,i #aadth ,,congress #ast ,session ,h4 ,r4 #h ,,in ,,the ,,house ,,of ,,representatives ,september #af1 #bjae ,mr4 ,upton introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,science1 ,space1 and ,technology1 ,education and the ,workforce1 ,oversight and ,government ,reform1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to modernize energy infrastructure1 build a #bast century energy and manufacturing workforce1 bolster ,america's energy security and diplomacy1 and promote energy efficiency and government accountability1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,modernizing and ,protecting ,infrastructure ,sec4 #aaja4 ,,ferc process coordination4 ,sec4 #aajb4 ,resolving environmental and grid reliability conflicts4 ,sec4 #aajc4 ,emergency preparedness for energy supply disruptions4 ,sec4 #aajd4 ,critical electric infrastructure security4 ,sec4 #aaje4 ,strategic ,transformer ,reserve4 ,sec4 #aajf4 ,cyber ,sense4 ,sec4 #aajg4 ,state coverage and consideration of ,,purpa standards for electric utilities4 ,title ,,ii--#bast ,century ,workforce ,sec4 #baja4 ,energy and manufacturing workforce development4 ,title ,,iii--,energy ,security and ,diplomacy ,sec4 #caja4 ,sense of ,congress4 ,sec4 #cajb4 ,energy security valuation4 ,sec4 #cajc4 ,north ,american energy security plan4 ,sec4 #cajd4 ,collective energy security4 ,sec4 #caje4 ,strategic ,petroleum ,reserve mission readiness plan4 ,title ,,iv--,energy ,efficiency and ,accountability ,subtitle ,a--,energy ,efficiency ,chapter #a--;,federal ,agency ,energy ,efficiency ,sec4 #daaa4 ,energy-efficient and energy-saving information technologies4 ,sec4 #daab4 ,energy efficient data centers4 ,sec4 #daac4 ,report on energy and water savings potential from thermal insulation4 ,sec4 #daad4 ,federal purchase requirement4 ,chapter #b--;,energy ,efficient ,technology and ,manufacturing ,sec4 #daba4 ,inclusion of ,smart ,grid capability on ,energy ,guide labels4 ,sec4 #dabb4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products4 ,sec4 #dabc4 ,facilitating consensus furnace standards4 ,sec4 #dabd4 ,future of ,industry program4 ,chapter #c--;,energy ,performance ,contracting ,sec4 #daca4 ,use of energy and water efficiency measures in ,federal buildings4 ,chapter #d--,school buildings ,sec4 #dada4 ,coordination of energy retrofitting assistance for schools4 ,subtitle ,b--,accountability ,chapter #a--,market ,manipulation1 ,enforcement1 and ,compliance ,sec4 #dbaa4 ,,ferc ,office of ,compliance ,assistance and ,public ,participation4 ,chapter #b--,market ,reforms ,sec4 #dbba4 ,,gao study on wholesale electricity markets4 ,i ,modernizing and ,protecting ,infrastructure #aaja4 ,,ferc process coordination ,section #ae of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagn7 is amended-- 7#a7 by amending subsection 7b77#b7 to read as follows3 7#b7 ,other agencies 7,a7 ,in general ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission and comply with the deadlines established by the ,commission4 7,b7 ,identification ,the ,commission shall identify1 as early as practicable after it is notified by a prospective applicant of a potential project requiring ,commission authorization1 any ,federal or ,state agency1 local government1 or ,indian tribe that may consider an aspect of an application for that ,federal authorization4 7,c7 ,notification 7i7 ,in general ,the ,commission shall notify any agency identified under subparagraph 7,b7 of the opportunity to cooperate or participate in the review process4 7ii7 ,deadline ,a notification issued under clause 7i7 shall establish a deadline by which a response to the notification shall be submitted1 which may be extended by the ,commission for good cause4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and at the end of subparagraph 7,a72 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 set deadlines for all such ,federal authorizations2 and 2 7,b7 by striking paragraph 7#b72 and 7,c7 by adding at the end the following new paragraphs3 7#b7 ,deadline for ,federal authorizations ,a final decision on a ,federal authorization is due no later than #ij days after the ,commission issues its final environmental document1 unless a schedule is otherwise established by ,federal law4 7#c7 ,commission recommendation ,to ensure that timely decisions are made and that the responsibilities of each ,federal and ,state agency are met when making a decision with respect to a ,federal authorization1 the ,commission shall coordinate its efforts with ,federal and ,state agencies and make a recommendation on the scope of the environmental review that the ,commission determines to be appropriate4 ,each ,federal and ,state agency shall give deference to the ,commission's recommendation as appropriate and in accordance with applicable ,federal law4 7#d7 ,concurrent reviews ,each ,federal and ,state agency considering an aspect of an application for a ,federal authorization shall-- 7,a7 carry out the obligations of that agency under applicable law concurrently1 and in conjunction1 with the review required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 unless doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out those obligations2 7,b7 formulate and implement administrative1 policy1 and procedural mechanisms to enable the agency to ensure completion of required ,federal authorizations no later than #ij days after the ,commission issues its final environmental document2 and 7,c7 transmit to the ,commission a statement-- 7i7 acknowledging receipt of the schedule established under paragraph 7#a72 and 7ii7 setting forth the plan formulated under subparagraph 7,b7 of this paragraph4 7#e7 ,issue identification and resolution 7,a7 ,identification ,federal and ,state agencies that may consider an aspect of an application for ,federal authorization shall identify1 as early as possible1 any issues of concern that may delay or prevent an agency from working with the ,commission to resolve such issues and granting such authorization4 7,b7 ,issue ,resolution ,the ,commission may forward any issue of concern identified under subparagraph 7,a7 to the heads of the relevant agencies 7including1 in the case of a failure by the ,state agency1 the ,federal agency overseeing the delegated authority7 for resolution4 7#f7 ,failure to meet schedule ,if a ,federal or ,state agency does not complete a proceeding for an approval that is required for a ,federal authorization in accordance with the schedule established by the ,commission under paragraph 7#a7-- 7,a7 the applicant may pursue remedies under section #ai7;d72 and 7,b7 the head of the relevant ,federal agency 7including1 in the case of a failure by a ,state agency1 the ,federal agency overseeing the delegated authority7 shall notify ,congress and the ,commission of such failure and set forth a recommended implementation plan to ensure completion of the proceeding for an approval4 2 7#c7 by redesignating subsections 7d7 through 7f7 as subsections 7f7 through 7h71 respectively2 and 7#d7 by inserting after subsection 7c7 the following new subsections3 7d7 ,application processing ,the ,commission1 and ,federal and ,state agencies1 may allow an applicant seeking ,federal authorization to fund a third party contractor to assist in reviewing the application4 7e7 ,accountability1 transparency1 efficiency ,for applications requiring multiple ,federal authorizations1 the ,commission1 with input from any ,federal or ,state agency considering an aspect of an application1 shall track and make available to the public on the ,commission's website information related to the actions required to complete permitting1 reviews1 and other actions required4 ,such information shall include the following3 7#a7 ,the schedule established by the ,commission under subsection 7c77#a74 7#b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other actions necessary to obtain a final decision on the ,federal authorization4 7#c7 ,the expected completion date for each such action4 7#d7 ,a point of contact at the agency accountable for each such action4 7#e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reasons for the delay4 4 #aajb4 ,resolving environmental and grid reliability conflicts 7a7 ,compliance with or violation of environmental laws while under emergency order ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 by inserting 7#a7 after 7c72 and 7#b7 by adding at the end the following3 7#b7 ,with respect to an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation1 the ,commission shall ensure that such order requires generation1 delivery1 interchange1 or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest1 and1 to the maximum extent practicable1 is consistent with any applicable ,federal1 ,state1 or local environmental law or regulation and minimizes any adverse environmental impacts4 7#c7 ,to the extent any omission or action taken by a party1 that is necessary to comply with an order issued under this subsection1 including any omission or action taken to voluntarily comply with such order1 results in noncompliance with1 or causes such party to not comply with1 any ,federal1 ,state1 or local environmental law or regulation1 such omission or action shall not be considered a violation of such environmental law or regulation1 or subject such party to any requirement1 civil or criminal liability1 or a citizen suit under such environmental law or regulation4 7#d7 7,a7 ,an order issued under this subsection that may result in a conflict with a requirement of any ,federal1 ,state1 or local environmental law or regulation shall expire not later than #ij days after it is issued4 ,the ,commission may renew or reissue such order pursuant to paragraphs 7#a7 and 7#b7 for subsequent periods1 not to exceed #ij days for each period1 as the commission determines necessary to meet the emergency and serve the public interest4 7,b7 ,in renewing or reissuing an order under subparagraph 7,a71 the ,commission shall consult with the primary ,federal agency with expertise in the environmental interest protected by such law or regulation1 and shall include in any such renewed or reissued order such conditions as such ,federal agency determines necessary to minimize any adverse environmental impacts to the extent practicable4 ,the conditions1 if any1 submitted by such ,federal agency shall be made available to the public4 ,the ,commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order1 or otherwise makes publicly available1 an explanation of such determination4 7#e7 ,if an order issued under this subsection is subsequently stayed1 modified1 or set aside by a court pursuant to section #cac or any other provision of law1 any omission or action previously taken by a party that was necessary to comply with the order while the order was in effect1 including any omission or action taken to voluntarily comply with the order1 shall remain subject to paragraph 7#c74 4 7b7 ,temporary connection or construction by municipalities ,section #bjb7;d7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7d77 is amended by inserting or municipality before engaged in the transmission or sale of electric energy4 #aajc4 ,emergency preparedness for energy supply disruptions 7a7 ,finding ,congress finds that recent natural disasters have underscored the importance of having resilient oil and natural gas infrastructure and effective ways for industry and government to communicate to address energy supply disruptions4 7b7 ,authorization for ,activities ,to ,enhance ,emergency ,preparedness for ,natural ,disasters ,the ,secretary of ,energy shall develop and adopt procedures to-- 7#a7 improve communication and coordination between the ,department of ,energy's energy response team1 ,federal partners1 and industry2 7#b7 leverage the ,energy ,information ,administration's subject matter expertise within the ,department's energy response team to improve supply chain situation assessments2 7#c7 establish company liaisons and direct communication with the ,department's energy response team to improve situation assessments2 7#d7 streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery2 7#e7 facilitate and increase engagement among ,states1 the oil and natural gas industry1 and the ,department in developing ,state and local energy assurance plans2 7#f7 establish routine education and training programs for key government emergency response positions with the ,department and ,states2 and 7#g7 involve ,states and the oil and natural gas industry in comprehensive drill and exercise programs4 7c7 ,cooperation ,the activities carried out under subsection 7b7 shall include collaborative efforts with ,state and local government officials and the private sector4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to ,congress a report describing the effectiveness of the activities authorized under this section4 #aajd4 ,critical electric infrastructure security 7a7 ,critical electric infrastructure security ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding after section #bae the following new section3 #bae;,a4 ,critical electric infrastructure security 7a7 ,definitions ,for purposes of this section3 7#a7 ,bulk-power system2 electric reliability organization2 regional entity ,the terms bulk-power system1 ,electric ,reliability ,organization1 and regional entity have the meanings given such terms in paragraphs 7#a71 7#b71 and 7#g7 of section #bae7;a71 respectively4 7#b7 ,critical electric infrastructure ,the term critical electric infrastructure means a system or asset of the bulk-power system1 whether physical or virtual1 the incapacity or destruction of which would negatively affect national security1 economic security1 public health or safety1 or any combination of such matters4 7#c7 ,critical electric infrastructure information ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electrical infrastructure1 generated by or provided to the ,commission or other ,federal agency1 other than classified national security information1 that is designated as critical electric infrastructure information by the ,commission under subsection 7d77#b74 ,such term includes information that qualifies as critical energy infrastructure information under the ,commission's regulations4 7#d7 ,defense critical electric infrastructure ,the term defense critical electric infrastructure means any electric infrastructure located in the ,united ,states 7including the territories7 that serves a facility designated by the ,secretary pursuant to subsection 7c71 but is not owned or operated by the owner or operator of such facility4 7#e7 ,electromagnetic pulse ,the term electromagnetic pulse means #a or more pulses of electromagnetic energy emitted by a device capable of disabling or disrupting operation of1 or destroying1 electronic devices or communications networks1 including hardware1 software1 and data1 by means of such a pulse4 7#f7 ,geomagnetic storm ,the term geomagnetic storm means a temporary disturbance of the ,earth's magnetic field resulting from solar activity4 7#g7 ,grid security emergency ,the term grid security emergency means the occurrence or imminent danger of-- 7,a7 7i7 a malicious act using electronic communication or an electromagnetic pulse1 or a geomagnetic storm event1 that could disrupt the operation of those electronic devices or communications networks1 including hardware1 software1 and data1 that are essential to the reliability of critical electric infrastructure or of defense critical electric infrastructure2 and 7ii7 disruption of the operation of such devices or networks1 with significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure1 as a result of such act or event2 or 7,b7 7i7 a direct physical attack on critical electric infrastructure or on defense critical electric infrastructure2 and 7ii7 significant adverse effects on the reliability of critical electric infrastructure or of defense critical electric infrastructure as a result of such physical attack4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,authority ,to address grid security emergency 7#a7 ,authority ,whenever the ,president issues and provides to the ,secretary a written directive or determination identifying a grid security emergency1 the ,secretary may1 with or without notice1 hearing1 or report1 issue such orders for emergency measures as are necessary in the judgment of the ,secretary to protect or restore the reliability of critical electric infrastructure or of defense critical electric infrastructure during such emergency4 ,as soon as practicable but not later than #ahj days after the date of enactment of this section1 the ,secretary shall1 after notice and opportunity for comment1 establish rules of procedure that ensure that such authority can be exercised expeditiously4 7#b7 ,notification of ,congress ,whenever the ,president issues and provides to the ,secretary a written directive or determination under paragraph 7#a71 the ,president shall promptly notify congressional committees of relevant jurisdiction1 including the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate1 of the contents of1 and justification for1 such directive or determination4 7#c7 ,consultation ,before issuing an order for emergency measures under paragraph 7#a71 the ,secretary shall1 to the extent practicable in light of the nature of the grid security emergency and the urgency of the need for action1 consult with appropriate governmental authorities in ,canada and ,mexico1 entities described in paragraph 7#d71 the ,electricity ,sub-sector ,coordinating ,council1 the ,commission1 and other appropriate ,federal agencies regarding implementation of such emergency measures4 7#d7 ,application ,an order for emergency measures under this subsection may apply to-- 7,a7 the ,electric ,reliability ,organization2 7,b7 a regional entity2 or 7,c7 any owner1 user1 or operator of critical electric infrastructure or of defense critical electric infrastructure within the ,united ,states4 7#e7 ,expiration and reissuance 7,a7 ,in general ,except as provided in subparagraph 7,b71 an order for emergency measures issued under paragraph 7#a7 shall expire no later than #ae days after its issuance4 7,b7 ,extensions ,the ,secretary may reissue an order for emergency measures issued under paragraph 7#a7 for subsequent periods1 not to exceed #ae days for each such period1 provided that the ,president1 for each such period1 issues and provides to the ,secretary a written directive or determination that the grid security emergency identified under paragraph 7#a7 continues to exist or that the emergency measure continues to be required4 7#f7 ,cost recovery 7,a7 ,critical electric infrastructure ,if the ,commission determines that owners1 operators1 or users of critical electric infrastructure have incurred substantial costs to comply with an order for emergency measures issued under this subsection and that such costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by such owners1 operators1 or users1 the ,commission shall1 consistent with the requirements of section #bje1 after notice and an opportunity for comment1 establish a mechanism that permits such owners1 operators1 or users to recover such costs4 7,b7 ,defense critical electric infrastructure ,to the extent the owner or operator of defense critical electric infrastructure is required to take emergency measures pursuant to an order issued under this subsection1 the owners or operators of a critical defense facility or facilities designated by the ,secretary pursuant to subsection 7c7 that rely upon such infrastructure shall bear the full incremental costs of the measures4 7#g7 ,temporary access to classified information ,the ,secretary1 and other appropriate ,federal agencies1 shall1 to the extent practicable and consistent with their obligations to protect classified information1 provide temporary access to classified information related to a grid security emergency for which emergency measures are issued under paragraph 7#a7 to key personnel of any entity subject to such emergency measures to enable optimum communication between the entity and the ,secretary and other appropriate ,federal agencies regarding the grid security emergency4 7c7 ,designation of critical defense facilities ,not later than #ahj days after the date of enactment of this section1 the ,secretary1 in consultation with other appropriate ,federal agencies and appropriate owners1 users1 or operators of infrastructure that may be defense critical electric infrastructure1 shall identify and designate facilities located in the ,united ,states 7including the territories7 that are-- 7#a7 critical to the defense of the ,united ,states2 and 7#b7 vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider4 ,the ,secretary may1 in consultation with appropriate ,federal agencies and appropriate owners1 users1 or operators of defense critical electric infrastructure1 periodically revise the list of designated facilities as necessary4 7d7 ,protection and sharing of critical electric infrastructure information 7#a7 ,protection of critical electric infrastructure information ,critical electric infrastructure information-- 7,a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7,b7 shall not be made available by any ,federal1 ,state1 political subdivision or tribal authority pursuant to any ,federal1 ,state1 political subdivision or tribal law requiring public disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,not later than one year after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 shall promulgate such regulations and issue such orders as necessary to-- 7,a7 designate information as critical electric infrastructure information2 7,b7 prohibit the unauthorized disclosure of critical electric infrastructure information2 7,c7 ensure there are appropriate sanctions in place for ,commissioners1 officers1 employees1 or agents of the ,commission who knowingly and willfully disclose critical electric infrastructure information in a manner that is not authorized under this section2 and 7,d7 taking into account standards of the ,electric ,reliability ,organization1 facilitate voluntary sharing of critical electric infrastructure information with1 between1 and by-- 7i7 ,federal1 ,state1 political subdivision1 and tribal authorities2 7ii7 the ,electric ,reliability ,organization2 7iii7 regional entities2 7iv7 information sharing and analysis centers established pursuant to ,presidential ,decision ,directive #fc2 7v7 owners1 operators1 and users of critical electric infrastructure in the ,united ,states2 and 7vi7 other entities determined appropriate by the ,commission4 7#c7 ,considerations ,in promulgating regulations and issuing orders under paragraph 7#b71 the ,commission shall take into consideration the role of ,state commissions in reviewing the prudence and cost of investments1 determining the rates and terms of conditions for electric services1 and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions4 7#d7 ,protocols ,the ,commission shall1 in consultation with ,canadian and ,mexican authorities1 develop protocols for the voluntary sharing of critical electric infrastructure information with ,canadian and ,mexican authorities and owners1 operators1 and users of the bulk-power system outside the ,united ,states4 7#e7 ,no required sharing of information ,nothing in this section shall require a person or entity in possession of critical electric infrastructure information to share such information with ,federal1 ,state1 political subdivision1 or tribal authorities1 or any other person or entity4 7#f7 ,disclosure of non-critical electric infrastructure information ,in implementing this section1 the ,commission shall segregate critical electric infrastructure information within documents and electronic communications1 wherever feasible1 to facilitate disclosure of information that is not designated as critical electric infrastructure information4 7e7 ,security clearances ,the ,secretary shall facilitate and1 to the extent practicable1 expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section1 to enable optimum communication with ,federal agencies regarding threats to the security of the critical electric infrastructure4 ,the ,secretary1 the ,commission1 and other appropriate ,federal agencies shall1 to the extent practicable and consistent with their obligations to protect classified and critical electric infrastructure information1 share timely actionable information regarding grid security with appropriate key personnel of owners1 operators1 and users of the critical electric infrastructure4 7f7 ,clarifications of liability 7#a7 ,compliance with or violation of this ,act ,except as provided in paragraph 7#d71 to the extent any action or omission taken by an entity that is necessary to comply with an order for emergency measures issued under subsection 7b77#a71 including any action or omission taken to voluntarily comply with such order1 results in noncompliance with1 or causes such entity not to comply with any rule1 order1 regulation1 or provision of this ,act1 including any reliability standard approved by the ,commission pursuant to section #bae1 such action or omission shall not be considered a violation of such rule1 order1 regulation1 or provision4 7#b7 ,relation to section #bjb7;c7 ,except as provided in paragraph 7#d71 an action or omission taken by an owner1 operator1 or user of critical electric infrastructure or of defense critical electric infrastructure to comply with an order for emergency measures issued under subsection 7b77#a7 shall be treated as an action or omission taken to comply with an order issued under section #bjb7;c7 for purposes of such section4 7#c7 ,sharing or receipt of information ,no cause of action shall lie or be maintained in any ,federal or ,state court for the sharing or receipt of information under1 and that is conducted in accordance with1 subsection 7d74 7#d7 ,rule of construction ,nothing in this subsection shall be construed to require dismissal of a cause of action against an entity that1 in the course of complying with an order for emergency measures issued under subsection 7b77#a7 by taking an action or omission for which they would be liable but for paragraph 7#a7 or 7#b71 takes such action or omission in a grossly negligent manner4 4 7b7 ,conforming amendments 7#a7 ,jurisdiction ,section #bja7;b77#b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;b77#b77 is amended by inserting #bae;,a1 after #bae1 each place it appears4 7#b7 ,public utility ,section #bja7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd7;e77 is amended by inserting #bae;,a1 after #bae14 #aaje4 ,strategic ,transformer ,reserve 7a7 ,finding ,congress finds that the storage of strategically located spare large power transformers will reduce the vulnerability of the ,united ,states to multiple risks facing electric grid reliability1 including physical attack1 cyber attack1 electromagnetic pulse1 geomagnetic disturbances1 severe weather1 and seismic events4 7b7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,critically damaged large power transformer ,the term critically damaged large power transformer means a large power transformer that-- 7,a7 has sustained extensive damage such that-- 7i7 repair or refurbishment is not economically viable2 or 7ii7 the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system2 and 7,b7 prior to sustaining such damage1 was part of the bulk-power system4 7#c7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given such term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#d7 ,large power transformer ,the term large power transformer means a power transformer with a maximum nameplate rating of #ajj megavolt-amperes or higher1 including related critical equipment1 that is1 or is intended to be1 a part of the bulk-power system4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#f7 ,spare large power transformer ,the term spare large power transformer means a large power transformer that is stored within the ,strategic ,transformer ,reserve to be available to temporarily replace a critically damaged large power transformer4 7c7 ,strategic ,transformer ,reserve plan 7#a7 ,plan ,not later than one year after the date of enactment of this ,act1 the ,secretary1 acting through the ,office of ,electricity ,delivery and ,energy ,reliability1 shall1 in consultation with the ,federal ,energy ,regulatory ,commission1 the ,electricity ,sub-sector ,coordinating ,council1 and the ,electric ,reliability ,organization1 prepare and submit to ,congress a plan to establish a ,strategic ,transformer ,reserve for the storage1 in strategically located facilities1 of spare large power transformers in sufficient numbers to temporarily replace critically damaged large power transformers4 7#b7 ,inclusions ,the ,strategic ,transformer ,reserve plan shall include a description of-- 7,a7 the appropriate number and type of spare large power transformers necessary to provide or restore sufficient resiliency to the bulk-power system to mitigate significant impacts to the electric grid resulting from-- 7i7 physical attack2 7ii7 cyber attack2 7iii7 electromagnetic pulse attack2 7iv7 geomagnetic disturbances2 7v7 severe weather2 or 7vi7 seismic events2 7,b7 other critical electric grid equipment for which an inventory of spare equipment is necessary to provide or restore sufficient resiliency to the bulk-power system2 7,c7 the degree to which utility sector actions or initiatives1 including individual utility ownership of spare equipment1 joint ownership of spare equipment inventory1 sharing agreements1 or other spare equipment reserves or arrangements1 satisfy the needs identified under subparagraphs 7,a7 and 7,b72 7,d7 the potential locations for1 and feasibility and appropriate number of1 strategic storage locations for reserve equipment1 including consideration of-- 7i7 the physical security of such locations2 7ii7 the protection of the confidentiality of such locations2 and 7iii7 the proximity of such locations to sites of potentially critically damaged large power transformers1 so as to enable efficient delivery of spare large power transformers to such sites2 7,e7 the necessary degree of flexibility of spare large power transformers to be included in the ,strategic ,transformer ,reserve to conform to different substation configurations1 including consideration of transformer-- 7i7 power and voltage rating for each winding2 7ii7 overload requirements2 7iii7 impedance between windings2 7iv7 configuration of windings2 and 7v7 tap requirements2 7,f7 an estimate of the direct cost of the ,strategic ,transformer ,reserve1 as proposed1 including-- 7i7 the cost of storage facilities for the spare large power transformers2 7ii7 the cost of the spare large power transformers2 and 7iii7 management1 maintenance1 and operation costs2 7,g7 the funding options available to establish1 stock1 manage1 and maintain the ,strategic ,transformer ,reserve1 including consideration of fees on owners of bulk-power system facilities relying on the ,strategic ,transformer ,reserve1 use of ,federal appropriations1 and public-private cost-sharing options2 7,h7 the ease and speed of transportation1 installation1 and energization of spare large power transformers to be included in the ,strategic ,transformer ,reserve1 including consideration of factors such as-- 7i7 transformer transportation weight2 7ii7 transformer size2 7iii7 topology of critical substations2 7iv7 availability of appropriate transformer mounting pads2 7v7 flexibility of the spare large power transformers as described in subparagraph 7,e72 and 7vi7 ability to rapidly transition a spare large power transformer from storage to energization2 7,i7 eligibility criteria for withdrawal of spare large power transformers from the ,strategic ,transformer ,reserve to replace critically damaged large power transformers2 7,j7 the process by which owners of critically damaged large power transformers may apply for a withdrawal from the ,strategic ,transformer ,reserve2 7,k7 the process by which spare large power transformers withdrawn from the ,strategic ,transformer ,reserve are returned to the ,strategic ,transformer ,reserve or are replaced2 7,l7 possible fees to be paid by owners of critically damaged large power transformers that have withdrawn such spare large power transformers from the ,strategic ,transformer ,reserve2 7,m7 possible fees to be paid by owners of large power transformers to cover operating costs of the ,strategic ,transformer ,reserve2 7,n7 the domestic and international large power transformer supply chain2 and 7,o7 other considerations for designing1 constructing1 stocking1 funding1 and managing the ,strategic ,transformer ,reserve4 7d7 ,establishment ,the ,secretary may establish a ,strategic ,transformer ,reserve in accordance with the plan prepared pursuant to subsection 7c7 after the date that is #f months after the date on which such plan is submitted to ,congress4 7e7 ,disclosure of information ,any information included in the ,strategic ,transformer ,reserve plan1 or shared in the preparation and development of such plan1 the disclosure of which could cause harm to critical electric infrastructure 7as defined in section #bae;,a of the ,federal ,power ,act71 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code1 and any ,state1 tribal1 or local law requiring disclosure of information or records4 #aajf4 ,cyber ,sense 7a7 ,in ,general ,the ,secretary of ,energy shall establish a voluntary ,cyber ,sense program to identify and promote cyber-secure products intended for use in the bulk-power system1 as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7b7 ,program requirements ,in carrying out subsection 7a71 the ,secretary of ,energy shall-- 7#a7 establish a ,cyber ,sense testing process to identify products and technologies intended for use in the bulk-power system1 including products relating to industrial control systems1 such as supervisory control and data acquisition systems2 7#b7 for products tested and identified under the ,cyber ,sense program1 establish and maintain cybersecurity vulnerability reporting processes and a related database2 7#c7 promulgate regulations regarding vulnerability reporting processes for products tested and identified under the ,cyber ,sense program2 7#d7 provide technical assistance to utilities1 product manufacturers1 and other electric sector stakeholders to develop solutions to mitigate identified vulnerabilities in products tested and identified under the ,cyber ,sense program2 7#e7 biennially review products tested and identified under the ,cyber ,sense program for vulnerabilities and provide analysis with respect to how such products respond to and mitigate cyber threats2 7#f7 develop procurement guidance for utilities for products tested and identified under the ,cyber ,sense program2 7#g7 provide reasonable notice to the public1 and solicit comments from the public1 prior to establishing or revising the ,cyber ,sense testing process2 7#h7 oversee ,cyber ,sense testing carried out by third parties2 and 7#i7 consider incentives to encourage the use in the bulk-power system of products tested and identified under the ,cyber ,sense program4 7c7 ,disclosure of information ,any vulnerability reported pursuant to regulations promulgated under subsection 7b77#c71 the disclosure of which could cause harm to critical electric infrastructure 7as defined in section #bae;,a of the ,federal ,power ,act71 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code1 and any ,state1 tribal1 or local law requiring disclosure of information or records4 7d7 ,federal ,government liability ,consistent with other voluntary ,federal ,government certification programs1 nothing in this section shall be construed to authorize the commencement of an action against the ,united ,states ,government with respect to the testing and identification of a product under the ,cyber ,sense program4 #aajg4 ,state coverage and consideration of ,,purpa standards for electric utilities 7a7 ,state consideration of resiliency and advanced energy analytics technologies and reliable generation 7#a7 ,consideration ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding the following at the end3 7#bj7 ,improving the resilience of electric infrastructure 7,a7 ,in general ,each electric utility shall develop a plan to use resiliency-related technologies and other approaches designed to improve the resilience of electric infrastructure1 mitigate power outages1 continue delivery of vital services1 and maintain the flow of power to facilities critical to public health1 safety1 and welfare1 to the extent practicable using the most current data1 metrics1 and frameworks related to current and future threats1 including physical and cyber attacks1 electromagnetic pulse attacks1 geomagnetic disturbances1 seismic events1 and severe weather and other environmental stressors4 7,b7 ,resiliency-related technologies ,for purposes of this paragraph1 examples of resiliency-related technologies include-- 7i7 advanced grid technologies capable of isolating or repairing problems remotely1 such as advanced metering infrastructure1 high-tech sensors1 grid monitoring and control systems1 and remote reconfiguration and redundancy systems2 7ii7 all types of distributed and back-up generation2 7iii7 microgrids2 7iv7 combined heat and power2 7v7 waste heat resources2 7vi7 energy storage technologies2 7vii7 wiring1 cabling1 and other distribution components1 including submersible distribution components1 and enclosures2 7viii7 electronically controlled reclosers and similar technologies for power restoration2 and 7ix7 advanced energy analytics technology 7as described in paragraph 7#ba774 7,c7 ,rate recovery ,each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 shall consider authorizing each such electric utility to recover any capital1 operating expenditure1 or other costs of the electric utility related to the procurement1 deployment1 or use of resiliency-related technologies1 including a reasonable rate of return on the capital expenditures of the electric utility for the procurement1 deployment1 or use of resiliency-related technologies4 7#ba7 ,promoting investments in advanced energy analytics technology 7,a7 ,in general ,each electric utility shall develop and implement a plan for deploying advanced energy analytics technology4 7,b7 ,rate recovery ,each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 shall consider confirming and clarifying1 if necessary1 that each such electric utility is authorized to recover the costs of the electric utility relating to the procurement1 deployment1 or use of advanced energy analytics technology1 including a reasonable rate of return on all such costs incurred by the electric utility for the procurement1 deployment1 or use of advanced energy analytics technology1 provided such technology is used by the electric utility for purposes of realizing operational efficiencies1 cost savings1 enhanced energy management and customer engagement1 improvements in system reliability1 safety1 and cybersecurity1 or other benefits to ratepayers4 7,c7 ,advanced energy analytics technology ,for purposes of this paragraph1 examples of advanced energy analytics technology include ,internet-based and cloud-based computing solutions and subscription licensing models1 including software as a service that uses cyber-physical systems to allow the correlation of data aggregated from appropriate data sources and smart grid sensor networks1 employs analytics and machine learning1 or employs other advanced computing solutions and models4 7#bb7 ,assuring electric reliability with reliable generation 7,a7 ,assurance of electric reliability ,each electric utility shall adopt or modify policies to ensure that such electric utility incorporates reliable generation into its integrated resource plan to assure the availability of electric energy over a #aj-year planning period4 7,b7 ,reliable generation ,for purposes of this paragraph1 reliable generation means electric generation facilities with reliability attributes that include-- 7i7 operational characteristics that enable the generation of electric energy on a continuous basis2 7ii7 in order to generate electric energy on a continuous basis-- 7,i7 possession of adequate fuel on-site2 7,,ii7 the operational ability to generate electric energy from more than one fuel source2 or 7,,iii7 fuel certainty1 through contractual obligations1 that ensures adequate fuel supply2 7iii7 operational characteristics that enable the generation of electric energy during emergency and severe weather conditions2 and 7iv7 essential reliability services1 including frequency support and voltage support1 to maintain electric reliability4 4 7#b7 ,compliance 7,a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standards established by paragraphs 7#bj7 and 7#bb7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of the enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to each standard established by paragraphs 7#bj7 and 7#bb7 of section #aaa7;d74 7#h7 7,a7 ,not later than #f months after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall commence the consideration referred to in section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 7,b7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which it has ratemaking authority7 and each nonregulated electric utility shall complete the consideration1 and shall make the determination1 referred to in section #aaa with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 4 7,b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended by adding the following at the end3 ,in the case of the standards established by paragraphs 7#bj7 through 7#bb7 of section #aaa7;d71 the reference contained in this subsection to the date of enactment of this ,act shall be deemed to be a reference to the date of enactment of such paragraphs44 7,c7 ,prior ,state actions ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;d77 is amended by adding at the end the following new subsection3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 of this section shall not apply to a standard established by paragraph 7#bj71 7#ba71 or 7#bb7 of section #aaa7;d7 in the case of any electric utility in a ,state if-- 7#a7 before the date of enactment of this subsection1 the ,state has implemented for such utility the standard concerned 7or a comparable standard72 7#b7 the ,state regulatory authority for such ,state or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned 7or a comparable standard7 for such utility during the #c-year period ending on the date of enactment of this subsection2 or 7#c7 the ,state legislature has voted on the implementation of the standard concerned 7or a comparable standard7 for such utility during the #c-year period ending on the date of enactment of this subsection4 4 7b7 ,coverage for competitive markets ,section #ajb of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfab7 is amended by adding at the end the following3 7d7 ,the requirements of this title do not apply to the operations of an electric utility1 or to proceedings respecting such operations1 to the extent that such operations or proceedings relate to the competitive sale of retail electric energy that is unbundled or separated from the regulated provision or sale of distribution service4 4 ,,ii #bast ,century ,workforce #baja4 ,energy and manufacturing workforce development 7a7 ,in general ,the ,secretary of ,energy 7in this section referred to as the ,secretary7 shall establish and carry out a comprehensive program to improve education and training for energy and manufacturing-related jobs in order to increase the number of skilled workers trained to work in energy and manufacturing-related fields1 including by-- 7#a7 encouraging underrepresented groups1 including religious and ethnic minorities1 women1 veterans1 individuals with disabilities1 and socioeconomically disadvantaged individuals to enter into the science1 technology1 engineering1 and mathematics 7in this section referred to as ,,stem7 fields2 7#b7 encouraging the ,nation's education system to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the ,nation's energy and manufacturing industries2 7#c7 providing students and other candidates for employment with the necessary skills and certifications for skilled1 semiskilled1 and highly skilled energy and manufacturing-related jobs2 and 7#d7 strengthening and more fully engaging ,department of ,energy programs and labs in carrying out the ,department's ,minorities in ,energy ,initiative4 7b7 ,priority ,the ,secretary shall make educating and training underrepresented groups for energy and manufacturing-related jobs a national priority under the program established under subsection 7a74 7c7 ,direct assistance ,in carrying out the program established under subsection 7a71 the ,secretary shall provide direct assistance 7including financial assistance awards1 technical expertise1 wraparound services1 career coaching1 mentorships1 internships1 and partnerships7 to schools1 community colleges1 workforce development organizations1 nonprofit organizations1 labor organizations1 apprenticeship programs1 and minority serving institutions4 ,the ,secretary shall distribute direct assistance in a manner proportional to energy and manufacturing industry needs and demand for jobs1 consistent with information obtained under subsections 7e77#c7 and 7i74 7d7 ,clearinghouse ,in carrying out the program established under subsection 7a71 the ,secretary shall establish a clearinghouse to-- 7#a7 maintain and update information and resources on training and workforce development programs for energy and manufacturing-related jobs2 and 7#b7 act as a resource1 and provide guidance1 for schools1 community colleges1 universities 7including minority serving institutions71 workforce development programs1 labor management organizations1 and industry organizations that would like to develop and implement energy and manufacturing-related training programs4 7e7 ,collaboration ,in carrying out the program established under subsection 7a71 the ,secretary-- 7#a7 shall collaborate with schools1 community colleges1 universities 7including minority serving institutions71 workforce training organizations1 national laboratories1 unions1 ,state energy offices1 workforce investment boards1 and the energy and manufacturing industries2 7#b7 shall encourage and foster collaboration1 mentorships1 and partnerships among organizations 7including unions1 industry1 schools1 community colleges1 workforce development organizations1 and colleges and universities7 that currently provide effective job training programs in the energy and manufacturing fields and institutions 7including schools1 community colleges1 workforce development programs1 and colleges and universities7 that seek to establish these types of programs in order to share best practices and approaches that best suit local1 ,state1 and national needs2 and 7#c7 shall collaborate with the ,bureau of ,labor ,statistics1 the ,department of ,commerce1 the ,bureau of the ,census1 and the energy and manufacturing industries to develop a comprehensive and detailed understanding of the energy and manufacturing workforce needs and opportunities by ,state and by region1 and publish an annual report on energy and manufacturing job creation by the sectors enumerated in subsection 7i74 7f7 ,guidelines for educational institutions 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary1 in collaboration with the ,secretary of ,education1 the ,secretary of ,commerce1 the ,secretary of ,labor1 the ,national ,science ,foundation1 and industry shall develop voluntary guidelines and best practices for educational institutions of all levels1 including for elementary and secondary schools and community colleges and for undergraduate1 graduate1 and postgraduate university programs1 to help provide graduates with the skills necessary to work in energy and manufacturing-related jobs4 7#b7 ,input ,the ,secretary shall solicit input from the oil1 gas1 coal1 renewable1 nuclear1 utility1 energy-intensive and advanced manufacturing1 and pipeline industries in developing guidelines under paragraph 7#a74 7#c7 ,energy and manufacturing efficiency and conservation initiatives ,the guidelines developed under paragraph 7#a7 shall include grade-specific guidelines for teaching energy and manufacturing efficiency and conservation initiatives to educate students and families4 7#d7 ,,stem education ,the guidelines developed under paragraph 7#a7 shall promote ,,stem education as it relates to job opportunities in energy and manufacturing-related fields of study in schools1 community colleges1 and universities nationally4 7g7 ,outreach to minority serving institutions ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to minority serving institutions 7including historically black colleges and universities1 predominantly black institutions1 ,hispanic serving institutions1 and tribal institutions72 7#b7 make resources available to minority serving institutions with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors2 7#c7 encourage industry to improve the opportunities for students of minority serving institutions to participate in industry internships and cooperative work_/study programs2 and 7#d7 partner with the ,department of ,energy laboratories to increase underrepresented groups' participation in internships1 fellowships1 traineeships1 and employment at all ,department of ,energy laboratories4 7h7 ,outreach to displaced and unemployed energy and manufacturing workers ,in carrying out the program established under subsection 7a71 the ,secretary shall-- 7#a7 give special consideration to increasing outreach to employers and job trainers preparing displaced and unemployed energy and manufacturing workers for emerging energy and manufacturing jobs2 7#b7 make resources available to institutions serving displaced and unemployed energy and manufacturing workers with the objective of training individuals to re-enter the energy and manufacturing workforce2 and 7#c7 encourage the energy and manufacturing industries to improve opportunities for displaced and unemployed energy and manufacturing workers to participate in internships and cooperative work_/study programs4 7i7 ,guidelines ,to develop skills for an energy and manufacturing industry workforce ,in carrying out the program established under subsection 7a71 the ,secretary shall collaborate with representatives from the energy and manufacturing industries 7including the oil1 gas1 coal1 nuclear1 utility1 pipeline1 renewable1 petrochemical1 manufacturing1 and electrical construction sectors7 to identify the areas of highest need in each sector and to develop guidelines for the skills necessary to develop a workforce trained to go into the following sectors of the energy and manufacturing sectors3 7#a7 ,energy efficiency industry1 including work in energy efficiency1 conservation1 weatherization1 or retrofitting1 or as inspectors or auditors4 7#b7 ,pipeline industry1 including work in pipeline construction and maintenance or work as engineers or technical advisors4 7#c7 ,utility industry1 including work in the generation1 transmission1 and distribution of electricity and natural gas1 such as utility technicians1 operators1 lineworkers1 engineers1 scientists1 and information technology specialists4 7#d7 ,alternative fuels1 including work in biofuel development and production4 7#e7 ,nuclear industry1 including work as scientists1 engineers1 technicians1 mathematicians1 or security personnel4 7#f7 ,oil and gas industry1 including work as scientists1 engineers1 technicians1 mathematicians1 petrochemical engineers1 or geologists4 7#g7 ,renewable industry1 including work in the development1 manufacturing1 and production of renewable energy sources 7such as solar1 hydropower1 wind1 or geothermal energy74 7#h7 ,coal industry1 including work as coal miners1 engineers1 developers and manufacturers of state-of-the-art coal facilities1 technology vendors1 coal transportation workers and operators1 or mining equipment vendors4 7#i7 ,manufacturing industry1 including work as operations technicians1 operations and design in additive manufacturing1 #c-;,d printing1 advanced composites1 and advanced aluminum and other metal alloys1 industrial energy efficiency management systems1 including power electronics1 and other innovative technologies4 7#aj7 ,chemical manufacturing industry1 including work in construction 7such as welders1 pipefitters1 and tool and die makers7 or as instrument and electrical technicians1 machinists1 chemical process operators1 chemical engineers1 quality and safety professionals1 and reliability engineers4 7j7 ,enrollment in training and apprenticeship programs ,in carrying out the program established under subsection 7a71 the ,secretary shall work with industry1 organized labor1 and community-based workforce organizations to help identify students and other candidates1 including from underrepresented communities such as minorities1 women1 and veterans1 to enroll into training and apprenticeship programs for energy and manufacturing-related jobs4 ,,iii ,energy ,security and ,diplomacy #caja4 ,sense of ,congress ,congress finds the following3 7#a7 ,north ,america's energy revolution has significantly enhanced energy security in the ,united ,states1 and fundamentally changed the ,nation's energy future from that of scarcity to abundance4 7#b7 ,north ,america's energy abundance has increased global energy supplies and reduced the price of energy for consumers in the ,united ,states and abroad4 7#c7 ,allies and trading partners of the ,united ,states1 including in ,europe and ,asia1 are seeking stable and affordable energy supplies from ,north ,america to enhance their energy security4 7#d7 ,the ,united ,states has an opportunity to improve its energy security and promote greater stability and affordability of energy supplies for its allies and trading partners through a more integrated1 secure1 and competitive ,north ,american energy system4 7#e7 ,the ,united ,states also has an opportunity to promote such objectives by supporting the free flow of energy commodities and more open1 transparent1 and competitive global energy markets1 and through greater ,federal agency coordination relating to regulations or agency actions that significantly affect the supply1 distribution1 or use of energy4 #cajb4 ,energy security valuation 7a7 ,establishment of ,energy ,security ,valuation ,methods ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall develop and transmit1 after public notice and comment1 to the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate a report that develops recommended ,united ,states energy security valuation methods4 ,in developing the report1 the ,secretaries may consider the recommendations of the ,administration's ,quadrennial ,energy ,review released on ,april #ba1 #bjae4 ,the report shall-- 7#a7 evaluate and define ,united ,states energy security to reflect modern domestic and global energy markets and the collective needs of the ,united ,states and its allies and partners2 7#b7 identify transparent and uniform or coordinated procedures and criteria to ensure that energy-related actions that significantly affect the supply1 distribution1 or use of energy are evaluated with respect to their potential impact on energy security1 including their impact on-- 7,a7 consumers and the economy2 7,b7 energy supply diversity and resiliency2 7,c7 well-functioning and competitive energy markets2 7,d7 ,united ,states trade balance2 and 7,e7 national security objectives2 and 7#c7 include a recommended implementation strategy that identifies and aims to ensure that the procedures and criteria referred to in paragraph 7#b7 are-- 7,a7 evaluated consistently across the ,federal ,government2 and 7,b7 weighed appropriately and balanced with environmental considerations required by ,federal law4 7b7 ,participation ,in developing the report referred to in subsection 7a71 the ,secretaries may consult with relevant ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 #cajc4 ,north ,american energy security plan 7a7 ,requirement ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall develop and transmit to the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate the plan described in subsection 7b74 7b7 ,purpose ,the plan referred to in subsection 7a7 shall include-- 7#a7 a recommended framework and implementation strategy to-- 7,a7 improve planning and coordination with ,canada and ,mexico to enhance energy integration1 strengthen ,north ,american energy security1 and promote efficiencies in the exploration1 production1 storage1 supply1 distribution1 marketing1 pricing1 and regulation of ,north ,american energy resources2 and 7,b7 address-- 7i7 ,north ,american energy public data1 statistics1 and mapping collaboration2 7ii7 responsible and sustainable best practices for the development of unconventional oil and natural gas2 and 7iii7 modern1 resilient energy infrastructure for ,north ,america1 including physical infrastructure as well as institutional infrastructure such as policies1 regulations1 and practices relating to energy development2 and 7#b7 a recommended framework and implementation strategy to improve collaboration with ,caribbean and ,central ,american partners on energy security1 including actions to support-- 7,a7 more open1 transparent1 and competitive energy markets2 7,b7 regulatory capacity building2 7,c7 improvements to energy transmission and storage2 and 7,d7 improvements to the performance of energy infrastructure and efficiency4 7c7 ,participation ,in developing the plan referred to in subsection 7a71 the ,secretaries may consult with other ,federal1 ,state1 private sector1 and international participants1 as appropriate and consistent with applicable law4 #cajd4 ,collective energy security 7a7 ,in general ,the ,secretary of ,energy and the ,secretary of ,state shall collaborate to strengthen domestic energy security and the energy security of the allies and trading partners of the ,united ,states1 including through actions that support or facilitate-- 7#a7 energy diplomacy2 7#b7 the delivery of ,united ,states assistance1 including energy resources and technologies1 to prevent or mitigate an energy security crisis2 7#c7 the development of environmentally and commercially sustainable energy resources2 7#d7 open1 transparent1 and competitive energy markets2 and 7#e7 regulatory capacity building4 7b7 ,energy ,security ,forums ,not later than one year after the date of enactment of this ,act1 the ,secretary of ,energy1 in collaboration with the ,secretary of ,state1 shall convene not less than #b forums to promote the collective energy security of the ,united ,states and its allies and trading partners4 ,the forums shall include participation by the ,secretary of ,energy and the ,secretary of ,state4 ,in addition1 an invitation shall be extended to-- 7#a7 appropriate representatives of foreign governments that are allies or trading partners of the ,united ,states2 and 7#b7 independent experts and industry representatives4 7c7 ,requirements ,the forums shall-- 7#a7 consist of at least one ,trans-,atlantic and one ,trans-,pacific energy security forum2 7#b7 be designed to foster dialogue among government officials1 independent experts1 and industry representatives regarding-- 7,a7 the current state of global energy markets2 7,b7 trade and investment issues relevant to energy2 and 7,c7 barriers to more open1 competitive1 and transparent energy markets2 and 7#c7 be recorded and made publically available on the ,department of ,energy's website1 including1 not later than #cj days after each forum1 publication on the website any significant outcomes4 7d7 ,notification ,at least #cj days before each of the forums referred to in subsection 7b71 the ,secretary of ,energy shall send a notification regarding the forum to-- 7#a7 the chair and the ranking minority member of the ,committee on ,energy and ,commerce and the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#b7 the chair and ranking minority member of the ,committee on ,energy and ,natural ,resources and the ,committee on ,foreign ,relations of the ,senate4 #caje4 ,strategic ,petroleum ,reserve mission readiness plan ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,energy shall conduct a long-range strategic review of the ,strategic ,petroleum ,reserve and develop and transmit to ,congress a plan that includes an analysis and implementation schedule that-- 7#a7 specifies near-term and long-term roles of the ,strategic ,petroleum ,reserve relative to ,united ,states energy security and economic goals and objectives2 7#b7 describes existing legal authorities governing the policies1 configuration1 and capabilities of the ,strategic ,petroleum ,reserve2 7#c7 identifies ,strategic ,petroleum ,reserve configuration and performance capabilities and recommends an action plan to achieve the optimal-- 7,a7 capacity1 location1 and composition of petroleum products in the ,reserve2 and 7,b7 storage and distributional capabilities2 and 7#d7 estimates the resources required to attain and maintain the ,strategic ,petroleum ,reserve's long-term sustainability and operational effectiveness4 ,,iv ,energy ,efficiency and ,accountability ,a ,energy ,efficiency #a ,federal ,agency ,energy ,efficiency #daaa4 ,energy-efficient and energy-saving information technologies 7a7 ,amendment ,subtitle ,c of title ,v of the ,energy ,independence and ,security ,act of #bjjg 7,public ,law #aaj-adj2 #aba ,stat4 #affa7 is amended by adding at the end the following3 #ecj4 ,energy-efficient and energy-saving information technologies 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#b7 ,information technology ,the term information technology has the meaning given that term in section #aaaja of title #dj1 ,united ,states ,code4 7b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this section1 each ,federal agency shall coordinate with the ,director1 the ,secretary1 and the ,administrator of the ,environmental ,protection ,agency to develop an implementation strategy 7that includes best practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies1 taking into consideration the performance goals established under subsection 7d74 7c7 ,administration ,in developing an implementation strategy under subsection 7b71 each ,federal agency shall consider-- 7#a7 advanced metering infrastructure2 7#b7 energy-efficient data center strategies and methods of increasing asset and infrastructure utilization2 7#c7 advanced power management tools2 7#d7 building information modeling1 including building energy management2 7#e7 secure telework and travel substitution tools2 and 7#f7 mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization4 7d7 ,performance goals 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,director1 in consultation with the ,secretary1 shall establish performance goals for evaluating the efforts of ,federal agencies in improving the maintenance1 purchase1 and use of energy-efficient and energy-saving information technology4 7#b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall recommend best practices for the attainment of the performance goals1 which shall include ,federal agency consideration of1 to the extent applicable by law1 the use of-- 7,a7 energy savings performance contracting2 and 7,b7 utility energy services contracting4 7e7 ,reports 7#a7 ,agency reports ,each ,federal agency shall include in the report of the agency under section #ebg a description of the efforts and results of the agency under this section4 7#b7 ,,omb government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjag1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh a description of the efforts and results of ,federal agencies under this section4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended by adding after the item relating to section #ebi the following3 ,sec4 #ecj4 ,energy-efficient and energy-saving information technologies4 4 #daab4 ,energy efficient data centers ,section #dec of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaab7 is amended-- 7#a7 in subsection 7b77#b77;,d77iv71 by striking determined by the organization and inserting proposed by the stakeholders2 7#b7 by striking subsection 7b77#c72 and 7#c7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement ,the ,secretary and the ,administrator shall carry out subsection 7b7 in collaboration with information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the most relevant and useful information available4 ,in such collaboration1 the ,secretary and the ,administrator shall pay particular attention to organizations that-- 7#a7 have members with expertise in energy efficiency and in the development1 operation1 and functionality of data centers1 information technology equipment1 and software1 such as representatives of hardware manufacturers1 data center operators1 and facility managers2 7#b7 obtain and address input from ,department of ,energy ,national ,laboratories or any college1 university1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7#c7 follow-- 7,a7 commonly accepted procedures for the development of specifications2 and 7,b7 accredited standards development processes2 and 7#d7 have a mission to promote energy efficiency for data centers and information technology4 7d7 ,measurements and specifications ,the ,secretary and the ,administrator shall consider and assess the adequacy of the specifications1 measurements1 best practices1 and benchmarks described in subsection 7b7 for use by the ,federal ,energy ,management ,program1 the ,energy ,star ,program1 and other efficiency programs of the ,department of ,energy or the ,environmental ,protection ,agency4 7e7 ,study ,the ,secretary1 in collaboration with the ,administrator1 shall1 not later than #ah months after the date of enactment of the ,north ,american ,energy ,security and ,infrastructure ,act of #bjae1 make available to the public an update to the ,report to ,congress on ,server and ,data ,center ,energy ,efficiency published on ,august #b1 #bjjg1 under section #a of ,public ,law #aji-dca 7#abj ,stat4 #bibj71 that provides-- 7#a7 a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from #bjjh through #bjae2 7#b7 an analysis considering the impact of information technologies1 including virtualization and cloud computing1 in the public and private sectors2 7#c7 an evaluation of the impact of the combination of cloud platforms1 mobile devices1 social media1 and big data on data center energy usage2 7#d7 an evaluation of water usage in data centers and recommendations for reductions in such water usage2 and 7#e7 updated projections and recommendations for best practices through fiscal year #bjbj4 7f7 ,data center energy practitioner program ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in ,federal data centers4 ,each ,federal agency shall consider having the data centers of the agency evaluated every #d years1 in accordance with section #edc7;f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec71 by energy practitioners certified pursuant to such program4 7g7 ,open data initiative ,the ,secretary1 in collaboration with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall establish an open data initiative for ,federal data center energy usage data1 with the purpose of making such data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 ,in establishing the initiative1 the ,secretary shall consider the use of the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in collaboration with key stakeholders1 shall actively participate in efforts to harmonize global specifications and metrics for data center energy and water efficiency4 7i7 ,data center utilization metric ,the ,secretary1 in collaboration with key stakeholders1 shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center 7including equipment and facilities74 7j7 ,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 section4 4 #daac4 ,report on energy and water savings potential from thermal insulation 7a7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,energy1 in consultation with appropriate ,federal agencies and relevant stakeholders1 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the impact of thermal insulation on both energy and water use systems for potable hot and chilled water in ,federal buildings1 and the return on investment of installing such insulation4 7b7 ,contents ,the report shall include-- 7#a7 an analysis based on the cost of municipal or regional water for delivered water and the avoided cost of new water2 and 7#b7 a summary of energy and water savings1 including short-term and long-term 7#bj years7 projections of such savings4 #daad4 ,federal purchase requirement ,section #bjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7;b77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,renewable energy ,the term renewable energy means electric energy1 or thermal energy if resulting from a thermal energy project placed in service after ,december #ca1 #bjad1 generated from1 or avoided by1 solar1 wind1 biomass1 landfill gas1 ocean 7including tidal1 wave1 current1 and thermal71 geothermal1 municipal solid waste 7other than commonly recycled paper that is segregated from solid waste71 qualified waste heat resource1 or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project4 7#c7 ,qualified waste heat resource ,the term qualified waste heat resource means-- 7,a7 exhaust heat or flared gas from any industrial process2 7,b7 waste gas or industrial tail gas that would otherwise be flared1 incinerated1 or vented2 7,c7 a pressure drop in any gas for an industrial or commercial process2 or 7,d7 such other forms of waste heat as the ,secretary determines appropriate4 4 #b ,energy ,efficient ,technology and ,manufacturing #daba4 ,inclusion of ,smart ,grid capability on ,energy ,guide labels ,section #cbd7;a77#b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid7;a77#b77 is amended by adding the following at the end3 7,j7 7i7 ,not later than #a year after the date of enactment of this subparagraph1 the ,commission shall initiate a rulemaking to consider making a special note in a prominent manner on any ,energy ,guide label for any product that includes ,smart ,grid capability that-- 7,i7 ,smart ,grid capability is a feature of that product2 7,,ii7 the use and value of that feature depend on the ,smart ,grid capability of the utility system in which the product is installed and the active utilization of that feature by the customer2 and 7,,iii7 on a utility system with ,smart ,grid capability1 the use of the product's ,smart ,grid capability could reduce the customer's cost of the product's annual operation as a result of the incremental energy and electricity cost savings that would result from the customer taking full advantage of such ,smart ,grid capability4 7ii7 ,not later than #c years after the date of enactment of this subparagraph1 the ,commission shall complete the rulemaking initiated under clause 7i74 4 #dabb4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products ,section #cbf7;b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbif7;b77 is amended by adding at the end the following3 7#f7 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products 7,a7 ,reliance on voluntary programs ,for the purpose of verifying compliance with energy conservation standards and ,energy ,star specifications established under sections #cbd;,a1 #cbe1 and #cdb for covered products described in paragraphs 7#c71 7#d71 7#e71 7#i71 and 7#aa7 of section #cbb7;a7 and covered equipment described in subparagraphs 7,b71 7,c71 7,d71 7,f71 7,i71 7,j71 and 7,k7 of section #cdj7a71 the ,secretary and the ,administrator of the ,environmental ,protection ,agency shall rely on testing conducted by recognized voluntary verification programs that are recognized by the ,secretary in accordance with subparagraph 7,b74 7,b7 ,recognition of voluntary verification programs 7i7 ,in general ,not later than #ahj days after the date of enactment of this paragraph1 the ,secretary shall initiate a negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij71 to develop criteria that have consensus support for achieving recognition by the ,secretary as an approved voluntary verification program4 ,any subsequent amendment to such criteria may be made only pursuant to a subsequent negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code4 7ii7 ,minimum requirements ,the criteria developed under clause 7i7 shall1 at a minimum1 ensure that a voluntary verification program-- 7,i7 is nationally recognized2 7,,ii7 is operated by a third party and not directly operated by a program participant2 7,,iii7 satisfies any applicable elements of-- 7aa7 ,international ,organization for ,standardization standard numbered #agjbe2 and 7bb7 any other relevant ,international ,organization for ,standardization standards identified and agreed to through the negotiated rulemaking under clause 7i72 7,,iv7 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 program2 7,v7 maintains a publicly available list of all ratings of products subject to verification2 7,,vi7 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 ,secretary2 7,,vii7 requires new program participants to substantiate ratings through test data generated in accordance with ,department of ,energy regulations2 7,,viii7 allows for challenge testing of products and equipment within the scope of the program2 7,,ix7 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 equipment2 7,x7 provides to the ,secretary-- 7aa7 an annual report of all test results1 the contents of which shall be determined through the negotiated rulemaking process under clause 7i72 and 7bb7 test reports1 on the request of the ,secretary or the ,administrator of the ,environmental ,protection ,agency1 that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing1 to be exempted from disclosure under section #eeb7;b77#d7 of title #e1 ,united ,states ,code2 and 7,,xi7 satisfies any additional requirements or standards that the ,secretary and ,administrator of the ,environmental ,protection ,agency shall establish consistent with this subparagraph4 7iii7 ,cessation of recognition ,the ,secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph 7,a7 upon a finding that the program is not meeting its obligations for compliance through program review criteria developed during the negotiated rulemaking conducted under subparagraph 7,b74 7,c7 ,administration 7i7 ,in general ,the ,secretary and the ,administrator of the ,environmental ,protection ,agency shall not require-- 7,i7 manufacturers to participate in a recognized voluntary verification program described in subparagraph 7,a72 or 7,,ii7 participating manufacturers to provide information that has already been provided to the ,secretary or the ,administrator4 7ii7 ,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 recognized voluntary verification program described in subparagraph 7,a74 7iii7 ,periodic verification testing ,the ,secretary-- 7,i7 shall not subject products or equipment that have been verification tested under a recognized voluntary verification program described in subparagraph 7,a7 to periodic verification testing to verify the accuracy of the certified performance rating of the products or equipment2 but 7,,ii7 may require testing of products or equipment described in subclause 7,i7-- 7aa7 if the testing is necessary-- 7,,aa7 to assess the overall performance of a voluntary verification program2 7,,bb7 to address specific performance issues2 7,,cc7 for use in updating test procedures and standards2 or 7,,dd7 for other purposes consistent with this title2 or 7bb7 if such testing is agreed to during the negotiated rulemaking conducted under subparagraph 7,b74 7,d7 ,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 law4 4 #dabc4 ,facilitating consensus furnace standards 7a7 ,congressional findings and declaration of purpose 7#a7 ,findings ,congress finds that-- 7,a7 acting pursuant to the requirements of section #cbe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie71 the ,secretary of ,energy is considering amending the energy conservation standards applicable to residential non-weatherized gas furnaces and mobile home gas furnaces2 7,b7 numerous stakeholders1 representing manufacturers1 distributors1 and installers of residential non-weatherized gas furnaces and mobile home furnaces1 natural gas utilities1 home builders1 multifamily property owners1 and energy efficiency1 environmental1 and consumer advocates have begun negotiations in an attempt to agree on a consensus recommendation to the ,secretary on levels for such standards that will meet the statutory criteria2 and 7,c7 the stakeholders believe these negotiations are likely to result in a consensus recommendation1 but several of the stakeholders do not support suspending the current rulemaking4 7#b7 ,purpose ,it is the purpose of this section to provide the stakeholders described in paragraph 7#a7 with an opportunity to continue negotiations for a limited time period to facilitate the proposal for adoption of standards that enjoy consensus support1 while not delaying the current rulemaking except to the extent necessary to provide such opportunity4 7b7 ,opportunity for a negotiated furnace standard ,section #cbe7;f77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;f77#d77 is amended by adding after subparagraph 7,d7 the following3 7,e7 7i7 ,unless the ,secretary has published such a notice prior to the date of enactment of this ,act1 the ,secretary shall publish1 not later than ,october #ca1 #bjae1 a supplemental notice of proposed rulemaking or a notice of data availability updating the proposed rule entitled ,energy ,conservation ,program for ,consumer ,products3 ,energy ,conservation ,standards for ,residential ,furnaces and published in the ,federal ,register on ,march #ab1 #bjae 7#hj ,fed4 ,reg4 #acaai71 to provide notice and an opportunity for comment on-- 7,i7 dividing non-weatherized natural gas furnaces into two or more product classes with separate energy conservation standards based on capacity2 and 7,,ii7 any other matters the ,secretary determines appropriate4 7ii7 ,on receipt of a statement that is submitted on or before ,january #a1 #bjaf1 jointly by interested persons that are fairly representative of relevant points of view1 that contains recommended standards for non-weatherized natural gas furnaces and mobile home gas furnaces that are consistent with the requirements of this part 7except that the date on which such standards will apply may be earlier or later than the date required under this part71 the ,secretary shall evaluate the standards proposed in the joint statement for consistency with the requirements of subsection 7o71 and shall publish notice of the potential adoption of the standards proposed in the joint statement1 modified as necessary to ensure consistency with subsection 7o74 ,the ,secretary shall solicit public comment for a period of at least #cj days with respect to such notice4 7iii7 ,not later than ,july #ca1 #bjaf1 but not before ,july #a1 #bjaf1 the ,secretary shall publish a final rule containing a determination of whether the standards for non-weatherized natural gas furnaces and mobile home gas furnaces should be amended4 ,such rule shall contain any such amendments to the standards4 4 #dabd4 ,future of ,industry program 7a7 ,in general ,section #deb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7 is amended by striking the section heading and inserting the following3 ,future of ,industry program4 7b7 ,definition of energy service provider ,section #deb7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7;a77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7#b7 by inserting after paragraph 7#b73 7#c7 ,energy service provider ,the term energy service provider means any business providing technology or services to improve the energy efficiency1 water efficiency1 power factor1 or load management of a manufacturing site or other industrial process in an energy-intensive industry1 or any utility operating under a utility energy service project4 4 7c7 ,industrial research and assessment centers ,section #deb7;e7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7;e77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting appropriately2 7#b7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7#c7 in subparagraph 7,a7 7as redesignated by paragraph 7#a771 by inserting before the semicolon at the end the following3 1 including assessments of sustainable manufacturing goals and the implementation of information technology advancements for supply chain analysis1 logistics1 system monitoring1 industrial and manufacturing processes1 and other purposes2 and 7#d7 by adding at the end the following3 7#b7 ,coordination ,to increase the value and capabilities of the industrial research and assessment centers1 the centers shall-- 7,a7 coordinate with ,manufacturing ,extension ,partnership ,centers of the ,national ,institute of ,standards and ,technology2 7,b7 coordinate with the ,building ,technologies ,office of the ,department of ,energy to provide building assessment services to manufacturers2 7,c7 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 needs2 and 7,d7 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 efficiency1 power factor1 and load management4 7#c7 ,outreach ,the ,secretary shall provide funding for-- 7,a7 outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information1 technologies1 and services available2 and 7,b7 coordination activities by each industrial research and assessment center to leverage efforts with-- 7i7 ,federal and ,state efforts2 7ii7 the efforts of utilities and energy service providers2 7iii7 the efforts of regional energy efficiency organizations2 and 7iv7 the efforts of other industrial research and assessment centers4 7#d7 ,small business loans ,the ,administrator of the ,small ,business ,administration shall1 to the maximum extent practicable1 expedite consideration of applications from eligible small business concerns for loans under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 to implement recommendations of industrial research and assessment centers established under paragraph 7#a74 4 7d7 ,conforming amendment ,the item relating to section #deb in the table of contents for the ,energy ,independence and ,security ,act of #bjjg is amended to read as follows3 ,sec4 #deb4 ,future of ,industry program4 4 #c ,energy ,performance ,contracting #daca4 ,use of energy and water efficiency measures in ,federal buildings 7a7 ,energy management requirements ,section #edc7;f77#d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;f77#d77 is amended-- 7#a7 by moving the margins of subparagraphs 7,a7 and 7,b7 #b ems to the right and redesignating such subparagraphs as clauses 7i7 and 7ii71 respectively2 7#b7 by striking ,not later than and inserting the following3 7,a7 ,in general ,not later than 2 and 7#c7 by adding at the end the following new subparagraph3 7,b7 ,measures not implemented ,each energy manager1 as part of the certification system under paragraph 7#g7 and using guidelines developed by the ,secretary1 shall provide an explanation regarding any life-cycle cost-effective measures described in subparagraph 7,a77i7 that have not been implemented4 4 7b7 ,reports ,section #edh7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#e7 the status of each agency's energy savings performance contracts and utility energy service contracts1 the investment value of such contracts1 the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year1 the plan for entering into such contracts in the coming year1 and information explaining why any previously submitted plans for such contracts were not implemented4 4 7c7 ,federal energy management definitions ,section #eea7d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei7d77 is amended by striking or retrofit activities and inserting retrofit activities1 or energy consuming devices and required support structures4 7d7 ,authority ,to enter into contracts ,section #hja7;a77#b77;,f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77;,f77 is amended-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new clause3 7iii7 limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures1 water conservation measures1 or any series of energy conservation measures and water conservation measures4 4 7e7 ,miscellaneous ,authority ,section #hja7;a77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77 is amended by adding at the end the following3 7,h7 ,miscellaneous ,authority ,notwithstanding any other provision of law1 a ,federal agency may sell or transfer energy savings and apply the proceeds of such sale or transfer to fund a contract under this title4 4 7f7 ,payment of costs ,section #hjb of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;a7 is amended by striking 7and related operation and maintenance expenses7 and inserting 1 including related operations and maintenance expenses4 7g7 ,energy savings performance contracts definitions ,section #hjd7b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;c7#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking federally owned building or buildings or other federally owned facilities and inserting ,federal building 7as defined in section #eea 7#db ,u4,s4,c4 #hbei77 each place it appears2 7#b7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7#c7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following new subparagraphs3 7,e7 the use1 sale1 or transfer of energy incentives1 rebates1 or credits 7including renewable energy credits7 from ,federal1 ,state1 or local governments or utilities2 and 7,f7 any revenue generated from a reduction in energy or water use1 more efficient waste recycling1 or additional energy generated from more efficient equipment4 4 #d ,school buildings #dada4 ,coordination of energy retrofitting assistance for schools ,section #cib of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcga;a7 is amended by adding at the end the following3 7e7 ,coordination of energy retrofitting assistance for schools 7#a7 ,definition of school ,notwithstanding section #cia7f71 for the purposes of this subsection1 the term school means-- 7,a7 an elementary school or secondary school 7as defined in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an institution of higher education 7as defined in section #ajb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;a7772 7,c7 a school of the defense dependents' education system under the ,defense ,dependents' ,education ,act of #aigh 7#bj ,u4,s4,c4 #iba et seq47 or established under section #bafd of title #aj1 ,united ,states ,code2 7,d7 a school operated by the ,bureau of ,indian ,affairs2 7,e7 a tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa772 and 7,f7 a ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b7774 7#b7 ,establishment of clearinghouse ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall establish a clearinghouse to disseminate information regarding available ,federal programs and financing mechanisms that may be used to help initiate1 develop1 and finance energy efficiency1 distributed generation1 and energy retrofitting projects for schools4 7#c7 ,requirements ,in carrying out paragraph 7#b71 the ,secretary shall-- 7,a7 consult with appropriate ,federal agencies to develop a list of ,federal programs and financing mechanisms that are1 or may be1 used for the purposes described in paragraph 7#b72 and 7,b7 coordinate with appropriate ,federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available ,federal programs and financing mechanisms described in subparagraph 7,a71 which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the ,office of ,energy ,efficiency and ,renewable ,energy that ,states1 local education agencies1 and schools may use to effectively access and use such ,federal programs and financing mechanisms4 4 ,b ,accountability #a ,market ,manipulation1 ,enforcement1 and ,compliance #dbaa4 ,,ferc ,office of ,compliance ,assistance and ,public ,participation ,section #cai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7 is amended to read as follows3 #cai4 ,office of ,compliance ,assistance and ,public ,participation 7a7 ,establishment ,there is established within the ,commission an ,office of ,compliance ,assistance and ,public ,participation 7referred to in this section as the ,office74 ,the ,office shall be headed by a ,director4 7b7 ,duties of ,director 7#a7 ,in general ,the ,director of the ,office shall promote improved compliance with ,commission rules and orders by-- 7,a7 making recommendations to the ,commission regarding-- 7i7 the protection of consumers2 7ii7 market integrity and support for the development of responsible market behavior2 7iii7 the application of ,commission rules and orders in a manner that ensures that-- 7,i7 rates and charges for1 or in connection with1 the transmission or sale of electric energy subject to the jurisdiction of the ,commission shall be just and reasonable and not unduly discriminatory or preferential2 and 7,,ii7 markets for such transmission and sale of electric energy are not impaired and consumers are not damaged2 and 7iv7 the impact of existing and proposed ,commission rules and orders on small entities1 as defined in section #fja of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act72 7,b7 providing entities subject to regulation by the ,commission the opportunity to obtain timely guidance for compliance with ,commission rules and orders2 and 7,c7 providing information to the ,commission and ,congress to inform policy with respect to energy issues under the jurisdiction of the ,commission4 7#b7 ,reports and guidance ,the ,director shall1 as the ,director determines appropriate1 issue reports and guidance to the ,commission and to entities subject to regulation by the ,commission1 regarding market practices1 proposing improvements in ,commission monitoring of market practices1 and addressing potential improvements to both industry and ,commission practices4 7#c7 ,outreach ,the ,director shall promote improved compliance with ,commission rules and orders through outreach1 publications1 and1 where appropriate1 direct communication with entities regulated by the ,commission4 4 #b ,market ,reforms #dbba4 ,,gao study on wholesale electricity markets 7a7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report describing the results of a study of whether and how the current market rules1 practices1 and structures of each regional transmission entity produce rates that are just and reasonable by-- 7#a7 facilitating fuel diversity1 the availability of generation resources during emergency and severe weather conditions1 resource adequacy1 and reliability1 including the cost-effective retention and development of needed generation2 7#b7 promoting the equitable treatment of business models1 including different utility types1 the integration of diverse generation resources1 and advanced grid technologies2 7#c7 identifying and addressing regulatory barriers to entry1 market-distorting incentives1 and artificial constraints on competition2 7#d7 providing transparency regarding dispatch decisions1 including the need for out-of-market actions and payments1 and the accuracy of day-ahead unit commitments2 7#e7 facilitating the development of necessary natural gas pipeline and electric transmission infrastructure2 7#f7 ensuring fairness and transparency in governance structures and stakeholder processes1 including meaningful participation by both voting and non-voting stakeholder representatives2 7#g7 ensuring the proper alignment of the energy and transmission markets by including both energy and financial transmission rights in the day-ahead markets2 7#h7 facilitating the ability of load-serving entities to self-supply their service territory load2 7#i7 considering1 as appropriate1 ,state and local resource planning2 and 7#aj7 mitigating1 to the extent practicable1 the disruptive effects of tariff revisions on the economic decisionmaking of market participants4 7b7 ,definitions ,in this section3 7#a7 ,load-serving entity ,the term load-serving entity has the meaning given that term in section #bag of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq74 7#b7 ,regional transmission entity ,the term regional transmission entity means a ,regional ,transmission ,organization or an ,independent ,system ,operator1 as such terms are defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74