,,ii ,calendar ,no4 #bah #aadth ,,congress #ast ,session ,s4 #bjab ,report ,no4 #aad-ach ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #i1 #bjae,ms4 ,murkowski1 from the ,committee on ,energy and ,natural ,resources1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to provide for the modernization of the energy policy of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,energy ,policy ,modernization ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,efficiency ,subtitle ,a--,buildings ,sec4 #ajja4 ,greater energy efficiency in building codes4 ,sec4 #ajjb4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units4 ,sec4 #ajjc4 ,coordination of energy retrofitting assistance for schools4 ,sec4 #ajjd4 ,energy efficiency retrofit pilot program4 ,sec4 #ajje4 ,utility energy service contracts4 ,sec4 #ajjf4 ,use of energy and water efficiency measures in ,federal buildings4 ,sec4 #ajjg4 ,building training and assessment centers4 ,sec4 #ajjh4 ,career skills training4 ,sec4 #ajji4 ,energy-efficient and energy-saving information technologies4 ,sec4 #ajaj4 ,availability of funds for design updates4 ,sec4 #ajaa4 ,energy efficient data centers4 ,sec4 #ajab4 ,weatherization ,assistance ,program4 ,sec4 #ajac4 ,reauthorization of ,state energy program4 ,sec4 #ajad4 ,smart building acceleration4 ,sec4 #ajae4 ,repeal of fossil phase-out4 ,sec4 #ajaf4 ,federal building energy efficiency performance standards4 ,sec4 #ajag4 ,codification of ,executive ,order4 ,sec4 #ajah4 ,certification for green buildings4 ,sec4 #ajai4 ,high performance green federal buildings4 ,sec4 #ajbj4 ,evaluation of potentially duplicative green building programs within ,department of ,energy4 ,sec4 #ajba4 ,study and report on energy savings benefits of operational efficiency programs and services4 ,subtitle ,b--,appliances ,sec4 #aaja4 ,extended product system rebate program4 ,sec4 #aajb4 ,energy efficient transformer rebate program4 ,sec4 #aajc4 ,standards for certain furnaces4 ,sec4 #aajd4 ,third-party certification under ,energy ,star program4 ,sec4 #aaje4 ,energy conservation standards for commercial refrigeration equipment4 ,sec4 #aajf4 ,voluntary verification programs for air conditioning1 furnace1 boiler1 heat pump1 and water heater products4 ,subtitle ,c--,manufacturing ,sec4 #abja4 ,manufacturing energy efficiency4 ,sec4 #abjb4 ,leveraging existing ,federal agency programs to assist small and medium manufacturers4 ,sec4 #abjc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories4 ,subtitle ,d--,vehicles ,sec4 #acja4 ,short title4 ,sec4 #acjb4 ,objectives4 ,sec4 #acjc4 ,coordination and nonduplication4 ,sec4 #acjd4 ,authorization of appropriations4 ,sec4 #acje4 ,reporting4 ,,part ,i--,vehicle ,research and ,development ,sec4 #acjf4 ,program4 ,sec4 #acjg4 ,manufacturing4 ,,part ,,ii--,medium- and ,heavy-,duty ,commercial and ,transit ,vehicles ,sec4 #acjh4 ,program4 ,sec4 #acji4 ,class #h truck and trailer systems demonstration4 ,sec4 #acaj4 ,technology testing and metrics4 ,sec4 #acaa4 ,nonroad systems pilot program4 ,,part ,,iii--,administration ,sec4 #acab4 ,repeal of existing authorities4 ,,title ,,ii--,infrastructure ,subtitle ,a--,cybersecurity ,sec4 #bjja4 ,cybersecurity threats4 ,sec4 #bjjb4 ,enhanced grid security4 ,subtitle ,b--,strategic ,petroleum ,reserve ,sec4 #baja4 ,strategic ,petroleum ,reserve test drawdown and sale notification and definition change4 ,sec4 #bajb4 ,strategic ,petroleum ,reserve mission readiness optimization4 ,sec4 #bajc4 ,strategic ,petroleum ,reserve modernization4 ,subtitle ,c--,trade ,sec4 #bbja4 ,action on applications to export liquefied natural gas4 ,sec4 #bbjb4 ,public disclosure of liquefied natural gas export destinations4 ,sec4 #bbjc4 ,energy data collaboration4 ,subtitle ,d--,electricity and energy storage ,sec4 #bcja4 ,grid storage program4 ,sec4 #bcjb4 ,electric system grid architecture1 scenario development1 and modeling4 ,sec4 #bcjc4 ,technology demonstration on the distribution system4 ,sec4 #bcjd4 ,hybrid micro-grid systems for isolated and resilient communities4 ,sec4 #bcje4 ,voluntary model pathways4 ,sec4 #bcjf4 ,performance metrics for electricity infrastructure providers4 ,sec4 #bcjg4 ,state and regional electricity distribution planning4 ,sec4 #bcjh4 ,authorization of appropriations4 ,sec4 #bcji4 ,electric transmission infrastructure permitting4 ,sec4 #bcaj4 ,report by transmission organizations on distributed energy resources and micro-grid systems4 ,sec4 #bcaa4 ,net metering study guidance4 ,subtitle ,e--,computing ,sec4 #bdja4 ,exascale computer research program4 ,,title ,,iii--,supply ,subtitle ,a--,renewables ,,part ,i--,hydroelectric ,sec4 #cjja4 ,hydropower regulatory improvements4 ,sec4 #cjjb4 ,hydroelectric production incentives and efficiency improvements4 ,sec4 #cjjc4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,clark ,canyon ,dam4 ,sec4 #cjjd4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,gibson ,dam4 ,,part ,,ii--,geothermal ,,subpart ,a--,geothermal energy ,sec4 #cjje4 ,national goals for production and site identification4 ,sec4 #cjjf4 ,priority areas for development on ,federal land4 ,sec4 #cjjg4 ,facilitation of coproduction of geothermal energy on oil and gas leases4 ,sec4 #cjjh4 ,noncompetitive leasing of adjoining areas for development of geothermal resources4 ,sec4 #cjji4 ,large-scale geothermal energy4 ,sec4 #cjaj4 ,report to ,congress4 ,sec4 #cjaa4 ,authorization of appropriations4 ,,subpart ,b--,geothermal exploration ,sec4 #cjab4 ,geothermal exploration test projects4 ,,part ,,iii--,marine ,hydrokinetic ,sec4 #cjac4 ,definition of marine and hydrokinetic renewable energy4 ,sec4 #cjad4 ,marine and hydrokinetic renewable energy research and development4 ,sec4 #cjae4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers4 ,sec4 #cjaf4 ,authorization of appropriations4 ,,part ,,iv--,biomass ,sec4 #cjag4 ,bio-power4 ,subtitle ,b--,oil and ,gas ,sec4 #caja4 ,amendments to the ,methane ,hydrate ,research and ,development ,act of #bjjj4 ,sec4 #cajb4 ,liquefied natural gas study4 ,sec4 #cajc4 ,,ferc process coordination with respect to regulatory approval of gas projects4 ,sec4 #cajd4 ,pilot program4 ,subtitle ,c--,helium ,sec4 #cbja4 ,rights to helium4 ,subtitle ,d--,critical ,minerals ,sec4 #ccja4 ,definitions4 ,sec4 #ccjb4 ,policy4 ,sec4 #ccjc4 ,critical mineral designations4 ,sec4 #ccjd4 ,resource assessment4 ,sec4 #ccje4 ,permitting4 ,sec4 #ccjf4 ,federal ,register process4 ,sec4 #ccjg4 ,recycling1 efficiency1 and alternatives4 ,sec4 #ccjh4 ,analysis and forecasting4 ,sec4 #ccji4 ,education and workforce4 ,sec4 #ccaj4 ,national geological and geophysical data preservation program4 ,sec4 #ccaa4 ,administration4 ,sec4 #ccab4 ,authorization of appropriations4 ,subtitle ,e--,coal ,sec4 #cdja4 ,fossil energy4 ,sec4 #cdjb4 ,establishment of coal technology program4 ,subtitle ,f--,nuclear ,sec4 #ceja4 ,report on fusion and fission reactor prototypes4 ,sec4 #cejb4 ,next generation nuclear plant project4 ,subtitle ,g--,workforce development ,sec4 #cfja4 #bast ,century ,energy ,workforce ,advisory ,board4 ,sec4 #cfjb4 ,energy workforce pilot grant program4 ,subtitle ,h--,recycling ,sec4 #cgja4 ,recycled carbon fiber4 ,sec4 #cgjb4 ,energy generation and regulatory relief study regarding recovery and conversion of nonrecycled mixed plastics4 ,sec4 #cgjc4 ,eligible projects4 ,,title ,,iv--,accountability ,subtitle ,a--,loan programs ,sec4 #djja4 ,terms and conditions for incentives for innovative technologies4 ,sec4 #djjb4 ,state loan eligibility4 ,sec4 #djjc4 ,,gao ,study on fossil loan guarantee incentive program4 ,sec4 #djjd4 ,program eligibility for vessels4 ,sec4 #djje4 ,additional reforms4 ,sec4 #djjf4 ,department of ,energy ,indian energy education planning and management assistance program4 ,subtitle ,b--,energy-,water nexus ,sec4 #daja4 ,nexus of energy and water for sustainability4 ,sec4 #dajb4 ,smart energy and water efficiency pilot program4 ,subtitle ,c--,innovation ,sec4 #dbja4 ,america ,,competes programs4 ,sec4 #dbjb4 ,inclusion of early stage technology demonstration in authorized technology transfer activities4 ,sec4 #dbjc4 ,supporting access of small business concerns to ,national ,laboratories4 ,sec4 #dbjd4 ,microlab technology commercialization4 ,subtitle ,d--,grid reliability ,sec4 #dcja4 ,bulk-power system reliability impact statement4 ,sec4 #dcjb4 ,report by transmission organizations on diversity of supply4 ,sec4 #dcjc4 ,activities carried out during an authorization during war or emergency4 ,subtitle ,e--,management ,sec4 #ddja4 ,federal land management4 ,sec4 #ddjb4 ,quadrennial ,energy ,review4 ,sec4 #ddjc4 ,state oversight of oil and gas programs4 ,sec4 #ddjd4 ,under ,secretary for ,science and ,energy4 ,subtitle ,f--,markets ,sec4 #deja4 ,enhanced information on critical energy supplies4 ,sec4 #dejb4 ,working ,group on ,energy ,markets4 ,sec4 #dejc4 ,study of regulatory framework for energy markets4 ,subtitle ,g--,affordability ,sec4 #dfja4 ,e-prize competition pilot program4 ,subtitle ,h--,code maintenance ,sec4 #dgja4 ,repeal of off-highway motor vehicles study4 ,sec4 #dgjb4 ,repeal of methanol study4 ,sec4 #dgjc4 ,repeal of authorization of appropriations provision4 ,sec4 #dgjd4 ,repeal of residential energy efficiency standards study4 ,sec4 #dgje4 ,repeal of weatherization study4 ,sec4 #dgjf4 ,repeal of report to ,congress4 ,sec4 #dgjg4 ,repeal of report by ,general ,services ,administration4 ,sec4 #dgjh4 ,repeal of intergovernmental energy management planning and coordination workshops4 ,sec4 #dgji4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress4 ,sec4 #dgaj4 ,repeal of procurement and identification of energy efficient products program4 ,sec4 #dgaa4 ,repeal of national action plan for demand response4 ,sec4 #dgab4 ,repeal of national coal policy study4 ,sec4 #dgac4 ,repeal of study on compliance problem of small electric utility systems4 ,sec4 #dgad4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development4 ,sec4 #dgae4 ,repeal of study of the use of petroleum and natural gas in combustors4 ,sec4 #dgaf4 ,repeal of submission of reports4 ,sec4 #dgag4 ,repeal of electric utility conservation plan4 ,sec4 #dgah4 ,emergency ,energy ,conservation repeals4 ,sec4 #dgai4 ,energy ,security ,act repeals4 ,sec4 #dgbj4 ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj repeals4 ,sec4 #dgba4 ,elimination and consolidation of certain ,america ,,competes programs4 ,sec4 #dgbb4 ,repeal of state utility regulatory assistance4 ,sec4 #dgbc4 ,repeal of survey of energy saving potential4 ,sec4 #dgbd4 ,repeal of photovoltaic energy program4 ,sec4 #dgbe4 ,repeal of energy auditor training and certification4 ,sec4 #dgbf4 ,repeal of authorization of appropriations4 ,,title ,v--,conservation reauthorization ,sec4 #ejja4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund4 ,sec4 #ejjb4 ,land and ,water ,conservation ,fund4 ,sec4 #ejjc4 ,historic ,preservation ,fund4 #b4 ,definitions ,in this ,act3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,i ,efficiency ,a ,buildings #ajja4 ,greater energy efficiency in building codes 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended-- 7#a7 by striking paragraph 7#ad7 and inserting the following3 7#ad7 ,model building energy code ,the term model building energy code means a voluntary building energy code and standards developed and updated through a consensus process among interested persons1 such as the ,,iecc or the code used by-- 7,a7 the ,council of ,american ,building ,officials1 or its legal successor1 ,international ,code ,council1 ,inc42 7,b7 the ,american ,society of ,heating1 ,refrigerating1 and ,air-,conditioning ,engineers2 or 7,c7 other appropriate organizations4 2 and 7#b7 by adding at the end the following3 7#ag7 ,,iecc ,the term ,,iecc means the ,international ,energy ,conservation ,code4 7#ah7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #dajc74 4 7b7 ,state building energy efficiency codes ,section #cjd of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcc7 is amended to read as follows3 #cjd4 ,updating ,state building energy efficiency codes 7a7 ,in general ,the ,secretary shall-- 7#a7 encourage and support the adoption of building energy codes by ,states1 ,indian tribes1 and1 as appropriate1 by local governments that meet or exceed the model building energy codes1 or achieve equivalent or greater energy savings2 and 7#b7 support full compliance with the ,state and local codes4 7b7 ,state and ,indian tribe certification of building energy code updates 7#a7 ,review and updating of codes by each ,state and ,indian tribe 7,a7 ,in general ,not later than #b years after the date on which a model building energy code is updated1 each ,state or ,indian tribe shall certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively4 7,b7 ,demonstration ,the certification shall include a demonstration of whether or not the energy savings for the code provisions that are in effect throughout the ,state or ,indian tribal territory meet or exceed-- 7i7 the energy savings of the updated model building energy code2 or 7ii7 the targets established under section #cjg7;b77#b74 7,c7 ,no model building energy code update ,if a model building energy code is not updated by a target date established under section #cjg7;b77#b77;,d71 each ,state or ,indian tribe shall1 not later than #b years after the specified date1 certify whether or not the ,state or ,indian tribe1 respectively1 has reviewed and updated the energy provisions of the building code of the ,state or ,indian tribe1 respectively1 to meet or exceed the target in section #cjg7;b77#b74 7#b7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the code provisions of the ,state or ,indian tribe1 respectively1 meet the criteria specified in paragraph 7#a72 and 7,b7 if the determination is positive1 validate the certification4 7c7 ,improvements in compliance with building energy codes 7#a7 ,requirement 7,a7 ,in general ,not later than #c years after the date of a certification under subsection 7b71 each ,state and ,indian tribe shall certify whether or not the ,state and ,indian tribe1 respectively1 has-- 7i7 achieved full compliance under paragraph 7#c7 with the applicable certified ,state and ,indian tribe building energy code or with the associated model building energy code2 or 7ii7 made significant progress under paragraph 7#d7 toward achieving compliance with the applicable certified ,state and ,indian tribe building energy code or with the associated model building energy code4 7,b7 ,repeat certifications ,if the ,state or ,indian tribe certifies progress toward achieving compliance1 the ,state or ,indian tribe shall repeat the certification until the ,state or ,indian tribe certifies that the ,state or ,indian tribe has achieved full compliance1 respectively4 7#b7 ,measurement of compliance ,a certification under paragraph 7#a7 shall include documentation of the rate of compliance based on-- 7,a7 independent inspections of a random sample of the buildings covered by the code in the preceding year2 or 7,b7 an alternative method that yields an accurate measure of compliance4 7#c7 ,achievement of compliance ,a ,state or ,indian tribe shall be considered to achieve full compliance under paragraph 7#a7 if-- 7,a7 at least #ij percent of building space covered by the code in the preceding year substantially meets all the requirements of the applicable code specified in paragraph 7#a71 or achieves equivalent or greater energy savings level2 or 7,b7 the estimated excess energy use of buildings that did not meet the applicable code specified in paragraph 7#a7 in the preceding year1 compared to a baseline of comparable buildings that meet this code1 is not more than #e percent of the estimated energy use of all buildings covered by this code during the preceding year4 7#d7 ,significant progress toward achievement of compliance ,a ,state or ,indian tribe shall be considered to have made significant progress toward achieving compliance for purposes of paragraph 7#a7 if the ,state or ,indian tribe-- 7,a7 has developed and is implementing a plan for achieving compliance during the #h-year-period beginning on the date of enactment of this paragraph1 including annual targets for compliance and active training and enforcement programs2 and 7,b7 has met the most recent target under subparagraph 7,a74 7#e7 ,validation by ,secretary ,not later than #ij days after a ,state or ,indian tribe certification under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether the ,state or ,indian tribe has demonstrated meeting the criteria of this subsection1 including accurate measurement of compliance2 and 7,b7 if the determination is positive1 validate the certification4 7d7 ,states or ,indian tribes that do not achieve compliance 7#a7 ,reporting ,a ,state or ,indian tribe that has not made a certification required under subsection 7b7 or 7c7 by the applicable deadline shall submit to the ,secretary a report on-- 7,a7 the status of the ,state or ,indian tribe with respect to meeting the requirements and submitting the certification2 and 7,b7 a plan for meeting the requirements and submitting the certification4 7#b7 ,federal support ,for any ,state or ,indian tribe for which the ,secretary has not validated a certification by a deadline under subsection 7b7 or 7c71 the lack of the certification may be a consideration for ,federal support authorized under this section for code adoption and compliance activities4 7#c7 ,local government ,in any ,state or ,indian tribe for which the ,secretary has not validated a certification under subsection 7b7 or 7c71 a local government may be eligible for ,federal support by meeting the certification requirements of subsections 7b7 and 7c74 7#d7 ,annual reports by ,secretary 7,a7 ,in general ,the ,secretary shall annually submit to ,congress1 and publish in the ,federal ,register1 a report on-- 7i7 the status of model building energy codes2 7ii7 the status of code adoption and compliance in the ,states and ,indian tribes2 7iii7 the implementation of this section2 and 7iv7 improvements in energy savings over time as a result of the targets established under section #cjg7;b77#b74 7,b7 ,impacts ,the report shall include estimates of impacts of past action under this section1 and potential impacts of further action1 on-- 7i7 upfront financial and construction costs1 cost benefits and returns 7using investment analysis71 and lifetime energy use for buildings2 7ii7 resulting energy costs to individuals and businesses2 and 7iii7 resulting overall annual building ownership and operating costs4 7e7 ,technical assistance to ,states and ,indian tribes ,the ,secretary shall provide technical assistance to ,states and ,indian tribes to implement the goals and requirements of this section1 including procedures and technical analysis for ,states and ,indian tribes-- 7#a7 to improve and implement ,state residential and commercial building energy codes2 7#b7 to demonstrate that the code provisions of the ,states and ,indian tribes achieve equivalent or greater energy savings than the model building energy codes and targets2 7#c7 to document the rate of compliance with a building energy code2 and 7#d7 to otherwise promote the design and construction of energy efficient buildings4 7f7 ,availability of incentive funding 7#a7 ,in general ,the ,secretary shall provide incentive funding to ,states and ,indian tribes-- 7,a7 to implement the requirements of this section2 7,b7 to improve and implement residential and commercial building energy codes1 including increasing and verifying compliance with the codes and training of ,state1 local1 and tribal building code officials to implement and enforce the codes2 and 7,c7 to promote building energy efficiency through the use of the codes4 7#b7 ,additional funding ,additional funding shall be provided under this subsection for implementation of a plan to achieve and document full compliance with residential and commercial building energy codes under subsection 7c7-- 7,a7 to a ,state or ,indian tribe for which the ,secretary has validated a certification under subsection 7b7 or 7c72 and 7,b7 in a ,state or ,indian tribe that is not eligible under subparagraph 7,a71 to a local government that is eligible under this section4 7#c7 ,training ,of the amounts made available under this subsection1 the ,state or ,indian tribe may use amounts required1 but not to exceed #gej1jjj for a ,state1 to train ,state and local building code officials to implement and enforce codes described in paragraph 7#b74 7#d7 ,local governments ,states may share grants under this subsection with local governments that implement and enforce the codes4 7g7 ,stretch codes and advanced standards 7#a7 ,in general ,the ,secretary shall provide technical and financial support for the development of stretch codes and advanced standards for residential and commercial buildings for use as-- 7,a7 an option for adoption as a building energy code by ,state1 local1 or tribal governments2 and 7,b7 guidelines for energy-efficient building design4 7#b7 ,targets ,the stretch codes and advanced standards shall be designed-- 7,a7 to achieve substantial energy savings compared to the model building energy codes2 and 7,b7 to meet targets under section #cjg7;b71 if available1 at least #c to #f years in advance of the target years4 7h7 ,studies ,the ,secretary1 in consultation with building science experts from the ,national ,laboratories and institutions of higher education1 designers and builders of energy-efficient residential and commercial buildings1 code officials1 and other stakeholders1 shall undertake a study of the feasibility1 impact1 economics1 and merit of-- 7#a7 code improvements that would require that buildings be designed1 sited1 and constructed in a manner that makes the buildings more adaptable in the future to become zero-net-energy after initial construction1 as advances are achieved in energy-saving technologies2 7#b7 code procedures to incorporate measured lifetimes1 not just first-year energy use1 in trade-offs and performance calculations2 and 7#c7 legislative options for increasing energy savings from building energy codes1 including additional incentives for effective ,state and local action1 and verification of compliance with and enforcement of a code other than by a ,state or local government4 7i7 ,effect on other laws ,nothing in this section or section #cjg supersedes or modifies the application of sections #cba through #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section and section #cjg #bjj1jjj1jjj1 to remain available until expended4 4 7c7 ,federal building energy efficiency standards ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 is amended by striking voluntary building energy code each place it appears in subsections 7a77#b77;,b7 and 7b7 and inserting model building energy code4 7d7 ,model building energy codes ,section #cjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7 is amended to read as follows3 #cjg4 ,support for model building energy codes 7a7 ,in general ,the ,secretary shall support the updating of model building energy codes4 7b7 ,targets 7#a7 ,in general ,the ,secretary shall support the updating of the model building energy codes to enable the achievement of aggregate energy savings targets established under paragraph 7#b74 7#b7 ,targets 7,a7 ,in general ,the ,secretary shall work with ,states1 local governments1 and ,indian tribes1 nationally recognized code and standards developers1 and other interested parties to support the updating of model building energy codes by establishing one or more aggregate energy savings targets to achieve the purposes of this section4 7,b7 ,separate targets ,the ,secretary may establish separate targets for commercial and residential buildings4 7,c7 ,baselines ,the baseline for updating model building energy codes shall be the #bjji ,,iecc for residential buildings and ,,ashrae ,standard #ij4a-bjaj for commercial buildings4 7,d7 ,specific years 7i7 ,in general ,targets for specific years shall be established and revised by the ,secretary through rulemaking and coordinated with nationally recognized code and standards developers at a level that-- 7,i7 is at the maximum level of energy efficiency that is technologically feasible and life-cycle cost effective1 while accounting for the economic considerations under paragraph 7#d72 7,,ii7 is higher than the preceding target2 and 7,,iii7 promotes the achievement of commercial and residential high-performance buildings through high-performance energy efficiency 7within the meaning of section #dja of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjfa774 7ii7 ,initial targets ,not later than #a year after the date of enactment of this clause1 the ,secretary shall establish initial targets under this subparagraph4 7iii7 ,different target years ,subject to clause 7i71 prior to the applicable year1 the ,secretary may set a later target year for any of the model building energy codes described in subparagraph 7,a7 if the ,secretary determines that a target cannot be met4 7iv7 ,small business ,when establishing targets under this paragraph through rulemaking1 the ,secretary shall ensure compliance with the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note2 ,public ,law #ajd-aba74 7#c7 ,appliance standards and other factors affecting building energy use ,in establishing building code targets under paragraph 7#b71 the ,secretary shall develop and adjust the targets in recognition of potential savings and costs relating to-- 7,a7 efficiency gains made in appliances1 lighting1 windows1 insulation1 and building envelope sealing2 7,b7 advancement of distributed generation and on-site renewable power generation technologies2 7,c7 equipment improvements for heating1 cooling1 and ventilation systems2 7,d7 building management systems and ,smart,grid technologies to reduce energy use2 and 7,e7 other technologies1 practices1 and building systems that the ,secretary considers appropriate regarding building plug load and other energy uses4 7#d7 ,economic considerations ,in establishing and revising building code targets under paragraph 7#b71 the ,secretary shall consider the economic feasibility of achieving the proposed targets established under this section and the potential costs and savings for consumers and building owners1 including a return on investment analysis4 7c7 ,technical assistance to model building energy code-,setting and standard development organizations 7#a7 ,in general ,the ,secretary shall1 on a timely basis1 provide technical assistance to model building energy code-setting and standard development organizations consistent with the goals of this section4 7#b7 ,assistance ,the assistance shall include1 as requested by the organizations1 technical assistance in-- 7,a7 evaluating code or standards proposals or revisions2 7,b7 building energy analysis and design tools2 7,c7 building demonstrations2 7,d7 developing definitions of energy use intensity and building types for use in model building energy codes to evaluate the efficiency impacts of the model building energy codes2 7,e7 performance-based standards2 7,f7 evaluating economic considerations under subsection 7b77#d72 and 7,g7 developing model building energy codes by ,indian tribes in accordance with tribal law4 7#c7 ,amendment proposals ,the ,secretary may submit timely model building energy code amendment proposals to the model building energy code-setting and standard development organizations1 with supporting evidence1 sufficient to enable the model building energy codes to meet the targets established under subsection 7b77#b74 7#d7 ,analysis methodology ,the ,secretary shall make publicly available the entire calculation methodology 7including input assumptions and data7 used by the ,secretary to estimate the energy savings of code or standard proposals and revisions4 7d7 ,determination 7#a7 ,revision of model building energy codes ,if the provisions of the ,,iecc or ,,ashrae ,standard #ij4a regarding building energy use are revised1 the ,secretary shall make a preliminary determination not later than #ij days after the date of the revision1 and a final determination not later than #ae months after the date of the revision1 on whether or not the revision will-- 7,a7 improve energy efficiency in buildings compared to the existing model building energy code2 and 7,b7 meet the applicable targets under subsection 7b77#b74 7#b7 ,codes or standards not meeting targets 7,a7 ,in general ,if the ,secretary makes a preliminary determination under paragraph 7#a77;,b7 that a code or standard does not meet the targets established under subsection 7b77#b71 the ,secretary may at the same time provide the model building energy code or standard developer with proposed changes that would result in a model building energy code that meets the targets and with supporting evidence1 taking into consideration-- 7i7 whether the modified code is technically feasible and life-cycle cost effective2 7ii7 available appliances1 technologies1 materials1 and construction practices2 and 7iii7 the economic considerations under subsection 7b77#d74 7,b7 ,incorporation of changes 7i7 ,in general ,on receipt of the proposed changes1 the model building energy code or standard developer shall have an additional #bgj days to accept or reject the proposed changes of the ,secretary to the model building energy code or standard for the ,secretary to make a final determination4 7ii7 ,final determination ,a final determination under paragraph 7#a7 shall be on the modified model building energy code or standard4 7e7 ,administration ,in carrying out this section1 the ,secretary shall-- 7#a7 publish notice of targets and supporting analysis and determinations under this section in the ,federal ,register to provide an explanation of and the basis for such actions1 including any supporting modeling1 data1 assumptions1 protocols1 and cost-benefit analysis1 including return on investment2 and 7#b7 provide an opportunity for public comment on targets and supporting analysis and determinations under this section4 7f7 ,voluntary codes and standards ,notwithstanding any other provision of this section1 any model building code or standard established under section #cjd shall not be binding on a ,state1 local government1 or ,indian tribe as a matter of ,federal law4 4 #ajjb4 ,budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units 7a7 ,establishment ,the ,secretary of ,housing and ,urban ,development 7referred to in this section as the ,secretary7 shall establish a demonstration program under which1 during the period beginning on the date of enactment of this ,act1 and ending on ,september #cj1 #bjah1 the ,secretary may enter into budget-neutral1 performance-based agreements that result in a reduction in energy or water costs with such entities as the ,secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than #bj1jjj residential units in multifamily buildings participating in-- 7#a7 the project-based rental assistance program under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 other than assistance provided under section #h7o7 of that ,act2 7#b7 the supportive housing for the elderly program under section #bjb of the ,housing ,act of #aiei 7#ab ,u4,s4,c4 #agjaq72 or 7#c7 the supportive housing for persons with disabilities program under section #haa7;d77#b7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #hjac7;d77#b774 7b7 ,requirements 7#a7 ,payments contingent on savings 7,a7 ,in general ,the ,secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties1 as determined by the ,secretary1 in accordance with subparagraph 7,b74 7,b7 ,payment methodology 7i7 ,in general ,each agreement under this section shall include a pay-for-success provision-- 7,i7 that will serve as a payment threshold for the term of the agreement2 and 7,,ii7 pursuant to which the ,department of ,housing and ,urban ,development shall share a percentage of the savings at a level determined by the ,secretary that is sufficient to cover the administrative costs of carrying out this section4 7ii7 ,limitations ,a payment made by the ,secretary under an agreement under this section shall-- 7,i7 be contingent on documented utility savings2 and 7,,ii7 not exceed the utility savings achieved by the date of the payment1 and not previously paid1 as a result of the improvements made under the agreement4 7,c7 ,third party verification ,savings payments made by the ,secretary under this section shall be based on a measurement and verification protocol that includes at least-- 7i7 establishment of a weather-normalized and occupancy-normalized utility consumption baseline established preretrofit2 7ii7 annual third party confirmation of actual utility consumption and cost for owner-paid utilities2 7iii7 annual third party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type2 and 7iv7 annual third party determination of savings to the ,secretary4 7#b7 ,term ,the term of an agreement under this section shall be not longer than #ab years4 7#c7 ,entity eligibility ,the ,secretary shall-- 7,a7 establish a competitive process for entering into agreements under this section2 and 7,b7 enter into such agreements only with entities that demonstrate significant experience relating to-- 7i7 financing and operating properties receiving assistance under a program described in subsection 7a72 7ii7 oversight of energy and water conservation programs1 including oversight of contractors2 and 7iii7 raising capital for energy and water conservation improvements from charitable organizations or private investors4 7#d7 ,geographical diversity ,each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and ,state variance4 7c7 ,plan and reports 7#a7 ,plan ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives a detailed plan for the implementation of this section4 7#b7 ,reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall-- 7,a7 conduct an evaluation of the program under this section2 and 7,b7 submit to ,congress a report describing each evaluation conducted under subparagraph 7,a74 7d7 ,funding ,for each fiscal year during which an agreement under this section is in effect1 the ,secretary may use to carry out this section any funds appropriated to the ,secretary for the renewal of contracts under a program described in subsection 7a74 #ajjc4 ,coordination of energy retrofitting assistance for schools 7a7 ,definition of school ,in this section1 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;a772 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 7b7 ,designation of lead agency ,the ,secretary1 acting through the ,office of ,energy ,efficiency and ,renewable ,energy1 shall act as the lead ,federal agency for coordinating and disseminating information on existing ,federal programs and assistance that may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools4 7c7 ,requirements ,in carrying out coordination and outreach under subsection 7b71 the ,secretary shall-- 7#a7 in consultation and coordination with the appropriate ,federal agencies1 carry out a review of existing programs and financing mechanisms 7including revolving loan funds and loan guarantees7 available in or from the ,department of ,agriculture1 the ,department of ,energy1 the ,department of ,education1 the ,department of the ,treasury1 the ,internal ,revenue ,service1 the ,environmental ,protection ,agency1 and other appropriate ,federal agencies with jurisdiction over energy financing and facilitation that are currently used or may be used to help initiate1 develop1 and finance energy efficiency1 renewable energy1 and energy retrofitting projects for schools2 7#b7 establish a ,federal cross-departmental collaborative coordination1 education1 and outreach effort to streamline communication and promote available ,federal opportunities and assistance described in paragraph 7#a7 for energy efficiency1 renewable energy1 and energy retrofitting projects that enables ,states1 local educational agencies1 and schools-- 7,a7 to use existing ,federal opportunities more effectively2 and 7,b7 to form partnerships with ,governors1 ,state energy programs1 local educational1 financial1 and energy officials1 ,state and local government officials1 nonprofit organizations1 and other appropriate entities to support the initiation of the projects2 7#c7 provide technical assistance for ,states1 local educational agencies1 and schools to help develop and finance energy efficiency1 renewable energy1 and energy retrofitting projects-- 7,a7 to increase the energy efficiency of buildings or facilities2 7,b7 to install systems that individually generate energy from renewable energy resources2 7,c7 to establish partnerships to leverage economies of scale and additional financing mechanisms available to larger clean energy initiatives2 or 7,d7 to promote-- 7i7 the maintenance of health1 environmental quality1 and safety in schools1 including the ambient air quality1 through energy efficiency1 renewable energy1 and energy retrofit projects2 and 7ii7 the achievement of expected energy savings and renewable energy production through proper operations and maintenance practices2 7#d7 develop and maintain a single online resource website with contact information for relevant technical assistance and support staff in the ,office of ,energy ,efficiency and ,renewable ,energy for ,states1 local educational agencies1 and schools to effectively access and use ,federal opportunities and assistance described in paragraph 7#a7 to develop energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7#e7 establish a process for recognition of schools that-- 7,a7 have successfully implemented energy efficiency1 renewable energy1 and energy retrofitting projects2 and 7,b7 are willing to serve as resources for other local educational agencies and schools to assist initiation of similar efforts4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the implementation of this section4 #ajjd4 ,energy efficiency retrofit pilot program 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means a nonprofit organization that applies for a grant under this section4 7#b7 ,energy-efficiency improvement 7,a7 ,in general ,the term energy-efficiency improvement means an installed measure 7including a product1 equipment1 system1 service1 or practice7 that results in a reduction in use by a nonprofit organization for energy or fuel supplied from outside the nonprofit building4 7,b7 ,inclusions ,the term energy-efficiency improvement includes an installed measure described in subparagraph 7,a7 involving-- 7i7 repairing1 replacing1 or installing-- 7,i7 a roof or lighting system1 or component of a roof or lighting system2 7,,ii7 a window2 7,,iii7 a door1 including a security door2 or 7,,iv7 a heating1 ventilation1 or air conditioning system or component of the system 7including insulation and wiring and plumbing improvements needed to serve a more efficient system72 7ii7 a renewable energy generation or heating system1 including a solar1 photovoltaic1 wind1 geothermal1 or biomass 7including wood pellet7 system or component of the system2 and 7iii7 any other measure taken to modernize1 renovate1 or repair a nonprofit building to make the nonprofit building more energy efficient4 7#c7 ,nonprofit building 7,a7 ,in general ,the term nonprofit building means a building operated and owned by a nonprofit organization4 7,b7 ,inclusions ,the term nonprofit building includes a building described in subparagraph 7,a7 that is-- 7i7 a hospital2 7ii7 a youth center2 7iii7 a school2 7iv7 a social-welfare program facility2 7v7 a faith-based organization2 and 7vi7 any other nonresidential and noncommercial structure4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a pilot program to award grants for the purpose of retrofitting nonprofit buildings with energy-efficiency improvements4 7c7 ,grants 7#a7 ,in general ,the ,secretary may award grants under the program established under subsection 7b74 7#b7 ,application ,the ,secretary may award a grant under this section if an applicant submits to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may prescribe4 7#c7 ,criteria for grant ,in determining whether to award a grant under this section1 the ,secretary shall apply performance-based criteria1 which shall give priority to applications based on-- 7,a7 the energy savings achieved2 7,b7 the cost-effectiveness of the energy-efficiency improvement2 7,c7 an effective plan for evaluation1 measurement1 and verification of energy savings2 7,d7 the financial need of the applicant2 and 7,e7 the percentage of the matching contribution by the applicant4 7#d7 ,limitation on individual grant amount ,each grant awarded under this section shall not exceed-- 7,a7 an amount equal to #ej percent of the energy-efficiency improvement2 and 7,b7 #bjj1jjj4 7#e7 ,cost sharing 7,a7 ,in general ,a grant awarded under this section shall be subject to a minimum non-,federal cost-sharing requirement of #ej percent4 7,b7 ,in-kind contributions ,the non-,federal share may be provided in the form of in-kind contributions of materials or services4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjaf through #bjbj1 to remain available until expended4 #ajje4 ,utility energy service contracts ,section #edf of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbef7 is amended by adding at the end the following3 7f7 ,utility energy service contracts 7#a7 ,in general ,each ,federal agency may use1 to the maximum extent practicable1 measures provided by law to meet energy efficiency and conservation mandates and laws1 including through utility energy service contracts4 7#b7 ,contract period ,the term of a utility energy service contract entered into by a ,federal agency may have a contract period that extends beyond #aj years1 but not to exceed #be years4 7#c7 ,requirements ,the conditions of a utility energy service contract entered into by a ,federal agency shall include requirements for measurement1 verification1 and performance assurances or guarantees of the savings4 4 #ajjf4 ,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 redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 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 following3 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 following3 7#e7 7,a7 the status of the energy savings performance contracts and utility energy service contracts of each agency2 7,b7 the investment value of the contracts2 7,c7 the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year2 7,d7 the plan for entering into the contracts in the coming year2 and 7,e7 information explaining why any previously submitted plans for the contracts were not implemented4 4 7c7 ,definition of energy conservation measures ,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 following3 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 combination 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#b77 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 the 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 ,definition of ,federal building ,section #eea7f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei7f77 is amended by striking the semicolon at the end and inserting the term does not include a dam1 reservoir1 or hydropower facility owned or operated by a ,federal agency24 7h7 ,definition of energy savings ,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 #eea7 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 following3 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 #ajjg4 ,building training and assessment centers 7a7 ,in general ,the ,secretary shall provide grants to institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and ,tribal ,colleges or ,universities 7as defined in section #caf7;b7 of that ,act 7#bj ,u4,s4,c4 #ajei;c7b777 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and environmental performance in buildings2 7#b7 to promote the application of emerging concepts and technologies in commercial and institutional buildings2 7#c7 to train engineers1 architects1 building scientists1 building energy permitting and enforcement officials1 and building technicians in energy-efficient design and operation2 7#d7 to assist institutions of higher education and ,tribal ,colleges or ,universities in training building technicians2 7#e7 to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings1 particularly energy-intensive buildings2 and 7#f7 to coordinate with and assist ,state-accredited technical training centers1 community colleges1 ,tribal ,colleges or ,universities1 and local offices of the ,national ,institute of ,food and ,agriculture and ensure appropriate services are provided under this section to each region of the ,united ,states4 7b7 ,coordination and nonduplication 7#a7 ,in general ,the ,secretary shall coordinate the program with the industrial research and assessment centers program and with other ,federal programs to avoid duplication of effort4 7#b7 ,collocation ,to the maximum extent practicable1 building1 training1 and assessment centers established under this section shall be collocated with ,industrial ,assessment ,centers4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #ajjh4 ,career skills training 7a7 ,in general ,the ,secretary shall pay grants to eligible entities described in subsection 7b7 to pay the ,federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining an industry-related certification to install energy efficient buildings technologies1 including technologies described in section #cjg7;b77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcf7;b77#c774 7b7 ,eligibility ,to be eligible to obtain a grant under subsection 7a71 an entity shall be a nonprofit partnership described in section #aga7;e77#b77;,b77ii7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #biaf7;e77#b77;,b77ii774 7c7 ,federal share ,the ,federal share of the cost of carrying out a career skills training program described in subsection 7a7 shall be #ej percent4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj1 to remain available until expended4 #ajji4 ,energy-efficient and energy-saving information technologies ,section #edc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7 is amended by adding at the end the following3 7h7 ,federal ,implementation ,strategy for ,energy-,efficient and ,energy-,saving ,information ,technologies 7#a7 ,definitions ,in this subsection3 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 the term in section #aaaja of title #dj1 ,united ,states ,code4 7#b7 ,development of implementation strategy ,not later than #a year after the date of enactment of this subsection1 each ,federal agency shall collaborate with the ,director to develop an implementation strategy 7including best-practices and measurement and verification techniques7 for the maintenance1 purchase1 and use by the ,federal agency of energy-efficient and energy-saving information technologies4 7#c7 ,administration ,in developing an implementation strategy1 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 and 7,e7 secure telework and travel substitution tools4 7#d7 ,performance goals 7,a7 ,in general ,not later than ,september #cj1 #bjae1 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 technology systems4 7,b7 ,best practices ,the ,chief ,information ,officers ,council established under section #cfjc of title #dd1 ,united ,states ,code1 shall supplement the performance goals established under this paragraph with recommendations on best practices for the attainment of the performance goals1 to include a requirement for agencies to consider the use of-- 7i7 energy savings performance contracting2 and 7ii7 utility energy services contracting4 7#e7 ,reports 7,a7 ,agency reports ,each ,federal agency subject to the requirements of this subsection shall include in the report of the agency under section #ebg of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadc7 a description of the efforts and results of the agency under this subsection4 7,b7 ,,omb ,government efficiency reports and scorecards ,effective beginning not later than ,october #a1 #bjae1 the ,director shall include in the annual report and scorecard of the ,director required under section #ebh of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agadd7 a description of the efforts and results of ,federal agencies under this subsection4 7,c7 ,use of existing reporting structures ,the ,director may require ,federal agencies to submit any information required to be submitted under this subsection though reporting structures in use as of the date of enactment of the ,energy ,policy ,modernization ,act of #bjae4 4 #ajaj4 ,availability of funds for design updates ,section #ccjg of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7d7 through 7h7 as subsections 7e7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,availability of funds for design updates 7#a7 ,in general ,subject to paragraph 7#b71 for any project for which congressional approval is received under subsection 7a7 and for which the design has been substantially completed but construction has not begun1 the ,administrator of ,general ,services may use appropriated funds to update the project design to meet applicable ,federal building energy efficiency standards established under section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 and other requirements established under section #ccab4 7#b7 ,limitation ,the use of funds under paragraph 7#a7 shall not exceed #abe percent of the estimated energy or other cost savings associated with the updates as determined by a life cycle cost analysis under section #edd of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbed74 4 #ajaa4 ,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 7b7-- 7,a7 in paragraph 7#b77;,d77iv71 by striking the organization and inserting an organization2 and 7,b7 by striking paragraph 7#c72 and 7#b7 by striking subsections 7c7 through 7g7 and inserting the following3 7c7 ,stakeholder involvement 7#a7 ,in general ,the ,secretary and the ,administrator shall carry out subsection 7b7 in consultation with the information technology industry and other key stakeholders1 with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains4 7#b7 ,considerations ,in carrying out consultation described in paragraph 7#a71 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 including representatives of hardware manufacturers1 data center operators1 and facility managers2 7,b7 obtain and address input from the ,national ,laboratories 7as that term is defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja77 or any institution of higher education1 research institution1 industry association1 company1 or public interest group with applicable expertise2 7,c7 follow-- 7i7 commonly accepted procedures for the development of specifications2 and 7ii7 accredited standards development processes2 or 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 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 consultation with the ,administrator1 not later than #ah months after the date of enactment of the ,energy ,policy ,modernization ,act of #bjae1 shall make available to the public an update to the report submitted to ,congress pursuant to section #a of the ,act of ,december #bj1 #bjjf 7,public ,law #aji-dca2 #abj ,stat4 #bibj71 entitled ,report to ,congress on ,server and ,data ,center ,energy ,efficiency and dated ,august #b1 #bjjg1 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 #bjjg through #bjad2 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 7#a7 ,in general ,the ,secretary1 in consultation with key stakeholders and the ,director of the ,office of ,management and ,budget1 shall maintain a data center energy practitioner program that provides for the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in ,federal data centers4 7#b7 ,evaluations ,each ,federal agency shall consider having the data centers of the agency evaluated once every #d years by energy practitioners certified pursuant to the program1 whenever practicable using certified practitioners employed by the agency4 7g7 ,open data initiative 7#a7 ,in general ,the ,secretary1 in consultation 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 the data available and accessible in a manner that encourages further data center innovation1 optimization1 and consolidation4 7#b7 ,consideration ,in establishing the initiative under paragraph 7#a71 the ,secretary shall consider using the online ,data ,center ,maturity ,model4 7h7 ,international specifications and metrics ,the ,secretary1 in consultation 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 in 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 #ajab4 ,weatherization ,assistance ,program 7a7 ,reauthorization of ,weatherization ,assistance ,program ,section #dbb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhgb7 is amended by striking appropriated-- and all that follows through the period at the end and inserting appropriated #cej1jjj1jjj for each of fiscal years #bjaf through #bjbj44 7b7 ,grants for new1 self-sustaining low-income1 single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations ,the ,energy ,conservation and ,production ,act is amended by inserting after section #dad;,b 7#db ,u4,s4,c4 #fhfd;b7 the following3 #dad;,c4 ,grants for new1 self-sustaining low-income1 single-family and multifamily housing energy retrofit model programs to eligible multistate housing and energy nonprofit organizations 7a7 ,purposes ,the purposes of this section are-- 7#a7 to expand the number of low-income1 single-family and multifamily homes that receive energy efficiency retrofits2 7#b7 to promote innovation and new models of retrofitting low-income homes through new ,federal partnerships with covered organizations that leverage substantial donations1 donated materials1 volunteer labor1 homeowner labor equity1 and other private sector resources2 7#c7 to assist the covered organizations in demonstrating1 evaluating1 improving1 and replicating widely the model low-income energy retrofit programs of the covered organizations2 and 7#d7 to ensure that the covered organizations make the energy retrofit programs of the covered organizations self-sustaining by the time grant funds have been expended4 7b7 ,definitions ,in this section3 7#a7 ,covered organization ,the term covered organization means an organization that-- 7,a7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under #eja7;a7 of that ,code2 and 7,b7 has an established record of constructing1 renovating1 repairing1 or making energy efficient a total of not less than #bej owner-occupied1 single-family or multifamily homes per year for low-income households1 either directly or through affiliates1 chapters1 or other direct partners 7using the most recent year for which data are available74 7#b7 ,low-income ,the term low-income means an income level that is not more than #bjj percent of the poverty level 7as determined in accordance with criteria established by the ,director of the ,office of ,management and ,budget7 applicable to a family of the size involved1 except that the ,secretary may establish a higher or lower level if the ,secretary determines that a higher or lower level is necessary to carry out this section4 7#c7 ,weatherization ,assistance ,program for ,low-,income ,persons ,the term ,weatherization ,assistance ,program for ,low-,income ,persons means the program established under this part 7including part #ddj of title #aj1 ,code of ,federal ,regulations1 or successor regulations74 7c7 ,competitive grant program ,the ,secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section4 7d7 ,award factors ,in making grants under this section1 the ,secretary shall consider-- 7#a7 the number of low-income homes the applicant-- 7,a7 has built1 renovated1 repaired1 or made more energy efficient as of the date of the application2 and 7,b7 can reasonably be projected to build1 renovate1 repair1 or make energy efficient during the #aj-year period beginning on the date of the application2 7#b7 the qualifications1 experience1 and past performance of the applicant1 including experience successfully managing and administering ,federal funds2 7#c7 the number and diversity of ,states and climates in which the applicant works as of the date of the application2 7#d7 the amount of non-,federal funds1 donated or discounted materials1 discounted or volunteer skilled labor1 volunteer unskilled labor1 homeowner labor equity1 and other resources the applicant will provide2 7#e7 the extent to which the applicant could successfully replicate the energy retrofit program of the applicant and sustain the program after the grant funds have been expended2 7#f7 regional diversity2 7#g7 urban1 suburban1 and rural localities2 and 7#h7 such other factors as the ,secretary determines to be appropriate4 7e7 ,applications 7#a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall request proposals from covered organizations4 7#b7 ,administration ,to be eligible to receive a grant under this section1 an applicant shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,awards ,not later than #ij days after the date of issuance of a request for proposals1 the ,secretary shall award grants under this section4 7f7 ,eligible uses of grant funds ,a grant under this section may be used for-- 7#a7 energy efficiency audits1 cost-effective retrofit1 and related activities in different climatic regions of the ,united ,states2 7#b7 energy efficiency materials and supplies2 7#c7 organizational capacity-- 7,a7 to significantly increase the number of energy retrofits2 7,b7 to replicate an energy retrofit program in other ,states2 and 7,c7 to ensure that the program is self-sustaining after the ,federal grant funds are expended2 7#d7 energy efficiency1 audit and retrofit training1 and ongoing technical assistance2 7#e7 information to homeowners on proper maintenance and energy savings behaviors2 7#f7 quality control and improvement2 7#g7 data collection1 measurement1 and verification2 7#h7 program monitoring1 oversight1 evaluation1 and reporting2 7#i7 management and administration 7up to a maximum of #aj percent of the total grant72 7#aj7 labor and training activities2 and 7#aa7 such other activities as the ,secretary determines to be appropriate4 7g7 ,maximum amount 7#a7 ,in general ,the amount of a grant provided under this section shall not exceed-- 7,a7 if the amount made available to carry out this section for a fiscal year is #bbe1jjj1jjj or more1 #e1jjj1jjj2 and 7,b7 if the amount made available to carry out this section for a fiscal year is less than #bbe1jjj1jjj1 #a1ejj1jjj4 7#b7 ,technical and training assistance ,the total amount of a grant provided under this section shall be reduced by the cost of any technical and training assistance provided by the ,secretary that relates to the grant4 7h7 ,guidelines 7#a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,secretary shall issue guidelines to implement the grant program established under this section4 7#b7 ,administration ,the guidelines-- 7,a7 shall not apply to the ,weatherization ,assistance ,program for ,low-,income ,persons1 in whole or major part2 but 7,b7 may rely on applicable provisions of law governing the ,weatherization ,assistance ,program for ,low-,income ,persons to establish-- 7i7 standards for allowable expenditures2 7ii7 a minimum savings-to-investment ratio2 7iii7 standards-- 7,i7 to carry out training programs2 7,,ii7 to conduct energy audits and program activities2 7,,iii7 to provide technical assistance2 7,,iv7 to monitor program activities2 and 7,v7 to verify energy and cost savings2 7iv7 liability insurance requirements2 and 7v7 recordkeeping requirements1 which shall include reporting to the ,office of ,weatherization and ,intergovernmental ,programs of the ,department of ,energy applicable data on each home retrofitted4 7i7 ,review and evaluation ,the ,secretary shall review and evaluate the performance of any covered organization that receives a grant under this section 7which may include an audit71 as determined by the ,secretary4 7j7 ,compliance with ,state and local law ,nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any ,state or local law1 to the extent that the ,state or local law contains a requirement that is more stringent than the applicable requirement of this section4 7k7 ,annual reports ,the ,secretary shall submit to ,congress annual reports that provide-- 7#a7 findings2 7#b7 a description of energy and cost savings achieved and actions taken under this section2 and 7#c7 any recommendations for further action4 7l7 ,funding ,of the amount of funds that are made available to carry out the ,weatherization ,assistance ,program for each of fiscal years #bjaf through #bjbj under section #dbb1 the ,secretary shall use to carry out this section for each of fiscal years #bjaf through #bjbj not less than-- 7#a7 #b percent of the amount if the amount is less than #bbe1jjj1jjj2 7#b7 #e percent of the amount if the amount is #bbe1jjj1jjj or more but less than #bfj1jjj1jjj2 and 7#c7 #aj percent of the amount if the amount is #bfj1jjj1jjj or more4 4 7c7 ,standards program ,section #dae of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfe7 is amended by adding at the end the following3 7f7 ,standards program 7#a7 ,contractor qualification ,effective beginning ,january #a1 #bjaf1 to be eligible to carry out weatherization using funds made available under this part1 a contractor shall be selected through a competitive bidding process and be-- 7,a7 accredited by the ,building ,performance ,institute2 7,b7 an ,energy ,smart ,home ,performance ,team accredited under the ,residential ,energy ,services ,network2 or 7,c7 accredited by an equivalent accreditation or program accreditation-based ,state certification program approved by the ,secretary4 7#b7 ,grants for energy retrofit model programs 7,a7 ,in general ,to be eligible to receive a grant under section #dad;,c1 a covered organization 7as defined in section #dad;,c7b77 shall use a crew chief who-- 7i7 is certified or accredited in accordance with paragraph 7#a72 and 7ii7 supervises the work performed with grant funds4 7,b7 ,volunteer labor ,a volunteer who performs work for a covered organization that receives a grant under section #dad;,c shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor4 7,c7 ,training ,the ,secretary shall use training and technical assistance funds available to the ,secretary to assist covered organizations under section #dad;,c in providing training to obtain certification required under this subsection1 including provisional or temporary certification4 7#c7 ,minimum efficiency standards ,effective beginning ,october #a1 #bjaf1 the ,secretary shall ensure that-- 7,a7 each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the ,secretary after weatherization of a dwelling unit2 7,b7 at least #aj percent of the dwelling units are randomly inspected by a third party accredited under this subsection to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph 7,a72 and 7,c7 the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection1 as determined by the ,secretary4 4 #ajac4 ,reauthorization of ,state energy program ,section #cfe7;f7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;f77 is amended by striking #abe1jjj1jjj for each of fiscal years #bjjg through #bjab and inserting #ij1jjj1jjj for each of fiscal years #bjaf through #bjbj1 of which not greater than #e percent may be used to provide competitively awarded financial assistance4 #ajad4 ,smart building acceleration 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the ,federal ,smart ,building ,program established under subsection 7b77#a74 7#b7 ,smart building ,the term smart building means a building1 or collection of buildings1 with an energy system that-- 7,a7 is flexible and automated2 7,b7 has extensive operational monitoring and communication connectivity1 allowing remote monitoring and analysis of all building functions2 7,c7 takes a systems-based approach in integrating the overall building operations for control of energy generation1 consumption1 and storage2 7,d7 communicates with utilities and other third-party commercial entities1 if appropriate2 and 7,e7 is cybersecure4 7#c7 ,smart building accelerator ,the term smart building accelerator means an initiative that is designed to demonstrate specific innovative policies and approaches-- 7,a7 with clear goals and a clear timeline2 and 7,b7 that1 on successful demonstration1 would accelerate investment in energy efficiency4 7b7 ,federal smart building program 7#a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a program to be known as the ,federal ,smart ,building ,program-- 7,a7 to implement smart building technology2 and 7,b7 to demonstrate the costs and benefits of smart buildings4 7#b7 ,selection 7,a7 ,in general ,the ,secretary shall coordinate the selection of not fewer than #a building from among each of several key ,federal agencies1 as described in paragraph 7#d71 to compose an appropriately diverse set of smart buildings based on size1 type1 and geographic location4 7,b7 ,inclusion of commercially operated buildings ,in making selections under subparagraph 7,a71 the ,secretary may include buildings that are owned by the ,federal ,government but are commercially operated4 7#c7 ,targets ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall establish targets for the number of smart buildings to be commissioned and evaluated by key ,federal agencies by #c years and #f years after the date of enactment of this ,act4 7#d7 ,federal agency described ,the key ,federal agencies referred to in this subsection shall include buildings operated by-- 7,a7 the ,department of the ,army2 7,b7 the ,department of the ,navy2 7,c7 the ,department of the ,air ,force2 7,d7 the ,department2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,veterans ,affairs2 and 7,g7 the ,general ,services ,administration4 7#e7 ,requirement ,in implementing the program1 the ,secretary shall leverage existing financing mechanisms including energy savings performance contracts1 utility energy service contracts1 and annual appropriations4 7#f7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7#g7 ,awards ,the ,secretary may expand awards made under the ,federal ,energy ,management ,program and the ,better ,building ,challenge to recognize specific agency achievements in accelerating the adoption of smart building technologies4 7c7 ,survey of private sector smart buildings 7#a7 ,survey ,the ,secretary shall conduct a survey of privately owned smart buildings throughout the ,united ,states1 including commercial buildings1 laboratory facilities1 hospitals1 multifamily residential buildings1 and buildings owned by nonprofit organizations and institutions of higher education4 7#b7 ,selection ,from among the smart buildings surveyed under paragraph 7#a71 the ,secretary shall select not fewer than #a building each from an appropriate range of building sizes1 types1 and geographic locations4 7#c7 ,evaluation ,using the guidelines of the ,federal ,energy ,management ,program relating to whole-building evaluation1 measurement1 and verification1 the ,secretary shall evaluate the costs and benefits of the buildings selected under paragraph 7#b71 including an identification of-- 7,a7 which advanced building technologies and systems-- 7i7 are most cost-effective2 and 7ii7 show the most promise for-- 7,i7 increasing building energy savings2 7,,ii7 increasing service performance to building occupants2 7,,iii7 reducing environmental impacts2 and 7,,iv7 establishing cybersecurity2 and 7,b7 any other information the ,secretary determines to be appropriate4 7d7 ,leveraging existing programs 7#a7 ,better building challenge ,as part of the ,better ,building ,challenge of the ,department1 the ,secretary1 in consultation with major private sector property owners1 shall develop smart building accelerators to demonstrate innovative policies and approaches that will accelerate the transition to smart buildings in the public1 institutional1 and commercial buildings sectors4 7#b7 ,research and development 7,a7 ,in general ,the ,secretary shall conduct research and development to address key barriers to the integration of advanced building technologies and to accelerate the transition to smart buildings4 7,b7 ,inclusion ,the research and development conducted under subparagraph 7,a7 shall include research and development on-- 7i7 achieving whole-building1 systems-level efficiency through smart system and component integration2 7ii7 improving physical components1 such as sensors and controls1 to be adaptive1 anticipatory1 and networked2 7iii7 reducing the cost of key components to accelerate the adoption of smart building technologies2 7iv7 data management1 including the capture and analysis of data and the interoperability of the energy systems2 7v7 protecting against cybersecurity threats and addressing security vulnerabilities of building systems or equipment2 7vi7 business models1 including how business models may limit the adoption of smart building technologies and how to support transactive energy2 7vii7 integration and application of combined heat and power systems and energy storage for resiliency2 7viii7 characterization of buildings and components2 7ix7 consumer and utility protections2 7x7 continuous management1 including the challenges of managing multiple energy systems and optimizing systems for disparate stakeholders2 and 7xi7 other areas of research and development1 as determined appropriate by the ,secretary4 7e7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter until a total of #c reports have been made1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on-- 7#a7 the establishment of the ,federal ,smart ,building ,program and the evaluation of ,federal smart buildings under subsection 7b72 7#b7 the survey and evaluation of private sector smart buildings under subsection 7c72 and 7#c7 any recommendations of the ,secretary to further accelerate the transition to smart buildings4 #ajae4 ,repeal of fossil phase-out ,section #cje7;a77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77 is amended by striking subparagraph 7,d74 #ajaf4 ,federal building energy efficiency performance standards 7a7 ,definitions ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 7as amended by section #ajja7;a77 is amended-- 7#a7 in paragraph 7#f71 by striking to be constructed and inserting constructed or altered2 and 7#b7 by adding at the end the following3 7#ai7 ,major renovation ,the term major renovation means a modification of building energy systems sufficiently extensive that the whole building can meet energy standards for new buildings1 based on criteria to be established by the ,secretary through notice and comment rulemaking4 4 7b7 ,federal building efficiency standards ,section #cje7;a77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77 7as amended by section #ajae7 is amended-- 7#a7 by striking 7#c77;,a7 ,not later than and all that follows through subparagraph 7,b7 and inserting the following3 7#c7 ,revised federal building energy efficiency performance standards 7,a7 ,revised federal building energy efficiency performance standards 7i7 ,in general ,not later than #a year after the date of enactment of the ,energy ,policy ,modernization ,act of #bjae1 the ,secretary shall establish1 by rule1 revised ,federal building energy efficiency performance standards that require that-- 7,i7 new ,federal buildings and alterations and additions to existing ,federal buildings-- 7aa7 meet or exceed the most recent revision of the ,international ,energy ,conservation ,code 7in the case of residential buildings7 or ,,ashrae ,standard #ij4a 7in the case of commercial buildings7 as of the date of enactment of the ,energy ,policy ,modernization ,act of #bjae2 and 7bb7 meet or exceed the energy provisions of ,state and local building codes applicable to the building1 if the codes are more stringent than the ,international ,energy ,conservation ,code or ,,ashrae ,standard #ij4a1 as applicable2 7,,ii7 unless demonstrated not to be life-cycle cost effective for new ,federal buildings and ,federal buildings with major renovations-- 7aa7 the buildings be designed to achieve energy consumption levels that are at least #cj percent below the levels established in the version of the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 as appropriate1 that is applied under subclause 7,i77aa71 including updates under subparagraph 7,b72 and 7bb7 sustainable design principles are applied to the location1 siting1 design1 and construction of all new ,federal buildings and replacement ,federal buildings2 7,,iii7 if water is used to achieve energy efficiency1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost effective2 and 7,,iv7 if life-cycle cost effective1 as compared to other reasonably available technologies1 not less than #cj percent of the hot water demand for each new ,federal building or ,federal building undergoing a major renovation be met through the installation and use of solar hot water heaters4 7ii7 ,limitation ,clause 7i77,i7 shall not apply to unaltered portions of existing ,federal buildings and systems that have been added to or altered4 7,b7 ,updates ,not later than #a year after the date of approval of each subsequent revision of the ,,ashrae ,standard or the ,international ,energy ,conservation ,code1 as appropriate1 the ,secretary shall determine whether the revised standards established under subparagraph 7,a7 should be updated to reflect the revisions1 based on the energy savings and life-cycle cost-effectiveness of the revisions4 2 and 7#b7 in subparagraph 7,c71 by striking 7,c7 ,in the budget request and inserting the following3 7,c7 ,budget request ,in the budget request 4 #ajag4 ,codification of ,executive ,order ,beginning in fiscal year #bjaf and each fiscal year thereafter through fiscal year #bjbe1 the head of each ,federal agency shall1 unless otherwise specified and where life-cycle cost-effective1 promote building energy conservation1 efficiency1 and management by reducing1 in ,federal buildings of the agency1 building energy intensity1 as measured in ,british thermal units per gross square foot1 by #b4e percent each fiscal year1 relative to the baseline of the building energy use of the applicable ,federal buildings in fiscal year #bjae and after taking into account the progress of the ,federal agency in preceding fiscal years4 #ajah4 ,certification for green buildings ,section #cje of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7 7as amended by sections #ajae and #ajaf7;b77 is amended-- 7#a7 in subsection 7a77#c71 by adding at the end the following3 7,d7 ,certification for green buildings 7i7 ,sustainable design principles ,sustainable design principles shall be applied to the siting1 design1 and construction of buildings covered by this subparagraph4 7ii7 ,selection of certification systems ,the ,secretary1 after reviewing the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h771 in consultation with the ,administrator of ,general ,services1 and in consultation with the ,secretary of ,defense relating to those facilities under the custody and control of the ,department of ,defense1 shall determine those certification systems for green commercial and residential buildings that the ,secretary determines to be the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings4 7iii7 ,basis for selection ,the determination of the certification systems under clause 7ii7 shall be based on ongoing review of the findings of the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 and the criteria described in clause 7v74 7iv7 ,administration ,in determining certification systems under this subparagraph1 the ,secretary shall-- 7,i7 make a separate determination for all or part of each system2 7,,ii7 confirm that the criteria used to support the selection of building products1 materials1 brands1 and technologies-- 7aa7 are fair and neutral 7meaning that the criteria are based on an objective assessment of relevant technical data72 7bb7 do not prohibit1 disfavor1 or discriminate against selection based on technically inadequate information to inform human or environmental risk2 and 7cc7 are expressed to prefer performance measures whenever performance measures may reasonably be used in lieu of prescriptive measures2 and 7,,iii7 use environmental and health criteria that are based on risk assessment methodology that is generally accepted by the applicable scientific disciplines4 7v7 ,considerations ,in determining the green building certification systems under this subparagraph1 the ,secretary shall take into consideration-- 7,i7 the ability and availability of assessors and auditors to independently verify the criteria and measurement of metrics at the scale necessary to implement this subparagraph2 7,,ii7 the ability of the applicable certification organization to collect and reflect public comment2 7,,iii7 the ability of the standard to be developed and revised through a consensus-based process2 7,,iv7 an evaluation of the robustness of the criteria for a high-performance green building1 which shall give credit for promoting-- 7aa7 efficient and sustainable use of water1 energy1 and other natural resources2 7bb7 the use of renewable energy sources2 7cc7 improved indoor environmental quality through enhanced indoor air quality1 thermal comfort1 acoustics1 day lighting1 pollutant source control1 and use of low-emission materials and building system controls2 and 7dd7 such other criteria as the ,secretary determines to be appropriate2 and 7,v7 national recognition within the building industry4 7vi7 ,review ,the ,secretary1 in consultation with the ,administrator of ,general ,services and the ,secretary of ,defense1 shall conduct an ongoing review to evaluate and compare private sector green building certification systems1 taking into account-- 7,i7 the criteria described in clause 7v72 and 7,,ii7 the identification made by the ,federal ,director under section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h774 7vii7 ,exclusions 7,i7 ,in general ,subject to subclause 7,,ii71 if a certification system fails to meet the review requirements of clause 7v71 the ,secretary shall-- 7aa7 identify the portions of the system1 whether prerequisites1 credits1 points1 or otherwise1 that meet the review criteria of clause 7v72 7bb7 determine the portions of the system that are suitable for use2 and 7cc7 exclude all other portions of the system from identification and use4 7,,ii7 ,entire systems ,the ,secretary shall exclude an entire system from use if an exclusion under subclause 7,i7-- 7aa7 impedes the integrated use of the system2 7bb7 creates disparate review criteria or unequal point access for competing materials2 or 7cc7 increases agency costs of the use4 7viii7 ,internal certification processes ,the ,secretary may by rule allow ,federal agencies to develop internal certification processes1 using certified professionals1 in lieu of certification by certification entities identified under clause 7ii74 7ix7 ,privatized military housing ,with respect to privatized military housing1 the ,secretary of ,defense1 after consultation with the ,secretary may1 through rulemaking1 develop alternative certification systems and levels than the systems and levels identified under clause 7ii7 that achieve an equivalent result in terms of energy savings1 sustainable design1 and green building performance4 7x7 ,water conservation technologies ,in addition to any use of water conservation technologies otherwise required by this section1 water conservation technologies shall be applied to the extent that the technologies are life-cycle cost-effective4 7xi7 ,effective date 7,i7 ,determinations made after december #ca1 #bjae ,this subparagraph shall apply to any determination made by a ,federal agency after ,december #ca1 #bjae4 7,,ii7 ,determinations made on or before december #ca1 #bjae ,this subparagraph 7as in effect on the day before the date of enactment of the ,energy ,policy ,modernization ,act of #bjae7 shall apply to any use of a certification system for green commercial and residential buildings by a ,federal agency on or before ,december #ca1 #bjae4 2 and 7#b7 by striking subsections 7c7 and 7d7 and inserting the following3 7c7 ,periodic review ,the ,secretary shall-- 7#a7 once every #e years1 review the ,federal building energy standards established under this section2 and 7#b7 on completion of a review under paragraph 7#a71 if the ,secretary determines that significant energy savings would result1 upgrade the standards to include all new energy efficiency and renewable energy measures that are technologically feasible and economically justified4 4 #ajai4 ,high performance green federal buildings ,section #dcf7;h7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjib7;h77 is amended-- 7#a7 in the subsection heading1 by striking ,system and inserting ,systems2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,based on an ongoing review1 the ,federal ,director shall identify and shall provide to the ,secretary pursuant to section #cje7;a77#c77;,d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77;,d771 a list of those certification systems that the ,director identifies as the most likely to encourage a comprehensive and environmentally sound approach to certification of green buildings4 2 and 7#c7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking system and inserting systems2 7,b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 an ongoing review provided to the ,secretary pursuant to section #cje7;a77#c77;,d7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcd7;a77#c77;,d771 which shall-- 7i7 be carried out by the ,federal ,director to compare and evaluate standards2 and 7ii7 allow any developer or administrator of a rating system or certification system to be included in the review2 2 7,c7 in subparagraph 7,e77v71 by striking and after the semicolon at the end2 7,d7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7,g7 a finding that1 for all credits addressing grown1 harvested1 or mined materials1 the system does not discriminate against the use of domestic products that have obtained certifications of responsible sourcing2 and 7,h7 a finding that the system incorporates life-cycle assessment as a credit pathway4 4 #ajbj4 ,evaluation of potentially duplicative green building programs within ,department of ,energy 7a7 ,definitions ,in this section3 7#a7 ,administrative expenses 7,a7 ,in general ,the term administrative expenses has the meaning given the term by the ,director of the ,office of ,management and ,budget under section #ejd7;b77#b7 of the ,energy and ,water ,development and ,related ,agencies ,appropriations ,act1 #bjaj 7#ca ,u4,s4,c4 #aaje note2 ,public ,law #aaa-he74 7,b7 ,inclusions ,the term administrative expenses includes1 with respect to an agency-- 7i7 costs incurred by-- 7,i7 the agency2 or 7,,ii7 any grantee1 subgrantee1 or other recipient of funds from a grant program or other program administered by the agency2 and 7ii7 expenses relating to personnel salaries and benefits1 property management1 travel1 program management1 promotion1 reviews and audits1 case management1 and communication regarding1 promotion of1 and outreach for programs and program activities administered by the agency4 7#b7 ,applicable program ,the term applicable program means any program that is-- 7,a7 listed in ,table #i 7pages #cdh-cej7 of the report of the ,government ,accountability ,office entitled #bjab ,annual ,report3 ,opportunities to ,reduce ,duplication1 ,overlap and ,fragmentation1 ,achieve ,savings1 and ,enhance ,revenue2 and 7,b7 administered by the ,secretary4 7#c7 ,service 7,a7 ,in general ,subject to subparagraph 7,b71 the term service has the meaning given the term by the ,director of the ,office of ,management and ,budget4 7,b7 ,requirements ,for purposes of subparagraph 7,a71 the term service shall be limited to activities1 assistance1 or other aid that provides a direct benefit to a recipient1 such as-- 7i7 the provision of technical assistance2 7ii7 assistance for housing or tuition2 or 7iii7 financial support 7including grants1 loans1 tax credits1 and tax deductions74 7b7 ,report 7#a7 ,in general ,not later than ,january #a1 #bjaf1 the ,secretary shall submit to ,congress and make available on the public ,internet website of the ,department a report that describes the applicable programs4 7#b7 ,requirements ,in preparing the report under paragraph 7#a71 the ,secretary shall-- 7,a7 determine the approximate annual total administrative expenses of each applicable program2 7,b7 determine the approximate annual expenditures for services for each applicable program2 7,c7 describe the intended market for each applicable program1 including the-- 7i7 estimated the number of clients served by each applicable program2 and 7ii7 beneficiaries who received services or information under the applicable program 7if applicable and if data is readily available72 7,d7 estimate-- 7i7 the number of full-time employees who administer each applicable program2 and 7ii7 the number of full-time equivalents 7the salary of whom is paid in part or full by the ,federal ,government through a grant or contract1 a subaward of a grant or contract1 a cooperative agreement1 or another form of financial award or assistance7 who assist in administering the applicable program2 7,e7 briefly describe the type of services each applicable program provides1 such as information1 grants1 technical assistance1 loans1 tax credits1 or tax deductions2 7,f7 identify the type of recipient who is intended to benefit from the services or information provided under the applicable program1 such as individual property owners or renters1 local governments1 businesses1 nonprofit organizations1 or ,state governments2 and 7,g7 identify whether written program goals are available for each applicable program4 7c7 ,recommendations ,not later than ,january #a1 #bjaf1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 a recommendation of whether any applicable program should be eliminated or consolidated1 including any legislative changes that would be necessary to eliminate or consolidate applicable programs2 and 7#b7 methods to improve the applicable programs by establishing program goals or increasing collaboration to reduce any potential overlap or duplication1 taking into account-- 7,a7 the #bjaa report of the ,government ,accountability ,office entitled ,federal ,initiatives for the ,non,federal ,sector ,could ,benefit from ,more ,interagency ,collaboration2 and 7,b7 the report of the ,government ,accountability ,office entitled #bjab ,annual ,report3 ,opportunities to ,reduce ,duplication1 ,overlap and ,fragmentation1 ,achieve ,savings1 and ,enhance ,revenue4 7d7 ,analyses ,not later than ,january #a1 #bjaf1 the ,secretary shall identify-- 7#a7 which applicable programs were specifically authorized by ,congress2 and 7#b7 which applicable programs are carried out solely under the discretionary authority of the ,secretary4 #ajba4 ,study and report on energy savings benefits of operational efficiency programs and services 7a7 ,definition of operational efficiency programs and services ,in this section1 the term operational efficiency programs and services means programs and services that use information and communications technologies 7including computer hardware1 energy efficiency software1 and power management tools7 to operate buildings and equipment in the optimum manner at the optimum times4 7b7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall conduct a study and issue a report that quantifies the potential energy savings of operational efficiency programs and services for commercial1 institutional1 industrial1 and governmental entities1 including ,federal agencies4 7c7 ,measurement and verification of energy savings ,the report required under this section shall include potential methodologies or protocols for utilities1 utility regulators1 and ,federal agencies to evaluate1 measure1 and verify energy savings from operational efficiency programs and services4 ,b ,appliances #aaja4 ,extended product system rebate program 7a7 ,definitions ,in this section3 7#a7 ,electric motor ,the term electric motor has the meaning given the term in section #dca4ab of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,electronic control ,the term electronic control means-- 7,a7 a power converter2 or 7,b7 a combination of a power circuit and control circuit included on #a chassis4 7#c7 ,extended product system ,the term extended product system means an electric motor and any required associated electronic control and driven load that-- 7,a7 offers variable speed or multispeed operation2 7,b7 offers partial load control that reduces input energy requirements 7as measured in kilowatt-hours7 as compared to identified base levels set by the ,secretary2 and 7,c7 7i7 has greater than #a horsepower2 and 7ii7 uses an extended product system technology1 as determined by the ,secretary4 7#d7 ,qualified extended product system 7,a7 ,in general ,the term qualified extended product system means an extended product system that-- 7i7 includes an electric motor and an electronic control2 and 7ii7 reduces the input energy 7as measured in kilowatt-hours7 required to operate the extended product system by not less than #e percent1 as compared to identified base levels set by the ,secretary4 7,b7 ,inclusions ,the term qualified extended product system includes commercial or industrial machinery or equipment that-- 7i7 7,i7 did not previously make use of the extended product system prior to the redesign described in subclause 7,,ii72 and 7,,ii7 incorporates an extended product system that has greater than #a horsepower into redesigned machinery or equipment2 and 7ii7 was previously used prior to1 and was placed back into service during1 calendar year #bjaf or #bjag4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide rebates for expenditures made by qualified entities for the purchase or installation of a qualified extended product system4 7c7 ,qualified entities 7#a7 ,eligibility requirements ,a qualified entity under this section shall be-- 7,a7 in the case of a qualified extended product system described in subsection 7a77#d77;,a71 the purchaser of the qualified extended product that is installed2 and 7,b7 in the case of a qualified extended product system described in subsection 7a77#d77;,b71 the manufacturer of the commercial or industrial machinery or equipment that incorporated the extended product system into that machinery or equipment4 7#b7 ,application ,to be eligible to receive a rebate under this section1 a qualified entity shall submit to the ,secretary-- 7,a7 an application in such form1 at such time1 and containing such information as the ,secretary may require2 and 7,b7 a certification that includes demonstrated evidence-- 7i7 that the entity is a qualified entity2 and 7ii7 7,i7 in the case of a qualified entity described in paragraph 7#a77;,a7-- 7aa7 that the qualified entity installed the qualified extended product system during the #b fiscal years following the date of enactment of this ,act2 7bb7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,a72 and 7cc7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity on which the qualified extended product system was installed2 or 7,,ii7 in the case of a qualified entity described in paragraph 7#a77;,b71 demonstrated evidence-- 7aa7 that the qualified extended product system meets the requirements of subsection 7a77#d77;,b72 and 7bb7 showing the serial number1 manufacturer1 and model number from the nameplate of the installed motor of the qualified entity with which the extended product system is integrated4 7d7 ,authorized amount of rebate 7#a7 ,in general ,the ,secretary may provide to a qualified entity a rebate in an amount equal to the product obtained by multiplying-- 7,a7 an amount equal to the sum of the nameplate rated horsepower of-- 7i7 the electric motor to which the qualified extended product system is attached2 and 7ii7 the electronic control2 and 7,b7 #be4 7#b7 ,maximum aggregate amount ,a qualified entity shall not be entitled to aggregate rebates under this section in excess of #be1jjj per calendar year4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of the first #b full fiscal years following the date of enactment of this ,act1 to remain available until expended4 #aajb4 ,energy efficient transformer rebate program 7a7 ,definitions ,in this section3 7#a7 ,qualified energy efficient transformer ,the term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#b7 ,qualified energy inefficient transformer ,the term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection 7b77#b7 and paragraphs 7#a7 and 7#b7 of subsection 7c7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act7 that-- 7,a7 does not meet or exceed the applicable energy conservation standards described in paragraph 7#a72 and 7,b7 7i7 was manufactured between ,january #a1 #aihe1 and ,december #ca1 #bjjf1 for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection 7b77#b7 of section #dca4aif of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 or 7ii7 was manufactured between ,january #a1 #aiij1 and ,december #ca1 #bjji1 for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph 7#a7 or 7#b7 of subsection 7c7 of that section 7as in effect on the date of enactment of this ,act74 7#c7 ,qualified entity ,the term qualified entity means an owner of industrial or manufacturing facilities1 commercial buildings1 or multifamily residential buildings1 a utility1 or an energy service company that fulfills the requirements of subsection 7d74 7b7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer4 7c7 ,requirements ,to be eligible to receive a rebate under this section1 an entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require1 including demonstrated evidence-- 7#a7 that the entity purchased a qualified energy efficient transformer2 7#b7 of the core loss value of the qualified energy efficient transformer2 7#c7 of the age of the qualified energy inefficient transformer being replaced2 7#d7 of the core loss value of the qualified energy inefficient transformer being replaced-- 7,a7 as measured by a qualified professional or verified by the equipment manufacturer1 as applicable2 or 7,b7 for transformers described in subsection 7a77#b77;,b77i71 as selected from a table of default values as determined by the ,secretary in consultation with applicable industry2 and 7#e7 that the qualified energy inefficient transformer has been permanently decommissioned and scrapped4 7d7 ,authorized amount of rebate ,the amount of a rebate provided under this section shall be-- 7#a7 for a #c-phase or single-phase transformer with a capacity of not less than #aj and not greater than #b1ejj kilovolt-amperes1 twice the amount equal to the difference in ,watts between the core loss value 7as measured in accordance with paragraphs 7#b7 and 7#d7 of subsection 7c77 of-- 7,a7 the qualified energy inefficient transformer2 and 7,b7 the qualified energy efficient transformer2 or 7#b7 for a transformer described in subsection 7a77#b77;,b77i71 the amount determined using a table of default rebate values by rated transformer output1 as measured in kilovolt-amperes1 as determined by the ,secretary in consultation with applicable industry4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjaf and #bjag1 to remain available until expended4 7f7 ,termination of effectiveness ,the authority provided by this section terminates on ,december #ca1 #bjag4 #aajc4 ,standards for certain furnaces ,section #cbe7;f77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;f77#d77 is amended by adding at the end the following3 7,e7 ,restriction on final rule for residential non-weatherized gas furnaces and mobile home furnaces 7i7 ,in general ,notwithstanding any other provision of this ,act1 the ,secretary shall not prescribe a final rule amending the efficiency standards for residential non-weatherized gas furnaces or mobile home furnaces until each of the following has occurred3 7,i7 ,the ,secretary convenes a representative advisory group of interested stakeholders1 including the manufacturers1 distributors1 and contractors of residential non-weatherized gas furnaces and mobile home furnaces1 home builders1 building owners1 energy efficiency advocates1 natural gas utilities1 electric utilities1 and consumer groups4 7,,ii7 ,not later than #a year after the date of enactment of this subparagraph1 the advisory group described in subclause 7,i7 completes an analysis of a nationwide requirement of a condensing furnace efficiency standard including-- 7aa7 a complete analysis of current market trends regarding the transition of sales from non-condensing furnaces to condensing furnaces2 7bb7 the projected net loss in the industry of the present value of original equipment manufactured after adoption of the standard2 7cc7 the projected consumer payback period and life cycle cost savings after adoption of the standard2 7dd7 a determination of whether the standard is economically justified1 based solely on the definition of energy under section #cba2 and 7ee7 other common economic principles4 7,,iii7 ,the advisory group described in subclause 7,i7 reviews the analysis and determines whether a nationwide requirement of a condensing furnace efficiency standard is technically feasible and economically justified4 7,,iv7 ,the final determination of the advisory group under subclause 7,,iii7 is published in the ,federal ,register4 7ii7 ,amended standards ,if the advisory group determines under clause 7i77,,iii7 that a nationwide requirement of a condensing furnace efficiency standard is not technically feasible and economically justified1 the ,secretary shall1 not later than #ahj days after the date on which the final determination of the advisory group is published in the ,federal ,register under clause 7i77,,iv71 establish amended standards through the negotiated rulemaking procedure provided for under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij74 4 #aajd4 ,third-party certification under ,energy ,star program ,section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a7 is amended by adding at the end the following3 7e7 ,third-,party ,certification 7#a7 ,in general ,subject to paragraph 7#b71 not later than #ahj days after the date of enactment of this subsection1 the ,administrator shall revise the certification requirements for the labeling of consumer1 home1 and office electronic products for program partners that have complied with all requirements of the ,energy ,star program for a period of at least #ah months4 7#b7 ,administration ,in the case of a program partner described in paragraph 7#a71 the new requirements under paragraph 7#a7-- 7,a7 shall not require third-party certification for a product to be listed2 but 7,b7 may require that test data and other product information be submitted to facilitate product listing and performance verification for a sample of products4 7#c7 ,third parties ,nothing in this subsection prevents the ,administrator from using third parties in the course of the administration of the ,energy ,star program4 7#d7 ,termination 7,a7 ,in general ,subject to subparagraph 7,b71 an exemption from third-party certification provided to a program partner under paragraph 7#a7 shall terminate if the program partner is found to have violated program requirements with respect to at least #b separate models during a #b-year period4 7,b7 ,resumption ,a termination for a program partner under subparagraph 7,a7 shall cease if the program partner complies with all ,energy ,star program requirements for a period of at least #c years4 4 #aaje4 ,energy conservation standards for commercial refrigeration equipment 7a7 ,deadline ,the requirements of the final rule entitled ,energy ,conservation ,program3 ,energy ,conservation ,standards for ,commercial ,refrigeration ,equipment 7#gi ,fed4 ,reg4 #aggbe 7,march #bh1 #bjad771 shall take effect on ,january #a1 #bjbj1 for equipment covered by the final rule that-- 7#a7 uses natural refrigerants with a global warming potential of #aj or less that are approved for use by the ,environmental ,protection ,agency under the ,significant ,new ,alternatives ,program2 7#b7 is within #a of the following product categories3 7,a7 ,,vct4,,sc4,m vertical cooler with transparent door self contained medium temperature2 or 7,b7 ,,hct4,,sc4,m horizontal cooler with transparent door self contained medium temperature2 and 7#c7 uses not more than #aae percent of the energy use allowed by applicable standards under ,energy ,star #c4j4 7b7 ,future rulemakings ,nothing in this section changes the criteria to be considered during future rulemakings undertaken by the ,department under title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia et seq474 7c7 ,review ,notwithstanding subsection 7a71 the next review required under section #cdb7;c77#f77;,b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcac7;c77#f77;,b77 shall be conducted based on an effective date of ,march #bg1 #bjag4 #aajf4 ,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 periodic testing to verify 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 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 #aiij7 to develop criteria that have consensus support for achieving recognition by the ,secretary as an approved voluntary verification program4 7ii7 ,minimum requirements ,the criteria developed under clause 7i7 shall1 at a minimum1 ensure that the 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 ,,doe 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 to the extent provided under section #eeb7;b77#d7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 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 ,finding required for cessation of recognition ,the ,secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph 7,a7 on a finding that the program is not meeting its obligations for compliance through program review criteria established under this subparagraph4 7iv7 ,revisions 7,i7 ,in general ,major revisions to voluntary verification program criteria established under this subparagraph shall only be made pursuant to a subsequent negotiated rulemaking in accordance with subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij74 7,,ii7 ,nonmajor revisions 7aa7 ,in general ,the ,secretary may make all other nonmajor criteria revisions by initiating a direct final rule in accordance with section #eec7;b77#c77;,b7 of title #e1 ,united ,states ,code1 on a determination published in the ,federal ,register that revisions to the criteria are necessary and that substantive opposition to the proposed revisions is not expected4 7bb7 ,conditions for effectiveness ,if the ,secretary does not receive adversarial comments with respect to the determination published under item 7aa7 during the #cj-;day-period following publication of that determination in the ,federal ,register1 the direct final rule shall have the force and effect of law4 7cc7 ,withdrawal of final rule ,receipt of any adversarial comment with respect to the determination published under item 7aa7 shall require the ,secretary to withdraw the direct final rule and publish-- 7,,aa7 a notice of proposed rulemaking pursuant to section #eec of title #e1 ,united ,states ,code2 or 7,,bb7 a notice of proposed rulemaking pursuant to section #eec of title #e1 ,united ,states ,code1 that includes a determination that revisions to the criteria are necessary4 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 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 are1 and are not covered products and equipment verified through a voluntary verification program described in subparagraph 7,a72 7iii7 ,periodic verification testing 7,i7 ,in general ,the ,secretary-- 7aa7 shall not subject products or equipment that have been verification tested under a voluntary verification program described in subparagraph 7,a7 to periodic verification testing that verifies the accuracy of the certified performance rating of the products or equipment2 but 7bb7 may test products or equipment described in subclause 7,i7 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 title4 7,,ii7 ,additional testing ,the ,secretary may subject products or equipment described in subclause 7,i7 to periodic verification testing outside the restrictions of subclause 7,i77bb71 if agreed to during the rulemaking described in subparagraph 7,b7 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 ,c ,manufacturing #abja4 ,manufacturing energy efficiency 7a7 ,purposes ,the purposes of this section are-- 7#a7 to reform and reorient the industrial efficiency programs of the ,department2 7#b7 to establish a clear and consistent authority for industrial efficiency programs of the ,department2 7#c7 to accelerate the deployment of technologies and practices that will increase industrial energy efficiency and improve productivity2 7#d7 to accelerate the development and demonstration of technologies that will assist the deployment goals of the industrial efficiency programs of the ,department and increase manufacturing efficiency2 7#e7 to stimulate domestic economic growth and improve industrial productivity and competitiveness2 and 7#f7 to strengthen partnerships between ,federal and ,state governmental agencies and the private and academic sectors4 7b7 ,future of ,industry program 7#a7 ,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 7#b7 ,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#b7 the following3 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 7#c7 ,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 subparagraph 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 ,program 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 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 management2 7,e7 identify opportunities for reducing greenhouse gas emissions2 and 7,f7 promote sustainable manufacturing practices for small- and medium-sized manufacturers4 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 ,workforce training 7,a7 ,in general ,the ,secretary shall pay the ,federal share of associated internship programs under which students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers4 7,b7 ,federal share ,the ,federal share of the cost of carrying out internship programs described in subparagraph 7,a7 shall be #ej percent4 7#e7 ,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 7#f7 ,advanced manufacturing steering committee ,the ,secretary shall establish an advisory steering committee to provide recommendations to the ,secretary on planning and implementation of the ,advanced ,manufacturing ,office of the ,department of ,energy4 4 7c7 ,sustainable manufacturing initiative 7#a7 ,in general ,part ,e of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda7 is amended by adding at the end the following3 #cgf4 ,sustainable manufacturing initiative 7a7 ,in general ,as part of the ,office of ,energy ,efficiency and ,renewable ,energy1 the ,secretary1 on the request of a manufacturer1 shall conduct on-site technical assessments to identify opportunities for-- 7#a7 maximizing the energy efficiency of industrial processes and cross-cutting systems2 7#b7 preventing pollution and minimizing waste2 7#c7 improving efficient use of water in manufacturing processes2 7#d7 conserving natural resources2 and 7#e7 achieving such other goals as the ,secretary determines to be appropriate4 7b7 ,coordination ,the ,secretary shall carry out the initiative in coordination with the private sector and appropriate agencies1 including the ,national ,institute of ,standards and ,technology1 to accelerate adoption of new and existing technologies and processes that improve energy efficiency4 7c7 ,research and development program for sustainable manufacturing and industrial technologies and processes ,as part of the industrial efficiency programs of the ,department of ,energy1 the ,secretary shall carry out a joint industry-government partnership program to research1 develop1 and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants1 reduce pollution1 and conserve natural resources4 4 7#b7 ,table of contents ,the table of contents of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 prec4 #fbja7 is amended by adding at the end of the items relating to part ,e of title ,,iii the following3 ,sec4 #cgf4 ,sustainable manufacturing initiative4 4 7d7 ,conforming amendments 7#a7 ,section #ajf of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehaa7 is repealed4 7#b7 ,sections #aca1 #acb1 #acc1 #bajc1 and #bajg of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #fcdh1 #fcdi1 #fcej1 #acdec1 #acdef7 are repealed4 7#c7 ,section #baja7;a7 of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acdea7;a77 is amended in the third sentence by striking sections #bajb1 #bajc1 #bajd1 #baje1 #bajf1 #bajg1 and #bajh and inserting sections #bajb1 #bajd1 #baje1 #bajf1 and #bajh of this ,act and section #cgf of the ,energy ,policy and ,conservation ,act14 #abjb4 ,leveraging existing ,federal agency programs to assist small and medium manufacturers 7a7 ,definitions ,in this section and section #abjc3 7#a7 ,energy management system ,the term 8energy management system0 means a business management process based on standards of the ,american ,national ,standards ,institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance1 including energy efficiency1 security1 use1 and consumption4 7#b7 ,industrial assessment center ,the term 8industrial assessment center0 means a center located at an institution of higher education that-- 7,a7 receives funding from the ,department2 7,b7 provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant site2 and 7,c7 identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements1 waste minimization1 pollution prevention1 and productivity improvement4 7#c7 ,national laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#d7 ,small and medium manufacturers ,the term 8small and medium manufacturers0 means manufacturing firms-- 7,a7 classified in the ,north ,american ,industry ,classification ,system as any of sectors #ca through #cc2 7,b7 with gross annual sales of less than #ajj1jjj1jjj2 7,c7 with fewer than #ejj employees at the plant site2 and 7,d7 with annual energy bills totaling more than #ajj1jjj and less than #b1ejj1jjj4 7#e7 ,smart manufacturing ,the term smart manufacturing means a set of advanced sensing1 instrumentation1 monitoring1 controls1 and process optimization technologies and practices that merge information and communication technologies with the manufacturing environment for the real-time management of energy1 productivity1 and costs across factories and companies4 7b7 ,expansion of ,technical ,assistance ,programs ,the ,secretary shall expand the scope of technologies covered by the ,industrial ,assessment ,centers of the ,department-- 7#a7 to include smart manufacturing technologies and practices2 and 7#b7 to equip the directors of the ,industrial ,assessment ,centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices1 including energy management systems1 to manufacturers4 7c7 ,funding ,the ,secretary shall use unobligated funds of the ,department to carry out this section4 #abjc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall conduct a study on ways in which the ,department can increase access to existing high-performance computing resources in the ,national ,laboratories1 particularly for small and medium manufacturers4 7#b7 ,inclusions ,in identifying ways to increase access to ,national ,laboratories under paragraph 7#a71 the ,secretary shall-- 7,a7 focus on increasing access to the computing facilities of the ,national ,laboratories2 and 7,b7 ensure that-- 7i7 the information from the manufacturer is protected2 and 7ii7 the security of the ,national ,laboratory facility is maintained4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study4 7b7 ,actions for ,increased ,access ,the ,secretary shall facilitate access to the ,national ,laboratories studied under subsection 7a7 for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the ,national ,laboratories to enhance the manufacturing competitiveness of the ,united ,states4 ,d ,vehicles #acja4 ,short title ,this subtitle may be cited as the ,vehicle ,innovation ,act of #bjae4 #acjb4 ,objectives ,the objectives of this subtitle are-- 7#a7 to establish a consistent and consolidated authority for the vehicle technology program at the ,department2 7#b7 to develop ,united ,states technologies and practices that-- 7,a7 improve the fuel efficiency and emissions of all vehicles produced in the ,united ,states2 and 7,b7 reduce vehicle reliance on petroleum-based fuels2 7#c7 to support domestic research1 development1 engineering1 demonstration1 and commercial application and manufacturing of advanced vehicles1 engines1 and components2 7#d7 to enable vehicles to move larger volumes of goods and more passengers with less energy and emissions2 7#e7 to develop cost-effective advanced technologies for wide-scale utilization throughout the passenger1 commercial1 government1 and transit vehicle sectors2 7#f7 to allow for greater consumer choice of vehicle technologies and fuels2 7#g7 shorten technology development and integration cycles in the vehicle industry2 7#h7 to ensure a proper balance and diversity of ,federal investment in vehicle technologies2 and 7#i7 to strengthen partnerships between ,federal and ,state governmental agencies and the private and academic sectors4 #acjc4 ,coordination and nonduplication ,the ,secretary shall ensure1 to the maximum extent practicable1 that the activities authorized by this subtitle do not duplicate those of other programs within the ,department or other relevant research agencies4 #acjd4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for research1 development1 engineering1 demonstration1 and commercial application of vehicles and related technologies in the ,united ,states1 including activities authorized under this subtitle-- 7#a7 for fiscal year #bjaf1 #cac1efg1jjj2 7#b7 for fiscal year #bjag1 #cbf1aji1jjj2 7#c7 for fiscal year #bjah1 #cci1aed1jjj2 7#d7 for fiscal year #bjai1 #ceb1gbj1jjj2 and 7#e7 for fiscal year #bjbj1 #cff1hbi1jjj4 #acje4 ,reporting 7a7 ,technologies developed ,not later than #ah months after the date of enactment of this ,act and annually thereafter through #bjbj1 the ,secretary shall submit to ,congress a report regarding the technologies developed as a result of the activities authorized by this subtitle1 with a particular emphasis on whether the technologies were successfully adopted for commercial applications1 and if so1 whether products relying on those technologies are manufactured in the ,united ,states4 7b7 ,additional matters ,at the end of each fiscal year through #bjbj1 the ,secretary shall submit to the relevant ,congressional committees of jurisdiction an annual report describing activities undertaken in the previous year under this ,act1 active industry participants1 the status of public private partnerships1 progress of the program in meeting goals and timelines1 and a strategic plan for funding of activities across agencies4 ,i ,vehicle ,research and ,development #acjf4 ,program 7a7 ,activities ,the ,secretary shall conduct a program of basic and applied research1 development1 engineering1 demonstration1 and commercial application activities on materials1 technologies1 and processes with the potential to substantially reduce or eliminate petroleum use and the emissions of the ,nation's passenger and commercial vehicles1 including activities in the areas of-- 7#a7 electrification of vehicle systems2 7#b7 batteries1 ultracapacitors1 and other energy storage devices2 7#c7 power electronics2 7#d7 vehicle1 component1 and subsystem manufacturing technologies and processes2 7#e7 engine efficiency and combustion optimization2 7#f7 waste heat recovery2 7#g7 transmission and drivetrains2 7#h7 hydrogen vehicle technologies1 including fuel cells and internal combustion engines1 and hydrogen infrastructure1 including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power2 7#i7 natural gas vehicle technologies2 7#aj7 aerodynamics1 rolling resistance 7including tires and wheel assemblies71 and accessory power loads of vehicles and associated equipment2 7#aa7 vehicle weight reduction1 including lightweighting materials and the development of manufacturing processes to fabricate1 assemble1 and use dissimilar materials2 7#ab7 friction and wear reduction2 7#ac7 engine and component durability2 7#ad7 innovative propulsion systems2 7#ae7 advanced boosting systems2 7#af7 hydraulic hybrid technologies2 7#ag7 engine compatibility with and optimization for a variety of transportation fuels including natural gas and other liquid and gaseous fuels2 7#ah7 predictive engineering1 modeling1 and simulation of vehicle and transportation systems2 7#ai7 refueling and charging infrastructure for alternative fueled and electric or plug-in electric hybrid vehicles1 including the unique challenges facing rural areas2 7#bj7 gaseous fuels storage systems and system integration and optimization2 7#ba7 sensing1 communications1 and actuation technologies for vehicle1 electrical grid1 and infrastructure2 7#bb7 efficient use1 substitution1 and recycling of potentially critical materials in vehicles1 including rare earth elements and precious metals1 at risk of supply disruption2 7#bc7 aftertreatment technologies2 7#bd7 thermal management of battery systems2 7#be7 retrofitting advanced vehicle technologies to existing vehicles2 7#bf7 development of common standards1 specifications1 and architectures for both transportation and stationary battery applications2 7#bg7 advanced internal combustion engines2 7#bh7 mild hybrid2 7#bi7 engine down speeding2 7#cj7 vehicle-to-vehicle1 vehicle-to-pedestrian1 and vehicle-to-infrastructure technologies2 and 7#ca7 other research areas as determined by the ,secretary4 7b7 ,transformational technology ,the ,secretary shall ensure that the ,department continues to support research1 development1 engineering1 demonstration1 and commercial application activities and maintains competency in mid- to long-term transformational vehicle technologies with potential to achieve reductions in emissions1 including activities in the areas of-- 7#a7 hydrogen vehicle technologies1 including fuel cells1 hydrogen storage1 infrastructure1 and activities in hydrogen technology validation and safety codes and standards2 7#b7 multiple battery chemistries and novel energy storage devices1 including nonchemical batteries and electromechanical storage technologies such as hydraulics1 flywheels1 and compressed air storage2 7#c7 communication and connectivity among vehicles1 infrastructure1 and the electrical grid2 and 7#d7 other innovative technologies research and development1 as determined by the ,secretary4 7c7 ,industry participation ,to the maximum extent practicable1 activities under this ,act shall be carried out in partnership or collaboration with automotive manufacturers1 heavy commercial1 vocational1 and transit vehicle manufacturers1 qualified plug-in electric vehicle manufacturers1 compressed natural gas vehicle manufacturers1 vehicle and engine equipment and component manufacturers1 manufacturing equipment manufacturers1 advanced vehicle service providers1 fuel producers and energy suppliers1 electric utilities1 universities1 national laboratories1 and independent research laboratories4 ,in carrying out this ,act the ,secretary shall-- 7#a7 determine whether a wide range of companies that manufacture or assemble vehicles or components in the ,united ,states are represented in ongoing public private partnership activities1 including firms that have not traditionally participated in federally sponsored research and development activities1 and where possible1 partner with such firms that conduct significant and relevant research and development activities in the ,united ,states2 7#b7 leverage the capabilities and resources of1 and formalize partnerships with1 industry-led stakeholder organizations1 nonprofit organizations1 industry consortia1 and trade associations with expertise in the research and development of1 and education and outreach activities in1 advanced automotive and commercial vehicle technologies2 7#c7 develop more effective processes for transferring research findings and technologies to industry2 7#d7 support public-private partnerships1 dedicated to overcoming barriers in commercial application of transformational vehicle technologies1 that utilize such industry-led technology development facilities of entities with demonstrated expertise in successfully designing and engineering pre-commercial generations of such transformational technology2 and 7#e7 promote efforts to ensure that technology research1 development1 engineering1 and commercial application activities funded under this ,act are carried out in the ,united ,states4 7d7 ,interagency and intraagency coordination ,to the maximum extent practicable1 the ,secretary shall coordinate research1 development1 demonstration1 and commercial application activities among-- 7#a7 relevant programs within the ,department1 including-- 7,a7 the ,office of ,energy ,efficiency and ,renewable ,energy2 7,b7 the ,office of ,science2 7,c7 the ,office of ,electricity ,delivery and ,energy ,reliability2 7,d7 the ,office of ,fossil ,energy2 7,e7 the ,advanced ,research ,projects ,agency--,energy2 and 7,f7 other offices as determined by the ,secretary2 and 7#b7 relevant technology research and development programs within other ,federal agencies1 as determined by the ,secretary4 7e7 ,federal demonstration of technologies ,the ,secretary shall make information available to procurement programs of ,federal agencies regarding the potential to demonstrate technologies resulting from activities funded through programs under this ,act4 7f7 ,intergovernmental coordination ,the ,secretary shall seek opportunities to leverage resources and support initiatives of ,state and local governments in developing and promoting advanced vehicle technologies1 manufacturing1 and infrastructure4 7g7 ,criteria ,when awarding grants under this program1 the ,secretary shall give priority to those technologies 7either individually or as part of a system7 that-- 7#a7 provide the greatest aggregate fuel savings based on the reasonable projected sales volumes of the technology2 and 7#b7 provide the greatest increase in ,united ,states employment4 #acjg4 ,manufacturing ,the ,secretary shall carry out a research1 development1 engineering1 demonstration1 and commercial application program of advanced vehicle manufacturing technologies and practices1 including innovative processes-- 7#a7 to increase the production rate and decrease the cost of advanced battery and fuel cell manufacturing2 7#b7 to vary the capability of individual manufacturing facilities to accommodate different battery chemistries and configurations2 7#c7 to reduce waste streams1 emissions1 and energy intensity of vehicle1 engine1 advanced battery and component manufacturing processes2 7#d7 to recycle and remanufacture used batteries and other vehicle components for reuse in vehicles or stationary applications2 7#e7 to develop manufacturing processes to effectively fabricate1 assemble1 and produce cost-effective lightweight materials such as advanced aluminum and other metal alloys1 polymeric composites1 and carbon fiber for use in vehicles2 7#f7 to produce lightweight high pressure storage systems for gaseous fuels2 7#g7 to design and manufacture purpose-built hydrogen fuel cell vehicles and components2 7#h7 to improve the calendar life and cycle life of advanced batteries2 and 7#i7 to produce permanent magnets for advanced vehicles4 ,,ii ,medium- and ,heavy-,duty ,commercial and ,transit ,vehicles #acjh4 ,program ,the ,secretary1 in partnership with relevant research and development programs in other ,federal agencies1 and a range of appropriate industry stakeholders1 shall carry out a program of cooperative research1 development1 demonstration1 and commercial application activities on advanced technologies for medium- to heavy-duty commercial1 vocational1 recreational1 and transit vehicles1 including activities in the areas of-- 7#a7 engine efficiency and combustion research2 7#b7 onboard storage technologies for compressed and liquefied natural gas2 7#c7 development and integration of engine technologies designed for natural gas operation of a variety of vehicle platforms2 7#d7 waste heat recovery and conversion2 7#e7 improved aerodynamics and tire rolling resistance2 7#f7 energy and space-efficient emissions control systems2 7#g7 mild hybrid1 heavy hybrid1 hybrid hydraulic1 plug-in hybrid1 and electric platforms1 and energy storage technologies2 7#h7 drivetrain optimization2 7#i7 friction and wear reduction2 7#aj7 engine idle and parasitic energy loss reduction2 7#aa7 electrification of accessory loads2 7#ab7 onboard sensing and communications technologies2 7#ac7 advanced lightweighting materials and vehicle designs2 7#ad7 increasing load capacity per vehicle2 7#ae7 thermal management of battery systems2 7#af7 recharging infrastructure2 7#ag7 compressed natural gas infrastructure2 7#ah7 advanced internal combustion engines2 7#ai7 complete vehicle and power pack modeling1 simulation1 and testing2 7#bj7 hydrogen vehicle technologies1 including fuel cells and internal combustion engines1 and hydrogen infrastructure1 including hydrogen energy storage to enable renewables and provide hydrogen for fuel and power2 7#ba7 retrofitting advanced technologies onto existing truck fleets2 7#bb7 advanced boosting systems2 7#bc7 engine down speeding2 and 7#bd7 integration of these and other advanced systems onto a single truck and trailer platform4 #acji4 ,class #h truck and trailer systems demonstration 7a7 ,in general ,the ,secretary shall conduct a competitive grant program to demonstrate the integration of multiple advanced technologies on ,class #h truck and trailer platforms1 including a combination of technologies listed in section #acjh4 7b7 ,applicant teams ,applicant teams may be comprised of truck and trailer manufacturers1 engine and component manufacturers1 fleet customers1 university researchers1 and other applicants as appropriate for the development and demonstration of integrated ,class #h truck and trailer systems4 #acaj4 ,technology testing and metrics ,the ,secretary1 in coordination with the partners of the interagency research program described in section #acjh-- 7#a7 shall develop standard testing procedures and technologies for evaluating the performance of advanced heavy vehicle technologies under a range of representative duty cycles and operating conditions1 including for heavy hybrid propulsion systems2 7#b7 shall evaluate heavy vehicle performance using work performance-based metrics other than those based on miles per gallon1 including those based on units of volume and weight transported for freight applications1 and appropriate metrics based on the work performed by nonroad systems2 and 7#c7 may construct heavy duty truck and bus testing facilities4 #acaa4 ,nonroad systems pilot program ,the ,secretary shall undertake a pilot program of research1 development1 demonstration1 and commercial applications of technologies to improve total machine or system efficiency for nonroad mobile equipment including agricultural1 construction1 air1 and sea port equipment1 and shall seek opportunities to transfer relevant research findings and technologies between the nonroad and on-highway equipment and vehicle sectors4 ,,iii ,administration #acab4 ,repeal of existing authorities 7a7 ,in general ,sections #gjf1 #gaa1 #gab1 and #icc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjea1 #afjfa1 #afjfb1 #afbcc7 are repealed4 7b7 ,energy efficiency ,section #iaa of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a71 by striking vehicles1 buildings1 and inserting buildings2 and 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a72 and 7ii7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,a7 through 7,d71 respectively2 and 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7,c7 in paragraph 7#c7 7as so redesignated71 by striking 7a77#b77;,d7 and inserting 7a77#b77;,c74 ,,ii ,infrastructure ,a ,cybersecurity #bjja4 ,cybersecurity threats ,part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 is amended by adding at the end the following3 #bbd4 ,cybersecurity threats 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae4 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 those matters4 7#c7 ,critical electric infrastructure information 7,a7 ,in general ,the term critical electric infrastructure information means information related to critical electric infrastructure1 or proposed critical electric 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 7,b7 ,inclusions ,the term critical electric infrastructure information includes information that qualifies as critical energy infrastructure information under regulations promulgated by the ,commission4 7#d7 ,cybersecurity threat ,the term cybersecurity threat means the imminent danger of an act that severely disrupts1 attempts to severely disrupt1 or poses a significant risk of severely disrupting the operation of programmable electronic devices or communications networks 7including hardware1 software1 and data7 essential to the reliable operation of the bulk-power system4 7#e7 ,electric ,reliability ,organization ,the term ,electric ,reliability ,organization has the meaning given the term in section #bae4 7#f7 ,regional entity ,the term regional entity has the meaning given the term in section #bae4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,emergency authority of ,secretary 7#a7 ,in general ,if the ,president notifies the ,secretary that the ,president has made a determination that immediate action is necessary to protect the bulk-power system from a cybersecurity threat1 the ,secretary may require1 by order and with or without notice1 any entity that is registered with the ,electric ,reliability ,organization as an owner1 operator1 or user of the bulk-power system to take such actions as the ,secretary determines will best avert or mitigate the cybersecurity threat4 7#b7 ,written explanation ,as soon as practicable after notifying the ,secretary under paragraph 7#a71 the ,president shall-- 7,a7 provide to the ,secretary1 in writing1 a record of the determination and an explanation of the reasons for the determination2 and 7,b7 promptly notify1 in writing1 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 the directive or determination4 7#c7 ,coordination with ,canada and ,mexico ,in exercising the authority pursuant to this subsection1 the ,secretary is encouraged to consult and coordinate with the appropriate officials in ,canada and ,mexico responsible for the protection of cybersecurity of the interconnected ,north ,american electricity grid4 7#d7 ,consultation ,before exercising authority pursuant to this subsection1 to the maximum extent practicable1 taking into consideration the nature of an identified cybersecurity threat and the urgency of need for action1 the ,secretary shall consult regarding implementation of actions that will effectively address the cybersecurity threat with-- 7,a7 any entities potentially subject to the cybersecurity threat that own1 control1 or operate bulk-power system facilities2 7,b7 the ,electric ,reliability ,organization2 7,c7 the ,electricity ,sub-sector ,coordinating ,council 7as established by the ,electric ,reliability ,organization72 and 7,d7 officials of other ,federal departments and agencies1 as appropriate4 7#e7 ,cost recovery 7,a7 ,in general ,the ,commission shall adopt regulations that permit entities subject to an order under paragraph 7#a7 to seek recovery of prudently incurred costs required to implement actions ordered by the ,secretary under this subsection4 7,b7 ,requirements ,any rate or charge approved under regulations adopted pursuant to this paragraph-- 7i7 shall be just and reasonable2 and 7ii7 shall not be unduly discriminatory or preferential4 7c7 ,duration of emergency orders ,an order issued by the ,secretary pursuant to subsection 7b7 shall remain in effect for not longer than the #cj-;day period beginning on the effective date of the order1 unless1 during that #cj day-period1 the ,secretary-- 7#a7 provides to interested persons an opportunity to submit written data1 recommendations1 and arguments2 and 7#b7 affirms1 amends1 or repeals the order1 subject to the condition that an amended order shall not exceed a total duration of #ij days4 7d7 ,protection and sharing of critical electric infrastructure 7#a7 ,protection of critical electric infrastructure ,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 ,state1 political subdivision1 or tribal authority pursuant to any ,state1 political subdivision1 or tribal law requiring disclosure of information or records4 7#b7 ,designation and sharing of critical electric infrastructure information ,not later than #a 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-- 7,a7 to designate critical electric infrastructure information2 7,b7 to prohibit the unauthorized disclosure of critical electric infrastructure information2 and 7,c7 to 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 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-- 7,a7 reviewing the prudence and cost of investments2 7,b7 determining the rates and terms of conditions for electric services2 and 7,c7 ensuring the safety and reliability of the bulk-power system and distribution facilities within the respective jurisdictions of the ,state commissions4 7#d7 ,no required sharing of information ,nothing in this section requires a person or entity in possession of critical electric infrastructure information to share the information with ,federal1 ,state1 political subdivision1 or tribal authorities1 or any other person or entity4 7#e7 ,disclosure of noncritical electric infrastructure information ,in carrying out 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 4 #bjjb4 ,enhanced grid security 7a7 ,definitions ,in this section3 7#a7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#b7 ,,es-,,isac ,the term ,,es-,,isac means the ,electricity ,sector ,information ,sharing and ,analysis ,center4 7#c7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#d7 ,sector-,specific ,agency ,the term ,sector-,specific ,agency has the meaning given the term in the ,presidential policy directive entitled ,critical ,infrastructure ,security and ,resilience1 numbered #ba1 and dated ,february #ab1 #bjac4 7b7 ,sector-,specific ,agency for cybersecurity for the energy sector 7#a7 ,in general ,the ,department shall be the lead ,sector-,specific ,agency for cybersecurity for the energy sector4 7#b7 ,duties ,as the designated ,sector-,specific ,agency for cybersecurity1 the duties of the ,department shall include-- 7,a7 coordinating with the ,department of ,homeland ,security and other relevant ,federal departments and agencies2 7,b7 collaborating with-- 7i7 critical infrastructure owners and operators2 and 7ii7 as appropriate-- 7,i7 independent regulatory agencies2 and 7,,ii7 ,state1 local1 tribal and territorial entities2 7,c7 serving as a day-to-day ,federal interface for the dynamic prioritization and coordination of sector-specific activities2 7,d7 carrying out incident management responsibilities consistent with applicable law 7including regulations7 and other appropriate policies or directives2 7,e7 providing1 supporting1 or facilitating technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents1 as appropriate2 and 7,f7 supporting the reporting requirements of the ,department of ,homeland ,security under applicable law by providing1 on an annual basis1 sector-specific critical infrastructure information4 7c7 ,cybersecurity for the energy sector research1 development1 and demonstration program 7#a7 ,in general ,the ,secretary1 in consultation with appropriate ,federal agencies1 the energy sector1 the ,states1 and other stakeholders1 shall carry out a program-- 7,a7 to develop advanced cybersecurity applications and technologies for the energy sector-- 7i7 to identify and mitigate vulnerabilities1 including-- 7,i7 dependencies on other critical infrastructure2 and 7,,ii7 impacts from weather and fuel supply2 and 7ii7 to advance the security of field devices and third-party control systems1 including-- 7,i7 systems for generation1 transmission1 distribution1 end use1 and market functions2 7,,ii7 specific electric grid elements including advanced metering1 demand response1 distributed generation1 and electricity storage2 7,,iii7 forensic analysis of infected systems2 and 7,,iv7 secure communications2 7,b7 to leverage electric grid architecture as a means to assess risks to the energy sector1 including by implementing an all-hazards approach to communications infrastructure1 control systems architecture1 and power systems architecture2 7,c7 to perform pilot demonstration projects with the energy sector to gain experience with new technologies2 and 7,d7 to develop workforce development curricula for energy sector-related cybersecurity4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #fe1jjj1jjj for each of fiscal years #bjag through #bjbe4 7d7 ,energy sector component testing for cyberresilience program 7#a7 ,in general ,the ,secretary shall carry out a program-- 7,a7 to establish a cybertesting and mitigation program to identify vulnerabilities of energy sector supply chain products to known threats2 7,b7 to oversee third-party cybertesting2 and 7,c7 to develop procurement guidelines for energy sector supply chain components4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjag through #bjbe4 7e7 ,energy sector operational support for cyberresilience program 7#a7 ,in general ,the ,secretary may carry out a program-- 7,a7 to enhance and periodically test-- 7i7 the emergency response capabilities of the ,department2 and 7ii7 the coordination of the ,department with other agencies1 the ,national ,laboratories1 and private industry2 7,b7 to expand cooperation of the ,department with the intelligence communities for energy sector-related threat collection and analysis2 7,c7 to enhance the tools of the ,department and ,,es-,,isac for monitoring the status of the energy sector2 7,d7 to expand industry participation in ,,es-,,isac2 and 7,e7 to provide technical assistance to small electric utilities for purposes of assessing cybermaturity level4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjag through #bjbe4 7f7 ,modeling and assessing energy infrastructure risk 7#a7 ,in general ,the ,secretary shall develop an advanced energy security program to secure energy networks1 including electric1 natural gas1 and oil exploration1 transmission1 and delivery4 7#b7 ,security and resiliency objective ,the objective of the program developed under paragraph 7#a7 is to increase the functional preservation of the electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards1 including electric magnetic pulse and geomagnetic disturbances4 7#c7 ,eligible activities ,in carrying out the program developed under paragraph 7#a71 the ,secretary may-- 7,a7 develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired2 7,b7 provide modeling at the national level to predict impacts from natural or human-made events2 7,c7 develop a maturity model for physical security and cybersecurity2 7,d7 conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid1 including providing mitigation recommendations2 7,e7 conduct research hardening solutions for critical components of the electric grid2 7,f7 conduct research mitigation and recovery solutions for critical components of the electric grid2 and 7,g7 provide technical assistance to ,states and other entities for standards and risk analysis4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjag through #bjbe4 7g7 ,leveraging existing programs ,the programs established under this section shall be carried out consistent with-- 7#a7 the report of the ,department entitled ,roadmap to ,achieve ,energy ,delivery ,systems ,cybersecurity and dated #bjaa2 7#b7 existing programs of the ,department2 and 7#c7 any associated strategic framework that links together academic and ,national ,laboratory researchers1 electric utilities1 manufacturers1 and any other relevant private industry organizations1 including the ,electricity ,sub-sector ,coordinating ,council4 7h7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and the ,north ,american ,electric ,reliability ,corporation1 shall conduct a study to explore alternative management structures and funding mechanisms to expand industry membership and participation in ,,es-,,isac4 7#b7 ,report ,the ,secretary shall submit to the appropriate committees of ,congress a report describing the results of the study conducted under paragraph 7#a74 ,b ,strategic ,petroleum ,reserve #baja4 ,strategic ,petroleum ,reserve test drawdown and sale notification and definition change 7a7 ,notice to ,congress ,section #afa7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbda7;g77 is amended by striking paragraph 7#h7 and inserting the following3 7#h7 ,notice to congress 7,a7 ,prior notice ,not less than #ad days before the date on which a test is carried out under this subsection1 the ,secretary shall notify both ,houses of ,congress of the test4 7,b7 ,emergency ,the prior notice requirement in subparagraph 7,a7 shall not apply if the ,secretary determines that an emergency exists which requires a test to be carried out1 in which case the ,secretary shall notify both ,houses of ,congress of the test as soon as possible4 7,c7 ,detailed description 7i7 ,in general ,not later than #ahj days after the date on which a test is completed under this subsection1 the ,secretary shall submit to both ,houses of ,congress a detailed description of the test4 7ii7 ,report ,a detailed description submitted under clause 7i7 may be included as part of a report made to the ,president and ,congress under section #afe4 4 7b7 ,definition change ,section #c7h77;,c77iii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb7h77;,c77iii77 is amended by striking sabotage or an act of ,god and inserting sabotage1 an act of terrorism1 or an act of ,god4 #bajb4 ,strategic ,petroleum ,reserve mission readiness optimization ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 complete a long-range strategic review of the ,strategic ,petroleum ,reserve2 and 7#b7 develop and submit to ,congress a proposed action plan1 including a proposed implementation schedule1 that-- 7,a7 specifies near- and long-term roles of the ,strategic ,petroleum ,reserve relative to the energy and economic security goals and objectives of the ,united ,states2 7,b7 describes whether existing legal authorities that govern the policies1 configuration1 and capabilities of the ,strategic ,petroleum ,reserve are adequate to ensure that the ,strategic ,petroleum ,reserve can meet the current and future energy and economic security goals and objectives of the ,united ,states2 7,c7 identifies the configuration and performance capabilities of the ,strategic ,petroleum ,reserve and recommends an action plan to achieve the optimal -- 7i7 capacity1 location1 and composition of petroleum products in the ,strategic ,petroleum ,reserve2 and 7ii7 storage and distributional capabilities2 and 7,d7 estimates the resources required to attain and maintain the long-term sustainability and operational effectiveness of the ,strategic ,petroleum ,reserve4 #bajc4 ,strategic ,petroleum ,reserve modernization 7a7 ,reaffirmation of policy ,congress reaffirms the continuing strategic importance and need for the ,strategic ,petroleum ,reserve as found and declared in section #aea of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbca74 7b7 ,spr petroleum account ,section #afg7;b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbdg7;b77 is amended to read as follows3 7b7 ,obligation of funds for the acquisition1 transportation1 and injection of petroleum products into ,,spr and for other purposes 7#a7 ,purposes ,amounts in the ,account may be obligated by the ,secretary of ,energy for-- 7,a7 the acquisition1 transportation1 and injection of petroleum products into the ,reserve2 7,b7 test sales of petroleum products from the ,reserve2 7,c7 the drawdown1 sale1 and delivery of petroleum products from the ,reserve2 7,d7 the construction1 maintenance1 repair1 and replacement of storage facilities and related facilities2 and 7,e7 carrying out non-,reserve projects needed to enhance the energy security of the ,united ,states by increasing the resilience1 reliability1 safety1 and security of energy supply1 transmission1 storage1 or distribution infrastructure4 7#b7 ,amounts ,amounts in the ,account may be obligated by the ,secretary of ,energy for purposes of paragraph 7#a71 in the case of any fiscal year-- 7,a7 subject to section #ffj of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbgj71 in such aggregate amounts as may be appropriated in advance in appropriations ,acts2 and 7,b7 notwithstanding section #ffj of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbgj71 in an aggregate amount equal to the aggregate amount of the receipts to the ,united ,states from the sale of petroleum products in any drawdown and a distribution of the ,reserve under section #afa1 including-- 7i7 a drawdown and distribution carried out under subsection 7g7 of that section2 or 7ii7 from the sale of petroleum products under section #afj7;f74 7#c7 ,availability of funds ,funds available to the ,secretary of ,energy for obligation under this subsection may remain available without fiscal year limitation4 4 7c7 ,definition of related facility ,section #aeb7h7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbcb7h77 is amended by inserting terminals1 after reservoirs14 ,c ,trade #bbja4 ,action on applications to export liquefied natural gas 7a7 ,decision deadline ,for proposals that must also obtain authorization from the ,federal ,energy ,regulatory ,commission or the ,maritime ,administration to site1 construct1 expand1 or operate liquefied natural gas export facilities1 the ,secretary shall issue a final decision on any application for the authorization to export natural gas under section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a77 not later than #de days after the later of-- 7#a7 the conclusion of the review to site1 construct1 expand1 or operate the liquefied natural gas export facilities required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7#b7 the date of enactment of this ,act4 7b7 ,conclusion of review ,for purposes of subsection 7a71 review required by the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 shall be considered concluded when the lead agency-- 7#a7 for a project requiring an ,environmental ,impact ,statement1 publishes a ,final ,environmental ,impact ,statement2 7#b7 for a project for which an ,environmental ,assessment has been prepared1 publishes a ,finding of ,no ,significant ,impact2 or 7#c7 determines that an application is eligible for a categorical exclusion pursuant to ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 implementing regulations4 7c7 ,judicial review 7#a7 ,in general ,except for review in the ,supreme ,court1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or the circuit in which the liquefied natural gas export facility will be located pursuant to an application described in subsection 7a7 shall have original and exclusive jurisdiction over any civil action for the review of-- 7,a7 an order issued by the ,secretary with respect to such application2 or 7,b7 the failure of the ,secretary to issue a final decision on such application4 7#b7 ,order ,if the ,court in a civil action described in paragraph 7#a7 finds that the ,secretary has failed to issue a final decision on the application as required under subsection 7a71 the ,court shall order the ,secretary to issue the final decision not later than #cj days after the order of the ,court4 7#c7 ,expedited consideration ,the ,court shall-- 7,a7 set any civil action brought under this subsection for expedited consideration2 and 7,b7 set the matter on the docket as soon as practicable after the filing date of the initial pleading4 7#d7 ,transfers ,in the case of an application described in subsection 7a7 for which a petition for review has been filed-- 7,a7 upon motion by an applicant1 the matter shall be transferred to the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit or the circuit in which a liquefied natural gas export facility will be located pursuant to an application described in section #c7;a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7a772 and 7,b7 the provisions of this section shall apply4 #bbjb4 ,public disclosure of liquefied natural gas export destinations ,section #c of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag;b7 is amended by adding at the end the following3 7g7 ,public ,disclosure of ,,lng ,export ,destinations 7#a7 ,in general ,in the case of any authorization to export liquefied natural gas1 the ,secretary of ,energy shall require the applicant to report to the ,secretary of ,energy the names of the #a or more countries of destination to which the exported liquefied natural gas is delivered4 7#b7 ,timing ,the applicant shall file the report required under paragraph 7#a7 not later than-- 7,a7 in the case of the first export1 the last day of the month following the month of the first export2 and 7,b7 in the case of subsequent exports1 the date that is #cj days after the last day of the applicable month concerning the activity of the previous month4 7#c7 ,disclosure ,the ,secretary of ,energy shall publish the information reported under this subsection on the website of the ,department of ,energy and otherwise make the information available to the public4 4 #bbjc4 ,energy data collaboration 7a7 ,in general ,the ,administrator of the ,energy ,information ,administration 7referred to in this section as the ,administrator7 shall collaborate with the appropriate officials in ,canada and ,mexico1 as determined by the ,administrator1 to improve-- 7#a7 the quality and transparency of energy data in ,north ,america through reconciliation of data on energy trade flows among the ,united ,states1 ,canada1 and ,mexico2 7#b7 the extension of energy mapping capabilities in the ,united ,states1 ,canada1 and ,mexico2 and 7#c7 the development of common energy data terminology among the ,united ,states1 ,canada1 and ,mexico4 7b7 ,periodic updates ,the ,administrator shall periodically submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives an update on-- 7#a7 the extent to which energy data is being shared under subsection 7a72 and 7#b7 whether forward-looking projections for regional energy flows are improving in accuracy as a result of the energy data sharing under that subsection4 ,d ,electricity and energy storage #bcja4 ,grid storage program 7a7 ,in general ,the ,secretary shall conduct a program of research1 development1 and demonstration of electric grid energy storage that addresses the principal challenges identified in the #bjac ,department of ,energy ,strategic ,plan for ,grid ,energy ,storage4 7b7 ,areas of focus ,the program under this section shall focus on-- 7#a7 materials and electrochemical systems research2 7#b7 power conversion technologies research2 7#c7 developing-- 7,a7 empirical and science-based industry standards to compare the storage capacity1 cycle length and capabilities1 and reliability of different types of electricity storage2 and 7,b7 validation and testing techniques2 7#d7 other fundamental and applied research critical to widespread deployment of electricity storage2 7#e7 device development that builds on results from research described in paragraphs 7#a71 7#b71 and 7#d71 including combinations of power electronics1 advanced optimizing controls1 and energy storage as a general purpose element of the electric grid2 7#f7 grid-scale testing and analysis of storage devices1 including test-beds and field trials2 7#g7 cost-benefit analyses that inform capital expenditure planning for regulators and owners and operators of components of the electric grid2 7#h7 electricity storage device safety and reliability1 including potential failure modes1 mitigation measures1 and operational guidelines2 7#i7 standards for storage device performance1 control interface1 grid interconnection1 and interoperability2 and 7#aj7 maintaining a public database of energy storage projects1 policies1 codes1 standards1 and regulations4 7c7 ,assistance to ,states ,the ,secretary may provide technical and financial assistance to ,states1 ,indian tribes1 or units of local government to participate in or use research1 development1 or deployment of technology developed under this section4 7d7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjag through #bjbf4 7e7 ,no effect on other provisions of law ,nothing in this subtitle or an amendment made by this subtitle authorizes regulatory actions that would duplicate or conflict with regulatory requirements1 mandatory standards1 or related processes under section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo74 #bcjb4 ,electric system grid architecture1 scenario development1 and modeling 7a7 ,grid architecture and scenario development 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall establish and facilitate a collaborative process to develop model grid architecture and a set of future scenarios for the electric system to examine the impacts of different combinations of resources 7including different quantities of distributed energy resources and large-scale1 central generation7 on the electric grid4 7#b7 ,market structure ,the grid architecture and scenarios developed under paragraph 7#a7 shall account for differences in market structure1 including an examination of the potential for stranded costs in each type of market structure4 7#c7 ,findings ,based on the findings of grid architecture developed under paragraph 7#a71 the ,secretary shall-- 7,a7 determine whether any additional standards are necessary to ensure the interoperability of grid systems and associated communications networks2 and 7,b7 if the ,secretary makes a determination that additional standards are necessary under subparagraph 7,a71 make recommendations for additional standards1 including1 as may be appropriate1 to the ,electric ,reliability ,organization under section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo74 7b7 ,modeling ,subject to subsection 7c71 the ,secretary shall-- 7#a7 conduct modeling based on the scenarios developed under subsection 7a72 and 7#b7 analyze and evaluate the technical and financial impacts of the models to assist ,states1 utilities1 and other stakeholders in-- 7,a7 enhancing strategic planning efforts2 7,b7 avoiding stranded costs2 and 7,c7 maximizing the cost-effectiveness of future grid-related investments4 7c7 ,input ,the ,secretary shall develop the scenarios and conduct the modeling and analysis under subsections 7a7 and 7b7 with participation or input1 as appropriate1 from-- 7#a7 the ,national ,laboratories2 7#b7 ,states2 7#c7 ,state regulatory authorities2 7#d7 transmission organizations2 7#e7 representatives of the electric industry2 7#f7 academic institutions2 7#g7 independent research institutes2 and 7#h7 other entities4 #bcjc4 ,technology demonstration on the distribution system 7a7 ,in general ,the ,secretary shall establish a grant program to carry out eligible projects related to the modernization of the electric grid1 including the application of technologies to improve observability1 advanced controls1 and prediction of system performance on the distribution system4 7b7 ,eligible ,projects ,to be eligible for a grant under subsection 7a71 a project shall-- 7#a7 be designed to improve the performance and efficiency of the future electric grid1 while ensuring the continued provision of safe1 secure1 reliable1 and affordable power2 and 7#b7 demonstrate-- 7,a7 secure integration and management of #b or more energy resources1 including distributed energy generation1 combined heat and power1 micro-grids1 energy storage1 electric vehicles1 energy efficiency1 demand response1 and intelligent loads2 and 7,b7 secure integration and interoperability of communications and information technologies4 7c7 ,participation ,projects conducted under subsection 7b7 shall include the participation of a partnership consisting of #b or more entities that-- 7#a7 may include 7,a7 any institution of higher education2 7,b7 a ,national ,laboratory2 7,c7 a representative of a ,state or local government2 7,d7 a representative of an ,indian tribe2 or 7,e7 a ,federal power marketing administration2 and 7#b7 shall include at least #a of any of-- 7,a7 an investor-owned electric utility2 7,b7 a publicly owned utility2 7,c7 a technology provider2 7,d7 a rural electric cooperative2 7,e7 a regional transmission organization2 or 7,f7 an independent system operator 7d7 ,cybersecurity plan ,each demonstration project conducted under subsection 7a7 shall include the development of a cybersecurity plan approved by the ,secretary4 7e7 ,privacy risk analysis ,each demonstration project conducted under subsection 7a7 shall include a privacy impact assessment that evaluates the project against the #e core concepts in the ,voluntary ,code of ,conduct of the ,department1 commonly known as the 8,data,guard ,energy ,data ,privacy ,program01 or the most recent revisions to the privacy program of the ,department4 #bcjd4 ,hybrid micro-grid systems for isolated and resilient communities 7a7 ,definitions ,in this section3 7#a7 ,hybrid micro-grid system ,the term hybrid micro-grid system means a stand-alone electrical system that-- 7,a7 is comprised of conventional generation and at least #a alternative energy resource2 and 7,b7 may use grid-scale energy storage4 7#b7 ,isolated community ,the term isolated community means a community that is powered by a stand-alone electric generation and distribution system without the economic and reliability benefits of connection to a regional electric grid4 7#c7 ,micro-grid system ,the term micro-grid system means a standalone electrical system that uses grid-scale energy storage4 7#d7 ,strategy ,the term strategy means the strategy developed pursuant to subsection 7b77#b77;,b74 7b7 ,program 7#a7 ,establishment ,the ,secretary shall establish a program to promote the development of-- 7,a7 hybrid micro-grid systems for isolated communities2 and 7,b7 micro-grid systems to increase the resilience of critical infrastructure4 7#b7 ,phases ,the program established under paragraph 7#a7 shall be divided into the following phases3 7,a7 ,phase ,i1 which shall consist of the development of a feasibility assessment for-- 7i7 hybrid micro-grid systems in isolated communities2 and 7ii7 micro-grid systems to enhance the resilience of critical infrastructure4 7,b7 ,phase ,,ii1 which shall consist of the development of an implementation strategy1 in accordance with paragraph 7#c71 to promote the development of hybrid micro-grid systems for isolated communities1 particularly for those communities exposed to extreme weather conditions and high energy costs1 including electricity1 space heating and cooling1 and transportation4 7,c7 ,phase ,,iii1 which shall be carried out in parallel with ,phase ,,ii and consist of the development of an implementation strategy to promote the development of micro-grid systems that increase the resilience of critical infrastructure4 7,d7 ,phase ,,iv1 which shall consist of cost-shared demonstration projects1 based upon the strategies developed under subparagraph 7,b7 that include the development of physical and cybersecurity plans to take appropriate measures to protect and secure the electric grid4 7,e7 ,phase ,v1 which shall establish a benefits analysis plan to help inform regulators1 policymakers1 and industry stakeholders about the affordability1 environmental and resilience benefits associated with ,phases ,,ii1 ,,iii and ,,iv4 7#c7 ,requirements for strategy ,in developing the strategy under paragraph 7#b77;,b71 the ,secretary shall consider-- 7,a7 establishing future targets for the economic displacement of conventional generation using hybrid micro-grid systems1 including displacement of conventional generation used for electric power generation1 heating and cooling1 and transportation2 7,b7 the potential for renewable resources1 including wind1 solar1 and hydropower1 to be integrated into a hybrid micro-grid system2 7,c7 opportunities for improving the efficiency of existing hybrid micro-grid systems2 7,d7 the capacity of the local workforce to operate1 maintain1 and repair a hybrid micro-grid system2 7,e7 opportunities to develop the capacity of the local workforce to operate1 maintain1 and repair a hybrid micro-grid system2 7,f7 leveraging existing capacity within local or regional research organizations1 such as organizations based at institutions of higher education1 to support development of hybrid micro-grid systems1 including by testing novel components and systems prior to field deployment2 7,g7 the need for basic infrastructure to develop1 deploy1 and sustain a hybrid micro-grid system2 7,h7 input of traditional knowledge from local leaders of isolated communities in the development of a hybrid micro-grid system2 7,i7 the impact of hybrid micro-grid systems on defense1 homeland security1 economic development1 and environmental interests2 7,j7 opportunities to leverage existing interagency coordination efforts and recommendations for new interagency coordination efforts to minimize unnecessary overhead1 mobilization1 and other project costs2 and 7,k7 any other criteria the ,secretary determines appropriate4 7c7 ,collaboration ,the program established under subsection 7b77#a7 shall be carried out in collaboration with relevant stakeholders1 including1 as appropriate-- 7#a7 ,states2 7#b7 ,indian tribes2 7#c7 regional entities and regulators2 7#d7 units of local government2 7#e7 institutions of higher education2 and 7#f7 private sector entities4 7d7 ,report ,not later than #ahj days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the efforts to implement the program established under subsection 7b77#a7 and the status of the strategy developed under subsection 7b77#b77;,b74 #bcje4 ,voluntary model pathways 7a7 ,establishment of voluntary model pathways 7#a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall initiate the development of voluntary model pathways for modernizing the electric grid through a collaborative1 public-private effort that-- 7,a7 produces illustrative policy pathways that can be adapted for ,state and regional applications by regulators and policymakers2 7,b7 facilitates the modernization of the electric grid to achieve the objectives described in paragraph 7#b72 7,c7 ensures a reliable1 resilient1 affordable1 safe1 and secure electric system2 and 7,d7 acknowledges and provides for different priorities1 electric systems1 and rate structures across ,states and regions4 7#b7 ,objectives ,the pathways established under paragraph 7#a7 shall facilitate achievement of the following objectives3 7,a7 ,near real-time situational awareness of the electric system4 7,b7 ,data visualization4 7,c7 ,advanced monitoring and control of the advanced electric grid4 7,d7 ,enhanced certainty for private investment in the electric system4 7,e7 ,increased innovation4 7,f7 ,greater consumer empowerment4 7,g7 ,enhanced grid resilience1 reliability1 and robustness4 7,h7 ,improved-- 7i7 integration of distributed energy resources2 7ii7 interoperability of the electric system2 and 7iii7 predictive modeling and capacity forecasting4 7#c7 ,steering committee ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish a steering committee to facilitate the development of the pathways under paragraph 7#a71 to be composed of members appointed by the ,secretary1 consisting of persons with appropriate expertise representing a diverse range of interests in the public1 private1 and academic sectors1 including representatives of-- 7,a7 the ,smart ,grid ,task ,force2 and 7,b7 the ,smart ,grid ,advisory ,committee4 7b7 ,technical assistance ,the ,secretary may provide technical assistance to ,states1 ,indian tribes1 or units of local government to adopt #a or more elements of the pathways developed under subsection 7a77#a74 #bcjf4 ,performance metrics for electricity infrastructure providers 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report that includes-- 7#a7 an evaluation of the performance of the electric grid as of the date of the report2 and 7#b7 a description of the quantified costs and benefits associated with the changes evaluated under the scenarios developed under section #bcjb4 7b7 ,considerations for development of metrics ,in developing metrics for evaluating and quantifying the electric grid under subsection 7a71 the ,secretary shall consider-- 7#a7 standard methodologies for calculating improvements or deteriorations in the performance metrics1 such as reliability1 grid efficiency1 power quality1 consumer satisfaction1 sustainability1 and financial incentives2 7#b7 standard methodologies for calculating value to ratepayers1 including broad economic and related impacts from improvements to the performance metrics2 7#c7 appropriate ownership and operating roles for electric utilities that would enable improved performance through the adoption of emerging1 commercially available or advanced grid technologies or solutions1 including-- 7,a7 multicustomer micro-grids2 7,b7 distributed energy resources2 7,c7 energy storage2 7,d7 electric vehicles2 7,e7 electric vehicle charging infrastructure2 7,f7 integrated information and communications systems2 7,g7 transactive energy systems2 and 7,h7 advanced demand management systems2 and 7#d7 with respect to ,states1 the role of the grid operator in enabling a robust future electric system to ensure that-- 7,a7 electric utilities remain financially viable2 7,b7 electric utilities make the needed investments that ensure a reliable1 secure1 and resilient grid2 and 7,c7 costs incurred to transform to an integrated grid are allocated and recovered responsibly1 efficiently1 and equitably4 #bcjg4 ,state and regional electricity distribution planning 7a7 ,in general ,upon the request of a ,state or regional organization1 the ,secretary shall partner with ,states and regional organizations to facilitate the development of ,state and regional electricity distribution plans by-- 7#a7 conducting a resource assessment and analysis of future demand and distribution requirements2 and 7#b7 developing open source tools for ,state and regional planning and operations4 7b7 ,risk and security analysis ,the assessment under subsection 7a77#a7 shall include-- 7#a7 the evaluation of the physical and cybersecurity needs of an advanced distribution management system and the integration of distributed energy resources2 and 7#b7 advanced use of grid architecture to analyze risks in an all-hazards approach that includes communications infrastructure1 control systems architecture1 and power systems architecture4 7c7 ,technical assistance ,for the purpose of developing ,state and regional electricity distribution plans1 the ,secretary shall provide technical assistance to-- 7#a7 ,states2 7#b7 regional reliability entities2 and 7#c7 other distribution asset owners and operators4 #bcjh4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out sections #bcjb through #bcjg #bjj1jjj1jjj for each of fiscal years #bjag through #bjbf4 #bcji4 ,electric transmission infrastructure permitting 7a7 ,interagency rapid response team for transmission 7#a7 ,establishment ,there is established an interagency rapid response team1 to be known as the ,interagency ,rapid ,response ,team for ,transmission 7referred to in this subsection as the ,team71 to expedite and improve the permitting process for electric transmission infrastructure on ,federal land and non-,federal land4 7#b7 ,mission ,the mission of the ,team shall be-- 7,a7 to improve the timeliness and efficiency of electric transmission infrastructure permitting2 and 7,b7 to facilitate the performance of maintenance and upgrades to electric transmission lines on ,federal land and non-,federal land4 7#c7 ,membership ,the ,team shall be comprised of representatives of-- 7,a7 the ,federal ,energy ,regulatory ,commission2 7,b7 the ,department2 7,c7 the ,department of the ,interior2 7,d7 the ,department of ,defense2 7,e7 the ,department of ,agriculture2 7,f7 the ,council on ,environmental ,quality2 7,g7 the ,department of ,commerce2 7,h7 the ,advisory ,council on ,historic ,preservation2 and 7,i7 the ,environmental ,protection ,agency4 7#d7 ,duties ,the ,team shall-- 7,a7 facilitate coordination and unified environmental documentation among electric transmission infrastructure project applicants1 ,federal agencies1 ,states1 and ,indian tribes involved in the siting and permitting process2 7,b7 establish clear timelines for the review and coordination of electric transmission infrastructure projects by the applicable agencies2 7,c7 ensure that each electric transmission infrastructure project is posted on the ,federal permitting transmission tracking system known as e-,trans1 including information on the status and anticipated completion date of each project2 and 7,d7 regularly notify all participating members of the ,team involved in any specific permit of-- 7i7 any outstanding agency action that is required with respect to the permit2 and 7ii7 any approval or required comment that has exceeded statutory or agency timelines for completion1 including an identification of any ,federal agency1 department1 or field office that has not met the applicable timeline4 7#e7 ,annual reports ,annually1 the ,team shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes the average completion time for specific categories of regionally and nationally significant transmission projects1 based on information obtained from the applicable ,federal agencies4 7#f7 ,use of data by ,,omb ,using data provided by the ,team1 the ,director of the ,office of ,management and ,budget shall prioritize inclusion of individual electric transmission infrastructure projects on the website operated by the ,office of ,management and ,budget in accordance with section #aabb of title #ca1 ,united ,states ,code4 7b7 ,transmission ,ombudsperson 7#a7 ,establishment ,to enhance and ensure the reliability of the electric grid1 there is established within the ,council on ,environmental ,quality the position of ,transmission ,ombudsperson 7referred to in this subsection as the ,ombudsperson71 to provide a unified point of contact for-- 7,a7 resolving interagency or intra-agency issues or delays with respect to electric transmission infrastructure permits2 and 7,b7 receiving and resolving complaints from parties with outstanding or in-process applications relating to electric transmission infrastructure4 7#b7 ,duties ,the ,ombudsperson shall-- 7,a7 establish a process for-- 7i7 facilitating the permitting process for performance of maintenance and upgrades to electric transmission lines on ,federal land and non-,federal land1 with a special emphasis on facilitating access for immediate maintenance1 repair1 and vegetation management needs2 7ii7 resolving complaints filed with the ,ombudsperson with respect to in-process electric transmission infrastructure permits2 and 7iii7 issuing recommended resolutions to address the complaints filed with the ,ombudsperson2 and 7,b7 hear1 compile1 and share any complaints filed with ,ombudsperson relating to in-process electric transmission infrastructure permits4 7c7 ,agreements 7#a7 ,in general ,the ,secretary of the ,interior1 with respect to public lands 7as defined in section #ajc7;e7 of the ,federal ,land ,policy and ,management ,act 7#dc ,u4,s4,c4 #agjb7;e771 and the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land1 shall provide for continuity of the existing use and occupancy for the transmission of electric energy by any ,federal department or agency granted across public lands or ,national ,forest ,system land4 7#b7 ,agreements ,the ,secretary of the ,interior or the ,secretary of ,agriculture1 as applicable1 within #cj days after receiving a request from the ,federal department or agency administering the electric energy transmission facilities1 shall1 in consultation with that department or agency1 initiate agreements regarding the use and occupancy or right-of-way 7including vegetation management agreements1 where applicable74 #bcaj4 ,report by transmission organizations on distributed energy resources and micro-grid systems 7a7 ,definitions ,in this section3 7#a7 ,distributed energy resource ,the term distributed energy resource means an electricity supply resource that1 as permitted by ,state law-- 7,a7 7i7 is interconnected to the electric system operated by a transmission organization at or below #fik,v2 and 7ii7 is subject to dispatch by the transmission organization2 and 7,b7 7i7 generates electricity using any primary energy source1 including solar energy and other renewable resources2 or 7ii7 stores energy and is capable of supplying electricity to the electric system operated by the transmission organization from the storage reservoir4 7#b7 ,electric generating capacity resource ,the term electric generating capacity resource means an electric generating resource1 as measured by the maximum load-carrying ability of the resource1 exclusive of station use and planned1 unplanned1 or other outage or derating1 that is subject to dispatch by a transmission organization to meet the resource adequacy needs of the systems operated by the transmission organization4 7#c7 ,micro-grid system ,the term micro-grid system means an electrically distinct system under common control that-- 7,a7 serves an electric load at or below #fik,v from a distributed energy resource or electric generating capacity resource2 and 7,b7 is subject to dispatch by a transmission organization4 7#d7 ,transmission organization ,the term transmission organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,report 7#a7 ,notice ,not later than #ad days after the date of enactment of this section1 the ,commission shall submit to each transmission organization notice that the transmission organization is required to file with the ,commission a report in accordance with paragraph 7#b74 7#b7 ,report ,not later than #ahj days after the date on which a transmission organization receives a notice under paragraph 7#a71 the transmission organization shall submit to the ,commission a report that-- 7,a7 7i7 identifies distributed energy resources and micro-grid systems that are subject to dispatch by the transmission organization as of the date of the report2 and 7ii7 describes the fuel sources and operational characteristics of such distributed energy resources and micro-grid systems1 including1 to the extent practicable1 a discussion of the benefits and costs associated with the distributed energy resources and micro-grid systems identified under clause 7i72 7,b7 evaluates1 with due regard for operational and economic benefits and costs1 the potential for distributed energy resources and micro-grid systems to be deployed to the transmission organization over the short- and long-term periods in the planning cycle of the transmission organization2 and 7,c7 identifies-- 7i7 over the short- and long-term periods in the planning cycle of the transmission organization1 barriers to the deployment to the transmission organization of distributed energy resources and micro-grid systems2 and 7ii7 potential changes to the operational requirements for1 or charges associated with1 the interconnection of distributed energy resources and micro-grid systems to the transmission organization that would reduce the barriers identified under clause 7i74 #bcaa4 ,net metering study guidance ,title ,,xviii of ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #aabb7 is amended by adding at the end the following3 #ahda4 ,net energy metering study 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 issue guidance on criteria required to be included in studies of net metering conducted by the ,department2 and 7#b7 undertake a study of net energy metering4 7b7 ,requirements and contents ,the model guidance issued under subsection 7a7 shall clarify without prejudice to other study criteria that any study of net energy metering1 including the study conducted by the ,department under subsection 7a7 shall-- 7#a7 be publicly available2 and 7#b7 assess benefits and costs of net energy metering1 including-- 7,a7 load data1 including hourly profiles2 7,b7 distributed generation production data2 7,c7 best available technology1 including inverter capability2 and 7,d7 benefits and costs of distributed energy deployment1 including-- 7i7 environmental benefits2 7ii7 changes in electric system reliability2 7iii7 changes in peak power requirements2 7iv7 provision of ancillary services1 including reactive power2 7v7 changes in power quality2 7vi7 changes in land-use effects2 7vii7 changes in right-of-way acquisition costs2 7viii7 changes in vulnerability to terrorism2 and 7ix7 changes in infrastructure resilience4 4 ,e ,computing #bdja4 ,exascale computer research program 7a7 ,renaming of ,act 7#a7 ,in general ,section #a of the ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd 7#ae ,u4,s4,c4 #eeja note2 ,public ,law #ajh-dbc7 is amended by striking ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd and inserting ,exascale ,computing ,act of #bjae4 7#b7 ,conforming amendment ,section #igf7;a77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcaf7a77 is amended by striking ,department of ,energy ,high-,end ,computing ,revitalization ,act of #bjjd and inserting ,exascale ,computing ,act of #bjae4 7b7 ,definitions ,section #b of the ,exascale ,computing ,act of #bjae 7#ae ,u4,s4,c4 #eeda7 is amended-- 7#a7 by redesignating paragraphs 7#b7 through 7#e7 as paragraphs 7#c7 through 7#f71 respectively2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,exascale computing ,the term exascale computing means computing through the use of a computing machine that performs near or above #aj to the #ahth power floating point operations per second4 2 and 7#c7 in paragraph 7#f7 7as redesignated by paragraph 7#a771 by striking 1 acting through the ,director of the ,office of ,science of the ,department of ,energy4 7c7 ,department of ,energy ,high-,end ,computing ,research and ,development ,program ,section #c of the ,exascale ,computing ,act of #bjae 7#ae ,u4,s4,c4 #eedb7 is amended-- 7#a7 in subsection 7a77#a71 by striking program and inserting coordinated program across the ,department2 7#b7 in subsection 7b77#b71 by striking 1 which may and all that follows through architectures2 and 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,exascale computing program 7#a7 ,in general ,the ,secretary shall conduct a research program 7referred to in this subsection as the ,program7 to develop #b or more exascale computing machine architectures to promote the missions of the ,department4 7#b7 ,implementation 7,a7 ,in general ,in carrying out the ,program1 the ,secretary shall-- 7i7 establish #b or more ,national ,laboratory partnerships with industry partners and institutions of higher education for the research and development of #b or more exascale computing architectures across all applicable organizations of the ,department2 and 7ii7 provide1 as appropriate1 on a competitive1 merit-reviewed basis1 access for researchers in industries in the ,united ,states1 institutions of higher education1 ,national ,laboratories1 and other ,federal agencies to the exascale computing systems developed pursuant to clause 7i74 7,b7 ,selection of partners ,the ,secretary shall select members for the partnerships with the computing facilities of the ,department under subparagraph 7,a7 through a competitive1 peer-review process4 7#c7 ,codesign and application development 7,a7 ,in general ,the ,secretary shall carry out the ,program through an integration of applications1 computer science1 applied mathematics1 and computer hardware architecture using the partnerships established pursuant to paragraph 7#b7 to ensure that1 to the maximum extent practicable1 #b or more exascale computing machine architectures are capable of solving ,department target applications and broader scientific problems4 7,b7 ,report ,the ,secretary shall submit to ,congress a report on how the integration under subparagraph 7,a7 is furthering application science data and computational workloads across application interests1 including national security1 material science1 physical science1 cybersecurity1 biological science1 the ,materials ,genome and ,,brain ,initiatives of the ,president1 advanced manufacturing1 and the national electric grid4 7#d7 ,project review 7,a7 ,in general ,the exascale architectures developed pursuant to partnerships established pursuant to paragraph 7#b7 shall be reviewed through a project review process4 7,b7 ,report ,not later than #ij days after the date of enactment of this subsection1 the ,secretary shall submit to ,congress a report on-- 7i7 the results of the review conducted under subparagraph 7,a72 and 7ii7 the coordination and management of the ,program to ensure an integrated research program across the ,department4 7#e7 ,annual reports ,at the time of the budget submission of the ,department for each fiscal year1 the ,secretary1 in consultation with the members of the partnerships established pursuant to paragraph 7#b71 shall submit to ,congress a report that describes funding for the ,program as a whole by functional element of the ,department and critical milestones4 4 7d7 ,authorization of appropriations ,section #d of the ,exascale ,computing ,act of #bjae 7#ae ,u4,s4,c4 #eedc7 is amended-- 7#a7 by striking this ,act and inserting section #c7;d72 and 7#b7 by striking paragraphs 7#a7 through 7#c7 and inserting the following3 7#a7 #bgb1jjj1jjj for fiscal year #bjaf2 7#b7 #cdj1jjj1jjj for fiscal year #bjag2 and 7#c7 #cfj1jjj1jjj for fiscal year #bjah4 4 ,,iii ,supply ,a ,renewables ,i ,hydroelectric #cjja4 ,hydropower regulatory improvements 7a7 ,sense of congress on the use of hydropower renewable resources ,it is the sense of ,congress that-- 7#a7 hydropower is a renewable resource for purposes of all ,federal programs and is an essential source of energy in the ,united ,states2 and 7#b7 the ,united ,states should increase substantially the capacity and generation of clean1 renewable hydropower resources that would improve environmental quality in the ,united ,states4 7b7 ,modifying the definition of renewable energy to include hydropower ,section #bjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeheb7 is amended-- 7#a7 in subsection 7a71 by striking the following amounts and all that follows through paragraph 7#c7 and inserting not less than #ae percent in fiscal year #bjaf and each fiscal year thereafter shall be renewable energy4 2 and 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,renewable energy ,the term renewable energy means energy produced from solar1 wind1 biomass1 landfill gas1 ocean 7including tidal1 wave1 current1 and thermal71 geothermal1 municipal solid waste1 or hydropower4 4 7c7 ,licenses for construction ,section #d7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;e77 is amended1 in the first proviso1 by striking deem and inserting determine to be4 7d7 ,preliminary permits ,section #e of the ,federal ,power ,act 7#af ,u4,s4,c4 #gih7 is amended-- 7#a7 in subsection 7a71 by striking three and inserting #d2 and 7#b7 in subsection 7b7-- 7,a7 by striking ,commission may extend the period of a preliminary permit once for not more than #b additional years beyond the #c years and inserting the following3 8,commission may-- 7#a7 extend the period of a preliminary permit once for not more than #d additional years beyond the #d years 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 after the end of an extension period granted under paragraph 7#a71 issue an additional permit to the permittee if the ,commission determines that there are extraordinary circumstances that warrant the issuance of the additional permit4 4 7e7 ,time limit for construction of project works ,section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 is amended in the second sentence by striking once but not longer than two additional years and inserting for not more than #h additional years14 7f7 ,license term ,section #ae7;e7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjh7;e77 is amended-- 7#a7 by striking 7e7 ,except and inserting the following3 7e7 ,license term on relicensing 7#a7 ,in general ,except 2 and 7#b7 by adding at the end the following3 7#b7 ,consideration ,in determining the term of a license under paragraph 7#a71 the ,commission shall consider project-related investments by the licensee over the term of the existing license 7including any terms under annual licenses7 that resulted in new development1 construction1 capacity1 efficiency improvements1 or environmental measures1 but which did not result in the extension of the term of the license by the ,commission4 4 7g7 ,operation of navigation facilities ,section #ah of the ,federal ,power ,act 7#af ,u4,s4,c4 #haa7 is amended by striking the second1 third1 and fourth sentences4 7h7 ,alternative conditions and prescriptions ,section #cc of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbc;d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking deems and inserting determines2 7,b7 in paragraph 7#b77;,b71 in the matter preceding clause 7i71 by inserting determined to be necessary before by the ,secretary2 7,c7 by striking paragraph 7#d72 and 7,d7 by striking paragraph 7#e72 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#d72 and 7,b7 by striking paragraph 7#e72 and 7#c7 by adding at the end the following3 7c7 ,further conditions ,this section applies to any further conditions or prescriptions proposed or imposed pursuant to section #d7;e71 #f1 or #ah4 4 7i7 ,licensing process improvements and coordination ,part ,i of the ,federal ,power ,act 7#af ,u4,s4,c4 #gib et seq47 is amended by adding at the end the following3 #cd4 ,licensing process improvements 7a7 ,license studies 7#a7 ,in general ,to facilitate the timely and efficient completion of the license proceedings under this part1 the ,commission shall-- 7,a7 conduct an investigation of best practices in performing licensing studies1 including methodologies and the design of studies to assess the full range of environmental impacts of a project2 7,b7 compile a comprehensive collection of studies and data accessible to the public that could be used to inform license proceedings under this paragraph2 and 7,c7 encourage license applicants and cooperating agencies to develop and use1 for the purpose of fostering timely and efficient consideration of license applications1 a limited number of open-source methodologies and tools applicable across a wide array of projects1 including water balance models and streamflow analyses4 7#b7 ,use of existing studies ,to the maximum extent practicable1 the ,commission shall use existing studies and data in individual licensing proceedings under this part in accordance with paragraph 7#a74 7#c7 ,nonduplication requirement ,to the maximum extent practicable1 the ,commission shall ensure that studies and data required for any ,federal authorization 7as defined in section #ce7;a77 applicable to a particular project or facility are not duplicated in other licensing proceedings under this part4 7#d7 ,biological opinions ,to the maximum extent practicable1 the ,secretary of ,commerce shall ensure that relevant offices within the ,national ,marine ,fisheries ,service prepare any biological opinion under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 that forms the basis for a prescription under section #ah on a concurrent rather than sequential basis4 7#e7 ,water quality certification deadline 7,a7 ,in general ,for purposes of issuing a license under this part1 the deadline for a certifying agency to act under section #dja7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7;a77 shall take effect only on the submission of a request for certification determined to be complete by the certifying agency4 7,b7 ,notice of complete request ,the certifying agency shall inform the ,commission when a request for certification is determined to be complete4 #ce4 ,licensing process coordination 7a7 ,definition of ,federal authorization ,in this section1 the term ,federal authorization means any authorization required under ,federal law 7including any license1 permit1 special use authorization1 certification1 opinion1 consultation1 determination1 or other approval7 with respect to-- 7#a7 a project licensed under section #d or #ae2 or 7#b7 a facility exempted under-- 7,a7 section #cj2 or 7,b7 section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d774 7b7 ,designation as lead agency 7#a7 ,in general ,the ,commission shall act as the lead agency for the purposes of coordinating all applicable ,federal authorizations4 7#b7 ,other agencies ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission4 7c7 ,schedule 7#a7 ,timing for issuance ,it is the sense of ,congress that all ,federal authorizations required for a project or facility1 including a license or exemption order of the ,commission1 should be issued by the date that is #c years after the date on which an application is considered to be complete by the ,commission4 7#b7 ,commission schedule 7,a7 ,in general ,the ,commission shall establish a schedule for the issuance of all ,federal authorizations4 7,b7 ,requirements ,in establishing the schedule under subparagraph 7,a71 the ,commission shall-- 7i7 consult and cooperate with the ,federal and ,state agencies responsible for a ,federal authorization2 7ii7 ensure the expeditious completion of all proceedings relating to a ,federal authorization2 and 7iii7 comply with applicable schedules established by ,federal law with respect to a ,federal authorization4 7#c7 ,resolution of interagency disputes ,if the ,federal agency fails to adhere to the schedule established by the ,commission under paragraph 7#b71 or if the final condition of the ,secretary under section #d7;e7 or prescription under section #ah has been unreasonably delayed in derogation of the schedule established under paragraph 7#b71 or if a proposed alternative condition or prescription has been unreasonably denied1 or if a final condition or prescription would be inconsistent with the purposes of this part or other applicable law1 the ,commission may refer the matter to the ,chairman of the ,council on ,environmental ,quality-- 7,a7 to ensure timely participation2 7,b7 to ensure a timely decision2 7,c7 to mediate the dispute2 or 7,d7 to refer the matter to the ,president4 7d7 ,consolidated record 7#a7 ,in general ,the ,commission shall maintain official consolidated records of all license proceedings under this part4 7#b7 ,submission of recommendations ,any ,federal or ,state agency that is providing recommendations with respect to a license proceeding under this part shall submit to the ,commission for inclusion in the consolidated record relating to the license proceeding maintained under paragraph 7#a7-- 7,a7 the recommendations2 7,b7 the rationale for the recommendations2 and 7,c7 any supporting materials relating to the recommendations4 7#c7 ,written statement ,in a case in which a ,federal agency is making a determination with respect to a covered measure 7as defined in section #cf7;a771 the head of the ,federal agency shall include in the consolidated record a written statement demonstrating that the ,federal agency gave equal consideration to the effects of the covered measure on-- 7,a7 energy supply1 distribution1 cost1 and use2 7,b7 flood control2 7,c7 navigation2 7,d7 water supply2 and 7,e7 air quality and the preservation of other aspects of environmental quality4 #cf4 ,trial-type hearings 7a7 ,definition of covered measure ,in this section1 the term covered measure means-- 7#a7 a condition prescribed under section #d7;e71 including an alternative condition proposed under section #cc7;a72 7#b7 fishways prescribed under section #ah1 including an alternative prescription proposed under section #cc7;b72 or 7#c7 any further condition pursuant to section #d7;e71 #f1 or #ah4 7b7 ,authorization of trial-type hearing ,the license applicant 7including an applicant for a license under section #ae7 and any party to the proceeding shall be entitled to a determination on the record1 after opportunity for a trial-type hearing of not more than #abj days1 on any disputed issues of material fact with respect to an applicable covered measure4 7c7 ,deadline for request ,a request for a trial-type hearing under this section shall be submitted not later than #fj days after the date on which1 as applicable-- 7#a7 the ,secretary submits the condition under section #d7;e7 or prescription under section #ah2 or 7#b7 7,a7 the ,commission publishes notice of the intention to use the reserved authority of the ,commission to order a further condition under section #f2 or 7,b7 the ,secretary exercises reserved authority under the license to prescribe1 submit1 or revise any condition to a license under the first proviso of section #d7;e7 or fishway prescribed under section #ah1 as appropriate4 7d7 ,no requirement to exhaust ,by electing not to request a trial-type hearing under subsection 7d71 a license applicant and any other party to a license proceeding shall not be considered to have waived the right of the applicant or other party to raise any issue of fact or law in a non-trial-type proceeding1 but no issue may be raised for the first time on rehearing or judicial review of the license decision of the ,commission4 7e7 ,administrative law judge ,all disputed issues of material fact raised by a party in a request for a trial-type hearing submitted under subsection 7d7 shall be determined in a single trial-type hearing to be conducted by an ,administrative ,law ,judge within the ,office of ,administrative ,law ,judges and ,dispute ,resolution of the ,commission1 in accordance with the ,commission rules of practice and procedure under part #che of title #ah1 ,code of ,federal ,regulations 7or successor regulations71 and within the timeframe established by the ,commission for each license proceeding 7including a proceeding for a license under section #ae7 under section #ce7;c74 7f7 ,stay ,the ,administrative ,law ,judge may impose a stay of a trial-type hearing under this section for a period of not more than #abj days to facilitate settlement negotiations relating to resolving the disputed issues of material fact with respect to the covered measure4 7g7 ,decision of the ,administrative ,law ,judge 7#a7 ,contents ,the decision of the ,administrative ,law ,judge shall contain-- 7,a7 findings of fact on all disputed issues of material fact2 7,b7 conclusions of law necessary to make the findings of fact1 including rulings on materiality and the admissibility of evidence2 and 7,c7 reasons for the findings and conclusions4 7#b7 ,limitation ,the decision of the ,administrative ,law ,judge shall not contain conclusions as to whether-- 7,a7 any condition or prescription should be adopted1 modified1 or rejected2 or 7,b7 any alternative condition or prescription should be adopted1 modified1 or rejected4 7#c7 ,finality ,a decision of an ,administrative ,law ,judge under this section with respect to a disputed issue of material fact shall not be subject to further administrative review4 7#d7 ,service ,the ,administrative ,law ,judge shall serve the decision on each party to the hearing and forward the complete record of the hearing to the ,commission and the ,secretary that proposed the original condition or prescription4 7h7 ,secretarial determination 7#a7 ,in general ,not later than #fj days after the date on which the ,administrative ,law ,judge issues the decision under subsection 7g7 and in accordance with the schedule established by the ,commission under section #ce7;c71 the ,secretary proposing a condition under section #d7;e7 or a prescription under section #ah shall file with the ,commission a final determination to adopt1 modify1 or withdraw any condition or prescription that was the subject of a hearing under this section1 based on the decision of the ,administrative ,law ,judge4 7#b7 ,record of determination ,the final determination of the ,secretary filed with the ,commission shall identify the reasons for the decision and any considerations taken into account that were not part of1 or inconsistent with1 the findings of the ,administrative ,law ,judge and shall be included in the consolidated record in section #ce7;d74 7i7 ,licensing decision of the ,commission ,notwithstanding sections #d7;e7 and #ah1 if the ,commission finds that the final condition or prescription of the ,secretary is inconsistent with the purposes of this part or other applicable law1 the ,commission may refer the matter to the ,chairman of the ,council on ,environmental ,quality under section #ce7;c74 7j7 ,judicial review ,the decision of the ,administrative ,law ,judge and the record of determination of the ,secretary shall be included in the record of the applicable licensing proceeding and subject to judicial review of the final licensing decision of the ,commission under section #cac7;b74 #cg4 ,pumped storage projects ,in carrying out section #f7;a7 of the ,hydropower ,regulatory ,efficiency ,act of #bjac 7#af ,u4,s4,c4 #gig note2 ,public ,law #aac-bc71 the ,commission shall consider a closed loop pumped storage project to include a project-- 7#a7 in which the upper and lower reservoirs do not impound or directly withdraw water from a navigable stream2 or 7#b7 that is not continuously connected to a naturally flowing water feature4 #ch4 ,annual reports 7a7 ,commission annual report 7#a7 ,in general ,the ,commission shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives an annual report that-- 7,a7 describes and quantifies1 for each licensed1 exempted1 or proposed project under this part or section #dje7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bgje7;d77 7referred to in this subsection as the covered project71 the quantity of energy and capacity authorized for new development and reauthorized for continued operation during the reporting year1 including an assessment of the economic1 climactic1 air quality1 and other environmental benefits achieved by the new and reauthorized energy and capacity2 7,b7 describes and quantifies the loss of energy1 capacity1 or ancillary services as a result of any licensing action under this part or other requirement under ,federal law during the reporting year2 7,c7 identifies any application to license1 relicense1 or expand a covered project pending as of the date of the annual report1 including a quantification of the new energy and capacity with the potential to be gained or lost by action relating to the covered project2 and 7,d7 lists all proposed covered projects that1 as of the date of the annual report1 are subject to a preliminary permit issued under section #d7;f71 including a description of the quantity of new energy and capacity that would be achieved through the development of each proposed covered project4 7#b7 ,availability ,the ,commission shall establish and maintain a publicly available website or comparable resource that tracks all information required for the annual report under paragraph 7#a74 7b7 ,resource agency annual report 7#a7 ,in general ,any ,federal or ,state resource agency that is participating in any ,commission proceeding under this part or that has responsibilities for any ,federal authorization shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7,a7 describes each term1 condition1 or other requirement prepared by the resource agency during the reporting year with respect to a ,commission proceeding under this part1 including-- 7i7 an assessment of whether implementation of the term1 condition1 or other requirement would result in the loss of energy1 capacity1 or ancillary services at the project1 including a quantification of the losses2 7ii7 an analysis of economic1 air quality1 climactic and other environmental effects associated with implementation of the term1 condition1 or other requirement2 7iii7 a demonstration1 based on evidence in the record of the ,commission1 that the resource agency prepared the term1 condition1 or other requirement in a manner that meets the policy established by this part while discharging the responsibilities of the resource agency under this part or any other applicable requirement under ,federal law2 and 7iv7 a statement of whether the head of the applicable ,federal agency has rendered final approval of the term1 condition1 or other requirement1 or whether the term1 condition1 or other requirement remains a preliminary recommendation of staff of the resource agency2 and 7,b7 identifies all pending1 scheduled1 and anticipated proceedings under this part that1 as of the date of the annual report1 the resource agency expects to participate in1 or has any approval or participatory responsibilities for under ,federal law1 including-- 7i7 an accounting of whether the resource agency met all deadlines or other milestones established by the resource agency or the ,commission during the reporting year2 and 7ii7 the specific plans of the resource agency for allocating sufficient resources for each project during the upcoming year4 7#b7 ,availability ,any resource agency preparing an annual report to ,congress under paragraph 7#a7 shall establish and maintain a publicly available website or comparable resource that tracks all information required for the annual report4 4 7j7 ,pilot program 7#a7 ,in general ,the ,commission 7as the term is defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 shall establish a voluntary pilot program covering at least #a region in which the ,commission1 in consultation with the heads of cooperating agencies1 shall direct a set of region-wide studies to inform subsequent project-level studies within each region4 7#b7 ,designation ,not later than #b years after the date of enactment of this ,act1 if the conditions under paragraph 7#c7 are met1 the ,commission1 in consultation with the heads of cooperating agencies1 shall designate #a or more regions to be studied under this subsection4 7#c7 ,voluntary basis ,the ,commission may only designate regions under paragraph 7#b7 in which every licensee1 on a voluntary basis and in writing1 agrees-- 7,a7 to be included in the pilot program2 and 7,b7 to any cost-sharing arrangement with other licensees and applicable ,federal and ,state agencies with respect to conducting basin-wide studies4 7#d7 ,scale ,the regions designated under paragraph 7#b7 shall-- 7,a7 be at an adequately large scale to cover at least #e existing projects that-- 7i7 are licensed under this part2 and 7ii7 the licenses of which shall expire not later than #ae years after the date of enactment of this section2 and 7,b7 be likely to yield region-wide studies and information that will significantly reduce the need for and scope of subsequent project-level studies and information4 7#e7 ,project license terms ,the ,commission may extend the term of any existing license within a region designated under paragraph 7#b7 by up to #h years to provide sufficient time for relevant region-wide studies to inform subsequent project-level studies4 #cjjb4 ,hydroelectric production incentives and efficiency improvements 7a7 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7c71 by striking #aj and inserting #bj2 7#b7 in subsection 7f71 by striking #bj and inserting #cj2 and 7#c7 in subsection 7g71 by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjaf through #bjbe4 7b7 ,hydroelectric efficiency improvement ,section #bdc7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7;c77 is amended by striking each of the fiscal years #bjjf through #bjae and inserting each of fiscal years #bjaf through #bjbe4 #cjjc4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,clark ,canyon ,dam ,notwithstanding the time period described in section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abdbi1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 shall1 at the request of the licensee for the project1 and after reasonable notice and in accordance with the procedures of the ,commission under that section1 reinstate the license and extend the time period during which the licensee is required to commence construction of project works for the #c-year period beginning on the date of enactment of this ,act4 #cjjd4 ,extension of time for a ,federal ,energy ,regulatory ,commission project involving ,gibson ,dam 7a7 ,in general ,notwithstanding the requirements of section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf7 that would otherwise apply to the ,federal ,energy ,regulatory ,commission project numbered #abdgh-jjc1 the ,federal ,energy ,regulatory ,commission 7referred to in this section as the ,commission7 may1 at the request of the licensee for the project1 and after reasonable notice and in accordance with the procedures of the ,commission under that section1 extend the time period during which the licensee is required to commence construction of the project for a #f-year period that begins on the date described in subsection 7b74 7b7 ,date described ,the date described in this subsection is the date of the expiration of the extension of the period required for commencement of construction for the project described in subsection 7a7 that was issued by the ,commission prior to the date of enactment of this ,act under section #ac of the ,federal ,power ,act 7#af ,u4,s4,c4 #hjf74 ,,ii ,geothermal ,a ,geothermal energy #cjje4 ,national goals for production and site identification ,it is the sense of ,congress that1 not later than #aj years after the date of enactment of this ,act-- 7#a7 the ,secretary of the ,interior shall seek to approve a significant increase in new geothermal energy capacity on public land across a geographically diverse set of ,states using the full range of available technologies2 and 7#b7 the ,director of the ,geological ,survey and the ,secretary should identify sites capable of producing a total of #ej1jjj megawatts of geothermal power1 using the full range of available technologies4 #cjjf4 ,priority areas for development on ,federal land ,the ,director of the ,bureau of ,land ,management1 in consultation with other appropriate ,federal agencies1 shall-- 7#a7 identify high priority areas for new geothermal development2 and 7#b7 take any actions the ,director determines necessary to facilitate that development1 consistent with applicable laws4 #cjjg4 ,facilitation of coproduction of geothermal energy on oil and gas leases ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 is amended by adding at the end the following3 7#d7 ,land subject to oil and gas lease ,land under an oil and gas lease issued pursuant to the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha et seq47 or the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 that is subject to an approved application for permit to drill and from which oil and gas production is occurring may be available for noncompetitive leasing under this section to the holder of the oil and gas lease-- 7,a7 on a determination that-- 7i7 geothermal energy will be produced from a well producing or capable of producing oil and gas2 and 7ii7 national energy security will be improved by the issuance of such a lease2 and 7,b7 to provide for the coproduction of geothermal energy with oil and gas4 4 #cjjh4 ,noncompetitive leasing of adjoining areas for development of geothermal resources ,section #d7;b7 of the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajjc7;b77 7as amended by section #cjjg7 is amended by adding at the end the following3 7#e7 ,adjoining land 7,a7 ,definitions ,in this paragraph3 7i7 ,fair market value per acre ,the term fair market value per acre means a dollar amount per acre that-- 7,i7 except as provided in this clause1 shall be equal to the market value per acre 7taking into account the determination under subparagraph 7,b77iii7 regarding a valid discovery on the adjoining land71 as determined by the ,secretary under regulations issued under this paragraph2 7,,ii7 shall be determined by the ,secretary with respect to a lease under this paragraph1 by not later than the end of the #ahj-;day period beginning on the date the ,secretary receives an application for the lease2 and 7,,iii7 shall be not less than the greater of-- 7aa7 #d times the median amount paid per acre for all land leased under this ,act during the preceding year2 or 7bb7 #ej4 7ii7 ,industry standards ,the term industry standards means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources1 as determined through flow or injection testing or measurement of lost circulation while drilling4 7iii7 ,qualified ,federal land ,the term qualified ,federal land means land that is otherwise available for leasing under this ,act4 7iv7 ,qualified geothermal professional ,the term qualified geothermal professional means an individual who is an engineer or geoscientist in good professional standing with at least #e years of experience in geothermal exploration1 development1 or project assessment4 7v7 ,qualified lessee ,the term qualified lessee means a person that is eligible to hold a geothermal lease under this ,act 7including applicable regulations74 7vi7 ,valid discovery ,the term valid discovery means a discovery of a geothermal resource by a new or existing slim hole or production well1 that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards4 7,b7 ,authority ,an area of qualified ,federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre1 if-- 7i7 the area of qualified ,federal land-- 7,i7 consists of not less than #a acre and not more than #fdj acres2 and 7,,ii7 is not already leased under this ,act or nominated to be leased under subsection 7a72 7ii7 the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause 7iii77,i72 and 7iii7 sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable ,federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- 7,i7 there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources2 and 7,,ii7 that thermal feature extends into the adjoining areas4 7,c7 ,determination of fair market value 7i7 ,in general ,the ,secretary shall-- 7,i7 publish a notice of any request to lease land under this paragraph2 7,,ii7 determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the ,secretary2 7,,iii7 provide to a qualified lessee and publish1 with an opportunity for public comment for a period of #cj days1 any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph2 and 7,,iv7 provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable ,federal land management agency1 in accordance with applicable law 7including regulations74 7ii7 ,limitation on nomination ,after publication of a notice of request to lease land under this paragraph1 the ,secretary may not accept under subsection 7a7 any nomination of the land for leasing unless the request has been denied or withdrawn4 7iii7 ,annual rental ,for purposes of section #e7;a77#c71 a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale4 7,d7 ,regulations ,not later than #bgj days after the date of enactment of the ,energy ,policy ,modernization ,act of #bjae1 the ,secretary shall issue regulations to carry out this paragraph4 4 #cjji4 ,large-scale geothermal energy ,title ,,vi of the ,energy ,independence and ,security ,act of #bjjg is amended by inserting after section #faf 7#db ,u4,s4,c4 #agaie7 the following3 #faf;,a4 ,large-,scale ,geothermal ,energy 7a7 ,purposes ,the purposes of this section are-- 7#a7 to improve the components1 processes1 and systems used for geothermal heat pumps and the direct use of geothermal energy2 and 7#b7 to increase the energy efficiency1 lower the cost1 increase the use1 and improve and demonstrate the applicability of geothermal heat pumps to1 and the direct use of geothermal energy in1 large buildings1 commercial districts1 residential communities1 and large municipal1 agricultural1 or industrial projects4 7b7 ,definitions ,in this section3 7#a7 ,direct use of geothermal energy ,the term direct use of geothermal energy means systems that use water that is at a temperature between approximately #ch degrees ,celsius and #adi degrees ,celsius directly or through a heat exchanger to provide-- 7,a7 heating to buildings2 or 7,b7 heat required for industrial processes1 agriculture1 aquaculture1 and other facilities4 7#b7 ,geothermal heat pump ,the term geothermal heat pump means a system that provides heating and cooling by exchanging heat from shallow ground or surface water using-- 7,a7 a closed loop system1 which transfers heat by way of buried or immersed pipes that contain a mix of water and working fluid2 or 7,b7 an open loop system1 which circulates ground or surface water directly into the building and returns the water to the same aquifer or surface water source4 7#c7 ,large-scale application ,the term large-scale application means an application for space or process heating or cooling for large entities with a name-plate capacity1 expected resource1 or rating of #aj or more megawatts1 such as a large building1 commercial district1 residential community1 or a large municipal1 agricultural1 or industrial project4 7c7 ,program 7#a7 ,in general ,the ,secretary shall establish a program of research1 development1 and demonstration for geothermal heat pumps and the direct use of geothermal energy4 7#b7 ,areas ,the program may include research1 development1 demonstration1 and commercial application of-- 7,a7 geothermal ground loop efficiency improvements through more efficient heat transfer fluids2 7,b7 geothermal ground loop efficiency improvements through more efficient thermal grouts for wells and trenches2 7,c7 geothermal ground loop installation cost reduction through-- 7i7 improved drilling methods2 7ii7 improvements in drilling equipment2 7iii7 improvements in design methodology and energy analysis procedures2 and 7iv7 improved methods for determination of ground thermal properties and ground temperatures2 7,d7 installing geothermal ground loops near the foundation walls of new construction to take advantage of existing structures2 7,e7 using gray or black wastewater as a method of heat exchange2 7,f7 improving geothermal heat pump system economics through integration of geothermal systems with other building systems1 including providing hot and cold water and rejecting or circulating industrial process heat through refrigeration heat rejection and waste heat recovery2 7,g7 advanced geothermal systems using variable pumping rates to increase efficiency2 7,h7 geothermal heat pump efficiency improvements2 7,i7 use of hot water found in mines and mine shafts and other surface waters as the heat exchange medium2 7,j7 heating of districts1 neighborhoods1 communities1 large commercial or public buildings 7including office1 retail1 educational1 government1 and institutional buildings and multifamily residential buildings and campuses71 and industrial and manufacturing facilities2 7,k7 geothermal system integration with solar thermal water heating or cool roofs and solar-regenerated desiccants to balance loads and use building hot water to store geothermal energy2 7,l7 use of hot water coproduced from oil and gas recovery2 7,m7 use of water sources at a temperature of less than #aej degrees ,celsius for direct use2 7,n7 system integration of direct use with geothermal electricity production2 and 7,o7 coproduction of heat and power1 including on-site use4 7#c7 ,environmental impacts ,in carrying out the program1 the ,secretary shall identify and mitigate potential environmental impacts in accordance with section #fad7;c74 7d7 ,grants 7#a7 ,in general ,the ,secretary shall make grants available to ,state and local governments1 institutions of higher education1 nonprofit entities1 utilities1 and for-profit companies 7including manufacturers of heat-pump and direct-use components and systems7 to promote the development of geothermal heat pumps and the direct use of geothermal energy4 7#b7 ,priority ,in making grants under this subsection1 the ,secretary shall give priority to proposals that apply to large buildings 7including office1 retail1 educational1 government1 institutional1 and multifamily residential buildings and campuses and industrial and manufacturing facilities71 commercial districts1 and residential communities4 7#c7 ,national solicitation ,not later than #ahj days after the date of enactment of this section1 the ,secretary shall conduct a national solicitation for applications for grants under this section4 7e7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of this section and annually thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on progress made and results obtained under this section to develop geothermal heat pumps and direct use of geothermal energy4 7#b7 ,areas ,each of the reports required under this subsection shall include-- 7,a7 an analysis of progress made in each of the areas described in subsection 7c77#b72 and 7,b7 7i7 a description of any relevant recommendations made during a review of the program2 and 7ii7 any plans to address the recommendations under clause 7i74 4 #cjaj4 ,report to ,congress ,not later than #c years after the date of enactment of this ,act and not less frequently than once every #e years thereafter1 the ,secretary of the ,interior and the ,secretary shall submit to ,congress a report describing the progress made towards achieving the goals described in section #cjje4 #cjaa4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart-- 7#a7 #fe1jjj1jjj for fiscal year #bjag2 and 7#b7 #ge1jjj1jjj for each of fiscal years #bjah through #bjba4 ,b ,geothermal exploration #cjab4 ,geothermal exploration test projects ,the ,geothermal ,steam ,act of #aigj 7#cj ,u4,s4,c4 #ajja et seq47 is amended by adding at the end the following3 #cj4 ,geothermal exploration test projects 7a7 ,definitions ,in this section3 7#a7 ,covered land ,the term covered land means land that is-- 7,a7 subject to geothermal leasing in accordance with section #c2 and 7,b7 not excluded from the development of geothermal energy under-- 7i7 a final land use plan established under the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7ii7 a final land and resource management plan established under the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #afjj et seq472 or 7iii7 any other applicable law4 7#b7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service71 with respect to ,national ,forest ,system land2 and 7,b7 the ,secretary1 with respect to land managed by the ,bureau of ,land ,management 7including land held for the benefit of an ,indian tribe74 7b7 ,,nepa review of geothermal exploration test projects 7#a7 ,in general ,an eligible activity described in paragraph 7#b7 carried out on covered land shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation7 if-- 7,a7 the action is for the purpose of geothermal resource exploration operations2 and 7,b7 the action is conducted pursuant to this ,act4 7#b7 ,eligible activity ,an eligible activity referred to in paragraph 7#a7 is-- 7,a7 a geophysical exploration activity that does not require drilling1 including a seismic survey2 7,b7 the drilling of a well to test or explore for geothermal resources on land leased by the ,secretary concerned for the development and production of geothermal resources that-- 7i7 is carried out by the holder of the lease2 7ii7 causes-- 7,i7 fewer than #e acres of soil or vegetation disruption at the location of each geothermal exploration well2 and 7,,ii7 not more than an additional #e acres of soil or vegetation disruption during access or egress to the project site2 7iii7 is completed in fewer than #ij days1 including the removal of any surface infrastructure from the project site2 and 7iv7 requires the restoration of the project site not later than #c years after the date of completion of the project to approximately the condition that existed at the time the project began1 unless-- 7,i7 the project site is subsequently used as part of energy development on the lease2 or 7,,ii7 the project-- 7aa7 yields geothermal resources2 and 7bb7 the use of the geothermal resources will be carried out under another geothermal generation project in existence at the time of the discovery of the geothermal resources2 or 7,c7 the drilling of a well to test or explore for geothermal resources on land leased by the ,secretary concerned for the development and production of geothermal resources that-- 7i7 causes an individual surface disturbance of fewer than #e acres if-- 7,i7 the total surface disturbance on the leased land is not more than #aej acres2 and 7,,ii7 a site-specific analysis has been prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 involves the drilling of a geothermal well at a location or well pad site at which drilling has occurred within #e years before the date of spudding the well2 or 7iii7 involves the drilling of a geothermal well in a developed field for which-- 7,i7 an approved land use plan or any environmental document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 analyzed the drilling as a reasonably foreseeable activity2 and 7,,ii7 the land use plan or environmental document was approved within #aj years before the date of spudding the well4 7#c7 ,limitation based on extraordinary circumstances ,the categorical exclusion established under paragraph 7#a7 shall be subject to extraordinary circumstances in accordance with the ,departmental ,manual1 #eaf ,,dm #b4c;,a7#c7 and #eaf ,,dm #b1 ,appendix #b 7or successor provisions74 7c7 ,notice of intent2 review and determination 7#a7 ,requirement to provide notice ,not later than #cj days before the date on which drilling begins1 a leaseholder intending to carry out an eligible activity shall provide notice to the ,secretary concerned4 7#b7 ,review of project ,not later than #aj days after receipt of a notice of intent provided under paragraph 7#a71 the ,secretary concerned shall-- 7,a7 review the project described in the notice and determine whether the project is an eligible activity2 and 7,b7 7i7 if the project is an eligible activity1 notify the leaseholder that under subsection 7b71 the project is considered a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation72 or 7ii7 if the project is not an eligible activity-- 7,i7 notify the leaseholder that section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 applies to the project2 7,,ii7 include in that notification clear and detailed findings on any deficiencies in the project that prevent the application of subsection 7b7 to the project2 and 7,,iii7 provide an opportunity to the leaseholder to remedy the deficiencies described in the notification before the date on which the leaseholder plans to begin the project under paragraph 7#a74 4 ,,iii ,marine ,hydrokinetic #cjac4 ,definition of marine and hydrokinetic renewable energy ,section #fcb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbaa7 is amended in the matter preceding paragraph 7#a7 by striking electrical4 #cjad4 ,marine and hydrokinetic renewable energy research and development ,section #fcc of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbab7 is amended to read as follows3 #fcc4 ,marine and hydrokinetic renewable energy research and development ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,federal ,energy ,regulatory ,commission1 shall carry out a program of research1 development1 demonstration1 and commercial application to accelerate the introduction of marine and hydrokinetic renewable energy production into the ,united ,states energy supply1 giving priority to fostering accelerated research1 development1 and commercialization of technology1 including programs-- 7#a7 to assist technology development to improve the components1 processes1 and systems used for power generation from marine and hydrokinetic renewable energy resources2 7#b7 to establish critical testing infrastructure necessary-- 7,a7 to cost effectively and efficiently test and prove marine and hydrokinetic renewable energy devices2 and 7,b7 to accelerate the technological readiness and commercialization of those devices2 7#c7 to support efforts to increase the efficiency of energy conversion1 lower the cost1 increase the use1 improve the reliability1 and demonstrate the applicability of marine and hydrokinetic renewable energy technologies by participating in demonstration projects2 7#d7 to investigate variability issues and the efficient and reliable integration of marine and hydrokinetic renewable energy with the utility grid2 7#e7 to identify and study critical short- and long-term needs to create a sustainable marine and hydrokinetic renewable energy supply chain based in the ,united ,states2 7#f7 to increase the reliability and survivability of marine and hydrokinetic renewable energy technologies2 7#g7 to verify the performance1 reliability1 maintainability1 and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment1 and consider the protection of critical infrastructure1 such as adequate separation between marine and hydrokinetic devices and projects and submarine telecommunications cables1 including consideration of established industry standards2 7#h7 to coordinate and avoid duplication of activities across programs of the ,department and other applicable ,federal agencies1 including ,national ,laboratories and to coordinate public-private collaboration in all programs under this section2 7#i7 to identify opportunities for joint research and development programs and development of economies of scale between-- 7,a7 marine and hydrokinetic renewable energy technologies2 and 7,b7 other renewable energy and fossil energy programs1 offshore oil and gas production activities1 and activities of the ,department of ,defense2 and 7#aj7 to support in-water technology development with international partners using existing cooperative procedures 7including memoranda of understanding7-- 7,a7 to allow cooperative funding and other support of value to be exchanged and leveraged2 and 7,b7 to encourage the participation of international research centers and companies within the ,united ,states and the participation of ,united ,states research centers and companies in international projects4 4 #cjae4 ,national ,marine ,renewable ,energy ,research1 ,development1 and ,demonstration ,centers ,section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,purposes ,a ,center 7in coordination with the ,department and ,national ,laboratories7 shall-- 7#a7 advance research1 development1 demonstration1 and commercial application of marine and hydrokinetic renewable energy technologies2 7#b7 support in-water testing and demonstration of marine and hydrokinetic renewable energy technologies1 including facilities capable of testing-- 7,a7 marine and hydrokinetic renewable energy systems of various technology readiness levels and scales2 7,b7 a variety of technologies in multiple test berths at a single location2 and 7,c7 arrays of technology devices2 and 7#c7 serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy resources and energy systems4 4 #cjaf4 ,authorization of appropriations ,section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 is amended by striking #ej1jjj1jjj for each of the fiscal years #bjjh through #bjab and inserting #ee1jjj1jjj for each of fiscal years #bjag and #bjah and #fj1jjj1jjj for each of fiscal years #bjai through #bjba4 ,,iv ,biomass #cjag4 ,bio-power 7a7 ,woody biomass heat and bio-power initiative 7#a7 ,definitions of woody biomass heat and bio-power ,section #ijjh7;a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajh7;a77 is amended-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#d7 and 7#e71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,bio-power ,the term bio-power means the use of woody biomass to generate electricity4 7#c7 ,board ,the term ,board means the ,biomass ,research and ,development ,board4 2 and 7,c7 by adding at the end the following3 7#f7 ,woody biomass heat ,the term woody biomass heat means the use of woody biomass to generate heat4 4 7#b7 ,biomass research and development board ,section #ijjh7;c77#c77;,a7 of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajh7;c77#c77;,a77 is amended by striking biofuels and biobased products and inserting biofuels1 biobased products1 bio-power1 and woody biomass heat projects4 7#c7 ,woody biomass heat and bio-power grants ,section #ijjh of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #hajh7 is amended-- 7,a7 by redesignating subsections 7f71 7g71 and 7h7 as subsections 7g71 7h71 and 7i71 respectively2 and 7,b7 by inserting after subsection 7e7 the following3 7f7 ,woody biomass heat and bio-power grants 7#a7 ,establishment ,the ,secretary of ,agriculture and the ,secretary of ,energy1 in consultation with the ,board1 shall establish a program under which the ,secretary of ,agriculture and the ,secretary of ,energy shall provide grants to relevant projects to support innovation and market development in woody biomass heat and bio-power4 7#b7 ,applications ,to be eligible to receive a grant under this subsection1 the owner or operator of a relevant project shall submit to the ,secretary of ,agriculture and the ,secretary of ,energy an application at such time1 in such manner1 and containing such information as the ,secretary of ,agriculture and the ,secretary of ,energy may require4 7#c7 ,allocation ,of the amounts appropriated to carry out this subsection1 the ,secretary of ,agriculture and the ,secretary of ,energy shall not provide more than-- 7,a7 #ae1jjj1jjj for projects that develop innovative techniques for preprocessing biomass for woody biomass heat and bio-power1 with the goals of lowering the costs of-- 7i7 distributed preprocessing technologies1 including technologies designed to promote densification1 torrefaction1 and the broader commoditization of bioenergy feedstocks2 and 7ii7 transportation2 and 7,b7 #ae1jjj1jjj for innovative woody biomass heat and bio-power demonstration projects1 including-- 7i7 district energy projects2 7ii7 innovation in transportation2 and 7iii7 projects addressing the challenges of retrofitting existing coal-fired electricity generation facilities to use biomass4 7#d7 ,regional distribution ,in selecting projects to receive grants under this subsection1 the ,secretary of ,agriculture and the ,secretary of ,energy shall ensure1 to the maximum extent practicable1 diverse geographical distribution among the projects4 7#e7 ,cost share ,the ,federal share of the cost of a project carried out using a grant under this subsection shall be #ej percent4 7#f7 ,duties of recipients ,as a condition of receiving a grant under this subsection1 the owner or operator of a project shall-- 7,a7 participate in the applicable working group under paragraph 7#g72 7,b7 submit to the ,secretary of ,agriculture and the ,secretary of ,energy a report that includes-- 7i7 a description of the project and any relevant findings2 and 7ii7 such other information as the ,secretary of ,agriculture and the ,secretary of ,energy determine to be necessary to complete the report of the ,secretary under paragraph 7#i72 and 7,c7 carry out such other activities as the ,secretary of ,agriculture and the ,secretary of ,energy determine to be necessary4 7#g7 ,working groups ,the ,secretary of ,agriculture and the ,secretary of ,energy shall establish #b working groups to share best practices and collaborate in project implementation1 of which-- 7,a7 #a shall be comprised of representatives of projects that receive grants under paragraph 7#c77;,a72 and 7,b7 #a shall be comprised of representatives of projects that receive grants under paragraph 7#c77;,b74 7#h7 ,inclusion of oilseed crops ,a grant may be provided under this subsection to relevant projects to support innovation and market development in oilseed crops4 7#i7 ,reports ,not later than #e years after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of ,energy shall submit to ,congress a report describing-- 7,a7 each project for which a grant has been provided under this subsection2 7,b7 any findings as a result of those projects2 and 7,c7 the state of market and technology development1 including market barriers and opportunities4 4 7b7 ,loan programs2 strategic analysis and research 7#a7 ,low-interest loans 7,a7 ,establishment ,the ,secretary of ,agriculture shall establish1 within the ,rural ,development ,office1 a low-interest loan program to support construction of residential1 commercial or institutional1 and industrial woody biomass heat and bio-power systems4 7,b7 ,requirements ,the program under this subsection shall be carried out in accordance with such requirements as the ,secretary of ,agriculture may establish1 by regulation1 in taking into consideration best practices4 7,c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,agriculture to carry out this subsection #ej1jjj1jjj4 7#b7 ,energy efficiency and conservation loan program ,in addition to loans under paragraph 7#a71 woody biomass heat residential1 commercial or institutional1 and industrial wood energy systems shall be eligible to receive loans under the energy efficiency and conservation loan program of the ,department of ,agriculture under section #b of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ijb74 ,b ,oil and ,gas #caja4 ,amendments to the ,methane ,hydrate ,research and ,development ,act of #bjjj 7a7 ,methane hydrate research and development program 7#a7 ,in general ,section #d of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,grants1 contracts1 cooperative agreements1 interagency funds transfer agreements1 and field work proposals 7#a7 ,assistance and coordination ,in carrying out the program of methane hydrate research and development authorized by this section1 the ,secretary may award grants to1 or enter into contracts or cooperative agreements with1 institutions-- 7,a7 to conduct basic and applied research-- 7i7 to identify1 explore1 assess1 and develop methane hydrate as a commercially viable source of energy2 and 7ii7 to identify the environmental1 health1 and safety impacts of methane hydrate development2 7,b7 to identify and characterize methane hydrate resources using remote sensing and seismic data1 including the characterization of hydrate concentrations in marine reservoirs in the ,gulf of ,mexico or the ,atlantic ,ocean ,basin by the date that is #d years after the date of enactment of the ,energy ,policy ,modernization ,act of #bjae2 7,c7 to develop technologies required for efficient and environmentally sound development of methane hydrate resources2 7,d7 to conduct basic and applied research to assess and mitigate the environmental impact of hydrate degassing 7including natural degassing and degassing associated with commercial development72 7,e7 to develop technologies to reduce the risks of drilling through methane hydrates2 7,f7 to conduct exploratory drilling1 well testing1 and production testing operations on permafrost and nonpermafrost gas hydrates in support of the activities authorized by this paragraph1 including-- 7i7 drilling of a test well and performing a long-term hydrate production test on land in the ,united ,states ,arctic region by the date that is #d years after the date of enactment of the ,energy ,policy ,modernization ,act of #bjae2 7ii7 drilling of a test well and performing a long-term hydrate production test in a marine environment by the date that is #aj years after the date of enactment of the ,energy ,policy ,modernization ,act of #bjae2 and 7iii7 drilling a full-scale production test well at a location to be determined by the ,secretary2 or 7,g7 to expand education and training programs in methane hydrate resource research and resource development through fellowships or other means for graduate education and training4 7#b7 ,environmental monitoring and research ,the ,secretary shall conduct a long-term environmental monitoring and research program to study the effects of production from methane hydrate reservoirs4 7#c7 ,competitive peer review ,funds made available under paragraphs 7#a7 and 7#b7 shall be made available based on a competitive process using external scientific peer review of proposed research4 4 7#b7 ,conforming amendment ,section #d7;e7 of the ,methane ,hydrate ,research and ,development ,act of #bjjj 7#cj ,u4,s4,c4 #bjjc7;e77 is amended in the matter preceding paragraph 7#a7 by striking subsection 7b77#a7 and inserting paragraphs 7#a7 and 7#b7 of subsection 7b74 7b7 ,authorization of appropriations ,the ,methane ,hydrate ,research and ,development ,act of #bjjj is amended by striking section #g 7#cj ,u4,s4,c4 #bjjf7 and inserting the following3 #g4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #ce1jjj1jjj for each of fiscal years #bjag through #bjba4 4 #cajb4 ,liquefied natural gas study 7a7 ,study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,national ,association of ,regulatory ,utility ,commissioners and the ,national ,association of ,state ,energy ,officials1 shall conduct a study of the ,state1 regional1 and national implications of exporting liquefied natural gas with respect to consumers and the economy4 7#b7 ,contents ,the study conducted under paragraph 7#a7 shall include an analysis of-- 7,a7 the economic impact that exporting liquefied natural gas will have in regions that currently import liquefied natural gas2 7,b7 job creation in the manufacturing sectors2 and 7,c7 such other issues as the ,secretary considers appropriate4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report on the results of the study conducted under subsection 7a74 #cajc4 ,,ferc process coordination with respect to regulatory approval of gas projects 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,federal authorization 7,a7 ,in general ,the term ,federal authorization means any authorization required under ,federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to gas transportation subject to the jurisdiction of the ,commission4 7,b7 ,inclusions ,the term ,federal authorization includes any permits1 special use authorizations1 certifications1 opinions1 or other approvals as may be required under ,federal law with respect to an application for authorization or a certificate of public convenience and necessity relating to gas transportation subject to the jurisdiction of the ,commission4 7b7 ,designation as lead agency 7#a7 ,in general ,the ,commission shall act as the lead agency for the purposes of-- 7,a7 coordinating all applicable ,federal authorizations2 and 7,b7 compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,other agencies ,each ,federal and ,state agency considering an aspect of an application for ,federal authorization shall cooperate with the ,commission4 7c7 ,schedule 7#a7 ,timing for issuance ,it is the sense of ,congress that all ,federal authorizations required for a project or facility should be issued by not later than the date that is #ij days after the date on which an application is considered to be complete by the ,commission4 7#b7 ,commission schedule 7,a7 ,in general ,the ,commission shall establish a schedule for the issuance of all ,federal authorizations4 7,b7 ,requirements ,in establishing the schedule under subparagraph 7,a71 the ,commission shall-- 7i7 consult and cooperate with the ,federal and ,state agencies responsible for a ,federal authorization2 7ii7 ensure the expeditious completion of all proceedings relating to a ,federal authorization2 and 7iii7 comply with applicable schedules established under ,federal law with respect to a ,federal authorization4 7#c7 ,resolution of interagency disputes ,if the ,federal agency with responsibility fails to adhere to the schedule established by the ,commission under paragraph 7#b71 or if a ,federal authorization has been unreasonably denied1 or if a ,federal authorization would be inconsistent with the purposes of this section or other applicable law1 the ,commission shall refer the matter to the ,chairman of the ,council on ,environmental ,quality-- 7,a7 to ensure timely participation2 7,b7 to ensure a timely decision2 7,c7 to mediate the dispute2 or 7,d7 to refer the matter to the ,president4 7d7 ,consolidated record ,the ,commission shall maintain official consolidated records of all license proceedings under this section4 7e7 ,deference to ,commission ,in making a decision with respect to a ,federal authorization1 each agency shall give deference1 to the maximum extent authorized by law1 to the scope of environmental review that the ,commission determines to be appropriate4 7f7 ,concurrent ,reviews ,pursuant to the schedule established under subsection 7c77#b71 each agency considering an aspect of an application for ,federal authorization shall-- 7#a7 to the maximum extent authorized by law1 carry out the obligations of that agency under applicable law concurrently and in conjunction with the review required by the ,national ,environmental ,policy ,act of #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 complete the required ,federal authorizations in accordance with the schedule described in subsection 7c72 and 7#c7 transmit to the ,commission a statement-- 7,a7 acknowledging notice of the schedule described in subsection 7c72 and 7,b7 describing the plan formulated under paragraph 7#b74 7g7 ,failure to meet deadline ,if an agency does not complete a proceeding for an approval that is required for a ,federal authorization in accordance with the schedule described in subsection 7c71 the head of the relevant ,federal agency 7including1 in the case of a failure by the ,state agency or unit of local government1 the ,federal agency overseeing the delegated authority7 shall-- 7#a7 notify ,congress and the ,commission of the failure2 and 7#b7 describe in that notification an implementation plan to ensure completion4 7h7 ,accountability2 transparency2 efficiency 7#a7 ,in general ,for applications requiring multiple ,federal authorizations1 the ,commission1 in consultation with any agency considering an aspect of the application1 shall track and make available to the public on the website of the ,commission information relating to the actions required to complete permitting1 reviews1 and other requirements4 7#b7 ,inclusions ,information tracked under paragraph 7#a7 shall include the following3 7,a7 ,the schedule described in subsection 7c74 7,b7 ,a list of all the actions required by each applicable agency to complete permitting1 reviews1 and other requirements necessary to obtain a final decision on the ,federal authorization4 7,c7 ,the expected completion date for each action listed under subparagraph 7,b74 7,d7 ,a point of contact at the agency accountable for each action listed under subparagraph 7,b74 7,e7 ,in the event that an action is still pending as of the expected date of completion1 a brief explanation of the reason for the delay4 #cajd4 ,pilot program 7a7 ,establishment ,the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management 7referred to in this section as the ,director71 shall establish a pilot program in #a ,state with at least #b1jjj oil and gas drilling spacing units 7as defined under ,state law71 in which-- 7#a7 #be percent or less of the minerals are owned or held in trust by the ,federal ,government2 and 7#b7 there is no surface land owned or held in trust by the ,federal ,government4 7b7 ,activities ,in carrying out the pilot program1 the ,director shall identify and implement ways to streamline the review and approval of ,applications for ,permits to ,drill for oil and gas drilling spacing units of the ,state in order to achieve a processing time for those oil and gas drilling spacing units similar to that of spacing units that require an ,application for ,permit to ,drill and are not part of the pilot program in the same ,state4 7c7 ,funding ,beginning in fiscal year #bjaf1 and for a period of #c years thereafter1 to carry out the pilot program efficiently1 the ,director may fund up to #aj full-time equivalents at appropriate field offices using fees collected under section #ce7;d7 of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aia7;d77 and not otherwise expended4 7d7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,director shall submit to ,congress a report on the results of the pilot program4 7e7 ,waiver ,the ,secretary of the ,interior may waive the requirement for an ,application for ,permit to ,drill if the ,director determines that the mineral interest of the ,united ,states in the spacing units in land covered by this section is adequately protected1 if otherwise in accordance with applicable laws1 regulations1 and lease terms4 ,c ,helium #cbja4 ,rights to helium 7a7 ,definition of helium-related project ,the term helium-related project means a project-- 7#a7 to explore or produce crude helium2 and 7#b7 to sell crude or refined helium4 7b7 ,expedited completion ,notwithstanding any other provision of law1 applicable environmental reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for helium-related projects shall be completed on an expeditious basis and the shortest existing applicable process under that ,act shall be used for such projects4 7c7 ,repeal of reservation of helium rights ,the first section of the ,mineral ,leasing ,act 7#cj ,u4,s4,c4 #aha7 is amended by striking the flush text that follows the last undesignated subsection4 7d7 ,rights to helium under leases under ,mineral ,leasing ,act for ,acquired ,lands ,the ,mineral ,leasing ,act for ,acquired ,lands 7#cj ,u4,s4,c4 #cea et seq47 is amended by adding at the end the following3 #ab4 ,rights to helium ,any lease issued under this ,act that authorizes exploration for1 or development or production of1 gas shall be considered to grant to the lessee a right of first refusal to engage in exploration for1 and development and production of1 helium on land that is subject to the lease in accordance with regulations issued by the ,secretary4 4 ,d ,critical ,minerals #ccja4 ,definitions ,in this subtitle3 7#a7 ,critical mineral 7,a7 ,in general ,the term critical mineral means any mineral1 element1 substance1 or material designated as critical pursuant to section #ccjc4 7,b7 ,exclusions ,the term critical mineral does not include-- 7i7 fuel minerals1 including oil1 natural gas1 or any other fossil fuels2 or 7ii7 water1 ice1 or snow4 7#b7 ,critical mineral manufacturing ,the term critical mineral manufacturing means-- 7,a7 the production1 processing1 refining1 alloying1 separation1 concentration1 magnetic sintering1 melting1 or beneficiation of critical minerals within the ,united ,states2 7,b7 the fabrication1 assembly1 or production1 within the ,united ,states1 of equipment1 components1 or other goods with energy technology-1 defense-1 agriculture-1 consumer electronics-1 or health care-related applications2 or 7,c7 any other value-added1 manufacturing-related use of critical minerals undertaken within the ,united ,states4 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,g7 the ,united ,states ,virgin ,islands4 #ccjb4 ,policy 7a7 ,in general ,section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb7 is amended in the second sentence-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 establish an analytical and forecasting capability for identifying critical mineral demand1 supply1 and other factors to allow informed actions to be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts2 2 7#b7 in paragraph 7#f71 by striking and after the semicolon at the end2 and 7#c7 by striking paragraph 7#g7 and inserting the following3 7#g7 encourage ,federal agencies to facilitate the availability1 development1 and environmentally responsible production of domestic resources to meet national material or critical mineral needs2 7#h7 avoid duplication of effort1 prevent unnecessary paperwork1 and minimize delays in the administration of applicable laws 7including regulations7 and the issuance of permits and authorizations necessary to explore for1 develop1 and produce critical minerals and to construct critical mineral manufacturing facilities in accordance with applicable environmental and land management laws2 7#i7 strengthen educational and research capabilities and workforce training2 7#aj7 bolster international cooperation through technology transfer1 information sharing1 and other means2 7#aa7 promote the efficient production1 use1 and recycling of critical minerals2 7#ab7 develop alternatives to critical minerals2 and 7#ac7 establish contingencies for the production of1 or access to1 critical minerals for which viable sources do not exist within the ,united ,states4 4 7b7 ,conforming amendment ,section #b7;b7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afja7;b77 is amended by striking 7b7 ,as used in this ,act1 the term and inserting the following3 7b7 ,definitions ,in this ,act3 7#a7 ,critical mineral ,the term critical mineral means any mineral or element designated as a critical mineral pursuant to section #ccjc of the ,energy ,policy ,modernization ,act of #bjae4 7#b7 ,materials ,the term 4 #ccjc4 ,critical mineral designations 7a7 ,draft methodology ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,interior 7acting through the ,director of the ,united ,states ,geological ,survey7 7referred to in this subtitle as the ,secretary71 in consultation with relevant ,federal agencies and entities1 shall publish in the ,federal ,register for public comment a draft methodology for determining which minerals qualify as critical minerals based on an assessment of whether the minerals are-- 7#a7 subject to potential supply restrictions 7including restrictions associated with foreign political risk1 abrupt demand growth1 military conflict1 violent unrest1 anti-competitive or protectionist behaviors1 and other risks throughout the supply chain72 and 7#b7 important in use 7including energy technology-1 defense-1 currency-1 agriculture-1 consumer electronics-1 and health care-related applications74 7b7 ,availability of data ,if available data is insufficient to provide a quantitative basis for the methodology developed under this section1 qualitative evidence may be used to the extent necessary4 7c7 ,final methodology ,after reviewing public comments on the draft methodology under subsection 7a7 and updating the draft methodology as appropriate1 not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a description of the final methodology for determining which minerals qualify as critical minerals4 7d7 ,designations 7#a7 ,in general ,for purposes of carrying out this subtitle1 the ,secretary shall maintain a list of minerals and elements designated as critical1 pursuant to the methodology under subsection 7c74 7#b7 ,initial list ,subject to paragraph 7#a71 not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register an initial list of minerals designated as critical pursuant to the final methodology under subsection 7c7 for the purpose of carrying out this subtitle4 7#c7 ,inclusions ,notwithstanding the criteria under subsection 7c71 the ,secretary may designate and include on the list any mineral or element determined by another ,federal agency to be strategic and critical to the defense or national security of the ,united ,states4 7e7 ,subsequent review 7#a7 ,in general ,the ,secretary shall review the methodology and designations under subsections 7c7 and 7d7 at least every #c years1 or more frequently as the ,secretary considers to be appropriate4 7#b7 ,revisions ,subject to subsection 7d77#a71 the ,secretary may-- 7,a7 revise the methodology described in this section2 7,b7 determine that minerals or elements previously determined to be critical minerals are no longer critical minerals2 and 7,c7 designate additional minerals or elements as critical minerals4 7f7 ,notice ,on finalization of the methodology under subsection 7c71 the list under subsection 7d71 or any revision to the methodology or list under subsection 7e71 the ,secretary shall submit to ,congress written notice of the action4 #ccjd4 ,resource assessment 7a7 ,in general ,not later than #d years after the date of enactment of this ,act1 in consultation with applicable ,state 7including geological surveys71 local1 academic1 industry1 and other entities1 the ,secretary shall complete a comprehensive national assessment of each critical mineral that-- 7#a7 identifies and quantifies known critical mineral resources1 using all available public and private information and datasets1 including exploration histories2 and 7#b7 provides a quantitative and qualitative assessment of undiscovered critical mineral resources throughout the ,united ,states1 including probability estimates of tonnage and grade1 using all available public and private information and datasets1 including exploration histories4 7b7 ,supplementary information ,in carrying out this section1 the ,secretary may carry out surveys and field work 7including drilling1 remote sensing1 geophysical surveys1 geological mapping1 and geochemical sampling and analysis7 to supplement existing information and datasets available for determining the existence of critical minerals in the ,united ,states4 7c7 ,technical assistance ,at the request of the ,governor of a ,state or the head of an ,indian tribe1 the ,secretary may provide technical assistance to ,state governments and ,indian tribes conducting critical mineral resource assessments on non-,federal land4 7d7 ,prioritization 7#a7 ,in general ,the ,secretary may sequence the completion of resource assessments for each critical mineral such that critical minerals considered to be most critical under the methodology established under section #ccjc are completed first4 7#b7 ,reporting ,during the period beginning not later than #a year after the date of enactment of this ,act and ending on the date of completion of all of the assessments required under this section1 the ,secretary shall submit to ,congress on an annual basis an interim report that-- 7,a7 identifies the sequence and schedule for completion of the assessments if the ,secretary sequences the assessments2 or 7,b7 describes the progress of the assessments if the ,secretary does not sequence the assessments4 7e7 ,updates ,the ,secretary may periodically update the assessments conducted under this section based on-- 7#a7 the generation of new information or datasets by the ,federal ,government2 or 7#b7 the receipt of new information or datasets from critical mineral producers1 ,state geological surveys1 academic institutions1 trade associations1 or other persons4 7f7 ,additional surveys ,the ,secretary shall complete a resource assessment for each additional mineral or element subsequently designated as a critical mineral under section #ccjc7;e77#b7 not later than #b years after the designation of the mineral or element4 7g7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the status of geological surveying of ,federal land for any mineral commodity-- 7#a7 for which the ,united ,states was dependent on a foreign country for more than #be percent of the ,united ,states supply1 as depicted in the report issued by the ,united ,states ,geological ,survey entitled ,mineral ,commodity ,summaries #bjae2 but 7#b7 that is not designated as a critical mineral under section #ccjc4 #ccje4 ,permitting 7a7 ,performance improvements ,to improve the quality and timeliness of decisions1 the ,secretary 7acting through the ,director of the ,bureau of ,land ,management7 and the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service7 7referred to in this section as the ,secretaries7 shall1 to the maximum extent practicable1 with respect to critical mineral production on ,federal land1 complete ,federal permitting and review processes with maximum efficiency and effectiveness1 while supporting vital economic growth1 by-- 7#a7 establishing and adhering to timelines and schedules for the consideration of1 and final decisions regarding1 applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for mineral-related activities on ,federal land2 7#b7 establishing clear1 quantifiable1 and temporal permitting performance goals and tracking progress against those goals2 7#c7 engaging in early collaboration among agencies1 project sponsors1 and affected stakeholders-- 7,a7 to incorporate and address the interests of those parties2 and 7,b7 to minimize delays2 7#d7 ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance2 7#e7 engaging in early and active consultation with ,state1 local1 and ,indian tribal governments to avoid conflicts or duplication of effort1 resolve concerns1 and allow for concurrent1 rather than sequential1 reviews2 7#f7 providing demonstrable improvements in the performance of ,federal permitting and review processes1 including lower costs and more timely decisions2 7#g7 expanding and institutionalizing permitting and review process improvements that have proven effective2 7#h7 developing mechanisms to better communicate priorities and resolve disputes among agencies at the national1 regional1 ,state1 and local levels2 and 7#i7 developing other practices1 such as preapplication procedures4 7b7 ,review and report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a report that-- 7#a7 identifies additional measures 7including regulatory and legislative proposals1 as appropriate7 that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals2 7#b7 identifies options 7including cost recovery paid by permit applicants7 for ensuring adequate staffing and training of ,federal entities and personnel responsible for the consideration of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7#c7 quantifies the amount of time typically required 7including range derived from minimum and maximum durations1 mean1 median1 variance1 and other statistical measures or representations7 to complete each step 7including those aspects outside the control of the executive branch1 such as judicial review1 applicant decisions1 or ,state and local government involvement7 associated with the development and processing of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land1 which shall serve as a baseline for the performance metric under subsection 7c72 and 7#d7 describes actions carried out pursuant to subsection 7a74 7c7 ,performance metric ,not later than #ij days after the date of submission of the report under subsection 7b71 the ,secretaries1 after providing public notice and an opportunity to comment1 shall develop and publish a performance metric for evaluating the progress made by the executive branch to expedite the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals1 while maintaining environmental standards4 7d7 ,annual reports ,beginning with the first budget submission by the ,president under section #aaje of title #ca1 ,united ,states ,code1 after publication of the performance metric required under subsection 7c71 and annually thereafter1 the ,secretaries shall submit to ,congress a report that-- 7#a7 summarizes the implementation of recommendations1 measures1 and options identified in paragraphs 7#a7 and 7#b7 of subsection 7b72 7#b7 using the performance metric under subsection 7c71 describes progress made by the executive branch1 as compared to the baseline established pursuant to subsection 7b77#c71 on expediting the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals2 and 7#c7 compares the ,united ,states to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry4 7e7 ,individual projects ,using data from the ,secretaries generated under subsection 7d71 the ,director of the ,office of ,management and ,budget shall prioritize inclusion of individual critical mineral projects on the website operated by the ,office of ,management and ,budget in accordance with section #aabb of title #ca1 ,united ,states ,code4 7f7 ,report of ,small ,business ,administration ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall submit to the applicable committees of ,congress a report that assesses the performance of ,federal agencies with respect to-- 7#a7 complying with chapter #f of title #e1 ,united ,states ,code 7commonly known as the ,regulatory ,flexibility ,act71 in promulgating regulations applicable to the critical minerals industry2 and 7#b7 performing an analysis of regulations applicable to the critical minerals industry that may be outmoded1 inefficient1 duplicative1 or excessively burdensome4 #ccjf4 ,federal ,register process 7a7 ,departmental review ,absent any extraordinary circumstance1 and except as otherwise required by law1 the ,secretary and the ,secretary of ,agriculture shall ensure that each ,federal ,register notice described in subsection 7b7 shall be-- 7#a7 subject to any required reviews within the ,department of the ,interior or the ,department of ,agriculture2 and 7#b7 published in final form in the ,federal ,register not later than #de days after the date of initial preparation of the notice4 7b7 ,preparation ,the preparation of ,federal ,register notices required by law associated with the issuance of a critical mineral exploration or mine permit shall be delegated to the organizational level within the agency responsible for issuing the critical mineral exploration or mine permit4 7c7 ,transmission ,all ,federal ,register notices regarding official document availability1 announcements of meetings1 or notices of intent to undertake an action shall be originated in1 and transmitted to the ,federal ,register from1 the office in which1 as applicable-- 7#a7 the documents or meetings are held2 or 7#b7 the activity is initiated4 #ccjg4 ,recycling1 efficiency1 and alternatives 7a7 ,establishment ,the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall conduct a program of research and development-- 7#a7 to promote the efficient production1 use1 and recycling of critical minerals throughout the supply chain2 and 7#b7 to develop alternatives to critical minerals that do not occur in significant abundance in the ,united ,states4 7b7 ,cooperation ,in carrying out the program1 the ,secretary shall cooperate with appropriate-- 7#a7 ,federal agencies and ,national ,laboratories2 7#b7 critical mineral producers2 7#c7 critical mineral processors2 7#d7 critical mineral manufacturers2 7#e7 trade associations2 7#f7 academic institutions2 7#g7 small businesses2 and 7#h7 other relevant entities or individuals4 7c7 ,activities ,under the program1 the ,secretary shall carry out activities that include the identification and development of-- 7#a7 advanced critical mineral extraction1 production1 separation1 alloying1 or processing technologies that decrease the energy consumption1 environmental impact1 and costs of those activities1 including-- 7,a7 efficient water and wastewater management strategies2 7,b7 technologies and management strategies to control the environmental impacts of radionuclides in ore tailings2 and 7,c7 technologies for separation and processing2 7#b7 technologies or process improvements that minimize the use1 or lead to more efficient use1 of critical minerals across the full supply chain2 7#c7 technologies1 process improvements1 or design optimizations that facilitate the recycling of critical minerals1 and options for improving the rates of collection of products and scrap containing critical minerals from post-consumer1 industrial1 or other waste streams2 7#d7 commercial markets1 advanced storage methods1 energy applications1 and other beneficial uses of critical minerals processing byproducts2 7#e7 alternative minerals1 metals1 and materials1 particularly those available in abundance within the ,united ,states and not subject to potential supply restrictions1 that lessen the need for critical minerals2 and 7#f7 alternative energy technologies or alternative designs of existing energy technologies1 particularly those that use minerals that-- 7,a7 occur in abundance in the ,united ,states2 and 7,b7 are not subject to potential supply restrictions4 7d7 ,reports ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report summarizing the activities1 findings1 and progress of the program4 #ccjh4 ,analysis and forecasting 7a7 ,capabilities ,in order to evaluate existing critical mineral policies and inform future actions that may be taken to avoid supply shortages1 mitigate price volatility1 and prepare for demand growth and other market shifts1 the ,secretary1 in consultation with the ,energy ,information ,administration1 academic institutions1 and others in order to maximize the application of existing competencies related to developing and maintaining computer-models and similar analytical tools1 shall conduct and publish the results of an annual report that includes-- 7#a7 as part of the annually published ,mineral ,commodity ,summaries from the ,united ,states ,geological ,survey1 a comprehensive review of critical mineral production1 consumption1 and recycling patterns1 including-- 7,a7 the quantity of each critical mineral domestically produced during the preceding year2 7,b7 the quantity of each critical mineral domestically consumed during the preceding year2 7,c7 market price data or other price data for each critical mineral2 7,d7 an assessment of-- 7i7 critical mineral requirements to meet the national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states during the preceding year2 7ii7 the reliance of the ,united ,states on foreign sources to meet those needs during the preceding year2 and 7iii7 the implications of any supply shortages1 restrictions1 or disruptions during the preceding year2 7,e7 the quantity of each critical mineral domestically recycled during the preceding year2 7,f7 the market penetration during the preceding year of alternatives to each critical mineral2 7,g7 a discussion of international trends associated with the discovery1 production1 consumption1 use1 costs of production1 prices1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7,h7 such other data1 analyses1 and evaluations as the ,secretary finds are necessary to achieve the purposes of this section2 and 7#b7 a comprehensive forecast1 entitled the ,annual ,critical ,minerals ,outlook1 of projected critical mineral production1 consumption1 and recycling patterns1 including-- 7,a7 the quantity of each critical mineral projected to be domestically produced over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,b7 the quantity of each critical mineral projected to be domestically consumed over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,c7 an assessment of-- 7i7 critical mineral requirements to meet projected national security1 energy1 economic1 industrial1 technological1 and other needs of the ,united ,states2 7ii7 the projected reliance of the ,united ,states on foreign sources to meet those needs2 and 7iii7 the projected implications of potential supply shortages1 restrictions1 or disruptions2 7,d7 the quantity of each critical mineral projected to be domestically recycled over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,e7 the market penetration of alternatives to each critical mineral projected to take place over the subsequent #a-year1 #e-year1 and #aj-year periods2 7,f7 a discussion of reasonably foreseeable international trends associated with the discovery1 production1 consumption1 use1 costs of production1 and recycling of each critical mineral as well as the development of alternatives to critical minerals2 and 7,g7 such other projections relating to each critical mineral as the ,secretary determines to be necessary to achieve the purposes of this section4 7b7 ,proprietary information ,in preparing a report described in subsection 7a71 the ,secretary shall ensure1 consistent with section #e7;f7 of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjd7;f771 that-- 7#a7 no person uses the information and data collected for the report for a purpose other than the development of or reporting of aggregate data in a manner such that the identity of the person or firm who supplied the information is not discernible and is not material to the intended uses of the information2 7#b7 no person discloses any information or data collected for the report unless the information or data has been transformed into a statistical or aggregate form that does not allow the identification of the person or firm who supplied particular information2 and 7#c7 procedures are established to require the withholding of any information or data collected for the report if the ,secretary determines that withholding is necessary to protect proprietary information1 including any trade secrets or other confidential information4 #ccji4 ,education and workforce 7a7 ,workforce assessment ,not later than #a year and #cjj days after the date of enactment of this ,act1 the ,secretary of ,labor 7in consultation with the ,secretary1 the ,director of the ,national ,science ,foundation1 institutions of higher education with substantial expertise in mining1 institutions of higher education with significant expertise in minerals research1 including fundamental research into alternatives1 and employers in the critical minerals sector7 shall submit to ,congress an assessment of the domestic availability of technically trained personnel necessary for critical mineral exploration1 development1 assessment1 production1 manufacturing1 recycling1 analysis1 forecasting1 education1 and research1 including an analysis of-- 7#a7 skills that are in the shortest supply as of the date of the assessment2 7#b7 skills that are projected to be in short supply in the future2 7#c7 the demographics of the critical minerals industry and how the demographics will evolve under the influence of factors such as an aging workforce2 7#d7 the effectiveness of training and education programs in addressing skills shortages2 7#e7 opportunities to hire locally for new and existing critical mineral activities2 7#f7 the sufficiency of personnel within relevant areas of the ,federal ,government for achieving the policies described in section #c of the ,national ,materials and ,minerals ,policy1 ,research and ,development ,act of #aihj 7#cj ,u4,s4,c4 #afjb72 and 7#g7 the potential need for new training programs to have a measurable effect on the supply of trained workers in the critical minerals industry4 7b7 ,curriculum study 7#a7 ,in general ,the ,secretary and the ,secretary of ,labor shall jointly enter into an arrangement with the ,national ,academy of ,sciences and the ,national ,academy of ,engineering under which the ,academies shall coordinate with the ,national ,science ,foundation on conducting a study-- 7,a7 to design an interdisciplinary program on critical minerals that will support the critical mineral supply chain and improve the ability of the ,united ,states to increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7,b7 to address undergraduate and graduate education1 especially to assist in the development of graduate level programs of research and instruction that lead to advanced degrees with an emphasis on the critical mineral supply chain or other positions that will increase domestic1 critical mineral exploration1 development1 production1 manufacturing1 research1 including fundamental research into alternatives1 and recycling2 7,c7 to develop guidelines for proposals from institutions of higher education with substantial capabilities in the required disciplines for activities to improve the critical mineral supply chain and advance the capacity of the ,united ,states to increase domestic1 critical mineral exploration1 research1 development1 production1 manufacturing1 and recycling2 and 7,d7 to outline criteria for evaluating performance and recommendations for the amount of funding that will be necessary to establish and carry out the program described in subsection 7c74 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a description of the results of the study required under paragraph 7#a74 7c7 ,program 7#a7 ,establishment ,the ,secretary and the ,secretary of ,labor shall jointly conduct a competitive grant program under which institutions of higher education may apply for and receive #d-year grants for-- 7,a7 startup costs for newly designated faculty positions in integrated critical mineral education1 research1 innovation1 training1 and workforce development programs consistent with subsection 7b72 7,b7 internships1 scholarships1 and fellowships for students enrolled in programs related to critical minerals2 7,c7 equipment necessary for integrated critical mineral innovation1 training1 and workforce development programs2 and 7,d7 research of critical minerals and their applications1 particularly concerning the manufacture of critical components vital to national security4 7#b7 ,renewal ,a grant under this subsection shall be renewable for up to #b additional #c-year terms based on performance criteria outlined under subsection 7b77#a77;,d74 #ccaj4 ,national geological and geophysical data preservation program ,section #cea7k7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7k77 is amended by striking #cj1jjj1jjj for each of fiscal years #bjjf through #bjaj and inserting #e1jjj1jjj for each of fiscal years #bjag through #bjbf1 to remain available until expended4 #ccaa4 ,administration 7a7 ,in general ,the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq47 is repealed4 7b7 ,conforming amendment ,section #c7;d7 of the ,national ,superconductivity and ,competitiveness ,act of #aihh 7#ae ,u4,s4,c4 #ebjb7;d77 is amended in the first sentence by striking 1 with the assistance of the ,national ,critical ,materials ,council as specified in the ,national ,critical ,materials ,act of #aihd 7#cj ,u4,s4,c4 #ahja et seq4714 7c7 ,savings clauses 7#a7 ,in general ,nothing in this subtitle or an amendment made by this subtitle modifies any requirement or authority provided by-- 7,a7 the matter under the heading ,,geological ,,survey of the first section of the ,act of ,march #c1 #ahgi 7#dc ,u4,s4,c4 #ca7;a772 or 7,b7 the first section of ,public ,law #hg-fbf 7#dc ,u4,s4,c4 #ca7;b774 7#b7 ,potash ,nothing in this subtitle affects any aspect of ,secretarial ,order #ccbd1 issued by the ,secretary of the ,interior on ,december #c1 #bjab1 with respect to potash and oil and gas operators4 #ccab4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subtitle #ej1jjj1jjj for each of fiscal years #bjag through #bjbf4 ,e ,coal #cdja4 ,fossil energy ,section #ifa7;a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbia7;a77 is amended by adding at the end the following3 7#h7 ,improving the conversion1 use1 and storage of carbon dioxide produced from fossil fuels4 4 #cdjb4 ,establishment of coal technology program 7a7 ,repeals 7#a7 ,in general 7,a7 ,sections #ifb and #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib1 #afbic7 are repealed4 7,b7 ,subtitle ,a of title ,,iv of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeifa et seq47 is repealed4 7#b7 ,savings clause ,notwithstanding the amendments made by paragraph 7#a71 the ,secretary shall continue to manage any program activities that are outstanding as of the date of enactment of this ,act under the terms and conditions of sections #ifb and #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib1 #afbic7 or subtitle ,a of title ,,iv of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeifa et seq47 7as in effect on the day before the date of enactment of this ,act71 as applicable4 7#c7 ,conforming amendments 7,a7 ,section #gjc7;a77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbea7;a77#c77 is amended-- 7i7 in the matter preceding subparagraph 7,a71 by striking the first and second sentences2 and 7ii7 in subparagraph 7,b71 by striking including in the matter preceding clause 7i7 and all that follows through the period at the end and inserting 1 including such geologic sequestration projects as are approved by the ,secretary4 7,b7 ,section #gjd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbeb7 is amended in the first sentence by striking under section #ifc7;c77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7;c77#c771 as added by section #gjb of this subtitle1 and4 7b7 ,establishment of coal technology program 7#a7 ,in general ,the ,energy ,policy ,act of #bjje 7as amended by subsection 7a77 is amended by inserting after section #ifa 7#db ,u4,s4,c4 #afbia7 the following3 #ifb4 ,coal technology program 7a7 ,definitions ,in this section3 7#a7 ,large-scale pilot project ,the term large-scale pilot project means a pilot project that-- 7,a7 represents the scale of technology development beyond laboratory development and bench scale testing1 but not yet advanced to the point of being tested under real operational conditions at commercial scale2 7,b7 represents the scale of technology necessary to gain the operational data needed to understand the technical and performance risks of the technology before the application of that technology at commercial scale or in commercial-scale demonstration2 and 7,c7 is large enough-- 7i7 to validate scaling factors2 and 7ii7 to demonstrate the interaction between major components so that control philosophies for a new process can be developed and enable the technology to advance from large-scale pilot plant application to commercial scale demonstration or application4 7#b7 ,program ,the term program means the program established under subsection 7b74 7#c7 ,transformational technology 7,a7 ,in general ,the term transformational technology means a power generation technology that represents an entirely new way to convert energy that will enable a step change in performance1 efficiency1 and cost of electricity as compared to the technology in existence on the date of enactment of this ,act4 7,b7 ,inclusions ,the term transformational technology includes a broad range of technology improvements1 including-- 7i7 thermodynamic improvements in energy conversion and heat transfer1 including-- 7,i7 oxygen combustion2 7,,ii7 chemical looping2 and 7,,iii7 the replacement of steam cycles with supercritical carbon dioxide cycles2 7ii7 improvements in turbine technology2 7iii7 improvements in carbon capture systems technology2 and 7iv7 any other technology the ,secretary recognizes as transformational technology4 7b7 ,coal technology program 7#a7 ,in general ,the ,secretary shall establish a coal technology program to ensure the continued use of the abundant1 domestic coal resources of the ,united ,states through the development of technologies that will significantly improve the efficiency1 effectiveness1 costs1 and environmental performance of coal use4 7#b7 ,requirements ,the program shall include-- 7,a7 a research and development program2 7,b7 large-scale pilot projects2 and 7,c7 demonstration projects4 7#c7 ,program goals and objectives ,in consultation with the interested entities described in paragraph 7#d77;,c71 the ,secretary shall develop goals and objectives for the program to be applied to the technologies developed within the program1 taking into consideration the following objectives3 7,a7 ,ensure reliable1 low cost power from new and existing coal plants4 7,b7 ,achieve high conversion efficiencies4 7,c7 ,address emissions of carbon dioxide through high efficiency platforms and carbon capture from new and existing coal plants4 7,d7 ,support small-scale and modular technologies to enable incremental capacity additions and load growth and large-scale generation technologies4 7,e7 ,support flexible baseload operations for new and existing applications of coal generation4 7,f7 ,further reduce emissions of criteria pollutants and reduce the use and manage the discharge of water in power plant operations4 7,g7 ,accelerate the development of technologies that have transformational energy conversion characteristics4 7,h7 ,validate geologic storage of large volumes of anthropogenic sources of carbon dioxide and support the development of the infrastructure needed to support a carbon dioxide use and storage industry4 7,i7 ,examine methods of converting coal to other valuable products and commodities in addition to electricity4 7#d7 ,consultations required ,in carrying out the program1 the ,secretary shall-- 7,a7 undertake international collaborations1 as recommended by the ,national ,coal ,council2 7,b7 use existing authorities to encourage international cooperation2 and 7,c7 consult with interested entities1 including - 7i7 coal producers2 7ii7 industries that use coal2 7iii7 organizations that promote coal and advanced coal technologies2 7iv7 environmental organizations2 7v7 organizations representing workers2 and 7vi7 organizations representing consumers4 7c7 ,report 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the performance standards adopted under subsection 7b77#c74 7#b7 ,update ,once every #b years after the initial report is submitted under paragraph 7#a71 the ,secretary shall submit to ,congress a report describing the progress made towards achieving the objectives and performance standards adopted under subsection 7b77#c74 7d7 ,funding 7#a7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,secretary to carry out this ,act1 to remain available until expended-- 7,a7 #faj1jjj1jjj for each of fiscal years #bjag through #bjbj2 and 7,b7 #efj1jjj1jjj for fiscal year #bjba4 7#b7 ,allocations ,the amounts made available under paragraph 7#a7 shall be allocated as follows3 7,a7 ,for activities under the research and development program component described in subsection 7b77#b77;,a7-- 7i7 #bge1jjj1jjj for each of fiscal years #bjag through #bjbj2 and 7ii7 #bjj1jjj1jjj for fiscal year #bjba4 7,b7 ,for activities under the demonstration projects program component described in subsection 7b77#b77;,c7-- 7i7 #ej1jjj1jjj for each of fiscal years #bjag through #bjbj2 and 7ii7 #ge1jjj1jjj for fiscal year #bjba4 7,c7 ,for activities under the large-scale pilot projects program component described in subsection 7b77#b77;,b71 #bhe1jjj1jjj for each of fiscal years #bjag through #bjba4 4 7#b7 ,cost sharing for large-scale pilot projects ,activities under subsection 7b77#b77;,b7 shall be subject to the cost-sharing requirements of section #ihh7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7;b774 ,f ,nuclear #ceja4 ,report on fusion and fission reactor prototypes 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,national ,laboratories1 relevant ,federal agencies1 and other stakeholders1 shall submit to the ,committees on ,energy and ,natural ,resources and ,environment and ,public ,works of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report assessing the capability of the ,department to host privately funded fusion and fission reactor prototypes up to #bj megawatts thermal output and related demonstration facilities at sites owned by the ,department4 7b7 ,content ,the report submitted under subsection 7a7 shall describe the results of an assessment of-- 7#a7 the safety review1 oversight capabilities1 and potential liability of the ,department2 7#b7 potential sites capable of hosting research1 development1 and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk2 7#c7 the existing physical and technical capabilities of the ,department and the ,national ,laboratories relevant to research1 development1 and oversight2 7#d7 the efficacy of the available contractual mechanisms of the ,department1 including-- 7,a7 cooperative research and development agreements2 7,b7 work for others agreements2 and 7,c7 agreements for commercializing technology2 7#e7 potential cost structures relating to physical security1 decommissioning1 liability1 and other long-term project costs2 7#f7 the feasibility of the ,department providing technical assistance to developers of privately funded fusion and advanced fission reactors in connection with obtaining a license from the ,nuclear ,regulatory ,commission for demonstration reactors or commercial reactors of varying size and readiness levels up to #b gigawatts of thermal output2 and 7#g7 other challenges or considerations identified by the ,secretary1 including issues relating to potential cases of demonstration reactors up to #b gigawatts of thermal output4 #cejb4 ,next generation nuclear plant project ,section #fdb7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjbb7;b77 is amended-- 7#a7 by striking paragraph 7#c72 and 7#b7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively4 ,g ,workforce development #cfja4 #bast ,century ,energy ,workforce ,advisory ,board 7a7 ,establishment ,the ,secretary shall establish the #bast ,century ,energy ,workforce ,advisory ,board 7referred to in this section as the ,board71 to develop a strategy for the support and development of a skilled energy workforce that-- 7#a7 meets the current and future industry and labor needs of the energy sector2 7#b7 provides opportunities for students to become qualified for placement in traditional energy sector and clean energy sector jobs2 7#c7 aligns apprenticeship programs and workforce development programs to provide industry recognized certifications and credentials2 7#d7 encourages leaders in the education system of the ,united ,states to equip students with the skills1 mentorships1 training1 and technical expertise necessary to fill the employment opportunities vital to managing and operating the energy- and manufacturing-related industries of the ,united ,states2 7#e7 appropriately supports other ,federal agencies2 7#f7 strengthens and more fully engages workforce training programs of the ,department and the ,national ,laboratories in carrying out the ,minorities in ,energy ,initiative of the ,department and other ,department workforce priorities2 7#g7 supports the design and replication of existing model energy curricula1 particularly in new and emerging technologies1 that leads to industry-wide credentials2 7#h7 develops plans to support and retrain displaced and unemployed energy sector workers2 and 7#i7 makes a ,department priority to provide education and job training to underrepresented groups1 including ethnic minorities1 ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 women1 veterans1 and socioeconomically disadvantaged individuals4 7b7 ,membership 7#a7 ,in general ,the ,board shall be composed of #i members1 with the initial members of the ,board to be appointed by the ,secretary not later than #a year after the date of enactment of this ,act4 7#b7 ,nominations ,not later than #a year after the date of enactment of this ,act1 the ,president's ,council of ,advisors on ,science and ,technology shall nominate for appointment to the ,board under paragraph 7#a7 not less than #ah individuals who meet the qualifications described in paragraph 7#c74 7#c7 ,qualifications ,each individual nominated for appointment to the ,board under paragraph 7#a7 shall-- 7,a7 be eminent in the field of economics or workforce development2 7,b7 have expertise in relevant traditional energy industries and clean energy industries2 7,c7 have expertise in secondary and postsecondary education2 7,d7 have expertise in energy workforce development or apprentice programs of ,states and units of local government2 7,e7 have expertise in relevant organized labor organizations2 or 7,f7 have expertise in bringing underrepresented groups1 including ethnic minorities1 women1 veterans1 and socioeconomically disadvantaged individuals1 into the workforce4 7#d7 ,representation ,the membership of the ,board shall be representative of the broad range of the energy industry1 labor organizations1 workforce development1 education1 minority participation1 and economics disciplines related to activities carried out under this section4 7#e7 ,limitation ,no individual shall be nominated for appointment to the ,board who is an employee of an entity applying for a grant under section #cfjb4 7c7 ,advisory ,board ,review and ,recommendations 7#a7 ,determination by board ,in developing the strategy required under subsection 7a71 the ,board shall-- 7,a7 determine whether there are opportunities to more effectively and efficiently use the capabilities of the ,department in the development of a skilled energy workforce2 7,b7 identify ways in which the ,department could work with other relevant ,federal agencies1 ,states1 units of local government1 educational institutions1 labor1 and industry in the development of a skilled energy workforce2 7,c7 identify ways in which the ,department and ,national ,laboratories can-- 7i7 increase outreach to minority-serving institutions2 and 7ii7 make resources available to increase the number of skilled minorities and women trained to go into the energy- and manufacturing-related sectors2 7,d7 identify ways in which the ,department and ,national ,laboratories can -- 7i7 increase outreach to displaced and unemployed energy sector workers2 and 7ii7 make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce2 and 7,e7 identify the energy sectors in greatest need of workforce training and develop guidelines for the skills necessary to develop a workforce trained to work in those energy sectors4 7#b7 ,required analysis ,in developing the strategy required under subsection 7a71 the ,board shall analyze the effectiveness of-- 7,a7 existing ,department directed support2 and 7,b7 developing energy workforce training programs4 7#c7 ,report ,not later than #a year after the date on which the ,board is established under this section1 and each year thereafter1 the ,board shall submit to the ,secretary and ,congress1 and make public1 a report containing the findings of the ,board and model energy curricula with respect to the strategy required to be developed under subsection 7a74 7d7 ,report by ,secretary ,not later than #ah months after the date on which the ,board is established under this section1 the ,secretary shall submit to the ,committees on ,appropriations of ,senate and the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7#a7 describes whether the ,secretary approves or disapproves the recommendations of the ,board under subsection 7c77#c72 and 7#b7 provides an implementation plan for recommendations approved by the ,board under paragraph 7#a74 7e7 ,clearinghouse ,based on the recommendations of the ,board1 the ,secretary shall establish a clearinghouse-- 7#a7 to maintain and update information and resources on training and workforce development programs for energy- and manufacturing-related jobs2 and 7#b7 to act as a resource1 and provide guidance1 for secondary schools1 institutions of higher education 7including community colleges and minority-serving institutions71 workforce development organizations1 labor management organizations1 and industry organizations that would like to develop and implement energy- and manufacturing-related training programs4 7f7 ,sunset ,the ,board established under this section shall remain in effect until ,september #cj1 #bjbj4 #cfjb4 ,energy workforce pilot grant program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,education1 shall establish a pilot program to award grants on a competitive basis to eligible entities for job training programs that lead to an industry-recognized credential4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 an entity shall be a public or nonprofit organization or a consortium of public or nonprofit organizations that-- 7#a7 includes an advisory board of proportional participation1 as determined by the ,secretary1 of relevant organizations1 including-- 7,a7 relevant energy industry organizations1 including public and private employers2 7,b7 labor organizations2 7,c7 postsecondary education organizations2 and 7,d7 workforce development boards2 7#b7 demonstrates experience in implementing and operating job training and education programs2 7#c7 demonstrates the ability to recruit and support individuals who plan to work in the energy industry in the successful completion of relevant job training and education programs2 and 7#d7 provides students who complete the job training and education program with an industry-recognized credential4 7c7 ,applications ,eligible entities desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,priority ,in selecting eligible entities to receive grants under this section1 the ,secretary shall prioritize applicants that-- 7#a7 house the job training and education programs in-- 7,a7 a community college or institution of higher education that includes basic science and math education in the curriculum of the community college1 institution of higher education2 or 7,b7 an apprenticeship program registered with the ,department of ,labor or a ,state2 7#b7 work with the ,secretary of ,defense or veterans organizations to transition members of the ,armed ,forces and veterans to careers in the energy sector2 7#c7 work with ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b772 7#d7 apply as a ,state or regional consortia to leverage best practices already available in the ,state or region in which the community college or institution of higher education is located2 7#e7 have a ,state-supported entity included in the consortium applying for the grant2 7#f7 include an apprenticeship program registered with the ,department of ,labor or a ,state as part of the job training and education program2 7#g7 provide support services and career coaching2 7#h7 provide introductory energy workforce development training2 7#i7 work with minority-serving institutions to provide job training to increase the number of skilled minorities and women in the energy sector2 or 7#aj7 provide job training for displaced and unemployed workers in the energy sector4 7e7 ,additional consideration ,in making grants under this section1 the ,secretary shall consider regional diversity4 7f7 ,limitation on applications ,an eligible entity may not submit1 either individually or as part of a joint application1 more than #a application for a grant under this section during any #a fiscal year4 7g7 ,limitations on amount of grant ,the amount of an individual grant for any #a year shall not exceed #a1jjj1jjj4 7h7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the cost of a job training and education program carried out using a grant under this section shall be not greater than #fe percent4 7#b7 ,non-,federal share 7,a7 ,in general ,the non-,federal share of the cost of a job training and education program carried out using a grant under this section shall consist of not less than #ej percent cash4 7,b7 ,limitation ,not greater than #ej percent of the non-,federal contribution of the total cost of a job training and education program carried out using a grant under this section shall be in the form of in-kind contributions of goods or services fairly valued4 7i7 ,reduction of duplication ,prior to submitting an application for a grant under this section1 each applicant shall consult with the appropriate agencies of the ,federal ,government and coordinate the proposed activities of the applicant with existing ,state and local programs4 7j7 ,technical assistance ,the ,secretary shall provide technical assistance and capacity building to national and ,state energy partnerships1 including the entities described in subsection 7b77#a71 to leverage the existing job training and education programs of the ,department4 7k7 ,report ,the ,secretary shall submit to ,congress and make publicly available on the website of the ,department an annual report on the program established under this section1 including a description of-- 7#a7 the entities receiving grants2 7#b7 the activities carried out using the grants2 7#c7 best practices used to leverage the investment of the ,federal ,government2 7#d7 the rate of employment for participants after completing a job training and education program carried out using a grant2 and 7#e7 an assessment of the results achieved by the program4 7l7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for each of fiscal years #bjag through #bjbj4 ,h ,recycling #cgja4 ,recycled carbon fiber 7a7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study on-- 7,a7 the technology of recycled carbon fiber and production waste carbon fiber2 and 7,b7 the potential lifecycle energy savings and economic impact of recycled carbon fiber4 7#b7 ,factors for consideration ,in conducting the study under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the quantity of recycled carbon fiber or production waste carbon fiber that would make the use of recycled carbon fiber or production waste carbon fiber economically viable2 7,b7 any existing or potential barriers to recycling carbon fiber or using recycled carbon fiber2 7,c7 any financial incentives that may be necessary for the development of recycled carbon fiber or production waste carbon fiber2 7,d7 the potential lifecycle savings in energy from producing recycled carbon fiber1 as compared to producing new carbon fiber2 7,e7 the best and highest use for recycled carbon fiber2 7,f7 the potential reduction in carbon dioxide emissions from producing recycled carbon fiber1 as compared to producing new carbon fiber2 7,g7 any economic benefits gained from using recycled carbon fiber or production waste carbon fiber2 7,h7 workforce training and skills needed to address labor demands in the development of recycled carbon fiber or production waste carbon fiber2 and 7,i7 how the ,department can leverage existing efforts in the industry on the use of production waste carbon fiber4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study conducted under paragraph 7#a74 7b7 ,recycled carbon fiber demonstration project ,on completion of the study required under subsection 7a77#a71 the ,secretary shall consult with the aviation and automotive industries and existing programs of the ,advanced ,manufacturing ,office of the ,department to develop a carbon fiber recycling demonstration project4 7c7 ,authorization of ,appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj1 to remain available until expended4 #cgjb4 ,energy generation and regulatory relief study regarding recovery and conversion of nonrecycled mixed plastics 7a7 ,definitions ,in this section3 7#a7 ,engineered fuel ,the term engineered fuel means a solid fuel that is manufactured from nonrecycled constituents of municipal solid waste or other secondary materials4 7#b7 ,gasification ,the term gasification means a process through which nonrecycled waste is heated and converted to synthesis gas in an oxygen-deficient atmosphere1 which can be converted into fuels such as ethanol or other chemical feedstocks4 7#c7 ,pyrolysis ,the term pyrolysis means a process through which nonrecycled plastics are heated in the absence of oxygen until melted and thermally decomposed1 and are then cooled1 condensed1 and converted into synthetic crude oil or refined into synthetic fuels and feedstocks such as diesel or naphtha4 7b7 ,study ,with respect to nonrecycled mixed plastics that are part of municipal solid waste or other secondary materials in the ,united ,states 7and are often deposited in landfills71 the ,secretary shall conduct a study to determine the manner in which the ,united ,states can make progress toward a cost-effective system 7including with respect to environmental issues7 through which pyrolysis1 gasification1 and other innovative technologies such as engineered fuels are used to convert such plastics1 alone or in combination with other municipal solid waste or secondary materials1 into materials that can be used to generate electric energy or fuels or as chemical feedstocks4 7c7 ,completion of study ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall complete the study described in subsection 7b7 and submit to the appropriate committees of ,congress reports providing findings and recommendations developed through the study4 7d7 ,funding ,the ,secretary may use unobligated funds of the ,department to carry out this section4 #cgjc4 ,eligible projects ,section #agjc7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b77#a77 is amended by inserting 7excluding the burning of commonly recycled paper that has been segregated from solid waste to generate electricity7 after systems4 ,,iv ,accountability ,a ,loan programs #djja4 ,terms and conditions for incentives for innovative technologies 7a7 ,borrower payment of subsidy cost 7#a7 ,in general ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended by adding at the end the following3 7l7 ,borrower payment of subsidy cost 7#a7 ,in general ,in addition to the requirement in subsection 7b77#a71 no guarantee shall be made unless the ,secretary has received from the borrower not less than #be percent of the cost of the guarantee4 7#b7 ,estimate ,the ,secretary shall provide to the borrower1 as soon as practicable1 an estimate or range of the cost of the guarantee under paragraph 7#a74 4 7#b7 ,conforming amendment ,section #agjb7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;b77 is amended-- 7,a7 by striking 7#a7 ,in general4--,no guarantee and inserting the following3 ,subject to subsection 7l71 no guarantee2 7,b7 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as paragraphs 7#a71 7#b71 and 7#c71 respectively1 and indenting appropriately2 and 7,c7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7ii7 by striking subparagraph 7,b7 and inserting paragraph 7#b74 7b7 ,prohibition on subordination of debt ,section #agjb7;d77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;d77#c77 is amended by striking is not subordinate and inserting 7including any reorganization1 restructuring1 or termination of the obligation7 shall not at any time be subordinate4 7c7 ,loan program transparency ,section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 is amended by adding at the end the following3 7f7 ,loan status 7#a7 ,request ,if the ,secretary does not make a final decision on an application for a loan guarantee under this section by the date that is #bgj days after receipt of the application by the ,secretary1 on that date and every #ij days thereafter until the final decision is made1 the applicant may request that the ,secretary provide to the applicant a description of the status of the application4 7#b7 ,response ,not later than #aj days after receiving a request from an applicant under paragraph 7#a71 the ,secretary shall provide to the applicant a response that includes-- 7,a7 a summary of any factors that are delaying a final decision on the application2 and 7,b7 an estimate of when review of the application will be completed4 4 7d7 ,temporary program for rapid deployment of renewable energy and electric power transmission projects 7#a7 ,repeal ,section #agje of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaf7 is repealed4 7#b7 ,rescission ,there is rescinded the unobligated balance of amounts made available to carry out the loan guarantee program established under section #agje of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaf7 7before the amendment made by paragraph 7#a774 7#c7 ,management ,the ,secretary shall ensure rigorous continued management and oversight of all outstanding loans guaranteed under the program described in subsection 7b7 until those loans have been repaid in full4 #djjb4 ,state loan eligibility 7a7 ,definitions ,section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7 is amended by adding at the end the following3 7#f7 ,state ,the term ,state has the meaning given the term in section #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb74 7#g7 ,state energy financing institution 7,a7 ,in general ,the term ,state energy financing institution means a quasi-independent entity or an entity within a ,state agency or financing authority established by a ,state-- 7i7 to provide financing support or credit enhancements1 including loan guarantees and loan loss reserves1 for eligible projects2 and 7ii7 to create liquid markets for eligible projects1 including warehousing and securitization1 or take other steps to reduce financial barriers to the deployment of existing and new eligible projects4 7,b7 ,inclusion ,the term ,state energy financing institution includes an entity or organization established to achieve the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by an ,indian tribal entity or an ,alaska ,native ,corporation4 4 7b7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 7as amended by section #djja7;a77#a77 is amended-- 7#a7 in subsection 7a71 by inserting or to a ,state energy financing institution after for projects2 and 7#b7 by adding at the end the following3 7m7 ,state energy financing institutions 7#a7 ,eligibility ,to be eligible for a guarantee under this title1 a ,state energy financing institution-- 7,a7 shall meet the requirements of section #agjc7;a77#a72 and 7,b7 shall not be required to meet the requirements of section #agjc7;a77#b74 7#b7 ,partnerships authorized ,in carrying out a project receiving a loan guarantee under this title1 ,state energy financing institutions may enter into partnerships with private entities1 tribal entities1 and ,alaska ,native corporations4 4 #djjc4 ,,gao ,study on fossil loan guarantee incentive program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress a report describing the results of1 a study on the effectiveness of the advanced fossil loan guarantee incentive program and other incentive programs for advanced fossil energy of the ,department4 7b7 ,contents ,in carrying out the study under subsection 7a71 the ,comptroller ,general of the ,united ,states shall-- 7#a7 solicit industry and stakeholder input2 7#b7 evaluate the effectiveness of the advanced fossil loan guarantee incentive program1 alone or in combination with other incentives1 in advancing carbon capture and storage technology2 7#c7 review each ,federal incentive provided by the ,department and other ,federal agencies for carbon capture and storage demonstration projects to determine the adequacy and effectiveness of the combined ,federal incentives in advancing carbon capture and storage and advanced fossil energy technologies2 7#d7 assess whether combinations of the incentive programs in existence as of the date of enactment of this ,act could be effective to advance carbon capture and storage and advanced fossil energy technologies2 and 7#e7 evaluate the impact and costs of implementing the recommendations described in the ,january #bjae ,national ,coal ,council report entitled ,fossil ,forward3 ,revitalizing ,,ccs1 ,bringing ,scale and ,speed to ,,ccs ,deployment on the effectiveness of the advanced fossil loan guarantee program4 #djjd4 ,program eligibility for vessels ,subtitle ,b of title ,i of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjaa et seq47 is amended by adding at the end the following3 #acg4 ,advanced technology vehicles manufacturing incentive program eligibility for vessels 7a7 ,definition of vessel ,in this section1 the term vessel means a vessel 7as defined in section #c of title #a1 ,united ,states ,code71 whether in existence or under construction1 that has been issued a certificate of documentation as a ,united ,states flagged vessel under chapter #aba of title #df1 ,united ,states ,code and that meets the standards established under section #djje7;a7 of the ,energy ,policy ,modernization ,act of #bjae4 7b7 ,eligibility ,subject to the terms and conditions of subsections 7d7 and 7f7 of section #acf1 projects for the reequipping1 expanding1 or establishing of a manufacturing facility in the ,united ,states to produce vessels shall be considered eligible for direct loans under section #acf7;d74 7c7 ,funding 7#a7 ,prohibition on use of existing credit subsidy ,none of the projects made eligible under this section shall be eligible to receive any credit subsidy provided under section #acf before the date of enactment of this section4 7#b7 ,specific appropriation or contribution ,the authority under this section to incur indebtedness1 or enter into contracts1 obligating amounts to be expended by the ,federal ,government shall be effective for any fiscal year only-- 7,a7 7i7 to such extent or in such amounts as are provided in advance by appropriation ,acts2 and 7ii7 if the borrower has agreed to pay a reasonable percentage of the cost of the obligation2 or 7,b7 if the ,secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the ,treasury4 4 #djje4 ,additional reforms 7a7 ,issuance of rule ,not later than #ahj days after the date of enactment of this ,act and after consultation with1 and taking into account comments from1 the vessel industry1 the ,secretary shall issue a rule that specifies which energy efficiency improvement standards shall apply to applicants for loans under section #acg of the ,energy ,independence and ,security ,act of #bjjg 7as added by section #djjd7 for the manufacturing1 retrofitting1 or repowering vessels that have been issued certificates of documentation as ,united ,states flagged vessels under chapter #aba of title #df1 ,united ,states ,code4 7b7 ,fees ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,fees 7#a7 ,in general ,the ,secretary shall charge and collect fees for loans provided under this section in amounts that the ,secretary determines are sufficient to cover applicable administrative expenses associated with the loans1 including reasonable closing fees on the loans4 7#b7 ,availability ,fees collected under paragraph 7#a7 shall-- 7,a7 be deposited by the ,secretary into the ,treasury2 and 7,b7 remain available until expended1 subject to such other conditions as are contained in annual appropriations ,acts4 4 #djjf4 ,department of ,energy ,indian energy education planning and management assistance program ,section #bfjb7;b77#f7 of the ,energy ,policy ,act of #aiib 7#be ,u4,s4,c4 #cejb7;b77#f77 is amended by striking #bjaf and inserting #bjbf4 ,b ,energy-,water nexus #daja4 ,nexus of energy and water for sustainability 7a7 ,definitions ,in this section3 7#a7 ,energy-water nexus ,the term energy-water nexus means the links between-- 7,a7 the water needed to produce fuels1 electricity1 and other forms of energy2 and 7,b7 the energy needed to transport1 reclaim1 and treat water and wastewater4 7#b7 ,interagency coordination committee ,the term ,interagency ,coordination ,committee means the ,committee on the ,nexus of ,energy and ,water for ,sustainability 7or the ,,news ,committee7 established under subsection 7b77#a74 7#c7 ,nexus of energy and water sustainability office2 ,,news ,office ,the term ,nexus of ,energy and ,water ,sustainability ,office or the ,,news ,office means an office located at the ,department and managed in cooperation with the ,department of the ,interior pursuant to an agreement between the #b agencies to carry out leadership and administrative functions for the ,interagency ,coordination ,committee4 7#d7 ,,rd,d activities ,the term ,,rd,d activities means research1 development1 and demonstration activities4 7b7 ,interagency coordination committee 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary and the ,secretary of the ,interior shall establish the joint ,,news ,office and ,interagency ,coordination ,committee on the ,nexus of ,energy and ,water for ,sustainability 7or the ,,news ,committee7 to carry out the duties described in paragraph 7#c74 7#b7 ,administration 7,a7 ,chairs ,the ,secretary and the ,secretary of the ,interior shall jointly manage the ,,news ,office and serve as co-chairs of the ,interagency ,coordination ,committee4 7,b7 ,membership2 staffing ,membership and staffing shall be determined by the co-chairs4 7#c7 ,duties ,the ,interagency ,coordination ,committee shall-- 7,a7 serve as a forum for developing common ,federal goals and plans on energy-water nexus ,,rd,d activities in coordination with the ,national ,science and ,technology ,council2 7,b7 not later than #a year after the date of enactment of this ,act1 and biannually thereafter1 issue a strategic plan on energy-water nexus ,,rd,d activities priorities and objectives2 7,c7 convene and promote coordination of the activities of ,federal departments and agencies on energy-water nexus ,,rd,d activities1 including the activities of-- 7i7 the ,department2 7ii7 the ,department of the ,interior2 7iii7 the ,corps of ,engineers2 7iv7 the ,department of ,agriculture2 7v7 the ,department of ,defense2 7vi7 the ,department of ,state2 7vii7 the ,environmental ,protection ,agency2 7viii7 the ,council on ,environmental ,quality2 7ix7 the ,national ,institute of ,standards and ,technology2 7x7 the ,national ,oceanic and ,atmospheric ,administration2 7xi7 the ,national ,science ,foundation2 7xii7 the ,office of ,management and ,budget2 7xiii7 the ,office of ,science and ,technology ,policy2 7xiv7 the ,national ,aeronautics and ,space ,administration2 and 7xv7 such other ,federal departments and agencies as the ,interagency ,coordination ,committee considers appropriate2 7,d7 7i7 coordinate and develop capabilities and methodologies for data collection1 management1 and dissemination of information related to energy-water nexus ,,rd,d activities from and to other ,federal departments and agencies2 and 7ii7 promote information exchange between ,federal departments and agencies-- 7,i7 to identify and document ,federal and non-,federal programs and funding opportunities that support basic and applied research1 development1 and demonstration proposals to advance energy-water nexus related science and technologies2 7,,ii7 to leverage existing programs by encouraging joint solicitations1 block grants1 and matching programs with non-,federal entities2 and 7,,iii7 to identify opportunities for domestic and international public-private partnerships1 innovative financing mechanisms1 information and data exchange2 7,e7 promote the integration of energy-water nexus considerations into existing ,federal water1 energy1 and other natural resource1 infrastructure1 and science programs at the national and regional levels and with programs administered in partnership with non-,federal entities2 and 7,f7 not later than #a year after the date of enactment of this ,act1 issue a report on the potential benefits and feasibility of establishing an energy-water center of excellence within the ,national ,laboratories 7as that term is defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja774 7#d7 ,no regulation ,nothing in this subsection grants to the ,interagency ,coordination ,committee the authority to promulgate regulations or set standards4 7#e7 ,review2 report ,at the end of the #e-year period beginning on the date on which the ,interagency ,coordination ,committee and ,,news ,office are established1 the ,,news ,office shall-- 7,a7 review the activities1 relevance1 and effectiveness of the ,interagency ,coordination ,committee2 and 7,b7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives a report that-- 7i7 describes the results of the review conducted under subparagraph 7,a72 and 7ii7 includes a recommendation on whether the ,interagency ,coordination ,committee should continue4 7c7 ,crosscut budget ,not later than #cj days after the ,president submits the budget of the ,united ,states ,government under section #aaje of title #ca1 ,united ,states ,code1 the co-chairs of the ,interagency ,coordination ,committee 7acting through the ,,news ,office7 shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,science1 ,space1 and ,technology1 ,energy and ,commerce1 and ,natural ,resources of the ,house of ,representatives1 an interagency budget crosscut report that displays at the program-1 project-1 and activity-level for each of the ,federal agencies that carry out or support 7including through grants1 contracts1 interagency and intraagency transfers1 and multiyear and no-year funds7 basic and applied ,,rd,d activities to advance the energy-water nexus related science and technologies-- 7#a7 the budget proposed in the budget request of the ,president for the upcoming fiscal year2 7#b7 expenditures and obligations for the prior fiscal year2 and 7#c7 estimated expenditures and obligations for the current fiscal year4 #dajb4 ,smart energy and water efficiency pilot program ,subtitle ,a of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaia et seq47 is amended by adding at the end the following3 #iah4 ,smart energy and water efficiency pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a utility2 7,b7 a municipality2 7,c7 a water district2 7,d7 an ,indian tribe or ,alaska ,native village2 and 7,e7 any other authority that provides water1 wastewater1 or water reuse services4 7#b7 ,smart energy and water efficiency pilot program ,the term smart energy and water efficiency pilot program or pilot program means the pilot program established under subsection 7b74 7b7 ,smart energy and water efficiency pilot program 7#a7 ,in general ,the ,secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section4 7#b7 ,purpose ,the purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate unique1 advanced1 or innovative technology-based solutions that will-- 7,a7 increase the energy efficiency of water1 wastewater1 and water reuse systems2 7,b7 improve energy efficiency of water1 wastewater1 and water reuse systems to help communities across the ,united ,states make measurable progress in conserving water1 saving energy1 and reducing costs2 7,c7 support the implementation of innovative and unique processes and the installation of established advanced automated systems that provide real-time data on energy and water2 and 7,d7 improve energy-water conservation and quality and predictive maintenance through technologies that utilize internet connected technologies1 including sensors1 intelligent gateways1 and security embedded in hardware4 7#c7 ,project selection 7,a7 ,in general ,the ,secretary shall make competitive1 merit-reviewed grants under the pilot program to not less than #c1 but not more than #e1 eligible entities4 7,b7 ,selection criteria ,in selecting an eligible entity to receive a grant under the pilot program1 the ,secretary shall consider-- 7i7 energy and cost savings2 7ii7 the uniqueness1 commercial viability1 and reliability of the technology to be used2 7iii7 the degree to which the project integrates next-generation sensors software1 analytics1 and management tools2 7iv7 the anticipated cost-effectiveness of the pilot project through measurable energy efficiency savings1 water savings or reuse1 and infrastructure costs averted2 7v7 whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented in a wide range of applications ranging in scale from small towns to large cities1 including tribal communities2 7vi7 whether the technology has been successfully deployed elsewhere2 7vii7 whether the technology was sourced from a manufacturer based in the ,united ,states2 and 7viii7 whether the project will be completed in #e years or less4 7,c7 ,applications 7i7 ,in general ,subject to clause 7ii71 an eligible entity seeking a grant under the pilot program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,contents ,an application under clause 7i7 shall1 at a minimum1 include-- 7,i7 a description of the project2 7,,ii7 a description of the technology to be used in the project2 7,,iii7 the anticipated results1 including energy and water savings1 of the project2 7,,iv7 a comprehensive budget for the project2 7,v7 the names of the project lead organization and any partners2 7,,vi7 the number of users to be served by the project2 7,,vii7 a description of the ways in which the proposal would meet performance measures established by the ,secretary2 and 7,,viii7 any other information that the ,secretary determines to be necessary to complete the review and selection of a grant recipient4 7#d7 ,administration 7,a7 ,in general ,not later than #cjj days after the date of enactment of this section1 the ,secretary shall select grant recipients under this section4 7,b7 ,evaluations 7i7 ,annual evaluations ,the ,secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that meets performance measures and benchmarks developed by the ,secretary1 consistent with the purposes of this section4 7ii7 ,requirements ,consistent with the performance measures and benchmarks developed under clause 7i71 in carrying out an evaluation under that clause1 the ,secretary shall -- 7,i7 evaluate the progress and impact of the project2 and 7,,ii7 assesses the degree to which the project is meeting the goals of the pilot program4 7,c7 ,technical and policy assistance ,on the request of a grant recipient1 the ,secretary shall provide technical and policy assistance4 7,d7 ,best practices ,the ,secretary shall make available to the public through the ,internet and other means the ,secretary considers to be appropriate-- 7i7 a copy of each evaluation carried out under subparagraph 7,b72 and 7ii7 a description of any best practices identified by the ,secretary as a result of those evaluations4 7,e7 ,report to congress ,the ,secretary shall submit to ,congress a report containing the results of each evaluation carried out under subparagraph 7,b74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ae1jjj1jjj1 to remain available until expended4 4 ,c ,innovation #dbja4 ,america ,,competes programs 7a7 ,basic research ,section #iga7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcaa7;b77 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#h7 #e1bga1jjj1jjj for fiscal year #bjaf2 7#i7 #e1dhe1jjj1jjj for fiscal year #bjag2 7#aj7 #e1gjd1jjj1jjj for fiscal year #bjah2 7#aa7 #e1icb1jjj1jjj for fiscal year #bjai2 and 7#ab7 #f1agh1jjj1jjj for fiscal year #bjbj4 4 7b7 ,advanced ,research ,projects ,agency-,energy ,section #ejab of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afech7 is amended-- 7#a7 in subsection 7a77#c71 by striking subsection 7n77#a7 and inserting subsection 7o77#a72 7#b7 in subsection 7i71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,to the maximum extent practicable1 the ,director shall ensure that-- 7,a7 the activities of ,,arpa-,e are coordinated with1 and do not duplicate the efforts of1 programs and laboratories within the ,department and other relevant research agencies2 and 7,b7 ,,arpa-,e does not provide funding for a project unless the prospective grantee demonstrates sufficient attempts to secure private financing or indicates that the project is not independently commercially viable4 2 7#c7 by redesignating subsection 7n7 as subsection 7o72 7#d7 by inserting after subsection 7m7 the following3 7n7 ,protection of information ,the following types of information collected by the ,,arpa-,e from recipients of financial assistance awards shall be considered commercial and financial information obtained from a person and privileged or confidential and not subject to disclosure under section #eeb7;b77#d7 of title #e1 ,united ,states ,code3 7#a7 ,plans for commercialization of technologies developed under the award1 including business plans1 technology-to-market plans1 market studies1 and cost and performance models4 7#b7 ,investments provided to an awardee from third parties 7such as venture capital firms1 hedge funds1 and private equity firms71 including amounts and the percentage of ownership of the awardee provided in return for the investments4 7#c7 ,additional financial support that the awardee-- 7,a7 plans to or has invested into the technology developed under the award2 or 7,b7 is seeking from third parties4 7#d7 ,revenue from the licensing or sale of new products or services resulting from research conducted under the award4 2 and 7#e7 in subsection 7o7 7as redesignated by paragraph 7#c77-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking paragraphs 7#d7 and 7#e7 and inserting paragraph 7#d72 7ii7 in subparagraph 7,d71 by striking and at the end2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7,f7 #bia1bjj1jjj for fiscal year #bjaf2 7,g7 #cjc1fjj1jjj for fiscal year #bjag2 7,h7 #cad1gjj1jjj for fiscal year #bjah2 7,i7 #cbg1cjj1jjj for fiscal year #bjai2 and 7,j7 #cdj1fjj1jjj for fiscal year #bjbj 4 2 and 7,b7 in paragraph 7#d77;,b71 by striking 7c77#b77;,d7 and inserting 7c77#b77;,c74 #dbjb4 ,inclusion of early stage technology demonstration in authorized technology transfer activities ,section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,early stage technology demonstration ,the ,secretary shall permit the directors of the ,national ,laboratories to use funds authorized to support technology transfer within the ,department to carry out early stage and precommercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from ,national ,laboratory activities4 4 #dbjc4 ,supporting access of small business concerns to ,national ,laboratories 7a7 ,definitions ,in this section3 7#a7 ,national laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#b7 ,small business concern ,the term small business concern has the same meaning as in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7b7 ,actions for increased access at national laboratories for small business concerns ,to promote the technology transfer of innovative energy technologies and enhance the competitiveness of the ,united ,states1 the ,secretary shall take such actions as are appropriate to facilitate access to the ,national ,laboratories for small business concerns4 7c7 ,information on the ,,doe website relating to national laboratory programs available to small business concerns 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,directors of the ,national ,laboratories1 shall-- 7,a7 publish in a consolidated manner on the website of the ,department information relating to ,national ,laboratory programs that are available to small business concerns2 7,b7 provide for the information published under subparagraph 7,a7 to be kept up-to-date2 and 7,c7 include in the information published under subparagraph 7,a71 information on each available program under which small business concerns are eligible to enter into agreements to work with the ,national ,laboratories4 7#b7 ,components ,the information published on the ,department website under paragraph 7#a7 shall include-- 7,a7 a brief description of each agreement available to small business concerns to work with ,national ,laboratories2 7,b7 a step-by-step guide for completing agreements to work with ,national ,laboratories2 7,c7 best practices for working with ,national ,laboratories2 7,d7 individual ,national ,laboratory websites that provide information specific to technology transfer and working with small business concerns2 7,e7 links to funding opportunity announcements1 nonfinancial resources1 and other programs available to small business concerns2 and 7,f7 any other information that the ,secretary determines to be appropriate4 7#c7 ,accessibility ,the information published on the ,department website under paragraph 7#a7 shall be-- 7,a7 readily accessible and easily found on the ,internet by the public and members and committees of ,congress2 and 7,b7 presented in a searchable1 machine-readable format4 7#d7 ,guidance ,the ,secretary shall issue ,departmental guidance to ensure that the information published on the ,department website under paragraph 7#a7 is provided in a manner that presents a coherent picture of all ,national ,laboratory programs that are relevant to small business concerns4 #dbjd4 ,microlab technology commercialization 7a7 ,definitions ,in this section3 7#a7 ,microlab ,the term microlab means a small laboratory established by the ,secretary under subsection 7b74 7#b7 ,national ,laboratory ,the term national laboratory means-- 7,a7 a ,national ,laboratory1 as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja72 and 7,b7 a national security laboratory1 as defined in section #cbha of the ,national ,nuclear ,security ,administration ,act 7#ej ,u4,s4,c4 #bdga74 7b7 ,establishment of microlab program 7#a7 ,in general ,the ,secretary1 in collaboration with the directors of national laboratories1 may establish a microlab program under which the ,secretary establishes microlabs that are located in close proximity to national laboratories and that are accessible to the public for the purposes of-- 7,a7 enhancing collaboration with regional research groups1 such as institutions of higher education and industry groups2 7,b7 accelerating technology transfer from national laboratories to the marketplace2 and 7,c7 promoting regional workforce development through science1 technology1 engineering1 and mathematics 7,,stem7 instruction and training4 7#b7 ,criteria ,in determining the placement of microlabs under paragraph 7#a71 the ,secretary shall consider-- 7,a7 the commitment of a national laboratory to establishing a microlab2 7,b7 the existence of a joint research institute or a new facility that-- 7i7 is not on the main site of a national laboratory2 7ii7 is in close proximity to a national laboratory2 and 7iii7 has the capability to house a microlab2 7,c7 whether employees of a national laboratory and persons from academia1 industry1 and government are available to be assigned to the microlab2 and 7,d7 cost-sharing or in-kind contributions from ,state and local governments and private industry4 7#c7 ,timing ,if the ,secretary1 in collaboration with the directors of national laboratories1 elects to establish a microlab program under this subsection1 the ,secretary1 in collaboration with the directors of national laboratories1 shall-- 7,a7 not later than #fj days after the date of enactment of this ,act1 begin the process of determining the placement of microlabs under paragraph 7#a72 and 7,b7 not later than #ahj days after the date of enactment of this ,act1 implement the microlab program under this subsection4 7c7 ,reports 7#a7 ,initial report ,not later than #fj days after the date of implementation of the microlab program under subsection 7b71 the ,secretary shall submit to the ,committee on ,armed ,services of the ,senate1 the ,committee on ,armed ,services of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that provides an update on the implementation of the microlab program under subsection 7b74 7#b7 ,progress report ,not later than #a year after the date of implementation of the microlab program under subsection 7b71 the ,secretary shall submit to the ,committee on ,armed ,services of the ,senate1 the ,committee on ,armed ,services of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report on the microlab program under subsection 7b71 including findings and recommendations of the ,secretary4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #ej1jjj1jjj for fiscal year #bjaf4 ,d ,grid reliability #dcja4 ,bulk-power system reliability impact statement 7a7 ,reliability reports ,section #bae7;g7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7g77 is amended-- 7#a7 by striking ,the ,,ero and inserting the following3 7#a7 ,in general ,the ,,ero 2 and 7#b7 by adding at the end the following3 7#b7 ,regional entities ,not later than #ahj days after the date of enactment of this paragraph and not less than every #c years thereafter1 each regional entity shall submit to the appropriate committees of ,congress and the ,commission a report that describes1 as of the date of the report-- 7,a7 the state of and prospects for the reliability of electricity within the geographic area covered by the regional entity2 and 7,b7 the most significant risks to the reliability of the bulk-power system that might arise or need to be monitored within the geographic area covered by the regional entity1 including risks from proposed or final ,federal regulations4 4 7b7 ,reliability impact statement ,section #bae of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7 is amended by adding at the end the following3 7l7 ,reliability impact statement 7#a7 ,solicitation by commission ,not later than #ae days after the date on which the head of a ,federal agency proposes a major rule 7as defined in section #hjd of title #e1 ,united ,states ,code7 that may significantly affect the reliable operation of the bulk-power system1 the ,commission shall solicit from any applicable regional entity affected by the proposed rule a reliability impact statement with respect to the proposed rule4 7#b7 ,voluntary submission by regional entity ,a regional entity may prepare1 on the initiative of the regional entity1 a reliability impact statement for any proposed major ,federal rule that the regional entity determines would significantly affect the reliable operation of the bulk-power system within the area covered by the regional entity4 7#c7 ,multijurisdictional coordination ,if a proposed rule subject to a reliability impact statement under paragraph 7#a7 or 7#b7 affects an area broader than the area covered by a single regional entity1 the ,,ero shall convene a committee of the affected regional entities to produce a single reliability impact statement that demonstrates for each affected area the reliability impact of the proposed rule4 7#d7 ,requirements ,a reliability impact statement under paragraph 7#a7 or 7#b7 shall include a detailed statement on-- 7,a7 the impact of the proposed rule on the reliable operation of the bulk-power system2 7,b7 any adverse effects on the reliable operation of the bulk-power system if the proposed rule was implemented2 and 7,c7 alternatives to cure the identified adverse reliability impacts1 including1 at the discretion of the regional entity1 a no-action alternative4 7#e7 ,submission to commission ,on completion of a reliability impact statement under paragraph 7#a7 or 7#b71 the regional entity or a committee of affected regional entities convened under paragraph 7#c7 shall submit to the ,commission the reliability impact statement4 7#f7 ,transmittal to head of ,federal agency ,on receipt of a reliability impact statement submitted to the ,commission under paragraph 7#e71 the ,commission shall transmit to the head of the applicable ,federal agency the reliability impact statement prepared under this subsection for inclusion in the public record4 7#g7 ,inclusion of detailed response in final rule ,with respect to a final major rule subject to a reliability impact statement prepared under paragraph 7#a7 or 7#b71 the head of the ,federal agency shall-- 7,a7 consider the reliability impact statement2 7,b7 give due weight to the technical expertise of the regional entity with respect to matters that are the subject of the reliability impact statement2 and 7,c7 include in the final rule a detailed response to the reliability impact statement that reasonably addresses the detailed statements required under paragraph 7#d74 4 #dcjb4 ,report by transmission organizations on diversity of supply 7a7 ,definitions ,in this section3 7#a7 ,electric generating capacity resource 7,a7 ,in general ,the term electric generating capacity resource means an electric generating resource1 as measured by the maximum load-carrying ability of the resource1 exclusive of station use and planned1 unplanned1 or other outage or derating subject to dispatch by the transmission organization to meet the resource adequacy needs of the systems operated by the transmission organization4 7,b7 ,effect ,the term electric generating capacity resource does not address non-electric generating resources that are qualified as capacity resources in the tariffs of various transmission organizations as of the date of enactment of this ,act4 7#b7 ,transmission organization ,the term transmission organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,report 7#a7 ,notice ,not later than #ad days after the date of enactment of this ,act1 the ,commission 7as the term is defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif77 shall submit to each transmission organization that has a tariff on file with the ,commission that includes provisions addressing the procurement of electric generating capacity resources1 a notice that the transmission organization is required to file with the ,commission a report in accordance with paragraph 7#b74 7#b7 ,report ,not later than #ahj days after the date on which a transmission organization receives a notice under paragraph 7#a71 the transmission organization shall submit to the ,commission a report that1 to the maximum extent practicable-- 7,a7 7i7 identifies electric generating capacity resources that are available to the transmission organization as of the date of the report2 and 7ii7 describes the primary energy sources and operational characteristics of electric capacity resources available1 in the aggregate1 to the transmission organization2 7,b7 evaluates1 using generally accepted metrics1 the current operational performance1 in the aggregate1 of electric capacity resources2 7,c7 identifies1 for the aggregate of electric generating capacity resources available to the transmission organization-- 7i7 over the short- and long-term periods in the planning cycle of the transmission organization1 reasonable projections concerning the operational and economic risk profile of electric generating capacity resources2 7ii7 the projected future needs of the transmission organization for electric generating capacity resources2 and 7iii7 the availability of transmission facilities and transmission support services necessary to provide for the transmission organization reasonable assurances of essential reliability services1 including adequate voltage support2 and 7,d7 assesses whether and to what extent the market rules of the transmission organization-- 7i7 yield capacity auction clearing prices that promote necessary and prudent investment2 7ii7 yield energy market clearing prices that reflect the marginal cost of supply1 taking into account transmission constraints and other factors needed to ensure reliable grid operation2 7iii7 produce meaningful price signals that clearly indicate where new supply and investment are needed2 7iv7 reduce uncertainty or instability resulting from changes to market rules1 processes1 or protocols2 7v7 promote transparency and communication by the market operator to market participants2 7vi7 support a diverse generation portfolio and the availability of transmission facilities and transmission support services on a short- and long-term basis necessary to provide reasonable assurances of a continuous supply of electricity for customers of the transmission organization at the proper voltage and frequency2 and 7vii7 provide an enhanced opportunity for self-supply of electric generating capacity resources by electric cooperatives1 ,federal power marketing agencies1 and ,state utilities with a service obligation 7as those terms are defined in section #bag7;a77 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq7a777 in a manner that is consistent with traditional utility business models and does not unduly affect wholesale market prices4 #dcjc4 ,activities carried out during an authorization during war or emergency ,section #bjb7;c7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd;a7c77 is amended-- 7#a7 in the first sentence1 by striking 7c7 ,during and inserting the following3 7c7 ,authorization during war or emergency 7#a7 ,in general ,during 2 and 7#b7 by adding at the end the following3 7#b7 ,no liability ,subject to paragraph 7#c71 any party subject to an order issued under this subsection or under subsection #bbd7;b77#a7 shall not be liable for actions carried out in compliance with the order4 7#c7 ,exceptions ,the waiver of liability under paragraph 7#b7 shall not apply in a case of gross negligence or willful misconduct4 4 ,e ,management #ddja4 ,federal land management 7a7 ,definitions ,in this section3 7#a7 ,cadastre ,the term cadastre means an inventory of buildings and other real property 7including associated infrastructure such as roads and utility transmission lines and pipelines7 located on land administered by the ,secretary1 which is developed through collecting1 storing1 retrieving1 or disseminating graphical or digital data and any information related to the data1 including surveys1 maps1 charts1 images1 and services4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,cadastre of federal real property 7#a7 ,in general ,the ,secretary is authorized-- 7,a7 to develop and maintain a current and accurate multipurpose cadastre to support ,federal land management activities for the ,department of the ,interior2 7,b7 to incorporate any related inventories of ,federal real property1 including any inventories prepared under applicable land or resource management plans2 and 7,c7 to enter into discussions with other ,federal agencies to make the cadastre available for use by the agency to support agency management activities4 7#b7 ,cost-sharing agreements 7,a7 ,in general ,the ,secretary may enter into cost-sharing agreements with other ,federal agencies1 and with ,states1 ,indian tribes1 and local governments1 to include any non-,federal land in a ,state in the cadastre4 7,b7 ,cost share ,the ,federal share of any cost agreement described in subparagraph 7,a7 shall not exceed #ej percent of the total cost to a ,state1 ,indian tribe1 or local government for the development of the cadastre of non-,federal land4 7#c7 ,consolidation and report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the real property inventories or any components of any cadastre or related inventories that-- 7,a7 exist as of the date of enactment of this ,act2 7,b7 are authorized by law or conducted by the ,secretary2 and 7,c7 are of sufficient accuracy to be included in the cadastre authorized under paragraph 7#a74 7#d7 ,coordination ,in carrying out this subsection1 the ,secretary shall-- 7,a7 participate 7in accordance with section #baf of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note2 ,public ,law #ajg-cdg77 in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre for all users of the information2 7,b7 coordinate with1 seek assistance and cooperation of1 and provide liaison to the ,federal ,geographic ,data ,committee pursuant to ,office of ,management and ,budget ,circular ,a-#af and ,executive ,order #abijf 7#dc ,u4,s4,c4 #adeg note2 relating to coordinating geographic data acquisition and access3 the ,national ,spatial ,data ,infrastructure7 for the implementation of and compliance with such standards as may be applicable to the cadastre2 7,c7 make the cadastre interoperable with the ,federal ,real ,property ,profile established pursuant to ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 7,d7 integrate with and leverage1 to the maximum extent practicable1 cadastre activities of units of ,state and local government2 and 7,e7 use contracts with the private sector1 if practicable1 to provide such products and services as are necessary to develop the cadastre4 7c7 ,transparency and public access ,the ,secretary shall-- 7#a7 make the cadastre required under this section publically available on the ,internet in a graphically geoenabled and searchable format2 and 7#b7 in consultation with the ,secretary of ,defense and the ,secretary of ,homeland ,security1 prevent the disclosure of the identity of any buildings or facilities1 or information related to the buildings or facilities1 if the disclosure would impair or jeopardize the national security or homeland defense of the ,united ,states4 7d7 ,effect ,nothing in this section-- 7#a7 creates any substantive or procedural right or benefit2 7#b7 authorizes any new surveying or mapping of ,federal real property1 except that a ,federal agency may conduct a new survey to update the accuracy of the inventory data of the agency before storage on a cadaster2 or 7#c7 authorizes-- 7,a7 the evaluation of any real property owned by the ,united ,states for disposal2 or 7,b7 new appraisals or assessments of the value of-- 7i7 real property2 or 7ii7 cultural or archaeological resources on any parcel of ,federal land or other real property4 #ddjb4 ,quadrennial ,energy ,review 7a7 ,in general ,section #hja of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gcba7 is amended to read as follows3 #hja4 ,quadrennial ,energy ,review 7a7 ,quadrennial ,energy ,review ,task ,force 7#a7 ,establishment ,the ,president shall establish a ,quadrennial ,energy ,review ,task ,force 7referred to in this section as the ,task ,force7 to coordinate the ,quadrennial ,energy ,review4 7#b7 ,cochairpersons ,the ,president shall designate appropriate senior ,federal ,government officials to be cochairpersons of the ,task ,force4 7#c7 ,membership ,the ,task ,force may be comprised of representatives at level ,i or ,,ii of the ,executive ,schedule of-- 7,a7 the ,department of ,energy2 7,b7 the ,department of ,commerce2 7,c7 the ,department of ,defense2 7,d7 the ,department of ,state2 7,e7 the ,department of the ,interior2 7,f7 the ,department of ,agriculture2 7,g7 the ,department of the ,treasury2 7,h7 the ,department of ,transportation2 7,i7 the ,department of ,homeland ,security2 7,j7 the ,office of ,management and ,budget2 7,k7 the ,national ,science ,foundation2 7,l7 the ,environmental ,protection ,agency2 and 7,m7 such other ,federal agencies1 and entities within the ,executive ,office of the ,president1 as the ,president considers to be appropriate4 7b7 ,conduct of review 7#a7 ,in general ,each ,quadrennial ,energy ,review shall be conducted to-- 7,a7 provide an integrated view of important national energy objectives and ,federal energy policy2 and 7,b7 identify the maximum practicable alignment of research programs1 incentives1 regulations1 and partnerships4 7#b7 ,elements ,a ,quadrennial ,energy ,review shall-- 7,a7 establish integrated1 governmentwide national energy objectives in the context of economic1 environmental1 and security priorities2 7,b7 recommend coordinated actions across ,federal agencies2 7,c7 assess and recommend priorities for research1 development1 and demonstration2 7,d7 provide a strong analytical base for ,federal energy policy decisions2 7,e7 consider reasonable estimates of future ,federal budgetary resources when making recommendations2 and 7,f7 be conducted with substantial input from-- 7i7 ,congress2 7ii7 the energy industry2 7iii7 academia2 7iv7 ,state1 local1 and tribal governments2 7v7 nongovernmental organizations2 and 7vi7 the public4 7c7 ,submission of ,quadrennial ,energy ,review to ,congress 7#a7 ,in general ,the ,president-- 7,a7 shall publish and submit to ,congress a report on the ,quadrennial ,energy ,review once every #d years2 and 7,b7 more frequently than once every #d years1 as the ,president determines to be appropriate1 may prepare and publish interim reports as part of the ,quadrennial ,energy ,review4 7#b7 ,inclusions ,the reports described in paragraph 7#a7 shall address or consider1 as appropriate-- 7,a7 an integrated view of short-term1 intermediate-term1 and long-term objectives for ,federal energy policy in the context of economic1 environmental1 and security priorities2 7,b7 potential executive actions 7including programmatic1 regulatory1 and fiscal actions7 and resource requirements-- 7i7 to achieve the objectives described in subparagraph 7,a72 and 7ii7 to be coordinated across multiple agencies2 7,c7 analysis of the existing and prospective roles of parties 7including academia1 industry1 consumers1 the public1 and ,federal agencies7 in achieving the objectives described in subparagraph 7,a71 including-- 7i7 an analysis by energy use sector1 including-- 7,i7 commercial and residential buildings2 7,,ii7 the industrial sector2 7,,iii7 transportation2 and 7,,iv7 electric power2 7ii7 requirements for invention1 adoption1 development1 and diffusion of energy technologies as they relate to each of the energy use sectors2 and 7iii7 other research that informs strategies to incentivize desired actions2 7,d7 assessment of policy options to increase domestic energy supplies and energy efficiency2 7,e7 evaluation of national and regional energy storage1 transmission1 and distribution requirements1 including requirements for renewable energy2 7,f7 portfolio assessments that describe the optimal deployment of resources1 including prioritizing financial resources for energy-relevant programs2 7,g7 mapping of the linkages among basic research and applied programs1 demonstration programs1 and other innovation mechanisms across the ,federal agencies2 7,h7 identification of demonstration projects2 7,i7 identification of public and private funding needs for various energy technologies1 systems1 and infrastructure1 including consideration of public-private partnerships1 loans1 and loan guarantees2 7,j7 assessment of global competitors and an identification of programs that can be enhanced with international cooperation2 7,k7 identification of policy gaps that need to be filled to accelerate the adoption and diffusion of energy technologies1 including consideration of-- 7i7 ,federal tax policies2 and 7ii7 the role of ,federal agencies as early adopters and purchasers of new energy technologies2 7,l7 priority listing for implementation of objectives and actions taking into account estimated ,federal budgetary resources2 7,m7 analysis of-- 7i7 points of maximum leverage for policy intervention to achieve outcomes2 and 7ii7 areas of energy policy that can be most effective in meeting national goals for the energy sector2 and 7,n7 recommendations for executive branch organization changes to facilitate the development and implementation of ,federal energy policies4 7d7 ,report development ,the ,secretary of ,energy shall provide such support for the ,quadrennial ,energy ,review with the necessary analytical1 financial1 and administrative support for the conduct of each ,quadrennial ,energy ,review required under this section as may be requested by the cochairpersons designated under subsection 7a77#b74 7e7 ,cooperation ,the heads of applicable ,federal agencies shall cooperate with the ,secretary and provide such assistance1 information1 and resources as the ,secretary may require to assist in carrying out this section4 4 7b7 ,table of contents amendment ,the item relating to section #hja in the table of contents of such ,act is amended to read as follows3 ,sec4 #hja4 ,quadrennial ,energy ,review4 4 7c7 ,administration ,nothing in this section or an amendment made by this section supersedes1 modifies1 amends1 or repeals any provision of ,federal law not expressly superseded1 modified1 amended1 or repealed by this section4 #ddjc4 ,state oversight of oil and gas programs ,on request of the ,governor of a ,state1 the ,secretary of the ,interior shall establish a program under which the ,director of the ,bureau of ,land ,management shall enter into a memorandum of understanding with the ,state to consider the costs and benefits of consistent rules and processes for the measurement of oil and gas production activities1 inspection of meters or other measurement methodologies1 and other operational activities1 as determined by the ,secretary of the ,interior4 #ddjd4 ,under ,secretary for ,science and ,energy 7a7 ,in general ,section #bjb7;b7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gacb7;b77 is amended-- 7#a7 in paragraph 7#a71 by striking for ,science and inserting for ,science and ,energy 7referred to in this subsection as the ,under ,secretary72 7#b7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking for ,science2 and 7#c7 in paragraph 7#d7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking for ,science2 7,b7 in subparagraph 7,f71 by striking and at the end2 7,c7 in subparagraph 7,g71 by striking the period at the end and inserting a semicolon2 and 7,d7 by inserting after subparagraph 7,g7 the following3 7,h7 establish appropriate linkages between offices under the jurisdiction of the ,under ,secretary2 and 7,i7 perform such functions and duties as the ,secretary shall prescribe1 consistent with this section4 4 7b7 ,conforming amendment ,section #fda7;h77#b7 of the ,united ,states ,energy ,storage ,competitiveness ,act of #bjjg 7#db ,u4,s4,c4 #agbca7;h77#b77 is amended by striking ,under ,secretary for ,science and inserting ,under ,secretary for ,science and ,energy4 ,f ,markets #deja4 ,enhanced information on critical energy supplies 7a7 ,in general ,section #bje of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace7 is amended by adding at the end the following3 7n7 ,collection of information on critical energy supplies 7#a7 ,in general ,to ensure transparency of information relating to energy infrastructure and product ownership in the ,united ,states and improve the ability to evaluate the energy security of the ,united ,states1 the ,administrator1 in consultation with other ,federal agencies 7as necessary71 shall-- 7,a7 not later than #abj days after the date of enactment of this subsection1 develop and provide notice of a plan to collect1 in cooperation with the ,commodity ,futures ,trade ,commission1 information identifying all oil inventories1 and other physical oil assets 7including all petroleum-based products and the storage of such products in off-shore tankers71 that are owned by the #ej largest traders of oil contracts 7including derivative contracts71 as determined by the ,commodity ,futures ,trade ,commission2 and 7,b7 not later than #ij days after the date on which notice is provided under subparagraph 7,a71 implement the plan described in that subparagraph4 7#b7 ,information ,the plan required under paragraph 7#a7 shall include a description of the plan of the ,administrator for collecting company-specific data1 including-- 7,a7 volumes of product under ownership2 and 7,b7 storage and transportation capacity 7including owned and leased capacity74 7#c7 ,protection of proprietary information ,section #ab7;f7 of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gga7;f77 shall apply to information collected under this subsection4 7o7 ,collection of information on storage capacity for oil and natural gas 7#a7 ,in general ,not later than #ij days after the date of enactment of this subsection1 the ,administrator of the ,energy ,information ,administration shall collect information quantifying the commercial storage capacity for oil and natural gas in the ,united ,states4 7#b7 ,updates ,the ,administrator shall update annually the information required under paragraph 7#a74 7#c7 ,protection of proprietary information ,section #ab7;f7 of the ,federal ,energy ,administration ,act of #aigd 7#ae ,u4,s4,c4 #gga7;f77 shall apply to information collected under this subsection4 7p7 ,financial market analysis office 7#a7 ,establishment ,there shall be within the ,energy ,information ,administration a ,financial ,market ,analysis ,office4 7#b7 ,duties ,the ,office shall-- 7,a7 be responsible for analysis of the financial aspects of energy markets2 7,b7 review the reports required by section #dejc7;c7 of the ,energy ,policy ,modernization ,act of #bjae in advance of the submission of the reports to ,congress2 and 7,c7 not later than #a year after the date of enactment of this subsection-- 7i7 make recommendations to the ,administrator of the ,energy ,information ,administration that identify and quantify any additional resources that are required to improve the ability of the ,energy ,information ,administration to more fully integrate financial market information into the analyses and forecasts of the ,energy ,information ,administration1 including the role of energy futures contracts1 energy commodity swaps1 and derivatives in price formation for oil2 7ii7 conduct a review of implications of policy changes 7including changes in export or import policies7 and changes in how crude oil and refined petroleum products are transported with respect to price formation of crude oil and refined petroleum products2 and 7iii7 notify the ,committee on ,energy and ,natural ,resources1 and the ,committee on ,appropriations1 of the ,senate and the ,committee on ,energy and ,commerce1 and the ,committee on ,appropriations1 of the ,house of ,representatives of the recommendations described in clause 7i74 7#c7 ,analyses ,the ,administrator of the ,energy ,information ,administration shall take analyses by the ,office into account in conducting analyses and forecasting of energy prices4 4 7b7 ,conforming amendment ,section #fde of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbee7 is amended by inserting 7#ae ,u4,s4,c4 #ccja et seq47 and the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gag et seq47 after ,natural ,gas ,policy ,act of #aigh4 #dejb4 ,working ,group on ,energy ,markets 7a7 ,establishment ,there is established a ,working ,group on ,energy ,markets 7referred to in this section as the ,working ,group74 7b7 ,composition ,the ,working ,group shall be composed of-- 7#a7 the ,secretary2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,chairman of the ,federal ,energy ,regulatory ,commission2 7#d7 the ,chairman of ,federal ,trade ,commission2 7#e7 the ,chairman of the ,securities and ,exchange ,commission2 7#f7 the ,chairman of the ,commodity ,futures ,trading ,commission2 and 7#g7 the ,administrator of the ,energy ,information ,administration4 7c7 ,chairperson ,the ,secretary shall serve as the ,chairperson of the ,working ,group4 7d7 ,compensation ,a member of the ,working ,group shall serve without additional compensation for the work of the member of the ,working ,group4 7e7 ,purpose and function ,the ,working ,group shall-- 7#a7 investigate the effect of increased financial investment in energy commodities on energy prices and the energy security of the ,united ,states2 7#b7 recommend to the ,president and ,congress laws 7including regulations7 that may be needed to prevent excessive speculation in energy commodity markets in order to prevent or minimize the adverse impact of excessive speculation on energy prices on consumers and the economy of the ,united ,states2 and 7#c7 review energy security implications of developments in international energy markets4 7f7 ,administration ,the ,secretary shall provide the ,working ,group with such administrative and support services as may be necessary for the performance of the functions of the ,working ,group4 7g7 ,cooperation of other agencies ,the heads of ,executive departments1 agencies1 and independent instrumentalities shall1 to the extent permitted by law1 provide the ,working ,group with such information as the ,working ,group requires to carry out this section4 7h7 ,consultation ,the ,working ,group shall consult1 as appropriate1 with representatives of the various exchanges1 clearinghouses1 self-regulatory bodies1 other major market participants1 consumers1 and the general public4 #dejc4 ,study of regulatory framework for energy markets 7a7 ,study ,the ,working ,group shall conduct a study-- 7#a7 to identify the factors that affect the pricing of crude oil and refined petroleum products1 including an examination of the effects of market speculation on prices2 and 7#b7 to review and assess-- 7,a7 existing statutory authorities relating to the oversight and regulation of markets critical to the energy security of the ,united ,states2 and 7,b7 the need for additional statutory authority for the ,federal ,government to effectively oversee and regulate markets critical to the energy security of the ,united ,states4 7b7 ,elements of study ,the study shall include-- 7#a7 an examination of price formation of crude oil and refined petroleum products2 7#b7 an examination of relevant international regulatory regimes2 and 7#c7 an examination of the degree to which changes in energy market transparency1 liquidity1 and structure have influenced or driven abuse1 manipulation1 excessive speculation1 or inefficient price formation4 7c7 ,report and recommendations ,the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives quarterly progress reports during the conduct of the study under this section1 and a final report not later than #a year after the date of enactment of this ,act1 that-- 7#a7 describes the results of the study2 and 7#b7 provides options and the recommendations of the ,working ,group for appropriate ,federal coordination of oversight and regulatory actions to ensure transparency of crude oil and refined petroleum product pricing and the elimination of excessive speculation1 including recommendations on data collection and analysis to be carried out by the ,financial ,market ,analysis ,office established by section #bje7p7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gace7p774 ,g ,affordability #dfja4 ,e-prize competition pilot program ,section #ajjh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcif7 is amended by adding at the end the following3 7g7 ,e-prize competition pilot program 7#a7 ,definitions ,in this section3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 a private sector for-profit or nonprofit entity2 7ii7 a public-private partnership2 or 7iii7 a local1 municipal1 or tribal governmental entity4 7,b7 ,high-cost region ,the term high-cost region means a region in which the average annual unsubsidized costs of electrical power retail rates or household space heating costs per square foot exceed #aej percent of the national average1 as determined by the ,secretary4 7#b7 ,e-prize competition pilot program 7,a7 ,in general ,the ,secretary shall establish an e-prize competition or challenge pilot program to broadly implement sustainable community and regional energy solutions that seek to reduce energy costs through increased efficiency1 conservation1 and technology innovation in high-cost regions4 7,b7 ,selection ,in carrying out the pilot program under subparagraph 7,a71 the ,secretary shall award a prize purse1 in amounts to be determined by the ,secretary1 to each eligible entity selected through #a or more of the following competitions or challenges3 7i7 ,a point solution competition that rewards and spurs the development of solutions for a particular1 well-defined problem4 7ii7 ,an exposition competition that helps identify and promote a broad range of ideas and practices that may not otherwise attract attention1 facilitating further development of the idea or practice by third parties4 7iii7 ,a participation competition that creates value during and after the competition by encouraging contestants to change their behavior or develop new skills that may have beneficial effects during and after the competition4 7iv7 ,such other types of prizes or challenges as the ,secretary1 in consultation with relevant heads of ,federal agencies1 considers appropriate to stimulate innovation that has the potential to advance the mission of the applicable ,federal agency4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj1 to remain available until expended4 4 ,h ,code maintenance #dgja4 ,repeal of off-highway motor vehicles study 7a7 ,repeal ,part ,i of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hga7 is amended-- 7#a7 by striking the item relating to part ,i of title ,,iii2 and 7#b7 by striking the item relating to section #che4 #dgjb4 ,repeal of methanol study ,section #djj;,,ee of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcgd;d7 is amended-- 7#a7 by striking subsection 7a72 and 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7a7 and 7b71 respectively4 #dgjc4 ,repeal of authorization of appropriations provision 7a7 ,repeal ,section #bjh of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjh7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,conservation and ,production ,act 7,public ,law #id-che2 #ij ,stat4 #aabf7 is amended by striking the item relating to section #bjh4 #dgjd4 ,repeal of residential energy efficiency standards study 7a7 ,repeal ,section #bec of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcb7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bec4 #dgje4 ,repeal of weatherization study 7a7 ,repeal ,section #bed of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bed4 #dgjf4 ,repeal of report to ,congress 7a7 ,repeal ,section #bgc of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbcf;b7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended by striking the item relating to section #bgc4 #dgjg4 ,repeal of report by ,general ,services ,administration 7a7 ,repeal ,section #aed of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;a7 is repealed4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #aed4 7#b7 ,section #aei of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;e7 is amended by striking subsection 7c74 #dgjh4 ,repeal of intergovernmental energy management planning and coordination workshops 7a7 ,repeal ,section #aef of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;b7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #aef4 #dgji4 ,repeal of ,inspector ,general audit survey and ,president's ,council on ,integrity and ,efficiency report to ,congress 7a7 ,repeal ,section #afj of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;f7 is amended by striking the section designation and heading and all that follows through 7c7 ,inspector general review4--,each ,inspector ,general and inserting the following3 #afj4 ,inspector general review ,each ,inspector ,general 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #afj and inserting the following3 ,sec4 #afj4 ,inspector ,general review4 4 #dgaj4 ,repeal of procurement and identification of energy efficient products program 7a7 ,repeal ,section #afa of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #hbfb;g7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #aiib 7,public ,law #ajb-dhf2 #ajf ,stat4 #bggf7 is amended by striking the item relating to section #afa4 #dgaa4 ,repeal of national action plan for demand response 7a7 ,repeal ,part #e of title ,v of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbgi et seq47 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf2 #aba ,stat4 #affe7 is amended-- 7#a7 by striking the item relating to part #e of title ,v2 and 7#b7 by striking the item relating to section #ega4 #dgab4 ,repeal of national coal policy study 7a7 ,repeal ,section #gda of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdea7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gda4 #dgac4 ,repeal of study on compliance problem of small electric utility systems 7a7 ,repeal ,section #gdd of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hded7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdd4 #dgad4 ,repeal of study of socioeconomic impacts of increased coal production and other energy development 7a7 ,repeal ,section #gdf of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdef7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdf4 #dgae4 ,repeal of study of the use of petroleum and natural gas in combustors 7a7 ,repeal ,section #gdg of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdeg7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #gdg4 #dgaf4 ,repeal of submission of reports 7a7 ,repeal ,section #hjg of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdhc7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #hjg4 #dgag4 ,repeal of electric utility conservation plan 7a7 ,repeal ,section #hjh of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdhd7 is repealed4 7b7 ,conforming amendments 7#a7 ,table of contents ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to section #hjh4 7#b7 ,report on implementation ,section #gab of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdbb7 is amended-- 7,a7 by striking 7a7 ,generally4--2 and 7,b7 by striking subsection 7b74 #dgah4 ,emergency ,energy ,conservation repeals 7a7 ,repeals 7#a7 ,section #bja of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heja7 is amended-- 7,a7 in the section heading1 by striking findings and2 and 7,b7 by striking subsection 7a74 7#b7 ,section #bba of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heba7 is repealed4 7#c7 ,section #bbb of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #hebb7 is repealed4 7#d7 #bda of the ,emergency ,energy ,conservation ,act of #aigi 7#db ,u4,s4,c4 #heca7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,emergency ,energy ,conservation ,act of #aigi 7,public ,law #if-ajb2 #ic ,stat4 #gdi7 is amended-- 7#a7 by striking the item relating to section #bja and inserting the following3 ,sec4 #bja4 ,purposes4 2 and 7#b7 by striking the items relating to sections #bba1 #bbb1 and #bda4 #dgai4 ,energy ,security ,act repeals 7a7 ,biomass energy development plans ,subtitle ,a of title ,,ii of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhaa et seq47 is repealed4 7b7 ,municipal waste biomass energy ,subtitle ,b of title ,,ii of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhca et seq47 is repealed4 7c7 ,use of gasohol in ,federal motor vehicles ,section #bga of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhga7 is repealed4 7d7 ,conforming amendments 7#a7 ,the table of contents for the ,energy ,security ,act 7,public ,law #if-bid2 #id ,stat4 #faa7 is amended-- 7,a7 by striking the items relating to subtitle ,a and ,b of title ,,ii2 7,b7 by striking the item relating to section #bjd and inserting the following3 ,sec4 #bjd4 ,funding4 2 and 7,c7 by striking the item relating to section #bga4 7#b7 ,section #bjc of the ,biomass ,energy and ,alcohol ,fuels ,act of #aihj 7#db ,u4,s4,c4 #hhjb7 is amended-- 7,a7 by striking paragraph 7#af72 and 7,b7 by redesignating paragraphs 7#ag7 through 7#ai7 as paragraphs 7#af7 through 7#ah71 respectively4 7#c7 ,section #bjd of the ,energy ,security ,act 7#db ,u4,s4,c4 #hhjc7 is amended-- 7,a7 in the section heading1 by striking for subtitles ,a and ,b2 and 7,b7 in subsection 7a7-- 7i7 in paragraph 7#a71 by adding and after the semicolon at the end2 7ii7 in paragraph 7#b71 by striking 2 and at the end and inserting a period2 and 7iii7 by striking paragraph 7#c74 #dgbj4 ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj repeals ,sections #e and #f of the ,nuclear ,safety ,research1 ,development1 and ,demonstration ,act of #aihj 7#db ,u4,s4,c4 #igjd1 #igje7 are repealed4 #dgba4 ,elimination and consolidation of certain ,america ,,competes programs 7a7 ,elimination of program authorities 7#a7 ,nuclear science talent expansion program for institutions of higher education ,section #ejjd of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecb7 is repealed4 7#b7 ,hydrocarbon ,systems ,science ,talent ,expansion ,program for ,institutions of ,higher ,education 7,a7 ,in general ,section #ejje7;e7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecc7;e77 is repealed4 7,b7 ,conforming amendments ,section #ejje7;f7 of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecc7;f77 is amended-- 7i7 by striking paragraph 7#b72 7ii7 by striking the subsection designation and heading and all that follows through ,there are in paragraph 7#a7 and inserting the following3 7e7 ,authorization of appropriations ,there are 2 and 7iii7 by redesignating subparagraphs 7,a7 through 7,f7 as paragraphs 7#a7 through 7#f71 respectively1 and indenting appropriately4 7#c7 ,discovery ,science and ,engineering ,innovation ,institutes ,section #ejjh of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afece7 is repealed4 7#d7 ,elimination of duplicative authority for education programs ,sections #caha and #cahe of the ,department of ,energy ,science ,education ,enhancement ,act 7#db ,u4,s4,c4 #gchal1 #db ,u4,s4,c4 #gchan7 are repealed4 7#e7 ,mentoring program ,section #caie of the ,department of ,energy ,science ,education ,enhancement ,act 7#db ,u4,s4,c4 #gchar7 is repealed4 7b7 ,repeal of authorizations 7#a7 ,department of ,energy ,early ,career ,awards for science1 engineering1 and mathematics researchers ,section #ejjf of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecd7 is amended by striking subsection 7h74 7#b7 ,distinguished ,scientist ,program ,section #ejaa of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecg7 is amended by striking subsection 7j74 7#c7 ,protecting ,america's ,competitive ,edge 7,,pace7 ,graduate ,fellowship ,program ,section #ejji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecf7 is amended by striking subsection 7f74 7c7 ,consolidation of duplicative program authorities 7#a7 ,university nuclear science and engineering support ,section #ied of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7 is amended-- 7,a7 in subsection 7a71 by inserting nuclear chemistry1 after nuclear engineering12 and 7,b7 in subsection 7b7-- 7i7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7ii7 by inserting after paragraph 7#b7 the following3 7#c7 award grants1 not to exceed #e years in duration1 to institutions of higher education with existing academic degree programs in nuclear sciences and related fields-- 7,a7 to increase the number of graduates in nuclear science and related fields2 7,b7 to enhance the teaching and research of advanced nuclear technologies2 7,c7 to undertake collaboration with industry and ,national ,laboratories2 and 7,d7 to bolster or sustain nuclear infrastructure and research facilities of institutions of higher education1 such as research and training reactors and laboratories2 4 7#b7 ,consolidation of ,department of ,energy early career awards for science1 engineering1 and mathematics researchers program and distinguished scientist program 7,a7 ,funding ,section #iga7;c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcaa7;c77 is amended by adding at the end the following3 7#h7 ,for the ,department of ,energy early career awards for science1 engineering1 and mathematics researchers program under section #ejjf of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecd7 and the distinguished scientist program under section #ejaa of that ,act 7#db ,u4,s4,c4 #afecg71 #aej1jjj1jjj for each of fiscal years #bjaf through #bjbj1 of which not more than #fe percent of the amount made available for a fiscal year under this paragraph may be used to carry out section #ejjf or #ejaa of that ,act4 4 7,b7 ,department of ,energy early career awards for science1 engineering1 and mathematics researchers ,section #ejjf of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecd7 is amended-- 7i7 in subsection 7b77#a7-- 7,i7 in the matter preceding subparagraph 7,a7-- 7aa7 by inserting average before amount2 and 7bb7 by inserting for each year before shall2 7,,ii7 in subparagraph 7,a71 by striking #hj1jjj and inserting #aij1jjj2 and 7,,iii7 in subparagraph 7,b71 by striking #abe1jjj and inserting #dij1jjj2 7ii7 in subsection 7c77#a77;,c7-- 7,i7 in clause 7i7-- 7aa7 by striking assistant professor or equivalent title and inserting untenured assistant or associate professor2 and 7bb7 by inserting or after the semicolon at the end2 7,,ii7 by striking clause 7ii72 and 7,,iii7 by redesignating clause 7iii7 as clause 7ii72 7iii7 in subsection 7d71 by striking on a competitive1 merit-reviewed basis and inserting through a competitive process using merit-based peer review42 7iv7 in subsection 7e7-- 7,i7 by striking 7e7 and all that follows through ,to be eligible and inserting the following3 7e7 ,selection process and criteria ,to be eligible 2 and 7,,ii7 by striking paragraph 7#b72 and 7v7 in subsection 7f77#a71 by striking nonprofit1 nondegree-granting research organizations and inserting ,national ,laboratories4 7#c7 ,science education programs ,section #cafd of the ,department of ,energy ,science ,education ,enhancement ,act 7#db ,u4,s4,c4 #gcha;a7 is amended-- 7,a7 in subsection 7b7-- 7i7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,in general ,the ,director of the ,office of ,science 7referred to in this subsection as the ,director7 shall provide for appropriate coordination of science1 technology1 engineering1 and mathematics education programs across all functions of the ,department4 7#b7 ,administration ,in carrying out paragraph 7#a71 the ,director shall-- 7,a7 consult with-- 7i7 the ,assistant ,secretary of ,energy with responsibility for energy efficiency and renewable energy programs2 and 7ii7 the ,deputy ,administrator for ,defense ,programs of the ,national ,nuclear ,security ,administration2 and 7,b7 seek to increase the participation and advancement of women and underrepresented minorities at every level of science1 technology1 engineering1 and mathematics education4 2 and 7ii7 in paragraph 7#c7-- 7,i7 in subparagraph 7,d71 by striking and at the end2 7,,ii7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,,iii7 by inserting after subparagraph 7,d7 the following3 7,e7 represent the ,department as the principal interagency liaison for all coordination activities under the ,president for science1 technology1 engineering1 and mathematics education programs2 and 2 and 7,b7 in subsection 7d7-- 7i7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7ii7 by adding at the end the following3 7#b7 ,report ,not later than #ahj days after the date of enactment of this subparagraph1 the ,director shall submit a report describing the impact of the activities assisted with the ,fund established under paragraph 7#a7 to-- 7,a7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate4 4 7#d7 ,protecting ,america's ,competitive ,edge 7,,pace7 ,graduate ,fellowship ,program ,section #ejji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #afecf7 is amended-- 7,a7 in subsection 7c7-- 7i7 in paragraph 7#a7 by striking 1 involving and all that follows through ,secretary2 and 7ii7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 to demonstrate excellent academic performance and understanding of scientific or technical subjects2 and 2 7,b7 in subsection 7d77#a77;,b77i71 by inserting full or partial before graduate tuition2 and 7,c7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking ,director of ,science1 ,engineering1 and ,mathematics ,education and inserting ,director of the ,office of ,science44 7d7 ,conforming amendments ,the table of contents for the ,america ,,competes ,,act 7,public ,law #aaj-fi2 #aba ,stat4 #egc7 is amended by striking the items relating to sections #ejjd and #ejjh4 #dgbb4 ,repeal of state utility regulatory assistance 7a7 ,repeal ,section #bjg of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjg7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,conservation and ,production ,act 7,public ,law #id-che2 #ij ,stat4 #aabf7 is amended by striking the item relating to section #bjg4 #dgbc4 ,repeal of survey of energy saving potential 7a7 ,repeal ,section #eej of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh;b7 is repealed4 7b7 ,conforming amendments 7#a7 ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf2 #ajf ,stat4 #bhea7 is amended by striking the item relating to section #eej4 7#b7 ,section #edc7;d77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;d77#b77 is amended by striking 1 incorporating any relevant information obtained from the survey conducted pursuant to section #eej4 #dgbd4 ,repeal of photovoltaic energy program 7a7 ,repeal ,part #d of title ,v of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbga et seq47 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,national ,energy ,conservation ,policy ,act 7,public ,law #ie-fai2 #ib ,stat4 #cbjf7 is amended-- 7#a7 by striking the item relating to part #d of title ,v2 and 7#b7 by striking the items relating to sections #efa through #efi4 #dgbe4 ,repeal of energy auditor training and certification 7a7 ,repeal ,subtitle ,f of title ,v of the ,energy ,security ,act 7#db ,u4,s4,c4 #hbhe et seq47 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,energy ,security ,act 7,public ,law #if-bid2 #id ,stat4 #faa7 is amended by striking the items relating to subtitle ,f of title ,v4 #dgbf4 ,repeal of authorization of appropriations 7a7 ,repeal ,subtitle ,f of title ,,vii of the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7#db ,u4,s4,c4 #hdfa7 is repealed4 7b7 ,conforming amendment ,the table of contents for the ,powerplant and ,industrial ,fuel ,use ,act of #aigh 7,public ,law #ie-fbj2 #ib ,stat4 #cbhi7 is amended by striking the item relating to subtitle ,f of title ,,vii4 ,v ,conservation reauthorization #ejja4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund 7a7 ,in general ,chapter #ajdi of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #ajdijh4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund 7a7 ,in general ,there is established in the ,treasury a fund1 to be known as the ,national ,park ,service ,critical ,maintenance and ,revitalization ,conservation ,fund 7referred to in this section as the ,fund74 7b7 ,deposits to fund ,notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the ,treasury1 for each fiscal year1 there shall be deposited in the ,fund1 from revenues due and payable to the ,united ,states under section #i of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acch7 #aej1jjj1jjj4 7c7 ,use and availability 7#a7 ,in general ,amounts deposited in the ,fund shall-- 7,a7 be used only for the purposes described in subsection 7d72 and 7,b7 be available for expenditure only after the amounts are appropriated for those purposes4 7#b7 ,availability ,any amounts in the ,fund not appropriated shall remain available in the ,fund until appropriated4 7#c7 ,no limitation ,appropriations from the ,fund pursuant to this section may be made without fiscal year limitation4 7d7 ,national park system critical deferred maintenance ,the ,secretary shall use amounts appropriated from the ,fund for high-priority deferred maintenance needs of the ,service that support critical infrastructure and visitor services4 7e7 ,land acquisition prohibition ,amounts in the ,fund shall not be used for land acquisition4 4 7b7 ,clerical amendment ,the table of sections for chapter #ajdi of title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajdijg the following3 #ajdijh4 ,national ,park ,service ,maintenance and ,revitalization ,conservation ,fund4 4 #ejjb4 ,land and ,water ,conservation ,fund 7a7 ,reauthorization ,section #bjjcjb of title #ed1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,during the period ending ,september #cj1 #bjae1 there and inserting ,there2 and 7#b7 in subsection 7c77#a71 by striking through ,september #cj1 #bjae4 7b7 ,allocation of funds ,section #bjjcjd of title #ed1 ,united ,states ,code1 is amended-- 7#a7 by striking ,there and inserting 7a7 ,in ,general4--,there2 and 7#b7 by striking the second sentence and inserting the following3 7b7 ,allocation ,of the appropriations from the ,fund-- 7#a7 not less than #dj percent shall be used collectively for ,federal purposes under section #bjjcjf2 7#b7 not less than #dj percent shall be used collectively-- 7,a7 to provide financial assistance to ,states under section #bjjcje2 7,b7 for the ,forest ,legacy ,program established under section #g of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #bajc;c72 7,c7 for cooperative endangered species grants authorized under section #f of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece72 and 7,d7 for the ,american ,battlefield ,protection ,program established under chapter #cjha2 and 7#c7 not less than #a4e percent or #aj1jjj1jjj1 whichever is greater1 shall be used for projects that secure recreational public access to ,federal public land for hunting1 fishing1 or other recreational purposes4 4 7c7 ,conservation easements ,section #bjjcjf of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,conservation easements ,the ,secretary and the ,secretary of ,agriculture shall consider the acquisition of conservation easements and other similar interests in land where appropriate and feasible4 4 7d7 ,acquisition considerations ,section #bjjcjf of title #ed1 ,united ,states ,code 7as amended by subsection 7c771 is amended by adding at the end of the following3 7d7 ,acquisition ,considerations ,the ,secretary and the ,secretary of ,agriculture shall take into account the following in determining the land or interests in land to acquire3 7#a7 ,management efficiencies4 7#b7 ,management cost savings4 7#c7 ,geographic distribution4 7#d7 ,significance of the acquisition4 7#e7 ,urgency of the acquisition4 7#f7 ,threats to the integrity of the land to be acquired4 7#g7 ,the recreational value of the land4 4 #ejjc4 ,historic ,preservation ,fund ,section #cjcajb of title #ed1 ,united ,states ,code1 is amended by striking of fiscal years #bjab to #bjae and inserting fiscal year4 ,september #i1 #bjae,read twice and placed on the calendar