[Senate Report 114-138]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 218
114th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {      114-138

======================================================================



 
              THE ENERGY POLICY MODERNIZATION ACT OF 2015

                                _______
                                

               September 9, 2015.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2012]

    The Committee on Energy and Natural Resources, having 
considered an original bill (S. 2012) to provide for the 
modernization of the energy policy of the United States, and 
for other purposes, reports favorably thereon and recommends 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of the Measure...........................................     1
Background and Need..............................................     1
Legislative History..............................................     9
Committee Recommendation and Tabulation of Votes.................    10
Section-by-Section Analysis......................................    10
Cost and Budgetary Considerations................................    32
Regulatory Impact Evaluation.....................................    32
Congressionally Directed Spending................................    33
Executive Communications.........................................    33
Changes in Existing Law..........................................    33

                                Purpose

    The purpose of this measure is to provide for the 
modernization of the energy policy of the United States.

                          Background and Need

    The United States' rising status as an energy superpower is 
predicated on the continued development and wise use of our 
energy resources. Sweeping increases in energy production and 
significant advances in innovative technologies are creating 
new opportunities for the nation, while looming threats and the 
simple passage of time are generating new challenges. With the 
United States' security and prosperity hanging in the balance, 
new legislation is urgently needed to modernize the nation's 
energy policies for a new era filled with both promise and 
peril.

Energy efficiency

    The Committee on Energy and Natural Resources (the 
Committee) has long recognized the significant benefits of 
energy efficiency efforts in conserving domestic resources, 
saving American consumers money, strengthening economic 
competitiveness, and reducing environmental impacts. The energy 
efficiency ``resource'' plays an increasingly important role in 
the nation's energy strategy. The advancement of cost-effective 
efficiency programs and technologies can contribute to the 
nation's goal of energy independence by reducing demand and 
using supplies in a more effective manner. Title I seeks to 
increase energy efficiency measures in the Federal government, 
as well as in the residential, commercial, and industrial 
sectors.
            Federal government
    According to the Energy Information Administration (EIA), 
the Federal government is the single largest energy consumer in 
the nation. Congress therefore expects the government to pursue 
its own energy efficiency efforts vigorously--not only to 
conserve energy resources and taxpayer dollars, but to lead by 
example in doing so. To that end, Title I directs the head of 
each federal agency to undertake a number of measures, 
including reducing their building energy intensity by 2.5 
percent per year through fiscal year 2025 and working with the 
Office of Management and Budget (OMB) to develop a procurement 
and implementation strategy for energy-efficient and energy-
saving information technologies. Title I further encourages the 
federal agencies to enter into energy savings performance 
contracts and utility energy service contracts.
            Buildings
    At the April 30, 2015 hearing to consider 22 energy 
efficiency-related bills, the Committee received testimony from 
the Department of Energy (DOE) that residential and commercial 
buildings consume more than 40 percent of the nation's total 
energy and more than 73 percent of its electrical energy. Title 
I includes a number of programs designed to use energy more 
efficiently in buildings, by requiring the Secretary of Energy 
to establish revised federal building energy efficiency 
performance standards; promoting energy efficiency in federal 
data centers, and providing for greater energy efficiency in 
model building codes. Title I also reauthorizes the 
weatherization and state energy programs that assist in state 
and local-level development of energy efficiency policies and 
programs.
            Appliances
    Since the 1987 National Appliance Energy Conservation Act, 
minimum energy standards for appliances have resulted in cost-
effective energy savings. The DOE estimates that the 25 new or 
updated standards put in place since 2009, covering more than 
30 products, will provide consumers with almost $1.8 trillion 
in utility bill savings by 2030. Title I therefore includes 
provisions to address federal furnace standards after an 
advisory group completes an analysis of a furnace efficiency 
standard; extend the product system rebate program; and 
establish a rebate program for the replacement of qualified 
energy inefficient transformers.
            Manufacturing
    The manufacturing sector represents approximately 12 
percent of the gross domestic product and uses almost one-third 
of the primary energy in the country. Title I includes 
provisions designed to assist small and medium manufacturers 
with energy-efficiency measures, such as leveraging both 
existing federal agency programs and the research and 
development work on manufacturing infrastructure conducted by 
the national laboratories.
            Vehicles
    Title I also includes provisions designed to address fuel-
efficiencies in vehicles, with a focus on improving the 
Advanced Technology Vehicles Manufacturing (ATVM) program 
established in the Energy Independence and Security Act (EISA) 
of 2007.

Energy Resource Infrastructure

    The strength and reliability of the nation's energy 
resource infrastructure is imperative to safeguard our national 
security interests and maintain our high standard of living. 
Title II contains measures intended to promote more robust U.S. 
energy security infrastructure in order to respond to rapid 
changes in technology and compete in the global marketplace.
            Cyber Security
    The Administration has rightly determined the nation's 
electric grid infrastructure to be ``uniquely'' critical 
because so many other sectors of the economy depend upon it. 
Currently, about 32 percent of reported cyber-attacks involve 
the energy sector. Securing our critical infrastructure at 
power generators, substations, transformers, and power lines 
from ever-changing cyber threats is a constant challenge. 
Congress recognized the importance of cybersecurity protections 
and moved to shield our collective grid system in the Energy 
Policy Act (EPACT) of 2005. That law gave the Federal Energy 
Regulatory Commission (FERC or Commission) the primary 
responsibility for securing the physical and cyber safety of 
the grid and established the Electric Reliability Organization 
to promulgate mandatory reliability standards through an 
inclusive stakeholder process. Title II continues to strengthen 
the grid from cyber incursions by codifying the Secretary of 
Energy as the sector-specific agency with responsibility for 
the energy sector's cyber security protections and providing 
the Secretary with the authority to order actions determined to 
be necessary to protect the grid system from cyber-related 
threats in emergency situations. Title II also creates several 
programs within the Department to identify, enhance and test 
supply chain vulnerabilities and response capabilities between 
the DOE and other agencies, national labs and private industry. 
The programs would work to secure energy networks, bolster 
industry participation in information sharing, address the 
cyber workforce, enhance monitoring tools and expand the DOE's 
cooperation with the intelligence community.
            Strategic Petroleum Reserve
    The rapid growth in oil and gas production in North America 
has prompted the Committee to reevaluate energy policies 
enacted decades ago. The rise in domestic U.S. oil production, 
growth in petroleum product exports, historic declines in net 
oil imports, and modifications to the oil distribution network 
(e.g., pipeline reversals) raise questions about the future 
purpose and design of the Strategic Petroleum Reserve (SPR), 
which was established in the 1970s at a time of acute energy 
shortages. In March 2014, DOE initiated a ``test sale'' to 
evaluate the functionality of the SPR without prior 
Congressional notification and then used some of those proceeds 
to establish regional gasoline reserves in the Northeast, 
without Congressional authorization. As a result, title II is 
needed to modernize the SPR and to require Congressional 
notification of SPR sales in non-emergency situations.
            Trade
    The U.S. presently produces and consumes more natural gas 
than at any time in its history and more than any other country 
in the world. In 2014, the U.S. produced approximately 75 
billion cubic feet (bcf) per day, exported approximately 4 bcf 
per day by pipeline, and imported approximately 7 bcf per day 
by pipeline and tanker.
    According to the EIA, our nation will become a net exporter 
of natural gas by 2020. The U.S. does not presently export any 
liquefied natural gas (LNG), with the exception of a small 
project in Kenai, Alaska. To date, five projects in Louisiana, 
Florida, Texas, and Maryland have received final authorizations 
for a cumulative total of 6.5 bcf per day but are not yet in 
service.
    In contrast to exports via pipeline, natural gas must first 
be liquefied before it can be transported via tanker to global 
markets. Complex infrastructure for LNG exports is therefore 
necessary, including liquefaction plants at the origin and 
regasification facilities at the destination.
    LNG projects require DOE authorization to export the 
commodity and approval from the FERC, which has jurisdiction 
over the physical terminal. Title II is needed to bolster our 
international security efforts and strengthen the American 
economy by codifying a 45-day timeline for the DOE's final 
decision on applications to export natural gas to countries 
that do not have free trade agreements with the United States.
            Electricity and energy storage
    The Administration's 2015 Quadrennial Energy Review (QER) 
recognizes that the electric grid ``must handle a diverse and 
evolving mix of energy sources and energy products; link 
sources, processors, and users across immense distances; match 
demands that vary on multiple time scales; co-exist with 
competing uses of the same systems; and perform 24 hours a day, 
365 days a year with high reliability.'' Maintaining the 
reliability and resiliency of this critical infrastructure is 
essential to our energy security.
    The federal permitting process for electric transmission 
facilities is notoriously slow and unpredictable. According to 
the Electric Reliability Organization (ERO), transmission 
projects in this country require between six and 15 years to 
engineer, site, permit, and construct. In a 2009 Memorandum of 
Understanding (MOU), Regarding Coordination in Federal Agency 
Review of Electric Transmission Facilities on Federal Land, the 
Administration sought to improve ``coordination among project 
applicants, federal agencies and states and tribes involved in 
the permitting process.'' The Administration later created a 
Rapid Response Team for Transmission in 2011 with the nine 
signatory agencies to the earlier MOU in order to accelerate 
the deployment of seven pilot transmission projects. Title II 
is needed for timely siting and permitting of transmission-
related infrastructure and improved coordination across federal 
agencies. Title II also codifies the transmission Rapid 
Response Team and creates as Ombudsperson at the Council of 
Environmental Quality to resolve any intra-agency disputes or 
delays related to the transmission facility permitting process.
    At its hearing on March 17, 2015, the Committee heard 
testimony that economically viable, widely available storage 
would help address the variable and intermittent nature of most 
renewable electricity generation with regard both to utility-
scale and distributed generation. The development of such 
commercially available storage promises to smooth out the 
intermittency of variable, weather-dependent generation, reduce 
the stress placed on baseload generation from ramping demands, 
and facilitate the use of renewable generation to reduce peak 
demand.
    Title II includes a number of provisions needed to 
facilitate modernizing the electric grid, with a concentration 
on research, development and demonstration programs, for grid 
storage and for emerging components of the distribution 
network, including grid management techniques such as 
transactive energy. The provisions also: authorize a new suite 
of analytical tools the DOE would make available to state and 
regional electric grid planners and regulators seeking to 
modernize the portions of the grid within their territory, 
identify overarching policy objectives that reflect the current 
state of technology and best practices nationally, and are 
intended to assist in assigning accurate monetary values to 
emerging grid services. These provisions include a 
collaborative process to develop model grid architecture and 
voluntary policy pathways, performance metrics, and 
distribution network planning assistance. The Committee further 
recognizes that hybrid micro-grid technologies in our country's 
remote communities that are not connected to a larger electric 
grid, particularly in Alaska and the U.S. territories, have the 
potential to increase reliability, lower electricity costs, and 
lessen these isolated areas' dependence on conventional 
generation sources like diesel.

Supply

    The United States cannot achieve energy independence 
without sufficient and reliable energy supplies. The nation's 
geographic diversity and recent technological innovations have 
resulted in an impressive array of domestic supply options. The 
shale gas revolution continues to add record levels of natural 
gas to the nation's supply, thus contributing greatly to our 
growing energy security. The continued deployment of renewable 
resources, particularly those with the ability to provide 
baseload power, is a necessary part of our nation's long-term 
energy strategy. The Committee further recognizes the 
geopolitical importance of producing the nation's critical 
mineral supply instead of relying on foreign sources for those 
base components needed to run everything from cell phones to 
medical devices.
            Renewable resources
    As the largest clean energy resource, hydropower supplies 
52 percent of the electricity generated from renewable 
resources and about 6 percent of the nation's total electricity 
production. Today this baseload resource provides reliable and 
inexpensive power to 30 million homes.
    In the next decade, more than 250 projects, representing 
about 16,000 MW of hydropower capacity, will need to be 
relicensed through a byzantine process that typically takes 
eight to ten years. In EPACT 2005, Congress sought to reform 
the hydropower licensing procedures by providing for trial-type 
hearings on issues of material fact forming the basis for 
mandatory conditions and prescriptions and allowing for the 
consideration of alternatives. Title III is needed to improve 
upon the reforms initiated in 2005 and to make a number of 
procedural reforms designed to coordinate the federal 
permitting process.
    Title III further supports, through research, development 
and demonstration, other renewable energy sources such as 
baseload geothermal, marine hydrokinetic, and biomass.
            Natural gas
    The record growth in gas production, often involving 
regions of the country where such activity has not been 
widespread, has greatly increased demand for new pipelines, 
gathering lines, and other transportation infrastructure. With 
multiple agency involvement, the federal review process can be 
complex and cumbersome, often resulting in delays. Compounding 
the permitting issues, natural gas pipelines may only cross 
National Parks pursuant to a special Act of Congress because 
the Secretary of the Interior lacks the authority to grant such 
access. This issue has come to the forefront in recent years 
because of growing demand for natural gas in the Northeast and 
rising natural gas production in the Marcellus shale (e.g., 
Pennsylvania). The limited infrastructure that connects the two 
regions is greatly constrained, and the area is comprised of 
significant National Park holdings. Title III is needed to 
streamline the federal permitting process.
            Helium
    Helium is a natural element that is generally extracted 
from natural gas and refined for use in magnetic resonance 
imaging, semiconductor manufacturing, military aviation, 
federal research, pressurization and purging systems, leak 
detection, welding, and breathing mixtures. Currently, there is 
no standardized leasing process for helium development on 
federal lands. Ownership of helium on federal lands is instead 
reserved to the government, and leaseholders must request the 
rights to develop helium on a case-by-case basis. Facilitating 
helium production on federal lands and requiring the expedited 
completion of environmental reviews for helium-related projects 
are important objectives.
            Critical minerals
    The United States lacks a clear policy to ensure the 
domestic supply of those minerals that are critical components 
of the technology needed to run defense, energy, electronic and 
medical systems. Minerals affect our daily lives and ability to 
prosper. Establishing a list of the minerals critical to the 
American economy and detailing a cohesive policy to secure a 
domestic supply is essential to the energy security and 
prosperity of the United States.

Accountability

            Loan programs
    DOE currently administers two energy-related loan programs 
through its Loan Programs Office: the so-called ``Section 
1703'' loan guarantee program established by EPACT 2005, and 
the ATVM direct loan program established by the passage of EISA 
2007. Title IV reforms the section 1703 loan programs in order 
to prohibit the subordination of taxpayer interests to those of 
private investors, to require a minimum percentage of credit 
subsidies be paid by borrowers, and to increase program 
transparency. The bill also amends the fee authority for the 
ATVM program and creates a pathway for marine vessel projects 
to be eligible under it. As of now, smaller-scale projects at 
the local level have not had access to the section 1703 loan 
guarantee program, in part due to the high cost of 
participation. As a result, title IV provides that state energy 
financing institutions may participate in the section 1703 
program, and removes the innovation requirement for those 
entities, which in turn can lend to the smaller-scale projects 
at the local level.
            Innovation
    The historic mission of the National Laboratories has 
expanded to include basic science, as well as research, 
development, and deployment related to energy and national 
security. In addition, the National Laboratories house 
scientific instrumentation and facilities that, in many cases, 
are publicly available and unique. DOE currently operates 17 
National Laboratories that are managed by six different 
offices: the Office of Science; National Nuclear Security 
Administration; the Office of Nuclear Energy; the Office of 
Fossil Energy; the Office of Energy Efficiency and Renewable 
Energy; and the Office of Environmental Management. A number of 
studies conducted by government agencies and independent third 
parties have highlighted concerns with the relationship between 
DOE and the management of National Laboratories, the challenges 
with technology transfer, and accessibility of the National 
Laboratories to the public. Title IV addresses these issues.
            Grid reliability
    The nation's grid system is critical electric 
infrastructure. Given its national importance, the Committee 
believes that the reliability of the nation's transmission-
related facilities should be fully considered by Federal 
agencies prior to the adoption of new major federal regulations 
that may significantly affect grid stability. Title IV 
therefore establishes a Reliability Impact Statement 
requirement to ensure that federal regulations preserve grid 
reliability.
    Existing ``baseload'' capacity units, such as nuclear 
units, are capable of operating continuously and providing 
critically necessary grid reliability services. In those parts 
of the country where Regional Transmission Organizations (RTOs) 
are administering so-called ``organized markets,'' nuclear and 
other baseload plants have been and remain at significant risk, 
from a number of factors, of being retired earlier than the 
expected lifetime of the plants. These include: the effects of 
RTO capacity market rules that some stakeholders contend 
artificially depress revenues for the units such that they 
cannot provide a reasonable return that warrants remaining in 
service; government regulations; and preferences for and 
competition from intermittent generation sources. These 
capacity markets have been controversial, however, with a 
number of parties calling for their reform or elimination. It 
is important to gather further information from the RTOs on the 
aggregate electric generating capacity resources available to 
the transmission organization and an assessment of whether the 
market rules are producing meaningful price signals to indicate 
where new supply is needed and to reduce uncertainty.
    In emergency situations, such as when grid reliability is 
threatened, the Secretary of Energy has the ability to order 
electric generating units to run. In the past, this has put 
utilities in a situation where running the plant in compliance 
with the DOE's emergency order could result in that unit 
exceeding an environmental permit, thus subjecting it to 
litigation. Given the paramount importance of a safe and 
reliable electrical grid, title IV provides liability 
protection for those parties subject to an emergency order by 
the Secretary of Energy.
            Management
    According to the Government Accountability Office (GAO), 
the federal government wastes about $2 billion a year 
maintaining some 77,000 unneeded federal buildings. GAO has 
also documented that the Bureau of Land Management (BLM) is 
still holding 3.4 million acres that have been identified for 
disposal through the agency's land use planning process, 
chiefly due to an inaccurate and out-of-date system for 
tracking inventories of buildings and land parcels. The 
Department of the Interior (DOI) maintains more than 100 
different property tracking systems, and the Department of 
Defense (DOD) maintains more than 300 property management 
systems. GAO has even determined the General Services 
Administration's system, which is used by 30 different 
agencies, to be ``unreliable and of limited usefulness.'' The 
Committee believes that establishing a single, multipurpose, 
and uniform computer database at the federal level will allow 
duplicate and wasteful activities to be identified and 
eliminated.
    On January 9, 2014, President Obama issued a presidential 
memorandum establishing a QER Task Force, co-chaired by the 
Director of the Office of Science and Technology Policy and the 
Director of the Domestic Policy Council and including the heads 
of thirteen departments and several governmental agencies and 
organizations. On April 28, the Committee conducted an 
oversight hearing on the first installment of the 
Administration's QER, which focused on the infrastructure 
necessary for transporting, transmitting, and delivering 
energy. Establishing, in law, a QER Task Force comprised of 
high-level agency officials to review the nation's energy 
policy every four years will be beneficial.
    Energy data is critical in assisting consumers, industry, 
policymakers and regulators in making educated decisions. This 
is particularly important at points in time when our energy 
systems are in major transition, as is the case today. The 
Energy Markets section would boost the EIA's ability to collect 
data on energy traders, and the kinds of entities engaged in 
both the physical and financial energy markets. It would 
establish the Office of Financial Market Analysis at the EIA, 
along with an interagency working group on energy markets that 
would span the DOE and FERC, along with the regulators at the 
Securities Exchange Commission, Commodity Futures Trading 
Commission and the Department of Treasury.

Conservation reauthorization

    Authorizations for the Land and Water Conservation Fund 
(LWCF) and the Historic Preservation Fund are both set to 
expire at the end of this fiscal year. At the same time, there 
is a significant maintenance backlog at some of our most 
treasured National Parks. Title V permanently reauthorizes the 
LWCF program in a way that balances land acquisition with other 
conservation programs important to states and also permanently 
reauthorizes the Historic Preservation Fund. To address the 
problem of needed maintenance at the national parks, title V 
also establishes a National Park Maintenance and Revitalization 
Fund.

                          Legislative History

    The Committee on Energy and Natural Resources held four 
oversight hearings on subjects relevant to its consideration of 
energy policy in the first four months of the 114th Congress. 
The four hearings were on the state of technological innovation 
related to the electric grid (March 17, 2015); the Energy 
Information Administration's annual energy outlook for 2015 
(April 16, 2015); reauthorization and potential reforms to the 
Land and Water Conservation Fund (LWCF) (April 22, 2015); and 
the Administration's Quadrennial Energy Review (QER) (April 28, 
2015).
    The Committee on Energy and Natural Resources held six 
legislative hearings on the subjects of liquefied natural gas 
(LNG) (S. 33, the LNG Permitting Certainty and Transparency 
Act) (January 29, 2015); energy efficiency (April 30, 2015); 
critical minerals (S. 883, the American Mineral Security Act of 
2015) (May 12, 2015); energy infrastructure (May 14, 2015); 
energy supply (May 19, 2015); and energy accountability and 
reform (June 9, 2015) to consider a total of 114 introduced 
bills.
    Subsequently, on July 22, 2015, the Chairman and Ranking 
Member circulated to Members of the Committee a draft of an 
original bill drawn from a combination of approximately 50 of 
the measures considered during the legislative hearings.
    The Committee marked up the draft bill over the course of 
three days in an open business meeting starting on July 28, 
2015 and continuing on July 29, 2015 and July 30, 2015. The 
Committee considered 59 amendments, of which 34 were adopted, 
nine were rejected, and 15 were offered and withdrawn. The 
Committee on Energy and Natural Resources met in open business 
session on July 30, 2015 to consider the draft, and ordered an 
original bill favorably reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on July 30, 2015, by a majority vote of a 
quorum present, recommends that the Senate pass an original 
bill, as described herein.
    The roll call vote on reporting the measure was 18 yeas, 4 
nays, as follows:
        YEAS                          NAYS
Ms. Murkowski                       Mr. Lee*
Mr. Barrasso                        Mr. Flake*
Mr. Risch                           Mr. Sanders*
Mr. Daines                          Ms. Stabenow*
Mr. Cassidy
Mr. Gardner
Mr. Portman
Mr. Hoeven
Mr. Alexander*
Ms. Capito
Ms. Cantwell
Mr. Wyden*
Mr. Franken
Mr. Manchin
Mr. Heinrich
Ms. Hirono
Mr. King
Ms. Warren

*Indicates vote by proxy.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

    Section 1 provides a short title and table of contents.

Section 2. Definitions

    Section 2 defines key terms.

                          TITLE I--EFFICIENCY


                         SUBTITLE A--BUILDINGS

Section 1001. Greater energy efficiency in building codes

    Section 1001(a) amends section 303 of the Energy 
Conservation and Production Act (ECPA) to add certain 
definitions; section 1001(b) amends section 304 of ECPA to 
require that the Secretary of Energy encourage and support the 
adoption of building energy codes by States, local governments, 
or Indian tribes that meet or exceed model building energy 
codes; section 1001(d) amends section 307 of ECPA to require 
that the Secretary of Energy support the updating of model 
building energy codes.

Section 1002. Budget-neutral demonstration program for energy and water 
        conservation improvements at multifamily residential units

    Section 1002 directs the Secretary of Housing and Urban 
Development (HUD) to conduct a pilot project that demonstrates 
the use of budget-neutral, performance-based agreements for 
energy or water conservation improvements in HUD multifamily 
housing.

Section 1003. Coordination of energy retrofitting assistance for 
        schools

    Section 1003 directs the Department of Energy's (DOE) 
Office of Energy Efficiency and Renewable Energy (EERE) to 
coordinate and disseminate information on existing Federal 
programs that may be used to help initiate, develop, and 
finance energy efficiency, renewable energy, and energy 
retrofitting projects for schools.

Section 1004. Energy efficiency retrofit pilot program

    Section 1004 directs the Secretary of Energy to establish a 
pilot program to award grants for the purpose of retrofitting 
nonprofit buildings with energy-efficiency improvements.

Section 1005. Utility energy service contracts

    Section 1005 amends section 546 of the National Energy 
Conservation Policy Act (NECPA) to extend the maximum potential 
contract period of utility energy service contracts from 10 to 
25 years.

Section 1006. Use of energy and water efficiency measures in Federal 
        buildings

    Section 1006 amends contracting authority and reporting in 
NECPA to encourage Federal agencies to enter into energy 
savings performance contracts and utility energy service 
contracts to implement energy and water conservation measures 
at Federal buildings. Section 1006(g) specifies that the term 
``federal building'' does not include a dam, reservoir, or 
hydropower facility owned or operated by a Federal agency.

Section 1007. Building training and assessment centers

    Section 1007 directs the Secretary of Energy to provide 
grants to institutions of higher education and Tribal Colleges 
or Universities to establish building training and assessment 
centers.

Section 1008. Career skills training

    Section 1008 directs the Secretary of Energy to provide 
grants to eligible entities to cover a portion of the cost of 
career skills training programs that lead to students receiving 
an industry-related certification for the installation of 
energy efficient building technologies.

Section 1009. Energy-efficient and energy-saving information 
        technologies

    Section 1009 amends section 543 of NECPA by adding a 
section that directs the Director of the Office of Management 
and Budget (OMB) to collaborate with each Federal agency to 
develop an implementation strategy for the maintenance, 
purchase, and use of energy-efficient and energy-saving 
information technologies.

Section 1010. Availability of funds for design updates

    Section 1010 amends section 3307 of title 40 of the U.S. 
Code to allow the Administrator of General Services to use 
appropriated funds to update the design of a building for which 
the design has been substantially completed but on which 
construction has not begun to meet applicable Federal building 
energy efficiency standards.

Section 1011. Energy efficient data centers

    Section 1011 amends section 453 of the Energy Independence 
and Security Act (EISA) of 2007 to update the Voluntary 
National Information Program. The section requires the 
development of a metric for data center energy efficiency, and 
the Secretary of Energy and Director of OMB to maintain a data 
center energy practitioner program and an open data initiative 
for Federal data center energy usage.

Section 1012. Weatherization Assistance Program

    Section 1012(a) amends section 422 of ECPA to reauthorize 
the Weatherization Assistance Program. Subsection (b) adds a 
new section 414C to ECPA to require the Secretary of Energy to 
provide competitive grants to nonprofit organizations with a 
record of making energy efficient improvements to conduct 
housing energy retrofits for low-income persons.

Section 1013. Reauthorization of State energy program

    Section 1013 amends section 365(f) of Energy Policy 
Conservation Act (EPCA) to reauthorize the State Energy 
Program.

Section 1014. Smart building acceleration

    Section 1014 directs the Secretary of Energy to establish 
the ``Federal Smart Building Program'' to demonstrate the costs 
and benefits of implementing smart building technology and to 
undertake research and development to address barriers to the 
integration of such technology.

Section 1015. Repeal of fossil phase-out

    Section 1015 amends section 305(a)(3) of ECPA to repeal the 
requirement that new Federal buildings and Federal buildings 
undergoing major renovations phase out fossil fuel-generated 
energy consumption by 2030.

Section 1016. Federal building energy efficiency performance standards

    Section 1016(a) amends section 303 of ECPA to expand the 
scope of building energy efficiency performance standards for 
new federal buildings to include major renovations. Subsection 
(b) amends section 305(a)(3) of ECPA to require the Secretary 
of Energy to establish more stringent revised Federal building 
energy efficiency performance standards for new Federal 
buildings and Federal buildings with major renovations unless 
demonstrated not to be lifecycle cost effective.

Section 1017. Codification of Executive Order

    Section 1017 directs the head of each Federal agency to 
reduce their building energy intensity by 2.5 percent per year 
for fiscal years 2016 through 2025.

Section 1018. Certification for green buildings

    Section 1018 amends section 305 of ECPA to direct the 
Secretary of Energy to determine which certification systems 
for green commercial and residential buildings are the most 
likely to encourage a comprehensive and environmentally sound 
approach to the certification of green buildings.

Section 1019. High performance green federal buildings

    Section 1019 amends section 436(h) of EISA 2007 to require 
the Federal Director of the Office of Federal High-Performance 
Green Buildings within the General Services Administration to 
identify and provide to the Secretary of Energy with a list of 
certification systems most likely to encourage a comprehensive 
and environmentally sound approach to certification of green 
buildings.

Section 1020. Evaluation of potentially duplicative green building 
        programs within Department of Energy

    Section 1020 requires the Secretary of Energy to evaluate 
potentially duplicative green building programs within the DOE, 
and to determine if there are ways to eliminate overlap, 
improve coordination, and increase their effectiveness.

Section 1021. Study and report of energy savings benefits of 
        operational efficiency programs and services

    Section 1021 requires the DOE to conduct a study that 
results in a report to quantify the energy savings benefits of 
operational efficiency programs and services for commercial, 
institutional, industrial, and governmental entities.

                         SUBTITLE B--APPLIANCES

Section 1101. Extended product system rebate program

    Section 1101 directs the Secretary of Energy to establish a 
rebate program to encourage the replacement of energy 
inefficient electric motors.

Section 1102. Energy efficient transformer rebate program

    Section 1102 directs the Secretary of Energy to establish a 
rebate program to encourage the replacement of energy 
inefficient transformers.

Section 1103. Standards for certain furnaces

    Section 1103 amends section 325(f)(4) of EPCA to make any 
action regarding a final rule contingent upon a determination 
by an advisory group convened by the Secretary of Energy 
regarding whether a nationwide requirement for a condensing 
furnace efficiency standard is technically feasible and 
economically justified.

Section 1104. Third-party certification under Energy Star program

    Section 1104 amends section 324A of EPCA by directing the 
Administrator to revise the certification requirements for 
Energy Star program partners that manufacture consumer 
electronic products and have complied with all program 
requirements for at least 18 months.

Section 1105. Energy conservation standards for commercial 
        refrigeration equipment

    Section 1105 postpones the implementation of new DOE energy 
efficiency standards for specific types of commercial 
refrigerators that conflict with new regulations from the 
Environmental Protection Agency (EPA) that phase out the use of 
certain refrigerants. This delay allows affected manufacturers 
time to redesign their refrigerators to meet requirements from 
both agencies.

Section 1106. Voluntary verification programs for air conditioning, 
        furnace, boiler, heat pump, and water heater products

    Section 1106 amends section 326(b) of EPCA to require DOE 
to recognize certain qualified voluntary, independent 
certification programs for energy conservation standards for 
air conditioning, furnace, boiler, heat pump, and water heater 
products, and to rely on these programs to verify the 
performance rating of these products, provide annual reports of 
all test results, and maintain a publicly available list of all 
certified models.

                       SUBTITLE C--MANUFACTURING

Section 1201. Manufacturing energy efficiency

    Section 1201 amends section 452 of EISA 2007 to add the 
``Future of Industry Program'' and ``Sustainable Manufacturing 
Initiative.'' These programs direct Industrial Assessment 
Centers to coordinate with other Federal manufacturing 
programs, National Laboratories, and energy service and 
technology providers, and direct DOE's Office of EERE to 
provide onsite technical assessments to manufacturers seeking 
efficiency opportunities.

Section 1202. Leveraging existing Federal agency programs to assist 
        small and medium manufacturers

    Section 1202 directs the Secretary of Energy to expand the 
scope of technologies covered by the Industrial Assessment 
Centers of the Department to include smart manufacturing 
technologies and practices and equip the Centers' Directors 
with tools and training to provide technical assistance in 
smart manufacturing to manufactures.

Section 1203. Leveraging smart manufacturing infrastructure at National 
        Laboratories

    Section 1203 directs the Secretary of Energy to study and 
implement ways for small and medium manufacturers to access the 
high-performance computing facilities at National Laboratories.

                          SUBTITLE D--VEHICLES

Section 1301. Short title

    Section 1301 provides a short title for the subtitle.

Section 1302. Objectives

    Section 1302 lays out the objectives of the subtitle.

Section 1303. Coordination and nonduplication

    Section 1303 requires the Secretary of Energy to ensure, to 
the maximum extent practicable, that the activities authorized 
by this subtitle are not duplicative of other programs.

Section 1304. Authorization of appropriations

    Section 1304 authorizes appropriations through Fiscal Year 
2020 for the DOE's vehicle technologies program.

Section 1305. Reporting

    Section 1305 requires annual reports through Fiscal Year 
2020 for the DOE's vehicle technologies program.

                PART I--VEHICLE RESEARCH AND DEVELOPMENT

Section 1306. Program

    Section 1306 authorizes a program of basic and applied 
research, development, engineering, demonstration, and 
commercial application activities for materials, technologies, 
and processes that could reduce petroleum use in passenger and 
commercial vehicles.

Section 1307. Manufacturing

    Section 1307 authorizes a program of research, development, 
engineering, demonstration, and commercial application for 
advanced vehicle manufacturing technologies and practices.

    PART II--MEDIUM- AND HEAVY-DUTY COMMERCIAL AND TRANSIT VEHICLES

Section 1308. Program

    Section 1308 authorizes a program of cooperative research, 
development, demonstration, and commercial application 
activities on advanced technologies for medium- to heavy-duty 
commercial, vocational, recreational, and transit vehicles.

Section 1309. Class 8 truck and trailer systems demonstration

    Section 1309 authorizes a program to demonstrate the 
integration of multiple advanced technologies on Class 8 truck 
and trailer platforms.

Section 1310. Technology testing and metrics

    Section 1310 directs the Secretary of Energy to develop 
standard testing procedures for evaluating the performance of 
advanced heavy vehicle technologies.

Section 1311. Nonroad systems pilot program

    Section 1311 authorizes a pilot program of research, 
development, demonstration, and commercial application for 
technologies to improve total machine or system efficiency for 
nonroad mobile equipment.

                        PART III--ADMINISTRATION

Section 1312. Repeal of existing authorities.

    Section 1312 repeals a number of provisions within the U.S. 
Code that are no longer necessary as a result of this subtitle.

                        TITLE II--INFRASTRUCTURE


                       SUBTITLE A--CYBERSECURITY

Section 2001. Cybersecurity threats

    Section 2001 adds a new section, 224, to the Federal Power 
Act (FPA). The new section 224(b) provides the Secretary of 
Energy with emergency authority to protect the bulk-power 
system (BPS) from cybersecurity threats. The new section 224(c) 
specifies the duration of the emergency authority. The new 
section 224(d) directs the Federal Energy Regulatory Commission 
(FERC or Commission) to adopt regulations to permit entities 
subject to an emergency order under this section to seek 
recovery of prudently-incurred costs required to implement 
actions ordered by the Secretary, to designate critical 
electric infrastructure information (CEII), to prohibit the 
unauthorized disclosure of CEII, and to ensure there are 
appropriate sanctions in place for the knowing and willful 
disclosure of such protected information by FERC personnel or 
agents of the Commission. The new subsection 224(d)(1) protects 
CEII from disclosure under federal or state sunshine laws.

Section 2002. Enhanced grid security

    Section 2002 codifies the DOE as the Sector-Specific Agency 
for cybersecurity for the energy sector and specifies the DOE's 
duties with regard to that role. Directs the Secretary to carry 
out a cybersecurity-related research, development, and 
demonstration program; perform pilot demonstration projects for 
new technologies; and develop workforce curricula for energy 
sector-related cybersecurity.

                SUBTITLE B--STRATEGIC PETROLEUM RESERVE

Section 2101. Strategic Petroleum Reserve test drawdown and sale 
        notification and definition change

    Section 2101(a) amends section 161 of EPCA to require DOE 
to notify Congress prior to any Strategic Petroleum Reserve 
(SPR) test sale, with an exception for emergency drawdowns, and 
to submit a report following any sale. Section 2101(b) amends 
section 3 of EPCA to include terrorism as a qualifying cause of 
severe energy disruption.

Section 2102. Strategic Petroleum Reserve mission readiness 
        optimization

    Section 2102 requires DOE to conduct a strategic review of 
SPR and develop proposals related to its role in national 
policy, relevant legal authorities, configuration and 
performance, and long-term effectiveness.

Section 2103. Strategic Petroleum Reserve modernization

    Section 2103(a) reaffirms the strategic importance of the 
SPR. Section 2103(b) restricts the uses of funds raised from 
any drawdown to purposes directly related to either the 
operation of the Reserve or projects that enhance U.S. energy 
security. Section 2103(c) amends the definition of ``related 
facility'' to include terminals.

                           SUBTITLE C--TRADE

Section 2201. Action on applications to export liquefied natural gas

    Section 2201(a) requires the Secretary of Energy to issue a 
final decision, approving or disapproving, any application to 
export natural gas to countries that do not have free trade 
agreements with the United States no later than 45 days after 
the FERC or Maritime Administration has concluded the review 
required by the National Environmental Policy Act of 1969 
(NEPA). Section 2201(c)(1) grants, to the U.S. Court of Appeals 
for the District of Columbia Circuit or the circuit in which 
the liquefied natural gas export facility will be located, 
original and exclusive jurisdiction over any civil action for 
the review of an order issued by the Secretary of Energy with 
respect to such an application or the Secretary's failure to 
issue a final decision on such an application. Section 
2201(c)(3) provides for expedited consideration of civil 
actions brought under the section, and, in the case of covered 
applications. Section 2201(c)(4) provides for the transfer of 
petitions for review upon the motion of an applicant.

Section 2202. Public disclosure of liquefied natural gas export 
        destinations

    Section 2202 amends section 3 of the Natural Gas Act to 
require DOE to collect data on exports of liquefied natural 
gas, and to require that this data be made public.

Section 2203. Energy data collaboration

    Section 2203 requires the Energy Information Administration 
(EIA) to collaborate with Mexican and Canadian officials to 
improve the collection of cross-border energy data and provide 
periodic updates to the Congressional committees of 
jurisdiction.

               SUBTITLE D--ELECTRICITY AND ENERGY STORAGE

Section 2301. Grid storage program

    Section 2301 directs the Secretary of Energy to conduct a 
research, development, and demonstration program for electric 
grid energy storage to address challenges identified in the 
2013 DOE Strategic Plan for Grid Energy Storage.

Section 2302. Electric system grid architecture, scenario development, 
        and modeling

    Section 2302 requires the Secretary of Energy to establish 
a collaborative process to develop model grid architecture and 
a set of future scenarios for the electric system to examine 
the impacts of different combinations of resources and then 
determine whether the creation of any additional standards for 
ensuring the interoperability of the grid system and associated 
communications networks are required.

Section 2303. Technology demonstration on the distribution system

    Section 2303 directs the Secretary of Energy to establish a 
grant program to carry out eligible projects related to the 
modernization of the electric grid and requires the development 
of a cybersecurity plan and the performance of privacy risk 
analysis for those projects.

Section 2304. Hybrid micro-grid systems for isolated and resilient 
        communities

    Section 2304 requires the Secretary of Energy to establish 
a program to promote the development of hybrid micro-grid 
systems for isolated communities and micro-grid systems to 
increase the resilience of critical infrastructure.

Section 2305. Voluntary model pathways

    Section 2305 requires the Secretary of Energy to initiate 
development of voluntary model pathways for modernizing the 
electric grid through a collaborative public-private effort to 
facilitate certain objectives, and establishes a Steering 
Committee to facilitate the development.

Section 2306. Performance metrics for electricity infrastructure 
        providers

    Section 2306 requires the Secretary of Energy to submit to 
Congress within two years after enactment a report that 
includes an evaluation of the performance of the electric grid 
in light of metrics to be developed and a description of the 
costs and benefits associated with certain evaluated scenarios 
developed under section 2302.

Section 2307. State and regional distribution planning

    Section 2307(a) requires the Secretary of Energy, upon the 
request of the State, to partner with States and regional 
organizations to facilitate development of State and regional 
electric distribution plans by conducting a resource assessment 
and developing open source tools for planning and operations. 
Section 2307(c) authorizes the Secretary to provide technical 
assistance to States and others.

Section 2308. Authorization of appropriations

    Section 2308 provides an authorization of appropriations to 
carry out sections 2302 through 2307.

Section 2309. Electric transmission infrastructure permitting

    Section 2309(a) codifies the Interagency Rapid Response 
Team for Transmission to improve the efficiency of electric 
transmitting infrastructure permitting. Section 2309(b) 
establishes the position of Transmission Ombudsperson within 
Council on Environmental Quality (CEQ) to resolve delays and 
complaints related to the electric transmission infrastructure 
permitting process. Section 2309(c) ensures the continuity of 
existing use and occupancy right-of-ways granted across public 
lands or National Forest System land (including vegetation 
management agreements, where applicable) for the transmission 
of electric energy by any Federal department or agency by 
providing for agreements between such Federal entities and the 
Secretaries of the Interior or Agriculture.

Section 2310. Report by transmission organizations on distributed 
        energy resources and micro-grid systems

    Section 2310 requires Transmission Organizations to submit 
a report to FERC within six months identifying barriers to the 
deployment of distributed energy systems and micro-grid 
systems, as well as potential changes to the operational 
requirements for, or the charges associated with, the 
interconnection of these resources to the Transmission 
Organization.

Section 2311. Net metering study guidance

    Section 2311 amends Title 18 of the Energy Policy Act 
(EPACT) of 2005 and requires the Secretary of Energy to issue 
guidance on criteria for net metering studies conducted by the 
DOE and directs the DOE to undertake a study of net energy 
metering.

                         SUBTITLE E--COMPUTING

Section 2401. Exascale computer research program

    Section 2401 requires the Secretary of Energy to conduct a 
research program, and establish two or more National Lab 
partnerships with industry and institutes of higher education, 
to develop two or more exascale computing systems at DOE.

                           TITLE III--SUPPLY


                         SUBTITLE A--RENEWABLES

                         PART I--HYDROELECTRIC

Section 3001. Hydropower regulatory improvements

    Section 3001 amends the FPA by designating the FERC as the 
lead agency to set a binding schedule and coordinate all needed 
federal authorizations in order to address hydropower 
permitting backlogs; authorizes the Chairman of the CEQ to 
resolve any interagency disputes to ensure timely participation 
and decision-making by the resource agencies; makes 
improvements to the trial-type hearing process established in 
EPACT 2005, including requiring the FERC's existing 
Administration Law Judges to preside over the hearings; and 
requires FERC to maintain an official consolidated record of a 
licensing proceeding and directs the Commission to establish a 
voluntary pilot program to consider a region-wide approach to 
hydropower licensing.

Section 3002. Hydroelectric production incentives and efficiency 
        improvements

    Section 3002 extends the incentives for hydroelectric 
production and efficiency improvements contained in EPACT 2005 
through Fiscal Year 2025.

Section 3003. Extension of time for a Federal Energy Regulatory 
        Commission project involving Clark Canyon Dam

    Section 3003 reinstates the FERC hydropower license for 
Clark Canyon Dam in Montana and extends the project start time 
for construction for three years.

Section 3004. Extension of time for a Federal Energy Regulatory 
        Commission project involving Gibson Dam

    Section 3004 authorizes the FERC to extend the project 
start time for construction of the Gibson Dam in Montana for 
six years.

                          PART II--GEOTHERMAL

                      SUBPART A--GEOTHERMAL ENERGY

Section 3005. National goals for production and site identification

    Section 3005 provides a Sense of Congress for geothermal 
energy urging the Secretary of Interior to ``significantly 
increase'' geothermal production from federal lands, while 
asking the U.S. Geological Survey (USGS) to identify sites 
capable of producing 50,000 megawatts of geothermal power using 
the full range of available technologies, within 10 years.

Section 3006. Priority areas for development on Federal land

    Section 3006 directs the Bureau of Land Management (BLM) to 
identify high priority areas for geothermal development and to 
facilitate required leasing and development.

Section 3007. Facilitation of coproduction of geothermal energy on oil 
        and gas leases

    Section 3007 amends section 4(b) of the Geothermal Steam 
Act (GSA) of 1970 to allow geothermal development by co-
production of electricity from oil and gas leases on federal 
lands using geothermal technologies.

Section 3008. Noncompetitive leasing of adjoining areas for development 
        of geothermal resources

    Section 3008 amends section 4(b) of the GSA 1970 to set up 
a noncompetitive leasing process where existing geothermal 
leaseholders on federal lands can move to lease adjoining lands 
administratively without rebidding. The amended section 4(b) 
sets the fair market value per acre that must be paid to gain 
such leases, sets minimum and maximum lease prices, lists the 
standards that must be met by lessees to gain lands, and limits 
the amount of land that can be acquired without competitive 
bids.

Section 3009. Large-scale geothermal energy

    Section 3009 adds a new section 616A to EISA 2007 to 
authorize the Secretary of Energy to conduct additional types 
of research involving geothermal energy technologies. The new 
section defines the specific types of research that may be 
conducted, details how entities can apply for grants to conduct 
demonstration projects, and authorizes research into the 
environmental impacts of such technologies.

Section 3010. Report to Congress

    Section 3010 requires the Secretary of Energy to report to 
Congress within three years on the progress made by research 
into geothermal technologies and requires an additional report 
every five years thereafter.

Section 3011. Authorization of appropriations

    Section 3011 provides an authorization of appropriations 
for Subpart A of Part II of Title III.

                   SUBPART B--GEOTHERMAL EXPLORATION

Section 3012. Geothermal exploration test projects

    Section 3012 adds a new section 30 to GSA 1970 to allow for 
the use of a categorical exclusion to NEPA to permit geothermal 
exploration test wells to be drilled. The new section limits 
when the exclusion can be in place by acreage and environmental 
impacts and requires complete restoration of any site within 
three years, allows the relevant Secretary to deny any 
exclusion based on ``extraordinary circumstances'' as defined 
by existing regulations, and includes review and public notice 
provisions.

                     PART III--MARINE HYDROKINETIC

Section 3013. Definition of marine and hydrokinetic renewable energy

    Section 3013 amends section 632 of EISA 2007 to revise the 
definition of marine hydrokinetic energy, broadening it beyond 
only electrical energy.

Section 3014. Marine and hydrokinetic renewable energy research and 
        development.

    Section 3014 amends both EPACT 2005 and EISA 2007 to revise 
DOE's authorizations for research, development, and 
demonstration programs and commercial application efforts 
involving marine hydrokinetic technology to cover current, 
tidal, wave, and thermal technologies. The amendments define 
allowable research areas, coordinate research, and allow for 
support of in-water demonstrations of technologies and for 
partnerships with international entities, research centers, and 
businesses.

Section 3015. National Marine Renewable Energy Research, Development, 
        and Demonstration Centers

    Section 3015 amends EISA 2007 to authorize the National 
Marine Renewable Energy Research, Development and Demonstration 
Centers to participate in demonstration projects, support in-
water testing, support arrays of technology devices, and serve 
as information clearinghouses.

Section 3016. Authorization of appropriations

    Section 3016 amends EISA 2007 to reauthorize federal 
funding for marine hydrokinetic research.

                            PART IV--BIOMASS

Section 3017. Bio-power

    Section 3017 amends section 9008 of the Farm Security and 
Rural Investment Act of 2002 to: provide research assistance 
for the development of woody biomass heat and bio-power 
projects; expands the authority of the Biomass Research and 
Development Board to consider woody biomass heat and bio-power 
projects and authorizes grants to support innovation and market 
development of woody biomass heat and bio-power systems; 
requires the Secretaries of Agriculture and Energy to set up 
two working groups to collaborate on project implementation and 
to share best practices; establishes a low-interest loan 
program in the Department of Agriculture's Rural Development 
Office to support the construction of residential, commercial 
or institutional and industrial woody biomass heat and bio-
power systems; and permits loans for woody biomass heat 
residential, commercial or institutional, and industrial wood 
energy systems to be made under the Energy Efficiency and 
Conservation Loan Program under section 2 of the Rural 
Electrification Act of 1936.

                        SUBTITLE B--OIL AND GAS

Section 3101. Amendments to the Methane Hydrate Research and 
        Development Act of 2000

    Section 3101 amends and reauthorizes the Methane Hydrate 
Research and Development Act of 2000. The amendments authorize 
basic and applied research to identify, explore, assess, and 
develop methane hydrate as a commercially viable source of 
energy and to identify the environmental, health, and safety 
impacts of such development; authorizes the identification of 
methane hydrate concentrations in the Gulf of Mexico and 
Atlantic Basin; authorizes basic and applied research, expanded 
education and training programs in methane hydrate resource 
research, and long-term environmental monitoring and research 
programs into the effects of the production of methane hydrate 
reservoirs.

Section 3102. Liquefied natural gas study

    Section 3102 requires the Secretary of Energy submit within 
1 year of enactment a study on the regional economic impacts, 
including on the manufacturing sector and other issues, of 
exporting liquefied natural gas. Requires the Secretary to 
consult the National Association of Regulatory Utility 
Commissioners and the National Association of State Energy 
Officials.

Section 3103. FERC process coordination with respect to regulatory 
        approval of gas projects

    Section 3103 designates the FERC as the lead agency for all 
Federal authorizations and NEPA compliance related to natural 
gas transportation; expresses the sense of Congress that all 
such authorizations should be issued no later than 90 days 
after applications are deemed complete, and directs FERC to 
establish an interagency schedule and to refer all interagency 
disputes to the CEQ for prompt resolution; directs the 
Commission to maintain consolidated records of all relevant 
proceedings, and requires other agencies to defer to FERC and 
to undertake concurrent reviews if possible; requires any 
agency that does not adhere to the schedule to notify Congress 
and the FERC of its failure and provide a plan to rectify; and 
requires the FERC to make publicly available the updated 
schedule for each application with points of contact, expected 
date of completion, and explanations of delay.

Section 3104. Pilot program

    Section 3104 requires the BLM to establish a single-state, 
3-year-long pilot program to streamline drilling permits in 
spacing units wherein the Federal Government does not own or 
hold more than 25 percent of the subsurface minerals and does 
not own or hold surface area. Subsection (c) authorizes funding 
for 10 full-time equivalents and requires a report to Congress 
after four years.

                           SUBTITLE C--HELIUM

Section 3201. Rights to helium

    Section 3201(b) requires the expedited completion of 
environmental reviews for helium-related projects. Section 
3201(c) amends the Mineral Leasing Act to repeal the Federal 
government's reservation of the first right to helium located 
on leased lands. Section 3201(d) provides the first right of 
refusal to explore for helium on leased lands to the lessee.

                     SUBTITLE D--CRITICAL MINERALS

Section 3301. Definitions

    Section 3301 defines key terms used in the subtitle.

Section 3302. Policy

    Section 3302 amends section 3 of the National Materials and 
Minerals Policy, Research and Development Act of 1980 to 
modernize the congressional declaration of federal mineral 
policies.

Section 3303. Critical mineral designations

    Section 3303 requires the Secretary of the Interior, acting 
through the Director of the USGS, to establish a methodology 
for the designation of critical minerals based on the potential 
for supply disruptions and the importance of their use; and 
requires the list of critical minerals to be reviewed and 
updated at least every three years.

Section 3304. Resource assessment

    Section 3304 requires the Secretary of the Interior, in 
coordination with State geological surveys, to identify and 
quantify critical mineral resources throughout the United 
States within four years; and requires a report on the status 
of geological surveying for any mineral on which the United 
States is more than 25 percent import dependent, but which is 
not designated as a critical mineral.

Section 3305. Permitting

    Section 3305 outlines a series of performance improvements 
and reporting requirements to reduce delays in the federal 
permitting process for mines that will produce critical 
minerals. Section 3305(c) requires the development of a 
performance metric to evaluate progress made in improving 
permitting efficiency. Section 3305(e) directs OMB to include 
mining projects on the Federal Infrastructure Projects 
Permitting Dashboard. Section 3305(f) requires a report from 
the Small Business Administration on regulations affecting the 
critical minerals industry.

Section 3306. Federal Register process

    Section 3306 requires Federal Register notices to be 
completed within 45 days, prepared at the organization level of 
the agency, and transmitted from the office in which the 
documents or meetings are held or the activity is initiated.

Section 3307. Recycling, efficiency, and alternatives

    Section 3307 directs the Secretary of Energy to conduct a 
program of research and development to promote the efficient 
production, use, and recycling of critical minerals throughout 
the supply chain, and to develop alternatives to critical 
minerals that do not occur in significant abundance in the 
United States.

Section 3308. Analysis and forecasting

    Section 3308 directs the Secretary of the Interior, in 
consultation with the EIA, to establish a forecasting 
capability for critical mineral reliance, production, price, 
recycling, and related factors; requires a new ``Annual 
Critical Minerals Outlook;'' and protects proprietary data.

Section 3309. Education and workforce

    Section 3309 provides for a workforce assessment, 
curriculum development, and programs related to critical 
minerals at institutions of higher education.

Section 3310. National geological and geophysical data preservation 
        program

    Section 3310 reauthorizes the program created by section 
351 of EPACT 2005.

Section 3311. Administration

    Section 3311 repeals the National Critical Materials Act of 
1984, makes conforming amendments, and provides two savings 
clauses related to the effect of the critical minerals 
subtitle.

Section 3312. Authorization of appropriations

    Section 3312 provides an authorization of appropriations 
for subtitle D.

                            SUBTITLE E--COAL

Section 3401. Fossil energy

    Section 3401 amends section 961(a) of EPACT 2005 to include 
improvement of conversion, use, and storage of carbon dioxide 
produced from fossil fuels as an objective in the research, 
development, demonstration, and commercial application programs 
for fossil energy at the DOE.

Section 3402. Establishment of coal technology program

    Section 3402 repeals the existing EPACT 2005 coal programs, 
and establishes a new coal technology program, which includes 
programs for research and development, large-scale pilot 
projects, and demonstration projects. The program objectives 
are reliable power, conversion efficiencies, carbon capture and 
storage, reduction of emissions, and water discharge 
management. The amendment authorizes $610 million annually from 
2017-2020, and $560 million for 2021.

                          SUBTITLE F--NUCLEAR

Section 3501. Report on fusion and fission reactor prototypes

    Section 3501 requires a report on fusion and fission 
reactor prototypes. Requires DOE to submit a report to Congress 
that assesses its capability to host privately-funded fusion 
and fission reactor prototypes at DOE-owned sites.

Section 3502. Next generation nuclear plant project

    Section 3502 removes the requirement that the project be 
built in a specific state.

                   SUBTITLE G--WORKFORCE DEVELOPMENT

Section 3601. 21st Century Energy Workforce Advisory Board

    Section 3601 establishes the 21st Century Energy Workforce 
Advisory Board at DOE to develop a strategy for the support and 
development of a skilled workforce, including underrepresented 
populations, to meet current and future energy sector needs.

Section 3602. Energy workforce pilot grant program

    Section 3602 establishes a four year pilot program to award 
competitive grants for job training programs that lead to an 
industry-recognized credential.

                         SUBTITLE H--RECYCLING

Section 3701. Recycled carbon fiber

    Section 3701 directs the Secretary of Energy to conduct a 
comprehensive study on the recycling of carbon fiber and 
production waste carbon fiber. Upon completion of the study, 
directs the Secretary to develop a recycled carbon fiber 
demonstration project.

Section 3702. Energy generation and regulatory relief study regarding 
        recovery and conversion of nonrecycled mixed plastics

    Section 3702 requires the Secretary of Energy to conduct a 
study to determine a cost-effective system to convert plastics 
into material that can be used to generate electric energy, 
fuels, or chemical feedstocks.

Section 3703. Eligible projects

    Section 3703 excludes projects that use commonly recycled 
paper from being eligible for the Title XVII DOE loan guarantee 
program created by EPACT 2005.

                        TITLE IV--ACCOUNTABILITY


                       SUBTITLE A--LOAN PROGRAMS

Section 4001. Terms and conditions for incentives for innovative 
        technologies

    Section 4001(a) amends section 1702 of EPACT 2005 to 
require that borrowers pay no less than 25 percent of the cost 
of the credit subsidy for a guarantee and directs the Secretary 
of Energy to provide an estimate or range for the expected cost 
as soon as practicable. Section 4001(b) amends section 1702 of 
EPACT 2005 to clarify and reaffirm the current prohibition on 
subordination of debt. Section 4001(c) increases the 
transparency of the section 1703 loan guarantee program by 
establishing a process for the borrower to request the status 
of their application directly from DOE. Section 4001(d) repeals 
the temporary loan program under section 1705 of EPACT 2005.

Section 4002. State loan eligibility

    Section 4002 amends section 1701 of EPACT 2005 to clarify 
eligibility for State energy financing institutions and 
establishes terms and conditions for their participation in the 
Section 1703 loan guarantee program.

Section 4003. GAO Study on fossil loan guarantee incentive program

    Section 4003 directs the Comptroller General of the United 
States to conduct a report on the effectiveness of DOE's 
advanced fossil loan guarantee program and other incentive 
programs for advanced fossil energy at the Department.

Section 4004. Program eligibility for vessels

    Section 4004 authorizes projects for the reequipping, 
expanding, or establishing of a manufacturing facility in the 
United States to produce vessels to be eligible for the 
Advanced Technology Vehicles Manufacturing (ATVM) program 
established by section 136 of EISA 2007. Section 4004 also 
prohibits the use of any existing credit subsidy and requires 
either new appropriations or borrowers to self-pay the credit 
subsidy associated with projects made eligible under the 
section.

Section 4005. Additional reforms

    Section 4005 directs the DOE to issue a rule that specifies 
energy efficiency improvement standards for the manufacturing, 
retrofitting, or repowering of vessels made eligible for the 
ATVM program, and provides the DOE, consistent with its 
authority under the section 1703 loan guarantee program, 
authority to charge fees for the ATVM program, including the 
ability to charge closing fees.

Section 4006. Department of Energy Indian energy education planning and 
        management assistance program

    Section 4006 reauthorizes the Indian Energy Education 
Planning and Management Assistance Program first created by the 
Energy Policy Act of 1992. It makes grants to Indian tribes for 
energy education, research and development, planning and 
management needs. It extends the current authorization for such 
grants from 2016 through 2021.

                     SUBTITLE B--ENERGY-WATER NEXUS

Section 4101. Nexus of energy and water for sustainability

    Section 4101 directs the Secretary of Energy and the 
Secretary of the Interior to establish an Interagency 
Coordination Committee, co-chaired by the Secretaries of Energy 
and the Interior, to identify all relevant energy-water nexus 
activities across the federal government; enhance the 
coordination of research and development activities among 
agencies; gather and disseminate data to enable better 
practices; explore relevant public-private collaboration; issue 
a report on the feasibility of establishing an energy-water 
center of excellence at the National Laboratories, and develop 
a research and development plan for energy-water nexus related 
programs. It also directs the Secretaries to establish the 
Nexus of Energy and Water Sustainability (NEWS) office to 
provide leadership and administrative support functions for the 
Interagency Coordination Committee.

Section 4102. Smart energy and water efficiency pilot program

    Section 4102 amends Title IX of EPACT 2005 to establish a 
Smart Energy and Water Efficiency Pilot Program at DOE to 
provide grants to eligible utilities, municipalities, water 
districts as well as Indian tribes and Alaska Native villages.

                         SUBTITLE C--INNOVATION

Section 4201. America COMPETES programs

    Section 4201(a) amends section 971(b) of EPACT 2005 to 
authorize the DOE's Office of Science to carry out research, 
development, demonstration, and commercial applications 
activities. Subsection (b) reauthorizes the Advanced Research 
Projects Agency--Energy (ARPA-E) and provides additional 
protection for program participants' proprietary information.

Section 4202. Inclusion of early stage technology demonstration in 
        authorized technology transfer activities

    Section 4202 amends section 1001 of EPACT 2005 to allow 
directors of National Laboratories to use technology transfer 
funds to carry out early stage and pre-commercial technology 
demonstration activities, to remove technology barriers that 
limit private sector interest, and to demonstrate potential 
commercial applications of any research and technologies 
arising from National Laboratory activities.

Section 4203. Supporting access of small business concerns to National 
        Laboratories

    Section 4203 requires the Secretary of Energy to create a 
website relating to National Laboratory programs available to 
small business concerns in order to facilitate access to the 
National Laboratories and the promotion of technology transfer 
of innovative energy technologies.

Section 4204. Microlab technology commercialization

    Section 4204 allows the Secretary of Energy, in 
collaboration with the directors of the National Laboratories, 
to establish a microlab program. Section 4204(d) authorizes 
appropriations of $50 million for fiscal year 2016.

                      SUBTITLE D--GRID RELIABILITY

Section 4301. Bulk-power system reliability impact statement

    Section 4301 amends section 215 of the FPA to require 
regional reliability entities to submit to Congress and FERC 
within six months after enactment, and every three years 
thereafter, a report that describes the state of and prospects 
for electric reliability within the region. With respect to 
major federal rules that may significantly affect the reliable 
operation of the bulk power system, the regional reliability 
entities shall submit to FERC, for transmittal to the agency 
issuing the rule, a statement on the impact of the proposed 
rule on the reliable operation of the bulk power system--a 
Reliability Impact Statement (RIS). The Agency issuing the rule 
shall consider the RIS and include a detailed response in the 
final rule.

Section 4302. Report by transmission organizations on diversity of 
        supply

    Section 4302 requires Transmission Organizations to submit 
a report to the FERC within six months that identifies, 
describes, and evaluates the electric capacity resources 
available to the Transmission Organization; assesses the 
current and projected state of reliability; and assesses 
whether and to what extent the market rules of the Transmission 
Organization meet a series of criteria related to wholesale 
electric prices, diversity of generation, and availability of 
self-supply of electric capacity resources by public power 
entities.

Section 4303. Activities carried out during an authorization during war 
        or emergency

    Section 4303 amends section 202(c) of the FPA to provide, 
subject to exceptions, a waiver of liability for actions 
carried out in compliance with an order under that section or 
under section 224(b)(1). This would include generation, 
delivery, interchange, or transmission of electric energy 
ordered to be provided during a war or to meet an emergency 
such as an imminent threat to electric reliability.

                         SUBTITLE E--MANAGEMENT

Section 4401. Federal land management

    Section 4401 authorizes the Secretary of the Interior to 
establish a ``cadastre,'' or computerized inventory of 
buildings and other real property (land), including associated 
infrastructure such as roads and utility systems and pipelines, 
collected from surveys, maps, charts and inventories that will 
be stored as digital data. Section 4401(b)(1)(C) authorizes the 
Secretary to enter into discussions with other federal agencies 
to utilize the data inventory system to keep track of their 
holdings, and authorizes the development of cost-sharing 
agreements so that states, local governments, and Indian tribes 
may also utilize the inventory system. Section(b)(4) outlines 
the coordination involved in collecting and creating the 
geographical (data) information system that will store the 
inventories. Section 4401(c) requires that the information be 
kept in a graphically geo-enabled and searchable format 
available to the public on the Internet, provided that the 
identity of any buildings and facilities that would impair or 
jeopardize national security or homeland defense are withheld 
from public disclosure. Section 4401(d) clarifies that nothing 
in the provision requires any new appraisals or assessments of 
federal assets for any purpose.

Section 4402. Quadrennial Energy Review

    Section 4402 amends section 801 of the DOE Organization Act 
to require the President to establish a Quadrennial Energy 
Review (QER) Task Force comprising high-level agency officials. 
Requires this task force to conduct a DOE-supported review of 
national energy policy every four years.

Section 4403. State oversight of oil and gas programs

    Section 4403 adds a new section requiring the Secretary of 
the Interior to establish a program through which the BLM and a 
State, upon the request of the Governor of the State, can enter 
into a memorandum of understanding to consider the costs and 
benefits of creating consistent rules and processes governing 
oil and gas production activities on federal lands in the 
State.

Section 4404. Under Secretary for Science and Energy

    Section 4404 makes conforming amendments to the DOE 
Organization Act and other relevant acts to reflect the current 
title for this position.

                          SUBTITLE F--MARKETS

Section 4501. Enhanced information on critical energy supplies

    Section 4501 amends section 205 of the DOE Organization Act 
to require EIA, in cooperation with the Commodity Futures Trade 
Commission (CFTC), to collect data on physical oil inventories 
and other physical oil assets owned by the 50 largest traders 
of oil contracts as determined by the CFTC. The new section 205 
(p) establishes a Financial Market Analysis Office within EIA.

Section 4502. Working Group on Energy Markets

    Section 4502 establishes a Working Group on Energy Markets 
composed of high-level agency officials chaired by the 
Secretary of Energy. The Working Group shall investigate the 
effects of financial investment in energy commodities and issue 
recommendations to the President and Congress if necessary.

Section 4503. Study of regulatory framework for energy markets

    Section 4503 requires the Working Group on Energy Markets 
to conduct a study about the pricing of crude oil and refined 
products and to provide to the Congressional committees of 
jurisdiction recommendations concerning Federal oversight and 
regulatory action related to transparency and excessive 
speculation.

                       SUBTITLE G--AFFORDABILITY

Section 4601. E-prize competition pilot program

    Section 4601 amends section 1008 of EPACT 2005 to add an E-
prize Competition Pilot Program. The new section 1008(g)(2)(A) 
requires the Secretary of Energy to establish an e-prize 
competition or challenge pilot program to implement sustainable 
community and regional energy solutions that seek to reduce 
energy costs through increased efficiency, conservation, or 
technology innovation in high-cost regions. The new section 
1008(g)(2)(B) provides for a prize purse to be awarded by the 
Secretary, in amounts determined by the Secretary, through one 
or more competitions or challenges.

                      SUBTITLE H--CODE MAINTENANCE

Section 4701. Repeal of off-highway motor vehicles study

    Section 4701 repeals an outdated study.

Section 4702. Repeal of methanol study

    Section 4702 repeals an outdated study.

Section 4703. Repeal of authorization of appropriations provision

    Section 4703 repeals expired authorizations.

Section 4704. Repeal of residential energy efficiency standards study

    Section 4704 repeals an outdated study.

Section 4705. Repeal of weatherization study

    Section 4705 repeals an outdated study.

Section 4706. Repeal of report to Congress

    Section 4706 repeals an outdated report.

Section 4707. Repeal of report by General Services Administration

    Section 4707 repeals an outdated report.

Section 4708. Repeal of intergovernmental energy management planning 
        and coordination workshops

    Section 4708 repeals an outdated requirement for 
intergovernmental workshops.

Section 4709. Repeal of Inspector General audit survey and President's 
        Council on Integrity and Efficiency report to Congress

    Section 4709 repeals an outdated Inspector General audit 
and an outdated report.

Section 4710. Repeal of procurement and identification of energy 
        efficient products programs

    Section 4710 repeals an outdated program at DOE.

Section 4711. Repeal of national action plan for demand response

    Section 4711 repeals an outdated report and an expired 
authorization.

Section 4712. Repeal of national coal policy study

    Section 4712 repeals an outdated study.

Section 4713. Repeal of study on compliance problem of small electric 
        utility systems

    Section 4713 repeals an outdated study.

Section 4714. Repeal of study of socioeconomic impacts of increased 
        coal production and other energy development

    Section 4714 repeals an outdated study.

Section 4715. Repeal of study of the use of petroleum and natural gas 
        in combustors

    Section 4715 repeals an outdated study.

Section 4716. Repeal of submission of reports

    Section 4716 repeals outdated reporting requirements.

Section 4717. Repeal of electric utility conservation plan

    Section 4717 repeals an outdated requirement for electric 
utilities to submit a plan to Congress.

Section 4718. Emergency Energy Conservation repeals

    Section 4718 repeals outdated findings and requirements for 
minimum purchases of gasoline and associated fines in the event 
of a violation.

Section 4719. Energy Security Act repeals

    Section 4719 repeals outdated provisions related to biomass 
and the use of gasohol in federal motor vehicles.

Section 4720. Nuclear Safety Research, Development, and Demonstration 
        Act of 1980 repeal.

    Section 4720 repeals outdated studies.

Section 4721. Elimination and consolidation of certain America COMPETES 
        programs

    Section 4721 repeals unused or outdated America COMPETES 
program authorities and consolidates other duplicative 
authorities.

Section 4722. Repeal of the state utility regulatory assistance

    Section 4722 repeals an outdated grant program.

Section 4723. Repeal of survey of energy saving potential

    Section 4723 repeals outdated reports to the President and 
Congress.

Section 4724. Repeal of photovoltaic energy program

    Section 4724 repeals an outdated photovoltaic energy 
commercialization program for the accelerated procurement and 
installation of photovoltaic solar electric systems for 
electric production in Federal facilities.

Section 4725. Repeal of energy auditor training and certification

    Section 4725 repeals an outdated grant program for training 
and certification of individuals to conduct energy audits.

Section 4726. Repeal of authorization of appropriations

    Section 4726 repeals expired authorization of 
appropriations.

       TITLE V--LAND AND WATER CONSERVATION FUND REAUTHORIZATION


Section 5001. National Park Service Maintenance and Revitalization 
        Conservation Fund

    Section 5001 establishes a National Park Service Critical 
Maintenance and Revitalization Conservation Fund to address 
high-priority deferred maintenance needs of the National Park 
Service with a prohibition on the use of funds for land 
acquisition.

Section 5002. Land and Water Conservation Fund

    Section 5002 permanently reauthorizes the Land and Water 
Conservation Fund (LWCF). Specifies the way in which funds may 
be allocated; adding two new set-asides: one for hunting, 
fishing, or other recreational purposes and another for 
recreation and conservation programs important to states. In 
making federal land acquisitions, the Secretaries shall 
consider conservation easements and are required to take into 
account certain considerations in determining which land or 
interests in land to acquire.

Section 5003. Historic Preservation Fund

    Section 5003 permanently reauthorizes the Historic 
Preservation Fund.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out this legislation.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals or businesses.
    This bill provides emergency authority to the Secretary of 
Energy to direct the owners, operators or users of the Bulk 
Power System already registered with the nation's Electric 
Reliability Organization to take necessary actions to guard 
against cybersecurity threats. There may be some economic costs 
associated with these requirements, though these costs may be 
offset in whole or in part by the protection of critical grid 
infrastructure. Amendments to the Federal Power Act may result 
in the protection of certain sensitive information from public 
disclosure. Also, compliance with voluntary programs, such as 
those designed to increase energy efficiency efforts, will 
require commitments of resources. Various grant and other 
assistance programs will require submission of documentation or 
plans as a condition for the assistance. The Committee believes 
that the effects are not undue and are reasonable in light of 
the benefits of the programs.
    No personal information would be collected in administering 
programs authorized under the bill. Therefore, there would be 
no impact on personal privacy.
    Little, if any, additional paperwork would result from 
enactment of this measure, as ordered reported, with the 
exception of certain ongoing reporting requirements on regional 
reliability entities regarding electric reliability issues. The 
bill requires regional reliability entities to submit to FERC a 
Reliability Impact Statement for any proposed major federal 
rule that may significantly affect the reliable operation of 
the Bulk Power System. This bill also requires federal agencies 
to conduct various studies or make various reports and would 
require the reporting of certain information associated with 
grant and financial assistance programs.

                   Congressionally Directed Spending

    The bill, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    Executive views on the original bill have not been 
received.

                        Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           TABLE OF CONTENTS

                                                                   Page
1.America COMPETES Act, Public Law 110-69, as Amended............    34
2.GDepartment of Energy High-End Computing Revitalization Act of 
  2004, Public Law 108-423.......................................    46
3.GDepartment of Energy Organization Act, Public Law 95-91, as 
  Amended........................................................    49
4.GDepartment of Energy Science Education Enhancement Act, Part E 
  of Title XXXI of Public Law 101-510............................    56
5.GEmergency Energy Conservation Act of 1979, Public Law 96-102..    63
6.GEnergy Conservation And Production Act, Public Law 94-385, as 
  Amended........................................................    67
7.GEnergy Independence And Security Act of 2007, Public Law 110-
  140, as Amended................................................    90
8.GEnergy Policy Act of 2005, Public Law 109-58, as Amended......   106
9.GEnergy Policy Act of 1992, Public Law 102-486, as Amended.....   135
10.GEnergy Policy And Conservation Act, Public Law 94-163, as 
  Amended........................................................   145
11.Energy Security Act, Public Law 96-294, as Amended............   156
12.GFederal Power Act, Act of June 10, 1920, Chapter 285, as 
  Amended........................................................   179
13.GFarm Security Rural Investment Act Of 2002, Public Law 107-
  171, as Amended................................................   195
14.GGeothermal Steam Act of 1970, Public Law 109-58, as Amended..   198
15.GMineral Leasing Act, Act of February 25, 1920, as Amended....   205
16.GMineral Leasing Act for Acquired Lands, Public Law 80-382....   206
17.GNational Critical Materials Act of 1984, Public Law 98-373, 
  as Amended.....................................................   206
18.GNational Energy Conservation Policy Act, Public Law 95-619, 
  as Amended.....................................................   212
19.GNational Materials And Minerals Policy, Research And 
  Development Act of 1980, Public Law 96-479, as Amended.........   225
20.GNatural Gas Act, Act of June 21, 1938, Chapter 556, as 
  Amended........................................................   226
21.GNuclear Safety Research, Development, And Demonstration Act 
  of 1980 Public Law 96-567, as amended..........................   227
22.GNational Superconductivity and Competitiveness Act of 1988, 
  Public Law 100-697.............................................   228
23.GPowerplant And Industrial Fuel Use Act of 1978, Public Law 
  95-620, as Amended.............................................   229
24.Title 40, United States Code..................................   233
25.Title 54, United States Code..................................   235

                          AMERICA COMPETES ACT

Public Law 109-69, as amended

           *       *       *       *       *       *       *



SEC. 2. TABLE OF CONTENTS.

           *       *       *       *       *       *       *


                      TITLE V--DEPARTMENT OF ENERGY

Sec. 5001. Short title.
Sec. 5002. Definitions.
Sec. 5003. Science, engineering, and mathematics education at the 
          Department of Energy.
[Sec. 5004. Nuclear science talent expansion program for institutions of 
          higher education.]
Sec. 5005. Hydrocarbon systems science talent expansion program for 
          institutions of higher education.
Sec. 5006. Department of Energy early career awards for science. 
          engineering, and mathematics researchers.
Sec. 5007. Authorization of appropriations for Department of Energy for 
          basic research.
[Sec. 5008. Discovery science and engineering innovation institutes.]
Sec. 5009. Protecting America's Competitive Edge (PACE) graduate 
          fellowship program.
Sec. 5010. Sense of Congress regarding certain recommendations and 
          reviews.
Sec. 5011. Distinguished scientist program.
Sec. 5012. Advanced Research Projects Agency--Energy.

           *       *       *       *       *       *       *


[SEC. 5004. NUCLEAR SCIENCE TALENT EXPANSION PROGRAM FOR INSTITUTIONS 
                    OF HIGHER EDUCATION.

    [(a) Purposes.--The purposes of this section are--
          [(1) to address the decline in the number of and 
        resources available to nuclear science programs at 
        institutions of higher education; and
          [(2) to increase the number of graduates with degrees 
        in nuclear science, an area of strategic importance to 
        the economic competitiveness and energy security of the 
        United States.
    [(b) Definition of Nuclear Science.--In this section, the 
term ``nuclear science'' includes--
          [(1) nuclear science;
          [(2) nuclear engineering;
          [(3) nuclear chemistry;
          [(4) radio chemistry; and
          [(5) health physics.
    [(c) Establishment.--The Secretary shall establish, in 
accordance with this section, a program to expand and enhance 
institution of higher education nuclear science educational 
capabilities.
    [(d) Nuclear Science Program Expansion Grants for 
Institutions of Higher Education.
          [(1) In general.--The Secretary shall award up to 3 
        competitive grants for each fiscal year to institutions 
        of higher education that establish new academic degree 
        programs in nuclear science.
          [(2) Priority.--In evaluating grants under this 
        subsection, the Secretary shall give priority to 
        proposals that involve partnerships with a National 
        Laboratory or other eligible nuclear-related entity, as 
        determined by the Secretary.
          [(3) Criteria.--Criteria for a grant awarded under 
        this subsection shall be based on--
                  [(A) the potential to attract new students to 
                the program;
                  [(B) academic rigor; and
                  [(C) the ability to offer hands-on learning 
                opportunities.
          [(4) Duration and amount.--
                  [(A) Duration.--A grant under this subsection 
                may be up to 5 years in duration.
                  [(B) Amount.--An institution of higher 
                education that receives a grant under this 
                subsection shall be eligible for up to 
                $1,000,000 for each year of the grant period.
          [(5) Use of funds.--An institution of higher 
        education that receives a grant under this subsection 
        may use the grant to--
                  [(A) recruit and retain new faculty;
                  [(B) develop core and specialized course 
                content;
                  [(C) encourage collaboration between faculty 
                and researchers in the nuclear science field; 
                and
                  [(D) support outreach efforts to recruit 
                students.
    [(e) Nuclear Science Competitiveness Grants for 
Institutions of Higher Education.--
          [(1) In general.--The Secretary shall award up to 5 
        competitive grants for each fiscal year to institutions 
        of higher education with existing academic degree 
        programs that produce graduates in nuclear science.
          [(2) Criteria.--Criteria for a grant awarded under 
        this subsection shall be based on the potential for 
        increasing the number and academic quality of graduates 
        in the nuclear sciences who enter into careers in 
        nuclear-related fields.
          [(3) Duration and amount.--
                  [(A) Duration.--A grant under this subsection 
                may be up to 5 years in duration.
                  [(B) Amount.--An institution of higher 
                education that receives a grant under this 
                subsection shall be eligible for up to $500,000 
                for each year of the grant period.
          [(4) Use of funds.--An institution of higher 
        education that receives a grant under this subsection 
        may use the grant to--
                  [(A) increase the number of graduates in 
                nuclear science that enter into careers in the 
                nuclear science field;
                  [(B) enhance the teaching of advanced nuclear 
                technologies;
                  [(C) aggressively pursue collaboration 
                opportunities with industry and National 
                Laboratories;
                  [(D) bolster or sustain nuclear 
                infrastructure and research facilities of the 
                institution of higher education, such as 
                research and training reactors or laboratories; 
                and
                  [(E) provide tuition assistance and stipends 
                to undergraduate and graduate students.
    [(f) Authorization of Appropriations.--
          [(1) Nuclear science program expansion grants for 
        institutions of higher education.--There are authorized 
        to be appropriated to carry out subsection (d)--
                  [(A) $3,500,000 for fiscal year 2008;
                  [(B) $6,500,000 for fiscal year 2009;
                  [(C) $9,500,000 for fiscal year 2010;
                  [(D) $9,800,000 for fiscal year 2011;
                  [(E) $10,100,000 for fiscal year 2012; and
                  [(F) $10,400,000 for fiscal year 2013.
          [(2) Nuclear science competitiveness grants for 
        institutions of higher education.--There are authorized 
        to be appropriated to carry out subsection (e)--
                  [(A) $3,000,000 for fiscal year 2008;
                  [(B) $5,500,000 for fiscal year 2009;
                  [(C) $8,000,000 for fiscal year 2010;
                  [(D) $8,240,000 for fiscal year 2011;
                  [(E) $8,500,000 for fiscal year 2012; and
                  [(F) $8,750,000 for fiscal year 2013.]

SEC. 5005. HYDROCARBON SYSTEMS SCIENCE TALENT EXPANSION PROGRAM FOR 
                    INSTITUTIONS OF HIGHER EDUCATION.

    (a) Purposes.--The purposes of this section are--
          (1) to address the decline in the number of and 
        resources available to hydrocarbon systems science 
        programs at institutions of higher education; and
          (2) to increase the number of graduates with degrees 
        in hydrocarbon systems science, an area of strategic 
        importance to the economic competitiveness and energy 
        security of the United States.
    (b) Definition of Hydrocarbon Systems Science.--In this 
section:
          (1) In general.--The term ``hydrocarbon systems 
        science'' means a science involving natural gas or 
        other petroleum exploration, development, or 
        production.
          (2) Inclusions.--The term ``hydrocarbon systems 
        science'' includes--
                  (A) petroleum or reservoir engineering;
                  (B) environmental geoscience;
                  (C) petrophysics;
                  (D) geophysics;
                  (E) geochemistry;
                  (F) petroleum geology;
                  (G) ocean engineering;
                  (H) environmental engineering;
                  (I) computer science, as computer science 
                relates to a science described in this 
                subsection; and
                  (J) hydrocarbon spill response and 
                remediation.
    (c) Establishment.--The Secretary shall establish, in 
accordance with this section, a program to expand and enhance 
institution of higher education hydrocarbon systems science 
educational capabilities.
    (d) Hydrocarbon Systems Science Program Expansion Grants 
for Institutions of Higher Education.--
          (1) In general.--The Secretary shall award up to 3 
        competitive grants for each fiscal year to institutions 
        of higher education that establish new academic degree 
        programs in hydrocarbon systems science.
          (2) Eligibility.--In evaluating grants under this 
        subsection, the Secretary shall give priority to 
        proposals that involve partnerships with the National 
        Laboratories, including the National Energy Technology 
        Laboratory, or other hydrocarbon systems scientific 
        entities, as determined by the Secretary.
          (3) Criteria.--Criteria for a grant awarded under 
        this subsection shall be based on--
                  (A) the potential to attract new students to 
                the program;
                  (B) academic rigor; and
                  (C) the ability to offer hands-on learning 
                opportunities.
          (4) Duration and amount.--
                  (A) Duration.--A grant under this subsection 
                may be up to 5 years in duration.
                  (B) Amount.--An institution of higher 
                education that receives a grant under this 
                subsection shall be eligible for up to 
                $1,000,000 for each year of the grant period.
          (5) Use of funds.--An institution of higher education 
        that receives a grant under this subsection may use the 
        grant to--
                  (A) recruit and retain new faculty;
                  (B) develop core and specialized course 
                content;
                  (C) encourage collaboration between faculty 
                and researchers in the hydrocarbon systems 
                science field; and
                  (D) support outreach efforts to recruit 
                students.
    [(e) Hydrocarbon Systems Science Competitiveness Grants for 
Institutions of Higher Education.--
          [(1) In general.--The Secretary shall award up to 5 
        competitive grants for each fiscal year to institutions 
        of higher education with existing academic degree 
        programs that produce graduates in hydrocarbon systems 
        science.
          [(2) Criteria.--Criteria for a grant awarded under 
        this subsection shall be based on the potential for 
        increasing the number and academic quality of graduates 
        in hydrocarbon systems sciences who enter into careers 
        in natural gas and other petroleum exploration, 
        development, and production related fields.
          [(3) Duration and amount.--
                  [(A) Duration.--A grant under this subsection 
                may be up to 5 years in duration.
                  [(B) Amount.--An institution of higher 
                education that receives a grant under this 
                subsection shall be eligible for up to $500,000 
                for each year of the grant period.
          [(4) Use of funds.--An institution of higher 
        education that receives a grant under this subsection 
        may use the grant to--
                  [(A) increase the number of graduates in the 
                hydrocarbon systems sciences that enter into 
                careers in the natural gas and other petroleum 
                exploration, development, and production 
                science fields;
                  [(B) enhance the teaching of advanced natural 
                gas and other petroleum exploration, 
                development, and production technologies;
                  [(C) aggressively pursue collaboration 
                opportunities with industry and the National 
                Laboratories, including the National Energy 
                Technology Laboratory;
                  [(D) bolster or sustain natural gas and other 
                petroleum exploration, development, and 
                production infrastructure and research 
                facilities of the institution of higher 
                education, such as research and training or 
                laboratories; and
                  [(E) provide tuition assistance and stipends 
                to undergraduate and graduate students.
    [(f) Authorization of Appropriations.--
          [(1) Hydrocarbon systems science program expansion 
        grants for institutions of higher education.--There 
        are]
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out subsection (d)--
          [(A)] (1) $3,500,000 for fiscal year 2008;
          [(B)](2) $6,500,000 for fiscal year 2009;
          [(C)](3) $9,500,000 for fiscal year 2010;
          [(D)](4) $9,800,000 for fiscal year 2011;
          [(E)](5) $10,000,000 for fiscal year 2012; and
          [(F)](6) $10,400,000 for fiscal year 2013.
          [(2) Hydrocarbon systems science competitiveness 
        grants for institutions of higher education.--There are 
        authorized to be appropriated to carry out subsection 
        (e)--
                  [(A) $3,000,000 for fiscal year 2008;
                  [(B) $5,500,000 for fiscal year 2009; and
                  [(C) $8,000,000 for fiscal year 2010.]

SEC. 5006. DEPARTMENT OF ENERGY EARLY CAREER AWARDS FOR SCIENCE, 
                    ENGINEERING, AND MATHEMATICS RESEARCHERS.

    (a) Grant Awards.--The Director of the Office of Science of 
the Department (referred to in this section as the 
``Director'') shall carry out a program to award grants to 
scientists and engineers at an early career stage at 
institutions of higher education and organizations described in 
subsection (c) to conduct research in fields relevant to the 
mission of the Department.
    (b) Amount and Duration.--
          (1) Amount.--The average amount of a grant awarded 
        under this section for each year shall be--
                  (A) not less than [$80,000] $190,000; and
                  (B) not more than [$125,000] $490,000.
          (2) Duration.--The term of a grant awarded under this 
        section shall be not more than 5 years.
    (c) Eligibility.--
          (1) In general.--To be eligible to receive a grant 
        under this section, an individual shall, as determined 
        by the Director--
                  (A) subject to paragraph (2), have completed 
                a doctorate or other terminal degree not more 
                than 10 years before the date on which the 
                proposal for a grant is submitted under 
                subsection (e)(1);
                  (B) have demonstrated promise in a science, 
                engineering, or mathematics field relevant to 
                the missions of the Department; and
                  (C) be employed--
                          (i) in a tenure track-position as an 
                        [assistant professor or equivalent 
                        title] untenured assistant or associate 
                        professor at an institution of higher 
                        education in the United States; or
                          [(ii) at an organization in the 
                        United States that is a nonprofit, 
                        nondegree-granting research 
                        organization such as a museum, 
                        observatory, or research laboratory; 
                        or]
                          [(iii)](ii) as a scientist at a 
                        National Laboratory.
          (2) Waiver.--Notwithstanding paragraph (1)(A), the 
        Director may determine that an individual who has 
        completed a doctorate more than 10 years before the 
        date of submission of a proposal under subsection 
        (e)(1) is eligible to receive a grant under this 
        section if the individual was unable to conduct 
        research for a period of time because of extenuating 
        circumstances, including military service or family 
        responsibilities, as determined by the Director.
    (d) Selection.--Grant recipients shall be selected [on a 
competitive, merit-reviewed basis] through a competitive 
process using merit-based peer review.
    [(e) Selection Process and Criteria.--
          [(1) Proposal.--To be eligible]
    (e) Selection Process and Criteria.--To be eligible to 
receive a grant under this section, an individual shall submit 
to the Director a proposal at such time, in such manner, and 
containing such information as the Director may require.
          [(2) Evaluation.--In evaluating the proposals 
        submitted under paragraph (1), the Director shall take 
        into consideration, at a minimum--
                  [(A) the intellectual merit of the proposed 
                project;
                  [(B) the innovative or transformative nature 
                of the proposed research;
                  [(C) the extent to which the proposal 
                integrates research and education, including 
                undergraduate education in science and 
                engineering disciplines; and
                  [(D) the potential of the applicant for 
                leadership at the frontiers of knowledge.]
    (f) Diversity Requirement.--
          (1) In general.--In awarding grants under this 
        section, the Director shall endeavor to ensure that the 
        grant recipients represent a variety of types of 
        institutions of higher education and [nonprofit, 
        nondegree-granting research organizations] National 
        Laboratories.
          (2) Requirement.--In support of the goal described in 
        paragraph (1), the Director shall broadly disseminate 
        information regarding the deadlines applicable to, and 
        manner in which to submit, proposals for grants under 
        this section, including by conducting outreach 
        activities for--
                  (A) part B institutions, as defined in 
                section 322 of the Higher Education Act of 1965 
                (20 U.S.C. 1061); and
                  (B) minority institutions, as defined in 
                section 365 of that Act (20 U.S.C. 1067k).
    (g) Report on Recruiting and Retaining Early Career Science 
and Engineering Researchers at National Laboratories.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Director shall 
        submit to the Committee on Science and Technology of 
        the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report 
        describing efforts of the Director to recruit and 
        retain young scientists and engineers at early career 
        stages at the National Laboratories.
          (2) Inclusions.--The report under paragraph (1) shall 
        include--
                  (A) a description of applicable Department 
                and National Laboratory policies and 
                procedures, including policies and procedures 
                relating to financial incentives, awards, 
                promotions, time reserved for independent 
                research, access to equipment or facilities, 
                and other forms of recognition, designed to 
                attract and retain young scientists and 
                engineers;
                  (B) an evaluation of the impact of the 
                incentives described in subparagraph (A) on--
                          (i) the careers of young scientists 
                        and engineers at the National 
                        Laboratories; and
                          (ii) the quality of the research at 
                        the National Laboratories and in 
                        Department programs;
                  (C) a description of barriers, if any, that 
                exist with respect to efforts to recruit and 
                retain young scientists and engineers, 
                including the limited availability of full-time 
                equivalent positions, legal and procedural 
                requirements, and pay grading systems; and
                  (D) the amount of funding devoted to efforts 
                to recruit and retain young researchers, and 
                the source of the funds.
    [(h) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary, acting through the 
Director, to carry out this section $25,000,000 for each of 
fiscal years 2008 through 2013.]

           *       *       *       *       *       *       *


[SEC. 5008. DISCOVERY SCIENCE AND ENGINEERING INNOVATION INSTITUTES.

    [(a) In General.--The Secretary shall establish 
distributed, multidisciplinary institutes (referred to in this 
section as ``Institutes'') centered at National Laboratories to 
apply fundamental science and engineering discoveries to 
technological innovations relating to--
          [(1) the missions of the Department; and
          [(2) the global competitiveness of the United States.
    [(b) Topical Areas.--The Institutes shall support 
scientific and engineering research and education activities on 
critical emerging technologies determined by the Secretary to 
be essential to global competitiveness, including activities 
relating to--
          [(1) sustainable energy technologies;
          [(2) multiscale materials and processes;
          [(3) micro- and nano-engineering;
          [(4) computational and information engineering; and
          [(5) genomics and proteomics.
    [(c) Partnerships.--In carrying out this section, the 
Secretary shall establish partnerships between the Institutes 
and--
          [(1) institutions of higher education--
                  [(A) to train undergraduate and graduate 
                science and engineering students;
                  [(B) to develop innovative undergraduate and 
                graduate educational curricula; and
                  [(C) to conduct research within the topical 
                areas described in subsection (b); and
          [(2) private industry to develop innovative 
        technologies within the topical areas described in 
        subsection (b).
    [(d) Grants.--
          [(1) In general.--For each fiscal year, the Secretary 
        may select not more than 3 Institutes to receive a 
        grant under this section.
          [(2) Merit-based selection.--The selection of 
        Institutes under paragraph (1) shall be--
                  [(A) merit-based; and
                  [(B) made through an open, competitive 
                selection process.
          [(3) Term.--An Institute shall receive a grant under 
        this section for not more than 3 fiscal years.
    [(e) Review.--The Secretary shall offer to enter into an 
agreement with the National Academy of Sciences under which the 
Academy shall, by not later than 3 years after the date of 
enactment of this Act--
          [(1) review the performance of the Institutes under 
        this section; and
          [(2) submit to Congress and the Secretary a report 
        describing the results of the review.
    [(f) Authorization of Appropriations.--There is authorized 
to be appropriated to provide grants to each Institute selected 
under this section $10,000,000 for each of fiscal years 2008 
through 2010.]

SEC. 5009. PROTECTING AMERICA'S COMPETITIVE EDGE (PACE) GRADUATE 
                    FELLOWSHIP PROGRAM.

    (a) Definition of Eligible Student.--In this section, the 
term ``eligible student'' means a student who attends an 
institution of higher education that offers a doctoral degree 
in a field relevant to a mission area of the Department.
    (b) Establishment.--The Secretary shall establish a 
graduate fellowship program for eligible students pursuing a 
doctoral degree in a mission area of the Department.
    (c) Selection.--
          (1) In general.--The Secretary shall award 
        fellowships to eligible students under this section 
        through a competitive merit review process[, involving 
        written and oral interviews, that will result in a wide 
        distribution of awards throughout the United States, as 
        determined by the Secretary].
          (2) Criteria.--The Secretary shall establish 
        selection criteria for awarding fellowships under this 
        section that require an eligible student--
                  (A) to pursue a field of science or 
                engineering of importance to a mission area of 
                the Department;
                  [(B) to demonstrate to the Secretary--
                          [(i) the capacity of the eligible 
                        student to understand technical topics 
                        relating to the fellowship that can be 
                        derived from the first principles of 
                        the technical topics;
                          [(ii) imagination and creativity;
                          [(iii) leadership skills in 
                        organizations or intellectual 
                        endeavors, demonstrated through awards 
                        and past experience; and
                          [(iv) excellent verbal and 
                        communication skills to explain, 
                        defend, and demonstrate an 
                        understanding of technical subjects 
                        relating to the fellowship; and]
                  (B) to demonstrate excellent academic 
                performance and understanding of scientific or 
                technical subjects; and
                  (C) to be a citizen or legal permanent 
                resident of the United States.
    (d) Awards.--
          (1) Amount.--A fellowship awarded under this section 
        shall--
                  (A) provide an annual living stipend; and
                  (B) cover--
                          (i) full or partial graduate tuition 
                        at an institution of higher education 
                        described in subsection (a); and
                          (ii) incidental expenses associated 
                        with curricula and research at the 
                        institution of higher education 
                        (including books, computers, and 
                        software).
          (2) Duration.--A fellowship awarded under this 
        section shall be up to 3 years duration within a 5-year 
        period.
          (3) Portability.--A fellowship awarded under this 
        section shall be portable with the eligible student.
    (e) Administration.--The Secretary, acting through the 
[Director of Science, Engineering, and Mathematics Education] 
Director of the Office of Science--
          (1) shall administer the program established under 
        this section; and
          (2) may enter into a contract with a nonprofit entity 
        to administer the program, including the selection and 
        award of fellowships.
    [(f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [(1) $7,500,000 for fiscal year 2008;
          [(2) $12,000,000 for fiscal year 2009, including 
        nonexpiring fellowships for the preceding fiscal year;
          [(3) $20,000,000 for fiscal year 2010, including 
        nonexpiring fellowships for preceding fiscal years;
          [(4) $20,600,000 for fiscal year 2011;
          [(5) $21,200,000 for fiscal year 2012; and
          [(6) $21,900,000 for fiscal year 2013.]

           *       *       *       *       *       *       *


SEC. 5011. DISTINGUISHED SCIENTIST PROGRAM.

    (a) Purpose.--The purpose of this section is to promote 
scientific and academic excellence through collaborations 
between institutions of higher education and National 
Laboratories.
    (b) Establishment.--The Secretary shall establish a program 
to support the joint appointment of distinguished scientists by 
institutions of higher education and National Laboratories.
    (c) Qualifications.--To be eligible for appointment as a 
distinguished scientist under this section, an individual, by 
reason of professional background and experience, shall be able 
to bring international recognition to the appointing 
institution of higher education or National Laboratory in the 
field of scientific endeavor of the individual.
    (d) Selection.--A distinguished scientist appointed under 
this section shall be selected through an open, competitive 
process.
    (e) Appointment.--
          (1) Institution of higher education.--An appointment 
        by an institution of higher education under this 
        section shall be filled within the tenure allotment of 
        the institution of higher education, at a minimum rank 
        of professor.
          (2) National laboratory.--An appointment by a 
        National Laboratory under this section shall be at the 
        rank of the highest grade of distinguished scientist or 
        technical staff of the National Laboratory.
    (f) Duration.--An appointment under this section shall--
          (1) be for a term of 6 years; and
          (2) consist of 2 3-year funding allotments.
    (g) Use of Funds.--Funds made available under this section 
may be used for--
          (1) the salary of the distinguished scientist and 
        support staff;
          (2) undergraduate, graduate, and post-doctoral 
        appointments;
          (3) research-related equipment;
          (4) professional travel; and
          (5) such other requirements as the Secretary 
        determines to be necessary to carry out the purpose of 
        the program.
    (h) Review.--
          (1) In general.--The appointment of a distinguished 
        scientist under this section shall be reviewed at the 
        end of the first 3-year allotment for the distinguished 
        scientist through an open peer-review process to 
        determine whether the appointment is meeting the 
        purpose of this section under subsection (a).
          (2) Funding.--Funding of the appointment of the 
        distinguished scientist for the second 3-year allotment 
        shall be determined based on the review conducted under 
        paragraph (1).
    (i) Cost Sharing.--To be eligible for assistance under this 
section, an appointing institution of higher education shall 
pay at least 50 percent of the total costs of the appointment.
    [(j) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [(1) $15,000,000 for fiscal year 2008;
          [(2) $20,000,000 for fiscal year 2009;
          [(3) $ 30,000,000 for fiscal year 2010;
          [(4) $31,000,000 for fiscal year 2011;
          [(5) $32,000,000 for fiscal year 2012; and
          [(6) $33,000,000 for fiscal year 2013.]

SEC. 5012. ADVANCED RESEARCH PROJECTS AGENCY--ENERGY.

    (a) Definitions.--In this section:
          (1) ARPA-E.--The term ``ARPA-E'' means the Advanced 
        Research Projects Agency--Energy established by 
        subsection (b).
          (2) Director.--The term ``Director'' means the 
        Director of ARPA-E appointed under subsection (d).
          (3) Fund.--The term ``Fund'' means the Energy 
        Transformation Acceleration Fund established under 
        [subsection (n)(1)] subsection (o)(1).

           *       *       *       *       *       *       *

    (i) Coordination and Nonduplication.--
          [(1) In general.--To the maximum extent practicable, 
        the Director shall ensure that the activities of ARPA-E 
        are coordinated with, and do not duplicate the efforts 
        of, programs and laboratories within the Department and 
        other relevant research agencies.]
          (1) In general.--To the maximum extent practicable, 
        the Director shall ensure that--
                  (A) the activities of ARPA-E are coordinated 
                with, and do not duplicate the efforts of, 
                programs and laboratories within the Department 
                and other relevant research agencies; and
                  (B) ARPA-E does not provide funding for a 
                project unless the prospective grantee 
                demonstrates sufficient attempts to secure 
                private financing or indicates that the project 
                is not independently commercially viable.
          (2) Technology transfer coordinator.--To the extent 
        appropriate, the Director may coordinate technology 
        transfer efforts with the Technology Transfer 
        Coordinator appointed under section 1001 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16391).
    (j) Federal Demonstration of Technologies.--The Director 
shall seek opportunities to partner with purchasing and 
procurement programs of Federal agencies to demonstrate energy 
technologies resulting from activities funded through ARPA-E.
    (k) Advice.--
          (1) Advisory committees.--The Director may seek 
        advice on any aspect of ARPA-E from--
                  (A) an existing Department of Energy advisory 
                committee; and
                  (B) a new advisory committee organized to 
                support the programs of ARPA-E and to provide 
                advice and assistance on--
                          (i) specific program tasks; or
                          (ii) overall direction of ARPA-E.
          (2) Additional sources of advice.--In carrying out 
        this section, the Director may seek advice and review 
        from--
                  (A) the President's Committee of Advisors on 
                Science and Technology; and
                  (B) any professional or scientific 
                organization with expertise in specific 
                processes or technologies under development by 
                ARPA-E.
    (l) ARPA-E Evaluation.--
          (1) In general.--After ARPA-E has been in operation 
        for 6 years, the Secretary shall offer to enter into a 
        contract with the National Academy of Sciences under 
        which the National Academy shall conduct an evaluation 
        of how well ARPA-E is achieving the goals and mission 
        of ARPA-E.
          (2) Inclusions.--The evaluation shall include--
                  (A) the recommendation of the National 
                Academy of Sciences on whether ARPA-E should be 
                continued or terminated; and
                  (B) a description of lessons learned from 
                operation of ARPA-E, and the manner in which 
                those lessons may apply to the operation of 
                other programs of the Department.
          (3) Availability.--On completion of the evaluation, 
        the evaluation shall be made available to Congress and 
        the public.
    (m) Existing Authorities.--The authorities granted by this 
section are--
          (1) in addition to existing authorities granted to 
        the Secretary; and
          (2) are not intended to supersede or modify any 
        existing authorities.
    (n) Protection of Information.--The following types of 
information collected by the ARPA-E from recipients of 
financial assistance awards shall be considered commercial and 
financial information obtained from a person and privileged or 
confidential and not subject to disclosure under section 
552(b)(4) of title 5, United States Code:
          (1) Plans for commercialization of technologies 
        developed under the award, including business plans, 
        technology-to-market plans, market studies, and cost 
        and performance models.
          (2) Investments provided to an awardee from third 
        parties (such as venture capital firms, hedge funds, 
        and private equity firms), including amounts and the 
        percentage of ownership of the awardee provided in 
        return for the investments.
          (3) Additional financial support that the awardee--
                  (A) plans to or has invested into the 
                technology developed under the award; or
                  (B) is seeking from third parties.
          (4) Revenue from the licensing or sale of new 
        products or services resulting from research conducted 
        under the award.
    [(n)](o) Funding.--
          (1) Fund.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Energy 
        Transformation Acceleration Fund'', which shall be 
        administered by the Director for the purposes of 
        carrying out this section.
          (2) Authorization of appropriations.--Subject to 
        [paragraphs (4) and (5)] paragraph (4), there are 
        authorized to be appropriated to the Director for 
        deposit in the Fund, without fiscal year limitation--
                  (A) $300,000,000 for fiscal year 2008;
                  (B) such sums as are necessary for each of 
                fiscal years 2009 and 2010;
                  (C) $300,000,000 for fiscal year 2011;
                  (D) $306,000,000 for fiscal year 2012; [and]
                  (E) $312,000,000 for fiscal year 2013[.];
                  (F) $291,200,000 for fiscal year 2016;
                  (G) $303,600,000 for fiscal year 2017;
                  (H) $314,700,000 for fiscal year 2018;
                  (I) $327,300,000 for fiscal year 2019; and
                  (J) $340,600,000 for fiscal year 2020.
          (3) Separate budget and appropriation.--
                  (A) Budget request.--The budget request for 
                ARPA-E shall be separate from the rest of the 
                budget of the Department.
                  (B) Appropriations.--Appropriations to the 
                Fund shall be separate and distinct from the 
                rest of the budget for the Department.
          (4) Allocation.--Of the amounts appropriated for a 
        fiscal year under paragraph (2)--
                  (A) not more than 50 percent of the amount 
                shall be used to carry out subsection 
                (e)(3)(D);
                  (B) at least 5 percent of the amount shall be 
                used for technology transfer and outreach 
                activities, consistent with the goal described 
                in subsection [(c)(2)(D)] (c)(2)(C) and within 
                the responsibilities of program directors 
                described in subsection (g)(2)(B)(vii); and
                  (C) no funds may be used for construction of 
                new buildings or facilities during the 5-year 
                period beginning on the date of enactment of 
                this Act.

           *       *       *       *       *       *       *

                              ----------                              


   DEPARTMENT OF ENERGY HIGH-END COMPUTING REVITALIZATION ACT OF 2004

Public Law 108-423

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

    This Act may be cited as the [``Department of Energy High-
End Computing Revitalization Act of 2004''] Exascale Computing 
Act of 2015.

SEC. 2. DEFINITIONS.

    In this Act:
          [(1) Center.--The term ``Center'' means a High-End 
        Software Development Center established under section 
        3(d).]
          (1) Department.--The term ``Department'' means the 
        Department of Energy.
          (2) Exascale computing.--The term ``exascale 
        computing'' means computing through the use of a 
        computing machine that performs near or above 10 to the 
        18th power floating point operations per second.
          [(2)](3) High-end computing system.--The term ``high-
        end computing system'' means a computing system with 
        performance that substantially exceeds that of systems 
        that are commonly available for advanced scientific and 
        engineering applications.
          [(3)](4) Leadership system.--The term ``Leadership 
        System'' means a high-end computing system that is 
        among the most advanced in the world in terms of 
        performance in solving scientific and engineering 
        problems.
          [(4)](5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given the term in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)).
          [(5)](6) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy[, acting through the Director of 
        the Office of Science of the Department of Energy].

SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND 
                    DEVELOPMENT PROGRAM.

    (a) In General.--The Secretary shall--
          (1) carry out a [program] coordinated program across 
        the Department of research and development (including 
        development of software and hardware) to advance high-
        end computing systems; and
          (2) develop and deploy high-end computing systems for 
        advanced scientific and engineering applications.
    (b) Program.--The program shall--
          (1) support both individual investigators and 
        multidisciplinary teams of investigators;
          (2) conduct research in multiple architectures[, 
        which may include vector, reconfigurable logic, 
        streaming, processor-in-memory, and multithreading 
        architectures];
          (3) conduct research on software for high-end 
        computing systems, including research on algorithms, 
        programming environments, tools, languages, and 
        operating systems for high-end computing systems, in 
        collaboration with architecture development efforts;
          (4) provide for sustained access by the research 
        community in the United States to high-end computing 
        systems and to Leadership Systems, including provision 
        of technical support for users of such systems;
          (5) support technology transfer to the private sector 
        and others in accordance with applicable law; and
          (6) ensure that the high-end computing activities of 
        the Department of Energy are coordinated with relevant 
        activities in industry and with other Federal agencies, 
        including the National Science Foundation, the Defense 
        Advanced Research Projects Agency, the National Nuclear 
        Security Administration, the National Security Agency, 
        the National Institutes of Health, the National 
        Aeronautics and Space Administration, the National 
        Oceanic and Atmospheric Administration, the National 
        Institutes of Standards and Technology, and the 
        Environmental Protection Agency.
    (c) Leadership Systems Facilities.--
          (1) In general.--As part of the program carried out 
        under this Act, the Secretary shall establish and 
        operate 1 or more Leadership Systems facilities to--
                  (A) conduct advanced scientific and 
                engineering research and development using 
                Leadership Systems; and
                  (B) develop potential advancements in high-
                end computing system hardware and software.
          (2) Administration.--In carrying out this subsection, 
        the Secretary shall provide to Leadership Systems, on a 
        competitive, merit-reviewed basis, access to 
        researchers in United States industry, institutions of 
        higher education, national laboratories, and other 
        Federal agencies.
    [(d) High-End Software Development Center.--
          [(1) In general.--As part of the program carried out 
        under this Act, the Secretary shall establish at least 
        1 High-End Software Development Center.
          [(2) Duties.--A Center shall concentrate efforts to 
        develop, test, maintain, and support optimal 
        algorithms, programming environments, tools, languages, 
        and operating systems for high-end computing systems.
          [(3) Proposals.--In soliciting proposals for the 
        Center, the Secretary shall encourage staffing 
        arrangements that include both permanent staff and a 
        rotating staff of researchers from other institutions 
        and industry to assist in coordination of research 
        efforts and promote technology transfer to the private 
        sector.
          [(4) Use of expertise.--The Secretary shall use the 
        expertise of a Center to assess research and 
        development in high-end computing system architecture.
          [(5) Selection.--The selection of a Center shall be 
        determined by a competitive proposal process 
        administered by the Secretary.]
    (d) Exascale Computing Program.--
          (1) In general.--The Secretary shall conduct a 
        research program (referred to in this subsection as the 
        `Program') to develop 2 or more exascale computing 
        machine architectures to promote the missions of the 
        Department.
          (2) Implementation.--
                  (A) In general.--In carrying out the Program, 
                the Secretary shall--
                          (i) establish 2 or more National 
                        Laboratory partnerships with industry 
                        partners and institutions of higher 
                        education for the research and 
                        development of 2 or more exascale 
                        computing architectures across all 
                        applicable organizations of the 
                        Department; and
                          (ii) provide, as appropriate, on a 
                        competitive, merit-reviewed basis, 
                        access for researchers in industries in 
                        the United States, institutions of 
                        higher education, National 
                        Laboratories, and other Federal 
                        agencies to the exascale computing 
                        systems developed pursuant to clause 
                        (i).
                  (B) Selection of partners.--The Secretary 
                shall select members for the partnerships with 
                the computing facilities of the Department 
                under subparagraph (A) through a competitive, 
                peer-review process.
          (3) Codesign and application development.--
                  (A) In general.--The Secretary shall carry 
                out the Program through an integration of 
                applications, computer science, applied 
                mathematics, and computer hardware architecture 
                using the partnerships established pursuant to 
                paragraph (2) to ensure that, to the maximum 
                extent practicable, 2 or more exascale 
                computing machine architectures are capable of 
                solving Department target applications and 
                broader scientific problems.
                  (B) Report.--The Secretary shall submit to 
                Congress a report on how the integration under 
                subparagraph (A) is furthering application 
                science data and computational workloads across 
                application interests, including national 
                security, material science, physical science, 
                cybersecurity, biological science, the 
                Materials Genome and BRAIN Initiatives of the 
                President, advanced manufacturing, and the 
                national electric grid.
          (4) Project review.--
                  (A) In general.--The exascale architectures 
                developed pursuant to partnerships established 
                pursuant to paragraph (2) shall be reviewed 
                through a project review process.
                  (B) Report.--Not later than 90 days after the 
                date of enactment of this subsection, the 
                Secretary shall submit to Congress a report 
                on--
                          (i) the results of the review 
                        conducted under subparagraph (A); and
                          (ii) the coordination and management 
                        of the Program to ensure an integrated 
                        research program across the Department.
          (5) Annual reports.--At the time of the budget 
        submission of the Department for each fiscal year, the 
        Secretary, in consultation with the members of the 
        partnerships established pursuant to paragraph (2), 
        shall submit to Congress a report that describes 
        funding for the Program as a whole by functional 
        element of the Department and critical milestones.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    In addition to amounts otherwise made available for high-
end computing, there are authorized to be appropriated to the 
Secretary to carry out [this Act] section 3(d)--
          [(1) $50,000,000 for fiscal year 2005;
          [(2) $55,000,000 for fiscal year 2006; and
          [(3) $60,000,000 for fiscal year 2007.]
          (1) $272,000,000 for fiscal year 2016;
          (2) $340,000,000 for fiscal year 2017; and 
          (3) $360,000,000 for fiscal year 2018.

           *       *       *       *       *       *       *

                              ----------                              


                 DEPARTMENT OF ENERGY ORGANIZATION ACT

Public Law 95-91, as amended

           *       *       *       *       *       *       *



                            TABLE OF CONTENTS

     * * * * * * *

                      TITLE VIII--ENERGY PLANNING 

[Sec. 801. National energy policy plan.]
Sec. 801. Quadrennial Energy Review.
Sec. 802. Congressional review.
     * * * * * * *

                           PRINCIPAL OFFICERS

    Sec. 202. (a) There shall be in the Department a Deputy 
Secretary, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall be 
compensated at the rate provided for level II of the Executive 
Schedule under section 5313 of title 5, United States Code. The 
Deputy Secretary shall act for and exercise the functions of 
the Secretary during the absence or disability of the Secretary 
or in the event the office of Secretary becomes vacant. The 
Secretary shall designate the order in which the Under 
Secretary and other officials shall act for and perform the 
functions of the Secretary during the absence or disability of 
both the Secretary and Deputy Secretary or in the event of 
vacancies in both of those offices.
    (b)(1) There shall be in the Department an Under Secretary 
[for Science] for Science and Energy (referred to in this 
subsection as the ``Under Secretary''), who shall be appointed 
by the President, by and with the advice and consent of the 
Senate.
    (2) The Under Secretary shall be compensated at the rate 
provided for level III of the Executive Schedule under section 
5314 of title 5, United States Code.
    (3) The Under Secretary [for Science] shall be appointed 
from among persons who--
          (A) have extensive background in scientific or 
        engineering fields; and
          (B) are well qualified to manage the civilian 
        research and development programs of the Department.
    (4) The Under Secretary [for Science] shall--
          (A) serve as the Science and Technology Advisor to 
        the Secretary;
          (B) monitor the research and development programs of 
        the Department in order to advise the Secretary with 
        respect to any undesirable duplication or gaps in the 
        programs;
          (C) advise the Secretary with respect to the well-
        being and management of the multipurpose laboratories 
        under the jurisdiction of the Department;
          (D) advise the Secretary with respect to education 
        and training activities required for effective short- 
        and long-term basic and applied research activities of 
        the Department;
          (E) advise the Secretary with respect to grants and 
        other forms of financial assistance required for 
        effective short- and long-term basic and applied 
        research activities of the Department;
          (F) advise the Secretary with respect to long-term 
        planning, coordination, and development of a strategic 
        framework for Department research and development 
        activities; [and]
          (G) carry out such additional duties assigned to the 
        Under Secretary by the Secretary relating to basic and 
        applied research, including supervision or support of 
        research activities carried out by any of the Assistant 
        Secretaries designated by section 203 of this Act, as 
        the Secretary considers advantageous[.];
          (H) establish appropriate linkages between offices 
        under the jurisdiction of the Under Secretary; and
          (I) perform such functions and duties as the 
        Secretary shall prescribe, consistent with this 
        section.

           *       *       *       *       *       *       *


                   ENERGY INFORMATION ADMINISTRATION

    Sec. 205. (a)(1) There shall be within the Department an 
Energy Information Administration headed by an Administrator 
who shall be appointed by the President, by and with the advice 
and consent of the Senate, and who shall be compensated at the 
rate provided for in level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. The Administrator 
shall be a person who, by reason of professional background and 
experience, is specially qualified to manage an energy 
information system.

           *       *       *       *       *       *       *

    (n) Collection of Information on Critical Energy 
Supplies.--
          (1) In general.--To ensure transparency of 
        information relating to energy infrastructure and 
        product ownership in the United States and improve the 
        ability to evaluate the energy security of the United 
        States, the Administrator, in consultation with other 
        Federal agencies (as necessary), shall--
                  (A) not later than 120 days after the date of 
                enactment of this subsection, develop and 
                provide notice of a plan to collect, in 
                cooperation with the Commodity Futures Trade 
                Commission, information identifying all oil 
                inventories, and other physical oil assets 
                (including all petroleum-based products and the 
                storage of such products in off-shore tankers), 
                that are owned by the 50 largest traders of oil 
                contracts (including derivative contracts), as 
                determined by the Commodity Futures Trade 
                Commission; and
                  (B) not later than 90 days after the date on 
                which notice is provided under subparagraph 
                (A), implement the plan described in that 
                subparagraph.
          (2) Information.--The plan required under paragraph 
        (1) shall include a description of the plan of the 
        Administrator for collecting company-specific data, 
        including--
                  (A) volumes of product under ownership; and
                  (B) storage and transportation capacity 
                (including owned and leased capacity).
          (3) Protection of proprietary information.--Section 
        12(f) of the Federal Energy Administration Act of 1974 
        (15 U.S.C. 771(f)) shall apply to information collected 
        under this subsection.
    (o) Collection of Information on Storage Capacity for Oil 
and Natural Gas.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this subsection, the Administrator 
        of the Energy Information Administration shall collect 
        information quantifying the commercial storage capacity 
        for oil and natural gas in the United States.
          (2) Updates.--The Administrator shall update annually 
        the information required under paragraph (1).
          (3) Protection of proprietary information.--Section 
        12(f) of the Federal Energy Administration Act of 1974 
        (15 U.S.C. 771(f)) shall apply to information collected 
        under this subsection.
    (p) Financial Market Analysis Office.--
          (1) Establishment.--There shall be within the Energy 
        Information Administration a Financial Market Analysis 
        Office.
          (2) Duties.--The Office shall--
                  (A) be responsible for analysis of the 
                financial aspects of energy markets;
                  (B) review the reports required by section 
                4503(c) of the Energy Policy Modernization Act 
                of 2015 in advance of the submission of the 
                reports to Congress; and
                  (C) not later than 1 year after the date of 
                enactment of this subsection--
                          (i) make recommendations to the 
                        Administrator of the Energy Information 
                        Administration that identify and 
                        quantify any additional resources that 
                        are required to improve the ability of 
                        the Energy Information Administration 
                        to more fully integrate financial 
                        market information into the analyses 
                        and forecasts of the Energy Information 
                        Administration, including the role of 
                        energy futures contracts, energy 
                        commodity swaps, and derivatives in 
                        price formation for oil;
                          (ii) conduct a review of implications 
                        of policy changes (including changes in 
                        export or import policies) and changes 
                        in how crude oil and refined petroleum 
                        products are transported with respect 
                        to price formation of crude oil and 
                        refined petroleum products; and
                          (iii) notify the Committee on Energy 
                        and Natural Resources, and the 
                        Committee on Appropriations, of the 
                        Senate and the Committee on Energy and 
                        Commerce, and the Committee on 
                        Appropriations, of the House of 
                        Representatives of the recommendations 
                        described in clause (i).
          (3) Analyses.--The Administrator of the Energy 
        Information Administration shall take analyses by the 
        Office into account in conducting analyses and 
        forecasting of energy prices.

           *       *       *       *       *       *       *


                                SUBPENA

    Sec. 645. For the purpose of carrying out the provisions of 
this Act, the Secretary, or his duly authorized agent or 
agents, shall have the same powers and authorities as the 
Federal Trade Commission under section 9 of the Federal Trade 
Commission Act with respect to all functions vested in, or 
transferred or delegated to, the Secretary or such agents by 
this Act. For purposes of carrying out its responsibilities 
under the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et 
seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.), the 
Commission shall have the same powers and authority as the 
Secretary has under this section.

           *       *       *       *       *       *       *


                      TITLE VIII--ENERGY PLANNING

                      NATIONAL ENERGY POLICY PLAN

    [Sec. 801. (a) The President shall--
          [(1) prepare and submit to the Congress a proposed 
        National Energy Policy Plan (hereinafter in this title 
        referred to as a ``proposed Plan'') as provided in 
        subsection (b);
          [(2) seek the active participation by regional, 
        State, and local agencies and instrumentalities and the 
        private sector through public hearings in cities and 
        rural communities and other appropriate means to insure 
        that the views and proposals of all segments of the 
        economy are taken into account in the formulation and 
        review of such proposed Plan;
          [(3) include within the proposed Plan a comprehensive 
        summary of data pertaining to all fuel and energy needs 
        of persons residing in--
                  [(A) areas outside standard metropolitan 
                statistical areas; and
                  [(B) areas within standard metropolitan 
                statistical areas which are unincorporated or 
                are specified by the Bureau of the Census, 
                Department of Commerce, as rural areas.
    [(b) Not later than April 1, 1979, and biennially 
thereafter, the President shall transmit to the Congress the 
proposed Plan. Such proposed Plan shall--
          [(1) consider and establish energy production, 
        utilization, and conservation objectives, for periods 
        of five and ten years, necessary to satisfy projected 
        energy needs of the United States to meet the 
        requirements of the general welfare of the people of 
        the United States and the commercial and industrial 
        life of the Nation, paying particular attention to the 
        needs for full employment, price stability, energy 
        security, economic growth, environmental protection, 
        nuclear non-proliferation, special regional needs, and 
        the efficient utilization of public and private 
        resources;
          [(2) identify the strategies that should be followed 
        and the resources that should be committed to achieve 
        such objectives, forecasting the level of production 
        and investment necessary in each of the significant 
        energy supply sectors and the level of conservation and 
        investment necessary in each consuming sector, and 
        outlining the appropriate policies and actions of the 
        Federal Government that will maximize the private 
        production and investment necessary in each of the 
        significant energy supply sectors consistent with 
        applicable Federal, State, and local environmental 
        laws, standards, and requirements; and
          [(3) recommend legislative and administrative actions 
        necessary and desirable to achieve the objectives of 
        such proposed Plan, including legislative 
        recommendations with respect to taxes or tax 
        incentives, Federal funding, regulatory actions, 
        antitrust policy, foreign policy, and international 
        trade.
    [(c) The President shall submit to the Congress with the 
proposed Plan a report which shall include--
          [(1) whatever data and analysis are necessary to 
        support the objectives, resource needs, and policy 
        recommendations contained in such proposed Plan;
          [(2) an estimate of the domestic and foreign energy 
        supplies on which the United States will be expected to 
        rely to meet projected energy needs in an economic 
        manner consistent with the need to protect the 
        environment, conserve natural resources, and implement 
        foreign policy objectives;
          [(3) an evaluation of current and foreseeable trends 
        in the price, quality, management, and utilization of 
        energy resources and the effects of those trends on the 
        social, environmental, economic, and other requirements 
        of the Nation;
          [(4) a summary of research and development efforts 
        funded by the Federal Government to forestall energy 
        shortages, to reduce waste, to foster recycling, to 
        encourage conservation practices, and to otherwise 
        protect environmental quality, including 
        recommendations for developing technologies to 
        accomplish such purposes; and
          [(5) a review and appraisal of the adequacy and 
        appropriateness of technologies, procedures, and 
        practices (including competitive and regulatory 
        practices) employed by Federal, State, and local 
        governments and nongovernmental entities to achieve the 
        purposes of the Plan.
    [(d) The President shall insure that consumers, small 
businesses, and a wide range of other interests, including 
those of individual citizens who have no financial interest in 
the energy industry, are consulted in the development of the 
Plan.]

SEC. 801. QUADRENNIAL ENERGY REVIEW.

    (a) Quadrennial Energy Review Task Force.--
          (1) Establishment.--The President shall establish a 
        Quadrennial Energy Review Task Force (referred to in 
        this section as the ``Task Force'') to coordinate the 
        Quadrennial Energy Review.
          (2) Cochairpersons.--The President shall designate 
        appropriate senior Federal Government officials to be 
        cochairpersons of the Task Force.
          (3) Membership.--The Task Force may be comprised of 
        representatives at level I or II of the Executive 
        Schedule of--
                  (A) the Department of Energy;
                  (B) the Department of Commerce;
                  (C) the Department of Defense;
                  (D) the Department of State;
                  (E) the Department of the Interior;
                  (F) the Department of Agriculture;
                  (G) the Department of the Treasury;
                  (H) the Department of Transportation;
                  (I) the Department of Homeland Security;
                  (J) the Office of Management and Budget;
                  (K) the National Science Foundation;
                  (L) the Environmental Protection Agency; and
                  (M) such other Federal agencies, and entities 
                within the Executive Office of the President, 
                as the President considers to be appropriate.
    (b) Conduct of Review.--
          (1) In general.--Each Quadrennial Energy Review shall 
        be conducted to--
                  (A) provide an integrated view of important 
                national energy objectives and Federal energy 
                policy; and
                  (B) identify the maximum practicable 
                alignment of research programs, incentives, 
                regulations, and partnerships.
          (2) Elements.--A Quadrennial Energy Review shall--
                  (A) establish integrated, governmentwide 
                national energy objectives in the context of 
                economic, environmental, and security 
                priorities;
                  (B) recommend coordinated actions across 
                Federal agencies;
                  (C) assess and recommend priorities for 
                research, development, and demonstration;
                  (D) provide a strong analytical base for 
                Federal energy policy decisions;
                  (E) consider reasonable estimates of future 
                Federal budgetary resources when making 
                recommendations; and
                  (F) be conducted with substantial input 
                from--
                          (i) Congress;
                          (ii) the energy industry;
                          (iii) academia;
                          (iv) State, local, and tribal 
                        governments;
                          (v) nongovernmental organizations; 
                        and
                          (vi) the public.
    (c) Submission of Quadrennial Energy Review to Congress.--
          (1) In general.--The President--
                  (A) shall publish and submit to Congress a 
                report on the Quadrennial Energy Review once 
                every 4 years; and
                  (B) more frequently than once every 4 years, 
                as the President determines to be appropriate, 
                may prepare and publish interim reports as part 
                of the Quadrennial Energy Review.
          (2) Inclusions.--The reports described in paragraph 
        (1) shall address or consider, as appropriate--
                  (A) an integrated view of short-term, 
                intermediate-term, and long-term objectives for 
                Federal energy policy in the context of 
                economic, environmental, and security 
                priorities;
                  (B) potential executive actions (including 
                programmatic, regulatory, and fiscal actions) 
                and resource requirements--
                          (i) to achieve the objectives 
                        described in subparagraph (A); and
                          (ii) to be coordinated across 
                        multiple agencies;
                  (C) analysis of the existing and prospective 
                roles of parties (including academia, industry, 
                consumers, the public, and Federal agencies) in 
                achieving the objectives described in 
                subparagraph (A), including--
                          (i) an analysis by energy use sector, 
                        including--
                                  (I) commercial and 
                                residential buildings;
                                  (II) the industrial sector;
                                  (III) transportation; and
                                  (IV) electric power;
                          (ii) requirements for invention, 
                        adoption, development, and diffusion of 
                        energy technologies as they relate to 
                        each of the energy use sectors; and
                          (iii) other research that informs 
                        strategies to incentivize desired 
                        actions;
                  (D) assessment of policy options to increase 
                domestic energy supplies and energy efficiency;
                  (E) evaluation of national and regional 
                energy storage, transmission, and distribution 
                requirements, including requirements for 
                renewable energy;
                  (F) portfolio assessments that describe the 
                optimal deployment of resources, including 
                prioritizing financial resources for energy-
                relevant programs;
                  (G) mapping of the linkages among basic 
                research and applied programs, demonstration 
                programs, and other innovation mechanisms 
                across the Federal agencies;
                  (H) identification of demonstration projects;
                  (I) identification of public and private 
                funding needs for various energy technologies, 
                systems, and infrastructure, including 
                consideration of public-private partnerships, 
                loans, and loan guarantees;
                  (J) assessment of global competitors and an 
                identification of programs that can be enhanced 
                with international cooperation;
                  (K) identification of policy gaps that need 
                to be filled to accelerate the adoption and 
                diffusion of energy technologies, including 
                consideration of--
                          (i) Federal tax policies; and
                          (ii) the role of Federal agencies as 
                        early adopters and purchasers of new 
                        energy technologies;
                  (L) priority listing for implementation of 
                objectives and actions taking into account 
                estimated Federal budgetary resources;
                  (M) analysis of--
                          (i) points of maximum leverage for 
                        policy intervention to achieve 
                        outcomes; and
                          (ii) areas of energy policy that can 
                        be most effective in meeting national 
                        goals for the energy sector; and
                  (N) recommendations for executive branch 
                organization changes to facilitate the 
                development and implementation of Federal 
                energy policies.
    (d) Report Development.--The Secretary of Energy shall 
provide such support for the Quadrennial Energy Review with the 
necessary analytical, financial, and administrative support for 
the conduct of each Quadrennial Energy Review required under 
this section as may be requested by the cochairpersons 
designated under subsection (a)(2).
    (e) Cooperation.--The heads of applicable Federal agencies 
shall cooperate with the Secretary and provide such assistance, 
information, and resources as the Secretary may require to 
assist in carrying out this section.

           *       *       *       *       *       *       *

                              ----------                              


         DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT

Part E of Title XXXI of Public Law 101-510

           *       *       *       *       *       *       *



SEC. 3164. SCIENCE EDUCATION PROGRAMS.

    (a) Programs.--The Secretary is authorized to establish 
programs to enhance the quality of mathematics, science, and 
engineering education. Any such programs shall be operated at 
or through the support of Department research and development 
facilities, shall use the scientific resources of the 
Department, and shall be consistent with the overall Federal 
plan for education and human resources in science and 
technology developed by the Federal Coordinating Council for 
Science, Engineering, and Technology.
    (b) Organization of Science, Engineering, and Mathematics 
Education Programs.--
          [(1) Director of science, engineering, and 
        mathematics education.--Notwithstanding any other 
        provision of law, the Secretary, acting through the 
        Under Secretary for Science (referred to in this 
        subsection as the ``Under Secretary''), shall appoint a 
        Director of Science, Engineering, and Mathematics 
        Education (referred to in this subsection as the 
        ``Director'') with the principal responsibility for 
        administering science, engineering, and mathematics 
        education programs across all functions of the 
        Department.
          [(2) Qualifications.--The Director shall be an 
        individual, who by reason of professional background 
        and experience, is specially qualified to advise the 
        Under Secretary on all matters pertaining to science, 
        engineering, and mathematics education at the 
        Department.]
          (1) In general.--The Director of the Office of 
        Science (referred to in this subsection as the 
        ``Director'') shall provide for appropriate 
        coordination of science, technology, engineering, and 
        mathematics education programs across all functions of 
        the Department.
          (2) Administration.--In carrying out paragraph (1), 
        the Director shall--
                  (A) consult with--
                          (i) the Assistant Secretary of Energy 
                        with responsibility for energy 
                        efficiency and renewable energy 
                        programs; and
                          (ii) the Deputy Administrator for 
                        Defense Programs of the National 
                        Nuclear Security Administration; and
                  (B) seek to increase the participation and 
                advancement of women and underrepresented 
                minorities at every level of science, 
                technology, engineering, and mathematics 
                education.
          (3) Duties.--The Director shall--
                  (A) oversee all science, engineering, and 
                mathematics education programs of the 
                Department;
                  (B) represent the Department as the principal 
                interagency liaison for all science, 
                engineering, and mathematics education 
                programs, unless otherwise represented by the 
                Secretary or the Under Secretary;
                  (C) prepare the annual budget and advise the 
                Under Secretary on all budgetary issues for 
                science, engineering, and mathematics education 
                programs of the Department;
                  (D) increase, to the maximum extent 
                practicable, the participation and advancement 
                of women and underrepresented minorities at 
                every level of science, technology, 
                engineering, and mathematics education; [and]
                  (E) represent the Department as the principal 
                interagency liaison for all coordination 
                activities under the President for science, 
                technology, engineering, and mathematics 
                education programs; and
                  [(E)](F) perform other such matters relating 
                to science, engineering, and mathematics 
                education as are required by the Secretary or 
                the Under Secretary.
          (4) Staff and other resources.--The Secretary shall 
        assign to the Director such personnel and other 
        resources as the Secretary considers necessary to 
        permit the Director to carry out the duties of the 
        Director.
          (5) Assessment.--
                  (A) In general.--The Secretary shall offer to 
                enter into a contract with the National Academy 
                of Sciences under which the National Academy, 
                not later than 5 years after, and not later 
                than 10 years after, the date of enactment of 
                this paragraph, shall assess the performance of 
                the science, engineering, and mathematics 
                education programs of the Department.
                  (B) Considerations.--An assessment under this 
                paragraph shall be conducted taking into 
                consideration, where applicable, the effect of 
                science, engineering, and mathematics education 
                programs of the Department on student academic 
                achievement in science and mathematics.
          (6) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are 
        necessary to carry out this subsection.
    (c) Relationship to Other Department Activities.--The 
programs described in subsection (a) shall supplement and be 
coordinated with current activities of the Department, but 
shall not supplant them.
    (d) Science, Engineering, and Mathematics Education Fund.--
[The Secretary]
          (1) In general.--The Secretary shall establish a 
        Science, Engineering, and Mathematics Education Fund, 
        using not less than 0.3 percent of the amount made 
        available to the Department for research, development, 
        demonstration, and commercial application for each 
        fiscal year, to carry out sections 3165, 3166, and 
        3167.
          (2) Report.--Not later than 180 days after the date 
        of enactment of this subparagraph, the Director shall 
        submit a report describing the impact of the activities 
        assisted with the Fund established under paragraph (1) 
        to--
                  (A) the Committee on Science, Space, and 
                Technology of the House of Representatives; and
                  (B) the Committee on Energy and Natural 
                Resources of the Senate.
    (e) Annual Plan for Allocation of Education Funding.--The 
Secretary shall submit to Congress as part of the annual budget 
submission for a fiscal year a report describing the manner in 
which the Department has complied with subsection (d) for the 
prior fiscal year and the manner in which the Department 
proposes to comply with subsection (d) during the following 
fiscal year, including--
          (1) the total amount of funding for research, 
        development, demonstration, and commercial application 
        activities for the corresponding fiscal year;
          (2) the amounts set aside for the Science, 
        Engineering, and Mathematics Education Fund under 
        subsection (d) from funding for research activities, 
        development activities, demonstration activities, and 
        commercial application activities for the corresponding 
        fiscal year; and
          (3) a description of how the funds set aside under 
        subsection (d) were allocated for the prior fiscal year 
        and will be allocated for the following fiscal year.
    (f) Programs for Students From Under-Represented Groups.--
In carrying out a program under subsection (a), the Secretary 
shall give priority to activities that are designed to 
encourage students from under-represented groups to pursue 
scientific and technical careers.

           *       *       *       *       *       *       *


[SEC. 3181. NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE, 
                    TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION.

    [(a) Definition of High-Need Public Secondary School.--In 
this section, the term ``high-need public secondary school'' 
means a secondary school--
          [(1) with a high concentration of low-income 
        individuals (as defined in section 1707 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6537)); or
          [(2) designated with a school locale code of 41, 42, 
        or 43, as determined by the Secretary of Education.
    [(b) Establishment.--The Secretary shall establish at each 
of the National Laboratories a program to support a Center of 
Excellence in Science, Technology, Engineering, and Mathematics 
(referred to in this section as a ``Center of Excellence'') in 
at least 1 high-need public secondary school located in the 
region served by the National Laboratory to provide assistance 
in accordance with subsection (f).
    [(c) Collaboration.--
          [(1) In general.--To comply with subsection (g), each 
        high-need public secondary school selected as a Center 
        of Excellence and the National Laboratory shall form a 
        partnership with a school, department, or program of 
        education at an institution of higher education.
          [(2) Nonprofit entities.--The partnership may include 
        a nonprofit entity with demonstrated experience and 
        effectiveness in science or mathematics, as agreed to 
        by other members of the partnership.
    [(d) Selection.--
          [(1) In general.--The Secretary, acting through the 
        Director, shall establish criteria to guide the 
        National Laboratories in selecting the sites for 
        Centers of Excellence.
          [(2) Process.--A National Laboratory shall select a 
        site for a Center of Excellence through an open, 
        widely-publicized, and competitive process.
    [(e) Goals.--The Secretary shall establish goals and 
performance assessments for each Center of Excellence 
authorized under subsection (b).
    [(f) Assistance.--Consistent with sections 3165 and 3166, 
the Director shall make available necessary assistance for a 
program established under this section through the use of 
scientific and engineering staff of a National Laboratory, 
including the use of staff--
          [(1) to assist teachers in teaching a course at a 
        Center of Excellence in Science, Technology, 
        Engineering, and Mathematics; and
          [(2) to use National Laboratory scientific equipment 
        in the teaching of the course.
    [(g) Special Rules.--A Center of Excellence in a region 
shall ensure--
          [(1) provision of clinical practicum, student 
        teaching, or internship experiences for science, 
        technology, and mathematics teacher candidates as part 
        of the teacher preparation program of the Center of 
        Excellence;
          [(2) provision of supervision and mentoring for 
        teacher candidates in the teacher preparation program; 
        and
          [(3) to the maximum extent practicable, provision of 
        professional development for veteran teachers in the 
        public secondary schools in the region.
    [(h) Evaluation.--The Secretary shall consider the results 
of performance assessments required under subsection (e) in 
determining the contract award fee of a National Laboratory 
management and operations contractor.
    [(i) Plan.--The Director shall--
          [(1) develop an evaluation and accountability plan 
        for the activities funded under this section that 
        objectively measures the impact of the activities; and
          [(2) disseminate information obtained from those 
        measurements.
    [(j) No Effect on similar programs.--Nothing in this 
section displaces or otherwise affects any similar program 
being carried out as of the date of enactment of this section 
at any National Laboratory under any other provision of law.]

           *       *       *       *       *       *       *


[SEC. 3185. SUMMER INSTITUTES.

    [(a) Definitions.--In this section:
          [(1) Eligible partner.--The term ``eligible partner'' 
        means--
                  [(A) the science, engineering, or mathematics 
                department at an institution of higher 
                education, acting in coordination with a 
                school, department, or program of education at 
                an institution of higher education that 
                provides training for teachers and principals; 
                or
                  [(B) a nonprofit entity with expertise in 
                providing professional development for science, 
                technology, engineering, or mathematics 
                teachers.
          [(2) Summer institute.--The term ``summer institute'' 
        means an institute, operated during the summer, that--
                  [(A) is hosted by a National Laboratory or an 
                eligible partner;
                  [(B) is operated for a period of not less 
                than 2 weeks;
                  [(C) includes, as a component, a program that 
                provides direct interaction between students 
                and faculty, including personnel of 1 or more 
                National Laboratories who have scientific 
                expertise;
                  [(D) provides for follow-up training, during 
                the academic year, that is conducted in the 
                classroom; and
                  [(E) provides hands-on science, technology, 
                engineering, or mathematics laboratory 
                experience for not less than 2 days.
    [(b) Summer Institute Programs Authorized.--
          [(1) Programs at the national laboratories.--The 
        Secretary, acting through the Director, shall establish 
        or expand programs of summer institutes at each of the 
        National Laboratories to provide additional training to 
        strengthen the science, technology, engineering, and 
        mathematics teaching skills of teachers employed at 
        public schools for kindergarten through grade 12, in 
        accordance with the activities authorized under 
        paragraphs (3) and (4).
          [(2) Programs with eligible partners.--
                  [(A) In general.--The Secretary, acting 
                through the Director, shall identify and 
                provide assistance as described in subparagraph 
                (C) to eligible partners to establish or expand 
                programs of summer institutes that provide 
                additional training to strengthen the science, 
                technology, engineering, and mathematics 
                teaching skills of teachers employed at public 
                schools for kindergarten through grade 12, in 
                accordance with paragraphs (3) and (4).
                  [(B) Selection criteria.--In identifying 
                eligible partners under subparagraph (A), the 
                Secretary shall require that partner 
                institutions describe--
                          [(i) how the partner institution has 
                        the capability to administer the 
                        program in accordance with this 
                        section, which may include a 
                        description of any existing programs at 
                        the institution of the applicant that 
                        are targeted at education of science 
                        and mathematics teachers and the number 
                        of teachers graduated annually from the 
                        programs; and
                          [(ii) how the partner institution 
                        will assist the National Laboratory in 
                        carrying out the activities described 
                        in paragraphs (3) and (4).
                  [(C) Assistance.--Consistent with sections 
                3165 and 3166, the Director shall make 
                available funds authorized under this section 
                to carry out a program using scientific and 
                engineering staff of the National Laboratories, 
                during which the staff--
                          [(i) assists in providing training to 
                        teachers at summer institutes; and
                          [(ii) uses National Laboratory 
                        scientific equipment in the training.
          [(3) Required activities.--Funds authorized under 
        this section shall be used for--
                  [(A) creating opportunities for enhanced and 
                ongoing professional development for teachers 
                that improves the science, technology, 
                engineering, and mathematics content knowledge 
                of the teachers;
                  [(B) training to improve the ability of 
                science, technology, engineering, and 
                mathematics teachers to translate content 
                knowledge and recent developments in pedagogy 
                into classroom practice, including training to 
                use curricula that are--
                          [(i) based on scientific research; 
                        and
                          [(ii) aligned with challenging State 
                        academic content standards;
                  [(C) training on the use and integration of 
                technology in the classrooms; and
                  [(D) supplemental and follow-up professional 
                development activities as described in 
                subsection (a)(2)(D).
          [(4) Additional uses of funds.--Funds authorized 
        under this section may be used for--
                  [(A) training and classroom materials to 
                assist in carrying out paragraph (3);
                  [(B) expenses associated with scientific and 
                engineering staff at the National Laboratories 
                assisting in providing training to teachers at 
                summer institutes;
                  [(C) instruction in the use and integration 
                of data and assessments to inform and instruct 
                classroom practice; and
                  [(D) stipends and travel expenses for 
                teachers participating in the program.
    [(c) Priority.--To the maximum extent practicable, the 
Director shall ensure that each summer institute program 
authorized under subsection (b) provides training to--
          [(1) teachers from a wide range of school districts;
          [(2) teachers from high-need school districts; and
          [(3) teachers from groups underrepresented in the 
        fields of science, technology, engineering, and 
        mathematics teaching, including women and members of 
        minority groups.
    [(d) Coordination and Consultation.--The Director shall 
consult and coordinate with the Secretary of Education and the 
Director of the National Science Foundation regarding the 
implementation of the programs authorized under subsection (b).
    [(e) Evaluation and Accountability Plan.--
          [(1) In general.--The Director shall develop an 
        evaluation and accountability plan for the activities 
        funded under this section that measures the impact of 
        the activities.
          [(2) Contents.--The evaluation and accountability 
        plan shall include--
                  [(A) measurable objectives to increase the 
                number of science, technology, and mathematics 
                teachers who participate in the summer 
                institutes involved; and
                  [(B) measurable objectives for improved 
                student academic achievement on State science, 
                mathematics, and to the maximum extent 
                applicable, technology and engineering 
                assessments.
          [(3) Report to congress.--The Secretary shall submit 
        to Congress with the annual budget submission of the 
        Secretary a report on how the activities assisted under 
        this section improve the science, technology, 
        engineering, and mathematics teaching skills of 
        participating teachers.
    [(f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [(1) $15,000,000 for fiscal year 2008;
          [(2) $20,000,000 for fiscal year 2009;
          [(3) $25,000,000 for fiscal year 2010; and
          [(4) $25,000,000 for each of fiscal years 2011 
        through 2013.]

           *       *       *       *       *       *       *


[SEC. 3195. MENTORING PROGRAM.

    [(a) In General.--As part of the programs established under 
chapters 3 and 4, the Director shall establish a program to 
recruit and provide mentors for women and underrepresented 
minorities who are interested in careers in science, 
engineering, and mathematics.
    [(b) Pairing.--The program shall pair mentors with women 
and minorities who are in programs of study at specialty 
schools for science and mathematics, Centers of Excellence, and 
summer institutes established under chapters 3 and 4, 
respectively.
    [(c) Program Evaluation.--The Secretary shall annually--
          [(1) use metrics to evaluate the success of the 
        programs established under subsection (a); and
          [(2) submit to Congress a report that describes the 
        results of each evaluation.]

           *       *       *       *       *       *       *

                              ----------                              


               EMERGENCY ENERGY CONSERVATION ACT OF 1979

Public Law 96-102

           *       *       *       *       *       *       *



                            TABLE OF CONTENTS

     * * * * * * *

                 TITLE II--EMERGENCY ENERGY CONSERVATION

[Sec. 201. Findings and purposes.]
Sec. 202. Definitions.

              PART A--EMERGENCY ENERGY CONSERVATION PROGRAM

Sec. 212. State emergency conservation plan.rvation targets.
Sec. 213. Standby Federal conservation plan.
Sec. 214. Judicial review.
Sec. 215. Reports.

             PART B--OTHER AUTOMOBILE FUEL PURCHASE MEASURES

[Sec. 221. Minimum automobile fuel purchases.]
[Sec. 222. Out-of-State vehicles to be exempted from odd-even motor fuel 
          purchase restrictions.]

                PART C--BUILDING TEMPERATURE RESTRICTIONS

Sec. 231. Amendment to Energy Policy and Conservation Act.

                             PART D--STUDIES

[Sec. 241. Studies.]
Sec. 242. Middle distillate monitoring program.
     * * * * * * *

SEC. 201. [FINDINGS AND] PURPOSES.

    [(a) Findings.--The Congress finds that--
          [(1) serious disruptions have recently occurred in 
        the gasoline and diesel fuel markets of the United 
        States;
          [(2) it is likely that such disruptions will recur;
          [(3) interstate commerce is significantly affected by 
        those market disruptions;
          [(4) an urgent need exists to provide for emergency 
        conservation and other measures with respect to 
        gasoline, diesel fuel, home heating oil, and other 
        energy sources in potentially short supply in order to 
        cope with market disruptions and protect interstate 
        commerce; and
          [(5) up-to-date and reliable information concerning 
        the supply and demand of gasoline, diesel fuel, and 
        other related data is not available to the President, 
        the Congress, or the public.]
    (b) Purposes.--The purposes of this title are to--
          (1) provide a means for the Federal Government, 
        States, and units of local government to establish 
        emergency conservation measures with respect to 
        gasoline, diesel fuel, home heating oil, and other 
        energy sources which may be in short supply;
          (2) establish other emergency measures to alleviate 
        disruptions in gasoline and diesel fuel markets;
          (3) obtain data concerning such fuels; and
          (4) protect interstate commerce.

           *       *       *       *       *       *       *


[SEC. 221. MINIMUM AUTOMOBILE FUEL PURCHASES.

    [(a) General Rule.--If the provisions of this subsection 
are made applicable under subsection (c), no person shall 
purchase motor fuel from a motor fuel retailer in any 
transaction for use in any automobile or other vehicle unless--
          [(1) the price for the quantity purchased and placed 
        into the fuel tank of that vehicle equals or exceeds 
        $5.00; or
          [(2) in any case in which the amount paid for the 
        quantity of motor fuel necessary to fill the fuel tank 
        of that vehicle to capacity is less than $5.00, such 
        person pays to the retailer an additional amount so 
        that the total amount paid in that transaction equals 
        $5.00.
[Any person selling motor fuel in transactions to which the 
provisions of this subsection apply shall display at the point 
of sale notice of such provisions in accordance with 
regulations prescribed by the Secretary.
    [(b) $7.00 To Be Applicable in the Case of 8-Cylinder 
Vehicles.--In applying subsection (a) in the case of any 
vehicle with an engine having 8 cylinders (or more), ``$7.00'' 
shall be substituted for ``$5.00''.
    [(c) Applicability.--(1) Unless applicable pursuant to 
paragraph (2), the requirements of subsection (a) shall apply 
in any State and shall be administered and enforced as provided 
in subsection (g) only if--
          [(A) the Governor of that State submits a request to 
        the Secretary to have such requirements applicable in 
        that State; and
          [(B) the attorney general of that State has found 
        that (i) absent a delegation of authority under a 
        Federal law, the Governor lacks the authority under the 
        laws of the State to invoke comparable requirements, 
        (ii) under applicable State law, the Governor and other 
        appropriate State officers and employees are not 
        prevented from administering and enforcing such 
        requirements under a delegation of authority pursuant 
        to Federal law, and (iii) if implemented such 
        requirements would not be contrary to State law.
[Subject to paragraph (2), such provisions shall cease to apply 
in any State if the Governor of the State withdraws any request 
under subparagraph (A).
    [(2) The requirements of subsection (a) shall apply in 
every State if there is in effect a finding by the President 
that nationwide implementation of such requirements would be 
appropriate and consistent with the purposes of this title.
    [(3) Such requirements shall take effect in any State 
beginning on the 5th day after the Secretary or the President 
(as the case may be) publishes notice in the Federal Register 
of the applicability of the requirements to the State pursuant 
to paragraph (1) or (2).
    [(4) Notwithstanding any other provision of law, the 
authority vested in the President under paragraph (2) may not 
be delegated.
    [(d) Exemptions.--The requirements of subsection (a) shall 
not apply to any motorcycle or motorpowered bicycle, or to any 
comparable vehicle as may be determined by the Secretary by 
regulation.
    [(e) Adjustment of Minimum Levels.--The Secretary may 
increase the $5.00 and $7.00 amounts specified in subsections 
(a) and (b) if the Secretary considers it appropriate. 
Adjustments under this subsection shall be only in even dollar 
amounts.
    [(f) Civil Penalties.--(1) Whoever violates the 
requirements of subsection (a) shall be subject to a civil 
penalty of not to exceed $100 for each violation.
    [(2) Any penalty under paragraph (1) may be assessed by the 
court in any action under this section brought in any 
appropriate United States district court or any other court of 
competent jurisdiction. Except to the extent provided in 
paragraph (3), any such penalty collected shall be deposited 
into the general fund of the United States Treasury as 
miscellaneous receipts.
    [(3) The Secretary may enter into an agreement with the 
Governor of any State under which amounts collected pursuant to 
this subsection may be collected and retained by the State to 
the extent necessary to cover costs incurred by that State in 
connection with the administration and enforcement of the 
requirements of subsection (a) the authority for which is 
delegated under subsection (g).
    [(g) Administration and Enforcement Delegated to States.--
(1) There is hereby delegated to the Governor of any State, and 
other State and local officers and employees designated by the 
Governor, the authority to administer and enforce, within that 
State, any provision of this part which is to be administered 
and enforced in accordance with this section. Such authority 
includes the authority to institute actions on behalf of the 
United States for the imposition and collection of civil 
penalties under subsection (f).
    [(2)(A) All delegation of authority under paragraph (1) 
with respect to any State shall be considered revoked effective 
(i) upon the receipt of a written waiver of authority signed by 
the Governor of such State or (ii) upon a determination by the 
President that such delegation should be revoked, but only to 
the extent of that determination.
    [(B) If at any time the conditions of subsection (c)(1)(B) 
are no longer satisfied in any State to which a delegation has 
been made under paragraph (1), the attorney general of that 
State shall transmit a written statement to that effect to the 
Governor of that State and to the President. Such delegation 
shall be considered revoked effective upon receipt by the 
President of such written statement and a determination by the 
President that such conditions are no longer satisfied, but 
only to the extent of that determination and consistent with 
such attorney general's statement.
    [(C) Any revocation under subparagraph (A) or (B) shall not 
affect any action or pending proceedings, administrative or 
civil, not finally determined on the date of such revocation, 
nor any administrative or civil action or proceeding, whether 
or not pending, based on any act committed or liability 
incurred prior to such revocation.
    [(D) The Secretary shall administer and enforce any 
provision of this part which has been made effective under 
subsection (c)(2) and for which a delegation of authority is 
considered revoked under subparagraph (A).
    [(h) Coordination With Other Law.--The charging and 
collecting of amounts referred to in subsection (a)(2) under 
the requirements of subsection (a), or similar amounts 
collected under comparable requirements under any State law, 
shall not be considered a violation of--
          [(1) the Emergency Petroleum Allocation Act of 1973 
        or any regulation thereunder; or
          [(2) any Federal or State law requiring the labeling 
        or disclosure of the maximum price per gallon of any 
        fuel.]

[SEC. 222. OUT-OF-STATE VEHICLES TO BE EXEMPTED FROM ODD-EVEN MOTOR 
                    FUEL PURCHASE RESTRICTIONS.

    [(a) General Rule.--Notwithstanding any provision of any 
Federal, State, or local law, any odd-even fuel purchase plan 
in effect in any State may not prohibit the sale of motor fuel 
to any person for use in a vehicle bearing a license plate 
issued by any authority other than that State or a State 
contiguous to that State.
    [(b) Definitions.--For purposes of this section the term 
``odd-even fuel purchase plan'' means any motor fuel sales 
restriction under which a person may purchase motor fuel for 
use in any vehicle only on days (or other periods of time) 
determined on the basis of a number or letter appearing on the 
license plate of that vehicle (or on any similar basis).]

           *       *       *       *       *       *       *


[SEC. 241. STUDIES.

    [(a) Study of Commercial and Industrial Storage of Fuel.--
Not later than 180 days after the date of the enactment of this 
part, the Secretary shall conduct a study and report to the 
Congress regarding the commercial and industrial storage of 
gasoline and middle distillates (other than storage in 
facilities which have capacities of less than 500 gallons or 
storage used exclusively and directly for agricultural, 
residential, petroleum refining, or pipeline transportation 
purposes).
    [(b) Contents of Report.--Such report shall--
          [(1) indicate to what extent storage activities have 
        increased since November 1, 1978, and what business 
        establishments (including utilities) have been 
        involved;
          [(2) the estimated amount of gasoline and middle 
        distillates (in the aggregate and by type and region) 
        which are in storage within the United States at the 
        time of the study, the amounts which were in storage at 
        the same time during the calendar year preceding the 
        study, and the purposes for which such storage is 
        maintained; and
          [(3) contain such findings and recommendations for 
        legislation and administrative action as the Secretary 
        considers appropriate, including recommendations for 
        improving the availability and quality of data 
        concerning such storage.]

           *       *       *       *       *       *       *

                              ----------                              


                 ENERGY CONSERVATION AND PRODUCTION ACT

Public Law 94-385, as amended

           *       *       *       *       *       *       *



                                CONTENTS

     * * * * * * *

          TITLE II--ELECTRIC UTILITIES RATE DESIGN INITIATIVES

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Electric utility rate design proposals.
Sec. 204. Rate design innovation and Federal Energy Administration 
          intervention.
Sec. 205. Grants for offices of consumer services.
Sec. 206. Reports.
[Sec. 207. State utility regulatory assistance.]
[Sec. 208. Authorization of appropriations.]

           *       *       *       *       *       *       *


                  [STATE UTILITY REGULATORY ASSISTANCE

    [Sec. 207. (a) The Secretary may make grants to State 
utility regulatory commissions and nonregulated electric 
utilities (as defined in the Public Utility Regulatory Policies 
Act of 1978) to carry out duties and responsibilities under 
titles I and III, and section 210, of the Public Utility 
Regulatory Policies Act of 1978. No grant may be made under 
this section to any Federal agency.
    [(b) Any requirements established by the Secretary with 
respect to grants under this section may be only such 
requirements as are necessary to assure that such grants are 
expended solely to carry out duties and responsibilities 
referred to in subsection (a) or such as are otherwise required 
by law.
    [(c) No grant may be made under this section unless an 
application for such grant is submitted to the Secretary in 
such form and manner as the Secretary may require. The 
Secretary may not approve an application of a State utility 
regulatory commission or nonregulated electric utility unless 
such commission or nonregulated electric utility assures the 
Secretary that funds made available under this section will be 
in addition to, and not in substitution for, funds made 
available to such commission or nonregulated electric utility 
from other governmental sources.
    [(d) The funds appropriated for purposes of this section 
shall be apportioned among the States in such manner that 
grants made under this section in each State shall not exceed 
the lesser of--
          [(1) the amount determined by dividing equally among 
        all States the total amount available under this 
        section for such grants, or
          [(2) the amount which the Secretary is authorized to 
        provide pursuant to subsections (b) and (c) of this 
        section for such State.]

                    [AUTHORIZATION OF APPROPRIATIONS

    [Sec. 208. There are authorized to be appropriated--
          [(1) not to exceed $40,000,000 for each of the fiscal 
        years 1979 and 1980 to carry out section 207 (relating 
        to State utility regulatory assistance);
          [(2) not to exceed $10,000,000 for each of the fiscal 
        years 1979 and 1980 to carry out section 205 (relating 
        to State offices of consumer services); and
          [(3) not to exceed $8,000,000 for the fiscal year 
        1979 and $10,000,000 for the fiscal year 1980 to carry 
        out section 204(1)(B) (relating to innovative rate 
        structures).]

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 303. As used in this title:

           *       *       *       *       *       *       *

          (6) The term ``Federal building'' means any building 
        [to be constructed] constructed or altered by, or for 
        the use of, any Federal agency. Such term shall include 
        buildings built for the purpose of being leased by a 
        Federal agency, and privatized military housing.

           *       *       *       *       *       *       *

          (13) The term ``Federal building energy standards'' 
        means energy consumption objectives to be met without 
        specification of the methods, materials, or equipment 
        to be employed in achieving those objectives, but 
        including statements of the requirements, criteria, and 
        evaluation methods to be used, and any necessary 
        commentary.
          [  (14) The term ``voluntary building energy code'' 
        means a building energy code developed and updated 
        through a consensus process among interested persons, 
        such as that used by the Council of American Building 
        Officials; the American Society of Heating, 
        Refrigerating, and Air-Conditioning Engineers; or other 
        appropriate organizations.]
        (14) Model Building Energy Code.--The term ``model 
        building energy code'' means a voluntary building 
        energy code and standards developed and updated through 
        a consensus process among interested persons, such as 
        the IECC or the code used by--
                  (A) the Council of American Building 
                Officials, or its legal successor, 
                International Code Council, Inc.;
                  (B) the American Society of Heating, 
                Refrigerating, and Air-Conditioning Engineers; 
                or
                  (C) other appropriate organizations.
          (15) The term ``CABO'' means the Council of American 
        Building Officials.
          (16) The term ``ASHRAE'' means the American Society 
        of Heating, Refrigerating, and Air-Conditioning 
        Engineers.
          (17) IECC.--The term ``IECC'' means the International 
        Energy Conservation Code.
          (18) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Native 
        American Housing Assistance and Self-Determination Act 
        of 1996 (25 U.S.C. 4103).
          (19) Major renovation.--The term ``major renovation'' 
        means a modification of building energy systems 
        sufficiently extensive that the whole building can meet 
        energy standards for new buildings, based on criteria 
        to be established by the Secretary through notice and 
        comment rulemaking.

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

    [(a) Consideration and Determination Respecting Residential 
Building Energy Codes.--(1) Not later than 2 years after the 
date of the enactment of the Energy Policy Act of 1992, each 
State shall certify to the Secretary that it has reviewed the 
provisions of its residential building code regarding energy 
efficiency and made a determination as to whether it is 
appropriate for such State to revise such residential building 
code provisions to meet or exceed CABO Model Energy Code, 1992.
    [(2) The determination referred to in paragraph (1) shall 
be--
          [(A) made after public notice and hearing;
          [(B) in writing;
          [(C) based upon findings included in such 
        determination and upon the evidence presented at the 
        hearing; and
          [(D) available to the public.
    [(3) Each State may, to the extent consistent with 
otherwise applicable State law, revise the provisions of its 
residential building code regarding energy efficiency to meet 
or exceed CABO Model Energy Code, 1992, or may decline to make 
such revisions.
    [(4) If a State makes a determination under paragraph (1) 
that it is not appropriate for such State to revise its 
residential building code, such State shall submit to the 
Secretary, in writing, the reasons for such determination, and 
such statement shall be available to the public.
    [(5)(A) Whenever CABO Model Energy Code, 1992, (or any 
successor of such code) is revised, the Secretary shall, not 
later than 12 months after such revision, determine whether 
such revision would improve energy efficiency in residential 
buildings. The Secretary shall publish notice of such 
determination in the Federal Register.
    [(B) If the Secretary makes an affirmative determination 
under subparagraph (A), each State shall, not later than 2 
years after the date of the publication of such determination, 
certify that it has reviewed the provisions of its residential 
building code regarding energy efficiency and made a 
determination as to whether it is appropriate for such State to 
revise such residential building code provisions to meet or 
exceed the revised code for which the Secretary made such 
determination.
    [(C) Paragraphs (2), (3), and (4) shall apply to any 
determination made under subparagraph (B).
    [(b) Certification of Commercial Building Energy Code 
Updates.--(1) Not later than 2 years after the date of the 
enactment of the Energy Policy Act of 1992, each State shall 
certify to the Secretary that it has reviewed and updated the 
provisions of its commercial building code regarding energy 
efficiency. Such certification shall include a demonstration 
that such State's code provisions meet or exceed the 
requirements of ASHRAE Standard 90.1-1989.
    [(2)(A) Whenever the provisions of ASHRAE Standard 90.1-
1989 (or any successor standard) regarding energy efficiency in 
commercial buildings are revised, the Secretary shall, not 
later than 12 months after the date of such revision, determine 
whether such revision will improve energy efficiency in 
commercial buildings. The Secretary shall publish a notice of 
such determination in the Federal Register.
    [(B)(i) If the Secretary makes an affirmative determination 
under subparagraph (A), each State shall, not later than 2 
years after the date of the publication of such determination, 
certify that it has reviewed and updated the provisions of its 
commercial building code regarding energy efficiency in 
accordance with the revised standard for which such 
determination was made. Such certification shall include a 
demonstration that the provisions of such State's commercial 
building code regarding energy efficiency meet or exceed such 
revised standard.
    [(ii) If the Secretary makes a determination under 
subparagraph (A) that such revised standard will not improve 
energy efficiency in commercial buildings, State commercial 
building code provisions regarding energy efficiency shall meet 
or exceed ASHRAE Standard 90.1-1989, or if such standard has 
been revised, the last revised standard for which the Secretary 
has made an affirmative determination under subparagraph (A).
    [(c) Extensions.--The Secretary shall permit extensions of 
the deadlines for the certification requirements under 
subsections (a) and (b) if a State can demonstrate that it has 
made a good faith effort to comply with such requirements and 
that it has made significant progress in doing so.
    [(d) Technical Assistance.--The Secretary shall provide 
technical assistance to States to implement the requirements of 
this section, and to improve and implement State residential 
and commercial building energy efficiency codes or to otherwise 
promote the design and construction of energy efficient 
buildings.
    [(e) Availability of Incentive Funding.--(1) The Secretary 
shall provide incentive funding to States to implement the 
requirements of this section, and to improve and implement 
State residential and commercial building energy efficiency 
codes, including increasing and verifying compliance with such 
codes. In determining whether, and in what amount, to provide 
incentive funding under this subsection, the Secretary shall 
consider the actions proposed by the State to implement the 
requirements of this section, to improve and implement 
residential and commercial building energy efficiency codes, 
and to promote building energy efficiency through the use of 
such codes.
    [(2) Additional funding shall be provided under this 
subsection for implementation of a plan to achieve and document 
at least a 90 percent rate of compliance with residential and 
commercial building energy efficiency codes, based on energy 
performance--
          [(A) to a State that has adopted and is implementing, 
        on a statewide basis--
                  [(i) a residential building energy efficiency 
                code that meets or exceeds the requirements of 
                the 2004 International Energy Conservation 
                Code, or any succeeding version of that code 
                that has received an affirmative determination 
                from the Secretary under subsection (a)(5)(A); 
                and
                  [(ii) a commercial building energy efficiency 
                code that meets or exceeds the requirements of 
                the ASHRAE Standard 90.1 2004, or any 
                succeeding version of that standard that has 
                received an affirmative determination from the 
                Secretary under subsection (b)(2)(A); or
          [(B) in a State in which there is no statewide energy 
        code either for residential buildings or for commercial 
        buildings, to a local government that has adopted and 
        is implementing residential and commercial building 
        energy efficiency codes, as described in subparagraph 
        (A).
    [(3) Of the amounts made available under this subsection, 
the Secretary may use $500,000 for each fiscal year to train 
State and local officials to implement codes described in 
paragraph (2).
    [(4)(A) There are authorized to be appropriated to carry 
out this subsection--
          [(i) $25,000,000 for each of fiscal years 2006 
        through 2010; and
          [(ii) such sums as are necessary for fiscal year 2011 
        and each fiscal year thereafter.
    [(B) Funding provided to States under paragraph (2) for 
each fiscal year shall not exceed one-half of the excess of 
funding under this subsection over $5,000,000 for the fiscal 
year.]

SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

    (a) In General.--The Secretary shall--
          (1) encourage and support the adoption of building 
        energy codes by States, Indian tribes, and, as 
        appropriate, by local governments that meet or exceed 
        the model building energy codes, or achieve equivalent 
        or greater energy savings; and
          (2) support full compliance with the State and local 
        codes.
    (b) State and Indian Tribe Certification of Building Energy 
Code Updates.--
          (1) Review and updating of codes by each state and 
        indian tribe.--
                  (A) In general.--Not later than 2 years after 
                the date on which a model building energy code 
                is updated, each State or Indian tribe shall 
                certify whether or not the State or Indian 
                tribe, respectively, has reviewed and updated 
                the energy provisions of the building code of 
                the State or Indian tribe, respectively.
                  (B) Demonstration.--The certification shall 
                include a demonstration of whether or not the 
                energy savings for the code provisions that are 
                in effect throughout the State or Indian tribal 
                territory meet or exceed--
                          (i) the energy savings of the updated 
                        model building energy code; or
                          (ii) the targets established under 
                        section 307(b)(2).
                  (C) No model building energy code update.--If 
                a model building energy code is not updated by 
                a target date established under section 
                307(b)(2)(D), each State or Indian tribe shall, 
                not later than 2 years after the specified 
                date, certify whether or not the State or 
                Indian tribe, respectively, has reviewed and 
                updated the energy provisions of the building 
                code of the State or Indian tribe, 
                respectively, to meet or exceed the target in 
                section 307(b)(2).
          (2) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under 
        paragraph (1), the Secretary shall--
                  (A) determine whether the code provisions of 
                the State or Indian tribe, respectively, meet 
                the criteria specified in paragraph (1); and
                  (B) if the determination is positive, 
                validate the certification.
    (c) Improvements in Compliance With Building Energy 
Codes.--
          (1) Requirement.--
                  (A) In general.--Not later than 3 years after 
                the date of a certification under subsection 
                (b), each State and Indian tribe shall certify 
                whether or not the State and Indian tribe, 
                respectively, has--
                          (i) achieved full compliance under 
                        paragraph (3) with the applicable 
                        certified State and Indian tribe 
                        building energy code or with the 
                        associated model building energy code; 
                        or
                          (ii) made significant progress under 
                        paragraph (4) toward achieving 
                        compliance with the applicable 
                        certified State and Indian tribe 
                        building energy code or with the 
                        associated model building energy code.
                  (B) Repeat certifications.--If the State or 
                Indian tribe certifies progress toward 
                achieving compliance, the State or Indian tribe 
                shall repeat the certification until the State 
                or Indian tribe certifies that the State or 
                Indian tribe has achieved full compliance, 
                respectively.
          (2) Measurement of compliance.--A certification under 
        paragraph (1) shall include documentation of the rate 
        of compliance based on--
                  (A) independent inspections of a random 
                sample of the buildings covered by the code in 
                the preceding year; or
                  (B) an alternative method that yields an 
                accurate measure of compliance.
          (3) Achievement of compliance.--A State or Indian 
        tribe shall be considered to achieve full compliance 
        under paragraph (1) if--
                  (A) at least 90 percent of building space 
                covered by the code in the preceding year 
                substantially meets all the requirements of the 
                applicable code specified in paragraph (1), or 
                achieves equivalent or greater energy savings 
                level; or
                  (B) the estimated excess energy use of 
                buildings that did not meet the applicable code 
                specified in paragraph (1) in the preceding 
                year, compared to a baseline of comparable 
                buildings that meet this code, is not more than 
                5 percent of the estimated energy use of all 
                buildings covered by this code during the 
                preceding year.
          (4) Significant progress toward achievement of 
        compliance.--A State or Indian tribe shall be 
        considered to have made significant progress toward 
        achieving compliance for purposes of paragraph (1) if 
        the State or Indian tribe--
                  (A) has developed and is implementing a plan 
                for achieving compliance during the 8-year-
                period beginning on the date of enactment of 
                this paragraph, including annual targets for 
                compliance and active training and enforcement 
                programs; and
                  (B) has met the most recent target under 
                subparagraph (A).
          (5) Validation by secretary.--Not later than 90 days 
        after a State or Indian tribe certification under 
        paragraph (1), the Secretary shall--
                  (A) determine whether the State or Indian 
                tribe has demonstrated meeting the criteria of 
                this subsection, including accurate measurement 
                of compliance; and
                  (B) if the determination is positive, 
                validate the certification.
    (d) States or Indian Tribes That Do Not Achieve 
Compliance.--
          (1) Reporting.--A State or Indian tribe that has not 
        made a certification required under subsection (b) or 
        (c) by the applicable deadline shall submit to the 
        Secretary a report on--
                  (A) the status of the State or Indian tribe 
                with respect to meeting the requirements and 
                submitting the certification; and
                  (B) a plan for meeting the requirements and 
                submitting the certification.
          (2) Federal support.--For any State or Indian tribe 
        for which the Secretary has not validated a 
        certification by a deadline under subsection (b) or 
        (c), the lack of the certification may be a 
        consideration for Federal support authorized under this 
        section for code adoption and compliance activities.
          (3) Local government.--In any State or Indian tribe 
        for which the Secretary has not validated a 
        certification under subsection (b) or (c), a local 
        government may be eligible for Federal support by 
        meeting the certification requirements of subsections 
        (b) and (c).
          (4) Annual reports by secretary.--
                  (A) In general.--The Secretary shall annually 
                submit to Congress, and publish in the Federal 
                Register, a report on--
                          (i) the status of model building 
                        energy codes;
                          (ii) the status of code adoption and 
                        compliance in the States and Indian 
                        tribes;
                          (iii) implementation of this section; 
                        and
                          (iv) improvements in energy savings 
                        over time as result of the targets 
                        established under section 307(b)(2).
                (B) Impacts.--The report shall include 
                estimates of impacts of past action under this 
                section, and potential impacts of further 
                action, on--
                          (i) upfront financial and 
                        construction costs, cost benefits and 
                        returns (using investment analysis), 
                        and lifetime energy use for buildings;
                          (ii) resulting energy costs to 
                        individuals and businesses; and
                          (iii) resulting overall annual 
                        building ownership and operating costs.
    (e) Technical Assistance to States and Indian Tribes.--The 
Secretary shall provide technical assistance to States and 
Indian tribes to implement the goals and requirements of this 
section, including procedures and technical analysis for States 
and Indian tribes--
          (1) to improve and implement State residential and 
        commercial building energy codes;
          (2) to demonstrate that the code provisions of the 
        States and Indian tribes achieve equivalent or greater 
        energy savings than the model building energy codes and 
        targets;
          (3) to document the rate of compliance with a 
        building energy code; and
          (4) to otherwise promote the design and construction 
        of energy efficient buildings.
    (f) Availability of Incentive Funding.--
          (1) In general.--The Secretary shall provide 
        incentive funding to States and Indian tribes--
                  (A) to implement the requirements of this 
                section;
                  (B) to improve and implement residential and 
                commercial building energy codes, including 
                increasing and verifying compliance with the 
                codes and training of State, tribal, and local 
                building code officials to implement and 
                enforce the codes; and
                  (C) to promote building energy efficiency 
                through the use of the codes.
          (2) Additional funding.--Additional funding shall be 
        provided under this subsection for implementation of a 
        plan to achieve and document full compliance with 
        residential and commercial building energy codes under 
        subsection (c)--
                  (A) to a State or Indian tribe for which the 
                Secretary has validated a certification under 
                subsection (b) or (c); and
                  (B) in a State or Indian tribe that is not 
                eligible under subparagraph (A), to a local 
                government that is eligible under this section.
          (3) Training.--Of the amounts made available under 
        this subsection, the State or Indian tribe may use 
        amounts required, but not to exceed $750,000 for a 
        State, to train State and local building code officials 
        to implement and enforce codes described in paragraph 
        (2).
          (4) Local governments.--States may share grants under 
        this subsection with local governments that implement 
        and enforce the codes.
    (g) Stretch Codes and Advanced Standards.--
          (1) In general.--The Secretary shall provide 
        technical and financial support for the development of 
        stretch codes and advanced standards for residential 
        and commercial buildings for use as--
                  (A) an option for adoption as a building 
                energy code by local, tribal, or State 
                governments; and
                  (B) guidelines for energy-efficient building 
                design.
          (2) Targets.--The stretch codes and advanced 
        standards shall be designed--
                  (A) to achieve substantial energy savings 
                compared to the model building energy codes; 
                and
                  (B) to meet targets under section 307(b), if 
                available, at least 3 to 6 years in advance of 
                the target years.
    (h) Studies.--The Secretary, in consultation with building 
science experts from the National Laboratories and institutions 
of higher education, designers and builders of energy-efficient 
residential and commercial buildings, code officials, and other 
stakeholders, shall undertake a study of the feasibility, 
impact, economics, and merit of--
          (1) code improvements that would require that 
        buildings be designed, sited, and constructed in a 
        manner that makes the buildings more adaptable in the 
        future to become zero-net-energy after initial 
        construction, as advances are achieved in energy-saving 
        technologies;
          (2) code procedures to incorporate measured 
        lifetimes, not just first-year energy use, in trade-
        offs and performance calculations; and
          (3) legislative options for increasing energy savings 
        from building energy codes, including additional 
        incentives for effective State and local action, and 
        verification of compliance with and enforcement of a 
        code other than by a State or local government.
    (i) Effect on Other Laws.--Nothing in this section or 
section 307 supersedes or modifies the application of sections 
321 through 346 of the Energy Policy and Conservation Act (42 
U.S.C. 6291 et seq.).
    (j) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section and section 307 
$200,000,000, to remain available until expended.

           *       *       *       *       *       *       *


SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS.

           *       *       *       *       *       *       *


    (a)(1) In General.--Not later than 2 years after the date 
of the enactment of the Energy Policy Act of 1992, the 
Secretary, after consulting with appropriate Federal agencies, 
CABO, ASHRAE, the National Association of Home Builders, the 
Illuminating Engineering Society, the American Institute of 
Architects, the National Conference of the States on Building 
Codes and Standards, and other appropriate persons, shall 
establish, by rule, Federal building energy standards that 
require in new Federal buildings those energy efficiency 
measures that are technologically feasible and economically 
justified. Such standards shall become effective no later than 
1 year after such rule is issued.
    (2) The standards established under paragraph (1) shall--
          (A) contain energy saving and renewable energy 
        specifications that meet or exceed the energy saving 
        and renewable energy specifications of the 2004 
        International Energy Conservation Code (in the case of 
        residential buildings) or ASHRAE Standard 90.1-2004 (in 
        the case of commercial buildings);
          (B) to the extent practicable, use the same format as 
        the [appropriate voluntary building energy code] model 
        building energy code; and
          (C) consider, in consultation with the Environmental 
        Protection Agency and other Federal agencies, and where 
        appropriate contain, measures with regard to radon and 
        other indoor air pollutants.
    [(3)(A) Not later than 1 year after the date of enactment 
of this paragraph, the Secretary shall establish, by rule, 
revised Federal building energy efficiency performance 
standards that require that--
          [(i) if life-cycle cost-effective for new Federal 
        buildings--
                  [(I) the buildings be designed to achieve 
                energy consumption levels that are at least 30 
                percent below the levels established in the 
                version of the ASHRAE Standard or the 
                International Energy Conservation Code, as 
                appropriate, that is in effect as of the date 
                of enactment of this paragraph; and
                  [(II) sustainable design principles are 
                applied to the siting, design, and construction 
                of all new and replacement buildings;
          [(ii) 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
          [(iii) if lifecycle 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.
    [(B) Not later than 1 year after the date of approval of 
each subsequent revision of the ASHRAE Standard or the 
International Energy Conservation Code, as appropriate, the 
Secretary shall determine, based on the cost-effectiveness of 
the requirements under the amendment, whether the revised 
standards established under this paragraph should be updated to 
reflect the amendment.]
    (3) Revised federal building energy efficiency performance 
standards.--
          (A) Revised federal building energy efficiency 
        performance standards.-- 
                  (i) In general.--Not later than 1 year after 
                the date of enactment of the Energy Policy 
                Modernization Act of 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 
                                International Energy 
                                Conservation Code (in the case 
                                of residential buildings) or 
                                ASHRAE Standard 90.1 (in the 
                                case of commercial buildings) 
                                as of the date of enactment of 
                                the Energy Policy Modernization 
                                Act of 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 
                                International Energy 
                                Conservation Code or ASHRAE 
                                Standard 90.1, as applicable;
                          (II) unless demonstrated not to be 
                        life-cycle cost effective for new 
                        Federal buildings and Federal buildings 
                        with major renovations--
                                  (aa) the buildings be 
                                designed to achieve energy 
                                consumption levels that are at 
                                least 30 percent below the 
                                levels established in the 
                                version of the ASHRAE Standard 
                                or the International Energy 
                                Conservation Code, as 
                                appropriate, that is applied 
                                under subclause (I)(aa), 
                                including updates under 
                                subparagraph (B); and
                                  (bb) sustainable design 
                                principles are applied to the 
                                location, siting, design, and 
                                construction of all new Federal 
                                buildings and replacement 
                                Federal buildings;
                          (III) if water is used to achieve 
                        energy efficiency, water conservation 
                        technologies shall be applied to the 
                        extent that the technologies are life-
                        cycle cost effective; and
                          (IV) if life-cycle cost effective, as 
                        compared to other reasonably available 
                        technologies, not less than 30 percent 
                        of the hot water demand for each new 
                        Federal building or Federal building 
                        undergoing a major renovation be met 
                        through the installation and use of 
                        solar hot water heaters.
                  (ii) Limitation.--Clause (i)(I) shall not 
                apply to unaltered portions of existing Federal 
                buildings and systems that have been added to 
                or altered.
          (B) Updates.--Not later than 1 year after the date of 
        approval of each subsequent revision of the ASHRAE 
        Standard or the International Energy Conservation Code, 
        as appropriate, the Secretary shall determine whether 
        the revised standards established under subparagraph 
        (A) should be updated to reflect the revisions, based 
        on the energy savings and life-cycle cost-effectiveness 
        of the revisions.
          [(C) In the budget request](C) Budget request.--In 
        the budget request of the Federal agency for each 
        fiscal year and each report submitted by the Federal 
        agency under section 548(a) of the National Energy 
        Conservation Policy Act (42 U.S.C. 8258(a)), the head 
        of each Federal agency shall include--
                  (i) a list of all new Federal buildings 
                owned, operated, or controlled by the Federal 
                agency; and
                  (ii) a statement specifying whether the 
                Federal buildings meet or exceed the revised 
                standards established under this paragraph.
          [(D) Not later than 1 year after the date of 
        enactment of the Energy Independence and Security Act 
        of 2007, the Secretary shall establish, by rule, 
        revised Federal building energy efficiency performance 
        standards that require that:
                  [(i) For new Federal buildings and Federal 
                buildings undergoing major renovations, with 
                respect to which the Administrator of General 
                Services is required to transmit a prospectus 
                to Congress under section 3307 of title 40, 
                United States Code, in the case of public 
                buildings (as defined in section 3301 of title 
                40, United States Code), or of at least 
                $2,500,000 in costs adjusted annually for 
                inflation for other buildings:
                          [(I) The buildings shall be designed 
                        so that the fossil fuel-generated 
                        energy consumption of the buildings is 
                        reduced, as compared with such energy 
                        consumption by a similar building in 
                        fiscal year 2003 (as measured by 
                        Commercial Buildings Energy Consumption 
                        Survey or Residential Energy 
                        Consumption Survey data from the Energy 
                        Information Agency), by the percentage 
                        specified in the following table:

------------------------------------------------------------------------
            [Fiscal Year                     Percentage Reduction
------------------------------------------------------------------------
                        [2010                                   55
                        [2015                                   65
                        [2020                                   80
                        [2025                                   90
                        [2030                                  100
------------------------------------------------------------------------

                  [(II) Upon petition by an agency subject to 
                this subparagraph, the Secretary may adjust the 
                applicable numeric requirement under subclause 
                (I) downward with respect to a specific 
                building, if the head of the agency designing 
                the building certifies in writing that meeting 
                such requirement would be technically 
                impracticable in light of the agency's 
                specified functional needs for that building 
                and the Secretary concurs with the agency's 
                conclusion. This subclause shall not apply to 
                the General Services Administration.
                  [(III) Sustainable design principles shall be 
                applied to the siting, design, and construction 
                of such buildings. Not later than 90 days after 
                the date of enactment of the Energy 
                Independence and Security Act of 2007, the 
                Secretary, after reviewing the findings of the 
                Federal Director under section 436(h) of that 
                Act, in consultation with the Administrator of 
                General Services, and in consultation with the 
                Secretary of Defense for considerations 
                relating to those facilities under the custody 
                and control of the Department of Defense, shall 
                identify a certification system and level for 
                green buildings that the Secretary determines 
                to be the most likely to encourage a 
                comprehensive and environmentally-sound 
                approach to certification of green buildings. 
                The identification of the certification system 
                and level shall be based on a review of the 
                Federal Director's findings under section 
                436(h) of the Energy Independence and Security 
                Act of 2007 and the criteria specified in 
                clause (iii), shall identify the highest level 
                the Secretary determines is appropriate above 
                the minimum level required for certification 
                under the system selected, and shall achieve 
                results at least comparable to the system used 
                by and highest level referenced by the General 
                Services Administration as of the date of 
                enactment of the Energy Independence and 
                Security Act of 2007. Within 90 days of the 
                completion of each study required by clause 
                (iv), the Secretary, in consultation with the 
                Administrator of General Services, and in 
                consultation with the Secretary of Defense for 
                considerations relating to those facilities 
                under the custody and control of the Department 
                of Defense, shall review and update the 
                certification system and level, taking into 
                account the conclusions of such study.
                  [(ii) In establishing criteria for 
                identifying major renovations that are subject 
                to the requirements of this subparagraph, the 
                Secretary shall take into account the scope, 
                degree, and types of renovations that are 
                likely to provide significant opportunities for 
                substantial improvements in energy efficiency.
                  [(iii) In identifying the green building 
                certification system and level, the Secretary 
                shall take into consideration--
                          [(I) the ability and availability of 
                        assessors and auditors to independently 
                        verify the criteria and measurement of 
                        metrics at the scale necessary to 
                        implement this subparagraph;
                          [(II) the ability of the applicable 
                        certification organization to collect 
                        and reflect public comment;
                          [(III) the ability of the standard to 
                        be developed and revised through a 
                        consensus-based process;
                          [(IV) an evaluation of the robustness 
                        of the criteria for a high-performance 
                        green building, which shall give credit 
                        for promoting--
                                  [(aa) efficient and 
                                sustainable use of water, 
                                energy, and other natural 
                                resources;
                                  [(bb) use of renewable energy 
                                sources;
                                  [(cc) improved indoor 
                                environmental quality through 
                                enhanced indoor air quality, 
                                thermal comfort, acoustics, day 
                                lighting, pollutant source 
                                control, and use of low-
                                emission materials and building 
                                system controls; and
                                  [(dd) such other criteria as 
                                the Secretary determines to be 
                                appropriate; and
                          [(V) national recognition within the 
                        building industry.
                  [(iv) At least once every 5 years, and in 
                accordance with section 436 of the Energy 
                Independence and Security Act of 2007, the 
                Administrator of General Services shall conduct 
                a study to evaluate and compare available 
                third-party green building certification 
                systems and levels, taking into account the 
                criteria listed in clause (iii).
                  [(v) The Secretary may by rule allow Federal 
                agencies to develop internal certification 
                processes, using certified professionals, in 
                lieu of certification by the certification 
                entity identified under clause (i)(III). The 
                Secretary shall include in any such rule 
                guidelines to ensure that the certification 
                process results in buildings meeting the 
                applicable certification system and level 
                identified under clause (i)(III). An agency 
                employing an internal certification process 
                must continue to obtain external certification 
                by the certification entity identified under 
                clause (i)(III) for at least 5 percent of the 
                total number of buildings certified annually by 
                the agency.
                  [(vi) With respect to privatized military 
                housing, the Secretary of Defense, after 
                consultation with the Secretary may, through 
                rulemaking, 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 green building performance.
                  [(vii) In addition to any use of water 
                conservation technologies otherwise required by 
                this section, water conservation technologies 
                shall be applied to the extent that the 
                technologies are life-cycle cost-effective.]
          (D) Certification for green buildings.--
                  (i) Sustainable design principles.--
                Sustainable design principles shall be applied 
                to the siting, design, and construction of 
                buildings covered by this subparagraph.
                  (ii) Selection of certification systems.--The 
                Secretary, after reviewing the findings of the 
                Federal Director under section 436(h) of the 
                Energy Independence and Security Act of 2007 
                (42 U.S.C. 17092(h)), in consultation with the 
                Administrator of General Services, and in 
                consultation with the Secretary of Defense 
                relating to those facilities under the custody 
                and control of the Department of Defense, shall 
                determine those certification systems for green 
                commercial and residential buildings that the 
                Secretary determines to be the most likely to 
                encourage a comprehensive and environmentally 
                sound approach to certification of green 
                buildings.
                  (iii) Basis for selection.--The determination 
                of the certification systems under clause (ii) 
                shall be based on ongoing review of the 
                findings of the Federal Director under section 
                436(h) of the Energy Independence and Security 
                Act of 2007 (42 U.S.C. 17092(h)) and the 
                criteria described in clause (v).
                  (iv) Administration.--In determining 
                certification systems under this subparagraph, 
                the Secretary shall--
                          (I) make a separate determination for 
                        all or part of each system;
                          (II) confirm that the criteria used 
                        to support the selection of building 
                        products, materials, brands, and 
                        technologies--
                                  (aa) are fair and neutral 
                                (meaning that the criteria are 
                                based on an objective 
                                assessment of relevant 
                                technical data);
                                  (bb) do not prohibit, 
                                disfavor, or discriminate 
                                against selection based on 
                                technically inadequate 
                                information to inform human or 
                                environmental risk; and
                                  (cc) are expressed to prefer 
                                performance measures whenever 
                                performance measures may 
                                reasonably be used in lieu of 
                                prescriptive measures; and
                          (III) use environmental and health 
                        criteria that are based on risk 
                        assessment methodology that is 
                        generally accepted by the applicable 
                        scientific disciplines.
                  (v) Considerations.--In determining the green 
                building certification systems under this 
                subparagraph, the Secretary shall take into 
                consideration--
                          (I) the ability and availability of 
                        assessors and auditors to independently 
                        verify the criteria and measurement of 
                        metrics at the scale necessary to 
                        implement this subparagraph;
                          (II) the ability of the applicable 
                        certification organization to collect 
                        nd reflect public comment;
                          (III) the ability of the standard to 
                        be developed and revised through a 
                        consensus-based process;
                          (IV) an evaluation of the robustness 
                        of the criteria for a high-performance 
                        green building, which shall give credit 
                        for promoting--
                                  (aa) efficient and 
                                sustainable use of water, 
                                energy, and other natural 
                                resources;
                                  (bb) the use of renewable 
                                energy sources;
                                  (cc) improved indoor 
                                environmental quality through 
                                enhanced indoor air quality, 
                                thermal comfort, acoustics, day 
                                lighting, pollutant source 
                                control, and use of low-
                                emission materials and building 
                                system controls; and
                                  (dd) such other criteria as 
                                the Secretary determines to be 
                                appropriate; and
                          (V) national recognition within the 
                        building industry.
                  (vi) Review.--The Secretary, in consultation 
                with the Administrator of General Services and 
                the Secretary of Defense, shall conduct an 
                ongoing review to evaluate and compare private 
                sector green building certification systems, 
                taking into account-- 
                          (I) the criteria described in clause 
                        (v); and
                          (II) the identification made by the 
                        Federal Director under section 436(h) 
                        of the Energy Independence and Security 
                        Act of 2007 (42 U.S.C. 17092(h)).
                  (vii) Exclusions.--
                          (I) In general.--Subject to subclause 
                        (II), if a certification system fails 
                        to meet the review requirements of 
                        clause (v), the Secretary shall--
                                  (aa) identify the portions of 
                                the system, whether 
                                prerequisites, credits, points, 
                                or otherwise, that meet the 
                                review criteria of clause (v);
                                  (bb) determine the portions 
                                of the system that are suitable 
                                for use; and
                                  (cc) exclude all other 
                                portions of the system from 
                                identification and use.
                          (II) Entire systems.--The Secretary 
                        shall exclude an entire system from use 
                        if an exclusion under subclause (I)--
                                  (aa) impedes the integrated 
                                use of the system;
                                  (bb) creates disparate review 
                                criteria or unequal point 
                                access for competing materials; 
                                or
                                  (cc) increases agency costs 
                                of the use.
                  (viii) Internal certification processes.--The 
                Secretary may by rule allow Federal agencies to 
                develop internal certification processes, using 
                certified professionals, in lieu of 
                certification by certification entities 
                identified under clause (ii).
                  (ix) Privatized military housing.--With 
                respect to privatized military housing, the 
                Secretary of Defense, after consultation with 
                the Secretary may, through rulemaking, develop 
                alternative certification systems and levels 
                than the systems and levels identified under 
                clause (ii) that achieve an equivalent result 
                in terms of energy savings, sustainable design, 
                and green building performance.
                  (x) Water conservation technologies.--In 
                addition to any use of water conservation 
                technologies otherwise required by this 
                section, water conservation technologies shall 
                be applied to the extent that the technologies 
                are life-cycle cost-effective.
                  (xi) Effective date.--
                          (I) Determinations made after 
                        december 31, 2015.--This subparagraph 
                        shall apply to any determination made 
                        by a Federal agency after December 31, 
                        2015.
                          (II) Determinations made on or before 
                        december 31, 2015.--This subparagraph 
                        (as in effect on the day before the 
                        date of enactment of the Energy Policy 
                        Modernization Act of 2015) shall apply 
                        to any use of a certification system 
                        for green commercial and residential 
                        buildings by a Federal agency on or 
                        before December 31, 2015.
    (b) Report on Comparative Standards.--The Secretary shall 
identify and describe, in the report required under section 
308, the basis for any substantive difference between the 
Federal building energy standards established under this 
section (including differences in treatment of energy 
efficiency and renewable energy) and the appropriate [voluntary 
building energy code] model building energy code.
    [(c) Periodic Review.--The Secretary shall periodically, 
but not less than once every 5 years, review the Federal 
building energy standards established under this section and 
shall, if significant energy savings would result, upgrade such 
standards to include all new energy efficiency and renewable 
energy measures that are technologically feasible and 
economically justified.]
    [(d) Interim Standards.--Interim energy performance 
standards for new Federal buildings issued by the Secretary 
under this title as it existed before the date of the enactment 
of the Energy Policy Act of 1992 shall remain in effect until 
the standards established under subsection (a) become 
effective.]
    (c) Periodic Review.--The Secretary shall--
          (1) once every 5 years, review the Federal building 
        energy standards established under this section; and
          (2) on completion of a review under paragraph (1), if 
        the Secretary determines that significant energy 
        savings would result, upgrade the standards to include 
        all new energy efficiency and renewable energy measures 
        that are technologically feasible and economically 
        justified.

           *       *       *       *       *       *       *


SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY CODES.

    [(a) In General.--Not later than 1 year after the date of 
the enactment of the Energy Policy Act of 1992, the Secretary, 
after consulting with the Secretary of Housing and Urban 
Development, the Secretary of Veterans Affairs, other 
appropriate Federal agencies, CABO, ASHRAE, the National 
Conference of States on Building Codes and Standards, and any 
other appropriate building codes and standards organization, 
shall support the upgrading of voluntary building energy codes 
for new residential and commercial buildings. Such support 
shall include--
          [(1) a compilation of data and other information 
        regarding building energy efficiency standards and 
        codes in the possession of the Federal Government, 
        State and local governments, and industry 
        organizations;
          [(2) assistance in improving the technical basis for 
        such standards and codes;
          [(3) assistance in determining the cost-effectiveness 
        and the technical feasibility of the energy efficiency 
        measures included in such standards and codes; and
          [(4) assistance in identifying appropriate measures 
        with regard to radon and other indoor air pollutants.
    [(b) Review.--The Secretary shall periodically review the 
technical and economic basis of voluntary building energy codes 
and, based upon ongoing research activities--
          [(1) recommend amendments to such codes including 
        measures with regard to radon and other indoor air 
        pollutants;
          [(2) seek adoption of all technologically feasible 
        and economically justified energy efficiency measures; 
        and
          [(3) otherwise participate in any industry process 
        for review and modification of such codes.]
    (a) In General.--The Secretary shall support the updating 
of model building energy codes.
    (b) Targets.--
          (1) In general.--The Secretary shall support the 
        updating of the model building energy codes to enable 
        the achievement of aggregate energy savings targets 
        established under paragraph (2).
          (2) Targets.--
                  (A) In general.--The Secretary shall work 
                with State, Indian tribes, local governments, 
                nationally recognized code and standards 
                developers, and other interested parties to 
                support the updating of model building energy 
                codes by establishing one or more aggregate 
                energy savings targets to achieve the purposes 
                of this section.
                  (B) Separate targets.--The Secretary may 
                establish separate targets for commercial and 
                residential buildings.
                  (C) Baselines.--The baseline for updating 
                model building energy codes shall be the 2009 
                IECC for residential buildings and ASHRAE 
                Standard 90.1-2010 for commercial buildings.
                  (D) Specific years.--
                          (i) In general.--Targets for specific 
                        years shall be established and revised 
                        by the Secretary through rulemaking and 
                        coordinated with nationally recognized 
                        code and standards developers at a 
                        level that--
                                  (I) is at the maximum level 
                                of energy efficiency that is 
                                technologically feasible and 
                                life-cycle cost effective, 
                                while accounting for the 
                                economic considerations under 
                                paragraph (4);
                                  (II) is higher than the 
                                preceding target; and
                                  (III) promotes the 
                                achievement of commercial and 
                                residential high-performance 
                                buildings through high 
                                performance energy efficiency 
                                (within the meaning of section 
                                401 of the Energy Independence 
                                and Security Act of 2007 (42 
                                U.S.C. 17061)).
                          (ii) Initial targets.--Not later than 
                        1 year after the date of enactment of 
                        this clause, the Secretary shall 
                        establish initial targets under this 
                        subparagraph.
                          (iii) Different target years.--
                        Subject to clause (i), prior to the 
                        applicable year, the Secretary may set 
                        a later target year for any of the 
                        model building energy codes described 
                        in subparagraph (A) if the Secretary 
                        determines that a target cannot be met.
                          (iv) Small business.--When 
                        establishing targets under this 
                        paragraph through rulemaking, the 
                        Secretary shall ensure compliance with 
                        the Small Business Regulatory 
                        Enforcement Fairness Act of 1996 (5 
                        U.S.C. 601 note; Public Law 104-121).
          (3) Appliance standards and other factors affecting 
        building energy use.--In establishing building code 
        targets under paragraph (2), the Secretary shall 
        develop and adjust the targets in recognition of 
        potential savings and costs relating to--
                  (A) efficiency gains made in appliances, 
                lighting, windows, insulation, and building 
                envelope sealing;
                  (B) advancement of distributed generation and 
                on-site renewable power generation 
                technologies;
                  (C) equipment improvements for heating, 
                cooling, and ventilation systems;
                  (D) building management systems and SmartGrid 
                technologies to reduce energy use; and
                  (E) other technologies, practices, and 
                building systems that the Secretary considers 
                appropriate regarding building plug load and 
                other energy uses.
          (4) Economic considerations.--In establishing and 
        revising building code targets under paragraph (2), the 
        Secretary shall consider the economic feasibility of 
        achieving the proposed targets established under this 
        section and the potential costs and savings for 
        consumers and building owners, including a return on 
        investment analysis.
    (c) Technical Assistance to Model Building Energy Code-
Setting and Standard Development Organizations.--
          (1) In general.--The Secretary shall, on a timely 
        basis, provide technical assistance to model building 
        energy code-setting and standard development 
        organizations consistent with the goals of this 
        section.
          (2) Assistance.--The assistance shall include, as 
        requested by the organizations, technical assistance 
        in--
                  (A) evaluating code or standards proposals or 
                revisions;
                  (B) building energy analysis and design 
                tools;
                  (C) building demonstrations;
                  (D) developing definitions of energy use 
                intensity and building types for use in model 
                building energy codes to evaluate the 
                efficiency impacts of the model building energy 
                codes;
                  (E) performance-based standards;
                  (F) evaluating economic considerations under 
                subsection (b)(4); and
                  (G) developing model building energy codes by 
                Indian tribes in accordance with tribal law.
          (3) Amendment proposals.--The Secretary may submit 
        timely model building energy code amendment proposals 
        to the model building energy code-setting and standard 
        development organizations, with supporting evidence, 
        sufficient to enable the model building energy codes to 
        meet the targets established under subsection (b)(2).
          (4) Analysis methodology.--The Secretary shall make 
        publicly available the entire calculation methodology 
        (including input assumptions and data) used by the 
        Secretary to estimate the energy savings of code or 
        standard proposals and revisions.
    (d) Determination.--
          (1) Revision of model building energy codes.--If the 
        provisions of the IECC or ASHRAE Standard 90.1 
        regarding building energy use are revised, the 
        Secretary shall make a preliminary determination not 
        later than 90 days after the date of the revision, and 
        a final determination not later than 15 months after 
        the date of the revision, on whether or not the 
        revision will--
                  (A) improve energy efficiency in buildings 
                compared to the existing model building energy 
                code; and
                  (B) meet the applicable targets under 
                subsection (b)(2).
          (2) Codes or standards not meeting targets.--
                  (A) In general.--If the Secretary makes a 
                preliminary determination under paragraph 
                (1)(B) that a code or standard does not meet 
                the targets established under subsection 
                (b)(2), the Secretary may at the same time 
                provide the model building energy code or 
                standard developer with proposed changes that 
                would result in a model building energy code 
                that meets the targets and with supporting 
                evidence, taking into consideration--
                          (i) whether the modified code is 
                        technically feasible and life-cycle 
                        cost effective;
                          (ii) available appliances, 
                        technologies, materials, and 
                        construction practices; and
                          (iii) the economic considerations 
                        under subsection (b)(4).
                  (B) Incorporation of changes.--
                          (i) In general.--On receipt of the 
                        proposed changes, the model building 
                        energy code or standard developer shall 
                        have an additional 270 days to accept 
                        or reject the proposed changes of the 
                        Secretary to the model building energy 
                        code or standard for the Secretary to 
                        make a final determination.
                          (ii) Final determination.--A final 
                        determination under paragraph (1) shall 
                        be on the modified model building 
                        energy code or standard.
    (e) Administration.--In carrying out this section, the 
Secretary shall--
          (1) publish notice of targets and supporting analysis 
        and determinations under this section in the Federal 
        Register to provide an explanation of and the basis for 
        such actions, including any supporting modeling, data, 
        assumptions, protocols, and cost-benefit analysis, 
        including return on investment; and
          (2) provide an opportunity for public comment on 
        targets and supporting analysis and determinations 
        under this section.
    (f) Voluntary Codes and Standards.--Notwithstanding any 
other provision of this section, any model building code or 
standard established under section 304 shall not be binding on 
a State, local government, or Indian tribe as a matter of 
Federal law.

           *       *       *       *       *       *       *


SEC. 414C. GRANTS FOR NEW, SELF-SUSTAINING LOW-INCOME, SINGLE-FAMILY 
                    AND MULTIFAMILY HOUSING ENERGY RETROFIT MODEL 
                    PROGRAMS TO ELIGIBLE MULTISTATE HOUSING AND ENERGY 
                    NONPROFIT ORGANIZATIONS.

    (a) Purposes.--The purposes of this section are--
          (1) to expand the number of low-income, single-family 
        and multifamily homes that receive energy efficiency 
        retrofits;
          (2) to promote innovation and new models of 
        retrofitting low-income homes through new Federal 
        partnerships with covered organizations that leverage 
        substantial donations, donated materials, volunteer 
        labor, homeowner labor equity, and other private sector 
        resources;
          (3) to assist the covered organizations in 
        demonstrating, evaluating, improving, and replicating 
        widely the model low-income energy retrofit programs of 
        the covered organizations; and
          (4) to ensure that the covered organizations make the 
        energy retrofit programs of the covered organizations 
        self-sustaining by the time grant funds have been 
        expended.
    (b) Definitions.--In this section:
          (1) Covered organization.--The term ``covered 
        organization'' means an organization that--
                  (A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and exempt from 
                taxation under 501(a) of that Code; and
                  (B) has an established record of 
                constructing, renovating, repairing, or making 
                energy efficient a total of not less than 250 
                owner-occupied, single-family or multifamily 
                homes per year for low-income households, 
                either directly or through affiliates, 
                chapters, or other direct partners (using the 
                most recent year for which data are available).
          (2) Low-income.--The term ``low-income'' means an 
        income level that is not more than 200 percent of the 
        poverty level (as determined in accordance with 
        criteria established by the Director of the Office of 
        Management and Budget) applicable to a family of the 
        size involved, except that the Secretary may establish 
        a higher or lower level if the Secretary determines 
        that a higher or lower level is necessary to carry out 
        this section.
          (3) Weatherization assistance program for low-income 
        persons.--The term ``Weatherization Assistance Program 
        for Low-Income Persons'' means the program established 
        under this part (including part 440 of title 10, Code 
        of Federal Regulations, or successor regulations).
    (c) Competitive Grant Program.--The Secretary shall make 
grants to covered organizations through a national competitive 
process for use in accordance with this section.
    (d) Award Factors.--In making grants under this section, 
the Secretary shall consider--
          (1) the number of low-income homes the applicant--
                  (A) has built, renovated, repaired, or made 
                more energy efficient as of the date of the 
                application; and
                  (B) can reasonably be projected to build, 
                renovate, repair, or make energy efficient 
                during the 10-year period beginning on the date 
                of the application;
          (2) the qualifications, experience, and past 
        performance of the applicant, including experience 
        successfully managing and administering Federal funds;
          (3) the number and diversity of States and climates 
        in which the applicant works as of the date of the 
        application;
          (4) the amount of non-Federal funds, donated or 
        discounted materials, discounted or volunteer skilled 
        labor, volunteer unskilled labor, homeowner labor 
        equity, and other resources the applicant will provide;
          (5) the extent to which the applicant could 
        successfully replicate the energy retrofit program of 
        the applicant and sustain the program after the grant 
        funds have been expended;
          (6) regional diversity;
          (7) urban, suburban, and rural localities; and
          (8) such other factors as the Secretary determines to 
        be appropriate.
    (e) Applications.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the Secretary shall 
        request proposals from covered organizations.
          (2) Administration.--To be eligible to receive a 
        grant under this section, an applicant shall submit to 
        the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (3) Awards.--Not later than 90 days after the date of 
        issuance of a request for proposals, the Secretary 
        shall award grants under this section.
    (f) Eligible Uses of Grant Funds.--A grant under this 
section may be used for--
          (1) energy efficiency audits, cost-effective 
        retrofit, and related activities in different climatic 
        regions of the United States;
          (2) energy efficiency materials and supplies;
          (3) organizational capacity--
                  (A) to significantly increase the number of 
                energy retrofits;
                  (B) to replicate an energy retrofit program 
                in other States; and
                  (C) to ensure that the program is self-
                sustaining after the Federal grant funds are 
                expended;
          (4) energy efficiency, audit and retrofit training, 
        and ongoing technical assistance;
          (5) information to homeowners on proper maintenance 
        and energy savings behaviors;
          (6) quality control and improvement;
          (7) data collection, measurement, and verification;
          (8) program monitoring, oversight, evaluation, and 
        reporting;
          (9) management and administration (up to a maximum of 
        10 percent of the total grant);
          (10) labor and training activities; and
          (11) such other activities as the Secretary 
        determines to be appropriate.
    (g) Maximum Amount.--
          (1) In general.--The amount of a grant provided under 
        this section shall not exceed--
                  (A) if the amount made available to carry out 
                this section for a fiscal year is $225,000,000 
                or more, $5,000,000; and
                  (B) if the amount made available to carry out 
                this section for a fiscal year is less than 
                $225,000,000, $1,500,000.
          (2) Technical and training assistance.--The total 
        amount of a grant provided under this section shall be 
        reduced by the cost of any technical and training 
        assistance provided by the Secretary that relates to 
        the grant.
    (h) Guidelines.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this section, the Secretary shall 
        issue guidelines to implement the grant program 
        established under this section.
          (2) Administration.--The guidelines--
                  (A) shall not apply to the Weatherization 
                Assistance Program for Low-Income Persons, in 
                whole or major part; but
                  (B) may rely on applicable provisions of law 
                governing the Weatherization Assistance Program 
                for Low-Income Persons to establish--
                          (i) standards for allowable 
                        expenditures;
                          (ii) a minimum savings-to-investment 
                        ratio;
                          (iii) standards--
                                  (I) to carry out training 
                                programs;
                                  (II) to conduct energy audits 
                                and program activities;
                                  (III) to provide technical 
                                assistance;
                                  (IV) to monitor program 
                                activities; and
                                  (V) to verify energy and cost 
                                savings;
                          (iv) liability insurance 
                        requirements; and
                          (v) recordkeeping requirements, which 
                        shall include reporting to the Office 
                        of Weatherization and Intergovernmental 
                        Programs of the Department of Energy 
                        applicable data on each home 
                        retrofitted.
    (i) Review and Evaluation.--The Secretary shall review and 
evaluate the performance of any covered organization that 
receives a grant under this section (which may include an 
audit), as determined by the Secretary.
    (j) Compliance With State and Local Law.--Nothing in this 
section or any program carried out using a grant provided under 
this section supersedes or otherwise affects any State or local 
law, to the extent that the State or local law contains a 
requirement that is more stringent than the applicable 
requirement of this section.
    (k) Annual Reports.--The Secretary shall submit to Congress 
annual reports that provide--
          (1) findings;
          (2) a description of energy and cost savings achieved 
        and actions taken under this section; and
          (3) any recommendations for further action.
    (l) Funding.--Of the amount of funds that are made 
available to carry out the Weatherization Assistance Program 
for each of fiscal years 2016 through 2020 under section 422, 
the Secretary shall use to carry out this section for each of 
fiscal years 2016 through 2020 not less than--
          (1) 2 percent of the amount if the amount is less 
        than $225,000,000;
          (2) 5 percent of the amount if the amount is 
        $225,000,000 or more but less than $260,000,000; and
          (3) 10 percent of the amount if the amount is 
        $260,000,000 or more.

           *       *       *       *       *       *       *


SEC. 415. LIMITATIONS.

           *       *       *       *       *       *       *


    (f) Standards Program.--
          (1) Contractor qualification.--Effective beginning 
        January 1, 2016, to be eligible to carry out 
        weatherization using funds made available under this 
        part, a contractor shall be selected through a 
        competitive bidding process and be--
                  (A) accredited by the Building Performance 
                Institute;
                  (B) an Energy Smart Home Performance Team 
                accredited under the Residential Energy 
                Services Network; or
                  (C) accredited by an equivalent accreditation 
                or program accreditation-based State 
                certification program approved by the 
                Secretary.
          (2) Grants for energy retrofit model programs.--
                  (A) In general.--To be eligible to receive a 
                grant under section 414C, a covered 
                organization (as defined in section 414C(b)) 
                shall use a crew chief who--
                          (i) is certified or accredited in 
                        accordance with paragraph (1); and
                          (ii) supervises the work performed 
                        with grant funds.
                  (B) Volunteer labor.--A volunteer who 
                performs work for a covered organization that 
                receives a grant under section 414C shall not 
                be required to be certified under this 
                subsection if the volunteer is not directly 
                installing or repairing mechanical equipment or 
                other items that require skilled labor.
                  (C) Training.--The Secretary shall use 
                training and technical assistance funds 
                available to the Secretary to assist covered 
                organizations under section 414C in providing 
                training to obtain certification required under 
                this subsection, including provisional or 
                temporary certification.
          (3) Minimum efficiency standards.--Effective 
        beginning October 1, 2016, the Secretary shall ensure 
        that--
                  (A) each retrofit for which weatherization 
                assistance is provided under this part meets 
                minimum efficiency and quality of work 
                standards established by the Secretary after 
                weatherization of a dwelling unit;
                  (B) at least 10 percent of the dwelling units 
                are randomly inspected by a third party 
                accredited under this subsection to ensure 
                compliance with the minimum efficiency and 
                quality of work standards established under 
                subparagraph (A); and
                  (C) the standards established under this 
                subsection meet or exceed the industry 
                standards for home performance work that are in 
                effect on the date of enactment of this 
                subsection, as determined by the Secretary.

           *       *       *       *       *       *       *


                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 422. For the purpose of carrying out the 
weatherization program under this part, there are authorized to 
be [appropriated--
          [(1) $750,000,000 for fiscal year 2008;
          [(2) $900,000,000 for fiscal year 2009;
          [(3) $1,050,000,000 for fiscal year 2010;
          [(4) $1,200,000,000 for fiscal year 2011; and
          [(5) $1,400,000,000 for fiscal year 2012.] 
        appropriated $350,000,000 for each of fiscal years 2016 
        through 2020.

           *       *       *       *       *       *       *

                              ----------                              


              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Public Law 110-140, as amended

           *       *       *       *       *       *       *



SEC.136. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

           *       *       *       *       *       *       *


    [(f) Fees.--Administrative costs shall be no more than 
$100,000 or 10 basis point of the loan.]
    (f) Fees.--
          (1) In general.--The Secretary shall charge and 
        collect fees for loans provided under this section in 
        amounts that the Secretary determines are sufficient to 
        cover applicable administrative expenses associated 
        with the loans, including reasonable closing fees on 
        the loans.
          (2) Availability.--Fees collected under paragraph (1) 
        shall--
                  (A) be deposited by the Secretary into the 
                Treasury; and
                  (B) remain available until expended, subject 
                to such other conditions as are contained in 
                annual appropriations Acts.

           *       *       *       *       *       *       *


SEC. 137. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM 
                    ELIGIBILITY FOR VESSELS.

    (a) Definition of Vessel.--In this section, the term 
``vessel'' means a vessel (as defined in section 3 of title 1, 
United States Code), whether in existence or under 
construction, that has been issued a certificate of 
documentation as a United States flagged vessel under chapter 
121 of title 46, United States Code and that meets the 
standards established under section 4005(a) of the Energy 
Policy Modernization Act of 2015.
    (b) Eligibility.--Subject to the terms and conditions of 
subsections (d) and (f) of section 136, projects for the 
reequipping, expanding, or establishing of a manufacturing 
facility in the United States to produce vessels shall be 
considered eligible for direct loans under section 136(d).
    (c) Funding.--
          (1) Prohibition on use of existing credit subsidy.--
        None of the projects made eligible under this section 
        shall be eligible to receive any credit subsidy 
        provided under section 136 before the date of enactment 
        of this section.
          (2) Specific appropriation or contribution.--The 
        authority under this section to incur indebtedness, or 
        enter into contracts, obligating amounts to be expended 
        by the Federal Government shall be effective for any 
        fiscal year only--
                  (A)(i) to such extent or in such amounts as 
                are provided in advance by appropriation Acts; 
                and
                  (ii) if the borrower has agreed to pay a 
                reasonable percentage of the cost of the 
                obligation; or
                  (B) if the Secretary has received from the 
                borrower a payment in full for the cost of the 
                obligation and deposited the payment into the 
                Treasury.

           *       *       *       *       *       *       *


SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILDINGS.

           *       *       *       *       *       *       *


    (h) Identification of Certification [System] Systems.--
          [(1) In general.--For the purpose of this section, 
        not later than 60 days after the date of enactment of 
        this Act, the Federal Director shall identify and shall 
        provide to the Secretary pursuant to section 
        305(a)(3)(D) of the Energy Conservation and Production 
        Act (42 U.S.C. 6834(a)(3)(D)), a certification system 
        that the Director determines to be the most likely to 
        encourage a comprehensive and environmentally-sound 
        approach to certification of green buildings.]
          (1) In general.--Based on an ongoing review, the 
        Federal Director shall identify and shall provide to 
        the Secretary pursuant to section 305(a)(3)(D) of the 
        Energy Conservation and Production Act (42 U.S.C. 
        6834(a)(3)(D)), a list of those certification systems 
        that the Director identifies as the most likely to 
        encourage a comprehensive and environmentally sound 
        approach to certification of green buildings.
          (2) Basis.--The [system] systems identified under 
        paragraph (1) shall be based on--
                  [(A) a study completed every 5 years and 
                provided to the Secretary pursuant to section 
                305(a)(3)(D) of that Act, which shall be 
                carried out by the Federal Director to compare 
                and evaluate standards;]
                  (A) an ongoing review provided to the 
                Secretary pursuant to section 305(a)(3)(D) of 
                the Energy Conservation and Production Act (42 
                U.S.C. 6834(a)(3)(D)), which shall--
                          (i) be carried out by the Federal 
                        Director to compare and evaluate 
                        standards; and
                          (ii) allow any developer or 
                        administrator of a rating system or 
                        certification system to be included in 
                        the review;
                  (B) the ability and availability of assessors 
                and auditors to independently verify the 
                criteria and measurement of metrics at the 
                scale necessary to implement this subtitle;
                  (C) the ability of the applicable standard-
                setting organization to collect and reflect 
                public comment;
                  (D) the ability of the standard to be 
                developed and revised through a consensus-based 
                process;
                  (E) an evaluation of the robustness of the 
                criteria for a high-performance green building, 
                which shall give credit for promoting--(i) 
                efficient and sustainable use of water, energy, 
                and other natural resources; (ii) use of 
                renewable energy sources; (iii) improved indoor 
                environmental quality through enhanced indoor 
                air quality, thermal comfort, acoustics, day 
                lighting, pollutant source control, and use of 
                low-emission materials and building system 
                controls; (iv) reduced impacts from 
                transportation through building location and 
                site design that promote access by public 
                transportation; and (v) such other criteria as 
                the Federal Director determines to be 
                appropriate; [and]
                  (F) national recognition within the building 
                industry[.];
                  (G) a finding that, for all credits 
                addressing grown, harvested, or mined 
                materials, the system does not discriminate 
                against the use of domestic products that have 
                obtained certifications of responsible 
                sourcing; and
                  (H) a finding that the system incorporates 
                life-cycle assessment as a credit pathway.

           *       *       *       *       *       *       *


SEC. 452. [ENERGY-INTENSIVE INDUSTRIES PROGRAM.] FUTURE OF INDUSTRY 
                    PROGRAM.

    (a) Definitions.--In this section:

           *       *       *       *       *       *       *

          (3) Energy service provider.--The term ``energy 
        service provider'' means any business providing 
        technology or services to improve the energy 
        efficiency, water efficiency, power factor, or load 
        management of a manufacturing site or other industrial 
        process in an energy-intensive industry, or any utility 
        operating under a utility energy service project.
          [(3)](4) Feedstock.--The term ``feedstock'' means the 
        raw material supplied for use in manufacturing, 
        chemical, and biological processes.
          [(4)](5) Partnership.--The term ``partnership'' means 
        an energy efficiency partnership established under 
        subsection (c)(1)(A).
          [(5)](6) Program.--The term ``program'' means the 
        energy-intensive industries program established under 
        subsection (b).
    (b) Establishment of Program.--The Secretary shall 
establish a program under which the Secretary, in cooperation 
with energy-intensive industries and national industry trade 
associations representing the energy-intensive industries, 
shall support, research, develop, and promote the use of new 
materials processes, technologies, and techniques to optimize 
energy efficiency and the economic competitiveness of the 
United States' industrial and commercial sectors.

           *       *       *       *       *       *       *

    (e) Institution of Higher Education-Based Industrial 
Research and Assessment Centers.--[The Secretary]
          (1) In general.--The Secretary shall provide funding 
        to institution of higher education-based industrial 
        research and assessment centers, whose purpose shall 
        be--
                  [(1)](A) to identify opportunities for 
                optimizing energy efficiency and environmental 
                performance, 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;
                  [(2)](B) to promote applications of emerging 
                concepts and technologies in small- and medium-
                sized manufacturers;
                  [(3)](C) to promote research and development 
                for the use of alternative energy sources to 
                supply heat, power, and new feedstocks for 
                energy-intensive industries;
                  [(4)](D) to coordinate with appropriate 
                Federal and State research offices, and provide 
                a clearinghouse for industrial process and 
                energy efficiency technical assistance 
                resources; and
                  [(5)](E) to coordinate with State-accredited 
                technical training centers and community 
                colleges, while ensuring appropriate services 
                to all regions of the United States.
          (2) Coordination.--To increase the value and 
        capabilities of the industrial research and assessment 
        centers, the centers shall--
                  (A) coordinate with Manufacturing Extension 
                Partnership Centers of the National Institute 
                of Standards and Technology;
                  (B) coordinate with the Building Technologies 
                Program of the Department of Energy to provide 
                building assessment services to manufacturers;
                  (C) increase partnerships with the National 
                Laboratories of the Department of Energy to 
                leverage the expertise and technologies of the 
                National Laboratories for national industrial 
                and manufacturing needs;
                  (D) increase partnerships with energy service 
                providers and technology providers to leverage 
                private sector expertise and accelerate 
                deployment of new and existing technologies and 
                processes for energy efficiency, power factor, 
                and load management;
                  (E) identify opportunities for reducing 
                greenhouse gas emissions; and
                  (F) promote sustainable manufacturing 
                practices for small- and medium-sized 
                manufacturers.
          (3) Outreach.--The Secretary shall provide funding 
        for--
                  (A) outreach activities by the industrial 
                research and assessment centers to inform 
                small- and medium-sized manufacturers of the 
                information, technologies, and services 
                available; and
                  (B) coordination activities by each 
                industrial research and assessment center to 
                leverage efforts with--
                          (i) Federal and State efforts;
                          (ii) the efforts of utilities and 
                        energy service providers;
                          (iii) the efforts of regional energy 
                        efficiency organizations; and
                          (iv) the efforts of other industrial 
                        research and assessment centers.
          (4) Workforce training.--
                  (A) In general.--The Secretary shall pay the 
                Federal share of associated internship programs 
                under which students work with or for 
                industries, manufacturers, and energy service 
                providers to implement the recommendations of 
                industrial research and assessment centers.
                  (B) Federal share.--The Federal share of the 
                cost of carrying out internship programs 
                described in subparagraph (A) shall be 50 
                percent.
          (5) Small business loans.--The Administrator of the 
        Small Business Administration shall, to the maximum 
        extent practicable, expedite consideration of 
        applications from eligible small business concerns for 
        loans under the Small Business Act (15 U.S.C. 631 et 
        seq.) to implement recommendations of industrial 
        research and assessment centers established under 
        paragraph (1).
          (6) Advanced manufacturing steering committee.--The 
        Secretary shall establish an advisory steering 
        committee to provide recommendations to the Secretary 
        on planning and implementation of the Advanced 
        Manufacturing Office of the Department of Energy.

           *       *       *       *       *       *       *


SEC. 453. ENERGY EFFICIENCY FOR DATA CENTER BUILDINGS.

           *       *       *       *       *       *       *


    (b) Voluntary National Information Program.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Secretary and the 
        Administrator of the Environmental Protection Agency 
        shall, after consulting with information technology 
        industry and other interested parties, initiate a 
        voluntary national information program for those types 
        of data centers and data center equipment and 
        facilities that are widely used and for which there is 
        a potential for significant data center energy savings 
        as a result of the program.
          (2) Requirements.--The program described in paragraph 
        (1) shall--
                  (A) address data center efficiency 
                holistically, reflecting the total energy 
                consumption of data centers as whole systems, 
                including both equipment and facilities;
                  (B) consider prior work and studies 
                undertaken in this area, including by the 
                Environmental Protection Agency and the 
                Department of Energy;
                  (C) consistent with the objectives described 
                in paragraph (1), determine the type of data 
                center and data H. R. 6--147 center equipment 
                and facilities to be covered under the program;
                  (D) produce specifications, measurements, 
                best practices, and benchmarks that will enable 
                data center operators to make more informed 
                decisions about the energy efficiency and costs 
                of data centers, and that take into account--
                          (i) the performance and use of 
                        servers, data storage devices, and 
                        other information technology equipment;
                          (ii) the efficiency of heating, 
                        ventilation, and air conditioning, 
                        cooling, and power conditioning 
                        systems, provided that no modification 
                        shall be required of a standard then in 
                        effect under the Energy Policy and 
                        Conservation Act (42 U.S.C. 6201 et 
                        seq.) for any covered heating, 
                        ventilation, air-conditioning, cooling 
                        or power-conditioning product;
                          (iii) energy savings from the 
                        adoption of software and data 
                        management techniques; and
                          (iv) other factors determined by [the 
                        organization] an organization described 
                        in subsection (c);
                  (E) allow for creation of separate 
                specifications, measurements, and benchmarks 
                based on data center size and function, as well 
                as other appropriate characteristics;
                  (F) advance the design and implementation of 
                efficiency technologies to the maximum extent 
                economically practical;
                  (G) provide to data center operators in the 
                private sector and the Federal Government 
                information about best practices and purchasing 
                decisions that reduce the energy consumption of 
                data centers; and
                  (H) publish the information described in 
                subparagraph (G), which may be disseminated 
                through catalogs, trade publications, the 
                Internet, or other mechanisms, that will allow 
                data center operators to assess the energy 
                consumption and potential cost savings of 
                alternative data centers and data center 
                equipment and facilities.
          [(3) Procedures.--The program described in paragraph 
        (1) shall be developed in consultation with and 
        coordinated by the organization described in subsection 
        (c) according to commonly accepted procedures for the 
        development of specifications, measurements, and 
        benchmarks.]
    [(c) Data Center Efficiency Organization.--
          [(1) In general.--After the establishment of the 
        program described in subsection (b), the Secretary and 
        the Administrator shall jointly designate an 
        information technology industry organization to consult 
        with and to coordinate the program.
          [(2) Requirements.--The organization designated under 
        paragraph (1), whether preexisting or formed 
        specifically for the purposes of subsection (b), 
        shall--
                  [(A) consist of interested parties that have 
                expertise in energy efficiency and in the 
                development, operation, and functionality of 
                computer data centers, information technology 
                equipment, and software, as well as 
                representatives of hardware manufacturers, data 
                center operators, and facility managers;
                  [(B) 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 in any of the areas 
                listed in paragraph (1);
                  [(C) follow commonly accepted procedures for 
                the development of specifications and 
                accredited standards development processes; (
                  [D) have a mission to develop and promote 
                energy efficiency for data centers and 
                information technology; and
                  [(E) have the primary responsibility to 
                consult in the development and publishing of 
                the information, measurements, and benchmarks 
                described in subsection (b) and transmission of 
                the information to the Secretary and the 
                Administrator for consideration under 
                subsection (d).
    [(d) Measurements and Specifications.--
          [(1) In general.--The Secretary and the Administrator 
        shall consider the specifications, measurements, and 
        benchmarks described in subsection (b) for use by the 
        Federal Energy Management Program, the Energy Star 
        Program, and other efficiency programs of the 
        Department of Energy and Environmental Protection 
        Agency, respectively.
          [(2) Rejections.--If the Secretary or the 
        Administrator rejects 1 or more specifications, 
        measurements, or benchmarks described in subsection 
        (b), the rejection shall be made consistent with 
        section 12(d) of the National Technology Transfer and 
        Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 
        104-113).
          [(3) Determination of impracticability.--A 
        determination that a specification, measurement, or 
        benchmark described in subsection (b) is impractical 
        may include consideration of the maximum efficiency 
        that is technologically feasible and economically 
        justified.
    [(e) Monitoring.--The Secretary and the Administrator 
shall--
          [(1) monitor and evaluate the efforts to develop the 
        program described in subsection (b); and
          [(2) not later than 3 years after the date of 
        enactment of this Act, make a determination as to 
        whether the program is consistent with the objectives 
        of subsection (b).
    [(f) Alternative System.--If the Secretary and the 
Administrator make a determination under subsection (e) that a 
voluntary national information program for data centers 
consistent with the objectives of subsection (b) has not been 
developed, the Secretary and the Administrator shall, after 
consultation with the National Institute of Standards and 
Technology and not later than 2 years after the determination, 
develop and implement the program under subsection (b).
    [(g) Protection of Proprietary Information.--The Secretary, 
the Administrator, or the data center efficiency organization 
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 program established under this 
section.]
    (c) Stakeholder Involvement.--
          (1) In general.--The Secretary and the Administrator 
        shall carry out subsection (b) in consultation with the 
        information technology industry and other key 
        stakeholders, with the goal of producing results that 
        accurately reflect the best knowledge in the most 
        pertinent domains.
          (2) Considerations.--In carrying out consultation 
        described in paragraph (1), the Secretary and the 
        Administrator shall pay particular attention to 
        organizations that--
                  (A) have members with expertise in energy 
                efficiency and in the development, operation, 
                and functionality of data centers, information 
                technology equipment, and software, including 
                representatives of hardware manufacturers, data 
                center operators, and facility managers;
                  (B) obtain and address input from the 
                National Laboratories (as that term is defined 
                in section 2 of the Energy Policy Act of 2005 
                (42 U.S.C. 15801)) or any institution of higher 
                education, research institution, industry 
                association, company, or public interest group 
                with applicable expertise;
                  (C) follow--
                          (i) commonly accepted procedures for 
                        the development of specifications; and
                          (ii) accredited standards development 
                        processes; or
                  (D) have a mission to promote energy 
                efficiency for data centers and information 
                technology.
    (d) Measurements and Specifications.--The Secretary and the 
Administrator shall consider and assess the adequacy of the 
specifications, measurements, and benchmarks described in 
subsection (b) for use by the Federal Energy Management 
Program, the Energy Star Program, and other efficiency programs 
of the Department of Energy or the Environmental Protection 
Agency.
    (e) Study.--The Secretary, in consultation with the 
Administrator, not later than 18 months after the date of 
enactment of the Energy Policy Modernization Act of 2015, shall 
make available to the public an update to the report submitted 
to Congress pursuant to section 1 of the Act of December 20, 
2006 (Public Law 109-431; 120 Stat. 2920), entitled ``Report to 
Congress on Server and Data Center Energy Efficiency'' and 
dated August 2, 2007, that provides--
          (1) a comparison and gap analysis of the estimates 
        and projections contained in the original report with 
        new data regarding the period from 2007 through 2014;
          (2) an analysis considering the impact of information 
        technologies, including virtualization and cloud 
        computing, in the public and private sectors;
          (3) an evaluation of the impact of the combination of 
        cloud platforms, mobile devices, social media, and big 
        data on data center energy usage;
          (4) an evaluation of water usage in data centers and 
        recommendations for reductions in such water usage; and
          (5) updated projections and recommendations for best 
        practices through fiscal year 2020.
    (f) Data Center Energy Practitioner Program.--
          (1) In general.--The Secretary, in consultation with 
        key stakeholders and the Director of the Office of 
        Management and Budget, shall maintain a data center 
        energy practitioner program that provides for the 
        certification of energy practitioners qualified to 
        evaluate the energy usage and efficiency opportunities 
        in Federal data centers.
          (2) Evaluations.--Each Federal agency shall consider 
        having the data centers of the agency evaluated once 
        every 4 years by energy practitioners certified 
        pursuant to the program, whenever practicable using 
        certified practitioners employed by the agency.
    (g) Open Data Initiative.--
          (1) In general.--The Secretary, in consultation with 
        key stakeholders and the Director of the Office of 
        Management and Budget, shall establish an open data 
        initiative for Federal data center energy usage data, 
        with the purpose of making the data available and 
        accessible in a manner that encourages further data 
        center innovation, optimization, and consolidation.
          (2) Consideration.--In establishing the initiative 
        under paragraph (1), the Secretary shall consider using 
        the online Data Center Maturity Model.
    (h) International Specifications and Metrics.--The 
Secretary, in consultation with key stakeholders, shall 
actively participate in efforts to harmonize global 
specifications and metrics for data center energy and water 
efficiency.
    (i) Data Center Utilization Metric.--The Secretary, in 
collaboration with key stakeholders, shall facilitate in the 
development of an efficiency metric that measures the energy 
efficiency of a data center (including equipment and 
facilities).
    (j) Protection of Proprietary Information.--The Secretary 
and the Administrator shall not disclose any proprietary 
information or trade secrets provided by any individual or 
company for the purposes of carrying out this section or the 
programs and initiatives established under this section.

           *       *       *       *       *       *       *


SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY.

    (a) Purposes.--The purposes of this section are--
          (1) to improve the components, processes, and systems 
        used for geothermal heat pumps and the direct use of 
        geothermal energy; and
          (2) to increase the energy efficiency, lower the 
        cost, increase the use, and improve and demonstrate the 
        applicability of geothermal heat pumps to, and the 
        direct use of geothermal energy in, large buildings, 
        commercial districts, residential communities, and 
        large municipal, agricultural, or industrial projects.
    (b) Definitions.--In this section:
          (1) Direct use of geothermal energy.--The term 
        ``direct use of geothermal energy'' means systems that 
        use water that is at a temperature between 
        approximately 38 degrees Celsius and 149 degrees 
        Celsius directly or through a heat exchanger to 
        provide--
                  (A) heating to buildings; or
                  (B) heat required for industrial processes, 
                agriculture, aquaculture, and other facilities.
          (2) Geothermal heat pump.--The term ``geothermal heat 
        pump'' means a system that provides heating and cooling 
        by exchanging heat from shallow ground or surface water 
        using--
                  (A) a closed loop system, which transfers 
                heat by way of buried or immersed pipes that 
                contain a mix of water and working fluid; or
                  (B) an open loop system, which circulates 
                ground or surface water directly into the 
                building and returns the water to the same 
                aquifer or surface water source.
          (3) Large-scale application.--The term ``large-scale 
        application'' means an application for space or process 
        heating or cooling for large entities with a name-plate 
        capacity, expected resource, or rating of 10 or more 
        megawatts, such as a large building, commercial 
        district, residential community, or a large municipal, 
        agricultural, or industrial project.
    (c) Program.--
          (1) In general.--The Secretary shall establish a 
        program of research, development, and demonstration for 
        geothermal heat pumps and the direct use of geothermal 
        energy.
          (2) Areas.--The program may include research, 
        development, demonstration, and commercial application 
        of--
                  (A) geothermal ground loop efficiency 
                improvements through more efficient heat 
                transfer fluids;
                  (B) geothermal ground loop efficiency 
                improvements through more efficient thermal 
                grouts for wells and trenches;
                  (C) geothermal ground loop installation cost 
                reduction through--
                          (i) improved drilling methods;
                          (ii) improvements in drilling 
                        equipment;
                          (iii) improvements in design 
                        methodology and energy analysis 
                        procedures; and
                          (iv) improved methods for 
                        determination of ground thermal 
                        properties and ground temperatures;
                  (D) installing geothermal ground loops near 
                the foundation walls of new construction to 
                take advantage of existing structures;
                  (E) using gray or black wastewater as a 
                method of heat exchange;
                  (F) improving geothermal heat pump system 
                economics through integration of geothermal 
                systems with other building systems, including 
                providing hot and cold water and rejecting or 
                circulating industrial process heat through 
                refrigeration heat rejection and waste heat 
                recovery;
                  (G) advanced geothermal systems using 
                variable pumping rates to increase efficiency;
                  (H) geothermal heat pump efficiency 
                improvements;
                  (I) use of hot water found in mines and mine 
                shafts and other surface waters as the heat 
                exchange medium;
                  (J) heating of districts, neighborhoods, 
                communities, large commercial or public 
                buildings (including office, retail, 
                educational, government, and institutional 
                buildings and multifamily residential buildings 
                and campuses), and industrial and manufacturing 
                facilities;
                  (K) geothermal system integration with solar 
                thermal water heating or cool roofs and solar-
                regenerated desiccants to balance loads and use 
                building hot water to store geothermal energy;
                  (L) use of hot water coproduced from oil and 
                gas recovery;
                  (M) use of water sources at a temperature of 
                less than 150 degrees Celsius for direct use;
                  (N) system integration of direct use with 
                geothermal electricity production; and
                  (O) coproduction of heat and power, including 
                on-site use.
          (3) Environmental impacts.--In carrying out the 
        program, the Secretary shall identify and mitigate 
        potential environmental impacts in accordance with 
        section 614(c).
    (d) Grants.--
          (1) In general.--The Secretary shall make grants 
        available to State and local governments, institutions 
        of higher education, nonprofit entities, utilities, and 
        for-profit companies (including manufacturers of heat-
        pump and direct-use components and systems) to promote 
        the development of geothermal heat pumps and the direct 
        use of geothermal energy.
          (2) Priority.--In making grants under this 
        subsection, the Secretary shall give priority to 
        proposals that apply to large buildings (including 
        office, retail, educational, government, institutional, 
        and multifamily residential buildings and campuses and 
        industrial and manufacturing facilities), commercial 
        districts, and residential communities.
          (3) National solicitation.--Not later than 180 days 
        after the date of enactment of this section, the 
        Secretary shall conduct a national solicitation for 
        applications for grants under this section.
    (e) Reports.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this section and annually 
        thereafter, the Secretary shall submit to the Committee 
        on Energy and Natural Resources of the Senate and the 
        Committee on Science, Space, and Technology of the 
        House of Representatives a report on progress made and 
        results obtained under this section to develop 
        geothermal heat pumps and direct use of geothermal 
        energy.
          (2) Areas.--Each of the reports required under this 
        subsection shall include--
                  (A) an analysis of progress made in each of 
                the areas described in subsection (c)(2); and
                  (B)(i) a description of any relevant 
                recommendations made during a review of the 
                program; and
                  (ii) any plans to address the recommendations 
                under clause (i).

           *       *       *       *       *       *       *


SEC. 632. DEFINITION.

    For purposes of this subtitle, the term ``marine and 
hydrokinetic renewable energy'' means [electrical] energy 
from--
          (1) waves, tides, and currents in oceans, estuaries, 
        and tidal areas;
          (2) free flowing water in rivers, lakes, and streams;
          (3) free flowing water in man-made channels; and
          (4) differentials in ocean temperature (ocean thermal 
        energy conversion).
    The term ``marine and hydrokinetic renewable energy'' does 
not include energy from any source that uses a dam, 
diversionary structure, or impoundment for electric power 
purposes.

[SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
                    DEVELOPMENT.

    [(a) In General.--The Secretary, in consultation with the 
Secretary of the Interior and the Secretary of Commerce, acting 
through the Under Secretary of Commerce for Oceans and 
Atmosphere, shall establish a program of research, development, 
demonstration, and commercial application to expand marine and 
hydrokinetic renewable energy production, including programs 
to--
          [(1) study and compare existing marine and 
        hydrokinetic renewable energy technologies;
          [(2) research, develop, and demonstrate marine and 
        hydrokinetic renewable energy systems and technologies;
          [(3) reduce the manufacturing and operation costs of 
        marine and hydrokinetic renewable energy technologies;
          [(4) investigate efficient and reliable integration 
        with the utility grid and intermittency issues;
          [(5) advance wave forecasting technologies;
          [(6) conduct experimental and numerical modeling for 
        optimization of marine energy conversion devices and 
        arrays;
          [(7) increase the reliability and survivability of 
        marine and hydrokinetic renewable energy technologies, 
        including development of corrosive-resistant materials;
          [(8) identify, in conjunction with the Secretary of 
        Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere, and other Federal 
        agencies as appropriate, the potential environmental 
        impacts, including potential impacts on fisheries and 
        other marine resources, of marine and hydrokinetic 
        renewable energy technologies, measures to prevent 
        adverse impacts, and technologies and other means 
        available for monitoring and determining environmental 
        impacts;
          [(9) identify, in conjunction with the Secretary of 
        the Department in which the United States Coast Guard 
        is operating, acting through the Commandant of the 
        United States Coast Guard, the potential navigational 
        impacts of marine and hydrokinetic renewable energy 
        technologies and measures to prevent adverse impacts on 
        navigation;
          [(10) develop power measurement standards for marine 
        and hydrokinetic renewable energy;
          [(11) develop identification standards for marine and 
        hydrokinetic renewable energy devices;
          [(12) address standards development, demonstration, 
        and technology transfer for advanced systems 
        engineering and system integration methods to identify 
        critical interfaces;
          [(13) identifying opportunities for cross 
        fertilization and development of economies of scale 
        between other renewable sources and marine and 
        hydrokinetic renewable energy sources; and
          [(14) providing public information and opportunity 
        for public comment concerning all technologies.
    [(b) Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary, in conjunction with the 
Secretary of Commerce, acting through the Undersecretary of 
Commerce for Oceans and Atmosphere, and the Secretary of the 
Interior, shall provide to the Congress a report that 
addresses--
          [(1) the potential environmental impacts, including 
        impacts to fisheries and marine resources, of marine 
        and hydrokinetic renewable energy technologies;
          [(2) options to prevent adverse environmental 
        impacts;
          [(3) the potential role of monitoring and adaptive 
        management in identifying and addressing any adverse 
        environmental impacts; and
          [(4) the necessary components of such an adaptive 
        management program.]

SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
                    DEVELOPMENT.

    The Secretary, in consultation with the Secretary of the 
Interior, the Secretary of Commerce, and the Federal Energy 
Regulatory Commission, shall carry out a program of research, 
development, demonstration, and commercial application to 
accelerate the introduction of marine and hydrokinetic 
renewable energy production into the United States energy 
supply, giving priority to fostering accelerated research, 
development, and commercialization of technology, including 
programs--
          (1) to assist technology development to improve the 
        components, processes, and systems used for power 
        generation from marine and hydrokinetic renewable 
        energy resources;
          (2) to establish critical testing infrastructure 
        necessary--
                  (A) to cost effectively and efficiently test 
                and prove marine and hydrokinetic renewable 
                energy devices; and
                  (B) to accelerate the technological readiness 
                and commercialization of those devices;
          (3) to support efforts to increase the efficiency of 
        energy conversion, lower the cost, increase the use, 
        improve the reliability, and demonstrate the 
        applicability of marine and hydrokinetic renewable 
        energy technologies by participating in demonstration 
        projects;
          (4) to investigate variability issues and the 
        efficient and reliable integration of marine and 
        hydrokinetic renewable energy with the utility grid;
          (5) to identify and study critical short- and long-
        term needs to create a sustainable marine and 
        hydrokinetic renewable energy supply chain based in the 
        United States;
          (6) to increase the reliability and survivability of 
        marine and hydrokinetic renewable energy technologies;
          (7) to verify the performance, reliability, 
        maintainability, and cost of new marine and 
        hydrokinetic renewable energy device designs and system 
        components in an operating environment, and consider 
        the protection of critical infrastructure, such as 
        adequate separation between marine and hydrokinetic 
        devices and projects and submarine telecommunications 
        cables, including consideration of established industry 
        standards;
          (8) to coordinate and avoid duplication of activities 
        across programs of the Department and other applicable 
        Federal agencies, including National Laboratories and 
        to coordinate public-private collaboration in all 
        programs under this section;
          (9) to identify opportunities for joint research and 
        development programs and development of economies of 
        scale between--
                  (A) marine and hydrokinetic renewable energy 
                technologies; and
                  (B) other renewable energy and fossil energy 
                programs, offshore oil and gas production 
                activities, and activities of the Department of 
                Defense; and
          (10) to support in-water technology development with 
        international partners using existing cooperative 
        procedures (including memoranda of understanding)--
                  (A) to allow cooperative funding and other 
                support of value to be exchanged and leveraged; 
                and
                  (B) to encourage the participation of 
                international research centers and companies 
                within the United States and the participation 
                of United States research centers and companies 
                in international projects.

SEC. 634. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION CENTERS.

    (a) Centers.--The Secretary shall award grants to 
institutions of higher education (or consortia thereof) for the 
establishment of 1 or more National Marine Renewable Energy 
Research, Development, and Demonstration Centers. In selecting 
locations for Centers, the Secretary shall consider sites that 
meet one of the following criteria:
          (1) Hosts an existing marine renewable energy 
        research and development program in coordination with 
        an engineering program at an institution of higher 
        education.
          (2) Has proven expertise to support environmental and 
        policy-related issues associated with harnessing of 
        energy in the marine environment.
          (3) Has access to and utilizes the marine resources 
        in the Gulf of Mexico, the Atlantic Ocean, or the 
        Pacific Ocean.
The Secretary may give special consideration to historically 
black colleges and universities and land grant universities 
that also meet one of these criteria. In establishing criteria 
for the selection of the Centers, the Secretary shall consult 
with the Secretary of Commerce, acting through the Under 
Secretary of Commerce for Oceans and Atmosphere, on the 
criteria related to ocean waves, tides, and currents including 
those for advancing wave forecasting technologies, ocean 
temperature differences, and studying the compatibility of 
marine renewable energy technologies and systems with the 
environment, fisheries, and other marine resources.
    [(b) Purposes.--The Centers shall advance research, 
development, demonstration, and commercial application of 
marine renewable energy, and shall serve as an information 
clearinghouse for the marine renewable energy industry, 
collecting and disseminating information on best practices in 
all areas related to developing and managing enhanced marine 
renewable energy systems resources.]
    (b) Purposes.--A Center (in coordination with the 
Department and National Laboratories) shall--
          (1) advance research, development, demonstration, and 
        commercial application of marine and hydrokinetic 
        renewable energy technologies;
          (2) support in-water testing and demonstration of 
        marine and hydrokinetic renewable energy technologies, 
        including facilities capable of testing--
                  (A) marine and hydrokinetic renewable energy 
                systems of various technology readiness levels 
                and scales;
                  (B) a variety of technologies in multiple 
                test berths at a single location; and
                  (C) arrays of technology devices; and
          (3) serve as information clearinghouses for the 
        marine and hydrokinetic renewable energy industry by 
        collecting and disseminating information on best 
        practices in all areas relating to developing and 
        managing marine and hydrokinetic renewable energy 
        resources and energy systems.
    (c) Demonstration of Need.--When applying for a grant under 
this section, an applicant shall include a description of why 
Federal support is necessary for the Center, including evidence 
that the research of the Center will not be conducted in the 
absence of Federal support.

           *       *       *       *       *       *       *


SEC. 636. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to 
carry out this subtitle [$50,000,000 for each of the fiscal 
years 2008 through 2012] $55,000,000 for each of fiscal years 
2017 and 2018 and $60,000,000 for each of fiscal years 2019 
through 2021, except that no funds shall be appropriated under 
this section for activities that are receiving funds under 
section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 
U.S.C. 16231(a)(2)(E)(i)).

           *       *       *       *       *       *       *


SEC. 641. ENERGY STORAGE COMPETITIVENESS.

    (a) Short Title.--This section may be cited as the ``United 
States Energy Storage Competitiveness Act of 2007''.

           *       *       *       *       *       *       *

    (h) Energy Storage Research Centers.--

           *       *       *       *       *       *       *

          (2) Program management.--The centers shall be managed 
        by the [Under Secretary for Science] Under Secretary 
        for Science and Energy of the Department.

           *       *       *       *       *       *       *


SEC. 703. CARBON CAPTURE.

    (a) Program Establishment.--
          (1) In general.--The Secretary shall carry out a 
        program to demonstrate technologies for the large-scale 
        capture of carbon dioxide from industrial sources. In 
        making awards under this program, the Secretary shall 
        select, as appropriate, a diversity of capture 
        technologies to address the need to capture carbon 
        dioxide from a range of industrial sources.
          (2) Scope of award.--Awards under this section shall 
        be only for the portion of the project that--
                  (A) carries out the large-scale capture 
                (including purification and compression) of 
                carbon dioxide from industrial sources;
                  (B) provides for the transportation and 
                injection of carbon dioxide; and
                  (C) incorporates a comprehensive measurement, 
                monitoring, and validation program.
          (3) Preferences for award.--[To ensure reduced carbon 
        dioxide emissions, the Secretary shall take necessary 
        actions to provide for the integration of the program 
        under this paragraph with the large-scale carbon 
        dioxide sequestration tests described in section 
        963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
        16293(c)(3)), as added by section 702 of this subtitle. 
        These actions should not delay implementation of these 
        tests.]The Secretary shall give priority consideration 
        to projects with the following characteristics:
                  (A) Capacity.--Projects that will capture a 
                high percentage of the carbon dioxide in the 
                treated stream and large volumes of carbon 
                dioxide as determined by the Secretary.
                  (B) Sequestration.--Projects that capture 
                carbon dioxide from industrial sources that are 
                near suitable geological reservoirs and could 
                continue sequestration [including--
                          [(i) a field testing validation 
                        activity under section 963 of the 
                        Energy Policy Act of 2005 (42 U.S.C. 
                        16293), as amended by this Act; or
                          [(ii) other geologic sequestration 
                        projects approved by the Secretary.], 
                        including such geologic sequestration 
                        projects as are approved by the 
                        Secretary.
          (4) Requirement.--For projects that generate carbon 
        dioxide that is to be sequestered, the carbon dioxide 
        stream shall be of a sufficient purity level to allow 
        for safe transport and sequestration.
          (5) Cost-sharing.--The cost-sharing requirements of 
        section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
        16352) for research and development projects shall 
        apply to this section.
    (b) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary to carry out this section 
$200,000,000 per year for fiscal years 2009 through 2013.

SEC. 704. REVIEW OF LARGE-SCALE PROGRAMS.

    The Secretary shall enter into an arrangement with the 
National Academy of Sciences for an independent review and 
oversight, beginning in 2011, of the programs [under section 
963(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 
16293(c)(3)), as added by section 702 of this subtitle, and] 
under section 703 of this subtitle, to ensure that the benefits 
of such programs are maximized. Not later than January 1, 2012, 
the Secretary shall transmit to the Congress a report on the 
results of such review and oversight.

           *       *       *       *       *       *       *

                              ----------                              


                       ENERGY POLICY ACT OF 2005

Public Law 109-58, as amended

           *       *       *       *       *       *       *



[SEC. 106. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.

    [(a) Definition of Energy Intensity.--In this section, the 
term ``energy intensity'' means the primary energy consumed for 
each unit of physical output in an industrial process.
    [(b) Voluntary Agreements.--The Secretary may enter into 
voluntary agreements with one or more persons in industrial 
sectors that consume significant quantities of primary energy 
for each unit of physical output to reduce the energy intensity 
of the production activities of the persons.
    [(c) Goal.--Voluntary agreements under this section shall 
have as a goal the reduction of energy intensity by not less 
than 2.5 percent each year during the period of calendar years 
2007 through 2016.
    [(d) Recognition.--The Secretary, in cooperation with other 
appropriate Federal agencies, shall develop mechanisms to 
recognize and publicize the achievements of participants in 
voluntary agreements under this section.
    [(e) Technical Assistance.--A person that enters into an 
agreement under this section and continues to make a good faith 
effort to achieve the energy efficiency goals specified in the 
agreement shall be eligible to receive from the Secretary a 
grant or technical assistance, as appropriate, to assist in the 
achievement of those goals.
    [(f) Report.--Not later than each of June 30, 2012, and 
June 30, 2017, the Secretary shall submit to Congress a report 
that--
          [(1) evaluates the success of the voluntary 
        agreements under this section; and
          [(2) provides independent verification of a sample of 
        the energy savings estimates provided by participating 
        firms.]

           *       *       *       *       *       *       *


SEC. 203. FEDERAL PURCHASE REQUIREMENT.

    (a) Requirement.--The President, acting through the 
Secretary, shall seek to ensure that, to the extent 
economically feasible and technically practicable, of the total 
amount of electric energy the Federal Government consumes 
during any fiscal year, [the following amounts shall be 
renewable energy:]
          [(1) Not less than 3 percent in fiscal years 2007 
        through 2009.
          [(2) Not less than 5 percent in fiscal years 2010 
        through 2012.
          [(3) Not less than 7.5 percent in fiscal year 2013 
        and each fiscal year thereafter.] not less than 15 
        percent in fiscal year 2016 and each fiscal year 
        thereafter shall be renewable energy.
    (b) Definitions.--In this section:
          (1) Biomass.--The term ``biomass'' means any lignin 
        waste material that is segregated from other waste 
        materials and is determined to be nonhazardous by the 
        Administrator of the Environmental Protection Agency 
        and any solid, nonhazardous, cellulosic material that 
        is derived from--
                  (A) any of the following forest-related 
                resources: mill residues, precommercial 
                thinnings, slash, and brush, or nonmerchantable 
                material;
                  (B) solid wood waste materials, including 
                waste pallets, crates, dunnage, manufacturing 
                and construction wood wastes (other than 
                pressure-treated, chemically-treated, or 
                painted wood wastes), and landscape or right-
                of-way tree trimmings, but not including 
                municipal solid waste (garbage), gas derived 
                from the biodegradation of solid waste, or 
                paper that is commonly recycled;
                  (C) agriculture wastes, including orchard 
                tree crops, vineyard, grain, legumes, sugar, 
                and other crop by-products or residues, and 
                livestock waste nutrients; or
                  (D) a plant that is grown exclusively as a 
                fuel for the production of electricity.
          [(2) Renewable energy.--The term ``renewable energy'' 
        means electric energy generated from solar, wind, 
        biomass, landfill gas, ocean (including tidal, wave, 
        current, and thermal), geothermal, municipal solid 
        waste, or new hydroelectric generation capacity 
        achieved from increased efficiency or additions of new 
        capacity at an existing hydroelectric project.]
          (2) Renewable energy.--The term ``renewable energy'' 
        means energy produced from solar, wind, biomass, 
        landfill gas, ocean (including tidal, wave, current, 
        and thermal), geothermal, municipal solid waste, or 
        hydropower.

           *       *       *       *       *       *       *


SEC. 242. HYDROELECTRIC PRODUCTION INCENTIVES.

           *       *       *       *       *       *       *


    (c) Eligibility Window.--Payments may be made under this 
section only for electric energy generated from a qualified 
hydroelectric facility which begins operation during the period 
of [10] 20 fiscal years beginning with the first full fiscal 
year occurring after the date of enactment of this subtitle.

           *       *       *       *       *       *       *

    (f) Sunset.--No payment may be made under this section to 
any qualified hydroelectric facility after the expiration of 
the period of [20] 30 fiscal years beginning with the first 
full fiscal year occurring after the date of enactment of this 
subtitle, and no payment may be made under this section to any 
such facility after a payment has been made with respect to 
such facility for a period of 10 fiscal years.
    (g) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out the purposes 
of this section $10,000,000 for [each of the fiscal years 2006 
through 2015] each of fiscal years 2016 through 2025. 

           *       *       *       *       *       *       *


SEC. 243. HYDROELECTRIC EFFICIENCY IMPROVEMENT.

           *       *       *       *       *       *       *


    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section not more than 
$10,000,000 for [each of the fiscal years 2006 through 2015] 
each of fiscal years 2016 through 2025.

           *       *       *       *       *       *       *


SEC. 351. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.

           *       *       *       *       *       *       *


    (k) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section [$30,000,000 for 
each of fiscal years 2006 through 2010] $5,000,000 for each of 
fiscal years 2017 through 2026, to remain available until 
expended. 

           *       *       *       *       *       *       *


                             TITLE IV--COAL

                [Subtitle A--Clean Coal Power Initiative

[SEC. 401. AUTHORIZATION OF APROPRIATIONS.

    [(a) Clean Coal Power Initiative.--There are authorized to 
be appropriated to the Secretary to carry out the activities 
authorized by this subtitle $200,000,000 for each of fiscal 
years 2006 through 2014, to remain available until expended.
    [(b) Report.--The Secretary shall submit to Congress the 
report required by this subsection not later than March 31, 
2007. The report shall include, with respect to subsection (a), 
a plan containing--
          [(1) a detailed assessment of whether the aggregate 
        funding levels provided under subsection (a) are the 
        appropriate funding levels for that program;
          [(2) a detailed description of how proposals will be 
        solicited and evaluated, including a list of all 
        activities expected to be undertaken;
          [(3) a detailed list of technical milestones for each 
        coal and related technology that will be pursued; and
          [(4) a detailed description of how the program will 
        avoid problems enumerated in Government Accountability 
        Office reports on the Clean Coal Technology Program, 
        including problems that have resulted in unspent funds 
        and projects that failed either financially or 
        scientifically.

[SEC. 402. PROJECT CRITERIA.

    [(a) In general.--To be eligible to receive assistance 
under this subtitle, a project shall advance efficiency, 
environmental performance, and cost competitiveness well beyond 
the level of technologies that are in commercial service or 
have been demonstrated on a scale that the Secretary determines 
is sufficient to demonstrate that commercial service is viable 
as of the date of enactment of this Act.
    [(b) Technical Criteria for Clean Coal Power Initiative.--
          [(1) Gasification projects.--
                  [(A) In general.--In allocating the funds 
                made available under section 401(a), the 
                Secretary shall ensure that at least 70 percent 
                of the funds are used only to fund projects on 
                coal-based gasification technologies, 
                including--
                          [(i) gasification combined cycle;
                          [(ii) gasification fuel cells and 
                        turbine combined cycle;
                          [(iii) gasification coproduction;
                          [(iv) hybrid gasification and 
                        combustion; and
                          [(v) other advanced coal based 
                        technologies capable of producing a 
                        concentrated stream of carbon dioxide.
                  [(B) Technical milestones.--
                          [(i) Periodic determination.--
                                  [(I) In general.--The 
                                Secretary shall periodically 
                                set technical milestones 
                                specifying the emission and 
                                thermal efficiency levels that 
                                coal gasification projects 
                                under this subtitle shall be 
                                designed, and reasonably 
                                expected, to achieve.
                                  [(II) Prescriptive 
                                milestones.--The technical 
                                milestones shall become more 
                                prescriptive during the period 
                                of the clean coal power 
                                initiative.
                          [(ii) 2020 goals.--The Secretary 
                        shall establish the periodic milestones 
                        so as to achieve by the year 2020 coal 
                        gasification projects able--
                                  [(I)(aa) to remove at least 
                                99 percent of sulfur dioxide; 
                                or
                                  [(bb) to emit not more than 
                                0.04 pound SO2 per 
                                million Btu, based on a 30-day 
                                average;
                                  [(II) to emit not more than 
                                .05 lbs of NOX per 
                                million Btu;
                                  [(III) to achieve at least 95 
                                percent reductions in mercury 
                                emissions; and
                                  [(IV) to achieve a thermal 
                                efficiency of at least--
                                          [(aa) 50 percent for 
                                        coal of more than 9,000 
                                        Btu;
                                          [(bb) 48 percent for 
                                        coal of 7,000 to 9,000 
                                        Btu; and
                                          [(cc) 46 percent for 
                                        coal of less than 7,000 
                                        Btu.
          [(2) Other projects.--
                  [(A) Allocation of funds.--The Secretary 
                shall ensure that up to 30 percent of the funds 
                made available under section 401(a) are used to 
                fund projects other than those described in 
                paragraph (1).
                  [(B) Technical milestones.--
                          [(i) Periodic determination.--
                                  [(I) In general.--The 
                                Secretary shall periodically 
                                establish technical milestones 
                                specifying the emission and 
                                thermal efficiency levels that 
                                projects funded under this 
                                paragraph shall be designed, 
                                and reasonably expected, to 
                                achieve.
                                  [(II) Prescriptive 
                                milestones.--The technical 
                                milestones shall become more 
                                prescriptive during the period 
                                of the clean coal power 
                                initiative.
                          [(ii) 2020 goals.--The Secretary 
                        shall set the periodic milestones so as 
                        to achieve by the year 2020 projects 
                        able--
                                  [(I) to remove at least 97 
                                percent of sulfur dioxide;
                                  [(II) to emit no more than 
                                .08 lbs of NOX per 
                                million Btu;
                                  [(III) to achieve at least 90 
                                percent reductions in mercury 
                                emissions; and
                                  [(IV) to achieve a thermal 
                                efficiency of at least--
                                          [(aa) 43 percent for 
                                        coal of more than 9,000 
                                        Btu;
                                          [(bb) 41 percent for 
                                        coal of 7,000 to 9,000 
                                        Btu; and
                                          [(cc) 39 percent for 
                                        coal of less than 7,000 
                                        Btu.
          [(3) Consultation.--Before setting the technical 
        milestones under paragraphs (1)(B) and (2)(B), the 
        Secretary shall consult with--
                  [(A) the Administrator of the Environmental 
                Protection Agency; and
                  [(B) interested entities, including--
                          [(i) coal producers;
                          [(ii) industries using coal;
                          [(iii) organizations that promote 
                        coal or advanced coal technologies;
                          [(iv) environmental organizations;
                          [(v) organizations representing 
                        workers; and
                          [(vi) organizations representing 
                        consumers.
          [(4) Existing units.--In the case of projects at 
        units in existence on the date of enactment of this 
        Act, in lieu of the thermal efficiency requirements 
        described in paragraphs (1)(B)(ii)(IV) and 
        (2)(B)(ii)(IV), the milestones shall be designed to 
        achieve an overall thermal design efficiency 
        improvement, compared to the efficiency of the unit as 
        operated, of not less than--
                  [(A) 7 percent for coal of more than 9,000 
                Btu;
                  [(B) 6 percent for coal of 7,000 to 9,000 
                Btu; or
                  [(C) 4 percent for coal of less than 7,000 
                Btu.
          [(5) Administration.--
                  [(A) Elevation of site.--In evaluating 
                project proposals to achieve thermal efficiency 
                levels established under paragraphs (1)(B)(i) 
                and (2)(B)(i) and in determining progress 
                towards thermal efficiency milestones under 
                paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and 
                (4), the Secretary shall take into account and 
                make adjustments for the elevation of the site 
                at which a project is proposed to be 
                constructed.
                  [(B) Applicability of milestones.--In 
                applying the thermal efficiency milestones 
                under paragraphs (1)(B)(ii)(IV), 
                (2)(B)(ii)(IV), and (4) to projects that 
                separate and capture at least 50 percent of the 
                potential emissions of carbon dioxide by a 
                facility, the energy used for separation and 
                capture of carbon dioxide shall not be counted 
                in calculating the thermal efficiency.
                  [(C) Permitted uses.--In carrying out this 
                section, the Secretary may give priority to 
                projects that include, as part of the project--
                          [(i) the separation or capture of 
                        carbon dioxide; or
                          [(ii) the reduction of the demand for 
                        natural gas if deployed.
    [(c) Financial Criteria.--The Secretary shall not provide 
financial assistance under this subtitle for a project unless 
the recipient documents to the satisfaction of the Secretary 
that--
          [(1) the recipient is financially responsible;
          [(2) the recipient will provide sufficient 
        information to the Secretary to enable the Secretary to 
        ensure that the funds are spent efficiently and 
        effectively; and
          [(3) a market exists for the technology being 
        demonstrated or applied, as evidenced by statements of 
        interest in writing from potential purchasers of the 
        technology.
    [(d) Financial Assistance.--The Secretary shall provide 
financial assistance to projects that, as determined by the 
Secretary--
          [(1) meet the requirements of subsections (a), (b), 
        and (c); and
          [(2) are likely--
                  [(A) to achieve overall cost reductions in 
                the use of coal to generate useful forms of 
                energy or chemical feedstocks;
                  [(B) to improve the competitiveness of coal 
                among various forms of energy in order to 
                maintain a diversity of fuel choices in the 
                United States to meet electricity generation 
                requirements; and
                  [(C) to demonstrate methods and equipment 
                that are applicable to 25 percent of the 
                electricity generating facilities, using 
                various types of coal, that use coal as the 
                primary feedstock as of the date of enactment 
                of this Act.
    [(e) Cost-Sharing.--In carrying out this subtitle, the 
Secretary shall require cost sharing in accordance with section 
988.
    [(f) Scheduled Completion of Selected Projects.--
          [(1) In general.--In selecting a project for 
        financial assistance under this section, the Secretary 
        shall establish a reasonable period of time during 
        which the owner or operator of the project shall 
        complete the construction or demonstration phase of the 
        project, as the Secretary determines to be appropriate.
          [(2) Condition of financial assistance.--The 
        Secretary shall require as a condition of receipt of 
        any financial assistance under this subtitle that the 
        recipient of the assistance enter into an agreement 
        with the Secretary not to request an extension of the 
        time period established for the project by the 
        Secretary under paragraph (1).
          [(3) Extension of time period.-- 
                  [(A) In general.--Subject to subparagraph 
                (B), the Secretary may extend the time period 
                established under paragraph (1) if the 
                Secretary determines, in the sole discretion of 
                the Secretary, that the owner or operator of 
                the project cannot complete the construction or 
                demonstration phase of the project within the 
                time period due to circumstances beyond the 
                control of the owner or operator.
                  [(B) Limitation.--The Secretary shall not 
                extend a time period under subparagraph (A) by 
                more than 4 years.
    [(g) Fee Title.--The Secretary may vest fee title or other 
property interests acquired under cost-share clean coal power 
initiative agreements under this subtitle in any entity, 
including the United States.
    [(h) Data Protection.--For a period not exceeding 5 years 
after completion of the operations phase of a cooperative 
agreement, the Secretary may provide appropriate protections 
(including exemptions from subchapter II of chapter 5 of title 
5, United States Code) against the dissemination of information 
that--
          [(1) results from demonstration activities carried 
        out under the clean coal power initiative program; and
          [(2) would be a trade secret or commercial or 
        financial information that is privileged or 
        confidential if the information had been obtained from 
        and first produced by a non-Federal party participating 
        in a clean coal power initiative project.
    [(i) Applicability.--No technology, or level of emission 
reduction, solely by reason of the use of the technology, or 
the achievement of the emission reduction, by 1 or more 
facilities receiving assistance under this Act, shall be 
considered to be--
          [(1) adequately demonstrated for purposes of section 
        111 of the Clean Air Act (42 U.S.C. 7411);
          [(2) achievable for purposes of section 169 of that 
        Act (42 U.S.C. 7479); or
          [(3) achievable in practice for purposes of section 
        171 of that Act (42 U.S.C. 7501).

[SEC. 403. REPORT.

    [Not later than 1 year after the date of enactment of this 
Act, and once every 2 years thereafter through 2014, the 
Secretary, in consultation with other appropriate Federal 
agencies, shall submit to Congress a report describing--
          [(1) the technical milestones set forth in section 
        402 and how those milestones ensure progress toward 
        meeting the requirements of subsections (b)(1)(B) and 
        (b)(2) of section 402; and
          [(2) the status of projects funded under this 
        subtitle.

[SEC. 404. CLEAN COAL CENTERS OF EXCELLENCE.

    [(a) In General.--As part of the clean coal power 
initiative, the Secretary shall award competitive, merit-based 
grants to institutions of higher education for the 
establishment of centers of excellence for energy systems of 
the future.
    [(b) Basis for Grants.--The Secretary shall award grants 
under this section to institutions of higher education that 
show the greatest potential for advancing new clean coal 
technologies.]

           *       *       *       *       *       *       *


TITLE VI--NUCLEAR MATTERS

           *       *       *       *       *       *       *


Subtitle C--Next Generation Nuclear Plant Project

           *       *       *       *       *       *       *


SEC. 642. PROJECT MANAGEMENT

           *       *       *       *       *       *       *


    (b) Laboratory Management.--
          (1) Lead laboratory.--The Idaho National Laboratory 
        shall be the lead National Laboratory for the Project 
        and shall collaborate with other National Laboratories, 
        institutions of higher education, other research 
        institutes, industrial researchers, and international 
        researchers to carry out the Project.
          (2) Industrial partnerships.--
                  (A) In general.--The Idaho National 
                Laboratory shall organize a consortium of 
                appropriate industrial partners that will carry 
                out cost-shared research, development, design, 
                and construction activities, and operate 
                research facilities, on behalf of the Project.
                  (B) Cost-sharing.--Activities of industrial 
                partners funded by the Project shall be cost-
                shared in accordance with section 988.
                  (C) Preference.--Preference in determining 
                the final structure of the consortium or any 
                partnerships under this subtitle shall be given 
                to a structure (including designating as a lead 
                industrial partner an entity incorporated in 
                the United States) that retains United States 
                technological leadership in the Project while 
                maximizing cost sharing opportunities and 
                minimizing Federal funding responsibilities.
          [(3) Prototype plant siting.--The prototype nuclear 
        reactor and associated plant shall be sited at the 
        Idaho National Laboratory in Idaho.]
          [(4)](3) Reactor test capabilities.--The Project 
        shall use, if appropriate, reactor test capabilities at 
        the Idaho National Laboratory.
          [(5)](4) Other laboratory capabilities.--The Project 
        may use, if appropriate, facilities at other National 
        Laboratories.

           *       *       *       *       *       *       *


[SEC. 706. JOINT FLEXIBLE FUEL/HYBRID VEHICLE COMMERCIALIZATION 
                    INITIATIVE.

    [(a) Definitions.--In this section:
          [(1) Eligible entity.--The term ``eligible entity'' 
        means--
                  [(A) a for-profit corporation;
                  [(B) a nonprofit corporation; or
                  [(C) an institution of higher education.
          [(2) Program.--The term ``program'' means a program 
        established under subsection (b).
    [(b) Establishment.--The Secretary shall establish a 
program to improve technologies for the commercialization of--
          [(1) a combination hybrid/flexible fuel vehicle; or
          [(2) a plug-in hybrid/flexible fuel vehicle.
    [(c) Grants.--In carrying out the program, the Secretary 
shall provide grants that give preference to proposals that--
          [(1) achieve the greatest reduction in miles per 
        gallon of petroleum fuel consumption;
          [(2) achieve not less than 250 miles per gallon of 
        petroleum fuel consumption; and
          [(3) have the greatest potential of commercialization 
        to the general public within 5 years.
    [(d) Verification.--Not later than 90 days after the date 
of enactment of this Act, the Secretary shall publish in the 
Federal Register procedures to verify--
          [(1) the hybrid/flexible fuel vehicle technologies to 
        be demonstrated; and
          [(2) that grants are administered in accordance with 
        this section.
    [(e) Report.--Not later than 260 days after the date of 
enactment of this Act, and annually thereafter, the Secretary 
shall submit to Congress a report that--
          [(1) identifies the grant recipients;
          [(2) describes the technologies to be funded under 
        the program;
          [(3) assesses the feasibility of the technologies 
        described in paragraph (2) in meeting the goals 
        described in subsection (c);
          [(4) identifies applications submitted for the 
        program that were not funded; and
          [(5) makes recommendations for Federal legislation to 
        achieve commercialization of the technology 
        demonstrated.
    [(f) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section, to remain 
available until expended--
          [(1) $3,000,000 for fiscal year 2006;
          [(2) $7,000,000 for fiscal year 2007;
          [(3) $10,000,000 for fiscal year 2008; and
          [(4) $20,000,000 for fiscal year 2009.]

           *       *       *       *       *       *       *


[SEC. 711. HYBRID VEHICLES.

    [The Secretary shall accelerate efforts directed toward the 
improvement of batteries and other rechargeable energy storage 
systems, power electronics, hybrid systems integration, and 
other technologies for use in hybrid vehicles.]

[SEC. 712. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

    [(a) Program.--
          [(1) In general.--The Secretary shall establish a 
        program to encourage domestic production and sales of 
        efficient hybrid and advanced diesel vehicles and 
        components of those vehicles.
          [(2) Inclusions.--The program shall include grants 
        and loan guarantees under section 1703 to automobile 
        manufacturers and suppliers and hybrid component 
        manufacturers to encourage domestic production of 
        efficient hybrid, plug-in electric hybrid, plug-in 
        electric drive, and advanced diesel vehicles.
          [(3) Priority.--Priority shall be given to the 
        refurbishment or retooling of manufacturing facilities 
        that have recently ceased operation or will cease 
        operation in the near future.
    [(b) Coordination With State and Local Programs.--The 
Secretary may coordinate implementation of this section with 
State and local programs designed to accomplish similar goals, 
including the retention and retraining of skilled workers from 
the manufacturing facilities, including by establishing 
matching grant arrangements.
    [(c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary such sums as may be 
necessary to carry out this section.]

           *       *       *       *       *       *       *


SEC. 911. ENERGY EFFICIENCY.

    (a) In General.--
          (1) Objectives.--The Secretary shall conduct programs 
        of energy efficiency research, development, 
        demonstration, and commercial application, including 
        activities described in this subtitle. Such programs 
        shall take into consideration the following objectives:
                  (A) Increasing the energy efficiency of 
                [vehicles, buildings,] buildings and industrial 
                processes.
                  (B) Reducing the demand of the United States 
                for energy, especially energy from foreign 
                sources.
                  (C) Reducing the cost of energy and making 
                the economy more efficient and competitive.
                  (D) Improving the energy security of the 
                United States.
                  (E) Reducing the environmental impact of 
                energy-related activities.
          (2) Programs.--Programs under this subtitle shall 
        include research, development, demonstration, and 
        commercial application of--
                  [(A) advanced, cost-effective technologies to 
                improve the energy efficiency and environmental 
                performance of vehicles, including--
                          [(i) hybrid and electric propulsion 
                        systems;
                          [(ii) plug-in hybrid systems;
                          [(iii) advanced combustion engines;
                          [(iv) weight and drag reduction 
                        technologies;
                          [(v) whole-vehicle design 
                        optimization; and
                          [(vi) advanced drive trains;]
                  [(B)](A) cost-effective technologies, for new 
                construction and retrofit, to improve the 
                energy efficiency and environmental performance 
                of buildings, using a whole-buildings approach, 
                including onsite renewable energy generation;
                  [(C)](B) advanced technologies to improve the 
                energy efficiency, environmental performance, 
                and process efficiency of energy-intensive and 
                waste-intensive industries;
                  [(D)](C) advanced control devices to improve 
                the energy efficiency of electric motors, 
                including those used in industrial processes, 
                heating, ventilation, and cooling; and
                  [(E)](D) technologies to improve the energy 
                efficiency of appliances and mechanical systems 
                for buildings in cold climates, including 
                combined heat and power units and increased use 
                of renewable resources, including fuel.
    (c) Allocations.--From amounts authorized under subsection 
(b), the following sums are authorized:
          (1) For activities under section 912, $50,000,000 for 
        each of fiscal years 2007 through 2009.
          (2) For activities under section 915, $7,000,000 for 
        each of fiscal years 2007 through 2009.
          [(3) For activities under subsection (a)(2)(A)--
                  [(A) $200,000,000 for fiscal year 2007;
                  [(B) $270,000,000 for fiscal year 2008; and
                  [(C) $310,000,000 for fiscal year 2009.]
          [(4)](3) For activities under subsection [(a)(2)(D)] 
        (a)(2)(C), $2,000,000 for each of fiscal years 2007 and 
        2008.
    (d) Extended Authorization.--There are authorized to be 
appropriated to the Secretary to carry out section 912 
$50,000,000 for each of fiscal years 2010 through 2013.
    (e) Limitations.--None of the funds authorized to be 
appropriated under this section may be used for--
          (1) the issuance or implementation of energy 
        efficiency regulations;
          (2) the weatherization program established under part 
        A of title IV of the Energy Conservation and Production 
        Act (42 U.S.C. 6861 et seq.);
          (3) a State energy conservation plan established 
        under part D of title III of the Energy Policy and 
        Conservation Act (42 U.S.C. 6321 et seq.); or
          (4) a Federal energy management measure carried out 
        under part 3 of title V of the National Energy 
        Conservation Policy Act (42 U.S.C. 8251 et seq.).

           *       *       *       *       *       *       *


SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

    (a) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a utility;
                  (B) a municipality;
                  (C) a water district;
                  (D) an Indian tribe or Alaska Native village; 
                and
                  (E) any other authority that provides water, 
                wastewater, or water reuse services.
          (2) Smart energy and water efficiency pilot 
        program.--The term ``smart energy and water efficiency 
        pilot program'' or ``pilot program'' means the pilot 
        program established under subsection (b).
    (b) Smart Energy and Water Efficiency Pilot Program.-- 
          (1) In general.--The Secretary shall establish and 
        carry out a smart energy and water efficiency pilot 
        program in accordance with this section.
          (2) Purpose.--The purpose of the smart energy and 
        water efficiency pilot program is to award grants to 
        eligible entities to demonstrate unique, advanced, or 
        innovative technology-based solutions that will--
                  (A) increase the energy efficiency of water, 
                wastewater, and water reuse systems;
                  (B) improve energy efficiency of water, 
                wastewater, and water reuse systems to help 
                communities across the United States make 
                measurable progress in conserving water, saving 
                energy, and reducing costs;
                  (C) support the implementation of innovative 
                and unique processes and the installation of 
                established advanced automated systems that 
                provide real-time data on energy and water; and
                  (D) improve energy-water conservation and 
                quality and predictive maintenance through 
                technologies that utilize internet connected 
                technologies, including sensors, intelligent 
                gateways, and security embedded in hardware.
          (3) Project selection.--
                  (A) In general.--The Secretary shall make 
                competitive, merit-reviewed grants under the 
                pilot program to not less than 3, but not more 
                than 5, eligible entities.
                  (B) Selection criteria.--In selecting an 
                eligible entity to receive a grant under the 
                pilot program, the Secretary shall consider--
                          (i) energy and cost savings;
                          (ii) the uniqueness, commercial 
                        viability, and reliability of the 
                        technology to be used;
                          (iii) the degree to which the project 
                        integrates next-generation sensors 
                        software, analytics, and management 
                        tools;
                          (iv) the anticipated cost-
                        effectiveness of the pilot project 
                        through measurable energy efficiency 
                        savings, water savings or reuse, and 
                        infrastructure costs averted;
                          (v) whether the technology can be 
                        deployed in a variety of geographic 
                        regions and the degree to which the 
                        technology can be implemented in a wide 
                        range of applications ranging in scale 
                        from small towns to large cities, 
                        including tribal communities;
                          (vi) whether the technology has been 
                        successfully deployed elsewhere;
                          (vii) whether the technology was 
                        sourced from a manufacturer based in 
                        the United States; and
                          (viii) whether the project will be 
                        completed in 5 years or less.
                  (C) Applications.--
                          (i) In general.--Subject to clause 
                        (ii), an eligible entity seeking a 
                        grant under the pilot program shall 
                        submit to the Secretary an application 
                        at such time, in such manner, and 
                        containing such information as the 
                        Secretary determines to be necessary.
                          (ii) Contents.--An application under 
                        clause (i) shall, at a minimum, 
                        include--
                                  (I) a description of the 
                                project;
                                  (II) a description of the 
                                technology to be used in the 
                                project;
                                  (III) the anticipated 
                                results, including energy and 
                                water savings, of the project;
                                  (IV) a comprehensive budget 
                                for the project;
                                  (V) the names of the project 
                                lead organization and any 
                                partners;
                                  (VI) the number of users to 
                                be served by the project;
                                  (VII) a description of the 
                                ways in which the proposal 
                                would meet performance measures 
                                established by the Secretary; 
                                and (VIII) any other 
                                information that the Secretary 
                                determines to be necessary to 
                                complete the review and 
                                selection of a grant recipient.
          (4) Administration.--
                  (A) In general.--Not later than 300 days 
                after the date of enactment of this section, 
                the Secretary shall select grant recipients 
                under this section.
                  (B) Evaluations.--
                          (i) Annual evaluations.--The 
                        Secretary shall annually carry out an 
                        evaluation of each project for which a 
                        grant is provided under this section 
                        that meets performance measures and 
                        benchmarks developed by the Secretary, 
                        consistent with the purposes of this 
                        section.
                          (ii) Requirements.--Consistent with 
                        the performance measures and benchmarks 
                        developed under clause (i), in carrying 
                        out an evaluation under that clause, 
                        the Secretary shall--
                                  (I) evaluate the progress and 
                                impact of the project; and
                                  (II) assesses the degree to 
                                which the project is meeting 
                                the goals of the pilot program.
                  (C) Technical and policy assistance.--On the 
                request of a grant recipient, the Secretary 
                shall provide technical and policy assistance.
                  (D) Best practices.--The Secretary shall make 
                available to the public through the Internet 
                and other means the Secretary considers to be 
                appropriate--
                          (i) a copy of each evaluation carried 
                        out under subparagraph (B); and
                          (ii) a description of any best 
                        practices identified by the Secretary 
                        as a result of those evaluations.
                  (E) Report to congress.--The Secretary shall 
                submit to Congress a report containing the 
                results of each evaluation carried out under 
                subparagraph (B).
    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $15,000,000, to 
remain available until expended.

           *       *       *       *       *       *       *


[SEC. 933. LOW-COST RENEWABLE HYDROGEN AND INFRASTRUCTURE FOR VEHICLE 
                    PROPULSION.

    [The Secretary shall--
          [(1) establish a research, development, and 
        demonstration program to determine the feasibility of 
        using hydrogen propulsion in light-weight vehicles and 
        the integration of the associated hydrogen production 
        infrastructure using off-the-shelf components; and
          [(2) identify universities and institutions that--
                  [(A) have expertise in researching and 
                testing vehicles fueled by hydrogen, methane, 
                and other fuels;
                  [(B) have expertise in integrating off-the-
                shelf components to minimize cost; and
                  [(C) within 2 years can test a vehicle based 
                on an existing commercially available platform 
                with a curb weight of not less than 2,000 
                pounds before modifications, that--
                          [(i) operates solely on hydrogen;
                          [(ii) qualifies as a light-duty 
                        passenger vehicle; and
                          [(iii) uses hydrogen produced from 
                        water using only solar energy.]

           *       *       *       *       *       *       *


SEC. 954. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.

    (a) In General.--The Secretary shall conduct a program to 
invest in human resources and infrastructure in the nuclear 
sciences and related fields, including health physics, nuclear 
engineering, nuclear chemistry, and radiochemistry, consistent 
with missions of the Department related to civilian nuclear 
research, development, demonstration, and commercial 
application.
    (b) Requirements.--In carrying out the program under this 
section, the Secretary shall--
          (1) conduct a graduate and undergraduate fellowship 
        program to attract new and talented students, which may 
        include fellowships for students to spend time at 
        National Laboratories in the areas of nuclear science, 
        engineering, and health physics with a member of the 
        National Laboratory staff acting as a mentor;
          (2) conduct a junior faculty research initiation 
        grant program to assist universities in recruiting and 
        retaining new faculty in the nuclear sciences and 
        engineering by awarding grants to junior faculty for 
        research on issues related to nuclear energy 
        engineering and science;
          (3) award grants, not to exceed 5 years in duration, 
        to institutions of higher education with existing 
        academic degree programs in nuclear sciences and 
        related fields--
                  (A) to increase the number of graduates in 
                nuclear science and related fields;
                  (B) to enhance the teaching and research of 
                advanced nuclear technologies;
                  (C) to undertake collaboration with industry 
                and National Laboratories; and
                  (D) to bolster or sustain nuclear 
                infrastructure and research facilities of 
                institutions of higher education, such as 
                research and training reactors and 
                laboratories;
          [(3)](4) support fundamental nuclear sciences, 
        engineering, and health physics research through a 
        nuclear engineering education and research program;
          [(4)](5) encourage collaborative nuclear research 
        among industry, National Laboratories, and 
        universities; and
          [(5)](6) support communication and outreach related 
        to nuclear science, engineering, and health physics.
    (c) University-National Laboratory Interactions.--The 
Secretary shall conduct--
          (1) a fellowship program for professors at 
        universities to spend sabbaticals at National 
        Laboratories in the areas of nuclear science and 
        technology; and
          (2) a visiting scientist program in which National 
        Laboratory staff can spend time in academic nuclear 
        science and engineering departments.
    (d) Strengthening University Research and Training Reactors 
and Associated Infrastructure.--In carrying out the program 
under this section, the Secretary may support--
          (1) converting research reactors from high-enrichment 
        fuels to low-enrichment fuels and upgrading operational 
        instrumentation;
          (2) consortia of universities to broaden access to 
        university research reactors;
          (3) student training programs, in collaboration with 
        the United States nuclear industry, in relicensing and 
        upgrading reactors, including through the provision of 
        technical assistance; and
          (4) reactor improvements as part of a taking into 
        consideration effort that emphasizes research, 
        training, and education, including through the 
        Innovations in Nuclear Infrastructure and Education 
        Program or any similar program.
    (e) Operations and Maintenance.--Funding for a project 
provided under this section may be used for a portion of the 
operating and maintenance costs of a research reactor at a 
university used in the project.
    (f) Definition.--In this section, the term ``junior 
faculty'' means a faculty member who was awarded a doctorate 
less than 10 years before receipt of an award from the grant 
program described in subsection (b)(2).

           *       *       *       *       *       *       *


SEC. 961. FOSSIL ENERGY.

    (a) In General.--The Secretary shall carry out research, 
development, demonstration, and commercial application programs 
in fossil energy, including activities under this subtitle, 
with the goal of improving the efficiency, effectiveness, and 
environmental performance of fossil energy production, 
upgrading, conversion, and consumption. Such programs take into 
consideration the following objectives:
          (1) Increasing the energy conversion efficiency of 
        all forms of fossil energy through improved 
        technologies.
          (2) Decreasing the cost of all fossil energy 
        production, generation, and delivery.
          (3) Promoting diversity of energy supply.
          (4) Decreasing the dependence of the United States on 
        foreign energy supplies.
          (5) Improving United States energy security.
          (6) Decreasing the environmental impact of energy-
        related activities.
          (7) Increasing the export of fossil energy-related 
        equipment, technology, and services from the United 
        States.
          (8) Improving the conversion, use, and storage of 
        carbon dioxide produced from fossil fuels.

           *       *       *       *       *       *       *


[SEC. 962. COAL AND RELATED TECHNOLOGIES PROGRAM.

    [(a) In General.--In addition to the programs authorized 
under title IV, the Secretary shall conduct a program of 
technology research, development, demonstration, and commercial 
application for coal and power systems, including programs to 
facilitate production and generation of coal-based power 
through--
          [(1) innovations for existing plants (including 
        mercury removal);
          [(2) gasification systems;
          [(3) advanced combustion systems;
          [(4) turbines for synthesis gas derived from coal;
          [(5) carbon capture and sequestration research and 
        development;
          [(6) coal-derived chemicals and transportation fuels;
          [(7) liquid fuels derived from low rank coal water 
        slurry;
          [(8) solid fuels and feedstocks;
          [(9) advanced coal-related research;
          [(10) advanced separation technologies; and
          [(11) fuel cells for the operation of synthesis gas 
        derived from coal.
    [(b) Cost and Performance Goals.--
          [(1) In general.--In carrying out programs authorized 
        by this section, during each of calendar years 2008, 
        2010, 2012, and 2016, and during each fiscal year 
        beginning after September 30, 2021, the Secretary shall 
        identify cost and performance goals for coal-based 
        technologies that would permit the continued cost-
        competitive use of coal for the production of 
        electricity, chemical feedstocks, and transportation 
        fuels.
          [(2) Administration.--In establishing the cost and 
        performance goals, the Secretary shall--
                  [(A) consider activities and studies 
                undertaken as of the date of enactment of this 
                Act by industry in cooperation with the 
                Department in support of the identification of 
                the goals;
                  [(B) consult with interested entities, 
                including--
                          [(i) coal producers;
                          [(ii) industries using coal;
                          [(iii) organizations that promote 
                        coal and advanced coal technologies;
                          [(iv) environmental organizations;
                          [(v) organizations representing 
                        workers; and
                          [(vi) organizations representing 
                        consumers;
                  [(C) not later than 120 days after the date 
                of enactment of this Act, publish in the 
                Federal Register proposed draft cost and 
                performance goals for public comments; and
                  [(D) not later than 180 days after the date 
                of enactment of this Act and every 4 years 
                thereafter, submit to Congress a report 
                describing the final cost and performance goals 
                for the technologies that includes--
                          [(i) a list of technical milestones; 
                        and
                          [(ii) an explanation of how programs 
                        authorized in this section will not 
                        duplicate the activities authorized 
                        under the Clean Coal Power Initiative 
                        authorized under title IV.
    [(c) Powder River Basin and Fort Union Lignite Coal Mercury 
Removal.--
          [(1) In general.--In addition to the programs 
        authorized by subsection (a), the Secretary shall 
        establish a program to test and develop technologies to 
        control and remove mercury emissions from subbituminous 
        coal mined in the Powder River Basin, and Fort Union 
        lignite coals, that are used for the generation of 
        electricity.
          [(2) Efficacy of mercury removal technology.--In 
        carrying out the program under paragraph (1), the 
        Secretary shall examine the efficacy of mercury removal 
        technologies on coals described in that paragraph that 
        are blended with other types of coal.
    [(d) Fuel Cells.--
          [(1) In general.--The Secretary shall conduct a 
        program of research, development, demonstration, and 
        commercial application on fuel cells for low-cost, 
        high-efficiency, fuel-flexible, modular power systems.
          [(2) Demonstrations.--The demonstrations referred to 
        in paragraph (1) shall include solid oxide fuel cell 
        technology for commercial, residential, and 
        transportation applications, and distributed generation 
        systems, using improved manufacturing production and 
        processes.]

SEC. 962. COAL TECHNOLOGY PROGRAM.

    (a) Definitions.--In this section:
          (1) Large-scale pilot project.--The term ``large-
        scale pilot project'' means a pilot project that--
                  (A) represents the scale of technology 
                development beyond laboratory development and 
                bench scale testing, but not yet advanced to 
                the point of being tested under real 
                operational conditions at commercial scale;
                  (B) represents the scale of technology 
                necessary to gain the operational data needed 
                to understand the technical and performance 
                risks of the technology before the application 
                of that technology at commercial scale or in 
                commercial-scale demonstration; and
                  (C) is large enough--
                          (i) to validate scaling factors; and
                          (ii) to demonstrate the interaction 
                        between major components so that 
                        control philosophies for a new process 
                        can be developed and enable the 
                        technology to advance from large-scale 
                        pilot plant application to commercial 
                        scale demonstration or application.
          (2) Program.--The term ``program'' means the program 
        established under subsection (b).
          (3) Transformational technology.--
                  (A) In general.--The term transformational 
                technology' means a power generation technology 
                that represents an entirely new way to convert 
                energy that will enable a step change in 
                performance, efficiency, and cost of 
                electricity as compared to the technology in 
                existence on the date of enactment of this Act.
                  (B) Inclusions.--The term ``transformational 
                technology'' includes a broad range of 
                technology improvements, including--
                          (i) thermodynamic improvements in 
                        energy conversion and heat transfer, 
                        including--
                                  (I) oxygen combustion;
                                  (II) chemical looping; and
                                  (III) the replacement of 
                                steam cycles with supercritical 
                                carbon dioxide cycles;
                          (ii) improvements in turbine 
                        technology;
                          (iii) improvements in carbon capture 
                        systems technology; and
                          (iv) any other technology the 
                        Secretary recognizes as 
                        transformational technology.
    (b) Coal Technology Program.--
          (1) In general.--The Secretary shall establish a coal 
        technology program to ensure the continued use of the 
        abundant, domestic coal resources of the United States 
        through the development of technologies that will 
        significantly improve the efficiency, effectiveness, 
        costs, and environmental performance of coal use.
          (2) Requirements.--The program shall include--
                  (A) a research and development program;
                  (B) large-scale pilot projects; and
                  (C) demonstration projects.
          (3) Program goals and objectives.--In consultation 
        with the interested entities described in paragraph 
        (4)(C), the Secretary shall develop goals and 
        objectives for the program to be applied to the 
        technologies developed within the program, taking into 
        consideration the following objectives:
                  (A) Ensure reliable, low cost power from new 
                and existing coal plants.
                  (B) Achieve high conversion efficiencies.
                  (C) Address emissions of carbon dioxide 
                through high efficiency platforms and carbon 
                capture from new and existing coal plants.
                  (D) Support small-scale and modular 
                technologies to enable incremental capacity 
                additions and load growth and large-scale 
                generation technologies.
                  (E) Support flexible baseload operations for 
                new and existing applications of coal 
                generation.
                  (F) Further reduce emissions of criteria 
                pollutants and reduce the use and manage the 
                discharge of water in power plant operations.
                  (G) Accelerate the development of 
                technologies that have transformational energy 
                conversion characteristics.
                  (H) Validate geologic storage of large 
                volumes of anthropogenic sources of carbon 
                dioxide and support the development of the 
                infrastructure needed to support a carbon 
                dioxide use and storage industry.
                  (I) Examine methods of converting coal to 
                other valuable products and commodities in 
                addition to electricity.
          (4) Consultations required.--In carrying out the 
        program, the Secretary shall--
                  (A) undertake international collaborations, 
                as recommended by the National Coal Council;
                  (B) use existing authorities to encourage 
                international cooperation; and
                  (C) consult with interested entities, 
                including--
                          (i) coal producers;
                          (ii) industries that use coal;
                          (iii) organizations that promote coal 
                        and advanced coal technologies;
                          (iv) environmental organizations;
                          (v) organizations representing 
                        workers; and
                          (vi) organizations representing 
                        consumers.
    (c) Report.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary shall 
        submit to Congress a report describing the performance 
        standards adopted under subsection (b)(3).
          (2) Update.--Once every 2 years after the initial 
        report is submitted under paragraph (1), the Secretary 
        shall submit to Congress a report describing the 
        progress made towards achieving the objectives and 
        performance standards adopted under subsection (b)(3).
    (d) Funding.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary to carry 
        out this Act, to remain available until expended--
                  (A) $610,000,000 for each of fiscal years 
                2017 through 2020; and
                  (B) $560,000,000 for fiscal year 2021.
          (2) Allocations.--The amounts made available under 
        paragraph (1) shall be allocated as follows:
                  (A) For activities under the research and 
                development program component described in 
                subsection (b)(2)(A)--
                          (i) $275,000,000 for each of fiscal 
                        years 2017 through 2020; and
                          (ii) $200,000,000 for fiscal year 
                        2021.
                  (B) For activities under the demonstration 
                projects program component described in 
                subsection (b)(2)(C)--
                          (i) $50,000,000 for each of fiscal 
                        years 2017 through 2020; and
                          (ii) $75,000,000 for fiscal year 
                        2021.
                  (C) For activities under the large-scale 
                pilot projects program component described in 
                subsection (b)(2)(B), $285,000,000 for each of 
                fiscal years 2017 through 2021.

[SEC. 963. CARBON CAPTURE AND SEQUESTRATION RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION PROGRAM.

    [(a) In General.--The Secretary shall carry out a 10-year 
carbon capture and sequestration research, development, and 
demonstration program to develop carbon dioxide capture and 
sequestration technologies related to industrial sources of 
carbon dioxide for use--
          [(1) in new coal utilization facilities; and
          [(2) on the fleet of coal-based units in existence on 
        the date of enactment of this Act.
    [(b) Objectives.--The objectives of the program under 
subsection (a) shall be--
          [(1) to develop carbon dioxide capture technologies, 
        including adsorption and absorption techniques and 
        chemical processes, to remove the carbon dioxide from 
        gas streams containing carbon dioxide potentially 
        amenable to sequestration;
          [(2) to develop technologies that would directly 
        produce concentrated streams of carbon dioxide 
        potentially amenable to sequestration;
          [(3) to increase the efficiency of the overall system 
        to reduce the quantity of carbon dioxide emissions 
        released from the system per megawatt generated;
          [(4) in accordance with the carbon dioxide capture 
        program, to promote a robust carbon sequestration 
        program and continue the work of the Department, in 
        conjunction with the private sector, through regional 
        carbon sequestration partnerships; and
          [(5) to expedite and carry out large-scale testing of 
        carbon sequestration systems in a range of geologic 
        formations that will provide information on the cost 
        and feasibility of deployment of sequestration 
        technologies.
    [(c) Programmatic Activities.--
          [(1) Fundamental science and engineering research and 
        development and demonstration supporting carbon capture 
        and sequestration technologies and carbon use 
        activities.--
                  [(A) In general.--The Secretary shall carry 
                out fundamental science and engineering 
                research (including laboratory-scale 
                experiments, numeric modeling, and simulations) 
                to develop and document the performance of new 
                approaches to capture and sequester, or use 
                carbon dioxide to lead to an overall reduction 
                of carbon dioxide emissions.
                  [(B) Program integration.--The Secretary 
                shall ensure that fundamental research carried 
                out under this paragraph is appropriately 
                applied to energy technology development 
                activities, the field testing of carbon 
                sequestration, and carbon use activities, 
                including--
                          [(i) development of new or advanced 
                        technologies for the capture and 
                        sequestration of carbon dioxide;
                          [(ii) development of new or advanced 
                        technologies that reduce the cost and 
                        increase the efficacy of advanced 
                        compression of carbon dioxide required 
                        for the sequestration of carbon 
                        dioxide;
                          [(iii) modeling and simulation of 
                        geologic sequestration field 
                        demonstrations;
                          [(iv) quantitative assessment of 
                        risks relating to specific field sites 
                        for testing of sequestration 
                        technologies;
                          [(v) research and development of new 
                        and advanced technologies for carbon 
                        use, including recycling and reuse of 
                        carbon dioxide; and
                          [(vi) research and development of new 
                        and advanced technologies for the 
                        separation of oxygen from air.
          [(2) Field validation testing activities.--
                  [(A) In general.--The Secretary shall 
                promote, to the maximum extent practicable, 
                regional carbon sequestration partnerships to 
                conduct geologic sequestration tests involving 
                carbon dioxide injection and monitoring, 
                mitigation, and verification operations in a 
                variety of candidate geologic settings, 
                including--
                          [(i) operating oil and gas fields;
                          [(ii) depleted oil and gas fields;
                          [(iii) unmineable coal seams;
                          [(iv) deep saline formations;
                          [(v) deep geologic systems that may 
                        be used as engineered reservoirs to 
                        extract economical quantities of heat 
                        from geothermal resources of low 
                        permeability or porosity; and
                          [(vi) deep geologic systems 
                        containing basalt formations.
                  [(B) Objectives.--The objectives of tests 
                conducted under this paragraph shall be--
                          [(i) to develop and validate 
                        geophysical tools, analysis, and 
                        modeling to monitor, predict, and 
                        verify carbon dioxide containment;
                          [(ii) to validate modeling of 
                        geologic formations;
                          [(iii) to refine sequestration 
                        capacity estimated for particular 
                        geologic formations;
                          [(iv) to determine the fate of carbon 
                        dioxide concurrent with and following 
                        injection into geologic formations;
                          [(v) to develop and implement best 
                        practices for operations relating to, 
                        and monitoring of, carbon dioxide 
                        injection and sequestration in geologic 
                        formations;
                          [(vi) to assess and ensure the safety 
                        of operations related to geologic 
                        sequestration of carbon dioxide;
                          [(vii) to allow the Secretary to 
                        promulgate policies, procedures, 
                        requirements, and guidance to ensure 
                        that the objectives of this 
                        subparagraph are met in large-scale 
                        testing and deployment activities for 
                        carbon capture and sequestration that 
                        are funded by the Department of Energy; 
                        and
                          [(viii) to provide information to 
                        States, the Environmental Protection 
                        Agency, and other appropriate entities 
                        to support development of a regulatory 
                        framework for commercial-scale 
                        sequestration operations that ensure 
                        the protection of human health and the 
                        environment.
          [(3) Large-scale carbon dioxide sequestration 
        testing.--
                  [(A) In general.--The Secretary shall conduct 
                not less than 7 initial large-scale 
                sequestration tests, not including the 
                FutureGen project, for geologic containment of 
                carbon dioxide to collect and validate 
                information on the cost and feasibility of 
                commercial deployment of technologies for 
                geologic containment of carbon dioxide. These 7 
                tests may include any Regional Partnership 
                projects awarded as of the date of enactment of 
                the Department of Energy Carbon Capture and 
                Sequestration Research, Development, and 
                Demonstration Act of 2007.
                  [(B) Diversity of formations to be studied.--
                In selecting formations for study under this 
                paragraph, the Secretary shall consider a 
                variety of geologic formations across the 
                United States, and require characterization and 
                modeling of candidate formations, as determined 
                by the Secretary.
                  [(C) Source of carbon dioxide for large-scale 
                sequestration tests.--In the process of any 
                acquisition of carbon dioxide for sequestration 
                tests under subparagraph (A), the Secretary 
                shall give preference to sources of carbon 
                dioxide from industrial sources. To the extent 
                feasible, the Secretary shall prefer tests that 
                would facilitate the creation of an integrated 
                system of capture, transportation and 
                sequestration of carbon dioxide. The preference 
                provided for under this subparagraph shall not 
                delay the implementation of the large-scale 
                sequestration tests under this paragraph.
                  [(D) Definition.--For purposes of this 
                paragraph, the term ``large-scale'' means the 
                injection of more than 1,000,000 tons of carbon 
                dioxide from industrial sources annually or a 
                scale that demonstrates the ability to inject 
                and sequester several million metric tons of 
                industrial source carbon dioxide for a large 
                number of years.
          [(4) Preference in project selection from meritorious 
        proposals.--In making competitive awards under this 
        subsection, subject to the requirements of section 989, 
        the Secretary shall--
                  [(A) give preference to proposals from 
                partnerships among industrial, academic, and 
                government entities; and
                  [(B) require recipients to provide assurances 
                that all laborers and mechanics employed by 
                contractors and subcontractors in the 
                construction, repair, or alteration of new or 
                existing facilities performed in order to carry 
                out a demonstration or commercial application 
                activity authorized under this subsection shall 
                be paid wages at rates not less than those 
                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, and 
                the Secretary of Labor shall, with respect to 
                the labor standards in this paragraph, have the 
                authority and functions set forth in 
                Reorganization Plan Numbered 14 of 1950 (15 
                Fed. Reg. 3176; 5 U.S.C. Appendix) and section 
                3145 of title 40, United States Code.
          [(5) Cost sharing.--Activities under this subsection 
        shall be considered research and development activities 
        that are subject to the cost sharing requirements of 
        section 988(b).
          [(6) Program review and report.--During fiscal year 
        2011, the Secretary shall--
                  [(A) conduct a review of programmatic 
                activities carried out under this subsection; 
                and
                  [(B) make recommendations with respect to 
                continuation of the activities.
    [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [(1) $240,000,000 for fiscal year 2008;
          [(2) $240,000,000 for fiscal year 2009;
          [(3) $240,000,000 for fiscal year 2010;
          [(4) $240,000,000 for fiscal year 2011; and
          [(5) $240,000,000 for fiscal year 2012.]

           *       *       *       *       *       *       *


SEC. 971. SCIENCE.

    (a) In General.--The Secretary shall conduct, through the 
Office of Science, programs of research, development, 
demonstration, and commercial application in high energy 
physics, nuclear physics, biological and environmental 
research, basic energy sciences, advanced scientific computing 
research, and fusion energy sciences, including activities 
described in this subtitle. The programs shall include support 
for facilities and infrastructure, education, outreach, 
information, analysis, and coordination activities.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out research, 
development, demonstration, and commercial application 
activities of the Office of Science, including activities 
authorized under this subtitle (including the amounts 
authorized under the amendment made by section 976(b) and 
including basic energy sciences, advanced scientific and 
computing research, biological and environmental research, 
fusion energy sciences, high energy physics, nuclear physics, 
research analysis, and infrastructure support)--
          (1) $4,153,000,000 for fiscal year 2007;
          (2) $4,586,000,000 for fiscal year 2008;
          (3) $5,200,000,000 for fiscal year 2009;
          (4) $5,814,000,000 for fiscal year 2010;
          (5) $5,247,000,000 for fiscal year 2011;
          (6) $5,614,000,000 for fiscal year 2012; [and]
          (7) $6,007,000,000 for fiscal year 2013[.];
          (8) $5,271,000,000 for fiscal year 2016;
          (9) $5,485,000,000 for fiscal year 2017;
          (10) $5,704,000,000 for fiscal year 2018;
          (11) $5,932,000,000 for fiscal year 2019; and
          (12) $6,178,000,000 for fiscal year 2020.
    (c) Allocations.--From amounts authorized under subsection 
(b), the following sums are authorized:
          (1) For activities under the Fusion Energy Sciences 
        program (including activities under section 972)--
                  (A) $355,500,000 for fiscal year 2007;
                  (B) $369,500,000 for fiscal year 2008;
                  (C) $384,800,000 for fiscal year 2009; and
                  (D) in addition to the amounts authorized 
                under subparagraphs (A), (B), and (C), such 
                sums as may be necessary for ITER construction, 
                consistent with the limitations of section 
                972(c)(5).
          (2) For activities under the catalysis research 
        program under section 973--
                  (A) $36,500,000 for fiscal year 2007;
                  (B) $38,200,000 for fiscal year 2008; and
                  (C) such sums as may be necessary for fiscal 
                year 2009.
          (3) For activities under the Systems Biology Program 
        under section 977 such sums as may be necessary for 
        each of fiscal years 2007 through 2009.
          (4) For activities under the Energy and Water 
        Supplies program under section 979, $30,000,000 for 
        each of fiscal years 2007 through 2009.
          (5) For the energy research fellowships programs 
        under section 984, $40,000,000 for each of fiscal years 
        2007 through 2009.
          (6) For the advanced scientific computing activities 
        under section 976--
                  (A) $270,000,000 for fiscal year 2007;
                  (B) $350,000,000 for fiscal year 2008; and
                  (C) $375,000,000 for fiscal year 2009.
          (7) For the science and engineering education pilot 
        program under section 983--
                  (A) $4,000,000 for each of fiscal years 2007 
                and 2008; and
                  (B) $8,000,000 for fiscal year 2009.
          (8) For the Department of Energy early career awards 
        for science, engineering, and mathematics researchers 
        program under section 5006 of the America COMPETES Act 
        (42 U.S.C. 16534) and the distinguished scientist 
        program under section 5011 of that Act (42 U.S.C. 
        16537), $150,000,000 for each of fiscal years 2016 
        through 2020, of which not more than 65 percent of the 
        amount made available for a fiscal year under this 
        paragraph may be used to carry out section 5006 or 5011 
        of that Act.
    (d) Integrated Bioenergy Research and Development.--In 
addition to amounts otherwise authorized by this section, there 
are authorized to be appropriated to the Secretary for 
integrated bioenergy research and development programs, 
projects, and activities, $49,000,000 for each of the fiscal 
years 2005 through 2009. Activities funded under this 
subsection shall be coordinated with ongoing related programs 
of other Federal agencies, including the Plant Genome Program 
of the National Science Foundation. Of the funds authorized 
under this subsection, at least $5,000,000 for each fiscal year 
shall be for training and education targeted to minority and 
socially disadvantaged farmers and ranchers.

           *       *       *       *       *       *       *


SEC. 976. ADVANCED SCIENTIFIC COMPUTING FOR ENERGY MISSIONS.

    (a) Program.--
          (1) In general.--The Secretary shall conduct an 
        advanced scientific computing research and development 
        program that includes activities related to applied 
        mathematics and activities authorized by the 
        [Department of Energy High-End Computing Revitalization 
        Act of 2004] Exascale Computing Act of 2015 (15 U.S.C. 
        5541 et seq.).

           *       *       *       *       *       *       *


SEC. 1001. IMPROVED TECHNOLOGY TRANSFER OF ENERGY TECHNOLOGIES.

    (a) Technology Transfer Coordinator.--The Secretary shall 
appoint a Technology Transfer Coordinator to be the principal 
advisor to the Secretary on all matters relating to technology 
transfer and commercialization.
    (b) Qualifications.--The Coordinator shall be an individual 
who, by reason of professional background and experience, is 
specially qualified to advise the Secretary on matters 
pertaining to technology transfer at the Department.
    (c) Duties of the Coordinator.--The Coordinator shall 
oversee--
          (1) the activities of the Technology Transfer Working 
        Group established under subsection (d);
          (2) the expenditure of funds allocated for technology 
        transfer within the Department;
          (3) the activities of each technology partnership 
        ombudsman appointed under section 11 of the Technology 
        Transfer Commercialization Act of 2000 (42 U.S.C. 
        7261c); and
          (4) efforts to engage private sector entities, 
        including venture capital companies.
    (d) Technology Transfer Working Group.--The Secretary shall 
establish a Technology Transfer Working Group, which shall 
consist of representatives of the National Laboratories and 
single-purpose research facilities, to--
          (1) coordinate technology transfer activities 
        occurring at National Laboratories and single-purpose 
        research facilities;
          (2) exchange information about technology transfer 
        practices, including alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters; and
          (3) develop and disseminate to the public and 
        prospective technology partners information about 
        opportunities and procedures for technology transfer 
        with the Department, including opportunities and 
        procedures related to alternative approaches to 
        resolution of disputes involving intellectual property 
        rights and other technology transfer matters.
    (e) Technology Commercialization Fund.--The Secretary shall 
establish an Energy Technology Commercialization Fund, using 
0.9 percent of the amount made available to the Department for 
applied energy research, development, demonstration, and 
commercial application for each fiscal year based on future 
planned activities and the amount of the appropriations for the 
fiscal year, to be used to provide matching funds with private 
partners to promote promising energy technologies for 
commercial purposes.
    (f) Technology Transfer Responsibility.--Nothing in this 
section affects the technology transfer responsibilities of 
Federal employees under the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
    (g) Early Stage Technology Demonstration.--The Secretary 
shall permit the directors of the National Laboratories to use 
funds authorized to support technology transfer within the 
Department to carry out early stage and precommercial 
technology demonstration activities to remove technology 
barriers that limit private sector interest and demonstrate 
potential commercial applications of any research and 
technologies arising from National Laboratory activities.
    [(g)](h) Planning and Reporting.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall 
        submit to Congress a technology transfer execution 
        plan.
          (2) Updates.--Each year after the submission of the 
        plan under paragraph (1), the Secretary shall submit to 
        Congress an updated execution plan and reports that 
        describe progress toward meeting goals set forth in the 
        execution plan and the funds expended under subsection 
        (e).

           *       *       *       *       *       *       *


SEC. 1008. PRIZES FOR ACHIEVEMENT IN GRAND CHALLENGES OF SCIENCE AND 
                    TECHNOLOGY.

           *       *       *       *       *       *       *


    (g) E-Prize Competition Pilot Program.--
          (1) Definitions.--In this section:
                  (A) Eligible entity.--The term eligible 
                ``entity'' means--
                          (i) a private sector for-profit or 
                        nonprofit entity;
                          (ii) a public-private partnership; or
                          (iii) a local, municipal, or tribal 
                        governmental entity.
                  (B) High-cost region.--The term ``high-cost 
                region'' means a region in which the average 
                annual unsubsidized costs of electrical power 
                retail rates or household space heating costs 
                per square foot exceed 150 percent of the 
                national average, as determined by the 
                Secretary.
          (2) E-prize competition pilot program.--
                  (A) In general.--The Secretary shall 
                establish an e-prize competition or challenge 
                pilot program to broadly implement sustainable 
                community and regional energy solutions that 
                seek to reduce energy costs through increased 
                efficiency, conservation, and technology 
                innovation in high-cost regions.
                  (B) Selection.--In carrying out the pilot 
                program under subparagraph (A), the Secretary 
                shall award a prize purse, in amounts to be 
                determined by the Secretary, to each eligible 
                entity selected through 1 or more of the 
                following competitions or challenges:
                          (i) A point solution competition that 
                        rewards and spurs the development of 
                        solutions for a particular, well-
                        defined problem.
                          (ii) An exposition competition that 
                        helps identify and promote a broad 
                        range of ideas and practices that may 
                        not otherwise attract attention, 
                        facilitating further development of the 
                        idea or practice by third parties.
                          (iii) A participation competition 
                        that creates value during and after the 
                        competition by encouraging contestants 
                        to change their behavior or develop new 
                        skills that may have beneficial effects 
                        during and after the competition.
                          (iv) Such other types of prizes or 
                        challenges as the Secretary, in 
                        consultation with relevant heads of 
                        Federal agencies, considers appropriate 
                        to stimulate innovation that has the 
                        potential to advance the mission of the 
                        applicable Federal agency.
          (3) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $10,000,000, to remain available until 
        expended.

           *       *       *       *       *       *       *


SEC. 1701. DEFINITIONS.

    In this title:

           *       *       *       *       *       *       *

          (6) State.--The term ``State'' has the meaning given 
        the term in section 202 of the Energy Conservation and 
        Production Act (42 U.S.C. 6802).
          (7) State energy financing institution.--
                  (A) In general.--The term ``State energy 
                financing institution'' means a quasi-
                independent entity or an entity within a State 
                agency or financing authority established by a 
                State--
                          (i) to provide financing support or 
                        credit enhancements, including loan 
                        guarantees and loan loss reserves, for 
                        eligible projects; and
                          (ii) to create liquid markets for 
                        eligible projects, including 
                        warehousing and securitization, or take 
                        other steps to reduce financial 
                        barriers to the deployment of existing 
                        and new eligible projects.
                  (B) Inclusion.--The term ``State energy 
                financing institution'' includes an entity or 
                organization established to achieve the 
                purposes described in clauses (i) and (ii) of 
                subparagraph (A) by an Indian tribal entity or 
                an Alaska Native Corporation.

           *       *       *       *       *       *       *


SEC. 1702. TERMS AND CONDITIONS.

    (a) In General.--Except for division C of Public Law 108-
324, the Secretary shall make guarantees under this or any 
other Act for projects or to a State energy financing 
institution on such terms and conditions as the Secretary 
determines, after consultation with the Secretary of the 
Treasury, only in accordance with this section.
    (b) Specific Appropriation or Contribution.--
          [(1) In general.--No guarantee] Subject to subsection 
        (l), no guarantee shall be made unless--
                  [(A)](1) an appropriation for the cost of the 
                guarantee has been made;
                  [(B)](2) the Secretary has received from the 
                borrower a payment in full for the cost of the 
                guarantee and deposited the payment into the 
                Treasury; or
                  [(C)](3) a combination of one or more 
                appropriations under [subparagraph (A)] 
                paragraph (1) and one or more payments from the 
                borrower under [subparagraph (B)] paragraph (2) 
                has been made that is sufficient to cover the 
                cost of the guarantee.

           *       *       *       *       *       *       *

    (d) Repayment.--
          (1) In general.--No guarantee shall be made unless 
        the Secretary determines that there is reasonable 
        prospect of repayment of the principal and interest on 
        the obligation by the borrower.
          (2) Amount.--No guarantee shall be made unless the 
        Secretary determines that the amount of the obligation 
        (when combined with amounts available to the borrower 
        from other sources) will be sufficient to carry out the 
        project.
          (3) Subordination.--The obligation shall be subject 
        to the condition that the obligation [is not 
        subordinate] (including any reorganization, 
        restructuring, or termination of the obligation) shall 
        not at any time be subordinate to other financing.

           *       *       *       *       *       *       *

    (l) Borrower Payment of Subsidy Cost.--
          (1) In general.--In addition to the requirement in 
        subsection (b)(1), no guarantee shall be made unless 
        the Secretary has received from the borrower not less 
        than 25 percent of the cost of the guarantee.
          (2) Estimate.--The Secretary shall provide to the 
        borrower, as soon as practicable, an estimate or range 
        of the cost of the guarantee under paragraph (1).
    (m) State Energy Financing Institutions.--
          (1) Eligibility.--To be eligible for a guarantee 
        under this title, a State energy financing 
        institution--
                  (A) shall meet the requirements of section 
                1703(a)(1); and
                  (B) shall not be required to meet the 
                requirements of section 1703(a)(2).
          (2) Partnerships authorized.--In carrying out a 
        project receiving a loan guarantee under this title, 
        State energy financing institutions may enter into 
        partnerships with private entities, tribal entities, 
        and Alaska Native corporations.

           *       *       *       *       *       *       *


SEC. 1703. ELIGIBLE PRIZES.

           *       *       *       *       *       *       *


    (b) Categories.--Projects from the following categories 
shall be eligible for a guarantee under this section:
          (1) Renewable energy systems (excluding the burning 
        of commonly recycled paper that has been segregated 
        from solid waste to generate electricity).

           *       *       *       *       *       *       *

    (f) Loan Status.--
          (1) Request.--If the Secretary does not make a final 
        decision on an application for a loan guarantee under 
        this section by the date that is 270 days after receipt 
        of the application by the Secretary, on that date and 
        every 90 days thereafter until the final decision is 
        made, the applicant may request that the Secretary 
        provide to the applicant a description of the status of 
        the application.
          (2) Response.--Not later than 10 days after receiving 
        a request from an applicant under paragraph (1), the 
        Secretary shall provide to the applicant a response 
        that includes--
                  (A) a summary of any factors that are 
                delaying a final decision on the application; 
                and
                  (B) an estimate of when review of the 
                application will be completed.

           *       *       *       *       *       *       *


[SEC. 1705. TEMPORARY PROGRAM FOR RAPID DEPLOYMENT OF RENEWABLE ENERGY 
                    AND ELECTRIC POWER TRANSMISSION PROJECTS.

    [(a) In General.--Notwithstanding section 1703, the 
Secretary may make guarantees under this section only for the 
following categories of projects that commence construction not 
later than September 30, 2011:
          [(1) Renewable energy systems, including incremental 
        hydropower, that generate electricity or thermal 
        energy, and facilities that manufacture related 
        components.
          [(2) Electric power transmission systems, including 
        upgrading and reconductoring projects.
          [(3) Leading edge biofuel projects that will use 
        technologies performing at the pilot or demonstration 
        scale that the Secretary determines are likely to 
        become commercial technologies and will produce 
        transportation fuels that substantially reduce life-
        cycle greenhouse gas emissions compared to other 
        transportation fuels.
    [(b) Factors Relating to Electric Power Transmission 
Systems.--In determining to make guarantees to projects 
described in subsection (a)(2), the Secretary may consider the 
following factors:
          [(1) The viability of the project without guarantees.
          [(2) The availability of other Federal and State 
        incentives.
          [(3) The importance of the project in meeting 
        reliability needs.
          [(4) The effect of the project in meeting a State or 
        region's environment (including climate change) and 
        energy goals.
    [(c) Wage Rate Requirements.--The Secretary shall require 
that each recipient of support under this section provide 
reasonable assurance that all laborers and mechanics employed 
in the performance of the project for which the assistance is 
provided, including those employed by contractors or 
subcontractors, will be paid wages at rates not less than those 
prevailing on similar work in the locality as determined by the 
Secretary of Labor in accordance with subchapter IV of chapter 
31 of part A of subtitle II of title 40, United States Code 
(commonly referred to as the ``Davis-Bacon Act'').
    [(d) Limitation.--Funding under this section for projects 
described in subsection (a)(3) shall not exceed $500,000,000.
    [(e) Sunset.--The authority to enter into guarantees under 
this section shall expire on September 30, 2011.]

           *       *       *       *       *       *       *


SEC. 1841. NET ENERGY METERING STUDY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall--
          (1) issue guidance on criteria required to be 
        included in studies of net metering conducted by the 
        Department; and
          (2) undertake a study of net energy metering.
    (b) Requirements and Contents.--The model guidance issued 
under subsection (a) shall clarify without prejudice to other 
study criteria that any study of net energy metering, including 
the study conducted by the Department under subsection (a) 
shall--
          (1) be publicly available; and
          (2) assess benefits and costs of net energy metering, 
        including--
                  (A) load data, including hourly profiles;
                  (B) distributed generation production data;
                  (C) best available technology, including 
                inverter capability; and
                  (D) benefits and costs of distributed energy 
                deployment, including--
                          (i) environmental benefits;
                          (ii) changes in electric system 
                        reliability;
                          (iii) changes in peak power 
                        requirements;
                          (iv) provision of ancillary services, 
                        including reactive power;
                          (v) changes in power quality;
                          (vi) changes in land-use effects;
                          (vii) changes in right-of-way 
                        acquisition costs;
                          (viii) changes in vulnerability to 
                        terrorism; and
                          (ix) changes in infrastructure 
                        resilience.

           *       *       *       *       *       *       *

                              ----------                               


                       ENERGY POLICY ACT OF 1992

Public Law 102-486, as amended

           *       *       *       *       *       *       *



                           TABLE OF CONTENTS 

     * * * * * * *

                       TITLE I--ENERGY EFFICIENCY 

     * * * * * * *

              Subtitle F--Federal Agency Energy Management

Sec. 151. Definitions.
Sec. 152. Federal energy management amendments.
Sec. 153. General Services Administration Federal Buildings Fund.
[Sec. 154. Report by General Services Administration.]
Sec. 155. Energy savings performance contracts.
[Sec. 156. Intergovernmental energy management planning and 
          coordination.]
Sec. 157. Federal agency energy management training.
Sec. 158. Energy audit teams.
Sec. 159. Federal energy cost accounting and management.
Sec. 160. Inspector General review and agency accountability.
[Sec. 161. Procurement and identification of energy efficient products.]
Sec. 162. Federal energy efficiency funding study.
Sec. 163. United States Postal Service energy regulations.
Sec. 164. United States Postal Service building energy survey and 
          report.
Sec. 165. United States Postal Service energy management report.
Sec. 166. Energy management requirements for the United States Postal 
          Service.
Sec. 167. Government contract incentives.
Sec. 168. Energy management requirements for congressional buildings.

           *       *       *       *       *       *       *


[SEC. 131. ENERGY EFFICIENCY IN INDUSTRIAL FACILITIES.

    [(a) Grant Program.--
          [(1) In general.--The Secretary shall make grants to 
        industry associations to support programs to improve 
        energy efficiency in industry. In order to be eligible 
        for a grant under this subsection, an industry 
        association shall establish a voluntary energy 
        efficiency improvement target program.
          [(2) Awarding of Grants.--The Secretary shall request 
        project proposals and provide annual grants on a 
        competitive basis. In evaluating grant proposals under 
        this subsection, the Secretary shall consider--
                  [(A) potential energy savings;
                  [(B) potential environmental benefits;
                  [(C) the degree of cost sharing;
                  [(D) the degree to which new and innovative 
                technologies will be encouraged;
                  [(E) the level of industry involvement;
                  [(F) estimated project cost-effectiveness; 
                and
                  [(G) the degree to which progress toward the 
                energy improvement targets can be monitored.
          [(3) Eligible projects.--Projects eligible for grants 
        under this subsection may include the following:
                  [(A) Workshops.
                  [(B) Training seminars.
                  [(C) Handbooks.
                  [(D) Newsletters.
                  [(E) Data bases.
                  [(F) Other activities approved by the 
                Secretary.
          [(4) Limitation on cost sharing.--Grants provided 
        under this subsection shall not exceed $250,000 and 
        each grant shall not exceed 75 percent of the total 
        cost of the project for which the grant is made.
          [(5) Authorization.--There are authorized to be 
        appropriated such sums as are necessary to carry out 
        this subsection.
    [(b) Award Program.--The Secretary shall establish an 
annual award program to recognize those industry associations 
or individual industrial companies that have significantly 
improved their energy efficiency.
    [(c) Report on Industrial Reporting and Voluntary 
Targets.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall, in consultation 
with affected industries, evaluate and report to the Congress 
regarding the establishment of Federally mandated energy 
efficiency reporting requirements and voluntary energy 
efficiency improvement targets for energy intensive industries. 
Such report shall include an evaluation of the costs and 
benefits of such reporting requirements and voluntary energy 
efficiency improvement targets, and recommendations regarding 
the role of such activities in improving energy efficiency in 
energy intensive industries.]

[SEC. 132. PROCESS-ORIENTED INDUSTRIAL ENERGY EFFICIENCY.

    [(a) Definitions.--For the purposes of this section--
          [(1) the term ``covered industry'' means the food and 
        food products industry, lumber and wood products 
        industry, petroleum and coal products industry, and all 
        other manufacturing industries specified in Standard 
        Industrial Classification Codes 20 through 39 (or 
        successor classification codes);
          [(2) the term ``process-oriented industrial 
        assessment'' means--
                  [(A) the identification of opportunities in 
                the production process (from the introduction 
                of materials to final packaging of the product 
                for shipping) for--
                                  [(i) improving energy 
                                efficiency;
                                  [(ii) reducing environmental 
                                impact; and
                                  [(iii) designing 
                                technological improvements to 
                                increase competitiveness and 
                                achieve cost-effective product 
                                quality enhancement;
                  [(B) the identification of opportunities for 
                improving the energy efficiency of lighting, 
                heating, ventilation, air conditioning, and the 
                associated building envelope; and
                  [(C) the identification of cost-effective 
                opportunities for using renewable energy 
                technology in the production process and in the 
                systems described in subparagraph (B); and
          [(3) the term ``utility'' means any person, State 
        agency (including any municipality), or Federal agency, 
        which sells electric or gas energy to retail customers.
    [(b) Grant Program.--
          [(1) Use of funds.--The Secretary shall, to the 
        extent funds are made available for such purpose, make 
        grants to States which, consistent with State law, 
        shall be used for the following purposes:
                  [(A) To promote, through appropriate 
                institutions such as universities, nonprofit 
                organizations, State and local government 
                entities, technical centers, utilities, and 
                trade organizations, the use of energy-
                efficient technologies in covered industries.
                  [(B) To establish programs to train 
                individuals (on an industry-by-industry basis) 
                in conducting process-oriented industrial 
                assessments and to encourage the use of such 
                trained assessors.
                  [(C) To assist utilities in developing, 
                testing, and evaluating energy efficiency 
                programs and technologies for industrial 
                customers in covered industries.
          [(2) Consultation.--States receiving grants under 
        this subsection shall consult with utilities and 
        representatives of affected industries, as appropriate, 
        in determining the most effective use of such funds 
        consistent with the requirements of paragraph (1).
          [(3) Eligibility criteria.--Not later than 1 year 
        after the date of the enactment of this Act, the 
        Secretary shall establish eligibility criteria for 
        grants made pursuant to this subsection. Such criteria 
        shall require a State applying for a grant to 
        demonstrate that such State--
                  [(A) pursuant to section 111(a) of the Public 
                Utility and Regulatory Policies Act of 1978 (16 
                U.S.C. 2621(a)), has considered and made a 
                determination regarding the implementation of 
                the standards specified in paragraphs (7) and 
                (8) of section 111(d) of such Act (with respect 
                to integrated resources planning and 
                investments in conservation and demand 
                management); and
                  [(B) by legislation or regulation--
                          [(i) allows utilities to recover the 
                        costs prudently incurred in providing 
                        process-oriented industrial 
                        assessments; and
                          [(ii) encourages utilities to provide 
                        to covered industries--
                                  [(I) process-oriented 
                                industrial assessments; and
                                  [(II) financial incentives 
                                for implementing energy 
                                efficiency improvements.
          [(4) Allocation of funds.--Grants made pursuant to 
        this subsection shall be allocated each fiscal year 
        among States meeting the criteria specified in 
        paragraph (3) who have submitted applications 60 days 
        before the first day of such fiscal year. Such 
        allocation shall be made in accordance with a formula 
        to be prescribed by the Secretary based on each State's 
        share of value added in industry (as determined by the 
        Census of Manufacturers) as a percentage of the value 
        added by all such States.
          [(5) Renewal of grants.--A grant under this 
        subsection may continue to be renewed after 2 
        consecutive fiscal years during which a State receives 
        a grant under this subsection, subject to the 
        availability of funds, if--
                  [(A) the Secretary determines that the funds 
                made available to the State during the previous 
                2 years were used in a manner required under 
                paragraph (1); and
                  [(B) such State demonstrates, in a manner 
                prescribed by the Secretary, utility 
                participation in programs established pursuant 
                to this subsection.
          [(6) Coordination with other federal programs.--In 
        carrying out the functions described in paragraph (1), 
        States shall, to the extent practicable, coordinate 
        such functions with activities and programs conducted 
        by the Energy Analysis and Diagnostic Centers of the 
        Department of Energy and the Manufacturing Technology 
        Centers of the National Institute of Standards and 
        Technology.
    [(c) Other Federal Assistance.--
          [(1) Assessment criteria.--Not later than 2 years 
        after the date of the enactment of this Act, the 
        Secretary shall, by contract with nonprofit 
        organizations with expertise in process-oriented 
        industrial energy efficiency technologies, establish 
        and, as appropriate, update criteria for conducting 
        process-oriented industrial assessments on an industry-
        by-industry basis. Such criteria shall be made 
        available to State and local government, public utility 
        commissions, utilities, representatives of affected 
        process-oriented industries, and other interested 
        parties.
          [(2) Directory.--The Secretary shall establish a 
        nationwide directory of organizations offering 
        industrial energy efficiency assessments, technologies, 
        and services consistent with the purposes of this 
        section. Such directory shall be made available to 
        State governments, public utility commissions, 
        utilities, industry representatives, and other 
        interested parties.
          [(3) Award program.--The Secretary shall establish an 
        annual award program to recognize utilities operating 
        outstanding or innovative industrial energy efficiency 
        technology assistance programs.
          [(4) Meetings.--In order to further the purposes of 
        this section, the Secretary shall convene annual 
        meetings of parties interested in process-oriented 
        industrial assessments, including representatives of 
        State government, public utility commissions, 
        utilities, and affected process-oriented industries.
    [(d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
the purposes of this section.]

[SEC. 133. INDUSTRIAL INSULATION AND AUDIT GUIDELINES.

    [(a) Voluntary Guidelines for Energy Efficiency Auditing 
and Insulating.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary, after consultation with 
utilities, major industrial energy consumers, and 
representatives of the insulation industry, shall establish 
voluntary guidelines for--
          [(1) the conduct of energy efficiency audits of 
        industrial facilities to identify cost-effective 
        opportunities to increase energy efficiency; and
          [(2) the installation of insulation to achieve cost-
        effective increases in energy efficiency in industrial 
        facilities.
    [(b) Educational and Technical Assistance.--The Secretary 
shall conduct a program of educational and technical assistance 
to promote the use of the voluntary guidelines established 
under subsection (a).]

           *       *       *       *       *       *       *


[SEC. 154. REPORT BY GENERAL SERVICES ADMINISTRATION.

    [Not later than one year after the date of the enactment of 
this Act, and annually thereafter, the Administrator of General 
Services shall report to the Committee on Governmental Affairs 
and the Committee on Energy and Natural Resources of the Senate 
and the Committee on Energy and Commerce, the Committee on 
Government Operations, and the Committee on Public Works and 
Transportation of the House of Representatives on the 
activities of the General Services Administration conducted 
pursuant to this subtitle.]

           *       *       *       *       *       *       *


[SEC. 156. INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND 
                    COORDINATION.

    [(a) Conference Workshops.--The Administrator of General 
Services, in consultation with the Secretary and the Task 
Force, shall hold regular, biennial conference workshops in 
each of the 10 standard Federal regions on energy management, 
conservation, efficiency, and planning strategy. The 
Administrator shall work and consult with the Department of 
Energy and other Federal agencies to plan for particular 
regional conferences. The Administrator shall invite Department 
of Energy, State, local, tribal, and county public officials 
who have responsibilities for energy management or may have an 
interest in such conferences and shall seek the input of, and 
be responsive to, the views of such officials in the planning 
and organization of such workshops.
    [(b) Focus of Workshops.--Such workshops and conferences 
shall focus on the following (but may include other topics):
          [(1) Developing strategies among Federal, State, 
        tribal, and local governments to coordinate energy 
        management policies and to maximize available 
        intergovernmental energy management resources within 
        the region regarding the use of governmental facilities 
        and buildings.
          [(2) The design, construction, maintenance, and 
        retrofitting of governmental facilities to incorporate 
        energy efficient techniques.
          [(3) Procurement and use of energy efficient 
        products.
          [(4) Dissemination of energy information on 
        innovative programs, technologies, and methods which 
        have proven successful in government.
          [(5) Technical assistance to design and incorporate 
        effective energy management strategies.
    [(c) Establishment of Workshop Timetable.--As a part of the 
first report to be submitted pursuant to section 154, the 
Administrator shall set forth the schedule for the regional 
energy management workshops to be conducted under this section. 
Not less than five such workshops shall be held by September 
30, 1993, and at least one such workshop shall be held in each 
of the 10 Federal regions every two years beginning on 
September 30, 1993.]

           *       *       *       *       *       *       *


SEC. 159. FEDERAL ENERGY COST ACCOUNTING AND MANAGEMENT.

    (a) Guidelines.--Not later than 120 days after the date of 
the enactment of this Act, the Director of the Office of 
Management and Budget, in cooperation with the Secretary, the 
Administrator of General Services, and the Secretary of 
Defense, shall establish guidelines to be employed by each 
Federal agency to assess accurate energy consumption for all 
buildings or facilities which the agency owns, operates, 
manages or leases, where the Government pays utilities separate 
from the lease and the Government operates the leased space. 
Such guidelines are to be used in reports required under 
section 548 of the National Energy Conservation Policy Act (42 
U.S.C. 8258). Each agency shall implement such guidelines no 
later than 120 days after their establishment. Each facility 
energy manager shall maintain energy consumption and energy 
cost records for review by the Inspector General, the Congress, 
and the general public.
    (b) Contents Of Guidelines.--Such guidelines shall include 
the establishment of a monitoring system to determine--
          (1) which facilities are the most costly to operate 
        when measured on an energy consumption per square foot 
        basis or other relevant analytical basis;
          (2) unusual or abnormal changes in energy 
        consumption; and
          (3) the accuracy of utility charges for electric and 
        gas consumption.
    [(c) Federally Leased Space Energy Reporting Requirement.--
The Administrator of General Services shall include, in each 
report submitted under section 154, the estimated energy cost 
of leased buildings or space in which the Federal Government 
does not directly pay the utility bills.]

SEC. 160. INSPECTOR GENERAL REVIEW AND AGENCY ACCOUNTABILITY.

    [(a) Audit Survey.--Not later than 120 days after the date 
of the enactment of this Act, each Inspector General created to 
conduct and supervise audits and investigations relating to the 
programs and operations of the establishments listed in section 
11(2) of the Inspector General Act of 1978 (5 U.S.C. App.), and 
the Chief Postal Inspector of the United States Postal Service, 
in accordance with section 8E(f)(1) as established by section 
8E(a)(2) of the Inspector General Act Amendments of 1988 
(Public Law 100-504) shall--
          [(1) identify agency compliance activities to meet 
        the requirements of section 543 of the National Energy 
        Conservation Policy Act (42 U.S.C. 8253) and any other 
        matters relevant to implementing the goals of such Act; 
        and
          [(2) determine if the agency has the internal 
        accounting mechanisms necessary to assess the accuracy 
        and reliability of energy consumption and energy cost 
        figures required under such section.
    [(b) Presidents Council on Integrity and Efficiency Report 
to Congress.--Not later than 150 days after the date of the 
enactment of this Act, the President's Council on Integrity and 
Efficiency shall submit a report to the Committee on Energy and 
Natural Resources and the Committee on Governmental Affairs of 
the Senate, the Committee on Energy and Commerce, the Committee 
on Government Operations, and the Committee on Public Works and 
Transportation of the House of Representatives, on the review 
conducted by the Inspector General of each agency under this 
section.]
    (c) Inspector General Review.--Each Inspector General 
established under section 2 of the Inspector General Act of 
1978 (5 U.S.C. App.) is encouraged to conduct periodic reviews 
of agency compliance with part 3 of title V of the National 
Energy Conservation Policy Act, the provisions of this 
subtitle, and other laws relating to energy consumption. Such 
reviews shall not be inconsistent with the performance of the 
required duties of the Inspector General's office.

[SEC. 161. PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT PRODUCTS.

    [(a) Procurement.--The Administrator of General Services, 
the Secretary of Defense, and the Director of the Defense 
Logistics Agency, each shall undertake a program to include 
energy efficient products in carrying out their procurement and 
supply functions.
    [(b) Identification Program.--The Administrator of General 
Services, the Secretary of Defense, and the Director of the 
Defense Logistics Agency, in consultation with the Secretary of 
Energy, each shall implement, in conjunction with carrying out 
their procurement and supply functions, a program to identify 
and designate those energy efficient products that offer 
significant potential savings, using, to the extent 
practicable, the life cycle cost methods and procedures 
developed under section 544 of the National Energy Conservation 
Policy Act (42 U.S.C. 8254). The Secretary of Energy shall, to 
the extent necessary to carry out this section and after 
consultation with the aforementioned agency heads, provide 
estimates of the degree of relative energy efficiency of 
products.
    [(c) Guidelines.--The Administrator for Federal Procurement 
Policy, in consultation with the Administrator of General 
Services, the Secretary of Energy, the Secretary of Defense, 
and the Director of the Defense Logistics Agency, shall issue 
guidelines to encourage the acquisition and use by all Federal 
agencies of products identified pursuant to this section. The 
Secretary of Defense and the Director of the Defense Logistics 
Agency shall consider, and place emphasis on, the acquisition 
of such products as part of the Agency's ongoing review of 
military specifications.
    [(d) Report to Congress.--Not later than December 31 of 
1993 and of each year thereafter, the Secretary of Energy, in 
consultation with the Administrator for Federal Procurement 
Policy, the Administrator of General Services, the Secretary of 
Defense, and the Director of the Defense Logistics Agency, 
shall report on the progress, status, activities, and results 
of the programs under subsections (a), (b), and (c). The report 
shall include--
          [(1) the types and functions of each product 
        identified under subsection (b), and efforts undertaken 
        by the Administrator of General Services, the Secretary 
        of Defense, and the Director of the Defense Logistics 
        Agency to encourage the acquisition and use of such 
        products;
          [(2) the actions taken by the Administrator of 
        General Services, the Secretary of Defense, and the 
        Director of the Defense Logistics Agency to identify 
        products under subsection (b), the barriers which 
        inhibit implementation of identification of such 
        products, and recommendations for legislative action, 
        if necessary;
          [(3) progress on the development and issuance of 
        guidelines under subsection (c);
          [(4) an indication of whether energy cost savings 
        technologies identified by the Advanced Building 
        Technology Council, under section 809(h) of the 
        National Housing Act (12 U.S.C. 1701j-2), have been 
        used in the identification of products under subsection 
        (b);
          [(5) an estimate of the potential cost savings to the 
        Federal Government from acquiring products identified 
        under subsection (b) with respect to which energy is a 
        significant component of life cycle cost, based on the 
        quantities of such products that could be utilized 
        throughout the Government; and
          [(6) the actual quantities acquired of products 
        described in paragraph (5).]

           *       *       *       *       *       *       *


SEC. 2101. GENERAL IMPROVED ENERGY EFFICIENCY.

    (a) Program Direction.--The Secretary shall conduct a 5-
year program, in accordance with sections 3001 and 3002 of this 
Act, on cost effective technologies to improve energy 
efficiency and increase the use of renewable energy in the 
buildings, industrial, and utility sectors. Such program shall 
include a broad range of technological approaches, and shall 
include field demonstrations of sufficient scale and number to 
prove technical and economic viability to meet the goals stated 
in section 2001. Such program shall include the activities 
required under [sections 2102, 2103, 2104, 2105, 2106, 2107, 
and 2108] sections 2102, 2104, 2105, 2106, and 2108 of this Act 
and sections 376 of the Energy Policy and Conservation Act and 
ongoing activities of a similar nature at the Department of 
Energy. Such program shall also include the activities 
conducted pursuant to the Steel and Aluminum Energy 
Conservation and Technology Competitiveness Act of 1988 (Public 
Law 100-680) and the Department of Energy Metal Casting 
Competitiveness Research Act of 1990 (Public Law 101-425).

           *       *       *       *       *       *       *


[SEC. 2103. PULP AND PAPER.

    [(a) Program Direction.--The Secretary shall conduct a 5-
year program, in accordance with sections 3001 and 3002 of this 
Act, on advanced pulp and paper technologies. Such program 
shall include activities on energy generation technologies, 
boilers, combustion processes, pulping processes (excluding de-
inking), chemical recovery, causticizing, source reduction 
processes, and other related technologies that can improve the 
energy efficiency of, and reduce the adverse environmental 
impacts of, pulp and papermaking operations. This section does 
not authorize projects involving the combustion of waste paper, 
other than gasification.
    [(b) Proposals.--Within 180 days after the date of 
enactment of this Act, the Secretary shall solicit proposals 
for conducting activities under this section.]

           *       *       *       *       *       *       *


[SEC. 2107. IMPROVING EFFICIENCY IN ENERGY-INTENSIVE INDUSTRIES.

    [(a) Secretarial Action.--The Secretary, in accordance with 
sections 3001 and 3002 of this Act, shall--
          [(1) pursue a research, development, demonstration 
        and commercial application program intended to improve 
        energy efficiency and productivity in energy-intensive 
        industries and industrial processes; and
          [(2) undertake joint ventures to encourage the 
        commercialization of technologies developed under 
        paragraph (1).
    [(b) Joint Ventures.--(1) The Secretary shall--
          [(A) conduct a competitive solicitation for proposals 
        from private firms and investors for such joint 
        ventures under subsection (a)(2); and
          [(B) provide financial assistance to at least five 
        such joint ventures.
    [(2) The purpose of the joint ventures shall be to design, 
test, and demonstrate changes to industrial processes that will 
result in improved energy efficiency and productivity. The 
joint ventures may also demonstrate other improvements of 
benefit to such industries so long as demonstration of energy 
efficiency improvements is the principal objective of the joint 
venture.
    [(3) In evaluating proposals for financial assistance and 
joint ventures under this section, the Secretary shall 
consider--
          [(A) whether the activities conducted under this 
        section improve the quality and energy efficiency of 
        industries or industrial processes;
          [(B) the regional distribution of the energy-
        intensive industries and industrial processes; and
          [(C) whether the proposed joint venture project would 
        be located in the region which has the energy-intensive 
        industry and industrial processes that would benefit 
        from the project.]

           *       *       *       *       *       *       *


SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

           *       *       *       *       *       *       *


    (b) Department of Energy Indian Energy Education Planning 
and Management Assistance Program.--
          (1) The Director shall establish programs to assist 
        consenting Indian tribes in meeting energy education, 
        research and development, planning, and management 
        needs.
          (2) In carrying out this subsection, the Director may 
        provide grants, on a competitive basis, to an Indian 
        tribe or tribal energy resource development 
        organization for use in carrying out--
                  (A) energy, energy efficiency, and energy 
                conservation programs;
                  (B) studies and other activities supporting 
                tribal acquisitions of energy supplies, 
                services, and facilities, including the 
                creation of tribal utilities to assist in 
                securing electricity to promote electrification 
                of homes and businesses on Indian land;
                  (C) planning, construction, development, 
                operation, maintenance, and improvement of 
                tribal electrical generation, transmission, and 
                distribution facilities located on Indian land; 
                and
                  (D) development, construction, and 
                interconnection of electric power transmission 
                facilities located on Indian land with other 
                electric transmission facilities.
          (3)(A) The Director shall develop a program to 
        support and implement research projects that provide 
        Indian tribes with opportunities to participate in 
        carbon sequestration practices on Indian land, 
        including--
                  (i) geologic sequestration;
                  (ii) forest sequestration;
                  (iii) agricultural sequestration; and
                  (iv) any other sequestration opportunities 
                the Director considers to be appropriate.
          (B) The activities carried out under subparagraph (A) 
        shall be--
                  (i) coordinated with other carbon 
                sequestration research and development programs 
                conducted by the Secretary of Energy;
                  (ii) conducted to determine methods 
                consistent with existing standardized 
                measurement protocols to account and report the 
                quantity of carbon dioxide or other greenhouse 
                gases sequestered in projects that may be 
                implemented on Indian land; and
                  (iii) reviewed periodically to collect and 
                distribute to Indian tribes information on 
                carbon sequestration practices that will 
                increase the sequestration of carbon without 
                threatening the social and economic well-being 
                of Indian tribes.
          (4)(A) The Director, in consultation with Indian 
        tribes, may develop a formula for providing grants 
        under this subsection.
          (B) In providing a grant under this subsection, the 
        Director shall give priority to any application 
        received from an Indian tribe with inadequate electric 
        service (as determined by the Director).
          (C) In providing a grant under this subsection for an 
        activity to provide, or expand the provision of, 
        electricity on Indian land, the Director shall 
        encourage cooperative arrangements between Indian 
        tribes and utilities that provide service to Indian 
        tribes, as the Director determines to be appropriate.
          (5) The Secretary of Energy may issue such 
        regulations as the Secretary determines to be necessary 
        to carry out this subsection.
          (6) There is authorized to be appropriated to carry 
        out this subsection $20,000,000 for each of fiscal 
        years 2006 through [2016] 2026.
                              ----------                              


                   ENERGY POLICY AND CONSERVATION ACT

Public Law 94-163, as amended

           *       *       *       *       *       *       *



                            TABLE OF CONTENTS

     * * * * * * *

                 TITLE III--IMPROVING ENERGY EFFICIENCY

     * * * * * * *

                  [PART I--OFF-HIGHWAY MOTOR VEHICLES]

[Sec. 385. Off-Highway motor vehicle conservation study.]

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 3. As used in this Act:

           *       *       *       *       *       *       *

          (8) The term ``severe energy supply interruption'' 
        means a national energy supply shortage which the 
        President determines--
                  (A) is, or is likely to be, of significant 
                scope and duration, and of an emergency nature;
                  (B) may cause major adverse impact on 
                national safety or the national economy; and
                  (C) results, or is likely to result, from (i) 
                an interruption in the supply of imported 
                petroleum products, (ii) an interruption in the 
                supply of domestic petroleum products, or (iii) 
                [sabotage or an act of God] sabotage, an act of 
                terrorism, or an act of God.

           *       *       *       *       *       *       *


TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY

           *       *       *       *       *       *       *


PART B--STRATEGIC PETROLEUM RESERVE

           *       *       *       *       *       *       *



                              DEFINITIONS

    Sec. 152. As used in this part and part C:

           *       *       *       *       *       *       *

          (8) The term ``related facility'' means any necessary 
        appurtenance to a storage facility, including 
        pipelines, roadways, reservoirs, terminals, and salt 
        brine lines.

           *       *       *       *       *       *       *


                DRAWDOWN AND SALE OF PETROLEUM PRODUCTS

    Sec. 161. (a) The Secretary may drawdown and sell petroleum 
products in the Reserve only in accordance with the provisions 
of this section.

           *       *       *       *       *       *       *

    (g)(1) The Secretary shall conduct a continuing evaluation 
of the drawdown and sales procedures. In the conduct of an 
evaluation, the Secretary is authorized to carry out a test 
drawdown and sale or exchange of petroleum products from the 
Reserve. Such a test drawdown and sale or exchange may not 
exceed 5,000,000 barrels of petroleum products.

           *       *       *       *       *       *       *

[(8) The Secretary shall transmit to both Houses of the 
Congress a detailed explanation of the test carried out under 
this subsection. Such explanation may be a part of any report 
made to the President and the Congress under section 165.]
(8) Notice to Congress.--
          (A) Prior notice.--Not less than 14 days before the 
        date on which a test is carried out under this 
        subsection, the Secretary shall notify both Houses of 
        Congress of the test.
          (B) Emergency.--The prior notice requirement in 
        subparagraph (A) shall not apply if the Secretary 
        determines that an emergency exists which requires a 
        test to be carried out, in which case the Secretary 
        shall notify both Houses of Congress of the test as 
        soon as possible.
          (C) Detailed description.--
                  (i) In general.--Not later than 180 days 
                after the date on which a test is completed 
                under this subsection, the Secretary shall 
                submit to both Houses of Congress a detailed 
                description of the test.
                  (ii) Report.--A detailed description 
                submitted under clause (i) may be included as 
                part of a report made to the President and 
                Congress under section 165.

           *       *       *       *       *       *       *


                         SPR PETROLEUM ACCOUNT

    Sec. 167. (a) The Secretary of the Treasury shall establish 
in the Treasury of the United States an account to be known as 
the ``SPR Petroleum Account'' (hereinafter in this section 
referred to as the ``Account'').

           *       *       *       *       *       *       *

    [(b) Amounts in the Account may be obligated by the 
Secretary of Energy for the acquisition, transportation, and 
injection of petroleum products into the Strategic Petroleum 
Reserve, for test sales of petroleum products from the Reserve, 
and for the drawdown, sale, and delivery of petroleum products 
from the Reserve--
          [(2) in the case of any fiscal year, subject to 
        section 660 of the Department of Energy Organization 
        Act, in such aggregate amounts as may be appropriated 
        in advance in appropriation Acts; and
          [(3) in the case of any fiscal year, notwithstanding 
        section 660 of the Department of Energy Organization 
        Act, in an aggregate amount equal to the aggregate 
        amount of the receipts to the United States from the 
        sale of petroleum products in any drawdown and 
        distribution of the Strategic Petroleum Reserve under 
        section 161, including a drawdown and distribution 
        carried out under subsection (g) of such section, or 
        from the sale of petroleum products under section 
        160(f).
    [Funds available to the Secretary of Energy for obligation 
under this subsection may remain available without fiscal year 
limitation.]
    (b) Obligation of Funds for the Acquisition, 
Transportation, and Injection of Petroleum Products Into SPR 
and for Other Purposes.--
          (1) Purposes.--Amounts in the Account may be 
        obligated by the Secretary of Energy for--
                  (A) the acquisition, transportation, and 
                injection of petroleum products into the 
                Reserve;
                  (B) test sales of petroleum products from the 
                Reserve;
                  (C) the drawdown, sale, and delivery of 
                petroleum products from the Reserve;
                  (D) the construction, maintenance, repair, 
                and replacement of storage facilities and 
                related facilities; and
                  (E) carrying out non-Reserve projects needed 
                to enhance the energy security of the United 
                States by increasing the resilience, 
                reliability, safety, and security of energy 
                supply, transmission, storage, or distribution 
                infrastructure.
    (2) Amounts.--Amounts in the Account may be obligated by 
the Secretary of Energy for purposes of paragraph (1), in the 
case of any fiscal year--
                  (A) subject to section 660 of the Department 
                of Energy Organization Act (42 U.S.C. 7270), in 
                such aggregate amounts as may be appropriated 
                in advance in appropriations Acts; and
                  (B) notwithstanding section 660 of the 
                Department of Energy Organization Act (42 
                U.S.C. 7270), in an aggregate amount equal to 
                the aggregate amount of the receipts to the 
                United States from the sale of petroleum 
                products in any drawdown and a distribution of 
                the Reserve under section 161, including--
                          (i) a drawdown and distribution 
                        carried out under subsection (g) of 
                        that section; or
                          (ii) from the sale of petroleum 
                        products under section 160(f).
          (3) Availability of funds.--Funds available to the 
        Secretary of Energy for obligation under this 
        subsection may remain available without fiscal year 
        limitation.

           *       *       *       *       *       *       *


                 TITLE III--IMPROVING ENERGY EFFICIENCY

 PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
AUTOMOBILES

           *       *       *       *       *       *       *



                          ENERGY STAR PROGRAM

    Sec. 324A. (a) In General.-- * * *

           *       *       *       *       *       *       *

    (e) Third-Party Certification.--
          (1) In general.--Subject to paragraph (2), not later 
        than 180 days after the date of enactment of this 
        subsection, the Administrator shall revise the 
        certification requirements for the labeling of 
        consumer, home, and office electronic products for 
        program partners that have complied with all 
        requirements of the Energy Star program for a period of 
        at least 18 months.
          (2) Administration.--In the case of a program partner 
        described in paragraph (1), the new requirements under 
        paragraph (1)--
                  (A) shall not require third-party 
                certification for a product to be listed; but
                  (B) may require that test data and other 
                product information be submitted to facilitate 
                product listing and performance verification 
                for a sample of products.
          (3) Third parties.--Nothing in this subsection 
        prevents the Administrator from using third parties in 
        the course of the administration of the Energy Star 
        program.
          (4) Termination.--
                  (A) In general.--Subject to subparagraph (B), 
                an exemption from third-party certification 
                provided to a program partner under paragraph 
                (1) shall terminate if the program partner is 
                found to have violated program requirements 
                with respect to at least 2 separate models 
                during a 2-year period.
                  (B) Resumption.--A termination for a program 
                partner under subparagraph (A) shall cease if 
                the program partner complies with all Energy 
                Star program requirements for a period of at 
                least 3 years.

           *       *       *       *       *       *       *


                     ENERGY CONSERVATION STANDARDS

    Sec. 325. (a) Purposes.-- * * *

           *       *       *       *       *       *       *

    (f) Standards for Furnaces and Boilers.--

           *       *       *       *       *       *       *

          (4)(A) The Secretary shall publish a final rule no 
        later than January 1, 1992, to determine whether the 
        standards established by paragraph (2) for mobile home 
        furnaces should be amended. Such rule shall provide 
        that any amendment shall apply to products manufactured 
        on or after January 1, 1994.
          (B) The Secretary shall publish a final rule no later 
        than January 1, 1994, to determine whether the 
        standards established by this subsection for furnaces 
        (including mobile home furnaces) should be amended. 
        Such rule shall provide that any amendment shall apply 
        to products manufactured on or after January 1, 2002.
          (C) After January 1, 1997, and before January 1, 
        2007, the Secretary shall publish a final rule to 
        determine whether standards in effect for such products 
        should be amended. Such rule shall contain such 
        amendment, if any, and provide that any amendment shall 
        apply to products manufactured on or after January 1, 
        2012.
          (D) Notwithstanding any other provision of this Act, 
        if the requirements of subsection (o) are met, not 
        later than December 31, 2013, the Secretary shall 
        consider and prescribe energy conservation standards or 
        energy use standards for electricity used for purposes 
        of circulating air through duct work.
          (E) Restriction on final rule for residential non-
        weatherized gas furnaces and mobile home furnaces.--
                  (i) In general.--Notwithstanding any other 
                provision of this Act, the Secretary shall not 
                prescribe a final rule amending the efficiency 
                standards for residential non-weatherized gas 
                furnaces or mobile home furnaces until each of 
                the following has occurred:
                          (I) The Secretary convenes a 
                        representative advisory group of 
                        interested stakeholders, including the 
                        manufacturers, distributors, and 
                        contractors of residential non-
                        weatherized gas furnaces and mobile 
                        home furnaces, home builders, building 
                        owners, energy efficiency advocates, 
                        natural gas utilities, electric 
                        utilities, and consumer groups.
                          (II) Not later than 1 year after the 
                        date of enactment of this subparagraph, 
                        the advisory group described in 
                        subclause (I) completes an analysis of 
                        a nationwide requirement of a 
                        condensing furnace efficiency standard 
                        including--
                                  (aa) a complete analysis of 
                                current market trends regarding 
                                the transition of sales from 
                                non-condensing furnaces to 
                                condensing furnaces;
                                  (bb) the projected net loss 
                                in the industry of the present 
                                value of original equipment 
                                manufactured after adoption of 
                                the standard;
                                  (cc) the projected consumer 
                                payback period and life cycle 
                                cost savings after adoption of 
                                the standard;
                                  (dd) a determination of 
                                whether the standard is 
                                economically justified, based 
                                solely on the definition of 
                                energy under section 321; and
                                  (ee) other common economic 
                                principles.
                          (III) The advisory group described in 
                        subclause (I) reviews the analysis and 
                        determines whether a nationwide 
                        requirement of a condensing furnace 
                        efficiency standard is technically 
                        feasible and economically justified.
                          (IV) The final determination of the 
                        advisory group under subclause (III) is 
                        published in the Federal Register.
                  (ii) Amended standards.--If the advisory 
                group determines under clause (i)(III) that a 
                nationwide requirement of a condensing furnace 
                efficiency standard is not technically feasible 
                and economically justified, the Secretary 
                shall, not later than 180 days after the date 
                on which the final determination of the 
                advisory group is published in the Federal 
                Register under clause (i)(IV), establish 
                amended standards through the negotiated 
                rulemaking procedure provided for under 
                subchapter III of chapter 5 of title 5, United 
                States Code (commonly known as the ``Negotiated 
                Rulemaking Act of 1990'').

           *       *       *       *       *       *       *


                     REQUIREMENTS OF MANUFACTURERS

    Sec. 326. (a) In General.-- * * *

           *       *       *       *       *       *       *

    (b) Notification.--(1) Each manufacturer of a covered 
product to which a rule under section 324 applies shall notify 
the Secretary or the Commission--
          (A) not later than 60 days after the date such rule 
        takes effect, of the models in current production (and 
        starting serial numbers of those models) to which such 
        rule applies; and
          (B) prior to commencement of production, of all 
        models subsequently produced (and starting serial 
        numbers of those models) to which such rule applies.
    (2) If requested by the Secretary or Commission, the 
manufacturer of a covered product to which a rule under section 
324 applies shall provide, within 30 days of the date of the 
request, the data from which the information included on the 
label and required by the rule was derived. Data shall be kept 
on file by the manufacturer for a period specified in the rule.
    (3) When requested--
          (A) by the Secretary for purposes of ascertaining 
        whether a product subject to a standard established in 
        or prescribed under section 325 is in compliance with 
        that standard, or
          (B) by the Commission for purposes of ascertaining 
        whether the information set out on a label of a 
        product, as required under section 324, is accurate,
each manufacturer of such a product shall supply at his expense 
a reasonable number of such covered products to any laboratory 
designated by the Secretary or the Commission, as the case may 
be. Any reasonable charge levied by the laboratory for such 
testing shall be borne by the United States, if and to the 
extent provided in appropriation Acts.
    (4) Each manufacturer of a covered product to which a rule 
under section 324 applies shall annually, at a time specified 
by the Commission, supply to the Commission relevant data 
respecting energy consumption or water use developed in 
accordance with the test procedures applicable to such product 
under section 323.
    (5) A rule under section 323, 324, or 325 may require the 
manufacturer or his agent to permit a representative designated 
by the Commission or the Secretary to observe any testing 
required by this part and inspect the results of such testing.
    (6) Voluntary Verification Programs for Air Conditioning, 
Furnace, Boiler, Heat Pump, and Water Heater Products.--
          (A) Reliance on voluntary programs.--For the purpose 
        of periodic testing to verify compliance with energy 
        conservation standards and Energy Star specifications 
        established under sections 324A, 325, and 342 for 
        covered products described in paragraphs (3), (4), (5), 
        (9), and (11) of section 322(a) and covered equipment 
        described in subparagraphs (B), (C), (D), (F), (I), 
        (J), and (K) of section 340(1), the Secretary and the 
        Administrator of the Environmental Protection Agency 
        shall rely on testing conducted by voluntary 
        verification programs that are recognized by the 
        Secretary in accordance with subparagraph (B).
          (B) Recognition of voluntary verification programs.--
                  (i) In general.--Not later than 180 days 
                after the date of enactment of this paragraph, 
                the Secretary shall initiate a negotiated 
                rulemaking in accordance with subchapter III of 
                chapter 5 of title 5, United States Code 
                (commonly known as the ``Negotiated Rulemaking 
                Act of 1990'') to develop criteria that have 
                consensus support for achieving recognition by 
                the Secretary as an approved voluntary 
                verification program.
                  (ii) minimum requirements.--The criteria 
                developed under clause (i) shall, at a minimum, 
                ensure that the voluntary verification 
                program--
                          (I) is nationally recognized;
                          (II) is operated by a third party and 
                        not directly operated by a program 
                        participant;
                          (III) satisfies any applicable 
                        elements of--
                                  (aa) International 
                                Organization for 
                                Standardization standard 
                                numbered 17025; and
                                  (bb) any other relevant 
                                International Organization for 
                                Standardization standards 
                                identified and agreed to 
                                through the negotiated 
                                rulemaking under clause (i);
                          (IV) at least annually tests 
                        independently obtained products 
                        following the test procedures 
                        established under this title to verify 
                        the certified rating of a 
                        representative sample of products and 
                        equipment within the scope of the 
                        program;
                          (V) maintains a publicly available 
                        list of all ratings of products subject 
                        to verification;
                          (VI) requires the changing of the 
                        performance rating or removal of the 
                        product or equipment from the program 
                        if testing determines that the 
                        performance rating does not meet the 
                        levels the manufacturer has certified 
                        to the Secretary;
                          (VII) requires new program 
                        participants to substantiate ratings 
                        through test data generated in 
                        accordance with DOE regulations;
                          (VIII) allows for challenge testing 
                        of products and equipment within the 
                        scope of the program;
                          (IX) requires program participants to 
                        disclose the performance rating of all 
                        covered products and equipment within 
                        the scope of the program for the 
                        covered product or equipment;
                          (X) provides to the Secretary--
                                  (aa) an annual report of all 
                                test results, the contents of 
                                which shall be determined 
                                through the negotiated 
                                rulemaking process under clause 
                                (i); and
                                  (bb) test reports, on the 
                                request of the Secretary or the 
                                Administrator of the 
                                Environmental Protection 
                                Agency, that note any 
                                instructions specified by the 
                                manufacturer or the 
                                representative of the 
                                manufacturer for the purpose of 
                                conducting the verification 
                                testing, to be exempted from 
                                disclosure to the extent 
                                provided under section 
                                552(b)(4) of title 5, United 
                                States Code (commonly known as 
                                the ``Freedom of Information 
                                Act''); and
                          (XI) satisfies any additional 
                        requirements or standards that the 
                        Secretary and Administrator of the 
                        Environmental Protection Agency shall 
                        establish consistent with this 
                        subparagraph.
                  (iii) Finding required for cessation of 
                recognition.--The Secretary may only cease 
                recognition of a voluntary verification program 
                as an approved program described in 
                subparagraph (A) on a finding that the program 
                is not meeting its obligations for compliance 
                through program review criteria established 
                under this subparagraph.
                  (iv) Revisions.--
                          (I) In general.--Major revisions to 
                        voluntary verification program criteria 
                        established under this subparagraph 
                        shall only be made pursuant to a 
                        subsequent negotiated rulemaking in 
                        accordance with subchapter III of 
                        chapter 5 `of title 5, United States 
                        Code (commonly known as the Negotiated 
                        Rulemaking Act of 1990').
                          (II) Nonmajor revisions.--
                                  (aa) In general.--The 
                                Secretary may make all other 
                                nonmajor criteria revisions by 
                                initiating a direct final rule 
                                in accordance with section 
                                553(b)(3)(B) of title 5, United 
                                States Code, on a determination 
                                published in the Federal 
                                Register that revisions to the 
                                criteria are necessary and that 
                                substantive opposition to the 
                                proposed revisions is not 
                                expected.
                                  (bb) Conditions for 
                                effectiveness.--If the 
                                Secretary does not receive 
                                adversarial comments with 
                                respect to the determination 
                                published under item (aa) 
                                during the 30-day-period 
                                following publication of that 
                                determination in the Federal 
                                Register, the direct final rule 
                                shall have the force and effect 
                                of law.
                                  (cc) Withdrawal of final 
                                rule.--Receipt of any 
                                adversarial comment with 
                                respect to the determination 
                                published under item (aa) shall 
                                require the Secretary to 
                                withdraw the direct final rule 
                                and publish--
                                          (AA) a notice of 
                                        proposed rulemaking 
                                        pursuant to section 553 
                                        of title 5, United 
                                        States Code; or
                                          (BB) a notice of 
                                        proposed rulemaking 
                                        pursuant to section 553 
                                        of title 5, United 
                                        States Code, that 
                                        includes a 
                                        determination that 
                                        revisions to the 
                                        criteria are necessary.
          (C) Administration.--
                  (i) In general.--The Secretary and the 
                Administrator of the Environmental Protection 
                Agency shall not require--
                          (I) manufacturers to participate in a 
                        voluntary verification program 
                        described in subparagraph (A); or
                          (II) participating manufacturers to 
                        provide information that has already 
                        been provided to the Secretary or the 
                        Administrator.
                  (ii) List of covered products.--The Secretary 
                or the Administrator of the Environmental 
                Protection Agency may maintain a publicly 
                available list of covered products and 
                equipment that distinguishes between products 
                that are, and are not covered products and 
                equipment verified through a voluntary 
                verification program described in subparagraph 
                (A);
                  (iii) Periodic verification testing.--
                          (I) In General.--The Secretary--
                                (aa) shall not subject products 
                                or equipment that have been 
                                verification tested under a 
                                voluntary verification program 
                                described in subparagraph (A) 
                                to periodic verification 
                                testing that verifies the 
                                accuracy of the certified 
                                performance rating of the 
                                products or equipment; but
                                  (bb) may test products or 
                                equipment described in 
                                subclause (I) if the testing is 
                                necessary--
                                          (AA) to assess the 
                                        overall performance of 
                                        a voluntary 
                                        verification program;
                                          (BB) to address 
                                        specific performance 
                                        issues;
                                          (CC) for use in 
                                        updating test 
                                        procedures and 
                                        standards; or
                                          (DD) for other 
                                        purposes consistent 
                                        with this title.
                          (II) Additional testing.--The 
                        Secretary may subject products or 
                        equipment described in subclause (I) to 
                        periodic verification testing outside 
                        the restrictions of subclause (I)(bb), 
                        if agreed to during the rulemaking 
                        described in subparagraph (B)
          (D) Effect on other authority.--Nothing in this 
        paragraph limits the authority of the Secretary or the 
        Administrator of the Environmental Protection Agency to 
        enforce compliance with any law.

           *       *       *       *       *       *       *


PART D--STATE ENERGY CONSERVATION PROGRAMS 

           *       *       *       *       *       *       *



                           GENERAL PROVISIONS

    Sec. 365. (a) The Secretary may prescribe such rules as may 
be necessary or appropriate to carry out his authority under 
this part.

           *       *       *       *       *       *       *

    (f) For the purpose of carrying out this part, there are 
authorized to be appropriated [$125,000,000 for each of fiscal 
years 2007 through 2012] $90,000,000 for each of fiscal years 
2016 through 2020, of which not greater than 5 percent may be 
used to provide competitively awarded financial assistance.

           *       *       *       *       *       *       *


PART E--INDUSTRIAL ENERGY EFFICIENCY 

           *       *       *       *       *       *       *



SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

    (a) In general.--As part of the Office of Energy Efficiency 
and Renewable Energy, the Secretary, on the request of a 
manufacturer, shall conduct on-site technical assessments to 
identify opportunities for--
          (1) maximizing the energy efficiency of industrial 
        processes and cross-cutting systems;
          (2) preventing pollution and minimizing waste;
          (3) improving efficient use of water in manufacturing 
        processes;
          (4) conserving natural resources; and
          (5) achieving such other goals as the Secretary 
        determines to be appropriate.
    (b) Coordination.--The Secretary shall carry out the 
initiative in coordination with the private sector and 
appropriate agencies, including the National Institute of 
Standards and Technology, to accelerate adoption of new and 
existing technologies and processes that improve energy 
efficiency.
    (c) Research and Development Program for Sustainable 
Manufacturing and Industrial Technologies and Processes.--As 
part of the industrial efficiency programs of the Department of 
Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and 
demonstrate new sustainable manufacturing and industrial 
technologies and processes that maximize the energy efficiency 
of industrial plants, reduce pollution, and conserve natural 
resources.

           *       *       *       *       *       *       *


                  [PART I--OFF-HIGHWAY MOTOR VEHICLES 


             [OFF-HIGHWAY MOTOR VEHICLE CONSERVATION STUDY

    [Sec. 385. Not later than 1 year after the date of the 
enactment of this section, the Secretary of Transportation 
shall complete a study of the energy conservation potential of 
recreational motor vehicles, including, but not limited to, 
aircraft and motor boats which are designed for recreational 
use, and shall submit a report to the President and to the 
Congress containing the results of such study.]

           *       *       *       *       *       *       *


PART J--ENCOURAGING THE USE OF ALETERNATIVE FUELS 

           *       *       *       *       *       *       *



SEC. 400EE. STUDIES AND REPORTS.

    [(a) Methanol Study.--(1) The Secretary shall study 
methanol plants, including the costs and practicability of such 
plants, that are--
          [(A) capable of utilizing current domestic supplies 
        of unutilized natural gas;
          [(B) relocatable; or
          [(C) suitable for natural gas to methanol conversion 
        by natural gas distribution companies.
    [(2) For purposes of this subsection, the term ``unutilized 
natural gas'' means gas that is available in small remote 
fields and cannot be economically transported to natural gas 
pipelines, or gas the quality of which is so poor that 
extensive and uneconomic pretreatment is required prior to its 
introduction into the natural gas distribution system.
    [(3) The Secretary shall submit a report under this 
subsection to the Committees on Commerce, Science, and 
Transportation and Governmental Affairs of the Senate, and the 
Committee on Energy and Commerce of the House of 
Representatives, no later than September 30, 1990.]
    [(b)](a) Independent Environmental Study.--(1) The 
Administrator of the Environmental Protection Agency shall 
submit to the Committees on Commerce, Science, and 
Transportation and Governmental Affairs of the Senate, and the 
Committee on Energy and Commerce of the House of 
Representatives, in December of 1990, and once every two years 
thereafter, a report which includes--
          (A) a comprehensive analysis of the air quality, 
        global climate change, and other positive and negative 
        environmental impacts, if any, including fuel 
        displacement effects, associated with the production, 
        storage, distribution, and use of all alternative motor 
        vehicle fuels under the Alternative Motor Fuels Act of 
        1988, as compared to gasoline and diesel fuels; and
          (B) an extended reasonable forecast of the change, if 
        any, in air quality, global climate change, and other 
        environmental effects of producing, storing, 
        distributing, and using alternative motor vehicle 
        fuels, utilizing such reasonable energy security, 
        policy, economic, and other scenarios as may be 
        appropriate.
    (2) In carrying out the study under this subsection, the 
Administrator of the Environmental Protection Agency shall 
consult with the Secretaries of Energy and Transportation. 
Nothing in this paragraph shall be construed to require such 
Administrator to obtain the approval of the Secretary of Energy 
or the Secretary of Transportation for any actions taken under 
this subsection.
    (3) There are authorized to be appropriated to carry out 
the purposes of this subsection $500,000.
    [(c)](b) Public Participation.--Adequate opportunity shall 
be provided for public comment on the reports required by this 
section before they are submitted to the Congress, and a 
summary of such comments shall be attached to such reports.

           *       *       *       *       *       *       *

                              ----------                              


                          ENERGY SECURITY ACT

Public Law 96-294, as amended

           *       *       *       *       *       *       *



                            TABLE OF CONTENTS

     * * * * * * *

               TITLE II--BIOMASS ENERGY AND ALCOHOL FUELS

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Definitions.

[Sec. 204. Funding for subtitles A and B.]
Sec. 204. Funding.
Sec. 205. Coordination with other authorities and programs.

            [SUBTITLE A--GENERAL BIOMASS ENERGY DEVELOPMENT]

[Sec. 211. Biomass energy development plans.]
[Sec. 212. Program responsibility and administration; effect on other 
          programs.]
[Sec. 213. Insured loans.]
[Sec. 214. Loan guarantees.]
[Sec. 215. Price guarantees.]
[Sec. 216. Purchase agreements.]
[Sec. 217. General requirements regarding financial assistance.]
[Sec. 218. Reports.]
[Sec. 219. Review; reorganization.]
[Sec. 220. Establishment of Office of Alcohol Fuels in Department of 
          Energy.]
[Sec. 221. Termination.]

              [SUBTITLE B--MUNICIPAL WASTE BIOMASS ENERGY]

[Sec. 231. Municipal waste energy development plan.]
[Sec. 232. Construction loans.]
[Sec. 233. Guaranteed construction loans.]
[Sec. 234. Price support loans and price guarantees.]
[Sec. 235. General requirements regarding financial assistance.]
[Sec. 236. Financial assistance program administration.]
[Sec. 237. Commercialization demonstration program pursuant to Federal 
          Nonnuclear Energy Research and Development Act of 1974.]
[Sec. 238. Jurisdiction of Department of Energy and Environmental 
          Protection Agency.]
[Sec. 239. Establishment of Office of Energy From Municipal Waste in 
          Department of Energy.]
[Sec. 240. Termination.]
     * * * * * * *

              SUBTITLE D--MISCELLANEOUS BIOMASS PROVISIONS

[Sec. 271. Use of gasohol in Federal motor vehicles.]
Sec. 272. Motor vehicle alcohol usage study.
Sec. 273. Natural gas priorities.
Sec. 274. Standby authority for allocation of alcohol fuel.
     * * * * * * *

              TITLE V--SOLAR ENERGY AND ENERGY CONSERVATION

     * * * * * * *

         [SUBTITLE F--ENERGY AUDITOR TRAINING AND CERTIFICATION]

[Sec. 581. Purpose.]
[Sec. 582. Definitions.]
[Sec. 583. Grants.]
[Sec. 584. Authorization of appropriations.]

           *       *       *       *       *       *       *


         TITLE II--BIOMASS ENERGY AND ALCOHOL FUELS SHORT TITLE

    Sec. 201. This title may be cited as the ``Biomass Energy 
and Alcohol Fuels Act of 1980''.

           *       *       *       *       *       *       *


                              DEFINITIONS

    Sec. 203. As used in this title--

           *       *       *       *       *       *       *

          [(16) The term ``Office of Alcohol Fuels'' means the 
        Office of Alcohol Fuels established under section 220.]
          [(17)](16) The term ``person'' means any individual, 
        company, cooperative, partnership, corporation, 
        association, consortium, unincorporated organization, 
        trust, estate, or any entity organized for a common 
        business purpose, any State or local government 
        (including any special purpose district or similar 
        governmental unit) or any agency or instrumentality 
        thereof, or any Indian tribe or tribal organization.
          [(18)](17) The term ``State'' means any of the fifty 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands of the United States, 
        Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and the Trust Territory of the Pacific 
        Islands.
          [(19)](18) The term ``small scale biomass energy 
        project'' means a biomass energy project with an 
        anticipated annual production capacity of not more than 
        1,000,000 gallons of ethanol per year, or its energy 
        equivalent of other forms of biomass energy.

           *       *       *       *       *       *       *


                    [FUNDING FOR SUBTITLES A AND B]

    Sec. 204. (a) To the extent provided in advance in 
appropriation Acts, for the two year period beginning October 
1, 1980, there is authorized to be appropriated and transferred 
$1,170,000,000 from the Energy Security Reserve established in 
the Treasury of the United States under title II of the Act 
entitled ``An Act making appropriations for the Department of 
the Interior and related agencies for the fiscal year ending 
September 30, 1980, and for other purposes'' (Public Law 96-
126; 93 Stat. 970) and made available for obligation by such 
Act only to the extent provided in advance in appropriation 
Acts, as follows:
          (1) $460,000,000 to the Secretary of Agriculture for 
        carrying out activities under subtitle A, except of the 
        amount of the financial assistance provided by the 
        Secretary of Agriculture under subtitle A, up to one-
        third shall be for small-scale biomass energy projects; 
        and
          (2) $460,000,000 to the Secretary of Energy for 
        carrying out biomass energy activities under subtitle 
        A, of which at least $500,000,000 shall be available to 
        the Office of Alcohol Fuels for carrying out its 
        activities, and any amount not made available to the 
        Office of Alcohol Fuels shall be available to the 
        Secretary to carry out the purposes of subtitle A under 
        available authorities of the Secretary, including 
        authorities under subtitle A[; and].
          [(3) $250,000,000 shall be available to the Secretary 
        of Energy for carrying out activities under subtitle 
        B.]
    (b) Funds made available under subsection (a) shall remain 
available until expended.
    (c)(1) For purposes of determining the amount of such 
appropriations which remain available for purposes of this 
title--
          (A) loans shall be counted at the initial face value 
        of the loan;
          (B) loan guarantees shall be counted at the initial 
        face value of such loan guarantee;
          (C) price guarantees and purchase agreements shall be 
        counted at the value determined by the Secretary 
        concerned as of the date of each such contract based 
        upon the Secretary's determination of the maximum 
        potential liability of the United States under the 
        contract; and
          (D) any increase in the liability of the United 
        States pursuant to any amendment or other modification 
        to a contract for a loan, loan guarantee, price 
        guarantee, or purchase agreement, shall be counted to 
        the extent of such increase.
    (2) Determinations under paragraph (1) shall be made in 
accordance with generally accepted accounting principles, 
consistently applied.
    (3) If more than one form of financial assistance is to be 
provided to any one project, the obligations and commitments 
thereunder shall be counted at the maximum potential exposure 
of the United States on such project at any time during the 
life of such project.
    (4) Any commitment to provide financial assistance shall be 
treated the same as such assistance for purposes of this 
subsection; except that any such commitment which is nullified 
or voided for any reason shall not be considered for purposes 
of this subsection.
    (d) Financial assistance may be provided under this title 
only to the extent provided in advance in appropriation Acts.

           *       *       *       *       *       *       *


            [Subtitle A--General Biomass Energy Development

                   [BIOMASS ENERGY DEVELOPMENT PLANS

    [Sec. 211. (a) Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Agriculture and the 
Secretary of Energy shall jointly prepare, and transmit to the 
President and the Congress, a plan for maximizing in accordance 
with this subtitle biomass energy production and use. Such plan 
shall be designed to achieve a total level of alcohol 
production and use within the United States of at least 60,000 
barrels per day of alcohol by December 31, 1982.
    [(b)(1) Not later than January 1, 1982, the Secretary of 
Agriculture and the Secretary of Energy shall jointly prepare, 
and transmit to the President and the Congress, a comprehensive 
plan for maximizing in accordance with this subtitle biomass 
energy production and use, for the period beginning January 1, 
1983, and ending December 31, 1990. Such plan shall be designed 
to achieve a level of alcohol production within the United 
States equal to at least 10 percent of the level of gasoline 
consumption within the United States as estimated by the 
Secretary of Energy for the calendar year 1990.
    [(2) The plan prepared under this subsection shall evaluate 
the feasibility of reaching the goals set forth in such 
subsection.
    [(c) The plans prepared under subsections (a) and (b) shall 
each include guidelines for use in awarding financial 
assistance under this subtitle which are designed to increase, 
during the period covered by the plan, the amount of motor fuel 
displaced by biomass energy.

  [PROGRAM RESPONSIBILITY AND ADMINISTRATION; EFFECT ON OTHER PROGRAMS

    [Sec. 212. (a)(1) Except as provided in paragraph (2), in 
the case of any financial assistance under this subtitle for a 
biomass energy project, the Secretary concerned shall be--
          [(A) the Secretary of Agriculture, in the case of any 
        biomass energy project which will have an anticipated 
        annual production capacity of less than 15,000,000 
        gallons of ethanol (or the energy equivalent of other 
        forms of biomass energy) and which will use feedstocks 
        other than aquatic plants; and
          [(B) the Secretary of Energy, in the case of any 
        biomass energy project which will use aquatic plants as 
        feedstocks or which will have an anticipated annual 
        production capacity of 15,000,000 gallons or more of 
        ethanol (or the energy equivalent of other forms of 
        biomass energy).
    [(2)(A) Either the Secretary of Agriculture or the 
Secretary of Energy may be the Secretary concerned in the case 
of any biomass energy project which will have an anticipated 
annual production capacity of 15,000,000 gallons or more of 
ethanol (or the energy equivalent of other forms of biomass 
energy) and--
          [(i) which will use wood or wood wastes or residue, 
        or
          [(ii) which is owned and operated by a cooperative 
        and will use feedstocks other than aquatic plants.
    [(B) Financial assistance may not be provided by either 
Secretary under subparagraph (A) without the written 
concurrence of the other Secretary. Such concurrence shall be 
granted or denied by such Secretary in accordance with 
subparagraph (C) and on the same standards as that Secretary 
applies in making his own awards of financial assistance under 
this paragraph.
    [(C)(i) In the case of a project described in subparagraph 
(A), the Secretary concerned shall provide the other Secretary 
a copy of the application and such supporting information as 
may be material, and shall provide the other Secretary at least 
15 days to review the project. If during such 15-day period the 
reviewing Secretary provides written notification to the 
Secretary concerned specifying reasons why such project should 
not proceed, the Secretary concerned shall defer the final 
decision on the application for an additional 30 days. During 
such 30-day period, both Secretaries shall attempt to reach 
agreement regarding all issues raised in the written notice. 
Before the end of the 30-day period, the reviewing Secretary 
shall notify the Secretary concerned of his decision regarding 
concurrence. If the reviewing Secretary fails to provide such 
notice before the end of such period, concurrence shall be 
deemed to have been given.
    [(ii) The project applicant may reapply for financial 
assistance for such project, after making such modifications to 
the project as may be necessary to address issues raised by the 
reviewing Secretary in the original notice of objection. The 
subsequent review of such project by the reviewing Secretary 
shall be limited to the issues originally raised by the 
reviewing Secretary and any issues raised by changed 
circumstances.
    [(D) Both Secretaries may jointly act as the Secretary 
concerned in accordance with such procedures as the Secretaries 
may jointly prescribe, in which case--
          [(i) subparagraphs (B) and (C) and subsection (c) 
        shall not apply, and
          [(ii) the proportion of financial assistance provided 
        by each Secretary shall be determined in accordance 
        with the procedures jointly prescribed.
    [(b)(1) Each Secretary shall take such action as may be 
necessary to assure that--
          [(A) guidelines for soliciting and receiving 
        applications for financial assistance are established 
        within 90 days after the date of the enactment of this 
        Act;
          [(B) applications for financial assistance for 
        biomass energy projects are initially solicited within 
        30 days after such guidelines are established;
          [(C) additional applications for financial assistance 
        are solicited within 1 year after the date of the 
        initial solicitation;
          [(D) any application is evaluated and a decision made 
        on such application within 120 days after the receipt 
        of the application, including review under subsections 
        (a)(2)(C), (a)(2)(D), or (c); and
          [(E) all interested persons are provided the easiest 
        possible access to the application process, including 
        procedures which assure that--
          [(i) information concerning financial assistance from 
        either Secretary is available through all appropriate 
        offices of the Department of Agriculture and the 
        Department of Energy, and other regional and local 
        offices of the Federal Government, as may be 
        appropriate;
          [(ii) all such locations where such information is 
        available will be able to accept and file applications, 
        and will forward them to the Secretary concerned; and
          [(iii) the procedures established for accepting, 
        evaluating, and awarding financial assistance will 
        provide for categories of biomass energy projects, 
        according to size and provide to the maximum extent 
        practicable the simplest procedures for small 
        producers.
    [(2) The procedural requirements of subparagraph (A) 
through (D) of paragraph (1) shall not apply to either 
Secretary to the extent that the Secretary finds that other 
procedures are adopted for the solicitation, evaluation, and 
awarding of financial assistance which will result in 
applications being processed more expeditiously.
    [(c)(1) After evaluating any application and before 
awarding any financial assistance on the basis of that 
application, the Secretary concerned shall provide the other 
Secretary with--
          [(A) a copy of the application and such supporting 
        material as may be appropriate, and
          [(B) an opportunity of not less than 15 days to 
        review the application.
    [This subsection shall not apply in the case of a project 
subject to review under subsection (a)(2)(C).
    [(2) If the reviewing Secretary provides written notice 
specifying any issues regarding matters subject to the 
Secretary's review to the Secretary concerned before the end of 
the 15-day review period, the Secretary concerned shall defer a 
final decision on the application for an additional 30 days to 
provide an opportunity for both Secretaries to answer and 
resolve such issues. At the expiration of the 30-day period, 
the Secretary concerned may make a final decision with respect 
to the application, using the best judgment of the Secretary 
concerned to resolve any remaining issues.
    [(3) Reviews of projects under the provisions of subsection 
(a)(2)(C) or paragraph (1)(B) by the Secretary of Agriculture 
shall be for the purpose of considering the national, regional, 
and local agricultural policy impacts of such project on 
agricultural supply, production, and use, and reviews by the 
Secretary of Energy under such provisions shall be for the 
purpose of considering national energy policy impacts and the 
technical feasibility of the project.
    [(4) The Secretary of Agriculture and the Secretary of 
Energy may jointly establish categories of projects to which 
paragraphs (1) and (2) shall not apply. Within 90 days after 
the date of the enactment of this Act, the Secretaries shall 
identify potential categories and make an initial determination 
of exempted categories.
    [(d) If any application for financial assistance under this 
subtitle is disapproved, the applicant shall be provided 
written notice of the reasons for the disapproval.
    [(e)(1) The functions assigned under this subtitle to the 
Secretary of Agriculture may be carried out by any of the 
administrative entities in the Department of Agriculture which 
the Secretary of Agriculture may designate. Within 30 days 
after the date of the enactment of this Act, the Secretary of 
Agriculture shall make such designations and notify the 
Congress of the administrative entity or entities so designated 
and the officials in such administrative entity or entities who 
are to be responsible for such functions.
    [(2) The Secretary of Agriculture may issue such 
regulations as are necessary to carry out functions assigned to 
the Secretary of Agriculture under this subtitle.
    [(3) The entities or entity designated under paragraph (1) 
shall coordinate the administration of functions assigned to it 
under this subsection with any other biomass energy programs 
within the Department of Agriculture established under other 
provisions of law.
    [(f) The functions under this subtitle which are assigned 
to the Secretary of Energy and which relate to alcohol 
production shall be carried out by the Office of Alcohol Fuels.
    [(g) For purposes of this subtitle, the quantity of any 
biomass energy which is the energy equivalent to 15,000,000 
gallons of ethanol shall be prescribed jointly by the Secretary 
of Agriculture and the Secretary of Energy within 30 days after 
the date of the enactment of this Act.

                             [INSURED LOANS

    [Sec. 213. (a) Subject to sections 212 and 217, the 
Secretary of Agriculture may commit to make, and make, insured 
loans in amounts not to exceed $1,000,000 per project for the 
construction of small-scale biomass energy projects.
    [(b)(1) Any insured loan under this section--
          [(A) may not exceed 90 per centum of the total 
        estimated cost of construction of the biomass energy 
        project involved, and
          [(B) shall bear interest at rates determined by the 
        Secretary of Agriculture, taking into consideration the 
        current average market yield on outstanding marketable 
        obligations of the United States with remaining periods 
        to maturity comparable to the average maturities of 
        such loans, plus not to exceed one per centum, as 
        determined by the Secretary of Agriculture, and 
        adjusted to the nearest one-eighth of one per centum.
    [(2) In the event the total estimated costs of construction 
of the project thereafter exceed the total estimated costs 
initially determined by the Secretary of Agriculture, the 
Secretary may in addition, upon application therefor, make an 
insured loan for so much of the additional estimated total 
costs as does not exceed 10 per centum of the total costs 
initially estimated.
    [(c)(1) The Secretary of Agriculture shall make insured 
loans under this section using, to the extent provided in 
advance in appropriations Acts, the Agricultural Credit 
Insurance Fund in section 309 of the Consolidated Farm and 
Rural Development Act or the Rural Development Insurance Fund 
in section 309A of such Act (hereinafter in this section 
referred to as the ``Funds''). The Secretary of Agriculture may 
not use an aggregate amount of funds to make or commit to make 
insured loans under this section in excess of the aggregate 
amount for insured loans and administrative costs appropriated 
and transferred under section 204. The terms, conditions, and 
requirements applicable to such insured loans shall be in 
accordance with this subtitle.
    [(2) There shall be reimbursed to the Funds, from 
appropriations made under section 204, amounts equal to the 
operating and administrative costs incurred by the Secretary of 
Agriculture in insuring loans under this section.
    [(3) Notwithstanding any provision of the Consolidated Farm 
and Rural Development Act, no funds made available to the 
Secretary of Agriculture under this section for insured loans 
shall be used for any other purpose.
    [(4) For purposes of this section, the term ``insured 
loan'' means a loan which is made, sold, and insured.
    [(d) An insured loan may not be made under this section 
unless the applicant for such loan has established to the 
satisfaction of the Secretary that the applicant is unable 
without such a loan to obtain sufficient credit elsewhere at 
reasonable rates and terms, taking into consideration 
prevailing private and cooperative rates and terms for loans 
for similar purposes and periods of time, to finance the 
construction of the biomass energy project for which such loan 
is sought.

                            [LOAN GUARANTEES

    [Sec. 214. (a) Subject to sections 212 and 217, the 
Secretary concerned may commit to guarantee, and guarantee, 
against loss of principal and interest, loans which are made to 
provide funds for the construction of biomass energy projects.
    [(b)(1) Any guarantee of a loan under this section may not 
exceed 90 per centum of the cost of the construction of the 
biomass energy project involved, as estimated by the Secretary 
on the date of the guarantee or commitment to guarantee.
    [(2) In the event the construction costs of the project are 
thereafter estimated by the Secretary concerned to exceed the 
construction costs initially estimated by the Secretary, the 
Secretary may in addition, upon application therefor, 
guarantee, against loss of principal and interest, a loan for 
up to 60 per centum of the difference between the construction 
costs then estimated and the construction costs initially 
estimated.
    [(c) Notwithstanding the provisions of the Federal 
Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.) or any 
other provision of law (except as may be specifically provided 
by reference to this subsection in any Act enacted after the 
date of the enactment of this Act), no debt obligation which is 
guaranteed or committed to be guaranteed by the Secretary of 
Agriculture or the Secretary of Energy under this section shall 
be eligible for purchase by, or commitment to purchase by, or 
sale or issuance to, the Federal Financing Bank or any Federal 
agency.
    [(d) The terms and conditions of loan guarantees under this 
section shall provide that, if the Secretary concerned makes a 
payment of principal or interest upon the default by a 
borrower, the Secretary shall be subrogated to the rights of 
the recipient of such payment (and such subrogation shall be 
expressly set forth in the loan guarantee or related 
agreements).
    [(e) Any loan guarantee under this section shall not be 
terminated, canceled, or otherwise revoked, except in 
accordance with the terms thereof and shall be conclusive 
evidence that such guarantee complies fully with the provisions 
of this title and of the approval and legality of the principal 
amount, interest rate, and all other terms of the securities, 
obligations, or loans and of the guarantee.
    [(f) If the Secretary concerned determines that--
          [(1) the borrower is unable to meet payments and is 
        not in default,
          [(2) it is in the public interest to permit the 
        borrower to continue with such project, and
          [(3) the probable net benefit to the United States in 
        paying the principal and interest due under the loan 
        will be greater than that which would result in the 
        event of a default, then the Secretary may pay to the 
        lender under a loan guarantee agreement an amount not 
        greater than the principal and interest which the 
        borrower is obligated to pay to such lender, if the 
        borrower agrees to reimburse the Secretary for such 
        payment on terms and conditions, including interest, 
        which the Secretary determines are sufficient to 
        protect the financial interests of the United States.
    [(g)(1) A loan may not be guaranteed under this section 
unless the applicant for such loan has established to the 
satisfaction of the Secretary concerned that the lender is not 
willing without such a guarantee to extend credit to the 
applicant at reasonable rates and terms, taking into 
consideration prevailing rates and terms for loans for similar 
purposes and periods of time, to finance the construction of 
the biomass energy project for which such loan is sought.
    [(2) The Secretary concerned shall ensure that the lender 
bears a reasonable degree of risk in the financing of such 
project.

                           [PRICE GUARANTEES

    [Sec. 215. (a) Subject to sections 212 and 217, the 
Secretary concerned may commit to guarantee, and guarantee, 
that the price that the owner or operator of any biomass energy 
project will receive for all or part of the production from 
that project shall not be less than a specified sales price 
determined as of the date of execution of the price guarantee 
or commitment to guarantee.
    [(b)(1) No price guarantee under this section may be based 
upon a cost-plus arrangement, or variant thereof, which 
guarantees a profit to the owner or operator involved.
    [(2) The use of a cost-of-service pricing mechanism by a 
person pursuant to law, or by a regulatory body establishing 
rates for a regulated person, shall not be deemed to be a cost-
plus arrangement, or variant thereof, for purposes of paragraph 
(1).
    [(c) Each price guarantee, or commitment to guarantee, 
which is made under this section shall specify the maximum 
dollar amount of liability of the United States under that 
guarantee.
    [(d) If the Secretary determines, in the discretion of the 
Secretary, that--
          [(1) a biomass energy project would not otherwise be 
        satisfactorily completed or continued, and
          [(2) completion or continuation of such project would 
        be necessary to achieve the purposes of this title, the 
        sales price set forth in the price guarantee, and 
        maximum liability under such guarantee, may be 
        renegotiated.

                          [PURCHASE AGREEMENTS

    [Sec. 216. (a) Subject to sections 212 and 217, the 
Secretary concerned may commit to make, and make, purchase 
agreements for all or part of the biomass energy production of 
any biomass energy project, if the Secretary determines--
          [(1) that such biomass energy is of a type, quantity, 
        and quality that can be used by Federal agencies; and
          [(2) that the quantity of such biomass energy, if 
        delivery is accepted, would not exceed the likely needs 
        of Federal agencies.
    [Each Secretary concerned shall consult with the other 
Secretary before making any determination under paragraph (2).
    [(b) The sales price specified in a purchase agreement 
under this section may not exceed the estimated prevailing 
market price as of the date of delivery, as determined by the 
Secretary of Energy, unless the Secretary concerned determines 
that such sales price must exceed the estimated prevailing 
market price in order to ensure the production of biomass 
energy to achieve the purposes of this title.
    [(c) The Secretary concerned in entering into, or 
committing to enter into, a purchase agreement under this 
section shall require--
          [(1) assurances that the quality of the biomass 
        energy purchased will meet standards for the use for 
        which such energy is purchased;
          [(2) assurances that the ordered quantities of such 
        energy will be delivered on a timely basis; and
          [(3) such other assurances as may reasonably be 
        required.
    [(d) The Secretary concerned may take delivery of biomass 
energy pursuant to a purchase agreement under this section if 
appropriate arrangements have been made for its distribution to 
and use by one or more Federal agencies. Any Federal agency 
receiving such energy shall be charged (in accordance with 
otherwise applicable law), from sums appropriated to such 
Federal agency, for the prevailing market price as of the date 
of delivery, as determined by the Secretary of Energy, for the 
product which the biomass energy is replacing.
    [(e) The Secretary concerned shall consult with the 
Secretary of Defense and the Administrator of the General 
Services Administration in carrying out this section.
    [(f) Each purchase agreement, and commitment to enter into 
a purchase agreement, under this section shall provide that the 
Secretary concerned retains the right to refuse delivery of the 
biomass energy involved upon such terms and conditions as shall 
be specified in the purchase agreement.
    [(g) Each purchase agreement, or commitment to enter into a 
purchase agreement, which is made under this section shall 
specify the maximum dollar amount of liability of the United 
States under that agreement.
    [(h) If the Secretary concerned determines, in the 
discretion of the Secretary, that--
          [(1) a biomass energy project would not otherwise be 
        satisfactorily completed or continued, and
          [(2) completion or continuation of such project would 
        be necessary to achieve the purposes of this title, the 
        sales price set forth in the purchase agreement, and 
        maximum liability under such agreement, may be 
        renegotiated.

          [GENERAL REQUIREMENTS REGARDING FINANCIAL ASSISTANCE

    [Sec. 217. (a)(1) Priority for financial assistance under 
this subtitle, and the most favorable financial terms 
available, shall be provided to a person for any biomass energy 
project that--
          [(A) uses a primary fuel other than petroleum or 
        natural gas in the production of biomass fuel, such as 
        geothermal energy resources, solar energy resources, or 
        waste heat; or
          [(B) applies new technologies which expand the 
        possible feedstocks, produces new forms of biomass 
        energy, or produces biomass fuel using improved or new 
        technologies.
Nothing in this paragraph shall be construed to exclude 
financial assistance for any project which does not use such a 
fuel or apply such a technology.
    [(2)(A) Financial assistance under this subtitle shall be 
available for a biomass energy project only if the Secretary 
concerned finds that the Btu content of the motor fuels to be 
used in the facility involved to produce the biomass fuel will 
not exceed the Btu content of the biomass fuel produced in the 
facility.
    [(B) In making the determination under subparagraph (A), 
the Secretary concerned shall take into account any 
displacement of motor fuel or other petroleum products which 
the applicant has demonstrated to the satisfaction of the 
Secretary would result from the use of the biomass fuel 
produced in the facility involved.
    [(3) No financial assistance may be provided under this 
subtitle to any person for any biomass energy project if the 
Secretary concerned finds that the process to be used by the 
project will not extract the protein content of the feedstock 
for utilization as food or feed for readily available markets 
in any case in which to do so would be technically and 
economically practicable.
    [(4) Financial assistance may not be provided under this 
subtitle to any person unless the Secretary concerned--
          [(A) finds that necessary feedstocks are available 
        and it is reasonable to expect they will continue to be 
        available in the future, and, for biomass energy 
        projects using wood or wood wastes or residues from the 
        National Forest System, there shall be taken into 
        account current levels of use by then existing 
        facilities;
          [(B) has obtained assurance that the person receiving 
        such financial assistance will bear a reasonable degree 
        of risk in the construction and operation of the 
        project; and
          [(C) has determined that the amount of financial 
        assistance provided for the project is not greater than 
        is necessary to achieve the purposes of this title.
    [(5) In providing financial assistance under this subtitle, 
the Secretary concerned shall give due consideration to 
promoting competition.
    [(6) In determining the amount of financial assistance for 
any biomass energy project which will yield byproducts in 
addition to biomass energy, the Secretary shall consider the 
potential value of such byproducts and the costs attributable 
to their production.
    [(b) An insured loan may not be made, and a loan guarantee 
may not be issued, under this subtitle unless the Secretary 
concerned determines that the terms, conditions, maturity, 
security, and schedule and amounts of repayments with respect 
to such loan are reasonable and meet such standards as the 
Secretary determines are sufficient to protect the financial 
interests of the United States.
    [(c)(1) No financial assistance may be provided to any 
person under this subtitle unless an application therefor--
          [(A) has been submitted to the Secretary concerned by 
        that person in such form and under such procedures as 
        the Secretary shall prescribe, consistent with the 
        requirements of this subtitle, and
          [(B) has been approved by the Secretary in accordance 
        with such procedures.
    [(2) Each such application shall include information 
regarding the construction costs of the biomass energy project 
involved, and estimates of operating costs and income relating 
to that project (including the sale of any byproducts from that 
project). In addition, each applicant shall provide--
          [(A) access at reasonable times to such other 
        information, and
          [(B) such assurances, as the Secretary concerned may 
        require.
    [(d)(1) Every recipient of financial assistance under this 
subtitle shall, as a condition precedent thereto, consent to 
such examinations and reports regarding the biomass energy 
project involved as the Secretary concerned may require.
    [(2) With respect to each biomass energy project for which 
financial assistance is provided under this subtitle, the 
Secretary shall--
          [(A) require from the recipient of financial 
        assistance such reports and records relating to that 
        project as the Secretary deems necessary;
          [(B) prescribe the manner in which such recipient 
        shall keep such records; and
          [(C) have access to such records at reasonable times 
        for the purpose of ensuring compliance with the terms 
        and conditions upon which financial assistance is 
        provided.
    [(e) All contracts and instruments of the Secretary 
concerned to provide, or providing, for financial assistance 
shall be general obligations of the United States backed by its 
full faith and credit.
    [(f) Subject to the conditions of any contract for 
financial assistance, such contract shall be incontestable in 
the hands of the holder, except as to fraud or material 
misrepresentation on the part of the holder.
    [(g)(1) A fee or fees may be charged and collected by the 
Secretary concerned for any loan guarantee, price guarantee, or 
purchase agreement provided under this subtitle.
    [(2) The amount of such fee shall be based on the estimated 
administrative costs and risk of loss, except that such fee may 
not exceed 1 per centum of the amount of the financial 
assistance provided.
    [(h) All amounts received by the Secretary of Agriculture 
or the Secretary of Energy as fees, interest, repayment of 
principal, and any other moneys received by either Secretary 
from activities under this subtitle shall be deposited in the 
Treasury of the United States as miscellaneous receipts. The 
preceding sentence shall not apply to insured loans made under 
section 213.

                                [REPORTS

    [Sec. 218. * * *
    [(b) Within 120 days after the date of enactment of this 
Act, the Secretary of Energy and the Secretary of Agriculture 
shall submit to the Congress a comprehensive list of all the 
types of loans, grants, incentives, rebates, or any other such 
private, State, or Federal economic or financial benefits now 
in effect or proposed which can be or have been used for 
production of alcohol to be used as a motor fuel or petroleum 
substitute.
    [(c)(1)(A) The Office of Alcohol Fuels shall submit to the 
Congress and the President annual reports containing a general 
description of the Office's operations during the year and a 
description and evaluation of each biomass energy project for 
which financial assistance by the Office is then in effect.
    [(B) Each annual report shall describe progress made toward 
meeting the goals of this subtitle and contain specific 
recommendations on what actions the Congress could take in 
order to facilitate the work of the Office in achieving such 
goals.
    [(C) Each annual report under this subsection shall contain 
financial statements prepared by the Office.
    [(2) On or before September 30, 1990, the Office shall 
submit to the Congress and the President a report evaluating 
the overall impact made by the Office and describing the status 
of each biomass energy project which has received financial 
assistance under this subtitle from the Office. Such report 
shall contain a plan for the termination of the work of the 
Office.

                        [REVIEW; REORGANIZATION

    [Sec. 219. (a) The President shall review periodically the 
progress of the Secretary of Agriculture and the Secretary of 
Energy in carrying out the purposes of this subtitle.
    [(b) If the President determines it necessary in order to 
achieve such purposes the President may, in accordance with the 
provisions of chapter 9 of title 5, United States Code, provide 
for a reorganization, including any required realignment of the 
respective programs of the Secretaries under this subtitle.

   [ESTABLISHMENT OF OFFICE OF ALCOHOL FUELS IN DEPARTMENT OF ENERGY

    [Sec. 220. (a) There is hereby established within the 
Department of Energy an Office of Alcohol Fuels (hereinafter in 
this section referred to as the ``Office'') to be headed by a 
Director, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and who shall be 
compensated at the rate provided for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.
    [(b)(1) The Director shall be responsible for carrying out 
the functions of the Secretary of Energy under this subtitle 
which relate to alcohol, including the terms and conditions of 
financial assistance and the selection of recipients for that 
assistance, subject to the general supervision of the Secretary 
of Energy.
    [(2) The Director shall be responsible directly to the 
Secretary of Energy.
    [(c) In each annual authorization and appropriation 
request, the Secretary shall identify the portion thereof 
intended for the support of the Office and include a statement 
by the Office (1) showing the amount requested by the Office in 
its budgetary presentation to the Secretary and the Office of 
Management and Budget and (2) an assessment of the budgetary 
needs of the Office. Whenever the Office submits to the 
Secretary, the President, or the Office of Management and 
Budget, any formal legislative recommendation or testimony, or 
comments on legislation, prepared for submission to Congress, 
the Office shall concurrently transmit a copy thereof to the 
appropriate committees of Congress.
    [(d) The Secretary of Energy, after consultation with the 
Director, shall consult with the Secretary of the Treasury, the 
Secretary of Agriculture, the Secretary of Transportation, the 
Secretary of Commerce, the Administrator of the Community 
Services Administration, the Administrator of the Environmental 
Protection Agency, or their appointed representatives, in order 
to coordinate the programs under the Director's responsibility 
with other programs within the Department of Energy and in such 
Federal agencies, which are related to the production of 
alcohol.

                              [TERMINATION

    [Sec. 221. No insured loan, loan guarantee, price 
guarantee, or purchase agreement may be committed to or made 
under this subtitle after September 30, 1984, except that all 
conditional commitments for loan guarantees under this subtitle 
which were in existence on September 30, 1984, are hereby 
extended through June 30, 1987. This section shall not be 
construed to affect the authority of the Secretary concerned to 
spend funds after such date pursuant to any contract for 
financial assistance made on or before that date under this 
subtitle. Notwithstanding any other provision of this subtitle, 
the Secretary of Energy may modify the terms and conditions of 
any conditional commitment for a loan guarantee under this 
subtitle made before October 1, 1984, including the amount of 
the loan guarantee. Nothing in this section shall be 
interpreted as indicating Congressional approval with respect 
to any pending conditional commitments under this Act.]

              [Subtitle B--Municipal Waste Biomass Energy

                [MUNICIPAL WASTE ENERGY DEVELOPMENT PLAN

    [Sec. 231. (a) The Secretary of Energy shall prepare a 
comprehensive plan for carrying out this subtitle. In the 
preparation of such plan, the Secretary shall consult with the 
Administrator of the Environmental Protection Agency, the 
Secretary of Commerce, and the head of such other Federal 
agencies as the Secretary deems appropriate.
    [(b) Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall transmit the comprehensive 
plan to the President and the Congress.
    [(c) The comprehensive plan under this section shall 
include a statement setting forth--
          [(1) the anticipated research, development, 
        demonstration, and commercialization objectives to be 
        achieved;
          [(2) the management structure and approach to be 
        adopted to carry out such plan;
          [(3) the program strategies, including detailed 
        milestone goals to be achieved;
          [(4) the specific funding requirements for individual 
        program elements and activities, including the total 
        estimated construction costs of proposed projects; and
          [(5) the estimated relative financial contributions 
        of the Federal Government and non-Federal participants 
        in the program.
    [(d) Not later than January 1, 1982, the Secretary shall 
prepare and submit to the President and the Congress a report 
containing a complete description of any financial, 
institutional, environmental, and social barriers to the 
development and application of technologies for the recovery of 
energy from municipal wastes.

                          [CONSTRUCTION LOANS

    [Sec. 232. (a) Subject to sections 235 and 236, the 
Secretary of Energy may commit to make, and make, loans for the 
construction of municipal waste energy projects.
    [(b)(1) Any loan under this section--
          [(A) may not exceed 80 per centum of the total 
        estimated cost of the construction of the municipal 
        waste energy project involved, and
          [(B) shall bear interest at a rate determined by the 
        Secretary of Energy (taking into consideration the 
        current average market yield on outstanding marketable 
        obligations of the United States with remaining periods 
        to maturity comparable to the average maturities of 
        such loans) plus not to exceed one per centum, as 
        determined by the Secretary of Energy, and adjusted to 
        the nearest one-eighth of one per centum.
    [(2) In the event the total estimated costs of construction 
of the project thereafter exceed the total estimated costs 
initially determined by the Secretary of Energy, the Secretary 
may in addition, upon application therefor, make a loan for so 
much of the additional estimated costs as does not exceed 10 
per centum of the initial total estimated costs of 
construction.
    [(c) A loan may not be made under this section unless the 
person applying for such loan has established to the 
satisfaction of the Secretary of Energy that the applicant is 
unable without such a loan to obtain sufficient credit 
elsewhere at reasonable rates and terms, taking into 
consideration prevailing market rates and terms for loans for 
similar periods of time, to finance the construction of the 
project for which such loan is sought.

                     [GUARANTEED CONSTRUCTION LOANS

    [Sec. 233. (a) Subject to sections 235 and 236, the 
Secretary of Energy may commit to guarantee, and guarantee, 
against loss on up to 90 per centum of the principal and 
interest, any loan which is made solely to provide funds for 
the construction of a municipal waste energy project and which 
does not exceed 90 per centum of the cost of the construction 
of the project involved, as estimated by the Secretary on the 
date of the guarantee or commitment to guarantee.
    [(b) In the event the total estimated costs of construction 
of the project thereafter exceed the total estimated costs 
initially determined by the Secretary of Energy, the Secretary 
may in addition, upon application therefor, guarantee, against 
loss on up to 90 per centum of the principal and interest, a 
loan for so much of the additional estimated total costs as 
does not exceed 10 per centum of the total estimated costs.
    [(c) The terms and conditions of loan guarantees under this 
section shall provide that, if the Secretary of Energy makes a 
payment of principal or interest upon the default by a 
borrower, the Secretary shall be subrogated to the rights of 
the recipient of such payment (and such subrogation shall be 
expressly set forth in the loan guarantee or related 
agreements).
    [(d) Any loan guarantee under this section shall not be 
terminated, canceled, or otherwise revoked, except in 
accordance with the terms thereof and shall be conclusive 
evidence that such guarantee complies fully with the provisions 
of this title and of the approval and legality of the principal 
amount, interest rate, and all other terms of the securities, 
obligations, or loans and of the guarantee.
    [(e) If the Secretary of Energy determines that--
          [(1) the borrower is unable to meet payments and is 
        not in default,
          [(2) it is in the public interest to permit the 
        borrower to continue to pursue the purposes of such 
        project, and
          [(3) the probable net benefit to the United States in 
        paying the principal and interest due under a loan 
        guarantee agreement will be greater than that which 
        would result in the event of a default, then the 
        Secretary may pay to the lender under a loan guarantee 
        agreement an amount not greater than the principal and 
        interest which the borrower is obligated to pay to such 
        lender, if the borrower agrees to reimburse the 
        Secretary for such payment on terms and conditions, 
        including interest, which the Secretary determines are 
        sufficient to protect the financial interests of the 
        United States.
    [(f) A loan may not be guaranteed under this section unless 
the applicant for such loan has established to the satisfaction 
of the Secretary of Energy that the lender is not willing 
without such a guarantee to extend credit to the applicant at 
reasonable rates and terms, taking into consideration 
prevailing market rates and terms for loans for similar periods 
of time, to finance the construction of the project for which 
such loan is sought.
    [(g)(1) With respect to any loan or debt obligation which 
is--
          [(A) issued after the date of the enactment of this 
        Act by, or on behalf of, any State or any political 
        subdivision or governmental entity thereof,
          [(B) guaranteed by the Secretary of Energy under this 
        section, and
          [(C) not supported by the full faith and credit of 
        the issuer as a general obligation of the issuer, the 
        interest paid on such obligation and received by the 
        purchaser thereof (or the purchaser's successors in 
        interest) shall be included in gross income for the 
        purposes of chapter 1 of the Internal Revenue Code of 
        1954.
    [(2) With respect to the amount of obligations described in 
paragraph (1) that the issuer would have been able to issue as 
tax exempt obligations (other than obligations secured by the 
full faith and credit of the issuer as a general obligation of 
the issuer), the Secretary of Energy is authorized to pay only 
to the issuer any portion of the interest on such obligations, 
as determined by the Secretary of the Treasury after taking 
into account the interest rate which would have been paid on 
the obligations had they been issued as tax exempt obligations 
without being so guaranteed by the Secretary of Energy and the 
interest rate actually paid on the obligations when issued as 
taxable obligations. Such payments shall be made in amounts 
determined by the Secretary of Energy, and in accordance with 
such terms and conditions as the Secretary of the Treasury 
shall require.
    [(h)(1) A fee or fees may be charged and collected by the 
Secretary of Energy for any loan guarantee under this section.
    [(2) The amount of such fee shall be based on the estimated 
administrative costs and risk of loss, except that such fee may 
not exceed 1 per centum of the maximum of the guarantee.

               [PRICE SUPPORT LOANS AND PRICE GUARANTEES

    [Sec. 234. (a)(1) In the case of any existing municipal 
waste energy project which produces and sells biomass energy, 
the Secretary of Energy may commit to make, and make, a price 
support loan in amounts determined under paragraph (3) for the 
operation of such project. Payments under any such loan shall 
be disbursed on an annual basis, as determined (in accordance 
with paragraph (3)) on the basis of the amount of biomass 
energy produced and sold by that project during the 12-month 
period involved and the type and cost of fuel displaced by the 
biomass energy sold.
    [(2)(A) In the case of any support loan under this section 
for an existing municipal waste energy project--
          [(i) disbursements under such loan may not be made 
        for more than 5 consecutive 12-month periods;
          [(ii) the amount of the disbursement for the second 
        and any subsequent 12-month period for which 
        disbursements are to be made under the support loan 
        shall be reduced by an amount determined by multiplying 
        the amount calculated under paragraph (3) by a factor 
        determined by dividing the number of 12-month periods 
        for which disbursements are made under the support loan 
        into the number of such periods which have elapsed;
          [(iii) commencing at the end of the last of such 12-
        month periods, the support loan shall be repayable over 
        a period equal to the then remaining useful life of the 
        project (as determined by the Secretary) or 10 years, 
        whichever is shorter; and
          [(iv) commencing at the end of such last 12-month 
        period, such loan shall bear interest at a rate 
        determined by the Secretary of Energy (taking into 
        consideration the current average market yield on 
        outstanding marketable obligations of the United States 
        with remaining periods to maturity comparable to the 
        average maturities of such loans) plus not to exceed 
        one per centum, as determined by the Secretary of 
        Energy, and adjusted to the nearest one-eighth of one 
        per centum.
    [(3) The amount of the loan payment to be disbursed under 
this subsection for any year with respect to each type of 
biomass energy produced and sold by an existing municipal waste 
energy project shall be equal to--
          [(A)(i) the standard support price reduced by the 
        cost of the fuel displaced by the biomass energy sold, 
        or (ii) $2.00, whichever is lower, multiplied by
          [(B) the amount of such biomass energy sold (in 
        millions of Btu's).
    [(b)(1) In the case of any new municipal waste energy 
project which produces and sells biomass energy, the Secretary 
of Energy may commit to make, and make, a price support loan in 
amounts determined in accordance with the provisions of 
subsection (a), except as provided in paragraph (2).
    [(2) In the case of any loan under this subsection for a 
new municipal waste energy project--
          [(A) disbursements under such loan may not be made 
        for more than 7 consecutive 12-month periods (with 
        reductions as provided in subsection (a)(2)(A)(ii));
          [(B) such loan shall bear interest at a rate not in 
        excess of the rate prescribed under subsection (a); and
          [(C) the principal of or interest on such loan shall, 
        in accordance with the support loan agreement, be 
        repayable, commencing at the end of the last 12-month 
        period covered by the support loan, over a period not 
        in excess of the period equal to the then remaining 
        useful life of the project (as determined by the 
        Secretary) or 15 years, whichever is shorter.
    [(c)(1) In the case of any new municipal waste energy 
project which produces and sells biomass energy, the Secretary 
of Energy may commit to make, and make, a price guarantee for 
the operation of such project which guarantees that the price 
the owner or operator will receive for all or part of the 
production from that project shall not be less than a specified 
sales price determined as of the date of execution of the 
guarantee agreement.
    [(2)(A) No price guarantee under this section may be based 
upon a cost-plus arrangement, or variant thereof, which 
guarantees a profit to the owner or operator involved.
    [(B) The use of a cost-of-service pricing mechanism by a 
person pursuant to law, or by a regulatory body establishing 
rates for a regulated person, shall not be deemed to be a cost-
plus arrangement, or variant thereof, for purposes of 
subparagraph (A).
    [(3) In the case of any price guarantee under this 
subsection for a new municipal waste energy project--
          [(A) disbursements under such guarantee may not be 
        made for more than 7 consecutive 12-month periods; and
          [(B) amounts paid under this subsection may be 
        required to be repaid to the Secretary of Energy under 
        such terms and conditions as the Secretary may 
        prescribe, including interest at a rate not in excess 
        of the rate prescribed under subsection (a).
    [(d) For purposes of this section--
          [(1) The term ``new municipal waste energy project'' 
        means any municipal waste energy project which--
                  [(A) is initially placed in service after the 
                date of the enactment of this Act; or
                  [(B) if initially placed in service before 
                such date, has an increased capacity by reason 
                of additional construction, and as such is 
                placed in service after such date.
          [(2) The term ``existing municipal waste energy 
        project'' means any municipal waste energy project 
        which is not a new municipal waste project.
          [(3) The term ``placed in service'' means operated at 
        more than 50 percent of the estimated operational 
        capacity.
          [(4)(A) Except as provided in subparagraphs (B) and 
        (C), the term ``standard support price'' means the 
        average price (per million Btu's) for No. 6 fuel oil 
        imported into the United States on the date of the 
        enactment of this Act, as determined, by rule, by the 
        Secretary of Energy not later than 90 days after the 
        date of the enactment of this Act.
          [(B) In any case in which the fuel displaced is No. 6 
        fuel oil or any higher grade of petroleum (as 
        determined by the Secretary of Energy), the term 
        ``standard support price'' means 125 per centum of the 
        price determined by rule under subparagraph (A).
          [(C) In any case in which biomass energy produced and 
        sold by a project is steam or electricity, the term 
        ``standard support price'' means the price determined 
        by rule under subparagraph (A), subject to such 
        adjustments as the Secretary of Energy may authorize by 
        rule.
          [(5) The term ``cost of the fuel displaced'' means 
        the cost of the fuel (per million Btu's) which the 
        purchaser of biomass energy would have purchased if the 
        biomass energy had not been available for sale to that 
        purchaser.
          [(6) Any biomass energy produced by a municipal waste 
        energy project which may be retained for use by the 
        owner or operator of such project shall be considered 
        to be sold at such price as the Secretary of Energy 
        determines.
          [(7) Not later than 90 days after the date of the 
        enactment of this Act, the Secretary of Energy shall 
        prescribe, by rule, the manner of determining the fuel 
        displaced by the sale of any biomass energy, and the 
        price of the fuel displaced.

          [GENERAL REQUIREMENTS REGARDING FINANCIAL ASSISTANCE

    [Sec. 235. (a)(1) Priority for financial assistance under 
the provisions of sections 232, 233, and 234, and the most 
favorable financial terms available, shall be provided for any 
municipal waste energy project that will--
          [(A) produce a liquid fuel from municipal waste; or
          [(B) will displace petroleum or natural gas as a 
        fuel.
    [(2)(A) With respect to projects producing biomass energy 
other than biomass fuel, financial assistance under the 
provisions of sections 232, 233, and 234 shall be available 
only if the Secretary of Energy finds that the project does not 
use petroleum or natural gas except for flame stabilization or 
start-up.
    [(B) With respect to projects producing biomass fuel, 
financial assistance under such provisions shall be available 
to such project only if the Secretary of Energy finds that the 
Btu content of the biomass fuel produced substantially exceeds 
the Btu content of any petroleum or natural gas used in the 
project to produce the biomass fuel.
    [(3) Financial assistance may not be provided under section 
232, 233, or 234 unless the Secretary of Energy finds that 
necessary municipal waste feedstocks are available and it is 
reasonable to expect they will continue to be available for the 
expected economic life of the project.
    [(4) In providing financial assistance under section 232, 
233, or 234, the Secretary of Energy shall give due 
consideration to promoting competition.
    [(5) In determining the amount of financial assistance for 
any municipal waste energy project which will yield byproducts 
in addition to biomass energy, the Secretary shall consider the 
value of such byproducts and the costs attributable to their 
production.
    [(6) The Secretary of Energy shall not provide financial 
assistance under section 232, 233, or 234 for any municipal 
waste energy unless the Secretary determines--
          [(A) the project will be technically and economically 
        viable;
          [(B) the financial assistance provided encourages and 
        supplements, but does not compete with nor supplant, 
        any private capital investment which otherwise would be 
        available to the proposed municipal waste energy 
        project on reasonable terms and conditions which would 
        permit such project to be undertaken;
          [(C) assurances are provided that the project will 
        not use, in any substantial quantities, waste paper 
        which would otherwise be recycled for a use other than 
        as a fuel and will not substantially compete with 
        facilities in existence on the date of the financial 
        assistance which are engaged in the separation or 
        recovery of reuseable materials from municipal waste; 
        and
          [(D) that the amount of financial assistance provided 
        for the project is not greater than is necessary to 
        achieve the purposes of this title.
    [(b) Financial assistance may not be provided under section 
232, 233, or 234 unless the Secretary of Energy determines 
that--
          [(1) the terms, conditions, maturity, security and 
        schedule and amounts of repayments with respect to such 
        assistance are reasonable and meet such standards as 
        the Secretary determines are sufficient to protect the 
        financial interests of the United States; and
          [(2) the person receiving such financial assistance 
        will bear a reasonable degree of risk with respect to 
        the project.
    [(c)(1) No financial assistance may be provided to any 
person under section 232, 233, or 234 unless an application 
therefor--
          [(A) has been submitted to the Secretary of Energy by 
        such person in such form and under such procedures as 
        the Secretary shall prescribe, consistent with the 
        requirements of this subtitle, and
          [(B) has been approved by the Secretary in accordance 
        with such procedures.
    [(2) Each such application shall include information 
regarding the construction costs of the municipal waste energy 
project involved (if appropriate), and estimates of operating 
costs and income relating to that project (including the sale 
of any byproducts from that project). In addition, each 
applicant shall provide--
          [(A) access at reasonable times to such other 
        information, and
          [(B) such assurances, as the Secretary of Energy may 
        require.
    [(d)(1) Every person receiving financial assistance under 
section 232, 233, or 234 shall, as a condition precedent 
thereto, consent to such examinations and reports thereon 
regarding the municipal waste energy project involved as the 
Secretary of Energy may require.
    [(2) With respect to each municipal waste energy project 
for which financial assistance is provided under section 232, 
233, or 234, the Secretary shall--
          [(A) require from the recipient of financial 
        assistance such reports and records relating to that 
        project as the Secretary deems necessary;
          [(B) prescribe the manner in which such recipient 
        shall keep such records; and
          [(C) have access to such records at reasonable times 
        for the purpose of ensuring compliance with the terms 
        and conditions upon which financial assistance is 
        provided.
    [(e) All amounts received by the Secretary of Energy as 
fees, interest, repayment of principal, and any other moneys 
received by the Secretary from operations under section 232, 
233, or 234 shall be deposited in the general fund of Treasury 
of the United States as miscellaneous receipts.
    [(f) All contracts and instruments of the Secretary of 
Energy to provide, or providing, for financial assistance shall 
be general obligations of the United States backed by its full 
faith and credit.
    [(g) Subject to the conditions of any contract for 
financial assistance, such contract shall be incontestable in 
the hands of the holder, except as to fraud or material 
misrepresentation on the part of the holder.
    [(h) Notwithstanding the provisions of the Federal 
Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.) or any 
other provision of law (except as may be specifically provided 
by reference to this subsection in any Act enacted after the 
date of the enactment of this Act), no debt obligation which is 
made or committed to be made, or which is guaranteed or 
committed to be guaranteed by the Secretary of Energy under 
section 232, 233, or 234 shall be eligible for purchase by, or 
commitment to purchase by, or sale or issuance to, the Federal 
Financing Bank or any Federal agency.

              [FINANCIAL ASSISTANCE PROGRAM ADMINISTRATION

    [Sec. 236. The Secretary of Energy shall establish 
procedures and take such other actions as may be necessary 
regarding the solicitation, review, and evaluation of 
applications, and awarding of financial assistance under 
section 232, 233, or 234 as may be necessary to carry out the 
plan established under section 231.

[COMMERCIALIZATION DEMONSTRATION PROGRAM PURSUANT TO FEDERAL NONNUCLEAR 
              ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974

    [Sec. 237. (a)(1) The Secretary of Energy shall establish 
and conduct, pursuant to the authorities contained in the 
Federal Nonnuclear Energy Research and Development Act of 1974, 
an accelerated research, development, and demonstration program 
for promoting the commercial viability of processes for the 
recovery of energy from municipal wastes.
    [(2) The provisions of subsections (d), (m), and (x)(2) of 
section 19 of such Act shall not apply with respect to the 
program established under this section.
    [(3) As part of the program established under this section, 
the Secretary, after consulting with the Administrator of the 
Environmental Protection Agency and the Secretary of Commerce, 
shall undertake--
          [(A) the research, development, and demonstration of 
        technologies to recover energy from municipal wastes;
          [(B) the development and application of new municipal 
        waste-to-energy recovery technologies;
          [(C) the assessment, evaluation, demonstration, and 
        improvement of the performance of existing municipal 
        waste-to-energy recovery technologies with respect to 
        capital costs, operating and maintenance costs, total 
        project financing, recovery efficiency, and the quality 
        of recovered energy and energy intensive materials;
          [(D) the evaluation of municipal waste energy 
        projects for the purpose of developing a base of 
        engineering data that can be used in the design of 
        future municipal waste energy projects to recover 
        energy from municipal wastes; and
          [(E) research studies on the size and other 
        significant characteristics of potential markets for 
        municipal waste-to-energy recovery technologies, and 
        recovered energy, and energy intensive materials.
    [(b) Under such program, the Secretary of Energy may 
provide financial assistance consisting of price supports, 
loans, and loan guarantees, for the cost of planning, 
designing, constructing, operating, and maintaining 
demonstration facilities, and, in the case of existing 
facilities, modifications of such facilities solely for 
demonstration purposes, for the conversion of municipal wastes 
into energy or the recovery of materials.
    [(c) Priority for funding of activities under subsection 
(a) and financial assistance under subsection (b) shall be 
provided for any activity or project for the demonstration of 
technologies for the production of liquid fuels or biomass 
energy which substitute for petroleum or natural gas.
    [(d) The Secretary of Energy may not obligate or expend any 
funds authorized under this title in carrying out subsection 
(b) of this section until the plan required under section 
231(a) has been prepared and submitted to the Congress.
    [(e) All amounts received by the Secretary of Energy as 
fees, interest, repayment of principal, and any other moneys 
received by the Secretary from operations under this section 
shall be deposited in the general fund of the Treasury of the 
United States as miscellaneous receipts.

  [JURISDICTION OF DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION 
                                 AGENCY

    [Sec. 238. The provisions of section 20(c) of the Federal 
Nonnuclear Research and Development Act of 1974, relating to 
the responsibilities of the Environmental Protection Agency and 
the Department of Energy, shall apply with respect to actions 
under this subtitle to the same extent and in the same manner 
as such provisions apply to actions under section 20 of such 
Act.

 [ESTABLISHMENT OF OFFICE OF ENERGY FROM MUNICIPAL WASTE IN DEPARTMENT 
                               OF ENERGY

    [Sec. 239. (a) There is hereby established within the 
Department of Energy an Office of Energy from Municipal Waste 
(hereinafter in this section referred to as the ``Office'') to 
be headed by a Director, who shall be appointed by the 
Secretary of Energy.
    [(b) It shall be the function of the Office to perform--
          [(1) the research, development, demonstration, and 
        commercialization activities authorized under this 
        subtitle (including those authorized under section 
        237), and
          [(2) such other duties relating to the production of 
        energy from municipal waste as the Secretary of Energy 
        may assign to the Office.
    [(c) In carrying out functions tranferred or assigned to 
the Office, the Secretary of Energy shall consult with the 
Administrator of the Environmental Protection Agency, the 
Secretary of Commerce, and the heads of such other Federal 
agencies, as appropriate.
    [(d) The Secretary shall provide for the transfer to the 
Office of the functions relating to, and personnel of the 
Department who are responsible for the administration of, 
programs in existence on the date of the enactment of this Act 
which relate to the research, development, demonstration, and 
commercialization of technologies for the recovery of energy 
from municipal waste.

                              [TERMINATION

    [Sec. 240. No financial assistance may be committed to or 
made under this subtitle after September 30, 1984. This section 
shall not be construed to affect the authority of the Secretary 
of Energy to spend funds after such date pursuant to any award 
of financial assistance made on or before that date.]

           *       *       *       *       *       *       *


              Subtitle D--Miscellaneous Biomass Provisions

               [USE OF GASOHOL IN FEDERAL MOTOR VEHICLES

    [Sec. 271. (a) The President shall, by executive order, 
require that motor vehicles which are owned or leased by 
Federal agencies and are capable of operating on gasohol shall 
use gasohol where available at reasonable prices and in 
reasonable quantities.
    [(b) The President may provide for exceptions to the 
requirement of subsection (a) where necessary, including to 
protect the national security.
    [(c) Such executive order shall specify the alcohol-
gasoline mixture or mixtures which shall constitute ``gasohol'' 
for purposes of such order, as well as specifications for its 
use.]

           *       *       *       *       *       *       *


TITLE V--SOLAR ENERGY AND ENERGY CONSERVATION

           *       *       *       *       *       *       *


         [Subtitle F--Energy Auditor Training and Certification

                                [PURPOSE

    [Sec. 581. It is the purpose of this subtitle to encourage 
the training and certification of individuals to conduct energy 
audits for residential and commercial buildings in order to 
serve the various private and public needs of the Nation for 
energy audits.

                              [DEFINITIONS

    [Sec. 582. For the purposes of this subtitle--
          [(1) the term ``Governor'' means the chief executive 
        officer of each State, including the Mayor of the 
        District of Columbia;
          [(2) the term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        and the Northern Mariana Islands;
          [(3) the term ``energy audit'' means an inspection as 
        described in section 215 (b)(1)(A) of the National 
        Energy Conservation Policy Act, or an energy audit as 
        defined in section 710(b)(7) of such Act, which in 
        addition may provide information on the utilization of 
        renewable resources and may make energy-related 
        improvements in the building; and
          [(4) the term ``Secretary'' means the Secretary of 
        Energy.

                                [GRANTS

    [Sec. 583. (a) The Secretary may make grants to any 
Governor of a State for the training and certification of 
individuals to conduct energy audits.
    [(b) Before making a grant under subsection (a) to a 
Governor, the Secretary must receive from the Governor an 
application containing--
          [(A) any information which the Secretary deems is 
        necessary to carry out this subtitle; and
          [(B) an assurance that the grant will supplement and 
        not supplant other funds available for such training 
        and certification and will be used to increase the 
        total amount of funds available for such training and 
        certification.
    [(c)(1) Before making any grant under subsection (a) the 
Secretary shall establish minimum standards for the training 
and certification of individuals to conduct energy audits.
    [(2) The Secretary shall require each Governor receiving 
any grant under this subtitle to agree to meet the standards 
established pursuant to paragraph (1) in any training and 
certification conducted using funds provided under this 
subtitle.

                    [AUTHORIZATION OF APPROPRIATIONS

    [Sec. 584. (a) To carry out this subtitle there is 
authorized to be appropriated the sum of $10,000,000 for the 
fiscal year ending on September 30, 1981, and the sum of 
$15,000,000 for the fiscal year ending on September 30, 1982.
    [(b) Any funds appropriated under the authorization 
contained in this section shall remain available until 
expended.]

           *       *       *       *       *       *       *

                              ----------                              


                           FEDERAL POWER ACT

Act of June 10, 1920, Chapter 285, as amended

           *       *       *       *       *       *       *



PART I

           *       *       *       *       *       *       *


    Sec. 4. The Commission is hereby authorized and empowered--

           *       *       *       *       *       *       *

    (e) To issue licenses to citizens of the United States, or 
to any association of such citizens, or to any corporation 
organized under the laws of the United States or any State 
thereof, or to any State or municipality for the purpose of 
constructing, operating, and maintaining dams, water conduits, 
reservoirs, power houses, transmission lines, or other project 
works necessary or convenient for the development and 
improvement of navigation and for the development, 
transmission, and utilization of power across, along, from or 
in any of the streams or other bodies of water over which 
Congress has jurisdiction under its authority to regulate 
commerce with foreign nations and among the several States, or 
upon any part of the public lands and reservations of the 
United States (including the Territories), or for the purpose 
of utilizing the surplus water or water power from any 
Government dam, except as herein provided: Provided, That 
licenses shall be issued within any reservation only after a 
finding by the Commission that the license will not interfere 
or be inconsistent with the purpose for which such reservation 
was created or acquired, and shall be subject to and contain 
such conditions as the Secretary of the department under whose 
supervision such reservation falls shall [deem] determine to be 
necessary for the adequate protection and utilization of such 
reservation: Provided further, That no license affecting the 
navigable capacity of any navigable waters of the United States 
shall be issued until the plans of the dam or other structures 
affecting navigation have been approved by the Chief of 
Engineers and the Secretary of the Army. Whenever the 
contemplated improvement is, in the judgment of the Commission, 
desirable and justified in the public interest for the purpose 
of improving or developing a waterway or waterways for the use 
or benefit of interstate or foreign commerce, a finding to that 
effect shall be made by the Commission and shall become a part 
of the records of the Commission: Provided further, That in 
case the Commission shall find that any Government dam may be 
advantageously used by the United States for public purposes in 
addition to navigation, no license therefor shall be issued 
until two years after it shall have reported to Congress the 
facts and conditions relating thereto, except that this 
provision shall not apply to any Government dam constructed 
prior to June 10, 1920: And provided further, That upon the 
filing of any application for a license which has not been 
preceded by a preliminary permit under subsection (f) of this 
section, notice shall be given and published as required by the 
proviso of said subsection. In deciding whether to issue any 
license under this Part for any project, the Commission, in 
addition to the power and development purposes for which 
licenses are issued, shall give equal consideration to the 
purposes of energy conservation, the protection, mitigation of 
damage to, and enhancement of, fish and wildlife (including 
related spawning grounds and habitat), the protection of 
recreational opportunities, and the preservation of other 
aspects of environmental quality.

           *       *       *       *       *       *       *

    Sec. 5. (a) Each preliminary permit issued under this Part 
shall be for the sole purpose of maintaining priority of 
application for a license under the terms of this Act for such 
period or periods, not exceeding a total of [three] 4 years, as 
in the discretion of the Commission may be necessary for making 
examinations and surveys, for preparing maps, plans, 
specifications, and estimates, and for making financial 
arrangements.
    (b) The [Commission may extend the period of a preliminary 
permit once for not more than 2 additional years beyond the 3 
years] Commission may--
          (1) extend the period of a preliminary permit once 
        for not more than 4 additional years beyond the 4 years 
        permitted by subsection (a) if the Commission finds 
        that the permittee has carried out activities under 
        such permit in good faith and with reasonable 
        diligence[.]; and 
          (2) after the end of an extension period granted 
        under paragraph (1), issue an additional permit to the 
        permittee if the Commission determines that there are 
        extraordinary circumstances that warrant the issuance 
        of the additional permit. 
    (c) Each such permit shall set forth the conditions under 
which priority shall be maintained.
    (d) Such permits shall not be transferable, and may be 
canceled by order of the Commission upon failure of permittees 
to comply with the conditions thereof or for other good cause 
shown after notice and opportunity for hearing.

           *       *       *       *       *       *       *

    Sec. 13. That the licensee shall commence the construction 
of the project works within the time fixed in the license, 
which shall not be more than two years from the date thereof, 
shall thereafter in good faith and with due diligence prosecute 
such construction, and shall within the time fixed in the 
license complete and put into operation such part of the 
ultimate development as the Commission shall deem necessary to 
supply the reasonable needs of the then available market, and 
shall from time to time thereafter construct such portion of 
the balance of such development as the Commission may direct, 
so as to supply adequately the reasonable market demands until 
such development shall have been completed. The periods for the 
commencement of construction may be extended [once but not 
longer than two additional years] for not more than 8 
additional years, and the period for the completion of 
construction carried on in good faith and with reasonable 
diligence may be extended by the Commission when not 
incompatible with the public interests. In case the licensee 
shall not commence actual construction of the project works, or 
of any specified part thereof, within the time prescribed in 
the license or as extended by the commission, then, after due 
notice given, the license shall, as to such project works or 
part thereof, be terminated upon written order of the 
Commission. In case the construction of the project works, or 
of any specified part thereof, have been begun but not 
completed within the time prescribed in the license, or as 
extended by the commission, then the Attorney General, upon the 
request of the Commission, shall institute proceedings in 
equity in the district court of the United States for the 
district in which any part of the project is situated for the 
revocation of said license, the sale of the works constructed, 
and such other equitable relief as the case may demand, as 
provided for in section 26 hereof.

           *       *       *       *       *       *       *

    Sec. 15. (a) (1) * * *

           *       *       *       *       *       *       *

    [(e) Except](e) License Term on Relicensing._
          (1) In general.--Except for an annual license, any 
        license issued by the Commission under this section 
        shall be for a term which the Commission determines to 
        be in the public interest but not less than 30 years, 
        nor more than 50 years, from the date on which the 
        license is issued.
          (2) Consideration.--In determining the term of a 
        license under paragraph (1), the Commission shall 
        consider project-related investments by the licensee 
        over the term of the existing license (including any 
        terms under annual licenses) that resulted in new 
        development, construction, capacity, efficiency 
        improvements, or environmental measures, but which did 
        not result in the extension of the term of the license 
        by the Commission.

           *       *       *       *       *       *       *

    Sec. 18. The Commission shall require the construction, 
maintenance, and operation by a licensee at its own expense of 
such lights and signals as may be directed by the Secretary of 
the Department in which the Coast Guard is operating, and such 
fishways as may be prescribed by the Secretary of Commerce. 
[The license applicant and any party to the proceeding shall be 
entitled to a determination on the record, after opportunity 
for an agency trial-type hearing of no more than 90 days, on 
any disputed issues of material fact with respect to such 
fishways. All disputed issues of material fact raised by any 
party shall be determined in a single trial-type hearing to be 
conducted by the relevant resource agency in accordance with 
the regulations promulgated under this subsection and within 
the time frame established by the Commission for each license 
proceeding. Within 90 days of the date of enactment of the 
Energy Policy Act of 2005, the Secretaries of the Interior, 
Commerce, and Agriculture shall establish jointly, by rule, the 
procedures for such expedited trial-type hearing, including the 
opportunity to undertake discovery and cross-examine witnesses, 
in consultation with the Federal Energy Regulatory Commission.] 
The operation of any navigation facilities which may be 
constructed as a part of or in connection with any dam or 
diversion structure built under the provisions of this Act, 
whether at the expense of a licensee hereunder or of the United 
States, shall at all times be controlled by such reasonable 
rules and regulations in the interest of navigation, including 
the control of the level of the pool caused by such dam or 
diversion structure as may be made from time to time by the 
Secretary of the Army, and for willful failure to comply with 
any such rule or regulation such licensee shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
punished as provided in section 316 hereof.

           *       *       *       *       *       *       *


SEC. 33. ALTERNATIVE CONDITIONS AND PRESCRIPTIONS.

    (a) Alternative Conditions.--(1) Whenever any person 
applies for a license for any project works within any 
reservation of the United States, and the Secretary of the 
department under whose supervision such reservation falls 
(referred to in this subsection as the ``Secretary'') [deems] 
determines a condition to such license to be necessary under 
the first proviso of section 4(e), the license applicant or any 
other party to the license proceeding may propose an 
alternative condition.
    (2) Notwithstanding the first proviso of section 4(e), the 
Secretary shall accept the proposed alternative condition 
referred to in paragraph (1), and the Commission shall include 
in the license such alternative condition, if the Secretary 
determines, based on substantial evidence provided by the 
license applicant, any other party to the proceeding, or 
otherwise available to the Secretary, that such alternative 
condition--
          (A) provides for the adequate protection and 
        utilization of the reservation; and
          (B) will either, as compared to the condition 
        initially determined to be necessary by the Secretary--
                  (i) cost significantly less to implement; or
                  (ii) result in improved operation of the 
                project works for electricity production.
    (3) In making a determination under paragraph (2), the 
Secretary shall consider evidence provided for the record by 
any party to a licensing proceeding, or otherwise available to 
the Secretary, including any evidence provided by the 
Commission, on the implementation costs or operational impacts 
for electricity production of a proposed alternative.
    [(4) The Secretary concerned shall submit into the public 
record of the Commission proceeding with any condition under 
section 4(e) or alternative condition it accepts under this 
section, a written statement explaining the basis for such 
condition, and reason for not accepting any alternative 
condition under this section. The written statement must 
demonstrate that the Secretary gave equal consideration to the 
effects of the condition adopted and alternatives not accepted 
on energy supply, distribution, cost, and use; flood control; 
navigation; water supply; and air quality (in addition to the 
preservation of other aspects of environmental quality); based 
on such information as may be available to the Secretary, 
including information voluntarily provided in a timely manner 
by the applicant and others. The Secretary shall also submit, 
together with the aforementioned written statement, all 
studies, data, and other factual information available to the 
Secretary and relevant to the Secretary's decision.]
    [(5) If the Commission finds that the Secretary's final 
condition would be inconsistent with the purposes of this part, 
or other applicable law, the Commission may refer the dispute 
to the Commission's Dispute Resolution Service. The Dispute 
Resolution Service shall consult with the Secretary and the 
Commission and issue a non-binding advisory within 90 days. The 
Secretary may accept the Dispute Resolution Service advisory 
unless the Secretary finds that the recommendation will not 
adequately protect the reservation. The Secretary shall submit 
the advisory and the Secretary's final written determination 
into the record of the Commission's proceeding.]
    (b) Alternative Prescriptions.--(1) Whenever the Secretary 
of the Interior or the Secretary of Commerce prescribes a 
fishway under section 18, the license applicant or any other 
party to the license proceeding may propose an alternative to 
such prescription to construct, maintain, or operate a fishway.
    (2) Notwithstanding section 18, the Secretary of the 
Interior or the Secretary of Commerce, as appropriate, shall 
accept and prescribe, and the Commission shall require, the 
proposed alternative referred to in paragraph (1), if the 
Secretary of the appropriate department determines, based on 
substantial evidence provided by the license applicant, any 
other party to the proceeding, or otherwise available to the 
Secretary, that such alternative--
          (A) will be no less protective than the fishway 
        initially prescribed by the Secretary; and
          (B) will either, as compared to the fishway initially 
        prescribed by the Secretary--
                  (i) cost significantly less to implement; or
                  (ii) result in improved operation of the 
                project works for electricity production.
    (3) In making a determination under paragraph (2), the 
Secretary shall consider evidence provided for the record by 
any party to a licensing proceeding, or otherwise available to 
the Secretary, including any evidence provided by the 
Commission, on the implementation costs or operational impacts 
for electricity production of a proposed alternative.
    [(4) The Secretary concerned shall submit into the public 
record of the Commission proceeding with any prescription under 
section 18 or alternative prescription it accepts under this 
section, a written statement explaining the basis for such 
prescription, and reason for not accepting any alternative 
prescription under this section. The written statement must 
demonstrate that the Secretary gave equal consideration to the 
effects of the prescription adopted and alternatives not 
accepted on energy supply, distribution, cost, and use; flood 
control; navigation; water supply; and air quality (in addition 
to the preservation of other aspects of environmental quality); 
based on such information as may be available to the Secretary, 
including information voluntarily provided in a timely manner 
by the applicant and others. The Secretary shall also submit, 
together with the aforementioned written statement, all 
studies, data, and other factual information available to the 
Secretary and relevant to the Secretary's decision.]
    [(5) If the Commission finds that the Secretary's final 
prescription would be inconsistent with the purposes of this 
part, or other applicable law, the Commission may refer the 
dispute to the Commission's Dispute Resolution Service. The 
Dispute Resolution Service shall consult with the Secretary and 
the Commission and issue a non-binding advisory within 90 days. 
The Secretary may accept the Dispute Resolution Service 
advisory unless the Secretary finds that the recommendation 
will not adequately protect the fish resources. The Secretary 
shall submit the advisory and the Secretary's final written 
determination into the record of the Commission's proceeding.]
    (c) Further Conditions.--This section applies to any 
further conditions or prescriptions proposed or imposed 
pursuant to section 4(e), 6, or 18.

SEC. 34. LICENSING PROCESS IMPROVEMENTS.

    (a) License Studies.--
          (1) In general.--To facilitate the timely and 
        efficient completion of the license proceedings under 
        this part, the Commission shall--
                  (A) conduct an investigation of best 
                practices in performing licensing studies, 
                including methodologies and the design of 
                studies to assess the full range of 
                environmental impacts of a project;
                  (B) compile a comprehensive collection of 
                studies and data accessible to the public that 
                could be used to inform license proceedings 
                under this paragraph; and
                  (C) encourage license applicants and 
                cooperating agencies to develop and use, for 
                the purpose of fostering timely and efficient 
                consideration of license applications, a 
                limited number of open-source methodologies and 
                tools applicable across a wide array of 
                projects, including water balance models and 
                streamflow analyses.
          (2) Use of existing studies.--To the maximum extent 
        practicable, the Commission shall use existing studies 
        and data in individual licensing proceedings under this 
        part in accordance with paragraph (1).
          (3) Nonduplication requirement.--To the maximum 
        extent practicable, the Commission shall ensure that 
        studies and data required for any Federal authorization 
        (as defined in section 35(a)) applicable to a 
        particular project or facility are not duplicated in 
        other licensing proceedings under this part.
          (4) Biological opinions.--To the maximum extent 
        practicable, the Secretary of Commerce shall ensure 
        that relevant offices within the National Marine 
        Fisheries Service prepare any biological opinion under 
        section 7 of the Endangered Species Act of 1973 (16 
        U.S.C. 1536) that forms the basis for a prescription 
        under section 18 on a concurrent rather than sequential 
        basis.
          (5) Water quality certification deadline.--
                  (A) In general.--For purposes of issuing a 
                license under this part, the deadline for a 
                certifying agency to act under section 401(a) 
                of the Federal Water Pollution Control Act (33 
                U.S.C. 1341(a)) shall take effect only on the 
                submission of a request for certification 
                determined to be complete by the certifying 
                agency.
                  (B) Notice of complete request.--The 
                certifying agency shall inform the Commission 
                when a request for certification is determined 
                to be complete.

SEC. 35. LICENSING PROCESS COORDINATION.

    (a) Definition of Federal Authorization.--In this section, 
the term ``Federal authorization'' means any authorization 
required under Federal law (including any license, permit, 
special use authorization, certification, opinion, 
consultation, determination, or other approval) with respect 
to--
          (1) a project licensed under section 4 or 15; or
          (2) a facility exempted under--
                  (A) section 30; or
                  (B) section 405(d) of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 
                2705(d)).
    (b) Designation as Lead Agency.--
          (1) In general.--The Commission shall act as the lead 
        agency for the purposes of coordinating all applicable 
        Federal authorizations.
          (2) Other agencies.--Each Federal and State agency 
        considering an aspect of an application for Federal 
        authorization shall cooperate with the Commission.
    (c) Schedule.--
          (1) Timing for issuance.--It is the sense of Congress 
        that all Federal authorizations required for a project 
        or facility, including a license or exemption order of 
        the Commission, should be issued by the date that is 3 
        years after the date on which an application is 
        considered to be complete by the Commission.
          (2) Commission schedule.--
                  (A) In general.--The Commission shall 
                establish a schedule for the issuance of all 
                Federal authorizations.
                  (B) Requirements.--In establishing the 
                schedule under subparagraph (A), the Commission 
                shall--
                          (i) consult and cooperate with the 
                        Federal and State agencies responsible 
                        for a Federal authorization;
                          (ii) ensure the expeditious 
                        completion of all proceedings relating 
                        to a Federal authorization; and
                          (iii) comply with applicable 
                        schedules established by Federal law 
                        with respect to a Federal 
                        authorization.
          (3) Resolution of interagency disputes.--If the 
        Federal agency fails to adhere to the schedule 
        established by the Commission under paragraph (2), or 
        if the final condition of the Secretary under section 
        4(e) or prescription under section 18 has been 
        unreasonably delayed in derogation of the schedule 
        established under paragraph (2), or if a proposed 
        alternative condition or prescription has been 
        unreasonably denied, or if a final condition or 
        prescription would be inconsistent with the purposes of 
        this part or other applicable law, the Commission may 
        refer the matter to the Chairman of the Council on 
        Environmental Quality--
                  (A) to ensure timely participation;
                  (B) to ensure a timely decision;
                  (C) to mediate the dispute; or
                  (D) to refer the matter to the President.
    (d) Consolidated Record.--
          (1) In general.--The Commission shall maintain 
        official consolidated records of all license 
        proceedings under this part.
          (2) Submission of recommendations.--Any Federal or 
        State agency that is providing recommendations with 
        respect to a license proceeding under this part shall 
        submit to the Commission for inclusion in the 
        consolidated record relating to the license proceeding 
        maintained under paragraph (1)--
                  (A) the recommendations;
                  (B) the rationale for the recommendations; 
                and
                  (C) any supporting materials relating to the 
                recommendations.
          (3) Written statement.--In a case in which a Federal 
        agency is making a determination with respect to a 
        covered measure (as defined in section 36(a)), the head 
        of the Federal agency shall include in the consolidated 
        record a written statement demonstrating that the 
        Federal agency gave equal consideration to the effects 
        of the covered measure on--
                  (A) energy supply, distribution, cost, and 
                use;
                  (B) flood control;
                  (C) navigation;
                  (D) water supply; and
                  (E) air quality and the preservation of other 
                aspects of environmental quality.

SEC. 36. TRIAL-TYPE HEARINGS.

    (a) Definition of Covered Measure.--In this section, the 
term ``covered measure'' means--
          (1) a condition prescribed under section 4(e), 
        including an alternative condition proposed under 
        section 33(a);
          (2) fishways prescribed under section 18, including 
        an alternative prescription proposed under section 
        33(b); or
          (3) any further condition pursuant to section 4(e), 
        6, or 18.
    (b) Authorization of Trial-Type Hearing.--The license 
applicant (including an applicant for a license under section 
15) and any party to the proceeding shall be entitled to a 
determination on the record, after opportunity for a trial-type 
hearing of not more than 120 days, on any disputed issues of 
material fact with respect to an applicable covered measure.
    (c) Deadline for Request.--A request for a trial-type 
hearing under this section shall be submitted not later than 60 
days after the date on which, as applicable--
          (1) the Secretary submits the condition under section 
        4(e) or prescription under section 18; or
          (2)(A) the Commission publishes notice of the 
        intention to use the reserved authority of the 
        Commission to order a further condition under section 
        6; or
          (B) the Secretary exercises reserved authority under 
        the license to prescribe, submit, or revise any 
        condition to a license under the first proviso of 
        section 4(e) or fishway prescribed under section 18, as 
        appropriate.
    (d) No Requirement to Exhaust.--By electing not to request 
a trial-type hearing under subsection (d), a license applicant 
and any other party to a license proceeding shall not be 
considered to have waived the right of the applicant or other 
party to raise any issue of fact or law in a non-trial-type 
proceeding, but no issue may be raised for the first time on 
rehearing or judicial review of the license decision of the 
Commission.
    (e) Administrative Law Judge.--All disputed issues of 
material fact raised by a party in a request for a trial-type 
hearing submitted under subsection (d) shall be determined in a 
single trial-type hearing to be conducted by an Administrative 
Law Judge within the Office of Administrative Law Judges and 
Dispute Resolution of the Commission, in accordance with the 
Commission rules of practice and procedure under part 385 of 
title 18, Code of Federal Regulations (or successor 
regulations), and within the timeframe established by the 
Commission for each license proceeding (including a proceeding 
for a license under section 15) under section 35(c).
    (f) Stay.--The Administrative Law Judge may impose a stay 
of a trial-type hearing under this section for a period of not 
more than 120 days to facilitate settlement negotiations 
relating to resolving the disputed issues of material fact with 
respect to the covered measure.
    (g) Decision of the Administrative Law Judge.--
          (1) Contents.--The decision of the Administrative Law 
        Judge shall contain--
                  (A) findings of fact on all disputed issues 
                of material fact;
                  (B) conclusions of law necessary to make the 
                findings of fact, including rulings on 
                materiality and the admissibility of evidence; 
                and
                  (C) reasons for the findings and conclusions.
          (2) Limitation.--The decision of the Administrative 
        Law Judge shall not contain conclusions as to whether--
                  (A) any condition or prescription should be 
                adopted, modified, or rejected; or
                  (B) any alternative condition or prescription 
                should be adopted, modified, or rejected.
          (3) Finality.--A decision of an Administrative Law 
        Judge under this section with respect to a disputed 
        issue of material fact shall not be subject to further 
        administrative review.
          (4) Service.--The Administrative Law Judge shall 
        serve the decision on each party to the hearing and 
        forward the complete record of the hearing to the 
        Commission and the Secretary that proposed the original 
        condition or prescription.
    (h) Secretarial Determination.--
          (1) In general.--Not later than 60 days after the 
        date on which the Administrative Law Judge issues the 
        decision under subsection (g) and in accordance with 
        the schedule established by the Commission under 
        section 35(c), the Secretary proposing a condition 
        under section 4(e) or a prescription under section 18 
        shall file with the Commission a final determination to 
        adopt, modify, or withdraw any condition or 
        prescription that was the subject of a hearing under 
        this section, based on the decision of the 
        Administrative Law Judge.
          (2) Record of determination.--The final determination 
        of the Secretary filed with the Commission shall 
        identify the reasons for the decision and any 
        considerations taken into account that were not part 
        of, or inconsistent with, the findings of the 
        Administrative Law Judge and shall be included in the 
        consolidated record in section 35(d).
    (i) Licensing Decision of the Commission.--Notwithstanding 
sections 4(e) and 18, if the Commission finds that the final 
condition or prescription of the Secretary is inconsistent with 
the purposes of this part or other applicable law, the 
Commission may refer the matter to the Chairman of the Council 
on Environmental Quality under section 35(c).
    (j) Judicial Review.--The decision of the Administrative 
Law Judge and the record of determination of the Secretary 
shall be included in the record of the applicable licensing 
proceeding and subject to judicial review of the final 
licensing decision of the Commission under section 313(b).

SEC. 37. PUMPED STORAGE PROJECTS.

    In carrying out section 6(a) of the Hydropower Regulatory 
Efficiency Act of 2013 (16 U.S.C. 797 note; Public Law 113-23), 
the Commission shall consider a closed loop pumped storage 
project to include a project--
          (1) in which the upper and lower reservoirs do not 
        impound or directly withdraw water from a navigable 
        stream; or
          (2) that is not continuously connected to a naturally 
        flowing water feature.

SEC. 38. ANNUAL REPORTS.

    (a) Commission Annual Report.--
          (1) In general.--The Commission shall submit to the 
        Committee on Energy and Natural Resources of the Senate 
        and the Committee on Energy and Commerce of the House 
        of Representatives an annual report that--
                  (A) describes and quantifies, for each 
                licensed, exempted, or proposed project under 
                this part or section 405(d) of the Public 
                Utility Regulatory Policies Act of 1978 (16 
                U.S.C. 2705(d)) (referred to in this subsection 
                as the ``covered project''), the quantity of 
                energy and capacity authorized for new 
                development and reauthorized for continued 
                operation during the reporting year, including 
                an assessment of the economic, climactic, air 
                quality, and other environmental benefits 
                achieved by the new and reauthorized energy and 
                capacity;
                  (B) describes and quantifies the loss of 
                energy, capacity, or ancillary services as a 
                result of any licensing action under this part 
                or other requirement under Federal law during 
                the reporting year;
                  (C) identifies any application to license, 
                relicense, or expand a covered project pending 
                as of the date of the annual report, including 
                a quantification of the new energy and capacity 
                with the potential to be gained or lost by 
                action relating to the covered project; and
                  (D) lists all proposed covered projects that, 
                as of the date of the annual report, are 
                subject to a preliminary permit issued under 
                section 4(f), including a description of the 
                quantity of new energy and capacity that would 
                be achieved through the development of each 
                proposed covered project.
          (2) Availability.--The Commission shall establish and 
        maintain a publicly available website or comparable 
        resource that tracks all information required for the 
        annual report under paragraph (1).
    (b) Resource Agency Annual Report.--
          (1) In general.--Any Federal or State resource agency 
        that is participating in any Commission proceeding 
        under this part or that has responsibilities for any 
        Federal authorization shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that--
                  (A) describes each term, condition, or other 
                requirement prepared by the resource agency 
                during the reporting year with respect to a 
                Commission proceeding under this part, 
                including--
                          (i) an assessment of whether 
                        implementation of the term, condition, 
                        or other requirement would result in 
                        the loss of energy, capacity, or 
                        ancillary services at the project, 
                        including a quantification of the 
                        losses;
                          (ii) an analysis of economic, air 
                        quality, climactic and other 
                        environmental effects associated with 
                        implementation of the term, condition, 
                        or other requirement;
                          (iii) a demonstration, based on 
                        evidence in the record of the 
                        Commission, that the resource agency 
                        prepared the term, condition, or other 
                        requirement in a manner that meets the 
                        policy established by this part while 
                        discharging the responsibilities of the 
                        resource agency under this part or any 
                        other applicable requirement under 
                        Federal law; and
                          (iv) a statement of whether the head 
                        of the applicable Federal agency has 
                        rendered final approval of the term, 
                        condition, or other requirement, or 
                        whether the term, condition, or other 
                        requirement remains a preliminary 
                        recommendation of staff of the resource 
                        agency; and
                  (B) identifies all pending, scheduled, and 
                anticipated proceedings under this part that, 
                as of the date of the annual report, the 
                resource agency expects to participate in, or 
                has any approval or participatory 
                responsibilities for under Federal law, 
                including--
                          (i) an accounting of whether the 
                        resource agency met all deadlines or 
                        other milestones established by the 
                        resource agency or the Commission 
                        during the reporting year; and
                          (ii) the specific plans of the 
                        resource agency for allocating 
                        sufficient resources for each project 
                        during the upcoming year.
          (2) Availability.--Any resource agency preparing an 
        annual report to Congress under paragraph (1) shall 
        establish and maintain a publicly available website or 
        comparable resource that tracks all information 
        required for the annual report.

           *       *       *       *       *       *       *


PART II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE 
COMMERCE

           *       *       *       *       *       *       *



     INTERCONNECTION AND COORDINATION OF FACILITIES; EMERGENCIES; 
                   TRANSMISSION TO FOREIGN COUNTRIES

    Sec. 202. (a) * * *

           *       *       *       *       *       *       *

    [(c) During] (c) Authorization During War or Emergency.--
          (1) In general.--During the continuance of any war in 
        which the United States is engaged, or whenever the 
        Commission determines that an emergency exists by 
        reason of a sudden increase in the demand for electric 
        energy, or a shortage of electric energy or of 
        facilities for the generation or transmission of 
        electric energy, or of fuel or water for generating 
        facilities, or other causes, the Commission shall have 
        authority, either upon its own motion or upon 
        complaint, with or without notice, hearing, or report, 
        to require by order such temporary connections of 
        facilities and such generation, delivery, interchange, 
        or transmission of electric energy as in its judgment 
        will best meet the emergency and serve the public 
        interest. If the parties affected by such order fail to 
        agree upon the terms of any arrangement between them in 
        carrying out such order, the Commission, after hearing 
        held either before or after such order takes effect, 
        may prescribe by supplemental order such terms as it 
        finds to be just and reasonable, including the 
        compensation or reimbursement which should be paid to 
        or by any such party.
          (2) No liability.--Subject to paragraph (3), any 
        party subject to an order issued under this subsection 
        or under subsection 224(b)(1) shall not be liable for 
        actions carried out in compliance with the order.
          (3) Exceptions.--The waiver of liability under 
        paragraph (2) shall not apply in a case of gross 
        negligence or willful misconduct.

           *       *       *       *       *       *       *


SEC. 215. ELECTRIC RELIABILITY.

           *       *       *       *       *       *       *


    (g) Reliability Reports.--[The ERO]
          (1) In general.--The ERO shall conduct periodic 
        assessments of the reliability and adequacy of the 
        bulk-power system in North America.
          (2) Regional entities.--Not later than 180 days after 
        the date of enactment of this paragraph and not less 
        than every 3 years thereafter, each regional entity 
        shall submit to the appropriate committees of Congress 
        and the Commission a report that describes, as of the 
        date of the report--
                  (A) the state of and prospects for the 
                reliability of electricity within the 
                geographic area covered by the regional entity; 
                and
                  (B) the most significant risks to the 
                reliability of the bulk-power system that might 
                arise or need to be monitored within the 
                geographic area covered by the regional entity, 
                including risks from proposed or final Federal 
                regulations.

           *       *       *       *       *       *       *

    (l) Reliability Impact Statement.--
          (1) Solicitation by commission.--Not later than 15 
        days after the date on which the head of a Federal 
        agency proposes a major rule (as defined in section 804 
        of title 5, United States Code) that may significantly 
        affect the reliable operation of the bulk-power system, 
        the Commission shall solicit from any applicable 
        regional entity affected by the proposed rule a 
        reliability impact statement with respect to the 
        proposed rule.
          (2) Voluntary submission by regional entity.--A 
        regional entity may prepare, on the initiative of the 
        regional entity, a reliability impact statement for any 
        proposed major Federal rule that the regional entity 
        determines would significantly affect the reliable 
        operation of the bulk-power system within the area 
        covered by the regional entity.
          (3) Multijurisdictional coordination.--If a proposed 
        rule subject to a reliability impact statement under 
        paragraph (1) or (2) affects an area broader than the 
        area covered by a single regional entity, the ERO shall 
        convene a committee of the affected regional entities 
        to produce a single reliability impact statement that 
        demonstrates for each affected area the reliability 
        impact of the proposed rule.
          (4) Requirements.--A reliability impact statement 
        under paragraph (1) or (2) shall include a detailed 
        statement on--
                  (A) the impact of the proposed rule on the 
                reliable operation of the bulk-power system;
                  (B) any adverse effects on the reliable 
                operation of the bulk-power system if the 
                proposed rule was implemented; and
                  (C) alternatives to cure the identified 
                adverse reliability impacts, including, at the 
                discretion of the regional entity, a no-action 
                alternative.
          (5) Submission to commission.--On completion of a 
        reliability impact statement under paragraph (1) or 
        (2), the regional entity or a committee of affected 
        regional entities convened under paragraph (3) shall 
        submit to the Commission the reliability impact 
        statement.
          (6) Transmittal to head of federal agency.--On 
        receipt of a reliability impact statement submitted to 
        the Commission under paragraph (5), the Commission 
        shall transmit to the head of the applicable Federal 
        agency the reliability impact statement prepared under 
        this subsection for inclusion in the public record.
          (7) Inclusion of detailed response in final rule.--
        With respect to a final major rule subject to a 
        reliability impact statement prepared under paragraph 
        (1) or (2), the head of the Federal agency shall--
                  (A) consider the reliability impact 
                statement;
                  (B) give due weight to the technical 
                expertise of the regional entity with respect 
                to matters that are the subject of the 
                reliability impact statement; and
                  (C) include in the final rule a detailed 
                response to the reliability impact statement 
                that reasonably addresses the detailed 
                statements required under paragraph (4).

           *       *       *       *       *       *       *


SEC. 224. CYBERSECURITY THREATS.

    (a) Definitions.--In this section:
          (1) Bulk-power system.--The term ``bulk-power 
        system'' has the meaning given the term in section 215.
          (2) Critical electric infrastructure.--The term 
        ``critical electric infrastructure'' means a system or 
        asset of the bulk-power system, whether physical or 
        virtual, the incapacity or destruction of which would 
        negatively affect national security, economic security, 
        public health or safety, or any combination of those 
        matters.
          (3) Critical electric infrastructure information.--
                  (A) In general.--The term ``critical electric 
                infrastructure information'' means information 
                related to critical electric infrastructure, or 
                proposed critical electric infrastructure, 
                generated by or provided to the Commission or 
                other Federal agency, other than classified 
                national security information, that is 
                designated as critical electric infrastructure 
                information by the Commission under subsection 
                (d)(2).
                  (B) Inclusions.--The term ``critical electric 
                infrastructure information'' includes 
                information that qualifies as critical energy 
                infrastructure information under regulations 
                promulgated by the Commission.
          (4) Cybersecurity threat.--The term ``cybersecurity 
        threat'' means the imminent danger of an act that 
        severely disrupts, attempts to severely disrupt, or 
        poses a significant risk of severely disrupting the 
        operation of programmable electronic devices or 
        communications networks (including hardware, software, 
        and data) essential to the reliable operation of the 
        bulk-power system.
          (5) Electric reliability organization.--The term 
        ``Electric Reliability Organization'' has the meaning 
        given the term in section 215.
          (6) Regional entity.--The term ``regional entity'' 
        has the meaning given the term in section 215.
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
    (b) Emergency Authority of Secretary.--
          (1) In general.--If the President notifies the 
        Secretary that the President has made a determination 
        that immediate action is necessary to protect the bulk-
        power system from a cybersecurity threat, the Secretary 
        may require, by order and with or without notice, any 
        entity that is registered with the Electric Reliability 
        Organization as an owner, operator, or user of the 
        bulk-power system to take such actions as the Secretary 
        determines will best avert or mitigate the 
        cybersecurity threat.
          (2) Written explanation.--As soon as practicable 
        after notifying the Secretary under paragraph (1), the 
        President shall--
                  (A) provide to the Secretary, in writing, a 
                record of the determination and an explanation 
                of the reasons for the determination; and
                  (B) promptly notify, in writing, 
                congressional committees of relevant 
                jurisdiction, including the Committee on Energy 
                and Commerce of the House of Representatives 
                and the Committee on Energy and Natural 
                Resources of the Senate, of the contents of, 
                and justification for, the directive or 
                determination.
          (3) Coordination with canada and mexico.--In 
        exercising the authority pursuant to this subsection, 
        the Secretary is encouraged to consult and coordinate 
        with the appropriate officials in Canada and Mexico 
        responsible for the protection of cybersecurity of the 
        interconnected North American electricity grid.
          (4) Consultation.--Before exercising authority 
        pursuant to this subsection, to the maximum extent 
        practicable, taking into consideration the nature of an 
        identified cybersecurity threat and the urgency of need 
        for action, the Secretary shall consult regarding 
        implementation of actions that will effectively address 
        the cybersecurity threat with--
                  (A) any entities potentially subject to the 
                cybersecurity threat that own, control, or 
                operate bulk-power system facilities;
                  (B) the Electric Reliability Organization;
                  (C) the Electricity Sub-sector Coordinating 
                Council (as established by the Electric 
                Reliability Organization); and
                  (D) officials of other Federal departments 
                and agencies, as appropriate.
          (5) Cost recovery.--
                  (A) In general.--The Commission shall adopt 
                regulations that permit entities subject to an 
                order under paragraph (1) to seek recovery of 
                prudently incurred costs required to implement 
                actions ordered by the Secretary under this 
                subsection.
                  (B) Requirements.--Any rate or charge 
                approved under regulations adopted pursuant to 
                this paragraph--
                          (i) shall be just and reasonable; and
                          (ii) shall not be unduly 
                        discriminatory or preferential.
    (c) Duration of Emergency Orders.--An order issued by the 
Secretary pursuant to subsection (b) shall remain in effect for 
not longer than the 30-day period beginning on the effective 
date of the order, unless, during that 30 day-period, the 
Secretary--
          (1) provides to interested persons an opportunity to 
        submit written data, recommendations, and arguments; 
        and
          (2) affirms, amends, or repeals the order, subject to 
        the condition that an amended order shall not exceed a 
        total duration of 90 days.
    (d) Protection and Sharing of Critical Electric 
Infrastructure.--
          (1) Protection of critical electric infrastructure.--
        Critical electric infrastructure information--
                  (A) shall be exempt from disclosure under 
                section 552(b)(3) of title 5, United States 
                Code; and
                  (B) shall not be made available by any State, 
                political subdivision, or tribal authority 
                pursuant to any State, political subdivision, 
                or tribal law requiring disclosure of 
                information or records.
          (2) Designation and sharing of critical electric 
        infrastructure information.--Not later than 1 year 
        after the date of enactment of this section, the 
        Commission, in consultation with the Secretary of 
        Energy, shall promulgate such regulations and issue 
        such orders as necessary--
                  (A) to designate critical electric 
                infrastructure information;
                  (B) to prohibit the unauthorized disclosure 
                of critical electric infrastructure 
                information; and
                  (C) to ensure there are appropriate sanctions 
                in place for Commissioners, officers, 
                employees, or agents of the Commission who 
                knowingly and willfully disclose critical 
                electric infrastructure information in a manner 
                that is not authorized under this section;
          (3) Considerations.--In promulgating regulations and 
        issuing orders under paragraph (2), the Commission 
        shall take into consideration the role of State 
        commissions in--
                  (A) reviewing the prudence and cost of 
                investments;
                  (B) determining the rates and terms of 
                conditions for electric services; and (C) 
                ensuring the safety and reliability of the 
                bulk-power system and distribution facilities 
                within the respective jurisdictions of the 
                State commissions.
        (4) No required sharing of information.--Nothing in 
        this section requires a person or entity in possession 
        of critical electric infrastructure information to 
        share the information with Federal, State, political 
        subdivision, or tribal authorities, or any other person 
        or entity.
          (5) Disclosure of noncritical electric infrastructure 
        information--In carrying out this section, the 
        Commission shall segregate critical electric 
        infrastructure information within documents and 
        electronic communications, wherever feasible, to 
        facilitate disclosure of information that is not 
        designated as critical electric infrastructure 
        information.

           *       *       *       *       *       *       *

                              ----------                              


               FARM SECURITY RURAL INVESTMENT ACT OF 2002

Public Law 107-171, as amended

           *       *       *       *       *       *       *



TITLE IX--ENERGY

           *       *       *       *       *       *       *


SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT.

    (a) Definitions.--In this section:
          (1) Biobased product.--The term ``biobased product'' 
        means--
                  (A) an industrial product (including 
                chemicals, materials, and polymers) produced 
                from biomass; or
                  (B) a commercial or industrial product 
                (including animal feed and electric power) 
                derived in connection with the conversion of 
                biomass to fuel.
          (2) Bio-power.--The term ``bio-power'' means the use 
        of woody biomass to generate electricity.
          (3) Board.--The term ``Board'' means the Biomass 
        Research and Development Board.
          [(2)](4) Demonstration.--The term ``demonstration'' 
        means demonstration of technology in a pilot plant or 
        semi-works scale facility, including a plant or 
        facility located on a farm.
          [(3)](5) Initiative.--The term ``Initiative'' means 
        the Biomass Research and Development Initiative 
        established under subsection (e).

           *       *       *       *       *       *       *

    (c) Biomass Research and Development Board.-- 
          (1) Establishment.--There is established the Biomass 
        Research and Development Board to carry out the duties 
        described in paragraph (3).
          (2) Membership.--The Board shall consist of--
                  (A) the point of contacts of the Department 
                of Energy and the Department of Agriculture, 
                who shall serve as cochairpersons of the Board;
                  (B) a senior officer of each of the 
                Department of the Interior, the Environmental 
                Protection Agency, the National Science 
                Foundation, and the Office of Science and 
                Technology Policy, each of whom shall have a 
                rank that is equivalent to the rank of the 
                points of contact; and
                  (C) at the option of the Secretary of 
                Agriculture and the Secretary of Energy, other 
                members appointed by the Secretaries (after 
                consultation with the Board).
          (3) Duties.--The Board shall--
                  (A) coordinate research and development 
                activities relating to [biofuels and biobased 
                products] biofuels, biobased products, bio-
                power, and woody biomass heat projects-- 

           *       *       *       *       *       *       *

    (f) Woody Biomass Heat and Bio-Power Grants.-- 
          (1) Establishment.--The Secretary of Agriculture and 
        the Secretary of Energy, in consultation with the 
        Board, shall establish a program under which the 
        Secretary of Agriculture and the Secretary of Energy 
        shall provide grants to relevant projects to support 
        innovation and market development in woody biomass heat 
        and bio-power.
          (2) Applications.--To be eligible to receive a grant 
        under this subsection, the owner or operator of a 
        relevant project shall submit to the Secretary of 
        Agriculture and the Secretary of Energy an application 
        at such time, in such manner, and containing such 
        information as the Secretary of Agriculture and the 
        Secretary of Energy may require.
          (3) Allocation.--Of the amounts appropriated to carry 
        out this subsection, the Secretary of Agriculture and 
        the Secretary of Energy shall not provide more than--
                  (A) $15,000,000 for projects that develop 
                innovative techniques for preprocessing biomass 
                for woody biomass heat and bio-power, with the 
                goals of lowering the costs of--
                          (i) distributed preprocessing 
                        technologies, including technologies 
                        designed to promote densification, 
                        torrefaction, and the broader 
                        commoditization of bioenergy 
                        feedstocks; and
                          (ii) transportation; and
                  (B) $15,000,000 for innovative woody biomass 
                heat and bio-power demonstration projects, 
                including--
                          (i) district energy projects;
                          (ii) innovation in transportation; 
                        and
                          (iii) projects addressing the 
                        challenges of retrofitting existing 
                        coal-fired electricity generation 
                        facilities to use biomass.
          (4) Regional distribution.--In selecting projects to 
        receive grants under this subsection, the Secretary of 
        Agriculture and the Secretary of Energy shall ensure, 
        to the maximum extent practicable, diverse geographical 
        distribution among the projects.
          (5) Cost share.--The Federal share of the cost of a 
        project carried out using a grant under this subsection 
        shall be 50 percent.
          (6) Duties of recipients.--As a condition of 
        receiving a grant under this subsection, the owner or 
        operator of a project shall--
                  (A) participate in the applicable working 
                group under paragraph (7);
                  (B) submit to the Secretary of Agriculture 
                and the Secretary of Energy a report that 
                includes--
                          (i) a description of the project and 
                        any relevant findings; and
                          (ii) such other information as the 
                        Secretary of Agriculture and the 
                        Secretary of Energy determine to be 
                        necessary to complete the report of the 
                        Secretary under paragraph (9); and
                  (C) carry out such other activities as the 
                Secretary of Agriculture and the Secretary of 
                Energy determine to be necessary.
          (7) Working groups.--The Secretary of Agriculture and 
        the Secretary of Energy shall establish 2 working 
        groups to share best practices and collaborate in 
        project implementation, of which--
                  (A) 1 shall be comprised of representatives 
                of projects that receive grants under paragraph 
                (3)(A); and
                  (B) 1 shall be comprised of representatives 
                of projects that receive grants under paragraph 
                (3)(B).
          (8) Inclusion of oilseed crops.--A grant may be 
        provided under this subsection to relevant projects to 
        support innovation and market development in oilseed 
        crops.
          (9) Reports.--Not later than 5 years after the date 
        of enactment of this Act, the Secretary of Agriculture 
        and the Secretary of Energy shall submit to Congress a 
        report describing--
                  (A) each project for which a grant has been 
                provided under this subsection;
                  (B) any findings as a result of those 
                projects; and
                  (C) the state of market and technology 
                development, including market barriers and 
                opportunities.
    [(f)](g) Administrative Support and Funds.-- 
          (1) In general.--The Secretary of Energy and the 
        Secretary of Agriculture may provide such 
        administrative support and funds of the Department of 
        Energy and the Department of Agriculture to the Board 
        and the Advisory Committee as are necessary to enable 
        the Board and the Advisory Committee to carry out their 
        duties under this section.
          (2) Other agencies.--The heads of the agencies 
        referred to in subsection (c)(2)(B), and the other 
        members of the Board appointed under subsection 
        (c)(2)(C), are encouraged to provide administrative 
        support and funds of their respective agencies to the 
        Board and the Advisory Committee.
          (3) Limitation.--Not more than 4 percent of the 
        amount made available for each fiscal year under 
        subsection (h) may be used to pay the administrative 
        costs of carrying out this section.
    [(g)](h) Reports.--For each fiscal year for which funds are 
made available to carry out this section, the Secretary of 
Energy and the Secretary of Agriculture shall jointly submit to 
Congress a detailed report on--
          (1) the status and progress of the Initiative, 
        including a report from the Advisory Committee on 
        whether funds appropriated for the Initiative have been 
        distributed and used in a manner that is consistent 
        with the objectives and requirements of this section;
          (2) the general status of cooperation and research 
        and development efforts carried out at each agency with 
        respect to biofuels and biobased products; and
          (3) the plans of the Secretary of Energy and the 
        Secretary of Agriculture for addressing concerns raised 
        in the report, including concerns raised by the 
        Advisory Committee.
    [(h)](i) Funding.--
          (1) Mandatory funding.--Of the funds of the Commodity 
        Credit Corporation, the Secretary of Agriculture shall 
        use to carry out this section, to remain available 
        until expended--
                  (A) $20,000,000 for fiscal year 2009;
                  (B) $28,000,000 for fiscal year 2010;
                  (C) $30,000,000 for fiscal year 2011;
                  (D) $40,000,000 for fiscal year 2012; and
                  (E) $3,000,000 for each of fiscal years 2014 
                through 2017.
          (2) Discretionary funding.--In addition to any other 
        funds made available to carry out this section, there 
        is authorized to be appropriated to carry out this 
        section $20,000,000 for each of fiscal years 2014 
        through 2018.

           *       *       *       *       *       *       *


                      GEOTHERMAL STEAM ACT OF 1970

Public Law 109-58, as amended

           *       *       *       *       *       *       *



SEC. 4. LEASING PROCEDURES.

    (a) Nominations.--The Secretary shall accept nominations of 
land to be leased at any time from qualified companies and 
individuals under this Act.
    (b) Competitive Lease Sale Required.-- 
          (1) In general.--Except as otherwise specifically 
        provided by this Act, all land to be leased that is not 
        subject to leasing under subsection (c) shall be leased 
        as provided in this subsection to the highest 
        responsible qualified bidder, as determined by the 
        Secretary.
          (2) Competitive lease sales.--The Secretary shall 
        hold a competitive lease sale at least once every 2 
        years for land in a State that has nominations pending 
        under subsection (a) if the land is otherwise available 
        for leasing.
          (3) Lands subject to mining claims.--Lands that are 
        subject to a mining claim for which a plan of 
        operations has been approved by the relevant Federal 
        land management agency may be available for 
        noncompetitive leasing under this section to the mining 
        claim holder.
          (4) Land subject to oil and gas lease.--Land under an 
        oil and gas lease issued pursuant to the Mineral 
        Leasing Act (30 U.S.C. 181 et seq.) or the Mineral 
        Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) 
        that is subject to an approved application for permit 
        to drill and from which oil and gas production is 
        occurring may be available for noncompetitive leasing 
        under this section to the holder of the oil and gas 
        lease--
                  (A) on a determination that--
                          (i) geothermal energy will be 
                        produced from a well producing or 
                        capable of producing oil and gas; and
                          (ii) national energy security will be 
                        improved by the issuance of such a 
                        lease; and
                  (B) to provide for the coproduction of 
                geothermal energy with oil and gas.
          (5) Adjoining land.-- 
                  (A) Definitions.--In this paragraph:
                          (i) Fair market value per acre.--The 
                        term `fair market value per acre' means 
                        a dollar amount per acre that--
                                  (I) except as provided in 
                                this clause, shall be equal to 
                                the market value per acre 
                                (taking into account the 
                                determination under 
                                subparagraph (B)(iii) regarding 
                                a valid discovery on the 
                                adjoining land), as determined 
                                by the Secretary under 
                                regulations issued under this 
                                paragraph;
                                  (II) shall be determined by 
                                the Secretary with respect to a 
                                lease under this paragraph, by 
                                not later than the end of the 
                                180-day period beginning on the 
                                date the Secretary receives an 
                                application for the lease; and
                                  (III) shall be not less than 
                                the greater of--
                                          (aa) 4 times the 
                                        median amount paid per 
                                        acre for all land 
                                        leased under this Act 
                                        during the preceding 
                                        year; or
                                          ``(bb) $50.
                          (ii) Industry standards.--The term 
                        ``industry standards'' means the 
                        standards by which a qualified 
                        geothermal professional assesses 
                        whether downhole or flowing temperature 
                        measurements with indications of 
                        permeability are sufficient to produce 
                        energy from geothermal resources, as 
                        determined through flow or injection 
                        testing or measurement of lost 
                        circulation while drilling.
                          (iii) Qualified federal land.--The 
                        term ``qualified Federal land'' means 
                        land that is otherwise available for 
                        leasing under this Act.
                          (iv) Qualified geothermal 
                        professional.--The term ``qualified 
                        geothermal professional'' means an 
                        individual who is an engineer or 
                        geoscientist in good professional 
                        standing with at least 5 years of 
                        experience in geothermal exploration, 
                        development, or project assessment.
                          (v) Qualified lessee.--The term 
                        ``qualified lessee'' means a person 
                        that is eligible to hold a geothermal 
                        lease under this Act (including 
                        applicable regulations).
                          (vi) Valid discovery.--The term 
                        `valid discovery' means a discovery of 
                        a geothermal resource by a new or 
                        existing slim hole or production well, 
                        that exhibits downhole or flowing 
                        temperature measurements with 
                        indications of permeability that are 
                        sufficient to meet industry standards.
                  (B) Authority.--An area of qualified Federal 
                land that adjoins other land for which a 
                qualified lessee holds a legal right to develop 
                geothermal resources may be available for a 
                noncompetitive lease under this section to the 
                qualified lessee at the fair market value per 
                acre, if--
                          (i) the area of qualified Federal 
                        land--
                                  (I) consists of not less than 
                                1 acre and not more than 640 
                                acres; and
                                  (II) is not already leased 
                                under this Act or nominated to 
                                be leased under subsection (a);
                          (ii) the qualified lessee has not 
                        previously received a noncompetitive 
                        lease under this paragraph in 
                        connection with the valid discovery for 
                        which data has been submitted under 
                        clause (iii)(I); and
                          (iii) sufficient geological and other 
                        technical data prepared by a qualified 
                        geothermal professional has been 
                        submitted by the qualified lessee to 
                        the applicable Federal land management 
                        agency that would lead individuals who 
                        are experienced in the subject matter 
                        to believe that--
                                  (I) there is a valid 
                                discovery of geothermal 
                                resources on the land for which 
                                the qualified lessee holds the 
                                legal right to develop 
                                geothermal resources; and
                                  (II) that thermal feature 
                                extends into the adjoining 
                                areas.
                  (C) Determination of fair market value.-- 
                          (i) In general.--The Secretary 
                        shall--
                                  (I) publish a notice of any 
                                request to lease land under 
                                this paragraph;
                                  (II) determine fair market 
                                value for purposes of this 
                                paragraph in accordance with 
                                procedures for making those 
                                determinations that are 
                                established by regulations 
                                issued by the Secretary;
                                  (III) provide to a qualified 
                                lessee and publish, with an 
                                opportunity for public comment 
                                for a period of 30 days, any 
                                proposed determination under 
                                this subparagraph of the fair 
                                market value of an area that 
                                the qualified lessee seeks to 
                                lease under this paragraph; and
                                  (IV) provide to the qualified 
                                lessee and any adversely 
                                affected party the opportunity 
                                to appeal the final 
                                determination of fair market 
                                value in an administrative 
                                proceeding before the 
                                applicable Federal land 
                                management agency, in 
                                accordance with applicable law 
                                (including regulations).
                          (ii) Limitation on nomination.--After 
                        publication of a notice of request to 
                        lease land under this paragraph, the 
                        Secretary may not accept under 
                        subsection (a) any nomination of the 
                        land for leasing unless the request has 
                        been denied or withdrawn.
                          (iii) Annual rental.--For purposes of 
                        section 5(a)(3), a lease awarded under 
                        this paragraph shall be considered a 
                        lease awarded in a competitive lease 
                        sale.
                  (D) Regulations.--Not later than 270 days 
                after the date of enactment of the Energy 
                Policy Modernization Act of 2015, the Secretary 
                shall issue regulations to carry out this 
                paragraph.

           *       *       *       *       *       *       *


SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.

    (a) Definitions.--In this section:
          (1) Covered land.--The term ``covered land'' means 
        land that is--
                  (A) subject to geothermal leasing in 
                accordance with section 3; and
                  (B) not excluded from the development of 
                geothermal energy under--
                          (i) a final land use plan established 
                        under the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 
                        et seq.);
                          (ii) a final land and resource 
                        management plan established under the 
                        National Forest Management Act of 1976 
                        (16 U.S.C. 1600 et seq.); or
                          (iii) any other applicable law.
          (2) secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary of Agriculture (acting 
                through the Chief of the Forest Service), with 
                respect to National Forest System land; and
                  (B) the Secretary, with respect to land 
                managed by the Bureau of Land Management 
                (including land held for the benefit of an 
                Indian tribe).
    (b) NEPA Review of Geothermal Exploration Test Projects.-- 
          (1) In general.--An eligible activity described in 
        paragraph (2) carried out on covered land shall be 
        considered an action categorically excluded from the 
        requirements for an environmental assessment or an 
        environmental impact statement under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) or section 1508.4 of title 40, Code of Federal 
        Regulations (or a successor regulation) if--
                  (A) the action is for the purpose of 
                geothermal resource exploration operations; and
                  (B) the action is conducted pursuant to this 
                Act.
          (2) Eligible activity.--An eligible activity referred 
        to in paragraph (1) is--
                  (A) a geophysical exploration activity that 
                does not require drilling, including a seismic 
                survey;
                  (B) the drilling of a well to test or explore 
                for geothermal resources on land leased by the 
                Secretary concerned for the development and 
                production of geothermal resources that--
                          (i) is carried out by the holder of 
                        the lease;
                          (ii) causes--
                                  (I) fewer than 5 acres of 
                                soil or vegetation disruption 
                                at the location of each 
                                geothermal exploration well; 
                                and
                                  (II) not more than an 
                                additional 5 acres of soil or 
                                vegetation disruption during 
                                access or egress to the project 
                                site;
                          (iii) is completed in fewer than 90 
                        days, including the removal of any 
                        surface infrastructure from the project 
                        site; and
                          (iv) requires the restoration of the 
                        project site not later than 3 years 
                        after the date of completion of the 
                        project to approximately the condition 
                        that existed at the time the project 
                        began, unless--
                                  (I) the project site is 
                                subsequently used as part of 
                                energy development on the 
                                lease; or
                                  (II) the project--
                                          (aa) yields 
                                        geothermal resources; 
                                        and
                                          (bb) the use of the 
                                        geothermal resources 
                                        will be carried out 
                                        under another 
                                        geothermal generation 
                                        project in existence at 
                                        the time of the 
                                        discovery of the 
                                        geothermal resources; 
                                        or
                  (C) the drilling of a well to test or explore 
                for geothermal resources on land leased by the 
                Secretary concerned for the development and 
                production of geothermal resources that--
                          (i) causes an individual surface 
                        disturbance of fewer than 5 acres if--
                                  (I) the total surface 
                                disturbance on the leased land 
                                is not more than 150 acres; and
                                  (II) a site-specific analysis 
                                has been prepared under the 
                                National Environmental Policy 
                                Act of 1969 (42 U.S.C. 4321 et 
                                seq.);
                          (ii) involves the drilling of a 
                        geothermal well at a location or well 
                        pad site at which drilling has occurred 
                        within 5 years before the date of 
                        spudding the well; or
                          (iii) involves the drilling of a 
                        geothermal well in a developed field 
                        for which--
                                  (I) an approved land use plan 
                                or any environmental document 
                                prepared under the National 
                                Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) 
                                analyzed the drilling as a 
                                reasonably foreseeable 
                                activity; and
                                  (II) the land use plan or 
                                environmental document was 
                                approved within 10 years before 
                                the date of spudding the well.
          (3) Limitation based on extraordinary 
        circumstances.--The categorical exclusion established 
        under paragraph (1) shall be subject to extraordinary 
        circumstances in accordance with the Departmental 
        Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or 
        successor provisions).
    (c) Notice of Intent; Review and Determination.--
          (1) Requirement to provide notice.--Not later than 30 
        days before the date on which drilling begins, a 
        leaseholder intending to carry out an eligible activity 
        shall provide notice to the Secretary concerned.
          (2) Review of project.--Not later than 10 days after 
        receipt of a notice of intent provided under paragraph 
        (1), the Secretary concerned shall--
                  (A) review the project described in the 
                notice and determine whether the project is an 
                eligible activity; and
                  (B)(i) if the project is an eligible 
                activity, notify the leaseholder that under 
                subsection (b), the project is considered a 
                categorical exclusion under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and section 1508.4 of title 40, 
                Code of Federal Regulations (or a successor 
                regulation); or
                  (ii) if the project is not an eligible 
                activity--
                          (I) notify the leaseholder that 
                        section 102(2)(C) of the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4332(2)(C)) applies to the 
                        project;
                          (II) include in that notification 
                        clear and detailed findings on any 
                        deficiencies in the project that 
                        prevent the application of subsection 
                        (b) to the project; and
                          (III) provide an opportunity to the 
                        leaseholder to remedy the deficiencies 
                        described in the notification before 
                        the date on which the leaseholder plans 
                        to begin the project under paragraph 
                        (1).

           *       *       *       *       *       *       *

                              ----------                              


          METHANE HYDRATE RESEARCH AND DEVELOPMENT ACT OF 2000

Public Law 106-193, as amended

           *       *       *       *       *       *       *



SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.

           *       *       *       *       *       *       *


    [(b) Grants, Contracts, Cooperative Agreements, Interagency 
Funds Transfer Agreements, and Field Work Proposals.--
          [(1) Assistance and coordination.--In carrying out 
        the program of methane hydrate research and development 
        authorized by this section, the Secretary may award 
        grants to, or enter into contracts or cooperative 
        agreements with, institutions of higher education, 
        oceanographic institutions, and industrial enterprises 
        to--
                  [(A) conduct basic and applied research to 
                identify, explore, assess, and develop methane 
                hydrate as a commercially viable source of 
                energy;
                  [(B) identify methane hydrate resources 
                through remote sensing;
                  [(C) acquire and reprocess seismic data 
                suitable for characterizing methane hydrate 
                accumulations;
                  [(D) assist in developing technologies 
                required for efficient and environmentally 
                sound development of methane hydrate resources;
                  [(E) promote education and training in 
                methane hydrate resource research and resource 
                development through fellowships or other means 
                for graduate education and training;
                  [(F) conduct basic and applied research to 
                assess and mitigate the environmental impact of 
                hydrate degassing (including both natural 
                degassing and degassing associated with 
                commercial development);
                  [(G) develop technologies to reduce the risks 
                of drilling through methane hydrates; and
                  [(H) conduct exploratory drilling, well 
                testing, and production testing operations on 
                permafrost and non-permafrost gas hydrates in 
                support of the activities authorized by this 
                paragraph, including drilling of one or more 
                full-scale production test wells.
          [(2) Competitive peer review.--Funds made available 
        under paragraph (1) shall be made available based on a 
        competitive process using external scientific peer 
        review of proposed research.]
    (b) Grants, Contracts, Cooperative Agreements, Interagency 
Funds Transfer Agreements, and Field Work Proposals.--
          (1) Assistance and coordination.--In carrying out the 
        program of methane hydrate research and development 
        authorized by this section, the Secretary may award 
        grants to, or enter into contracts or cooperative 
        agreements with, institutions--
                  (A) to conduct basic and applied research--
                          (i) to identify, explore, assess, and 
                        develop methane hydrate as a 
                        commercially viable source of energy; 
                        and
                          (ii) to identify the environmental, 
                        health, and safety impacts of methane 
                        hydrate development;
                  (B) to identify and characterize methane 
                hydrate resources using remote sensing and 
                seismic data, including the characterization of 
                hydrate concentrations in marine reservoirs in 
                the Gulf of Mexico or the Atlantic Ocean Basin 
                by the date that is 4 years after the date of 
                enactment of the Energy Policy Modernization 
                Act of 2015;
                  (C) to develop technologies required for 
                efficient and environmentally sound development 
                of methane hydrate resources;
                  (D) to conduct basic and applied research to 
                assess and mitigate the environmental impact of 
                hydrate degassing (including natural degassing 
                and degassing associated with commercial 
                development);
                  (E) to develop technologies to reduce the 
                risks of drilling through methane hydrates;
                  (F) to conduct exploratory drilling, well 
                testing, and production testing operations on 
                permafrost and nonpermafrost gas hydrates in 
                support of the activities authorized by this 
                paragraph, including--
                          (i) drilling of a test well and 
                        performing a long-term hydrate 
                        production test on land in the United 
                        States Arctic region by the date that 
                        is 4 years after the date of enactment 
                        of the Energy Policy Modernization Act 
                        of 2015;
                          (ii) drilling of a test well and 
                        performing a long-term hydrate 
                        production test in a marine environment 
                        by the date that is 10 years after the 
                        date of enactment of the Energy Policy 
                        Modernization Act of 2015; and
                          (iii) drilling a full-scale 
                        production test well at a location to 
                        be determined by the Secretary; or
                  (G) to expand education and training programs 
                in methane hydrate resource research and 
                resource development through fellowships or 
                other means for graduate education and 
                training.
          (2) Environmental monitoring and research.--The 
        Secretary shall conduct a long-term environmental 
        monitoring and research program to study the effects of 
        production from methane hydrate reservoirs.
          (3) Competitive peer review.--Funds made available 
        under paragraphs (1) and (2) shall be made available 
        based on a competitive process using external 
        scientific peer review of proposed research.

           *       *       *       *       *       *       *

    (e) Responsibilities of the Secretary.--In carrying out 
[subsection (b)(1)] paragraphs (1) and (2) of subsection (b), 
the Secretary shall--

           *       *       *       *       *       *       *


[SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    [There are authorized to be appropriated to the Secretary 
to carry out this Act, to remain available until expended--
          [(1) $ 15,000,000 for fiscal year 2006;
          [(2) $ 20,000,000 for fiscal year 2007;
          [(3) $ 30,000,000 for fiscal year 2008;
          [(4) $ 40,000,000 for fiscal year 2009; and
          [(5) $ 50,000,000 for fiscal year 2010.]

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this 
Act $35,000,000 for each of fiscal years 2017 through 2021.

           *       *       *       *       *       *       *

                              ----------                              


                          MINERAL LEASING ACT

                  Act of February 25, 1920, as amended

 AN ACT To promote the mining of coal, phosphate, oil, oil shale, gas, 
                    and sodium on the public domain.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, * * *
    The term ``oil'' shall embrace * * *
    The term ``combined hydrocarbon lease'' shall refer * * *
    The term ``special tar sand area'' means * * *
    [The United States reserves the ownership of and the right 
to extract helium from all gas produced from lands leased or 
otherwise granted under the provisions of this Act, under such 
rules and regulations as shall be prescribed by the Secretary 
of the Interior: Provided further, That in the extraction of 
helium from gas produced from such lands it shall be so 
extracted as to cause no substantial delay in the delivery of 
gas produced from the well to the purchaser thereof.]

           *       *       *       *       *       *       *

                              ----------                              


                 MINERAL LEASING ACT FOR ACQUIRED LANDS

Public Law 80-382

           *       *       *       *       *       *       *



SEC. 12. RIGHTS TO HELIUM.

    Any lease issued under this Act that authorizes exploration 
for, or development or production of, gas shall be considered 
to grant to the lessee a right of first refusal to engage in 
exploration for, and development and production of, helium on 
land that is subject to the lease in accordance with 
regulations issued by the Secretary.

           *       *       *       *       *       *       *

                              ----------                              


                NATIONAL CRITICAL MATERIALS ACT OF 1984

Public Law 98-373, as amended

           *       *       *       *       *       *       *



                              SHORT TITLE

    [Sec. 201. This title may be cited as the ``National 
Critical Materials Act of 1984''.

                         [FINDINGS AND PURPOSES

    [Sec. 202. (a) The Congress finds that--
          [(1) the availability of adequate supplies of 
        strategic and critical industrial minerals and 
        materials continues to be essential for national 
        security, economic well-being, and industrial 
        production;
          [(2) the United States is increasingly dependent on 
        foreign sources of materials and vulnerable to supply 
        interruption in the case of many of those minerals and 
        materials essential to the Nation's defense and 
        economic well-being;
          [(3) together with increasing import dependence, the 
        Nation's industrial base, including the capacity to 
        process minerals and materials, is deteriorating--both 
        in terms of facilities and in terms of a trained labor 
        force;
          [(4) research, development, and technological 
        innovation, especially related to improved materials 
        and new processing technologies, are important factors 
        which affect our long-term capability for economic 
        competitiveness, as well as for adjustment to 
        interruptions in supply of critical minerals and 
        materials;
          [(5) while other nations have developed and 
        implemented specific long-term research and technology 
        programs to develop high-performance materials, no such 
        policy and program evolution has occurred in the United 
        States;
          [(6) establishing critical materials reserves, by 
        both the public and private sectors and with proper 
        organization and management, represents one means of 
        responding to the genuine risks to our economy and 
        national defense from dependency on foreign sources;
          [(7) there exists no single Federal entity with the 
        authority and responsibility for establishing critical 
        materials policy and for coordinating and implementing 
        that policy; and
          [(8) the importance of materials to national goals 
        requires an organizational means for establishing 
        responsibilities for materials programs and for the 
        coordination, within and at a suitably high level of 
        the Executive Office of the President, with other 
        existing policies within the Federal Government.
    [(b) It is the purpose of this title--
          [(1) to establish a National Critical Materials 
        Council under and reporting to the Executive Office of 
        the President which shall--
                  [(A) establish responsibilities for and 
                provide for necessary coordination of critical 
                materials policies, including all facets of 
                research and technology, among the various 
                agencies and departments of the Federal 
                Government, and make recommendations for the 
                implementation of such policies;
                  [(B) bring to the attention of the President, 
                the Congress, and the general public such 
                materials issues and concerns, including 
                research and development, as are deemed 
                critical to the economic and strategic health 
                of the Nation; and
                  [(C) ensure adequate and continuing 
                consultation with the private sector concerning 
                critical materials, materials research and 
                development, use of materials, Federal 
                materials policies, and related matters;
          [(2) to establish a national Federal program for 
        advanced materials research and technology, including 
        basic phenomena through processing and manufacturing 
        technology; and
          [(3) to stimulate innovation and technology 
        utilization in basic as well as advanced materials 
        industries.

       [ESTABLISHMENT OF THE NATIONAL CRITICAL MATERIALS COUNCIL

    [Sec. 203. There is hereby established a National Critical 
Materials Council (hereinafter referred to as the ``Council'') 
under and reporting to the Executive Office of the President. 
The Council shall be composed of three members who shall be 
appointed by the President and who shall serve at the pleasure 
of the President. Members so appointed who are not already 
Senate-confirmed officers of the Government shall be appointed 
by and with the advice and consent of the Senate. The President 
shall designate one of the members to serve as Chairman. Each 
member shall be a person who, as a result of training, 
experience, and achievement, is qualified to carry out the 
duties and functions of the Council, with particular emphasis 
placed on fields relating to materials policy or materials 
science and engineering. In addition, at least one of the 
members shall have a background in and understanding of 
environmentally related issues.

            [RESPONSIBILITIES AND AUTHORITIES OF THE COUNCIL

    [Sec. 204. (a) It shall be the primary responsibility of 
the Council--
          [(1) to assist and advise the President in 
        establishing coherent national materials policies 
        consistent with other Federal policies, and making 
        recommendations necessary to implement such policies;
          [(2) to assist in establishing responsibilities for, 
        and to coordinate, Federal materials-related policies, 
        programs, and research and technology activities, as 
        well as recommending to the Office of Management and 
        Budget budget priorities for materials activities in 
        each of the Federal departments and agencies;
          [(3) to review and appraise the various programs and 
        activities of the Federal Government in accordance with 
        the policy and directions given in the National 
        Materials and Minerals Policy, Research and Development 
        Act of 1980 (30 U.S.C. 1601), and to determine the 
        extent to which such programs and activities are 
        contributing to the achievement of such policy and 
        directions;
          [(4) to monitor and evaluate the critical materials 
        needs of basic and advanced technology industries and 
        the Government, including the critical materials 
        research and development needs of the private and 
        public sectors;
          [(5) to advise the President of mineral and material 
        [materials] trends, both domestic and foreign, the 
        implications thereof for the United States and world 
        economies and the national security, and the probable 
        effects of such trends on domestic industries;
          [(6) to assess through consultation with the 
        materials academic community the adequacy and quality 
        of materials-related educational institutions and the 
        supply of materials scientists and engineers;
          [(7) to make or furnish such studies, analyses, 
        reports, and recommendations with respect to matters of 
        materials-related policy and legislation as the 
        President may request;
          [(8) (A) to prepare a report providing a domestic 
        inventory of critical materials with projections on the 
        prospective needs of Government and industry for these 
        materials, including a long-range assessment, prepared 
        in conjunction with the Office of Science and 
        Technology Policy in accordance with the National 
        Materials and Minerals Policy, Research and Development 
        Act of 1980, and in conjunction with such other 
        Government departments or agencies as may be considered 
        necessary, of the prospective major critical materials 
        problems which the United States is likely to confront 
        in the immediate years ahead and providing advice as to 
        how these problems may best be addressed, with the 
        first such report being due on April 1, 1985, and (B) 
        review and update such report and assessment as 
        appropriate and report thereon to the Congress at least 
        biennially; and
          [(9) to recommend to the Congress such changes in 
        current policies, activities, and regulations of the 
        Federal Government, and such legislation, as may be 
        considered necessary to carry out the intent of this 
        title and the National Materials and Minerals Policy, 
        Research and Development Act of 1980 .
    [(b) In carrying out its responsibilities under this 
section the Council shall have the authority--
          [(1) to establish such special advisory panels as it 
        considers necessary, with each such panel consisting of 
        representatives of industry, academia, and other 
        members of the private sector, not to exceed ten 
        members, and being limited in scope of subject and 
        duration; and
          [(2) to establish and convene such Federal 
        interagency committees as it considers necessary in 
        carrying out the intent of this title.
    [(c) In seeking to achieve the goals of this title and 
related Acts, the Council and other Federal departments and 
agencies with responsibilities or jurisdiction related to 
materials or materials policy, including the National Security 
Council, the Council on Environmental Quality, the Office of 
Management and Budget, and the Office of Science and Technology 
Policy, shall work collaboratively and in close cooperation.

   [PROGRAM AND POLICY FOR ADVANCED MATERIALS RESEARCH AND TECHNOLOGY

    [Sec. 205.(a) In addition to the responsibilities described 
in section 204, the Council shall be responsible for 
coordination with appropriate agencies and departments of the 
Federal Government relative to Federal materials research and 
development policies and programs. Such policies and programs 
shall be consistent with the policies and goals described in 
the National Materials and Minerals Policy, Research and 
Development Act of 1980. In carrying out this responsibility 
the Council shall--
          [(1) (A) establish a national Federal program plan 
        for advanced materials research and development, 
        recommend the designation of the key responsibilities 
        for carrying out such research, and to provide [and 
        provide] for coordination of this plan with the Office 
        of Science and Technology Policy, the Office of 
        Management and Budget, and such other Federal offices 
        and agencies as may be deemed appropriate, and (B) 
        annually review such plan and report thereon to the 
        Congress;
          [(2) review annually the materials research, 
        development, and technology authorization requests and 
        budgets of all Federal agencies and departments; and in 
        this activity the Council shall make recommendations, 
        in cooperation with the Office of Science and 
        Technology Policy, the Office of Management and Budget, 
        and all other Federal offices and agencies deemed 
        appropriate, to ensure close coordination of the goals 
        and directions of such programs with the policies 
        determined by the Council; and
          [(3) assist the Office of Science and Technology 
        Policy in the preparation of such long-range materials 
        assessments and reports as may be required by the 
        National Materials and Minerals Policy, Research and 
        Development Act of 1980, and assist other Federal 
        entities in the preparation of analyses and reporting 
        relating to critical and advanced materials.
    [(b) The Office of Management and Budget, in reviewing the 
materials research, development, and technology authorization 
requests of the various Federal departments and agencies for 
any fiscal year, and the recommendations of the Council, shall 
consider all of such requests and recommendations as an 
integrated, coherent, multiagency request which shall be 
reviewed by the Office of Management and Budget for its 
adherence to the national Federal materials program plan in 
effect for such fiscal year under subsection (a).

         [INNOVATION IN BASIC AND ADVANCED MATERIALS INDUSTRIES

    [Sec. 206. (a)(1) In order to promote the use of more cost-
effective, advanced technology and other means of providing for 
innovation and increased productivity within the basic and 
advanced materials industries, the Council shall evaluate and 
make recommendations regarding the establishment of Centers for 
Industrial Technology as provided in Public Law 96-480(15 
U.S.C. 3705).
    [(2) The activities of such Centers shall focus on, but not 
be limited to, the following generic materials areas: 
corrosion; welding and joining of materials; advanced 
processing and fabrication technologies; microfabrication; and 
fracture and fatigue.
    [(b) In order to promote better use and innovation of 
materials in design for improved safety or efficiency, the 
Council shall establish in cooperation with the appropriate 
Federal agencies and private industry, an effective mechanism 
for disseminating materials property data in an efficient and 
timely manner. In carrying out this responsibility, the Council 
shall consider, where appropriate, the establishment of a 
computerized system taking into account, to the maximum extent 
practicable, existing available resources.

              [COMPENSATION OF MEMBERS AND REIMBURSEMENTS

    [Sec. 207. (a) The Chairman of the Council, if not 
otherwise a paid officer or employee of the Federal Government, 
shall be paid at the rate not to exceed the rate of basic pay 
provided for level II of the Executive Schedule. The other 
members of the Council, if not otherwise paid officers or 
employees of the Federal Government, shall be paid at a per 
diem rate comparable to the rate not to exceed the rate of 
basic pay provided for level III of the Executive Schedule.
    [(b) Subject to existing law and regulations governing 
conflicts of interest, the Council may accept reimbursement 
from any private nonprofit organization or from any department, 
agency, or instrumentality of the Federal Government, from any 
State or local government, for reasonable travel expenses 
incurred by any member or employee of the Council in connection 
with such member's or employee's attendance at any conference, 
seminar, or similar meeting.

            [POSITION AND AUTHORITIES OF EXECUTIVE DIRECTOR

    [Sec. 208. (a) There shall be an Executive Director 
(hereinafter referred to as the ``Director''), who shall be 
chief administrator of the Council. The Director shall be 
appointed by the Council full time and shall be paid at the 
rate not to exceed the rate of basic pay provided for level III 
of the Executive Schedule.
    [(b) Personnel and services of experts and consultants; 
rules and regulations. The Director is authorized--
          [(1) to employ such personnel as may be necessary for 
        the Council to carry out its duties and functions under 
        this title, but not to exceed twelve compensated 
        employees;
          [(2) to obtain the services of experts and 
        consultants in accordance with the provisions of 
        section 3109 of title 5, United States Code; and
          [(3) to develop, subject to approval by the Council, 
        rules and regulations necessary to carry out the 
        purposes of this title.
    [(c) In exercising his responsibilities and duties under 
this title, the Director--
          [(1) may consult with representatives of academia, 
        industry, labor, State and local governments, and other 
        groups; and
          [(2) shall utilize to the fullest extent possible the 
        services, facilities, and information (including 
        statistical information) of public and private 
        agencies, organizations, and individuals.
    [(d) Notwithstanding section 367(b) of the Revised Statutes 
(31 U.S.C. 665(b)), the Council may utilize voluntary and 
uncompensated labor and services in carrying out its duties and 
functions.

              [RESPONSIBILITIES AND DUTIES OF THE DIRECTOR

    [Sec. 209. In carrying out his functions the Director shall 
assist and advise the Council on policies and programs of the 
Federal Government affecting critical and advanced materials 
by--
          [(1) providing the professional and administrative 
        staff and support for the Council;
          [(2) assisting the Federal agencies and departments 
        in appraising the effectiveness of existing and 
        proposed facilities, programs, policies, and activities 
        of the Federal Government, including research and 
        development, which affect critical materials 
        availability and needs;
          [(3) cataloging, as fully as possible, research and 
        development activities of the Government, private 
        industry, and public and private institutions; and
          [(4) initiating Government and private studies and 
        analyses, including those to be conducted by or under 
        the auspices of the Council, designed to advance 
        knowledge of critical or advanced materials issues and 
        develop alternative proposals, including research and 
        development, to resolve national critical materials 
        problems.

                               [AUTHORITY

    [Sec. 210. The Council is authorized--
          [(1) to establish such internal rules and regulations 
        as may be necessary for its operation;
          [(2) to enter into contracts and acquire materials 
        and supplies necessary for its operation to such extent 
        or in such amounts as are provided for in appropriation 
        Acts;
          [(3) to publish, consistent with title 44 of the 
        United States Code [44 USCS Sec. Sec. 101 et seq.], or 
        arrange to publish critical materials information that 
        it deems to be useful to the public and private 
        industry to the extent that such publication is 
        consistent with the national defense and economic 
        interest;
          [(4) to utilize such services or personnel as may be 
        provided to the Council on a nonreimbursable basis by 
        any agency of the United States; and
          [(5) to exercise such authorities as may be necessary 
        and incidental to carrying out its responsibilities and 
        duties under this title.

                    [AUTHORIZATION OF APPROPRIATIONS

    [Sec. 211. There are hereby authorized to be appropriated 
to carry out the provisions of this title a sum not to exceed $ 
500,000 for the fiscal year ending September 30, 1985, and such 
sums as may be necessary thereafter: Provided, That the 
authority provided for in this title shall expire on September 
30, 1992, unless otherwise authorized by Congress.

                              [DEFINITION

    [Sec. 212. As used in this title, the term ``materials'' 
has the meaning given it by section 2(b) of the National 
Materials and Minerals Policy, Research and Development Act of 
1980.]

           *       *       *       *       *       *       *

                              ----------                              


                NATIONAL ENERGY CONSERVATION POLICY ACT

Public Law 95-619, as amended

           *       *       *       *       *       *       *



SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.

           *       *       *       *       *       *       *


                TITLE II--RESIDENTIAL ENERGY CONSERVATION

     * * * * * * *

                          PART 4--MISCELLANEOUS

Sec. 251. Energy-conserving improvements for assisted housing.
Sec. 252. Energy conserving standards for newly constructed residential 
          housing insured by Federal Housing Administration or assisted 
          by Farmers Home Administration.
[Sec. 253. Residential energy efficiency standards study.]
[Sec. 254. Weatherization study.]
Sec. 255. Authorization for appropriations for new building performance 
          standards grants.
     * * * * * * *

         PART 6--RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES

Sec. 271. Voluntary rating guidelines.
Sec. 272. Technical assistance.
[Sec. 273. Report.]
     * * * * * * *

                   TITLE V--FEDERAL ENERGY INITIATIVES

     * * * * * * *

                    PART 3--FEDERAL ENERGY MANAGEMENT

Sec. 541. Findings.
Sec. 542. Purpose.
Sec. 543. Energy management requirements.
Sec. 544. Establishment and use of life cycle cost methods and 
          procedures.
Sec. 545. Budget treatment of energy conservation measures.
Sec. 546. Incentives for agencies.
Sec. 547. Interagency Energy Management Task Force.
Sec. 548. Reports.
Sec. 549. Demonstration of new technology.
[Sec. 550. Survey of energy saving potential.]
Sec. 551. Definitions.
Sec. 552. Energy and water savings measures in congressional buildings.
Sec. 553. Federal procurement of energy efficient products

               [PART 4--FEDERAL PHOTOVOLTAIC UTILIZATION]

[Sec. 561. Short title of part.]
[Sec. 562. Definitions.]
[Sec. 563. Photovoltaic energy program.
[Sec. 564. Purpose of program.]
[Sec. 565. Acquisition of systems.]
[Sec. 566. Administration.]
[Sec. 567. System evaluation and purchase program.]
[Sec. 568. Advisory committee.]
[Sec. 569. Authorization of appropriations.]
[Sec. 570. Use of photovoltaic energy in public buildings.]

                     [PART 5--PEAK DEMAND REDUCTION]

[Sec. 571. National Action Plan for Demand Response.]

           *       *       *       *       *       *       *


[SEC. 253. RESIDENTIAL ENERGY EFFICIENCY STANDARDS STUDY.

    [(a) General Authority.--The Secretary of Housing and Urban 
Development (hereinafter in this section referred to as the 
``Secretary'') shall, in coordination with the Secretary of 
Agriculture, the Secretary of the Treasury, the Secretary of 
Veterans Affairs, the Secretary of Energy, and such other 
representatives of Federal, State, and local governments as the 
Secretary shall designate, conduct a study, utilizing the 
services of the National Institute of Building Sciences 
pursuant to appropriate contractual arrangements, for the 
purpose of determining the need for, the feasibility of, and 
the problems of requiring, by mandatory Federal action, that 
all residential dwelling units meet applicable energy efficient 
standards. The subjects to be examined shall include, but not 
be limited to, mandatory notification to purchasers, and 
policies to prohibit exchange or sale, of properties which do 
not conform to such standards.
    [(b) Specific Factors.--In conducting such study, the 
Secretary shall consider at least the following factors--
          [(1) the extent to which such requirement would 
        protect a prospective purchaser from the uncertainty of 
        not knowing the energy efficiency of the property he 
        proposes to purchase;
          [(2) the extent to which such requirement would 
        contribute to the Nation's energy conservation goals;
          [(3) the extent to which such a requirement would 
        affect the real estate, home building, and mortgage 
        banking industries;
          [(4) the sanctions which might be necessary to make 
        such a requirement effective and the administrative 
        impediments there might be to enforcement of such 
        sanctions;
          [(5) the possible impact on sellers and purchasers as 
        a result of the implementation of mandatory Federal 
        actions, taking into account the experience of the 
        Federal Government in imposing mandatory requirements 
        concerning the purchase and sale of real property as 
        occurred under the Real Estate Settlement Procedures 
        Act of 1974 and the Federal Disaster Protection Act of 
        1973;
          [(6) an analysis of the effect of such a requirement 
        on the economy as a whole and on the Nation's security 
        as compared to the impact on the credit and housing 
        markets caused by such a requirement;
          [(7) the effect of such a requirement on availability 
        of credit in the housing industry;
          [(8) the extent to which the imposition of mandatory 
        Federal requirements would temporarily reduce the 
        number of residential dwellings available for sale and 
        the resulting effect of such mandatory actions on the 
        price of those remaining dwelling units eligible for 
        sale; and
          [(9) the possible uncertainty, during the period of 
        developing the standards, as to what standards might be 
        imposed and any resulting effect on major housing 
        rehabilitation efforts and voluntary efforts for energy 
        conservation.
    [(c) Comments and Findings by Secretary of Energy.--The 
Secretary shall incorporate into such study comments by the 
Secretary of Energy on the effects on the economy as a whole 
and on the Nation's security which may result from the 
requirement described in subsection (a) as compared to the 
impact on the credit and housing markets likely to be caused by 
such a requirement. In addition, the Secretary shall 
incorporate into such study the following findings by the 
Secretary of Energy:
          [(1) the savings in energy costs resulting from the 
        requirement described in subsection (a) throughout the 
        estimated remaining useful life of the existing 
        residential buildings to which such requirement would 
        apply; and
          [(2) the total cost per barrel of oil equivalent, in 
        obtaining the energy savings likely to result from such 
        requirement, computed for each class of existing 
        residential buildings to which such requirement would 
        apply.
    [(d) Report Date.--The Secretary shall report, no later 
than one year after the date of enactment of this section, to 
both Houses of the Congress with regard to the findings made as 
a result of such study along with any recommendations for 
legislative proposals which the Secretary determines should be 
enacted with respect to the subject of such study.]

[SEC. 254. WEATHERIZATION STUDY.

    [The President shall conduct a study which shall monitor 
the weatherization activities authorized by this Act and 
amendments made thereby and those weatherization activities 
undertaken, independently of this Act and such amendments. The 
President shall report to the Congress within one year from the 
date of enactment of this Act, and annually thereafter, 
concerning--
          [(1) the extent of progress being made through 
        weatherization activities toward the achievement of 
        national energy conservation goals;
          [(2) adequacy and costs of materials necessary for 
        weatherization activities; and
          [(3) the need for and desirability of modifying 
        weatherization activities authorized by this Act, and 
        amendments made thereby and of extending such 
        activities to a broader range of income groups than are 
        being assisted under this Act and such amendments.]

           *       *       *       *       *       *       *


[SEC. 273. REPORT.

    [Not later than 3 years after the date of the enactment of 
the Energy Policy Act of 1992, the Secretary shall transmit to 
the President and the Congress a final report containing--
          [(1) a description of actions taken by the Secretary 
        and other Federal agencies to implement this part;
          [(2) a description of the action taken by States, 
        local governments, and other organizations to implement 
        the voluntary guidelines issued under section 271 and 
        any problems encountered in implementing such 
        guidelines; and
          [(3) recommendations on the feasibility of requiring, 
        as a prerequisite to receiving federally assisted, 
        guaranteed, or insured mortgages, the achievement of a 
        minimum energy efficiency rating.]

           *       *       *       *       *       *       *


SEC. 543. ENERGY MANAGEMENT REQUIREMENTS.

           *       *       *       *       *       *       *


    (d) Implementation Steps.--The Secretary shall consult with 
the Secretary of Defense and the Administrator of General 
Services in developing guidelines for the implementation of 
this part. To meet the requirements of this section, each 
agency shall--
          (1) prepare and submit to the Secretary, not later 
        than December 31, 1993, a plan describing how the 
        agency intends to meet such requirements, including how 
        it will--
                  (A) designate personnel primarily responsible 
                for achieving such requirements;
                  (B) identify high priority projects through 
                calculation of payback periods;
                  (C) take maximum advantage of contracts 
                authorized under title VIII of this Act, of 
                financial incentives and other services 
                provided by utilities for efficiency 
                investment, and of other forms of financing to 
                reduce the direct costs to the Government; and
                  (D) otherwise implement this part;
          (2) perform energy surveys of its Federal buildings 
        to the extent necessary and update such surveys as 
        needed[, incorporating any relevant information 
        obtained from the survey conducted pursuant to section 
        550];
          (3) using such surveys, determine the cost and 
        payback period of energy and water conservation 
        measures likely to achieve the requirements of this 
        section;
          (4) install energy and water conservation measures 
        that will achieve the requirements of this section 
        through the methods and procedures established pursuant 
        to section 544; and
          (5) ensure that the operation and maintenance 
        procedures applied under this section are continued.

           *       *       *       *       *       *       *

    (f) Use of Energy and Water Efficiency Measures in Federal 
Buildings.--

           *       *       *       *       *       *       *

          (4) Implementation of identified energy and water 
        efficiency measures.--[Not later than]
                  (A) In general.--Not later than 2 years after 
                the completion of each evaluation under 
                paragraph (3), each energy manager may--
                          [(A)](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
                          [(B)](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.

           *       *       *       *       *       *       *

    (h) Federal Implementation Strategy for Energy-Efficient 
and Energy-Saving Information Technologies.--
          (1) Definitions.--In this subsection:
                  (A) Director.--The term ``Director'' means 
                the Director of the Office of Management and 
                Budget.
                  (B) Information technology.--The term 
                ``information technology'' has the meaning 
                given the term in section 11101 of title 40, 
                United States Code.
          (2) Development of implementation strategy.--Not 
        later than 1 year after the date of enactment of this 
        subsection, each Federal agency shall collaborate with 
        the Director to develop an implementation strategy 
        (including best-practices and measurement and 
        verification techniques) for the maintenance, purchase, 
        and use by the Federal agency of energy-efficient and 
        energy-saving information technologies.
          (3) Administration.--In developing an implementation 
        strategy, each Federal agency shall consider--
                  (A) advanced metering infrastructure;
                  (B) energy efficient data center strategies 
                and methods of increasing asset and 
                infrastructure utilization;
                  (C) advanced power management tools;
                  (D) building information modeling, including 
                building energy management; and
                  (E) secure telework and travel substitution 
                tools.
          (4) Performance goals.--
                  (A) In general.--Not later than September 30, 
                2015, the Director, in consultation with the 
                Secretary, shall establish performance goals 
                for evaluating the efforts of Federal agencies 
                in improving the maintenance, purchase, and use 
                of energy-efficient and energy-saving 
                information technology systems.
                  (B) Best practices.--The Chief Information 
                Officers Council established under section 3603 
                of title 44, United States Code, shall 
                supplement the performance goals established 
                under this paragraph with recommendations on 
                best practices for the attainment of the 
                performance goals, to include a requirement for 
                agencies to consider the use of--
                          (i) energy savings performance 
                        contracting; and
                          (ii) utility energy services 
                        contracting.
          (5) Reports.--
                  (A) Agency reports.--Each Federal agency 
                subject to the requirements of this subsection 
                shall include in the report of the agency under 
                section 527 of the Energy Independence and 
                Security Act of 2007 (42 U.S.C. 17143) a 
                description of the efforts and results of the 
                agency under this subsection.
                  (B) OMB government efficiency reports and 
                scorecards.--Effective beginning not later than 
                October 1, 2015, the Director shall include in 
                the annual report and scorecard of the Director 
                required under section 528 of the Energy 
                Independence and Security Act of 2007 (42 
                U.S.C. 17144) a description of the efforts and 
                results of Federal agencies under this 
                subsection.
                  (C) Use of existing reporting structures.--
                The Director may require Federal agencies to 
                submit any information required to be submitted 
                under this subsection though reporting 
                structures in use as of the date of enactment 
                of the Energy Policy Modernization Act of 2015.

           *       *       *       *       *       *       *


SEC. 546. INCENTIVES FOR AGENCIES.

           *       *       *       *       *       *       *


    (f) Utility Energy Service Contracts.--
          (1) In general.--Each Federal agency may use, to the 
        maximum extent practicable, measures provided by law to 
        meet energy efficiency and conservation mandates and 
        laws, including through utility energy service 
        contracts.
          (2) Contract period.--The term of a utility energy 
        service contract entered into by a Federal agency may 
        have a contract period that extends beyond 10 years, 
        but not to exceed 25 years.
          (3) Requirements.--The conditions of a utility energy 
        service contract entered into by a Federal agency shall 
        include requirements for measurement, verification, and 
        performance assurances or guarantees of the savings.

           *       *       *       *       *       *       *


SEC. 548. REPORTS.

           *       *       *       *       *       *       *


    (b) Reports to the President and Congress.--The Secretary 
shall report, not later than April 2 of each year, with respect 
to each fiscal year beginning after the date of the enactment 
of this subsection, to the President and Congress--
          (1) on all activities carried out under this part and 
        on the progress made toward achievement of the 
        objectives of this part, including--
                  (A) a copy of the list of the exclusions made 
                under sections 543(a)(2) and 543(c)(3);
                  (B) the information required under section 
                543(b)(2); and
                  (C) a statement detailing the amount of funds 
                awarded to each agency under section 546(b), 
                the energy and water conservation measures 
                installed with such funds, the projected energy 
                and water savings to be realized from installed 
                measures, and, for each installed measure for 
                which the projected energy and water savings 
                reported in the previous year were not 
                realized, the percentage of such projected 
                savings that was not realized, the reasons such 
                savings were not realized, and proposals for, 
                and projected costs of, achieving such 
                projected savings in the future;
          (2) the number of contracts entered into by all 
        agencies under title VIII of this Act, the difficulties 
        (if any) encountered in attempting to enter into such 
        contracts, and proposed solutions to those 
        difficulties;
          (3) the extent and nature of interagency exchange of 
        information concerning the conservation and efficient 
        utilization of energy; [and]
          (4) the information required under section 161(d) of 
        the Energy Policy Act of 1992[.]; and
          (5)(A) the status of the energy savings performance 
        contracts and utility energy service contracts of each 
        agency;
          (B) the investment value of the contracts;
          (C) the guaranteed energy savings for the previous 
        year as compared to the actual energy savings for the 
        previous year;
          (D) the plan for entering into the contracts in the 
        coming year; and
          (E) information explaining why any previously 
        submitted plans for the contracts were not implemented.

           *       *       *       *       *       *       *


[SEC. 550. SURVEY OF ENERGY SAVING POTENTIAL.

    [(a) In General.--The Secretary shall, in consultation with 
the Interagency Energy Management Task Force established under 
section 547, carry out an energy survey for the purposes of--
          [(1) determining the maximum potential cost effective 
        energy savings that may be achieved in a representative 
        sample of buildings owned or leased by the Federal 
        Government in different areas of the country;
          [(2) making recommendations for cost effective energy 
        efficiency and renewable energy improvements in those 
        buildings and in other similar Federal buildings; and
           [(3) identifying barriers which may prevent an 
        agency's ability to comply with section 543 and other 
        energy management goals.
    [(b) Implementation.--(1) The Secretary shall transmit to 
the Committee on Energy and Natural Resources and the Committee 
on Governmental Affairs of the Senate and the Committee on 
Energy and Commerce, the Committee on Government Operations, 
and the Committee on Public Works and Transportation of the 
House of Representatives, within 180 days after the date of the 
enactment of the Energy Policy Act of 1992, a plan for 
implementing this section.
    [(2) The Secretary shall designate buildings to be surveyed 
in the project so as to obtain a sample of the buildings of the 
types and in the climates that is representative of buildings 
owned or leased by Federal agencies in the United States that 
consume the major portion of the energy consumed in Federal 
buildings. Such sample shall include, where appropriate, the 
following types of Federal facility space:
        [(A) Housing.
        [(B) Storage.
        [(C) Office.
        [(D) Services.
        [(E) Schools.
        [(F) Research and Development.
        [(G) Industrial.
        [(H) Prisons.
        [(I) Hospitals.
    [(3) For purposes of this section, an improvement shall be 
considered cost effective if the cost of the energy saved or 
displaced by the improvement exceeds the cost of the 
improvement over the remaining life of a Federal building or 
the remaining term of a lease of a building leased by the 
Federal Government as determined by the life cycle costing 
methodology developed under section 544.
    [(c) Personnel.--(1) In carrying out this section, the 
Secretary shall utilize personnel who are--
        [(A) employees of the Department of Energy; or
        [(B) selected by the agencies utilizing the buildings 
        which are being surveyed under this section.
    [(2) Such personnel shall be detailed for the purpose of 
carrying out this section without any reduction of salary or 
benefits.
    [(d) Report.--As soon as practicable after the completion 
of the project carried out under this section, the Secretary 
shall transmit a report of the findings and conclusions of the 
project to the Committee on Energy and Natural Resources and 
the Committee on Governmental Affairs of the Senate, the 
Committee on Energy and Commerce, the Committee on Government 
Operations, and the Committee on Public Works and 
Transportation of the House of Representatives, and the 
agencies who own the buildings involved in such project. Such 
report shall include an analysis of the probability of each 
agency achieving each of the energy reduction goals established 
under section 543(a).]

           *       *       *       *       *       *       *


SEC. 551. DEFINITIONS.

           *       *       *       *       *       *       *


        (4) the term ``energy conservation measures'' means 
        measures that are applied to a Federal building that 
        improve energy efficiency and are life cycle cost 
        effective and that involve energy conservation, 
        cogeneration facilities, renewable energy sources, 
        improvements in operations and maintenance 
        efficiencies, [or retrofit activities] retrofit 
        activities, or energy consuming devices and required 
        support structures;

           *       *       *       *       *       *       *

        (6) the term ``Federal building'' means any building, 
        structure, or facility, or part thereof, including the 
        associated energy consuming support systems, which is 
        constructed, renovated, leased, or purchased in whole 
        or in part for use by the Federal Government and which 
        consumes energy; such term also means a collection of 
        such buildings, structures, or facilities and the 
        energy consuming support systems for such collection[;] 
        the term does not include a dam, reservoir, or 
        hydropower facility owned or operated by a Federal 
        agency. 

           *       *       *       *       *       *       *


               [PART 4--FEDERAL PHOTOVOLTAIC UTILIZATION


[SEC. 561. SHORT TITLE OF PART.

    [This part may be cited as the ``Federal Photovoltaic 
Utilization Act''.

[SEC. 562. DEFINITIONS.

    [For purposes of this part--
          [(1) The term ``Federal facility'' means any 
        building, structure, or fixture or part thereof which 
        is owned by the United States or any Federal agency or 
        which is held by the United States or any Federal 
        agency under a lease-acquisition agreement under which 
        the United States or a Federal agency will receive fee 
        simple title under the terms of such agreement without 
        further negotiation. Such term also applies to 
        facilities related to programs administered by Federal 
        agencies.
          [(2) The term ``Secretary'' means the Secretary of 
        Energy.

[SEC. 563. PHOTOVOLTAIC ENERGY PROGRAM.

    [There is hereby established a photovoltaic energy 
commercialization program for the accelerated procurement and 
installation of photovoltaic solar electric systems for 
electric production in Federal facilities.

[SEC. 564. PURPOSE OF PROGRAM.

    [The purpose of the program established by section 563 is 
to--
          [(1) accelerate the growth of a commercially viable 
        and competitive industry to make photovoltaic solar 
        electric systems available to the general public as an 
        option in order to reduce national consumption of 
        fossil fuel;
          [(2) reduce fossil fuel costs to the Federal 
        Government;
          [(3) stimulate the general use within the Federal 
        Government of methods for the minimization of life 
        cycle costs; and
          [(4) develop performance data on the program 
        established by section 563.

[SEC. 565. ACQUISITION OF SYSTEMS.

    [The program established by section 563 shall provide for 
the acquisition of photovoltaic solar electric systems and 
associated storage capability by the Secretary for their use by 
Federal agencies, and for the acquisition of such systems and 
associated capability by Federal agencies for their own use in 
cases where the authority to make such acquisition has been 
delegated to the agency involved by the Secretary. The 
acquisition of photovoltaic solar electric systems shall be at 
an annual level substantial enough to allow use of low-cost 
production techniques by suppliers of such systems. The 
Secretary (or other Federal agency acting under delegation from 
the Secretary) is authorized to make such acquisitions through 
the use of multiyear contracts. Authority under this part to 
enter into acquisition contracts shall be only to the extent as 
may be provided in advance in appropriation Acts.

[SEC. 566. ADMINISTRATION.

    [The Secretary shall administer the program established 
under section 563 and shall--
          [(1) consult with the Secretary of Defense to insure 
        that the installation and purchase of photovoltaic 
        solar electric systems pursuant to this part shall not 
        interfere with defense-related activities;
          [(2) prescribe such requirements as may be 
        appropriate to monitor and assess the performance and 
        operation of photovoltaic electric systems installed 
        pursuant to this part; and
          [(3) report annually to the Congress on the status of 
        the program.
[Notwithstanding any other provision of law, the Secretary 
shall not be subject to the requirements of section 553 of 
title 5, United States Code, in the performance of his 
functions under this part.

[SEC. 567. SYSTEM EVALUATION AND PURCHASE PROGRAM.

    [(a) Program.--The Secretary shall establish, within 60 
days after the date of the enactment of this part, a 
photovoltaic systems evaluation and purchase program to provide 
such systems as are required by the Federal agencies to carry 
out this part. In acquiring photovoltaic solar electric systems 
under this part, the Secretary (or other Federal agency acting 
under delegation from the Secretary) shall insure that such 
systems reflect to the maximum extent practicable the most 
advanced and reliable technologies and shall schedule purchases 
in a manner which will stimulate the early development of a 
permanent low-cost private photovoltaic production capability 
in the United States, and to stimulate the private sector 
market for photovoltaic power systems. The Secretary and other 
Federal agencies acting under delegation from the Secretary 
shall, subject to the availability of appropriated funds, 
procure not more than 30 megawatts of photovoltaic solar 
electric systems during fiscal years ending September 30, 1979, 
September 30, 1980, and September 30, 1981.
    [(b) Other Procurement.--Nothing in this part shall 
preclude any Federal agency from directly procuring a 
photovoltaic solar electric system (in lieu of obtaining one 
under the program under subsection (a)), except that any such 
Federal agency shall consult with the Secretary before 
procuring such a system.

[SEC. 568. ADVISORY COMMITTEE.

    [(a) Establishment.--There is hereby established an 
advisory committee to assist the Secretary in the establishment 
and conduct of the programs established under this part.
    [(b) Membership.--Such committee shall be composed of the 
Secretary of Defense, the Secretary of Housing and Urban 
Development, the Administrator of the National Aeronautics and 
Space Administration, the Administrator of the General Services 
Administration, the Secretary of Transportation, the 
Administrator of the Small Business Administration, the 
chairman of the Federal Trade Commission, the Postmaster 
General, and such other persons as the Secretary deems 
necessary. The Secretary shall appoint such other 
nongovernmental persons to the extent necessary to assure that 
the membership of the committee will be fairly balanced in 
terms of the point of view represented and the functions to be 
performed by the committee.
    [(c) Termination.--The advisory committee shall terminate 
October 1, 1981.

[SEC. 569. AUTHORIZATION OF APPROPRIATIONS.

    [For the purposes of this part, there is authorized to be 
appropriated to the Secretary not to exceed $98,000,000, for 
the period beginning October 1, 1978, and ending September 30, 
1981.]

                     [PART 5--PEAK DEMAND REDUCTION


[SEC. 571. NATIONAL ACTION PLAN FOR DEMAND RESPONSE.

    [(a) National Assessment and Report.--The Federal Energy 
Regulatory Commission (``Commission'') shall conduct a National 
Assessment of Demand Response. The Commission shall, within 18 
months of the date of enactment of this part, submit a report 
to Congress that includes each of the following:
          [(1) Estimation of nationwide demand response 
        potential in 5 and 10 year horizons, including data on 
        a State-by-State basis, and a methodology for updates 
        of such estimates on an annual basis.
          [(2) Estimation of how much of this potential can be 
        achieved within 5 and 10 years after the enactment of 
        this part accompanied by specific policy 
        recommendations that if implemented can achieve the 
        estimated potential. Such recommendations shall include 
        options for funding and/or incentives for the 
        development of demand response resources.
          [(3) The Commission shall further note any barriers 
        to demand response programs offering flexible, non-
        discriminatory, and fairly compensatory terms for the 
        services and benefits made available, and shall provide 
        recommendations for overcoming such barriers.
          [(4) The Commission shall seek to take advantage of 
        preexisting research and ongoing work, and shall insure 
        that there is no duplication of effort.
    [(b) National Action Plan on Demand Response.--The 
Commission shall further develop a National Action Plan on 
Demand Response, soliciting and accepting input and 
participation from a broad range of industry stakeholders, 
State regulatory utility commissioners, and non-governmental 
groups. The Commission shall seek consensus where possible, and 
decide on optimum solutions to issues that defy consensus. Such 
Plan shall be completed within 1 year after the completion of 
the National Assessment of Demand Response, and shall meet each 
of the following objectives:
          [(1) Identification of requirements for technical 
        assistance to States to allow them to maximize the 
        amount of demand response resources that can be 
        developed and deployed.
          [(2) Design and identification of requirements for 
        implementation of a national communications program 
        that includes broad-based customer education and 
        support.
          [(3) Development or identification of analytical 
        tools, information, model regulatory provisions, model 
        contracts, and other support materials for use by 
        customers, States, utilities and demand response 
        providers.
    [(c) Upon completion, the National Action Plan on Demand 
Response shall be published, together with any favorable and 
dissenting comments submitted by participants in its 
preparation. Six months after publication, the Commission, 
together with the Secretary of Energy, shall submit to Congress 
a proposal to implement the Action Plan, including specific 
proposed assignments of responsibility, proposed budget 
amounts, and any agreements secured for participation from 
State and other participants.
    [(d) Authorization.--There are authorized to be 
appropriated to the Commission to carry out this section not 
more than $10,000,000 for each of the fiscal years 2008, 2009, 
and 2010.]

           *       *       *       *       *       *       *


            TITLE VIII--ENERGY SAVINGS PERFORMANCE CONTRACTS

SEC. 801. AUTHORITY TO ENTER INTO CONTRACTS.

    (a) In General.--(1) * * *
    (2)(A) * * *

           *       *       *       *       *       *       *

    (F) Promotion of Contracts.--In carrying out this section, 
a Federal agency shall not--
          (i) establish a Federal agency policy that limits the 
        maximum contract term under subparagraph (D) to a 
        period shorter than 25 years; [or]
          (ii) limit the total amount of obligations under 
        energy savings performance contracts or other private 
        financing of energy savings measures[.]; or
          (iii) limit the recognition of operation and 
        maintenance savings associated with systems modernized 
        or replaced with the implementation of energy 
        conservation measures, water conservation measures, or 
        any combination of energy conservation measures and 
        water conservation measures. 

           *       *       *       *       *       *       *

    (H) Miscellaneous Authority.--Notwithstanding any other 
provision of law, a Federal agency may sell or transfer energy 
savings and apply the proceeds of the sale or transfer to fund 
a contract under this title.

SEC. 802. PAYMENT OF COSTS.

    Any amount paid by a Federal agency pursuant to any 
contract entered into under this title may be paid only from 
funds appropriated or otherwise made available to the agency 
for fiscal year 1986 or any fiscal year thereafter for the 
payment of energy, water, or wastewater treatment expenses, 
including related operations and maintenance expenses [(and 
related operation and maintenance expenses)].

           *       *       *       *       *       *       *


SEC. 804. DEFINITIONS.

           *       *       *       *       *       *       *


          (2) The term ``energy savings'' means--
                  (A) a reduction in the cost of energy, water, 
                or wastewater treatment, from a base cost 
                established through a methodology set forth in 
                the contract, used in an existing [federally 
                owned building or buildings or other federally 
                owned facilities] Federal building (as defined 
                in section 551) as a result of--
                          (i) the lease or purchase of 
                        operating equipment, improvements, 
                        altered operation and maintenance, or 
                        technical services;
                          (ii) the increased efficient use of 
                        existing energy sources by cogeneration 
                        or heat recovery, excluding any 
                        cogeneration process for other than a 
                        [federally owned building or buildings 
                        or other federally owned facilities] 
                        Federal building (as defined in section 
                        551); or
                          (iii) the increased efficient use of 
                        existing water sources in either 
                        interior or exterior applications;
                  (B) the increased efficient use of an 
                existing energy source by cogeneration or heat 
                recovery;
                  (C) if otherwise authorized by Federal or 
                State law (including regulations), the sale or 
                transfer of electrical or thermal energy 
                generated on-site from renewable energy sources 
                or cogeneration, but in excess of Federal 
                needs, to utilities or non-Federal energy 
                users[; and];
                  (D) the increased efficient use of existing 
                water sources in interior or exterior 
                applications[.];
                  (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.

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 
                                  1980

Public Law 96-479, as amended

           *       *       *       *       *       *       *



                                FINDINGS

    Sec. 2. (a) The Congress finds that--* * *

           *       *       *       *       *       *       *

    [(b) As used in this Act]
    (b) Definitions.--In this Act:
          (1) Critical mineral.--The term ``critical mineral'' 
        means any mineral or element designated as a critical 
        mineral pursuant to section 3303 of the Energy Policy 
        Modernization Act of 2015. 
          (2) Materials.--The term ``materials'' means 
        substances, including minerals, of current or potential 
        use that will be needed to supply the industrial, 
        military, and essential civilian needs of the United 
        States in the production of goods or services, 
        including those which are primarily imported or for 
        which there is a prospect of shortages or uncertain 
        supply, or which present opportunities in terms of new 
        physical properties, use, recycling, disposal or 
        substitution, with the exclusion of food and of energy 
        fuels used as such.

                          DECLARATION OF POLCY

    Sec. 3. The Congress declares that it is the continuing 
policy of the United States to promote an adequate and stable 
supply of materials necessary to maintain national security, 
economic well-being and industrial production, with appropriate 
attention to a long-term balance between resource production, 
energy use, a healthy environment, natural resources 
conservation, and social needs. The Congress further declares 
that implementation of this policy requires that the President 
shall, through the Executive Office of the President, 
coordinate the responsible departments and agencies to, among 
other measures--
          (1) identify materials needs and assist in the 
        pursuit of measures that would assure the availability 
        of materials critical to commerce, the economy, and 
        national security;
          (2) establish a mechanism for the coordination and 
        evaluation of Federal materials programs, including 
        those involving research and development so as to 
        complement related efforts by the private sector as 
        well as other domestic and international agencies and 
        organizations;
          [(3) establish a long-range assessment capability 
        concerning materials demands, supply and needs, and 
        provide for the policies and programs necessary to meet 
        those needs;]
          (3) establish an analytical and forecasting 
        capability for identifying critical mineral demand, 
        supply, and other factors to allow informed actions to 
        be taken to avoid supply shortages, mitigate price 
        volatility, and prepare for demand growth and other 
        market shifts;
          (4) promote a vigorous, comprehensive, and 
        coordinated program of materials research and 
        development consistent with the policies and priorities 
        set forth in the National Science and Technology 
        Policy, Organization, and Priorities Act of 1976 (42 
        U.S.C. 6601 et seq.);
          (5) promote cooperative research and development 
        programs with other nations for the equitable and 
        frugal use of materials and energy;
          (6) promote and encourage private enterprise in the 
        development of economically sound and stable domestic 
        materials industries; [and]
          [(7) encourage Federal agencies to facilitate 
        availability and development of domestic resources to 
        meet critical materials needs.]
          (7) encourage Federal agencies to facilitate the 
        availability, development, and environmentally 
        responsible production of domestic resources to meet 
        national material or critical mineral needs;
          (8) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the 
        issuance of permits and authorizations necessary to 
        explore for, develop, and produce critical minerals and 
        to construct critical mineral manufacturing facilities 
        in accordance with applicable environmental and land 
        management laws;
          (9) strengthen educational and research capabilities 
        and workforce training;
          (10) bolster international cooperation through 
        technology transfer, information sharing, and other 
        means;
          (11) promote the efficient production, use, and 
        recycling of critical minerals;
          (12) develop alternatives to critical minerals; and
          (13) establish contingencies for the production of, 
        or access to, critical minerals for which viable 
        sources do not exist within the United States.

           *       *       *       *       *       *       *

                              ----------                              


                            NATURAL GAS ACT

Act of June 21, 1938, Chapter 556, as amended

           *       *       *       *       *       *       *



        EXPORTATION OR IMPORTATION OF NATURAL GAS; LNG TERMINALS

    Sec. 3. (a) * * *

           *       *       *       *       *       *       *

    (g) Public Disclosure of LNG Export Destinations.--
          (1) In general.--In the case of any authorization to 
        export liquefied natural gas, the Secretary of Energy 
        shall require the applicant to report to the Secretary 
        of Energy the names of the 1 or more countries of 
        destination to which the exported liquefied natural gas 
        is delivered.
          (2) Timing.--The applicant shall file the report 
        required under paragraph (1) not later than--
                  (A) in the case of the first export, the last 
                day of the month following the month of the 
                first export; and
                  (B) in the case of subsequent exports, the 
                date that is 30 days after the last day of the 
                applicable month concerning the activity of the 
                previous month.
          (3) Disclosure.--The Secretary of Energy shall 
        publish the information reported under this subsection 
        on the website of the Department of Energy and 
        otherwise make the information available to the public.

           *       *       *       *       *       *       *

                              ----------                              


  NUCLEAR SAFETY RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACT OF 1980

Public Law 96-567, as amended

           *       *       *       *       *       *       *



       [NATIONAL REACTOR ENGINEERING SIMULATOR FEASIBILITY STUDY

    [Sec. 5. (a) The Secretary, in consultation with the 
Commission and the Advisory Committee, shall initiate a study 
of the need for and feasibility of establishing a reactor 
engineering simulator facility at a national laboratory, for 
the primary purpose of fostering research in generic design 
improvements and simplifications through the simulation of the 
performance of various types of light water reactors under a 
wide variety of abnormal conditions and postulated accident 
conditions.
    [(b) In performing the study, the Secretary shall consider 
relevant factors including, but not limited to--
          [(1) the potential advantages that would accrue from 
        the establishment of such a facility;
          [(2) the extent to which such a facility would 
        further the generic safety research and development 
        program established by this Act;
          [(3) the extent to which such a facility can be 
        established by nongovernmental entities;
          [(4) the opportunities for cost sharing by 
        nongovernmental entities in the construction and 
        operation of such a facility;
          [(5) the importance of such a facility in emergencies 
        to limit the extent of any future nuclear powerplant 
        excursions;
          [(6) the potential for international cooperation in 
        the establishment and operation of such a facility; and
          [(7) the appropriate national laboratory for siting 
        such a facility.
    [(c) The Secretary shall, by January 1, 1982, submit to the 
Committee on Science and Technology [Committee on Science, 
Space, and Technology] of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a 
report characterizing the study and the resulting conclusions 
and recommendations.

                [FEDERAL NUCLEAR OPERATIONS CORPS' STUDY

    [Sec. 6. (a) The Secretary, in cooperation with the Nuclear 
Regulatory Commission, shall initiate a study as to the 
sufficiency of efforts in the United States to provide 
specially trained professionals to operate the controls of 
nuclear powerplants and other facilities in the back-end of the 
nuclear fuel cycle. In carrying out the study, the Secretary 
shall coordinate his activities with the ongoing programs of 
the utility industry and other Federal governmental agencies 
for obtaining high standards of operator performance.
    [(b)(1) In conducting the study the Secretary shall assess 
the desirability and feasibility of creating a Federal Corps of 
such professionals to inspect and supervise such operations.
    [(2) The assessment shall consider the establishment of an 
academy to train Corps professionals in all aspects of nuclear 
technology, nuclear operations, nuclear regulatory and related 
law, and health science.
    [(3) The assessment shall include the appropriate 
organizational approach for the establishment of a Federal 
Corps within the executive branch.
    [(c) The Secretary shall complete the study within one year 
after the date of enactment of this Act and shall submit a 
report along with his recommendations to the Congress.]

           *       *       *       *       *       *       *

                              ----------                              


       NATIONAL SUPERCONDUCTIVITY AND COMPETITIVENESS ACT OF 1988

Public Law 100-697

           *       *       *       *       *       *       *



SEC. 3. NATIONAL ACTION PLAN ON SUPERCONDUCTIVITY RESEARCH AND 
                    DEVELOPMENT.

           *       *       *       *       *       *       *


    (d) Update Reports.--The Office of Science and Technology 
Policy[, with the assistance of the National Critical Materials 
Council as specified in the National Critical Materials Act of 
1984 (30 U.S.C. 1801 et seq.),] shall prepare an annual report 
setting forth and evaluating the progress of the 
Superconductivity Action Plan. This report shall include a 
description of the amount of funds expended in the previous 
year by all Federal departments and agencies involved with 
superconductivity. This report shall be submitted with the 
President's annual budget request to the Committee on Science, 
Space, and Technology of the House of Representatives, and to 
the Committees on Energy and Natural Resources, and Commerce, 
Science, and Transportation of the Senate.

           *       *       *       *       *       *       *

                              ----------                              


             POWERPLANT AND INDUSTRIAL FUEL USE ACT OF 1978

Public Law 95-620, as amended

           *       *       *       *       *       *       *



SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

           *       *       *       *       *       *       *


    (b) Table of Contents.--

           *       *       *       *       *       *       *


                TITLE VII--ADMINISTRATION AND ENFORCEMENT

     * * * * * * *

                           SUBTITLE E--STUDIES

[Sec. 741. National coal policy study.]
Sec. 742. Coal industry performance and competition study.
Sec. 743. Impact on employees.
[Sec. 744. Study of compliance problems of small electric utility 
          systems.]
[Sec. 745. Repealed.]
[Sec. 746. Socioeconomic impacts of increased coal production and other 
          energy development.]
[Sec. 747. Use of petroleum and natural gas in combustors.]

               [SUBTITLE F--APPROPRIATIONS AUTHORIZATION]

[Sec. 751. Authorization of appropriations.]
     * * * * * * *

                  TITLE VIII--MISCELLANEOUS PROVISIONS

[Sec. 801. Repealed.]
Sec. 802. Coal preparation facilities.
Sec. 803. Railroad rehabilitation for carriage of coal.
Sec. 804. Office of Rail Public Counsel.
Sec. 805. Retroactive application of certain remedial orders.
Sec. 806. Annual report.
[Sec. 807. Submission of reports.]
[Sec. 808. Electric utility conservation plan.]

           *       *       *       *       *       *       *


SEC. 712. COMPLIANCE REPORT.

    [(a) Generally.--]Any person owning, operating, or 
proposing to operate one or more existing electric powerplants 
required to come into compliance with the prohibitions of this 
Act shall on or before January 1, 1980, and annually 
thereafter, submit to the Secretary a report identifying all 
such existing electric powerplants owned or operated by such 
person. Such report shall--
          (1) set forth the anticipated schedule for compliance 
        with the applicable requirements and prohibitions by 
        each such electric powerplant;
          (2) indicate proposed or existing contracts or other 
        commitments or good faith negotiations for such 
        contracts or commitments for coal or another alternate 
        fuel, equipment, or combinations thereof, which would 
        enable such powerplant to comply with such 
        prohibitions; and
          (3) identify those electric powerplants, if any, for 
        which application for temporary or permanent exemption 
        from the prohibitions of this Act may be filed.
    [(b) Report on Implementation of Section 808 Plan.--Any 
electric utility required to submit a conservation plan under 
section 808 shall annually submit to the Secretary a report 
identifying the steps taken during the preceding year to 
implement such plan.]

           *       *       *       *       *       *       *


[SEC. 741. NATIONAL COAL POLICY STUDY.

    [(a) Study.--The President, acting through the Secretary 
and the Administrator of the Environmental Protection Agency, 
shall make a full and complete investigation and study of the 
alternative national uses of coal available in the United 
States to meet the Nation's energy requirements consistent with 
national policies for the protection and enhancement of the 
quality of the environment and for economic recovery and full 
employment. In particular the study should identify and 
evaluate--
          [(1) current and prospective coal requirements of the 
        United States;
          [(2) current and prospective voluntary and mandatory 
        energy conservation measures and their potential for 
        reduction of the United States coal requirements;
          [(3) current and prospective coal resource 
        production, transportation, conversion, and utilization 
        requirements;
          [(4) the extent and adequacy of coal research, 
        development, and demonstration programs being carried 
        out by Federal, State, local, and nongovernmental 
        entities (including financial resources, manpower, and 
        statutory authority);
          [(5) programs for the development of coal mining 
        technologies which increase coal production and 
        utilization while protecting the health and safety of 
        coal miners;
          [(6) alternative strategies for meeting anticipated 
        United States coal requirements, consistent with 
        achieving other national goals, including national 
        security and environmental protection;
          [(7) existing and prospective governmental policies 
        and laws affecting the coal industry with the view of 
        determining what, if any, changes in and implementation 
        of such policies and laws may be advisable in order to 
        consolidate, coordinate, and provide an effective and 
        equitable national energy policy consistent with other 
        national policies; and
          [(8) the most efficient use of the Nation's coal 
        resources considering economic (including capital and 
        consumer costs, and balance of payments), social 
        (including employment), environmental, technological, 
        national defense, and other aspects.
    [(b) Report.--Within 18 months after the effective date of 
this Act, the President shall submit to the Congress a report 
with respect to the studies and investigations, together with 
findings and recommendations in order that the Congress may 
have such information in a timely fashion. Such report shall 
include the President's determinations and recommendations with 
respect to--
          [(1) the Nation's projected coal needs nationally and 
        regionally, for the next 2 decades with particular 
        reference to electric power;
          [(2) the coal resources available or which must be 
        developed to meet those needs, including, as 
        applicable, the programs for research, development, and 
        demonstration necessary to provide technological 
        advances which may greatly enhance the Nation's ability 
        to efficiently and economically utilize its fuel 
        resources, consistent with applicable environmental 
        requirements;
          [(3) the air, water, and other pollution created by 
        coal requirements, including any programs to overcome 
        promptly and efficiently any technological or economic 
        barriers to the elimination of such pollution;
          [(4) the existing policies and programs of the 
        Federal Government and of State and local governments, 
        which have any significant impact on the availability, 
        production or efficient and economic utilization of 
        coal resources and on the ability to meet the Nation's 
        energy needs and environmental requirements; and
          [(5) the adequacy of various transportation systems, 
        including roads, railroads, and waterways to meet 
        projected increases in coal production and utilization.
[Before submitting a report to the Congress under subsection 
(b), the President shall publish in the Federal Register a 
notice and summary of the proposed report, make copies of such 
report available, and accord interested persons an opportunity 
(of not less than 90 days' duration) to present written 
comments; and shall make such modifications of such report as 
he may consider appropriate on the basis of such comments.
    [(c) Authorization of Appropriations.--There is hereby 
authorized to be appropriated to the Secretary for allocation 
between the Department of Energy and the Environmental 
Protection Agency for fiscal years 1979 and 1980, not to exceed 
$18,000,000, for use in carrying out the purposes of this 
section.]

           *       *       *       *       *       *       *


[SEC. 744. STUDY OF COMPLIANCE PROBLEM OF SMALL ELECTRIC UTILITY 
                    SYSTEMS.

    [(a) Study.--The Secretary shall conduct a study of the 
problems of compliance with this Act experienced by those 
electric utility systems which have a total system generating 
capacity of less than 2,000 megawatts. The Secretary shall 
report his findings and his recommendations to the Congress not 
later than 2 years after the effective date of this Act.
    [(b) Authorization of Appropriations.--There is authorized 
to be appropriated to the Secretary for the fiscal year 1979 
not to exceed $500,000 to carry out the provisions of this 
section.]

[SEC. 746. SOCIOECONOMIC IMPACTS OF INCREASED COAL PRODUCTION AND OTHER 
                    ENERGY DEVELOPMENT.

    [(a) Committee.--There is hereby established an interagency 
committee composed of the heads of the Departments of Energy, 
Commerce, Interior, Transportation, Housing and Urban 
Development, and Health, Education, and Welfare, the 
Environmental Protection Agency, the Appalachian Regional 
Commission, the Farmers' Home Administration, the Office of 
Management and Budget, and such other Federal agencies as the 
Secretary shall designate. In carrying out its functions the 
committee shall consult with the National Governors' Conference 
and interested persons, organizations, and entities. The 
chairman of the committee shall be designated by the President. 
The committee shall terminate 90 days after the submission of 
its report under subsection (c).
    [(b) Functions of Committee.--It is the function of the 
committee to conduct a study of the socioeconomic impacts of 
expanded coal production and rapid energy development in 
general, on States, including local communities, and on the 
public, including the adequacy of housing and public, 
recreational, and cultural facilities for coal miners and their 
families and the effect of any Federal or State laws or 
regulations on providing such housing and facilities. The 
committee shall gather data and information on--
          [(1) the level of assistance provided under this Act 
        and any other programs related to impact assistance,
          [(2) the timeliness of assistance in meeting impacts 
        caused by Federal decisions on energy policy as well as 
        private sector decisions, and
          [(3) the obstacles to effective assistance contained 
        in regulations of existing programs related to impact 
        assistance.
    [(c) Report.--Within 1 year after the effective date of 
this Act, the committee shall submit a detailed report on the 
results of such study to the Congress, together with any 
recommendations for additional legislation it may consider 
appropriate.]

[SEC. 747. USE OF PETROLEUM AND NATURAL GAS IN COMBUSTORS.

    [The Secretary shall conduct a detailed study of the uses 
of petroleum and natural gas as a primary energy source for 
combustors and installations not subject to the prohibitions of 
this Act. In conducting such study, the Secretary shall--
          [(1) identify those categories of major fuel-burning 
        installations in which the substitution of coal or 
        other alternate fuels for petroleum and natural gas is 
        economically and technically feasible, and
          [(2) determine the estimated savings of natural gas 
        and petroleum expected from such substitution.
[Within 1 year after the effective date of this Act, the 
Secretary shall submit a detailed report on the results of such 
study to the Congress, together with any recommendations for 
legislation he may consider appropriate.]

               [Subtitle F--Appropriations Authorization

[SEC. 751. AUTHORIZATION OF APPROPRIATIONS.

    [There is authorized to be appropriated to the Secretary 
for fiscal year 1979 $11,900,000, to carry out the provisions 
of this Act (other than provisions for which an appropriations 
authorization is otherwise expressly provided in this Act) and 
section 2 of the Energy Supply and Environmental Coordination 
Act of 1974.]

           *       *       *       *       *       *       *


[SEC. 807. SUBMISSION OF REPORTS.

    [Copies of any report required by this Act to be submitted 
to the Congress shall be separately submitted to the Committee 
on Interstate and Foreign Commerce of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate.]

[SEC. 808. ELECTRIC UTILITY CONSERVATION PLAN.

    [(a) Applicability.--An electric utility is subject to this 
subsection if--
          [(1) the utility owns or operates any existing 
        electric powerplant in which natural gas was used as a 
        primary energy source at any time during the 1-year 
        period ending on the date of the enactment of this 
        section, and
          [(2) the utility plans to use natural gas as a 
        primary energy source in any electric powerplant.
    [(b) Submission and Approval of Plan.--The Secretary shall 
require each electric utility subject to this section to--
          [(1) submit, within 1 year after the date of the 
        enactment of this section, and have approved by the 
        Secretary, a conservation plan which meets the 
        requirements of subsection (c); and
          [(2) implement such plan during the 5-year period 
        beginning on the date of the initial approval of such 
        plan.
    [(c) Contents of Plan.--(1) Any conservation plan under 
this section shall set forth means determined by the utility to 
achieve conservation of electric energy not later than the 5th 
year after its initial approval at a level, measured on an 
annual basis, at least equal to 10 percent of the electric 
energy output of that utility during the most recent 4 calendar 
quarters ending prior to the date of the enactment of this 
section which is attributable to natural gas.
    [(2) The conservation plan shall include--
          [(A) all activities required for such utility by part 
        1 of title II of the National Energy Conservation 
        Policy Act;
          [(B) an effective public information program for 
        conservation; and
          [(C) such other measures as the utility may consider 
        appropriate.
    [(3) Any such plan may set forth a program for the use of 
renewable energy sources (other than hydroelectric power).
    [(4) Any such plan shall contain procedures to permit the 
amounts expended by such utility in developing and implementing 
the plan to be recovered in a manner specified by the 
appropriate State regulatory authority (or by the utility in 
the case of a nonregulated utility).
    [(d) Plan Approval.--(1) The Secretary shall, by order, 
approve or disapprove any conservation plan proposed under this 
subsection by an electric utility within 120 days after its 
submission. The Secretary shall approve any such proposed plan 
unless the Secretary finds that such plan does not meet the 
requirements of subsection (c) and states in writing the 
reasons therefor.
    [(2) In the event the Secretary disapproves under paragraph 
(1) the plan originally submitted, the Secretary shall provide 
a reasonable period of time for resubmission.
    [(3) An electric utility may amend any approved plan, 
except that the plan as amended shall be subject to approval in 
accordance with paragraph (1).]

           *       *       *       *       *       *       *

                              ----------                              


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

           *       *       *       *       *       *       *


Sec. 3307. Congressional approval of proposed projects

           *       *       *       *       *       *       *


    (d) Availability of Funds for Design Updates.--
          (1) In general.--Subject to paragraph (2), for any 
        project for which congressional approval is received 
        under subsection (a) and for which the design has been 
        substantially completed but construction has not begun, 
        the Administrator of General Services may use 
        appropriated funds to update the project design to meet 
        applicable Federal building energy efficiency standards 
        established under section 305 of the Energy 
        Conservation and Production Act (42 U.S.C. 6834) and 
        other requirements established under section 3312.
          (2) Limitation.--The use of funds under paragraph (1) 
        shall not exceed 125 percent of the estimated energy or 
        other cost savings associated with the updates as 
        determined by a life cycle cost analysis under section 
        544 of the National Energy Conservation Policy Act (42 
        U.S.C. 8254).
    [(d)](e) Rescission of Approval.--If an appropriation is 
not made within one year after the date a project for 
construction, alteration, or acquisition is approved under 
subsection (a), the Committee on Environment and Public Works 
of the Senate or the Committee on Transportation and 
Infrastructure of the House of Representatives by resolution 
may rescind its approval before an appropriation is made.
    [(e)](f) Emergency Leases by the Administrator.--This 
section does not prevent the Administrator from entering into 
emergency leases during any period declared by the President to 
require emergency leasing authority. An emergency lease may not 
be for more than 180 days without approval of a prospectus for 
the lease in accordance with subsection (a).
    [(f)](g) Minimum Performance Requirements for Leased 
Space.--With respect to space to be leased, the Administrator 
shall include, to the maximum extent practicable, minimum 
performance requirements requiring energy efficiency and the 
use of renewable energy.
    [(g)](h) Limitation on Leasing Certain Space.--
          (1) In general.--The Administrator may not lease 
        space to accommodate any of the following if the 
        average rental cost of leasing the space will exceed 
        $1,500,000:
                  (A) Computer and telecommunications 
                operations.
                  (B) Secure or sensitive activities related to 
                the national defense or security, except when 
                it would be inappropriate to locate those 
                activities in a public building or other 
                facility identified with the Government.
                  (C) A permanent courtroom, judicial chamber, 
                or administrative office for any United States 
                court.
          (2) Exception.--The Administrator may lease space 
        with respect to which paragraph (1) applies if the 
        Administrator--
                  (A) decides, for reasons set forth in 
                writing, that leasing the space is necessary to 
                meet requirements which cannot be met in public 
                buildings; and
                  (B) submits the reasons to the Committee on 
                Environment and Public Works of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    [(h)](i) Dollar Amount Adjustment.--The Administrator 
annually may adjust any dollar amount referred to in this 
section to reflect a percentage increase or decrease in 
construction costs during the prior calendar year, as 
determined by the composite index of construction costs of the 
Department of Commerce. Any adjustment shall be expeditiously 
reported to the Committee on Environment and Public Works of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

           *       *       *       *       *       *       *


TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

           *       *       *       *       *       *       *


                       CHAPTER 1049--MISCELLANEOUS

104901. Central warehouses at System units.
104902. Services or other accommodations for public.
104903. Care, removal, and burial of indigents.
104904. Hire of work animals, vehicles, and equipment with or without 
          personal services.
104905. Preparation of mats for reproduction of photographs.
104906. Protection of right of individuals to bear arms.
104907. Limitation on extension or establishment of national parks in 
          Wyoming.
104908. National Park Service Maintenance and Revitalization 
          Conservation Fund.
     * * * * * * *

Sec. 104908. National Park Service Maintenance and Revitalization 
                    Conservation Fund

    (a) In General.--There is established in the Treasury a 
fund, to be known as the ``National Park Service Critical 
Maintenance and Revitalization Conservation Fund'' (referred to 
in this section as the ``Fund'').
    (b) Deposits to Fund.--Notwithstanding any provision of law 
providing that the proceeds shall be credited to miscellaneous 
receipts of the Treasury, for each fiscal year, there shall be 
deposited in the Fund, from revenues due and payable to the 
United States under section 9 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1338) $150,000,000.
    (c) Use and Availability.--
          (1) In general.--Amounts deposited in the Fund 
        shall--
                  (A) be used only for the purposes described 
                in subsection (d); and
                  (B) be available for expenditure only after 
                the amounts are appropriated for those 
                purposes.
          (2) Availability.--Any amounts in the Fund not 
        appropriated shall remain available in the Fund until 
        appropriated.
          (3) No limitation.--Appropriations from the Fund 
        pursuant to this section may be made without fiscal 
        year limitation.
    (d) National Park System Critical Deferred Maintenance.--
The Secretary shall use amounts appropriated from the Fund for 
high-priority deferred maintenance needs of the Service that 
support critical infrastructure and visitor services.
    (e) Land Acquisition Prohibition.--Amounts in the Fund 
shall not be used for land acquisition.

           *       *       *       *       *       *       *


CHAPTER 2003--LAND AND WATER CONSERVATION FUND

           *       *       *       *       *       *       *



Sec. 200302. Establishment of Land and Water Conservation Fund

    (a) Establishment.--There is established in the Treasury 
the Land and Water Conservation Fund.
    (b) Deposits.--[During the period ending September 30, 
2015, there] There shall be deposited in the Fund the following 
revenues and collections:
          (1) All proceeds (except so much thereof as may be 
        otherwise obligated, credited, or paid under authority 
        of the provisions of law set forth in section 572(a) or 
        574(a) to (c) of title 40 or under authority of any 
        appropriation Act that appropriates an amount, to be 
        derived from proceeds from the transfer of excess 
        property and the disposal of surplus property, for 
        necessary expenses, not otherwise provided for, 
        incident to the utilization and disposal of excess and 
        surplus property) received from any disposal of surplus 
        real property and related personal property under 
        chapter 5 of title 40, notwithstanding any provision of 
        law that such proceeds shall be credited to 
        miscellaneous receipts of the Treasury. Nothing in this 
        chapter shall affect existing laws or regulations 
        concerning disposal of real or personal surplus 
        property to schools, hospitals, and States and their 
        political subdivisions.
          (2) The amounts provided for in section 200310 of 
        this title.
    (c) Authorization of Appropriations.--
          (1) In general.--In addition to the sum of the 
        revenues and collections estimated by the Secretary to 
        be deposited in the Fund pursuant to this section, 
        there are authorized to be appropriated annually to the 
        Fund out of any money in the Treasury not otherwise 
        appropriated such amounts as are necessary to make the 
        income of the Fund not less than $900,000,000 for each 
        fiscal year [through September 30, 2015].

           *       *       *       *       *       *       *


Sec. 200304. Statement of estimated requirements

    [There] (a) In General.--There shall be submitted with the 
annual budget of the United States a comprehensive statement of 
estimated requirements during the ensuing fiscal year for 
appropriations from the Fund. [Not less than 40 percent of such 
appropriations shall be available for Federal purposes.]
    (b) Allocation.--Of the appropriations from the Fund--
          (1) not less than 40 percent shall be used 
        collectively for Federal purposes under section 200306;
          (2) not less than 40 percent shall be used 
        collectively--
                  (A) to provide financial assistance to States 
                under section 200305;
                  (B) for the Forest Legacy Program established 
                under section 7 of the Cooperative Forestry 
                Assistance Act of 1978 (16 U.S.C. 2103c);
                  (C) for cooperative endangered species grants 
                authorized under section 6 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1535); and
                  (D) for the American Battlefield Protection 
                Program established under chapter 3081; and
          (3) not less than 1.5 percent or $10,000,000, 
        whichever is greater, shall be used for projects that 
        secure recreational public access to Federal public 
        land for hunting, fishing, or other recreational 
        purposes.

           *       *       *       *       *       *       *


Sec. 200306. Allocation of Fund amounts for Federal purposes

           *       *       *       *       *       *       *


    (c) Conservation Easements.--The Secretary and the 
Secretary of Agriculture shall consider the acquisition of 
conservation easements and other similar interests in land 
where appropriate and feasible.
    (d) Acquisition Considerations.--The Secretary and the 
Secretary of Agriculture shall take into account the following 
in determining the land or interests in land to acquire:
          (1) Management efficiencies.
          (2) Management cost savings.
          (3) Geographic distribution.
          (4) Significance of the acquisition.
          (5) Urgency of the acquisition.
          (6) Threats to the integrity of the land to be 
        acquired.
          (7) The recreational value of the land.

           *       *       *       *       *       *       *


CHAPTER 3031--HISTORIC PRESERVATION FUND

           *       *       *       *       *       *       *



Sec. 303102. Contents

    For each [of fiscal years 2012 to 2015] fiscal year, 
$150,000,000 shall be deposited in the Historic Preservation 
Fund from revenues due and payable to the United States under 
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1338), section 7433(b) of title 10, or both, notwithstanding 
any provision of law that those proceeds shall be credited to 
miscellaneous receipts of the Treasury.

           *       *       *       *       *       *       *


                                  [all]