Legislation

Bill Introduced Description
H.Res.2166 Jan-28-14
STATUS: May 23, 2013.--Referred to House Committee on Natural Resources January 27, 2014.--On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 394 - 0 January 28, 2014.--Introduced. July 30, 2014.--Hearing by subcommittee. (59) H.R.2166 Good Samaritan Search and Recovery Act (Referred in Senate - RFS) HR 2166 RFS 113th CONGRESS2d Session H. R. 2166IN THE SENATE OF THE UNITED STATESJanuary 28, 2014 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To direct the Secretary of the Interior and Secretary of Agriculture to expedite access to certain Federal lands under the administrative jurisdiction of each Secretary for good Samaritan search-and-recovery missions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Good Samaritan Search and Recovery Act'. SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. (a) In General- The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that-- (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the Federal Government From Liability- The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual-- (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and Denial of Requests- (1) IN GENERAL- The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) DENIALS- If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of-- (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships- The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to-- (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing-- (1) plans to develop partnerships described in subsection (d)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (d)(2). (f) Definitions- For the purposes of this section, the following definitions apply: (1) ELIGIBLE ORGANIZATION AND ELIGIBLE INDIVIDUAL- The terms `eligible organization' and `eligible individual' means an organization or individual, respectively, that-- (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) GOOD SAMARITAN SEARCH-AND-RECOVERY MISSION- The term `good Samaritan search-and-recovery mission' means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. Passed the House of Representatives January 27, 2014. Attest: KAREN L. HAAS, Clerk.
S.2165 Mar-27-14
STATUS: March 27, 2014.--Introduced. S.2165 E-Access Act (Introduced in Senate - IS) S 2165 IS 113th CONGRESS2d SessionS. 2165 To enhance consumer access to electricity information and allow for the adoption of innovative products and services to help consumers manage their energy usage. IN THE SENATE OF THE UNITED STATESMarch 27, 2014 Mr. UDALL of Colorado (for himself and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To enhance consumer access to electricity information and allow for the adoption of innovative products and services to help consumers manage their energy usage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Access to Consumer Energy Information Act' or the `E-Access Act'. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term `Secretary' means the Secretary of Energy. SEC. 3. CONSUMER ACCESS TO ELECTRIC ENERGY INFORMATION. (a) In General- The Secretary shall encourage and support the adoption of policies that allow electricity consumers access to their own electricity data. (b) Eligibility for State Energy Plans- Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended-- (1) in paragraph (16), by striking `and' after the semicolon at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: `(17) programs-- `(A) to enhance consumer access to and understanding of energy usage and price information, including consumers' own residential and commercial electricity information; and `(B) to allow for the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures; and'. (c) Voluntary Guidelines for Electric Consumer Access- (1) DEFINITIONS- In this subsection: (A) RETAIL ELECTRIC ENERGY INFORMATION- The term `retail electric energy information' means-- (i) the electric energy consumption of an electric consumer over a defined time period; (ii) the retail electric energy prices or rates applied to the electricity usage for the defined time period described in clause (i) for the electric consumer; (iii) the estimated cost of service by the consumer, including (if smart meter usage information is available) the estimated cost of service since the last billing cycle of the consumer; and (iv) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record (such as demand measured in kilowatts, voltage, frequency, current, and power factor). (B) SMART METER- The term `smart meter' means the device used by an electric utility that-- (i)(I) measures electric energy consumption by an electric consumer at the home or facility of the electric consumer in intervals of 1 hour or less; and (II) is capable of sending electric energy usage information through a communications network to the electric utility; or (ii) meets the guidelines issued under paragraph (2). (2) VOLUNTARY GUIDELINES FOR ELECTRIC CONSUMER ACCESS- (A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, subject to subparagraph (B), the Secretary shall issue voluntary guidelines that establish model standards for implementation of retail electric energy information access in States. (B) CONSULTATION- Before issuing the voluntary guidelines, the Secretary shall-- (i) consult with-- (I) State and local regulatory authorities, including the National Association of Regulatory Utility Commissioners; (II) other appropriate Federal agencies, including the National Institute of Standards and Technology; (III) consumer and privacy advocacy groups; (IV) utilities; (V) the National Association of State Energy Officials; and (VI) other appropriate entities, including groups representing commercial and residential building owners and groups that represent demand response and electricity data devices and services; and (ii) provide notice and opportunity for comment. (C) STATE AND LOCAL REGULATORY ACTION- In issuing the voluntary guidelines, the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard established under section 111(d)(17) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(17)). (D) CONTENTS- (i) IN GENERAL- The voluntary guidelines shall provide guidance on issues necessary to carry out this subsection, including-- (I) the timeliness and specificity of retail electric energy information; (II) appropriate nationally recognized open standards for data; (III) the protection of data security and electric consumer privacy, including consumer consent requirements; and (IV) issues relating to access of electric energy information for owners and managers of multitenant commercial and residential buildings. (ii) INCLUSIONS- The voluntary guidelines shall include guidance that-- (I) retail electric energy information should be made available to electric consumers (and third-party designees of the electric consumers) in the United States-- (aa) in an electronic machine readable form, without additional charge, in conformity with standards developed through a voluntary, consensus-based, multistakeholder process; (bb) as timely as is reasonably practicable; (cc) at the level of specificity that the data is transmitted by the meter or as is reasonably practicable; and (dd) in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer; (II) in the case of an electric consumer that is served by a smart meter that can also communicate energy usage information to a device or network of an electric consumer or a device or network of a third party authorized by the consumer, the feasibility should be considered of providing to the consumer or third-party designee, at a minimum, access to usage information (not including price information) of the consumer directly from the smart meter; (III) retail electric energy information should be provided by the electric utility of the consumer or such other entity as may be designated by the applicable electric retail regulatory authority; (IV) retail electric energy information of the consumer should be made available to the consumer through a website or other electronic access authorized by the electric consumer, for a period of at least 13 months after the date on which the usage occurred; (V) consumer access to data, including data provided to owners and managers of commercial and multifamily buildings with multiple tenants, should not interfere with or compromise the integrity, security, or privacy of the operations of a utility and the electric consumer; (VI) electric energy information relating to usage information generated by devices in or on the property of the consumer that is transmitted to the electric utility should be made available to the electric consumer or the third-party agent designated by the electric consumer; and (VII) the same privacy and security requirements applicable to the contracting utility should apply to third-party agents contracting with a utility to process the customer data of that utility. (E) REVISIONS- The Secretary shall periodically review and, as necessary, revise the voluntary guidelines to reflect changes in technology, privacy needs, and the market for electric energy and services. (d) Verification and Implementation- (1) IN GENERAL- A State may submit to the Secretary a description of the data sharing policies of the State relating to consumer access to electric energy information for certification by the Secretary that the policies meet the voluntary guidelines issued under subsection (c)(2). (2) ASSISTANCE- Subject to the availability of funds under paragraph (3), the Secretary shall make Federal amounts available to any State that has data sharing policies described in paragraph (1) that the Secretary certifies meets the voluntary guidelines issued under subsection (c)(2) to assist the State in implementing section 362(d)(17) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(17)). (3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $10,000,000 for fiscal year 2015, to remain available until expended.
S.2158 Mar-26-14
STATUS: March 26, 2014.--Introduced. S.2158 GRID Act (Introduced in Senate - IS) S 2158 IS 113th CONGRESS2d SessionS. 2158 To amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity and physical and other threats and vulnerabilities. IN THE SENATE OF THE UNITED STATESMarch 26, 2014 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to protect the bulk-power system and electric infrastructure critical to the defense of the United States against cybersecurity and physical and other threats and vulnerabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Grid Reliability and Infrastructure Defense Act' or the `GRID Act'. SEC. 2. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. (a) In General- Part II of the Federal Power Act is amended by inserting after section 215 (16 U.S.C. 824o) the following: `SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY. `(a) Definitions- In this section: `(1) BULK-POWER SYSTEM; ELECTRIC RELIABILITY ORGANIZATION; REGIONAL ENTITY- The terms `bulk-power system', `Electric Reliability Organization', and `regional entity' have the meanings given those terms in section 215(a). `(2) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE- The term `defense critical electric infrastructure' means any infrastructure located in the United States (including the territories) used for the generation, transmission, or distribution of electric energy that-- `(A) is not part of the bulk-power system; and `(B) serves a facility designated by the President pursuant to subsection (d)(1), but is not owned or operated by the owner or operator of the facility. `(3) DEFENSE CRITICAL ELECTRIC INFRASTRUCTURE VULNERABILITY- The term `defense critical electric infrastructure vulnerability' means a weakness in defense critical electric infrastructure that, in the event of-- `(A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of defense critical electric infrastructure; or `(B) a direct physical attack on the defense critical electric infrastructure, would pose a substantial risk of significant adverse effects on the reliability of defense critical electric infrastructure. `(4) ELECTROMAGNETIC PULSE- The term `electromagnetic pulse' means 1 or more pulses of electromagnetic energy emitted by any device or weapon capable of generating a pulse that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of systems necessary for the generation, transmission, and distribution of electric energy. `(5) GEOMAGNETIC STORM- The term `geomagnetic storm' means a temporary disturbance of the magnetic field of the Earth resulting from solar activity. `(6) GRID SECURITY THREAT- The term `grid security threat' means a substantial likelihood of-- `(A)(i) a malicious act using electronic communication or an electromagnetic pulse, or a geomagnetic storm event, that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system or of defense critical electric infrastructure; and `(ii) disruption of the operation of those devices or networks, with significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure, as a result of the act or event; or `(B)(i) a direct physical attack on the bulk-power system or on defense critical electric infrastructure; and `(ii) significant adverse effects on the reliability of the bulk-power system or of defense critical electric infrastructure as a result of the physical attack. `(7) GRID SECURITY VULNERABILITY- The term `grid security vulnerability' means a weakness in the bulk power system that, in the event of-- `(A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the bulk-power system; or `(B) a direct physical attack on the bulk-power system, would pose a substantial risk of significant adverse effects on the reliability of the bulk-power system. `(8) LARGE TRANSFORMER- The term `large transformer' means an electric transformer that is part of the bulk-power system. `(9) PROTECTED INFORMATION- The term `protected information' means information, other than classified national security information, designated as protected information by the Commission under subsection (e)(2)-- `(A) that was developed or submitted in connection with the implementation of this section; `(B) that specifically discusses grid security threats, grid security vulnerabilities, defense critical electric infrastructure vulnerabilities, or plans, procedures, or measures to address the threats or vulnerabilities; and `(C) the unauthorized disclosure of which could be used in a malicious manner to impair the reliability of the bulk-power system or of defense critical electric infrastructure. `(10) SECRETARY- The term `Secretary' means the Secretary of Energy. `(11) SECURITY- The term `security' does not have the definition of the term provided in section 3. `(b) Emergency Response Measures- `(1) AUTHORITY TO ADDRESS GRID SECURITY THREATS- `(A) IN GENERAL- If the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination identifying an imminent grid security threat, the Commission may, with or without notice, hearing, or report, issue such orders for emergency measures as are necessary in the judgment of the Commission to protect the reliability of the bulk-power system or of defense critical electric infrastructure against the threat. `(B) RULES OF PROCEDURE- As soon as practicable but not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment, establish rules of procedure that ensure that the authority described in subparagraph (A) can be exercised expeditiously. `(2) NOTIFICATION OF CONGRESS- If the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination under paragraph (1), the President (or the Secretary, as the case may be) shall promptly notify congressional committees of relevant jurisdiction, including the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, of the contents of, and justification for, the directive or determination. `(3) CONSULTATION- Before issuing an order for emergency measures under paragraph (1), the Commission shall, to the extent practicable in light of the nature of the grid security threat and the urgency of the need for the emergency measures, consult with appropriate governmental authorities in Canada and Mexico, entities described in paragraph (4), the Secretary, and other appropriate Federal agencies regarding implementation of the emergency measures. `(4) APPLICATION- An order for emergency measures under this subsection may apply to-- `(A) the Electric Reliability Organization; `(B) a regional entity; or `(C) any owner, user, or operator of the bulk-power system or of defense critical electric infrastructure within the United States. `(5) DISCONTINUANCE- The Commission shall issue an order discontinuing any emergency measures ordered under this subsection, effective not later than 30 days after the earliest of the following: `(A) The date on which the President issues and provides to the Commission (either directly or through the Secretary) a written directive or determination that the grid security threat identified under paragraph (1) no longer exists. `(B) The date on which the Commission issues a written determination that the emergency measures are no longer needed to address the grid security threat identified under paragraph (1), including by means of Commission approval of a reliability standard under section 215 that the Commission determines adequately addresses the threat. `(C) The date that is 1 year after the issuance of an order under paragraph (1). `(6) COST RECOVERY- If the Commission determines that owners, operators, or users of the bulk-power system or of defense critical electric infrastructure have incurred substantial costs to comply with an order under this subsection and that the costs were prudently incurred and cannot reasonably be recovered through regulated rates or market prices for the electric energy or services sold by the owners, operators, or users, the Commission shall, after notice and an opportunity for comment, establish a mechanism that permits the owners, operators, or users to recover the costs. `(c) Measures To Address Grid Security Vulnerabilities- `(1) COMMISSION AUTHORITY- `(A) IN GENERAL- If the Commission, in consultation with appropriate Federal agencies, identifies a grid security vulnerability that the Commission determines has not adequately been addressed through a reliability standard developed and approved under section 215, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, promulgate a rule or issue an order requiring implementation, by any owner, operator, or user of the bulk-power system in the United States, of measures to protect the bulk-power system against such vulnerability. `(B) RECOMMENDATIONS- `(i) IN GENERAL- Before promulgating a rule or issuing an order under this paragraph, the Commission shall, to the extent practicable in light of the urgency of the need for action to address the grid security vulnerability, request and consider recommendations from the Electric Reliability Organization regarding the rule or order. `(ii) DEADLINE- The Commission may establish an appropriate deadline for the submission of the recommendations. `(2) CERTAIN EXISTING CYBERSECURITY VULNERABILITIES- Not later than 180 days after the date of enactment of this section, the Commission shall, after notice and opportunity for comment and after consultation with the Secretary, other appropriate Federal agencies, and appropriate governmental authorities in Canada and Mexico, promulgate a rule or issue an order requiring the implementation, by any owner, user, or operator of the bulk-power system in the United States, of such measures as are necessary to protect the bulk-power system against the vulnerabilities identified in the communication entitled `Electricity Sector Owners and Operators', dated June 21, 2007, of the North American Electric Reliability Corporation, acting in the capacity of the Corporation as the Electricity Sector Information and Analysis Center. `(3) RESCISSION- `(A) IN GENERAL- The Commission shall approve a reliability standard developed under section 215 that addresses a grid security vulnerability that is the subject of a rule or order under paragraph (1) or (2), unless the Commission determines that the reliability standard does not adequately protect against the vulnerability or otherwise does not satisfy the requirements of section 215. `(B) RESCISSION- On such approval, the Commission shall rescind the rule promulgated or order issued under paragraph (1) or (2) addressing the vulnerability, effective on the effective date of the newly approved reliability standard. `(4) LARGE TRANSFORMER AVAILABILITY- `(A) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, issue an order directing the Electric Reliability Organization to submit to the Commission for approval under section 215, not later than 1 year after the issuance of the order, reliability standards addressing availability of large transformers. `(B) RESTORATION OF BULK-POWER SYSTEM- The standards shall require entities that own or operate large transformers to ensure, individually or jointly, adequate availability of large transformers to promptly restore the reliable operation of the bulk-power system in the event that any such transformer is destroyed or disabled as a result of a reasonably foreseeable physical or other attack or geomagnetic storm event. `(C) BASIS FOR STANDARDS- The order of the Commission shall specify the nature and magnitude of the reasonably foreseeable attacks or events that shall provide the basis for the standards. `(D) STANDARDS- The standards shall-- `(i) provide entities subject to the standards with the option of meeting the standards individually or jointly; and `(ii) appropriately balance the risks associated with a reasonably foreseeable attack or event, including-- `(I) any regional variation in the risks; and `(II) the costs of ensuring adequate availability of spare transformers. `(d) Critical Defense Facilities- `(1) DESIGNATION- `(A) IN GENERAL- Not later than 180 days after the date of enactment of this section, the President shall designate, in a written directive or determination provided to the Commission, facilities located in the United States (including the territories) that are-- `(i) critical to the defense of the United States; and `(ii) vulnerable to a disruption of the supply of electric energy provided to such facility by an external provider. `(B) MAXIMUM NUMBER- The number of facilities designated by the directive or determination shall not exceed 100. `(C) REVISION- The President may periodically revise the list of designated facilities through a subsequent written directive or determination provided to the Commission, except that the total number of designated facilities at any time shall not exceed 100. `(2) COMMISSION AUTHORITY- `(A) IN GENERAL- If the Commission identifies a defense critical electric infrastructure vulnerability that the Commission, in consultation with owners and operators of any 1 or more facilities designated by the President pursuant to paragraph (1), determines has not adequately been addressed through measures undertaken by owners or operators of defense critical electric infrastructure, the Commission shall, after notice and an opportunity for comment and after consultation with the Secretary and other appropriate Federal agencies, promulgate a rule or issue an order requiring implementation, by any owner or operator of defense critical electric infrastructure, of measures to protect the defense critical electric infrastructure against the vulnerability. `(B) EXEMPTIONS- `(i) IN GENERAL- The Commission shall exempt from any rule or order promulgated under subparagraph (A) any specific defense critical electric infrastructure that the Commission determines already has been adequately protected against the identified vulnerability. `(ii) CONSULTATION- The Commission shall make any determination under clause (i) in consultation with the owner or operator of the facility designated by the President pursuant to paragraph (1) that relies on the defense critical electric infrastructure. `(3) COST RECOVERY- An owner or operator of defense critical electric infrastructure shall be required to take measures under paragraph (2) only to the extent that the owners or operators of 1 or more facilities designated by the President pursuant to paragraph (1) that rely on the infrastructure agree to bear the full incremental costs of compliance with a rule promulgated or order issued under paragraph (2). `(e) Protection of Information- `(1) PROHIBITION OF PUBLIC DISCLOSURE OF PROTECTED INFORMATION- Protected information-- `(A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and `(B) shall not be made available pursuant to any State, local, or tribal law requiring disclosure of information or records. `(2) INFORMATION SHARING- `(A) IN GENERAL- Consistent with the Controlled Unclassified Information framework established by the President, the Commission shall promulgate such regulations and issue such orders as necessary to designate protected information and to prohibit the unauthorized disclosure of the protected information. `(B) SHARING OF PROTECTED INFORMATION- `(i) IN GENERAL- The regulations promulgated and orders issued pursuant to subparagraph (A) shall provide standards for and facilitate the appropriate sharing of protected information with, between, and by Federal, State, local, and tribal authorities, the Electric Reliability Organization, regional entities, and owners, operators, and users of the bulk-power system in the United States and of defense critical electric infrastructure. `(ii) STATE COMMISSIONS- In promulgating the regulations and issuing the orders, the Commission shall take account of the role of State commissions in reviewing the prudence and cost of investments within the respective jurisdictions of the State commissions. `(iii) CANADA AND MEXICO- The Commission shall consult with appropriate Canadian and Mexican authorities to develop protocols for the sharing of protected information with, between, and by appropriate Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. `(3) SUBMISSION OF INFORMATION TO CONGRESS- Nothing in this section permits or authorizes the withholding of information from Congress, any committee or subcommittee of Congress, or the Comptroller General of the United States. `(4) DISCLOSURE OF NONPROTECTED INFORMATION- `(A) IN GENERAL- In implementing this section, the Commission shall protect from disclosure only the minimum quantity of information necessary to protect the reliability of the bulk-power system and of defense critical electric infrastructure. `(B) SEGREGATION OF PROTECTED INFORMATION- The Commission shall segregate protected information within documents and electronic communications, whenever feasible, to facilitate disclosure of information that is not designated as protected information. `(5) DURATION OF DESIGNATION- Information may not be designated as protected information for longer than 5 years, unless specifically redesignated by the Commission. `(6) REMOVAL OF DESIGNATION- The Commission may remove the designation of protected information, in whole or in part, from a document or electronic communication if the unauthorized disclosure of the information could no longer be used to impair the reliability of the bulk-power system or of defense critical electric infrastructure. `(7) JUDICIAL REVIEW OF DESIGNATIONS- `(A) IN GENERAL- Notwithstanding subsection (f) or section 313, a person or entity may seek judicial review of a determination by the Commission concerning the designation of protected information under this subsection exclusively in the district court of the United States in the district in which the complainant resides, or has a principal place of business, or in the District of Columbia. `(B) PROCEDURE- In a case described in subparagraph (A), the court-- `(i) shall determine the matter de novo; and `(ii) may examine the contents of documents or electronic communications designated as protected information in camera to determine whether the documents or any part of the documents were improperly designated as protected information. `(C) BURDEN OF PROOF- The burden shall be on the Commission to sustain the designation of the Commission. `(f) Judicial Review- `(1) IN GENERAL- The Commission shall act expeditiously to resolve all applications for rehearing of orders issued pursuant to this section that are filed under section 313(a). `(2) JURISDICTION- Any party seeking judicial review pursuant to section 313 of an order issued under this section may obtain the review only in the United States Court of Appeals for the District of Columbia Circuit. `(g) Provision of Assistance to Industry in Meeting Grid Security Protection Needs- `(1) EXPERTISE AND RESOURCES- `(A) IN GENERAL- The Secretary shall establish a program, in consultation with other appropriate Federal agencies, to develop technical expertise in the protection of systems for the generation, transmission, and distribution of electric energy against geomagnetic storms or malicious acts using electronic communications or electromagnetic pulse that would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the reliability of the systems. `(B) RESOURCES- The program shall include the identification and development of appropriate technical and electronic resources, including hardware, software, and system equipment. `(2) SHARING EXPERTISE- `(A) IN GENERAL- As appropriate, the Secretary shall offer to share technical expertise developed under the program under paragraph (1), through consultation and assistance, with owners, operators, or users of systems for the generation, transmission, or distribution of electric energy located in the United States and with State commissions. `(B) PRIORITY- In offering the support, the Secretary shall assign higher priority to systems serving facilities designated by the President pursuant to subsection (d)(1) and other critical-infrastructure facilities, which the Secretary shall identify in consultation with the Commission and other appropriate Federal agencies. `(3) SECURITY CLEARANCES AND COMMUNICATION- `(A) IN GENERAL- The Secretary shall facilitate and, to the extent practicable, expedite the acquisition of adequate security clearances by key personnel of any entity subject to the requirements of this section to enable optimum communication with Federal agencies regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities. `(B) ACTIONABLE INFORMATION- The Secretary, the Commission, and other appropriate Federal agencies shall, to the extent practicable and consistent with their obligations to protect classified and protected information, share timely actionable information regarding grid security threats, grid security vulnerabilities, and defense critical electric infrastructure vulnerabilities with appropriate key personnel of owners, operators, and users of the bulk-power system and of defense critical electric infrastructure. `(h) Certain Federal Entities- During the 11-year period beginning on the date of enactment of this section, the Tennessee Valley Authority and the Bonneville Power Administration shall be exempt from any requirement under subsection (b) or (c) (except for any requirement addressing a malicious act using electronic communication).'. (b) Conforming Amendments- (1) JURISDICTION- Section 201(b)(2) of the Federal Power Act (16 U.S.C. 824(b)(2)) is amended by inserting `215A,' after `215,' each place it appears. (2) PUBLIC UTILITY- Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended by inserting `215A,' after `215,'.
S.2136 Mar-13-14
STATUS: March 13, 2014.--Introduced. S.2136 To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. (Introduced in Senate - IS) S 2136 IS 113th CONGRESS2d SessionS. 2136 To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. IN THE SENATE OF THE UNITED STATESMarch 13, 2014 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To ensure that oil transported through the Keystone XL pipeline into the United States is used to reduce United States dependence on Middle Eastern oil. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENERGY SECURITY. (a) In General- Subject to subsection (b), the Secretary of Energy shall ensure that any crude oil and bitumen transported into the United States by the Keystone XL pipeline, and all refined petroleum fuel products originating from that crude oil or bitumen, will be entered into domestic commerce in the United States for-- (1) use as a fuel; or (2) the manufacture of another product. (b) Waivers Authorized- The President may waive the requirement described in subsection (a) if-- (1) the President determines that a waiver is in the national interest because it-- (A) will not lead to an increase in domestic consumption of crude oil or refined petroleum products obtained from countries hostile to United States interests or with political and economic instability that compromises energy supply security; (B) will not lead to higher costs to refiners who purchase the crude oil than the refiners would pay for crude oil in the absence of the waiver; and (C) will not lead to higher gasoline costs to consumers than consumers would pay in the absence of the waiver; (2) an exchange of crude oil or refined product provides for no net loss of crude oil or refined product consumed domestically; or (3) a waiver is necessary under the Constitution, a law, or an international agreement.
S.2129 Mar-13-14
STATUS: March 13, 2014.--Introduced. S.2129 ATTAIN Act of 2014 (Introduced in Senate - IS) S 2129 IS 113th CONGRESS2d SessionS. 2129 To amend the Department of Energy Organization Act to improve technology transfer at the Department of Energy by reducing bureaucratic barriers to industry, entrepreneurs, and small businesses, as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers, and for other purposes. IN THE SENATE OF THE UNITED STATESMarch 13, 2014 Mr. UDALL of New Mexico introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Department of Energy Organization Act to improve technology transfer at the Department of Energy by reducing bureaucratic barriers to industry, entrepreneurs, and small businesses, as well as ensure that public investments in research and development generate the greatest return on investment for taxpayers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Accelerating Technology Transfer to Advance Innovation for the Nation Act of 2014' or the `ATTAIN Act of 2014'. SEC. 2. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND INNOVATION IN ENERGY. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the following: `SEC. 218. OFFICE OF ADVANCED RESEARCH, TECHNOLOGY TRANSFER, AND INNOVATION IN ENERGY. `(a) In General- There is established an Office of Advanced Research, Technology Transfer, and Innovation in Energy (referred to in this section as the `Office'), based in Washington, DC, and under the direction of the Technology Transfer Coordinator appointed under section 1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), to improve the consolidation, coordination, and use of technology transfer resources of the Department. `(b) Duties- The Office shall-- `(1) improve procurement, contracting, and partnership procedures for technology transfer through-- `(A) within the Department and National Laboratories, the innovative use of existing mechanisms (such as cooperative research and development agreements) and the development of new mechanisms (such as Agreements for Commercializing Technology, technology investment agreements, and other transaction authority) to improve the ability of the Department and National Laboratories to procure, contract, and partner with industry and business to implement technology transfer activities; `(B) the streamlining and improvement of the review and approval process at all levels, for existing and future technology transfer agreements (including cooperative research and development agreements) and the use of best practices and process performance improvement evaluation to reduce the time required to enable the technology transfer activities of the Department and National Laboratories to engage and cooperate with industry and business at the speed of opportunity; and `(C) in connection with other Federal agencies, other actions that improve the operational efficiency and technology transfer effectiveness of the Department; `(2) improve the sharing and coordination of technology transfer information and resources through actions such as the establishment of a single website that can be used for technology transfer within the Department; `(3) establish and administer T2-Corps in accordance with section 219; `(4) administer the technology transfer investment initiative in accordance with section 220; `(5) improve the effectiveness of small business innovation research programs and small business technology transfer programs by-- `(A) strategically aligning topics areas in requests for proposals to compliment research and development capabilities at the National Laboratories and funding opportunity announcements offered by Department programs through better identification of technology readiness levels or commercialization readiness levels to enable small business success; and `(B) increasing coordination and use of small business innovation research programs and small business technology transfer programs across the Department and National Laboratories to connect large research and development investments to a strong and well-organized commercialization plan; `(6) establish and administer an industry and business technology transfer working group that-- `(A) parallels and complements the efforts of the National Laboratory technology working group; `(B) shall convene regularly to make recommendations to the Department and National Laboratories for use to assess capabilities and implement improvements regarding-- `(i) priorities for commercialization; `(ii) the assessment of technology targets; `(iii) the evaluation of the impact of technology transfer activities; and `(iv) implementation of technology transfer activities; and `(C) shall carry out technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department, to evaluate the progress and impact of the technology transfer programs and activities of the Department and the National Nuclear Security Administration; `(7) encourage the use of alternative data rights provisions by improving procurements language to enable the Department and National Laboratories to work with third parties with whom the Department and National Laboratories have issued a subcontract, to enable-- `(A) the third party to have full title, limited title, or partial use of any software or data authored by the Department or National Laboratories, if necessary and applicable; and `(B) each relevant group to coordinate and cooperate more effectively; `(8) enable a platform or resource that allows existing prenegotiated and express licensing programs to expand intellectual property bundling agreements to encourage university, foundation, nonprofit, and industry partners to present licensable intellectual property (along with the Department and National Laboratories) within a common database, with-- `(A) the database administered by the Department and database content available to the T2-Corps teams, the Department, and the National Laboratories; and `(B) the goal of the cooperation being to create an effective process that enhances opportunities for technology transfer and commercialization by-- `(i) encouraging and leveraging research and development funds dedicated to complementary projects; `(ii) facilitating streamlined licensing negotiations; `(iii) encouraging cost-effective intellectual property management and fulfilling equal opportunity; `(iv) minimizing potential for conflicts in a manner that increases the access of participants in T2-Corps to scientists and engineers of National Laboratories; and `(v) increasing the accessibility of licensable technology across larger numbers of licensees; `(9) coordinate with the Small Business Innovation Research Program (SBIR) and Small Business Technology Transfer Program (STTR) of the Department-- `(A) to maximize the impact of technology transfer opportunities and activities; and `(B) to implement strategic changes that are mutually beneficial to the Office and those Programs; `(10) carry out technology transfer evaluations, measurement, and reporting functions of the Department; `(11) conduct an annual evaluation of the progress and impact of the Office that-- `(A) is conducted through-- `(i) the working group established under paragraph (6); and `(ii) technology transfer peer reviews that are similar to professional peer reviews conducted by other agencies of the Department; `(B) includes information relating to the economic and technology transfer impact of technology transfer programs, which shall be evaluated based on-- `(i) the types of employment opportunities created, based on North American Industry Classification System (NAICS) employment data; `(ii) the aggregate amount of follow-on investment; `(iii) the start-up survival and growth rate; `(iv) Department and National Laboratory transactional efficiency for different phases of licensing cooperative research and development agreements and other technology transfer-related processes; `(v) the effectiveness of local and regional partnerships; and `(vi) other key metrics determined by the Secretary and the National Nuclear Security Administration; `(C) to the maximum extent practicable, uses random sampling, retroactive data, and other justifiable evaluation methodologies to control the cost and scope of the evaluations and the collection and analysis of data relevant to the metrics described in this paragraph; and `(D) provides for-- `(i) the continuous monitoring of the fairness and opportunities in the administration of this paragraph; and `(ii) an evaluation of-- `(I) accessibility; and `(II) expectations and limitations relating to employee conflict of interest; `(12) through the working group established under paragraph (6) (in consultation with the Secretary and the Technology Transfer Working Group established under section 1001(d) of the Energy Policy Act of 2005 (42 U.S.C. 16391(d))), subject to subsection (c), collect data regarding the technology transfer activities and programs of the Department; `(13) submit the report described in paragraph (10) to Congress and incorporate the findings of that report in the performance evaluation and management plans of each of the National Laboratories; `(14) consolidate resources and reduce bureaucratic barriers within the Department and become the office responsible for the coordination, planning, monitoring, and implementation of sections 1001, 1002, 1003, and 1004 of title X of the Energy Policy Act of 2005 (42 U.S.C. 16391, 16392, 16393, 16394), to assist the Department and National Laboratories in carrying out technology transfer and small business activities; `(15) administer the Technology Commercialization Fund established under section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 16391(e)), including-- `(A) the development of a multiyear plan for the use of the Fund; `(B) the use of the Fund to carry out the duties of the Office; `(C) the coordination with other agencies of the Department on the use of the Fund; and `(D) the submission to Congress of an annual report that describes use of the Fund during the preceding year; `(16) except as otherwise provided in this Act, carry out the research, development, demonstration, and commercial application programs, projects, and activities authorized by this Act in accordance with-- `(A) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); `(B) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); `(C) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); `(D) the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.); `(E) chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act'); and `(F) any other Act under which the Secretary is authorized to carry out the programs, projects, and activities; and `(17) perform such other duties as are determined appropriate by the Secretary. `(c) Protection of Information- The following types of information collected by the Department or National Laboratories from recipients of financial assistance awards or technology transfer partners (including parties to cooperative research and development agreements or other similar agreements) shall be considered privileged and confidential and shall not be subject to disclosure under section 552 of title 5, United States Code: `(1) Plans for commercialization of technologies developed under an award or agreement, including business plans, technology-to-market plans, market studies, and cost and performance models. `(2) Specific investments provided to the recipient of an award or party to an agreement from third parties (such as venture capital firms, hedge funds, and private equity firms), including the amount of the investment and the percentage of ownership of the award provided in return for the investment, unless the disclosure is made in an aggregate form that provides anonymity. `(3) Additional financial support that the recipient of an award or party to an agreement-- `(A) plans to or has invested into the technology developed under the award or agreement; or `(B) is seeking from third parties. `(4) Revenue from the licensing or sale of new products or services resulting from research conducted under the award or agreement, unless the disclosure is made in an aggregate form that provides anonymity. `(d) Results of Evaluation and Analysis- `(1) IN GENERAL- The Secretary shall use the reviews, evaluations, and reports conducted under this section to improve and enhance-- `(A) the technology transfer programs and activities of the Department; and `(B) the technology transfer offices of the National Laboratories and the National Nuclear Security Administration to promote the technology transfer goals of the Department. `(2) NATIONAL LABORATORIES- `(A) IN GENERAL- The Department shall work with each National Laboratory to incorporate the evaluation and impact of technology transfer activities in the annual performance evaluation and measurement plan of the National Laboratory to enable significant progress to be rewarded and limited progress to be improved annually. `(B) ADMINISTRATION- The evaluation process under this paragraph shall-- `(i) focus on the performance of each National Laboratory individually; and `(ii) compare the performance of each National Laboratory during the applicable and previous year. `(e) Technology Transfer Offices- `(1) IN GENERAL- Each National Laboratory shall establish or maintain, as applicable, a technology transfer office for the Office. `(2) COORDINATION- The Office shall connect and coordinate the technology transfer offices established under this subsection. `(3) DUTIES- Each technology transfer office shall serve as the regional implementation office for the technology transfer programs of the Department, including technology commercialization, entrepreneurship, and business development.'. SEC. 3. T 2 -CORPS. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) (as amended by section 2) is amended by adding at the end the following: `SEC. 219. T 2 -CORPS. `(a) Establishment- `(1) IN GENERAL- The Secretary shall establish a T2-Corps, modeled after the I-Corps of the National Science Foundation, to support investments in entrepreneurs, mentors, and principal investigators. `(2) GOALS- The goal of the T2-Corps is to invest in technology maturation, market assessment, and increasing industry and small business access to intellectual property and core capabilities of the Department and National Laboratories. `(b) Teams- `(1) IN GENERAL- The Office of Advanced Research, Technology Transfer, and Innovation in Energy (including technology transfer offices of the Office) (referred to in this section as the `Office') shall establish teams composed of-- `(A) entrepreneurs who possess relevant technical knowledge and a commitment to investigate the commercial applications of technology innovation; `(B) mentors who are experienced entrepreneurs, with technology, marketing, commercialization, or other relevant expertise to assist teams in the development of the team and throughout the learning process in a manner similar to the Senior Corps; and `(C) principal investigators who serve as technical lead and project managers. `(2) COMPETITIVE PROCESS- Each team shall be selected and assembled through a competitive process. `(3) TECHNOLOGY TRANSFER OFFICE- `(A) IN GENERAL- Each team shall be hosted by a technology transfer office. `(B) DUTIES- The technology transfer office shall monitor and administer participation in the program in accordance with this section. `(4) DIVERSITY- The Secretary shall ensure, to the maximum extent practicable, the diversity of teams established under this subsection. `(c) Technology Commercialization Challenges- `(1) IN GENERAL- The Office may establish and participate in technology commercialization challenges. `(2) ADMINISTRATION- The Office may use a technology commercialization challenge-- `(A) to leverage the core strengths of a National Laboratory and allow the National Laboratory to focus on a specific topic; and `(B) to create collaborative public-private partnerships that address challenges identified by the industry or National Laboratory technology transfer working groups. `(C) SMALL ENTERPRISES- The Secretary and the Administrator of the Small Business Administration shall ensure that at least 80 percent of the businesses participating in the T2-Corps are smaller enterprises (as defined by the Administrator) that are located in diverse regional geographic areas established under section 220(e)(4). `(d) Coordination- `(1) IN GENERAL- The Office shall work with National Laboratory technology transfer offices-- `(A) to develop information sharing and coordinate resources to enable coordination and competition between members of T2-Corps teams, including a coordination platform that leverage existing elements of social media and networking to connect individuals and teams in the exchange of information and ideas; and `(B) to connect follow on-funding and other resources with successful start-ups through actions such as-- `(i) inviting successful teams or projects to participate in an alumni network to reinvest in the next generation of start-ups; and `(ii) arranging opportunities for successful start-ups to connect with programs that are not administered by the Department or the Small Business Administration to promote the growth of business. `(2) NONPROFIT ENTITIES- `(A) IN GENERAL- The Office shall partner with foundations and nonprofit entities with similar technology transfer and entrepreneurship priorities and goals to assist in carrying out this section. `(B) ACTIVITIES- The partnerships may be established to carry out-- `(i) coordination, planning, and volunteer activities that do not involve the transfer of funding between partners; or `(ii) competitively solicited partnership agreements-- `(I) to enable foundations and nonprofit entities to apply for funding to assist in carrying out Department activities; or `(II) to provide funding to augment existing Department activities relating specifically to common technology transfer and entrepreneurship priorities and goals. `(e) Funding- The Office may use to carry out this section-- `(1) funding made available to carry out-- `(A) the Small Business Act (15 U.S.C. 631 et seq.); or `(B) section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391); and `(2) any other funds that are made available to carry out this section.'. SEC. 4. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE. Title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.) (as amended by section 3) is amended by adding at the end the following: `SEC. 220. TECHNOLOGY TRANSFER INVESTMENT INITIATIVE. `(a) In General- The Secretary and the Administrator of the Small Business Administration (referred to in this section as the `Administrator') shall jointly establish and carry out a Technology Transfer Investment Initiative (referred to in this section as the `Initiative'). `(b) Partnership- To carry out the Initiative, the Secretary shall enter into a memorandum of understanding with the Administrator to coordinate a partnership program carried out by-- `(1) the Office of Advanced Research, Technology Transfer, and Innovation established by section 218; and `(2) the Small Business Investment Company (referred to in this section as `SBIC') Program of the Small Business Administration. `(c) Goal- The goal of the partnership program shall be to leverage the strengths of the SBIC program to benefit the T2-Corps teams completing the Department program. `(d) Technology Transfer Investment Initiative- `(1) SELECTION- The Administrator, in consultation with the Secretary, shall solicit SBIC participation in the technology transfer investment initiative of the Small Business Administration and the Department. `(2) PARTICIPATION- A SBIC that agrees or is selected to participate in technology transfer investment initiative shall-- `(A) regularly review proposals created by T2-Corps teams for possible investment; `(B) assess each proposal against the criteria established by the SBIC; and `(C) comply with all provisions of law applicable to the Small Business Administration (including regulations). `(3) REGIONAL GEOGRAPHIC AREAS- `(A) IN GENERAL- The Office established under section 218 (including National Laboratory technology transfer offices), in coordination with T2-Corps established under section 219, shall establish and coordinate regional geographic areas to carry out the Initiative. `(B) LEVERAGE- The Office (including National Laboratory technology transfer offices) and SBICs shall leverage, to the maximum extent practicable, the experience and expertise of local, State, and regional partners to efficiency and effectively implement the Initiative.'.
H.Res.2126 May-23-13
STATUS: May 23, 2013.--Referred to the House Committee on Energy and Commerce. May 24, 2013.--Referred to the Subcommittee on Energy and Power. February 28, 2014.--Ordered to be Reported (Amended) by Voice Vote. March 5, 2014.--On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 375 - 36 March 6, 2014.--Received in Senate. H.R.2126 Energy Efficiency Improvement Act of 2014 (Engrossed in House [Passed House] - EH) HR 2126 EH 113th CONGRESS2d Session H. R. 2126AN ACT To promote energy efficiency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Energy Efficiency Improvement Act of 2014'. TITLE I--BETTER BUILDINGS SEC. 101. SHORT TITLE. This title may be cited as the `Better Buildings Act of 2014'. SEC. 102. ENERGY EFFICIENCY IN FEDERAL AND OTHER BUILDINGS. (a) Definitions- In this section: (1) ADMINISTRATOR- The term `Administrator' means the Administrator of General Services. (2) COST-EFFECTIVE ENERGY EFFICIENCY MEASURE- The term `cost-effective energy efficiency measure' means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides energy savings in an amount that is not less than the cost of such installing, implementing, or operating. (3) COST-EFFECTIVE WATER EFFICIENCY MEASURE- The term `cost-effective water efficiency measure' means any building product, material, equipment, or service, and the installing, implementing, or operating thereof, that provides water savings in an amount that is not less than the cost of such installing, implementing, or operating. (b) Model Provisions, Policies, and Best Practices- (1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Energy and after providing the public with an opportunity for notice and comment, shall develop model commercial leasing provisions and best practices in accordance with this subsection. (2) COMMERCIAL LEASING- (A) IN GENERAL- The model commercial leasing provisions developed under this subsection shall, at a minimum, align the interests of building owners and tenants with regard to investments in cost-effective energy efficiency measures and cost-effective water efficiency measures to encourage building owners and tenants to collaborate to invest in such measures. (B) USE OF MODEL PROVISIONS- The Administrator may use the model commercial leasing provisions developed under this subsection in any standard leasing document that designates a Federal agency (or other client of the Administrator) as a landlord or tenant. (C) PUBLICATION- The Administrator shall periodically publish the model commercial leasing provisions developed under this subsection, along with explanatory materials, to encourage building owners and tenants in the private sector to use such provisions and materials. (3) REALTY SERVICES- The Administrator shall develop policies and practices to implement cost-effective energy efficiency measures and cost-effective water efficiency measures for the realty services provided by the Administrator to Federal agencies (or other clients of the Administrator), including periodic training of appropriate Federal employees and contractors on how to identify and evaluate those measures. (4) STATE AND LOCAL ASSISTANCE- The Administrator, in consultation with the Secretary of Energy, shall make available model commercial leasing provisions and best practices developed under this subsection to State, county, and municipal governments for use in managing owned and leased building space in accordance with the goal of encouraging investment in all cost-effective energy efficiency measures and cost-effective water efficiency measures. SEC. 103. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. (a) In General- Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is amended by adding at the end the following: `SEC. 424. SEPARATE SPACES WITH HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURES. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs. `(2) SEPARATE SPACES- The term `separate spaces' means areas within a commercial building that are leased or otherwise occupied by a tenant or other occupant for a period of time pursuant to the terms of a written agreement. `(b) Study- `(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary of Energy Efficiency and Renewable Energy, shall complete a study on the feasibility of-- `(A) significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and `(B) encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. `(2) SCOPE- The study shall, at a minimum, include-- `(A) descriptions of-- `(i) high-performance energy efficiency measures that should be considered as part of the initial design and construction of separate spaces; `(ii) processes that owners, tenants, architects, and engineers may replicate when designing and constructing separate spaces with high-performance energy efficiency measures; `(iii) policies and best practices to achieve reductions in energy intensities for lighting, plug loads, heating, cooling, cooking, laundry, and other systems to satisfy the needs of the commercial building tenant; `(iv) return on investment and payback analyses of the incremental cost and projected energy savings of the proposed set of high-performance energy efficiency measures, including consideration of available incentives; `(v) models and simulation methods that predict the quantity of energy used by separate spaces with high-performance energy efficiency measures and that compare that predicted quantity to the quantity of energy used by separate spaces without high-performance energy efficiency measures but that otherwise comply with applicable building code requirements; `(vi) measurement and verification platforms demonstrating actual energy use of high-performance energy efficiency measures installed in separate spaces, and whether such measures generate the savings intended in the initial design and construction of the separate spaces; `(vii) best practices that encourage an integrated approach to designing and constructing separate spaces to perform at optimum energy efficiency in conjunction with the central systems of a commercial building; and `(viii) any impact on employment resulting from the design and construction of separate spaces with high-performance energy efficiency measures; and `(B) case studies reporting economic and energy savings returns in the design and construction of separate spaces with high-performance energy efficiency measures. `(3) PUBLIC PARTICIPATION- Not later than 90 days after the date of the enactment of this section, the Secretary shall publish a notice in the Federal Register requesting public comments regarding effective methods, measures, and practices for the design and construction of separate spaces with high-performance energy efficiency measures. `(4) PUBLICATION- The Secretary shall publish the study on the website of the Department of Energy.'. (b) Clerical Amendment- The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 423 the following new item: `Sec. 424. Separate spaces with high-performance energy efficiency measures.'. SEC. 104. TENANT STAR PROGRAM. (a) In General- Subtitle B of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) (as amended by section 3) is amended by adding at the end the following: `SEC. 425. TENANT STAR PROGRAM. `(a) Definitions- In this section: `(1) HIGH-PERFORMANCE ENERGY EFFICIENCY MEASURE- The term `high-performance energy efficiency measure' has the meaning given the term in section 424. `(2) SEPARATE SPACES- The term `separate spaces' has the meaning given the term in section 424. `(b) Tenant Star- The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Energy, shall develop a voluntary program within the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a), which may be known as Tenant Star, to promote energy efficiency in separate spaces leased by tenants or otherwise occupied within commercial buildings. `(c) Expanding Survey Data- The Secretary of Energy, acting through the Administrator of the Energy Information Administration, shall-- `(1) collect, through each Commercial Buildings Energy Consumption Survey of the Energy Information Administration that is conducted after the date of enactment of this section, data on-- `(A) categories of building occupancy that are known to consume significant quantities of energy, such as occupancy by data centers, trading floors, and restaurants; and `(B) other aspects of the property, building operation, or building occupancy determined by the Administrator of the Energy Information Administration, in consultation with the Administrator of the Environmental Protection Agency, to be relevant in lowering energy consumption; `(2) with respect to the first Commercial Buildings Energy Consumption Survey conducted after the date of enactment of this section, to the extent full compliance with the requirements of paragraph (1) is not feasible, conduct activities to develop the capability to collect such data and begin to collect such data; and `(3) make data collected under paragraphs (1) and (2) available to the public in aggregated form and provide such data, and any associated results, to the Administrator of the Environmental Protection Agency for use in accordance with subsection (d). `(d) Recognition of Owners and Tenants- `(1) OCCUPANCY-BASED RECOGNITION- Not later than 1 year after the date on which sufficient data is received pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall, following an opportunity for public notice and comment-- `(A) in a manner similar to the Energy Star rating system for commercial buildings, develop policies and procedures to recognize tenants in commercial buildings that voluntarily achieve high levels of energy efficiency in separate spaces; `(B) establish building occupancy categories eligible for Tenant Star recognition based on the data collected under subsection (c) and any other appropriate data sources; and `(C) consider other forms of recognition for commercial building tenants or other occupants that lower energy consumption in separate spaces. `(2) DESIGN- AND CONSTRUCTION-BASED RECOGNITION- After the study required by section 424(b) is completed, the Administrator of the Environmental Protection Agency, in consultation with the Secretary and following an opportunity for public notice and comment, may develop a voluntary program to recognize commercial building owners and tenants that use high-performance energy efficiency measures in the design and construction of separate spaces.'. (b) Clerical Amendment- The table of contents in section 1(b) of the Energy Independence and Security Act of 2007 is amended by inserting after the item relating to section 424 (as added by section 3(b)) the following new item: `Sec. 425. Tenant Star program.'. TITLE II--GRID-ENABLED WATER HEATERS SEC. 201. GRID-ENABLED WATER HEATERS. Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et seq.) is amended-- (1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the end the following: `(6) ADDITIONAL STANDARDS FOR GRID-ENABLED WATER HEATERS- `(A) DEFINITIONS- In this paragraph: `(i) ACTIVATION LOCK- The term `activation lock' means a control mechanism (either a physical device directly on the water heater or a control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than 50 percent of the rated first hour delivery of hot water certified by the manufacturer. `(ii) GRID-ENABLED WATER HEATER- The term `grid-enabled water heater' means an electric resistance water heater that-- `(I) has a rated storage tank volume of more than 75 gallons; `(II) is manufactured on or after April 16, 2015; `(III) has-- `(aa) an energy factor of not less than 1.061 minus the product obtained by multiplying-- `(AA) the rated storage volume of the tank, expressed in gallons; and `(BB) 0.00168; or `(bb) an equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E); `(IV) is equipped at the point of manufacture with an activation lock; and `(V) bears a permanent label applied by the manufacturer that-- `(aa) is made of material not adversely affected by water; `(bb) is attached by means of non-water-soluble adhesive; and `(cc) advises purchasers and end-users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: `IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.'. `(B) REQUIREMENT- The manufacturer or private labeler shall provide the activation key for a grid-enabled water heater only to a utility or other company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater. `(C) REPORTS- `(i) MANUFACTURERS- The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each year. `(ii) OPERATORS- The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such other mechanism that the Secretary determines appropriate after an opportunity for notice and comment. `(iii) CONFIDENTIALITY REQUIREMENTS- The Secretary shall treat shipment data reported by manufacturers as confidential business information. `(D) PUBLICATION OF INFORMATION- `(i) IN GENERAL- In 2017 and 2019, the Secretary shall publish an analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response and thermal storage programs. `(ii) PREVENTION OF PRODUCT DIVERSION- If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. `(E) COMPLIANCE- `(i) IN GENERAL- Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that-- `(I) grid-enabled water heaters do not require a separate efficiency requirement; or `(II) sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such products activated for use in demand response and thermal storage programs annually and procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. `(ii) EFFECTIVE DATE- If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described in subsection (m)(4)(A)(ii). `(iii) CONSIDERATION- In carrying out this section with respect to electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including any impact on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. `(iv) REQUIREMENTS- In carrying out this paragraph, the Secretary shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary determines that the technology is available, practical, and cost-effective.'; (2) in section 332(a) (42 U.S.C. 6302(a))-- (A) in paragraph (5), by striking `or' at the end; (B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; (C) by redesignating the second paragraph (6) as paragraph (7); (D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking the period at the end and inserting `; or'; and (E) by adding at the end the following: `(8) for any person to-- `(A) activate an activation lock for a grid-enabled water heater with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; `(B) distribute an activation key for a grid-enabled water heater with knowledge that such activation key will be used to activate a grid-enabled water heater that is not used as part of an electric thermal storage or demand response program; `(C) otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater is not used as part of an electric thermal storage or demand response program; or `(D) knowingly remove or render illegible the label of a grid-enabled water heater described in section 325(e)(6)(A)(ii)(V).'; (3) in section 333(a) (42 U.S.C. 6303(a))-- (A) by striking `section 332(a)(5)' and inserting `paragraph (5), (6), (7), or (8) of section 332(a)'; and (B) by striking `paragraph (1), (2), or (5) of section 332(a)' and inserting `paragraph (1), (2), (5), (6), (7), or (8) of section 332(a)'; and (4) in section 334 (42 U.S.C. 6304)-- (A) by striking `section 332(a)(5)' and inserting `paragraph (5), (6), (7), or (8) of section 332(a)'; and (B) by striking `section 332(a)(6)' and inserting `section 332(a)(7)'. TITLE III--ENERGY EFFICIENT GOVERNMENT TECHNOLOGY SEC. 301. SHORT TITLE. This title may be cited as the `Energy Efficient Government Technology Act'. SEC. 302. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. Subtitle C of title V of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at the end the following: `SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. `(a) Definitions- In this section: `(1) DIRECTOR- The term `Director' means the Director of the Office of Management and Budget. `(2) INFORMATION TECHNOLOGY- The term `information technology' has the meaning given that term in section 11101 of title 40, United States Code. `(b) Development of Implementation Strategy- Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d). `(c) Administration- In developing an implementation strategy under subsection (b), each Federal agency shall consider-- `(1) advanced metering infrastructure; `(2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; `(3) advanced power management tools; `(4) building information modeling, including building energy management; `(5) secure telework and travel substitution tools; and `(6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. `(d) Performance Goals- `(1) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology. `(2) BEST PRACTICES- The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of the use of-- `(A) energy savings performance contracting; and `(B) utility energy services contracting. `(e) Reports- `(1) AGENCY REPORTS- Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. `(2) OMB GOVERNMENT EFFICIENCY REPORTS AND SCORECARDS- Effective beginning not later than October 1, 2015, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section.'. SEC. 303. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) by striking subsection (b)(3); and (2) by striking subsections (c) through (g) and inserting the following: `(c) Stakeholder Involvement- The Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains. In such collaboration, the Secretary and the Administrator shall pay particular attention to organizations that-- `(1) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; `(2) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise; `(3) follow-- `(A) commonly accepted procedures for the development of specifications; and `(B) accredited standards development processes; and `(4) have a mission to promote energy efficiency for data centers and information technology. `(d) Measurements and Specifications- The Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by the Federal Energy Management Program, the Energy Star Program, and other efficiency programs of the Department of Energy or the Environmental Protection Agency. `(e) Study- The Secretary, in collaboration with the Administrator, shall, not later than 18 months after the date of enactment of the Energy Efficient Government Technology Act, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- `(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; `(2) an analysis considering the impact of information technologies, to include virtualization and cloud computing, in the public and private sectors; `(3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and `(4) updated projections and recommendations for best practices through fiscal year 2020. `(f) Data Center Energy Practitioner Program- The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to such program, whenever practicable using certified practitioners employed by the agency. `(g) Open Data Initiative- The Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. In establishing the initiative, the Secretary shall consider the use of the online Data Center Maturity Model. `(h) International Specifications and Metrics- The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. `(i) Data Center Utilization Metric- The Secretary, in collaboration with key stakeholders, shall facilitate in the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). `(j) Protection of Proprietary Information- The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives established under this section.'. TITLE IV--ENERGY INFORMATION FOR COMMERCIAL BUILDINGS SEC. 401. ENERGY INFORMATION FOR COMMERCIAL BUILDINGS. (a) Requirement of Benchmarking and Disclosure for Leasing Buildings Without Energy Star Labels- Section 435(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17091(b)(2)) is amended-- (1) by striking `paragraph (2)' and inserting `paragraph (1)'; and (2) by striking `signing the contract,' and all that follows through the period at the end and inserting the following: `signing the contract, the following requirements are met: `(A) The space is renovated for all energy efficiency and conservation improvements that would be cost effective over the life of the lease, including improvements in lighting, windows, and heating, ventilation, and air conditioning systems. `(B)(i) Subject to clause (ii), the space is benchmarked under a nationally recognized, online, free benchmarking program, with public disclosure, unless the space is a space for which owners cannot access whole building utility consumption data, including spaces-- `(I) that are located in States with privacy laws that provide that utilities shall not provide such aggregated information to multitenant building owners; and `(II) for which tenants do not provide energy consumption information to the commercial building owner in response to a request from the building owner. `(ii) A Federal agency that is a tenant of the space shall provide to the building owner, or authorize the owner to obtain from the utility, the energy consumption information of the space for the benchmarking and disclosure required by this subparagraph.'. (b) Study- (1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary of Energy, in collaboration with the Administrator of the Environmental Protection Agency, shall complete a study-- (A) on the impact of-- (i) State and local performance benchmarking and disclosure policies, and any associated building efficiency policies, for commercial and multifamily buildings; and (ii) programs and systems in which utilities provide aggregated information regarding whole building energy consumption and usage information to owners of multitenant commercial, residential, and mixed-use buildings; (B) that identifies best practice policy approaches studied under subparagraph (A) that have resulted in the greatest improvements in building energy efficiency; and (C) that considers-- (i) compliance rates and the benefits and costs of the policies and programs on building owners, utilities, tenants, and other parties; (ii) utility practices, programs, and systems that provide aggregated energy consumption information to multitenant building owners, and the impact of public utility commissions and State privacy laws on those practices, programs, and systems; (iii) exceptions to compliance in existing laws where building owners are not able to gather or access whole building energy information from tenants or utilities; (iv) the treatment of buildings with-- (I) multiple uses; (II) uses for which baseline information is not available; and (III) uses that require high levels of energy intensities, such as data centers, trading floors, and televisions studios; (v) implementation practices, including disclosure methods and phase-in of compliance; (vi) the safety and security of benchmarking tools offered by government agencies, and the resiliency of those tools against cyber-attacks; and (vii) international experiences with regard to building benchmarking and disclosure laws and data aggregation for multitenant buildings. (2) SUBMISSION TO CONGRESS- At the conclusion of the study, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the results of the study. (c) Creation and Maintenance of Database- (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act and following opportunity for public notice and comment, the Secretary of Energy, in coordination with other relevant agencies, shall maintain, and if necessary create, a database for the purpose of storing and making available public energy-related information on commercial and multifamily buildings, including-- (A) data provided under Federal, State, local, and other laws or programs regarding building benchmarking and energy information disclosure; (B) information on buildings that have disclosed energy ratings and certifications; and (C) energy-related information on buildings provided voluntarily by the owners of the buildings, only in an anonymous form unless the owner provides otherwise. (2) COMPLEMENTARY PROGRAMS- The database maintained pursuant to paragraph (1) shall complement and not duplicate the functions of the Environmental Protection Agency's Energy Star Portfolio Manager tool. (d) Input From Stakeholders- The Secretary of Energy shall seek input from stakeholders to maximize the effectiveness of the actions taken under this section. (e) Report- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and Committee on Energy and Natural Resources of the Senate a report on the progress made in complying with this section. Passed the House of Representatives March 5, 2014. Attest: Clerk. 113th CONGRESS2d SessionH. R. 2126AN ACT To promote energy efficiency, and for other purposes.
S.2123 Mar-12-14
STATUS: March 12, 2014.--Introduced. July 30, 2014.--Subcommittee hearing held. S.2123 School District 318 Land Exchange Act (Introduced in Senate - IS) S 2123 IS 113th CONGRESS2d SessionS. 2123 To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. FRANKEN (for himself and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the exchange of certain Federal land and non-Federal land in the State of Minnesota. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `School District 318 Land Exchange Act'. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to provide greater safety to the students of the Robert J. Elkington Middle School and the families of those students in Grand Rapids, Minnesota; and (2) to promote the mission of the United States Geological Survey. SEC. 3. DEFINITIONS. In this Act: (1) DISTRICT- The term `District' means Minnesota Independent School District number 318 in Grand Rapids, Minnesota. (2) FEDERAL LAND- (A) IN GENERAL- The term `Federal land' means the parcel of approximately 1.3 acres of United States Geological Survey land identified as USGS Parcel 91-016-4111 on the map, which was transferred to the Department of the Interior by the General Services Administration by a letter dated July 22, 1965. (B) INCLUSION- The term `Federal land' includes any structures on the land described in subparagraph (A). (3) MAP- The term `map' means each of the maps entitled `USGS and School Parcel Locations' and dated January 15, 2014. (4) NON-FEDERAL LAND- (A) IN GENERAL- The term `non-Federal land' means the parcel of approximately 1.6 acres of District land identified as School Parcel 91-540-1210 on the map. (B) INCLUSION- The term `non-Federal land' includes any structures on the land described in subparagraph (A). (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General- If the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) convey to the District all right, title, and interest of the United States in and to the Federal land. (b) Valuation- (1) IN GENERAL- The value of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined-- (A) by an independent appraiser selected by the Secretary; and (B) in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. (2) APPROVAL- Appraisals conducted under paragraph (1) shall be submitted to the Secretary for approval. (3) CASH EQUALIZATION PAYMENTS- (A) IN GENERAL- If the value of the Federal land and non-Federal land to be exchanged under subsection (a) is not of equal value, the value shall be equalized through a cash equalization payment to the Secretary. (B) USE OF AMOUNTS- Amounts received under subparagraph (A) shall be deposited in the Treasury and credited to miscellaneous receipts.
S.2112 Mar-12-14
STATUS: March 12, 2014.--Introduced. S.2112 Natural Gas Gathering Enhancement Act (Introduced in Senate - IS) S 2112 IS 113th CONGRESS2d SessionS. 2112 To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural gas gathering lines on Federal land and Indian land. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. BARRASSO (for himself, Mr. HOEVEN, and Mr. ENZI) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the approval of natural gas pipelines and establish deadlines and expedite permits for certain natural gas gathering lines on Federal land and Indian land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Natural Gas Gathering Enhancement Act'. SEC. 2. FINDINGS. Congress finds that-- (1) record volumes of natural gas production in the United States as of the date of enactment of this Act are providing enormous benefits to the United States, including by-- (A) reducing the need for imports of natural gas, thereby directly reducing the trade deficit; (B) strengthening trade ties among the United States, Canada, and Mexico; (C) providing the opportunity for the United States to join the emerging global gas trade through the export of liquefied natural gas; (D) creating and supporting millions of new jobs across the United States; (E) adding billions of dollars to the gross domestic product of the United States every year; (F) generating additional Federal, State, and local government tax revenues; and (G) revitalizing the manufacturing sector by providing abundant and affordable feedstock; (2) large quantities of natural gas are lost due to venting and flaring, primarily in areas where natural gas infrastructure has not been developed quickly enough, such as States with large quantities of Federal land and Indian land; (3) permitting processes can hinder the development of natural gas infrastructure, such as pipeline lines and gathering lines on Federal land and Indian land; and (4) additional authority for the Secretary of the Interior to approve natural gas pipelines and gathering lines on Federal land and Indian land would-- (A) assist in bringing gas to market that would otherwise be vented or flared; and (B) significantly increase royalties collected by the Secretary of the Interior and disbursed to Federal, State, and tribal governments and individual Indians. SEC. 3. AUTHORITY TO APPROVE NATURAL GAS PIPELINES. Section 1 of the Act of February 15, 1901 (31 Stat. 790, chapter 372; 16 U.S.C. 79) is amended by inserting `, for natural gas pipelines' after `distribution of electrical power'. SEC. 4. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. (a) In General- Subtitle B of title III of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 685) is amended by adding at the end the following: `SEC. 319. CERTAIN NATURAL GAS GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. `(a) Definitions- In this section: `(1) GAS GATHERING LINE AND ASSOCIATED FIELD COMPRESSION UNIT- `(A) IN GENERAL- The term `gas gathering line and associated field compression unit' means-- `(i) a pipeline that is installed to transport natural gas production associated with 1 or more wells drilled and completed to produce crude oil; and `(ii) if necessary, a compressor to raise the pressure of that transported natural gas to higher pressures suitable to enable the gas to flow into pipelines and other facilities. `(B) EXCLUSIONS- The term `gas gathering line and associated field compression unit' does not include a pipeline or compression unit that is installed to transport natural gas from a processing plant to a common carrier pipeline or facility. `(2) FEDERAL LAND- `(A) IN GENERAL- The term `Federal land' means land the title to which is held by the United States. `(B) EXCLUSIONS- The term `Federal land' does not include-- `(i) a unit of the National Park System; `(ii) a unit of the National Wildlife Refuge System; or `(iii) a component of the National Wilderness Preservation System. `(3) INDIAN LAND- The term `Indian land' means land the title to which is held by-- `(A) the United States in trust for an Indian tribe or an individual Indian; or `(B) an Indian tribe or an individual Indian subject to a restriction by the United States against alienation. `(b) Certain Natural Gas Gathering Lines- `(1) IN GENERAL- Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gas gathering line and associated field compression unit that is located on Federal land or Indian land and that services any oil well shall be considered to be an action that is categorically excluded (as defined in section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gas gathering line and associated field compression unit are-- `(A) within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of natural gas produced from 1 or more oil wells in that field or unit as a reasonably foreseeable activity; and `(B) located adjacent to an existing disturbed area for the construction of a road or pad. `(2) APPLICABILITY- `(A) FEDERAL LAND- Paragraph (1) shall not apply to Federal land, or a portion of Federal land, for which the Governor of the State in which the Federal land is located submits to the Secretary of the Interior or the Secretary of Agriculture, as applicable, a written request that paragraph (1) not apply to that Federal land (or portion of Federal land). `(B) INDIAN LAND- Paragraph (1) shall apply to Indian land, or a portion of Indian land, for which the Indian tribe with jurisdiction over the Indian land submits to the Secretary of the Interior a written request that paragraph (1) apply to that Indian land (or portion of Indian land). `(c) Effect on Other Law- Nothing in this section affects or alters any requirement-- `(1) relating to prior consent under-- `(A) section 2 of the Act of February 5, 1948 (25 U.S.C. 324); or `(B) section 16(e) of the Act of June 18, 1934 (25 U.S.C. 476(e)) (commonly known as the `Indian Reorganization Act'); or `(2) under any other Federal law (including regulations) relating to tribal consent for rights-of-way across Indian land.'. (b) Assessments- Title XVIII of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 1122) is amended by adding at the end the following: `SEC. 1841. NATURAL GAS GATHERING SYSTEM ASSESSMENTS. `(a) Definition of Gas Gathering Line and Associated Field Compression Unit- In this section, the term `gas gathering line and associated field compression unit' has the meaning given the term in section 319. `(b) Study- Not later than 1 year after the date of enactment of the Natural Gas Gathering Enhancement Act, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall conduct a study to identify-- `(1) any actions that may be taken, under Federal law (including regulations), to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and `(2) any proposed changes to Federal law (including regulations) to expedite permitting for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets. `(c) Report- Not later than 180 days after the date of enactment of the Natural Gas Gathering Enhancement Act, and every 180 days thereafter, the Secretary of the Interior, in consultation with other appropriate Federal agencies, States, and Indian tribes, shall submit to Congress a report that describes-- `(1) the progress made in expediting permits for gas gathering lines and associated field compression units that are located on Federal land or Indian land, for the purpose of transporting natural gas associated with crude oil production on any land to a processing plant or a common carrier pipeline for delivery to markets; and `(2) any issues impeding that progress.'. (c) Technical Amendments- (1) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of subtitle B of title III the following: `Sec. 319. Natural gas gathering lines located on Federal land and Indian land.'. (2) Section 1(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by adding at the end of title XXVIII the following: `Sec. 1841. Natural gas gathering system assessments.'. SEC. 5. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE MINERAL LEASING ACT. Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by adding at the end the following: `(z) Natural Gas Gathering Lines- The Secretary of the Interior or other appropriate agency head shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on Federal lands-- `(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and `(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.'. SEC. 6. DEADLINES FOR PERMITTING NATURAL GAS GATHERING LINES UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) is amended by adding at the end the following: `(k) Natural Gas Gathering Lines- The Secretary concerned shall issue a sundry notice or right-of-way for a gas gathering line and associated field compression unit (as defined in section 319(a) of the Energy Policy Act of 2005) that is located on public lands-- `(1) for a gas gathering line and associated field compression unit described in section 319(b) of the Energy Policy Act of 2005, not later than 30 days after the date on which the applicable agency head receives the request for issuance; and `(2) for all other gas gathering lines and associated field compression units, not later than 60 days after the date on which the applicable agency head receives the request for issuance.'.
S.2111 Mar-12-14
STATUS: March 12, 2014.--Introduced. July 23, 2014.--Hearing held by subcommittee. (56) S.2111 Yuma Crossing National Heritage Area Reauthorization Act (Introduced in Senate - IS) S 2111 IS 113th CONGRESS2d SessionS. 2111 To reauthorize the Yuma Crossing National Heritage Area. IN THE SENATE OF THE UNITED STATESMarch 12, 2014 Mr. MCCAIN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the Yuma Crossing National Heritage Area. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Yuma Crossing National Heritage Area Reauthorization Act'. SEC. 2. REAUTHORIZATION OF YUMA CROSSING NATIONAL HERITAGE AREA. Section 7 of the Yuma Crossing National Heritage Area Act of 2000 (16 U.S.C. 461 note; Public Law 106-319; 114 Stat. 1284) is amended by striking `2015' and inserting `2030'.
S.2104 Mar-11-14
STATUS: March 11, 2014.--Introduced. S.2104 National Park Access Act (Introduced in Senate - IS) S 2104 IS 113th CONGRESS2d SessionS. 2104 To require the Director of the National Park Service to refund to States all State funds that were used to reopen and temporarily operate a unit of the National Park System during the October 2013 shutdown. IN THE SENATE OF THE UNITED STATESMarch 11, 2014 Mr. FLAKE (for himself, Mr. UDALL of Colorado, Mr. ALEXANDER, Mr. MCCAIN, Mr. BENNET, Mr. LEE, Mr. HATCH, and Mr. CORKER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Director of the National Park Service to refund to States all State funds that were used to reopen and temporarily operate a unit of the National Park System during the October 2013 shutdown. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `National Park Access Act'. SEC. 2. FINDINGS. Congress finds that-- (1) during the period in October 2013 in which there was a lapse in appropriations (referred to in this section as the `Government shutdown'), the National Park Service entered into agreements with the States of Arizona, Colorado, New York, South Dakota, Tennessee, and Utah to temporarily reopen iconic national treasures in the National Park System, such as the Grand Canyon, Mount Rushmore, and the Statue of Liberty; (2) pursuant to the agreements described in paragraph (1), the States listed in paragraph (1) advanced approximately $2,000,000 to the National Park Service to pay for park operations during the Government shutdown; (3) the units of the National Park System that were temporarily reopened using State funds also collected gate entry fees; (4) the Government shutdown ended when Congress passed the Continuing Appropriations Act, 2014 (Public Law 113-46), which retroactively funded Federal agencies and Federal employee salaries for the period of time during which the Government was shut down; (5) by virtue of the retroactive appropriation made by Congress, the National Park Service retained an unintended shutdown windfall from the States listed in paragraph (1) of approximately $2,000,000; and (6) the States listed in paragraph (1) that entered into agreements described in paragraph (1) with the National Park Service should be fully reimbursed for advancing funds to maintain public access to iconic national treasures in the National Park System during the Government shutdown. SEC. 3. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL PARKS DURING SHUTDOWN. (a) In General- The Director of the National Park Service shall refund to each State all funds of the State that were used to reopen and temporarily operate a unit of the National Park System during the period in October 2013 in which there was a lapse in appropriations for the unit. (b) Funding- Funds of the National Park Service that are appropriated after the date of enactment of this Act shall be used to carry out this section.