[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.
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