
a product fails to meet the standard, that product is disqualified and 
then publicly listed on the Energy Star Web site. Immediately following 
a product's disqualification listing, the manufacturer and the EPA will 
then work to resolve the cause for disqualification.
  It is important to note that our language does not prevent lawsuits 
from being filed; it just requires that a suit be filed before a 
product is disqualified from Energy Star.
  If a product has been disqualified from the program by EPA, the EPA 
is best positioned to determine consumer impact and if such impact 
requires any action on the part of the manufacturer.
  The EPA process is swift compared to legal proceedings, which could 
take years. If the focus is really on consumer reimbursement, shouldn't 
those fighting for consumer rights prefer the EPA disqualification 
process over class action litigation?
  In the EPA disqualification process, the entire reimbursement goes to 
the consumer, versus a legal proceeding, where legal fees can consume 
large amounts of the award.
  Energy Star has promoted economic expansion and job growth for 
participating manufacturers across the Nation. In defeating this 
amendment, we have an opportunity to continue to encourage 
participation by manufacturers instead of discouraging participation.
  This section has the support of the National Association of 
Manufacturers, the Alliance to Save Energy, the American Council for an 
Energy-Efficient Economy, and the Chamber of Commerce.
  Mr. Chairman, I would ask to reject the amendment.
  I reserve the balance of my time.
  Ms. SCHAKOWSKY. Mr. Chairman, may I inquire how much time I have 
remaining.
  The Acting CHAIR. The gentlewoman from Illinois has 2\1/2\ minutes 
remaining.
  Ms. SCHAKOWSKY. Mr. Chairman, all this would be fine if it weren't 
the case that we have members of the Association of Home Appliance 
Manufacturers that actually have falsely claimed that their products 
meet Energy Star specifications. And nothing in the remedy actually 
says that the consumer will have the right to reclaim their money that 
they spent on the washer or the dryer or the appliance that was bought 
because they thought that they would both save energy and, over time, 
that they would save money as well.
  As I said earlier, this rule, this law, has been in place for many 
years. It does not interfere with the fact that this is a voluntary 
program, that the companies decide if they want to participate in 
Energy Star to be an Energy Star product, but it does say they have to 
keep their promise. And they have to keep their promise not just to the 
EPA or to some regulatory framework; they have to keep their promise to 
the individual consumer who has actually laid out the bucks to buy that 
product.
  This provides an opportunity for that consumer to be able to reclaim 
a product if it is found not to meet the Energy Star promise that they 
made of 10 to 25 percent energy efficiency improvements.
  So it seems to me, why would this body go about the business of 
taking away a consumer right? I thought we were supposed to be in the 
business of trying to figure out how we are going to adequately protect 
consumers not in the generic sense, but in the individual sense. That 
is the kind of protection that we have had, and that is the kind of 
protection I believe that we should

[[Page 19271]]

maintain; and this section, put in at the behest of the industry, makes 
no sense. I think it weights toward the manufacturers and away from the 
consumers something that we all want to achieve, which is more energy 
efficiency.
  Mr. Chairman, I am very disappointed, as someone who has been a 
consumer advocate for a very long time in many ways, especially in 
terms of truth in products, truth in labeling, that we ought to be able 
to rely on that Energy Star label to know that it is going to give us 
the energy efficiency that we paid for and that, if it doesn't, we do 
have a remedy. Those remedies tend to make the manufacturers even more 
honest. I hope we will get some support.
  I yield back the balance of my time.
  Mr. LATTA. Mr. Chairman, again, I would urge defeat of the amendment 
because we want to make sure that manufacturers are still encouraged to 
participate in the Energy Star program, which has been highly 
successful.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentlewoman from Illinois (Ms. Schakowsky).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. LATTA. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Illinois 
will be postponed.


           Amendment No. 20 Offered by Mrs. Brooks of Indiana

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

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

     SEC. 4128. ENERGY SAVINGS FROM LUBRICATING OIL.

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentlewoman 
from Indiana (Mrs. Brooks) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from Indiana.
  Mrs. BROOKS of Indiana. Mr. Chairman, my amendment is very simple and 
straightforward. It calls on the Department of Energy, working together 
with the Environmental Protection Agency and the Office of Management 
and Budget, to take another look at what is now 20-year-old data about 
how used oil is managed in the United States and to develop 
comprehensive strategies to increase recycling used oil as part of a 
national strategy to save energy and reduce pollution.
  Right now, there are options for disposal of motor oil commonly used 
in trucks and cars. The worst option is for that oil to be simply 
discarded, leading to contaminants polluting our air and water. If 
properly collected, the oil can be burned once for use as low-cost 
fuel.
  However, the best option uses modern technology which now exists to 
collect and sustainably recycle used oil. These refining techniques can 
now produce a product that is the quality equivalent to fresh virgin 
base oils. So this option also maximizes the benefits by conserving 
most of the energy needed to make oil while cutting emissions of carbon 
and other harmful pollutants.
  Re-refining can turn what used to be a waste product into an 
infinitely renewable resource. And not only does this re-refined oil 
meet government and industry specifications, but it is also cost-
competitive, reduces waste, and reduces emissions.
  Earlier studies done by DOE as well as our national labs show that 
used motor oil is a valuable and reusable energy resource.
  As the motor sports capital of the world--Indianapolis, that is--it 
is no surprise that Indiana has traditionally been a leader in 
recycling and re-refining oil. We have two major used oil refineries in 
Indiana employing almost 1,000 people, and our State has a proud 
tradition of utilizing this product and promoting its technology.

                              {time}  1730

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


                 Amendment No. 21 Offered by Mr. Upton

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

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

     SEC. ____. DEFINITION OF EXTERNAL POWER SUPPLY.

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

[[Page 19272]]

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

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

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

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


                 Amendment No. 22 Offered by Mr. Tonko

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

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

     SEC. 4128. WEATHERIZATION ASSISTANCE AND STATE ENERGY 
                   PROGRAMS.

       (a) Reauthorization of Weatherization Assistance Program.--
     Section 422 of the Energy Conservation and Production Act (42 
     U.S.C. 6872) is amended by striking ``appropriated--'' and 
     all that follows through the period at the end and inserting 
     ``appropriated $450,000,000 for each of fiscal years 2016 
     through 2020.''.
       (b) Reauthorization of State Energy Programs.--Section 
     365(f) of the Energy Policy and Conservation Act (42 U.S.C. 
     6325(f)) is amended by striking ``$125,000,000 for each of 
     fiscal years 2007 through 2012'' and inserting ``$75,000,000 
     for each of fiscal years 2016 through 2020''.

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from New York (Mr. Tonko) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from New York.
  Mr. TONKO. Mr. Chairman, my amendment reauthorizes two existing 
programs, the Weatherization Assistance Program and the State Energy 
Program.
  Both of these programs have been operating successfully for many 
years. The Federal dollars delivered through these programs leverage 
additional funding from our States and the private sector. These 
programs address real problems. They are effective, and they create and 
sustain jobs.
  As we heard during debate yesterday, H.R. 8 does very little to 
advance energy efficiency, an issue that has enjoyed strong, bipartisan 
support in the past. In fact, some provisions are more likely to be a 
setback to efficiency standards. While this bill contains plenty of 
benefits for energy suppliers, there is very little in there designed 
to address the needs of average Americans.
  The Weatherization Assistance Program supports State-based programs 
to improve the energy efficiency of the homes of low-income families. 
The Department of Energy provides grants to the States, United States 
territories, and tribal governments to deliver these services through 
local weatherization agencies. The weatherization measures used include 
air sealing, wall and attic insulation, duct sealing, and furnace 
repair and replacement.
  Mr. Chairman, the benefits of weatherization are well known and 
result in a reduced energy bill for many years into the future. 
Insulating our walls and our roofs, for example, can provide savings 
for the lifetime of a house. Other measures, such as making heating or 
cooling equipment more efficient, can provide savings for more than a 
decade.
  Since 1976, the Weatherization Assistance Program has helped improve 
the lives of more than 7 million families by reducing their electricity 
bills. The program provides energy efficiency services to thousands of 
homes every year, reducing average costs by more than $400 per 
household in annual utility bills.
  Investments in energy efficiency pay for themselves over time, but 
the up-front costs can be significant, and when a family's budget is 
severely limited, those costs are simply too high.
  The Weatherization Assistance Program helps those in our communities 
who do not have the financial resources to make energy efficiency 
investments on their own. That includes our elderly, our disabled, and 
our low-income families.
  These vulnerable households are often on fixed incomes and are the 
most susceptible to volatile changes in electricity prices. They are 
particularly vulnerable to spikes in electricity bills during heat 
waves or cold weather due to poor insulation or inefficient appliances.
  A sudden increase in expenses is difficult to manage for many of our 
families. Low-income families already spend a disproportionate amount 
of their income on energy costs.
  Mr. Chairman, the State Energy Program provides funding to the States 
to support the work of their energy offices. It ensures that each State 
will have basic funding available to support its programs.
  These offices play a role in helping States define the least costly 
ways to meet State goals for energy efficiency, for air quality, for 
fuel diversity, and for energy security.

[[Page 19273]]

  According to a study by the Oak Ridge National Laboratory, the State 
Energy Program often leverages, for every 1 Federal dollar, $10.71 in 
State and private funds. That is a great return on investment.
  Congress reauthorized these programs back in 2007 for a 5-year period 
at about $1 billion per year for Weatherization and $125 million per 
year for the State Energy Program.
  My amendment authorizes the Weatherization Assistance Program for 
another 5 years, but at lower levels--$450 million per year--and the 
State Energy Program is authorized for 5 years at $75 million per year.
  These are robust authorization levels for certain. While I believe 
these programs should be appropriated even more funding, this amendment 
authorizes them at lower levels to be more in tune with today's fiscal 
constraints.
  Mr. Chairman, I ask my colleagues to support my amendment and to help 
to extend the benefits of energy efficiency to our families so that 
more families can be supported by local jobs, businesses, and certainly 
contractors that do this extremely important work.
  Mr. Chairman, I reserve the balance of my time.
  Mr. UPTON. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Michigan is recognized for 5 
minutes.
  Mr. UPTON. Mr. Chairman, I do so to oppose the amendment because, as 
we all know, this amendment reauthorizes the Federal Weatherization 
Assistance Program at $2.2 billion through 2020 and the State Energy 
Program at $375 million through 2020.
  But our feeling is that it is not needed because the Department of 
Energy's Weatherization Assistance Program is already extremely well 
funded.
  I support weatherization, as I think most of our colleagues on both 
sides of the aisle do, but Congress has been funding the program at or 
near the Department's requested levels.
  So this is, in essence, billions above in new spending on an existing 
program that the Department of Energy has not requested.
  I would note that the 2009 stimulus bill included an extra $5 billion 
to the Department of Energy for weatherization, roughly 17 times what 
was originally appropriated for that year.
  Furthermore, using experiments considered the gold standard for 
evidence, researchers from UC Berkeley, MIT, and the University of 
Chicago recently released a report on a first-of-its-kind field test of 
the Federal Weatherization Assistance Program.
  The study found that the costs of energy efficiency investments were 
about double the actual savings, that model-projected savings are 2\1/
2\ times the actual savings, and that, even when accounting for the 
broader societal benefits of energy efficiency investments, the costs 
will substantially outweigh the benefits. The average rate of return is 
a minus 9\1/2\ percent annually.
  So, Mr. Chairman, the overall legislation today that is before us is 
extremely specific in authorizing budget-neutral spending for energy 
security efforts only. Authorizing additional money--beyond requested 
amounts--as this Weatherization amendment does, does not have the 
offset.
  Therefore, I would ask my colleagues to vote ``no'' on the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. TONKO. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, certainly the numbers here speak to the most vulnerable 
in our society. There are waiting lists that I know exist in States. 
There are more things we can do for energy efficiency's sake for our 
most stressed family budgets.
  This is a situation where energy costs, as a wedge of the pie for our 
poor families for their household budgets, is far greater a slice than 
it is for the average residents of this country. This is a hardhearted 
approach taken to our elderly, to our low-income families, and to the 
disabled.
  Also, Mr. Chairman, I would suggest that our goal here should be to 
be as resourceful as possible with our energy mix across this country. 
Anytime we can reduce consumption we are doing a big thing for all 
ratepayers. The statements show a missing of the focus that is needed.
  Finally, to the study, it was a one-State, one-utility study. It was 
not peer reviewed. It was flawed. It did not really suggest to show the 
real issues out there for this program.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Tonko).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. TONKO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New York 
will be postponed.


           Amendment No. 23 Offered by Ms. Castor of Florida

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

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

             CHAPTER 8--LOCAL ENERGY SUPPLY AND RESILIENCY

     SEC. 4181. DEFINITIONS.

       In this chapter:
       (1) Combined heat and power system.--The term ``combined 
     heat and power system'' means generation of electric energy 
     and heat in a single, integrated system that meets the 
     efficiency criteria in clauses (ii) and (iii) of section 
     48(c)(3)(A) of the Internal Revenue Code of 1986, under which 
     heat that is conventionally rejected is recovered and used to 
     meet thermal energy requirements.
       (2) Demand response.--The term ``demand response'' means 
     changes in electric usage by electric utility customers from 
     the normal consumption patterns of the customers in response 
     to--
       (A) changes in the price of electricity over time; or
       (B) incentive payments designed to induce lower electricity 
     use at times of high wholesale market prices or when system 
     reliability is jeopardized.
       (3) Distributed energy.--The term ``distributed energy'' 
     means energy sources and systems that--
       (A) produce electric or thermal energy close to the point 
     of use using renewable energy resources or waste thermal 
     energy;
       (B) generate electricity using a combined heat and power 
     system;
       (C) distribute electricity in microgrids;
       (D) store electric or thermal energy; or
       (E) distribute thermal energy or transfer thermal energy to 
     building heating and cooling systems through a district 
     energy system.
       (4) District energy system.--The term ``district energy 
     system'' means a system that provides thermal energy to 
     buildings and other energy consumers from 1 or more plants to 
     individual buildings to provide space heating, air 
     conditioning, domestic hot water, industrial process energy, 
     and other end uses.
       (5) Islanding.--The term ``islanding'' means a distributed 
     generator or energy storage device continuing to power a 
     location in the absence of electric power from the primary 
     source.
       (6) Loan.--The term ``loan'' has the meaning given the term 
     ``direct loan'' in section 502 of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661a).
       (7) Microgrid.--The term ``microgrid'' means an integrated 
     energy system consisting of interconnected loads and 
     distributed energy resources, including generators and energy 
     storage devices, within clearly defined electrical boundaries 
     that--
       (A) acts as a single controllable entity with respect to 
     the grid; and
       (B) can connect and disconnect from the grid to operate in 
     both grid-connected mode and island mode.
       (8) Renewable energy source.--The term ``renewable energy 
     source'' includes--
       (A) biomass;
       (B) geothermal energy;
       (C) hydropower;
       (D) landfill gas;
       (E) municipal solid waste;
       (F) ocean (including tidal, wave, current, and thermal) 
     energy;
       (G) organic waste;
       (H) photosynthetic processes;
       (I) photovoltaic energy;
       (J) solar energy; and
       (K) wind.
       (9) Renewable thermal energy.--The term ``renewable thermal 
     energy'' means heating or cooling energy derived from a 
     renewable energy resource.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) Thermal energy.--The term ``thermal energy'' means--

[[Page 19274]]

       (A) heating energy in the form of hot water or steam that 
     is used to provide space heating, domestic hot water, or 
     process heat; or
       (B) cooling energy in the form of chilled water, ice, or 
     other media that is used to provide air conditioning, or 
     process cooling.
       (12) Waste thermal energy.--The term ``waste thermal 
     energy'' means energy that--
       (A) is contained in--
       (i) exhaust gases, exhaust steam, condenser water, jacket 
     cooling heat, or lubricating oil in power generation systems;
       (ii) exhaust heat, hot liquids, or flared gas from any 
     industrial process;
       (iii) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated, or vented;
       (iv) a pressure drop in any gas, excluding any pressure 
     drop to a condenser that subsequently vents the resulting 
     heat;
       (v) condenser water from chilled water or refrigeration 
     plants; or
       (vi) any other form of waste energy, as determined by the 
     Secretary; and
       (B)(i) in the case of an existing facility, is not being 
     used; or
       (ii) in the case of a new facility, is not conventionally 
     used in comparable systems.

     SEC. 4182. DISTRIBUTED ENERGY LOAN PROGRAM.

       (a) Loan Program.--
       (1) In general.--Subject to the provisions of this 
     subsection and subsections (b) and (c), the Secretary shall 
     establish a program to provide to eligible entities--
       (A) loans for the deployment of distributed energy systems 
     in a specific project; and
       (B) loans to provide funding for programs to finance the 
     deployment of multiple distributed energy systems through a 
     revolving loan fund, credit enhancement program, or other 
     financial assistance program.
       (2) Eligibility.--Entities eligible to receive a loan under 
     paragraph (1) include--
       (A) a State, territory, or possession of the United States;
       (B) a State energy office;
       (C) a tribal organization (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b));
       (D) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)); and
       (E) an electric utility, including--
       (i) a rural electric cooperative;
       (ii) a municipally owned electric utility; and
       (iii) an investor-owned utility.
       (3) Selection requirements.--In selecting eligible entities 
     to receive loans under this section, the Secretary shall, to 
     the maximum extent practicable, ensure--
       (A) regional diversity among eligible entities to receive 
     loans under this section, including participation by rural 
     States and small States; and
       (B) that specific projects selected for loans--
       (i) expand on the existing technology deployment program of 
     the Department of Energy; and
       (ii) are designed to achieve 1 or more of the objectives 
     described in paragraph (4).
       (4) Objectives.--Each deployment selected for a loan under 
     paragraph (1) shall include 1 or more of the following 
     objectives:
       (A) Improved security and resiliency of energy supply in 
     the event of disruptions caused by extreme weather events, 
     grid equipment or software failure, or terrorist acts.
       (B) Implementation of distributed energy in order to 
     increase use of local renewable energy resources and waste 
     thermal energy sources.
       (C) Enhanced feasibility of microgrids, demand response, or 
     islanding;
       (D) Enhanced management of peak loads for consumers and the 
     grid.
       (E) Enhanced reliability in rural areas, including high 
     energy cost rural areas.
       (5) Restriction on use of funds.--Any eligible entity that 
     receives a loan under paragraph (1) may only use the loan to 
     fund programs relating to the deployment of distributed 
     energy systems.
       (b) Loan Terms and Conditions.--
       (1) Terms and conditions.--Notwithstanding any other 
     provision of law, in providing a loan under this section, the 
     Secretary shall provide the loan on such terms and conditions 
     as the Secretary determines, after consultation with the 
     Secretary of the Treasury, in accordance with this section.
       (2) Specific appropriation.--No loan shall be made unless 
     an appropriation for the full amount of the loan has been 
     specifically provided for that purpose.
       (3) Repayment.--No loan shall be made unless the Secretary 
     determines that there is reasonable prospect of repayment of 
     the principal and interest by the borrower of the loan.
       (4) Interest rate.--A loan provided under this section 
     shall bear interest at a fixed rate that is equal or 
     approximately equal, in the determination of the Secretary, 
     to the interest rate for Treasury securities of comparable 
     maturity.
       (5) Term.--The term of the loan shall require full 
     repayment over a period not to exceed the lesser of--
       (A) 20 years; or
       (B) 90 percent of the projected useful life of the physical 
     asset to be financed by the loan (as determined by the 
     Secretary).
       (6) Use of payments.--Payments of principal and interest on 
     the loan shall--
       (A) be retained by the Secretary to support energy research 
     and development activities; and
       (B) remain available until expended, subject to such 
     conditions as are contained in annual appropriations Acts.
       (7) No penalty on early repayment.--The Secretary may not 
     assess any penalty for early repayment of a loan provided 
     under this section.
       (8) Return of unused portion.--In order to receive a loan 
     under this section, an eligible entity shall agree to return 
     to the general fund of the Treasury any portion of the loan 
     amount that is unused by the eligible entity within a 
     reasonable period of time after the date of the disbursement 
     of the loan, as determined by the Secretary.
       (9) Comparable wage rates.--Each laborer and mechanic 
     employed by a contractor or subcontractor in performance of 
     construction work financed, in whole or in part, by the loan 
     shall be paid wages at rates not less than the rates 
     prevailing on similar construction in the locality as 
     determined by the Secretary of Labor in accordance with 
     subchapter IV of chapter 31 of title 40, United States Code.
       (c) Rules and Procedures; Disbursement of Loans.--
       (1) Rules and procedures.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall adopt 
     rules and procedures for carrying out the loan program under 
     subsection (a).
       (2) Disbursement of loans.--Not later than 1 year after the 
     date on which the rules and procedures under paragraph (1) 
     are established, the Secretary shall disburse the initial 
     loans provided under this section.
       (d) Reports.--Not later than 2 years after the date of 
     receipt of the loan, and annually thereafter for the term of 
     the loan, an eligible entity that receives a loan under this 
     section shall submit to the Secretary a report describing the 
     performance of each program and activity carried out using 
     the loan, including itemized loan performance data.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary.

     SEC. 4183. TECHNICAL ASSISTANCE AND GRANT PROGRAM.

       (a) Establishment.--
       (1) In general.--The Secretary shall establish a technical 
     assistance and grant program (referred to in this section as 
     the ``program'')--
       (A) to disseminate information and provide technical 
     assistance directly to eligible entities so the eligible 
     entities can identify, evaluate, plan, and design distributed 
     energy systems; and
       (B) to make grants to eligible entities so that the 
     eligible entities may contract to obtain technical assistance 
     to identify, evaluate, plan, and design distributed energy 
     systems.
       (2) Technical assistance.--The technical assistance 
     described in paragraph (1) shall include assistance with 1 or 
     more of the following activities relating to distributed 
     energy systems:
       (A) Identification of opportunities to use distributed 
     energy systems.
       (B) Assessment of technical and economic characteristics.
       (C) Utility interconnection.
       (D) Permitting and siting issues.
       (E) Business planning and financial analysis.
       (F) Engineering design.
       (3) Information dissemination.--The information 
     disseminated under paragraph (1)(A) shall include--
       (A) information relating to the topics described in 
     paragraph (2), including case studies of successful examples;
       (B) computer software and databases for assessment, design, 
     and operation and maintenance of distributed energy systems; 
     and
       (C) public databases that track the operation and 
     deployment of existing and planned distributed energy 
     systems.
       (b) Eligibility.--Any nonprofit or for-profit entity shall 
     be eligible to receive technical assistance and grants under 
     the program.
       (c) Applications.--
       (1) In general.--An eligible entity desiring technical 
     assistance or grants under the program shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (2) Application process.--The Secretary shall seek 
     applications for technical assistance and grants under the 
     program--
       (A) on a competitive basis; and
       (B) on a periodic basis, but not less frequently than once 
     every 12 months.
       (3) Priorities.--In selecting eligible entities for 
     technical assistance and grants under the program, the 
     Secretary shall give priority to eligible entities with 
     projects that have the greatest potential for--
       (A) facilitating the use of renewable energy resources;
       (B) strengthening the reliability and resiliency of energy 
     infrastructure to the impact of extreme weather events, power 
     grid failures, and interruptions in supply of fossil fuels;

[[Page 19275]]

       (C) improving the feasibility of microgrids or islanding, 
     particularly in rural areas, including high energy cost rural 
     areas;
       (D) minimizing environmental impact, including regulated 
     air pollutants and greenhouse gas emissions; and
       (E) maximizing local job creation.
       (d) Grants.--On application by an eligible entity, the 
     Secretary may award grants to the eligible entity to provide 
     funds to cover not more than--
       (1) 100 percent of the costs of the initial assessment to 
     identify opportunities;
       (2) 75 percent of the cost of feasibility studies to assess 
     the potential for the implementation;
       (3) 60 percent of the cost of guidance on overcoming 
     barriers to implementation, including financial, contracting, 
     siting, and permitting issues; and
       (4) 45 percent of the cost of detailed engineering.
       (e) Rules and Procedures.--
       (1) Rules.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall adopt rules and 
     procedures for carrying out the program.
       (2) Grants.--Not later than 120 days after the date of 
     issuance of the rules and procedures for the program, the 
     Secretary shall issue grants under this chapter.
       (f) Reports.--The Secretary shall submit to Congress and 
     make available to the public--
       (1) not less frequently than once every 2 years, a report 
     describing the performance of the program under this section, 
     including a synthesis and analysis of the information 
     provided in the reports submitted to the Secretary under 
     section 4181(c); and
       (2) on termination of the program under this section, an 
     assessment of the success of, and education provided by, the 
     measures carried out by eligible entities during the term of 
     the program.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $250,000,000 for 
     the period of fiscal years 2016 through 2020, to remain 
     available until expended.

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

                              {time}  1745

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

[[Page 19276]]


  Ms. CASTOR of Florida. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Florida 
will be postponed.


                 Amendment No. 24 Offered by Mr. Polis

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

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

              CHAPTER 8--SURFACE ESTATE OWNER NOTIFICATION

     SEC. 4181. SURFACE ESTATE OWNER NOTIFICATION.

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

  The Acting CHAIR. Pursuant to House Resolution 542, the gentleman 
from Colorado (Mr. Polis) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Colorado.
  Mr. POLIS. Mr. Chairman, I want to explain how in many States, 
including my home State of Colorado, landowners--if you live in a home, 
you own your property, you bought it--you are not necessarily and in 
most cases, in fact, you are not also the owner of the minerals beneath 
your land. That is called a split estate.
  Many, in fact most, surface estates in my State were split from their 
subsurface or mineral rights--severed. And Congress rewrote the rules 
of the Homestead Act to maintain ownership over minerals even as they 
gave away western lands for development.
  So, again, what that means is we have suburban subdevelopments, 
people's homes--people live in their homes--and the Federal Government 
owns the mineral rights under those homes. Along with that comes the 
right to extract those minerals.
  Unfortunately, what fails to be present in the Homestead Act is 
protections and notification requirements for the people who live 
there, the homeowners. So, in some cases, in Colorado and elsewhere, 
landholders and homeowners don't even know that there has been a lease 
or a drill permit on their land where they own the surface rights.
  Literally, one day an oil company can drive up to the property and 
construct a horizontal drill in the middle of your backyard without 
notification. So you can imagine the result--harm and loss of cattle or 
crops, infrastructure on the property--not knowing what is occurring.
  And, really, it has been amazing to see the ability of the extraction 
industry to operate without having to address the legitimate concerns 
of surface owners.
  Now, my bill doesn't change all of that, and, frankly, I would like 
to go a lot further and will in other legislative efforts. This 
amendment is really a commonsense effort that is a critical first step 
to right those wrongs.
  It would simply require that the BLM notify a landowner sitting above 
mineral rights that they plan to put out for bid, award, lease, or sale 
a drilling permit on that land.
  The BLM will argue that there are notification requirements. What 
that means is it might be posted on a Web site or in the Federal 
Register. Well, I guarantee you that Mr. or Mrs. Smith in a suburban 
subdevelopment are not eagerly checking the Federal Register every day. 
They are not even generally aware that there are mineral rights under 
their property, nor should they have to be. They should simply get a 
letter in the mail saying what is happening if and when there is going 
to be mineral development on their property.
  And I think that is a simple, commonsense step that would protect 
American taxpayers from undue, unreasonable burdens placed upon them 
and protect property rights. I really hope it is not controversial and 
that we can adopt this amendment.
  I reserve the balance of my time.
  Mr. LAMBORN. Mr. Chairman, I claim the time in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from Colorado is recognized for 5 
minutes.
  Mr. LAMBORN. Mr. Chairman, I want to let my colleague from Colorado 
know that this is an unnecessary amendment, so I would ask Members to 
oppose it.
  There already is a lot of built-in notification that does take place. 
I don't know if my colleague is aware of this or not, but when an 
expression of interest for leasing is made, the BLM requires that all 
of the surface owners, wherever this expression of interest for leasing 
applies to, are notified by mail.
  Secondly, before a permit is issued, there is another notification to 
the surface owners of wherever that lease is located.
  Thirdly, under the NEPA process, before the leases are even issued, 
the public is notified. I know this amendment talks about notifying 
everyone within 1 mile. The public notification is a lot broader than 
just 1 mile, so, actually, current law does more than what this 
amendment calls for.
  But there are two different steps, in addition to the public notice, 
where the surface landowner actually is notified by mail by a good 
faith effort required by the Bureau of Land Management for Federal 
lands.
  On top of all that, Mr. Chairman, I ask opposition for this amendment 
because it is poorly written. It is ambiguous as to whether it is only 
applying to Federal lands or is broader and would include tribal lands, 
private lands, and things way out of the jurisdiction of the Bureau of 
Land Management.
  But, in any case, even if it would just apply to the Federal lands, 
it is unnecessary. Because of the different steps that are required 
under the language of this amendment, it would add a lot of paperwork 
and red tape and really not accomplish anything more than what is 
already clearly accomplished two or three times under existing law.
  For all those reasons, Mr. Chairman, I ask that we oppose this 
amendment. I know it is well-intentioned, but the law already takes 
care of this. This amendment, besides being poorly written, would add a 
lot of time and paperwork and red tape to the process right now.
  I reserve the balance of my time.
  Mr. POLIS. Mr. Chairman, I wish that this amendment weren't 
necessary. There are hundreds, if not thousands, of homeowners in 
Colorado who fail to be notified by the BLM.
  Now, there is a good faith effort requirement, but there is no system 
in place to ensure that the person gets a notification. So, in effect, 
what happens is the agency will sign off, ``We made a good faith 
effort, couldn't find who the property owner was,'' and it is posted in 
the Federal Register or in a newspaper in an ad that the homeowner is 
extremely unlikely to ever see.
  What we are simply saying is have a step to implement this directive 
that already exists. Give this meaning; give this teeth. Make sure that 
homeowners are actually notified in the mail, that there is an effort 
to actually find out who they are, and not just a bureaucratic signoff 
that we don't know who they are and, therefore, they are never going to 
find out until trucks drive onto their property.
  It is a real problem, and there is a real simple, commonsense 
solution. I urge my colleagues to adopt it.
  I reserve the balance of my time.
  Mr. LAMBORN. Mr. Chairman, just to finish this, I would say that this 
is an unnecessary amendment because

[[Page 19277]]

there are already two, if not three, different times that the notice to 
the surface owner already takes place: once to the public at large, 
twice to the surface owner in particular.
  Secondly, this is poorly written. I am afraid that it does not just 
refer strictly to Federal lands that the BLM controls, but this could 
apply to tribal lands and private lands. So it makes a mess in that 
regard.
  And, thirdly, it goes 1 mile away. The current law does refer to the 
surface owner and accomplishes the things that the proponent of the 
amendment wants to accomplish, so it is unnecessary.
  For those reasons, Mr. Chairman, I urge opposition to this amendment.
  I yield back the balance of my time.
  Mr. POLIS. Mr. Chairman, I respect my good friend and colleague from 
Colorado.
  Part of the goal of this amendment is to ensure that the full area of 
disruption receives notification. So where you have a suburban 
subdevelopment, it is one thing for the owner under which the activity 
is occurring to get notice.
  But keep in mind the activity also has an impact certainly within a 
mile radius of that activity in terms of loud noises, trucks, et 
cetera. Families may choose to leave town; others may choose to stick 
it out and make sure they are prepared for whatever activity will 
occur, when it occurs.
  But, clearly, if there are notification aspects in the current law, 
which there are, they are insufficient, because I come before you 
telling you that there are homeowners in Colorado who have no prior 
word of extraction activity on their land until, literally, they see it 
occurring. They see trucks, they see people. They go out, they say, 
``What are you doing?'' and they say, ``We are getting ready to 
drill.''
  This happens in my State. This amendment would make sure that, more 
than a good faith effort that is simply signed off on by some 
bureaucrat and therefore waived, there is a real effort of 
implementation. We give full rulemaking authority to the BLM to 
actually come up with a system for notifying homeowners and adjacent 
property owners about extraction work that is occurring for the mineral 
rights that occur under where they live.
  I hope that this is a basis of common sense from which we can build a 
concept of homeowner protections and surface owner rights to balance 
the rights that the mineral owners have. Certainly, transparency and 
notification is a simple one and an easy one for the BLM to implement. 
That is all the amendment would do.
  I urge my colleagues to vote ``yes.''
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Colorado (Mr. Polis).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. POLIS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Colorado 
will be postponed.


                 Amendment No. 25 Offered by Mr. Barton

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

       At the end of the bill, add the following:

            TITLE VII--CHANGING CRUDE OIL MARKET CONDITIONS

     SEC. 7001. FINDINGS.

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

     SEC. 7002. REPEAL.

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

     SEC. 7003. NATIONAL POLICY ON OIL EXPORT RESTRICTIONS.

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

     SEC. 7004. STUDIES.

       (a) Greenhouse Gas Emissions.--Not later than 120 days 
     after the date of enactment of this Act, the Secretary of 
     Energy shall conduct, and transmit to the Committee on Energy 
     and Commerce of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate the 
     results of, a study on the net greenhouse gas emissions that 
     will result from the repeal of the crude oil export ban under 
     section 7002.
       (b) Crude Oil Export Study.--
       (1) In general.--The Department of Commerce, in 
     consultation with the Department of Energy, and other 
     departments as appropriate, shall conduct a study of the 
     State and national implications of lifting the crude oil 
     export ban with respect to consumers and the economy.
       (2) Contents.--The study conducted under paragraph (1) 
     shall include an analysis of--
       (A) the economic impact that exporting crude oil will have 
     on the economy of the United States;
       (B) the economic impact that exporting crude oil will have 
     on consumers, taking into account impacts on energy prices;
       (C) the economic impact that exporting crude oil will have 
     on domestic manufacturing, taking into account impacts on 
     employment; and
       (D) the economic impact that exporting crude oil will have 
     on the refining sector, taking into account impacts on 
     employment.
       (3) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Bureau of Industry and 
     Security shall submit to Congress a report containing the 
     results of the study conducted under paragraph (1).

     SEC. 7005. SAVINGS CLAUSE.

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

     SEC. 7006. PARTNERSHIPS WITH MINORITY SERVING INSTITUTIONS.

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

     SEC. 7007. REPORT.

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

[[Page 19278]]



     SEC. 7008. REPORT TO CONGRESS.

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

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

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

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

                              {time}  1800

  Other than that, all of the amendments that were offered and accepted 
on both sides are in this amendment that is before us today.
  We are the third largest oil producer in the world. We have the 
capability to significantly increase our production, but under current 
law, Mr. Chairman, that is not possible because it is prohibited by a 
law that was passed in 1975. The gist of this bill is that it would 
repeal that ban and allow American crude oil to be put out on the world 
market, just like our refined oil products are today.
  I ask everybody who voted for it before to vote for it again, and for 
those of you who didn't see the light the last time, we are going to 
give you a second chance tonight to vote for it.
  I want to see if there is anybody willing to stand up and be in 
opposition to this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GARAMENDI. Mr. Chairman, I rise in opposition to the gentleman's 
amendment.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. GARAMENDI. Mr. Chairman, ever since I got involved in public 
policy, which was about 40 years ago, this Nation has been crying for 
energy independence.
  I remember my very first campaign in 1974, during the oil energy 
crisis, when there was all around the world no oil available and no gas 
available, and we wanted to be energy independent. We are actually 
getting close to it; although, we continue to import 25 percent of our 
crude oil, but maybe we are on the cusp of being energy independent.
  So what does Big Oil want to do? It is not good enough that they 
should be the wealthiest of all corporations in America and the world. 
They want to take our precious and almost energy independent oil and 
export it.
  Where is it going to go? Where is the market? China, for sure, wants 
oil. They are going to need to double their import of oil. So where is 
Big Oil going to go with our precious natural resource that we have for 
at least the last 40 years been trying to use to achieve energy 
independence?
  Why would my good friend from Texas give away to Big Oil our energy 
independence? Why would we do that?
  By the way, the 1975 law does not prohibit. It puts the hand of the 
government--the President and the Secretary of Commerce--on the spigot, 
and if it is not in America's interest to export, they can shut the 
spigot down. There is no such protection in this. The only hand on the 
spigot for the export of oil is Big Oil. There is $30 billion a year of 
additional revenue for Big Oil--as if they don't already have enough.
  What about the rest of the Nation? Shouldn't this natural resource 
asset of America's be shared? It could be. Control the spigot to the 
benefit of the people at the gas pump. My farmers need chemicals and 
fertilizer coming from the oil industry. They need the pipes--they need 
all of the material--and they need the diesel. Oh, we can forget about 
the farmers. After all, Big Oil wants to ship our precious natural 
resource--oil--overseas, probably to China.
  So why don't we put a control on this, and if it is not in the public 
interest, don't do it? $8.7 billion of refining infrastructure will not 
be built as a result of this export. Whose jobs are those? They are the 
American middle class', which, apparently, all of us want to protect 
and enhance. Those are middle class jobs. $8.7 billion of 
infrastructure is not going to be built in our refineries.
  This is not a big deal. After all, Big Oil wants it. It is no big 
deal that we would take, as we move towards energy independence, the 
one product that is available that could diminish the 25 percent oil we 
currently import. No. We are simply going to ship it offshore. For 
whose benefit? Are the American mariners going to benefit from that? 
No. Are the American shipbuilders going to benefit from that? No, not 
at all. Who is going to benefit? Some in the oil patch will benefit for 
sure, and, certainly, the Big Oil companies will benefit; but will the 
American consumer at the gasoline pump benefit?
  I have seen the studies. You can design a study that will show it, 
but it means nothing. Remember this: $30 billion of oil a year is going 
to leave this country. For whose benefit? For Big Oil? It is not for 
the person at the gas pump. It is not for the farmer who is buying the 
diesel. It is not for the farmer who wants to buy the fertilizer. Give 
it away. Let them have it--as if they don't already have enough. For a 
century, Big Oil has been subsidized by the American public. Enough 
already.
  I don't think this is a good idea. I don't think it is a good idea to 
take our crude oil and allow it to be shipped overseas with absolutely 
no restrictions whatsoever. You want a strong vote on this? Then make 
it a strong ``no'' vote.
  I yield back the balance of my time.
  Mr. BARTON. I will put the gentleman from California down as being 
undecided on the amendment.
  Mr. Chairman, I yield 1 minute to the gentleman from College Station, 
Texas (Mr. Flores).
  Mr. FLORES. Mr. Chair, I rise in strong support of this amendment, 
which would strengthen our Nation's energy, its security, its jobs, and 
its economy.
  We have heard some interesting rhetoric tonight, but here are the 
facts. This amendment results in five key benefits to our country:
  First, it benefits the American consumer with resulting overall lower 
energy prices. This particularly benefits lower-income and lower 
middle-income Americans, providing greater economic security for those 
hard-working families;
  Two, it benefits American producers and allows them to further 
reinvest in our domestic energy infrastructure, furthering our energy 
security and good-paying American jobs. Most of

[[Page 19279]]

those companies are small, independent oil and gas companies, not the 
major companies that were just talked about;
  Three, it benefits our geopolitical standing and strengthens ties 
with our global friends and allies, and it hurts those countries like 
Russia, Iran, and Venezuela, which are opposed to American interests;
  Four, it benefits the downstream refining community as lower prices 
will stimulate volume demand for their refined products. This gives 
them more financial capital to hire skilled American workers and to 
reinvest in their operations;
  Five, it helps cure our trade imbalances.
  These are five critical reasons as to why everybody wins if we lift 
the ban.
  The Acting CHAIR. The time of the gentleman has expired.
  Mr. BARTON. I yield the gentleman an additional 15 seconds.
  Mr. FLORES. Mr. Chairman, I thank Mr. Barton for his work on this 
important amendment. I also thank the chairman for his support.
  I strongly encourage my colleagues to support the amendment and the 
underlying bill.
  Mr. BARTON. Mr. Chairman, how much time remains?
  The Acting CHAIR. The gentleman from Texas has 1\3/4\ minutes 
remaining, and the gentleman from California has yielded back the 
balance of his time.
  Mr. BARTON. Mr. Chairman, I yield myself the balance of my time. I 
don't see any other speakers on our side.
  Let me simply say that this amendment is about jobs for America. 
There is only one commodity that we prohibit, by law, from being 
exported, and it is crude oil. We don't prohibit cotton; we don't 
prohibit corn; we don't prohibit ethanol; we don't prohibit 
automobiles; we don't prohibit video games or movies. We only prohibit 
crude oil. That is number one.
  Number two, since the oil prices have precipitously fallen in the 
last 13 or 14 months, we have lost over 250,000 jobs in the United 
States. Those aren't just oil patch jobs. Those are truck driver jobs; 
they are warehouse jobs; they are computer programmer jobs; they are 
restaurant jobs. You name it; those are real jobs. It is estimated, Mr. 
Chairman, that we are losing as many as 1,000 jobs a week right now. If 
we repeal this antiquated law, we can put some of those people back to 
work.
  We can put American-made oil in the world marketplace. It makes no 
sense to let Iran export oil, but we can't let American oil be put on 
the world market. We don't know who is going to buy the oil, but we do 
know that the money we will receive from it is going to come back to 
the United States. It is going to create jobs, and it is going to help 
our economy. It is going to be good for every American in every State 
of the 50 States in the Union. Vote for this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. GENE GREEN of Texas. Mr. Chair, I rise in opposition to the crude 
oil export amendment.
  In the past 10 years, the United States has undergone an energy 
revolution.
  But due to our success in places like Texas, North Dakota and 
Colorado the price of oil has fallen from $100 per barrel to $40.
  Gasoline prices have fallen from almost $4 per gallon to less than 
$2.
  All of this has benefitted our economy and the consumer.
  I support crude oil exports.
  But I want to protect our domestic manufacturing jobs, including 
refining.
  We have the resource, we should use as much as possible here at home 
and sell what is left.
  The crude oil export ban has been in place since 1975.
  In the 1970s, the United States put the ban in place to protect our 
national interests.
  That's more than 40 years of legislative history.
  Before we do away with that history, we should make sure we have a 
policy that will make sense for the next 40 years and perhaps beyond.
  Crude oil is a valuable national resource and the government should 
have some oversight as to where and when we send crude overseas.
  I was hoping we could craft language that would create a process at 
the Bureau of Industry and Security, within the Department of Commerce, 
that would establish an authorization and reporting requirements for 
crude oil.
  We should have some basic requirements at the Department of Commerce 
to oversee crude.
  Unlike LNG, crude is a raw commodity and raw crude doesn't have value 
added.
  If exporting crude is the right policy, then let's do it correctly.
  Let's maximize the benefits for the United States.
  Let's make sure U.S. crude doesn't end up in the hands of North Korea 
or any of our other foes.
  The Department of Commerce has approved every application to export 
oil in the last five years.
  Now, I agree that the Department could approve permits more 
efficiently but that's something we can legislate.
  That's a ``fix'' I can support and believe would help our upstream 
producers.
  Unfortunately, we were unable to find that compromise.
  I do not want to oppose this language but without changes it is not 
in the best interest of our country.
  The time to address exports is now but we cannot just open the tap 
and hope for the best.
  I do not want the United States to become a resource nation.
  I look forward to working on this issue again and hope that a 
reasonable, commonsense approach can be reached.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Texas (Mr. Barton).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. GARAMENDI. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


                    Announcement by the Acting Chair

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


                  Amendment No. 1 Offered by Mr. Upton

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


                             Recorded Vote

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

                             [Roll No. 656]

                               AYES--246

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Costa
     Costello (PA)
     Cramer
     Crawford
     Crenshaw
     Culberson
     Curbelo (FL)
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart

[[Page 19280]]


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

                               NOES--177

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

                             NOT VOTING--10

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

                              {time}  1838

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


                  Amendment No. 2 Offered by Mr. Tonko

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


                             Recorded Vote

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

                             [Roll No. 657]

                               AYES--179

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

                               NOES--244

     Abraham
     Aderholt
     Allen
     Amash
     Amodei
     Ashford
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Cole
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Costa
     Cramer
     Crawford
     Culberson
     Curbelo (FL)
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Diaz-Balart
     Dold
     Donovan
     Doyle, Michael F.
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers (NC)
     Emmer (MN)
     Farenthold
     Fincher
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith
     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Herrera Beutler
     Hice, Jody B.
     Hill
     Hinojosa
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jones
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Latta
     LoBiondo
     Long
     Loudermilk
     Love
     Lowey
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry

[[Page 19281]]


     McKinley
     McMorris Rodgers
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perlmutter
     Peters
     Peterson
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Pompeo
     Price, Tom
     Ratcliffe
     Reed
     Reichert
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Ros-Lehtinen
     Roskam
     Ross
     Rothfus
     Rouzer
     Royce
     Russell
     Salmon
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Tsongas
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                             NOT VOTING--10

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


                    Announcement by the Acting Chair

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

                              {time}  1843

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



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

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This will be a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 263, 
noes 158, not voting 12, as follows:

                             [Roll No. 658]

                               AYES--263

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

                               NOES--158

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

                             NOT VOTING--12

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


                    Announcement by the Acting Chair

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

                              {time}  1848

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


                 Amendment No. 17 Offered by Mr. Beyer

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


                             Recorded Vote

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

                             [Roll No. 659]

                               AYES--172

     Adams
     Becerra
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Bonamici
     Boyle, Brendan F.
     Brady (PA)
     Brown (FL)

[[Page 19282]]


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

                               NOES--246

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

                             NOT VOTING--15

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


                    Announcement by the Acting Chair

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

                              {time}  1851

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


               Amendment No. 19 Offered by Ms. Schakowsky

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 183, 
noes 239, not voting 11, as follows:

                             [Roll No. 660]

                               AYES--183

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

                               NOES--239

     Abraham
     Aderholt
     Allen
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum
     Blumenauer
     Bost
     Boustany
     Brady (TX)
     Brat
     Bridenstine
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Chaffetz
     Clawson (FL)
     Coffman
     Collins (GA)
     Collins (NY)
     Comstock
     Conaway
     Cook
     Cooper
     Cramer
     Crawford
     Crenshaw
     Culberson
     Davis, Rodney
     Denham
     Dent
     DeSantis
     DesJarlais
     Dold
     Donovan
     Duffy
     Duncan (SC)
     Ellmers (NC)
     Emmer (MN)
     Esty
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett
     Gibbs
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Griffith

[[Page 19283]]


     Grothman
     Guinta
     Guthrie
     Hanna
     Hardy
     Harper
     Harris
     Hartzler
     Heck (NV)
     Hensarling
     Hice, Jody B.
     Hill
     Himes
     Holding
     Hudson
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurd (TX)
     Hurt (VA)
     Issa
     Jenkins (KS)
     Jenkins (WV)
     Johnson (OH)
     Johnson, Sam
     Jolly
     Jordan
     Joyce
     Katko
     Kelly (MS)
     Kelly (PA)
     King (IA)
     King (NY)
     Kinzinger (IL)
     Kline
     Knight
     Labrador
     LaHood
     LaMalfa
     Lamborn
     Lance
     Latta
     Long
     Loudermilk
     Love
     Lucas
     Luetkemeyer
     Lummis
     MacArthur
     Marchant
     Marino
     Massie
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     McMorris Rodgers
     McNerney
     McSally
     Meadows
     Meehan
     Messer
     Mica
     Miller (FL)
     Miller (MI)
     Moolenaar
     Mooney (WV)
     Mullin
     Mulvaney
     Murphy (PA)
     Neugebauer
     Newhouse
     Noem
     Nugent
     Nunes
     Olson
     Palazzo
     Palmer
     Paulsen
     Pearce
     Perry
     Peters
     Pittenger
     Pitts
     Poe (TX)
     Poliquin
     Polis
     Pompeo
     Posey
     Price, Tom
     Ratcliffe
     Reed
     Renacci
     Ribble
     Rice (SC)
     Rigell
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rohrabacher
     Rokita
     Rooney (FL)
     Roskam
     Ross
     Rothfus
     Rouzer
     Russell
     Salmon
     Sanford
     Scalise
     Schrader
     Schweikert
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Sinema
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stefanik
     Stewart
     Stivers
     Stutzman
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Trott
     Turner
     Upton
     Valadao
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Walters, Mimi
     Weber (TX)
     Welch
     Wenstrup
     Westerman
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Yoder
     Yoho
     Young (AK)
     Young (IA)
     Young (IN)
     Zeldin
     Zinke

                             NOT VOTING--11

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


                    Announcement by the Acting Chair

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

                              {time}  1854

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


                 Amendment No. 22 Offered by Mr. Tonko

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 198, 
noes 224, not voting 11, as follows:

                             [Roll No. 661]

                               AYES--198

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

                               NOES--224

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

                             NOT VOTING--11

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


                    Announcement by the Acting Chair

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

                              {time}  1858

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


           Amendment No. 23 Offered by Ms. Castor of Florida

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.

[[Page 19284]]

  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 175, 
noes 247, not voting 11, as follows:

                             [Roll No. 662]

                               AYES--175

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

                               NOES--247

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

                             NOT VOTING--11

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


                    Announcement by the Acting Chair

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

                              {time}  1901

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


                 Amendment No. 24 Offered by Mr. Polis

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 206, 
noes 216, not voting 11, as follows:

                             [Roll No. 663]

                               AYES--206

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

                               NOES--216

     Abraham
     Aderholt
     Allen
     Amodei
     Babin
     Barletta
     Barr
     Barton
     Benishek
     Bilirakis
     Bishop (MI)
     Bishop (UT)
     Black
     Blackburn
     Blum

[[Page 19285]]


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

                             NOT VOTING--11

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


                    Announcement by the Acting Chair

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

                              {time}  1905

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



                 Amendment No. 25 Offered by Mr. Barton

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


                             Recorded Vote

  The Acting CHAIR. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIR. This is a 2-minute vote.
  The vote was taken by electronic device, and there were--ayes 255, 
noes 168, not voting 10, as follows:

                             [Roll No. 664]

                               AYES--255

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

                               NOES--168

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

                             NOT VOTING--10

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


                    Announcement by the Acting Chair

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

                              {time}  1910

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Mr. UPTON. Mr. Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.

[[Page 19286]]

Black) having assumed the chair, Mr. Fleischmann, Acting Chair of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 8) to 
modernize energy infrastructure, build a 21st century energy and 
manufacturing workforce, bolster America's energy security and 
diplomacy, and promote energy efficiency and government accountability, 
and for other purposes, had come to no resolution thereon.

                          ____________________