[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2925 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2925
To provide for research into the development of energy-efficient
technologies and renewable energy technologies and to foster the
introduction of energy-efficient technologies and renewable energy
technologies into the marketplace, with the goal of reducing United
States oil imports.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2008
Mr. Schumer introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for research into the development of energy-efficient
technologies and renewable energy technologies and to foster the
introduction of energy-efficient technologies and renewable energy
technologies into the marketplace, with the goal of reducing United
States oil imports.
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 Energy Efficiency
Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the welfare and security of the United States require
that adequate provision be made for activities relating to the
development of energy-efficient technologies and renewable
energy technologies; and
(2) those activities should be the responsibility of, and
should be directed by, an independent establishment exercising
control over activities relating to the development and
promotion of energy-efficient technologies and renewable energy
technologies sponsored by the United States.
SEC. 3. PURPOSE.
The purpose of this Act is to establish the National Energy
Efficiency Development Administration--
(1) to develop technologies to increase energy efficiency;
(2) to reduce the demand for energy;
(3) to develop technologies to produce energy from
renewable sources;
(4) to harness and facilitate the ingenuity of the ongoing
research and development of new energy technology occurring
throughout the United States; and
(5) to facilitate the commercialization of new energy-
efficient technologies and renewable energy technologies.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Energy Efficiency Development Administration
established by section 5(a).
(2) Administrator.--The term ``Administrator'' means the
head of the Administration appointed under section 5(c)(1).
(3) Advisory committee.--The term ``Advisory Committee''
means the Policy Advisory Committee established by section
7(a)(1).
(4) Energy-efficient technology.--The term ``energy-
efficient technology'' means a technology that improves the
energy efficiency of any sector of the economy, including the
transportation, building, energy generation, appliance, power
transmission, and industrial sectors.
(5) Renewable energy technology.--The term ``renewable
energy technology'' means a technology (including a technology
invented after the date of enactment of this Act) that produces
energy from a sustainable biomass, wind, hydroelectric, solar,
geothermal, fuel cell, or other renewable source.
SEC. 5. NATIONAL ENERGY EFFICIENCY DEVELOPMENT ADMINISTRATION.
(a) Establishment.--There is established, as an independent agency,
the National Energy Efficiency Development Administration.
(b) Mission.--The mission of the Administration shall be--
(1) to increase the efficiency of the production and use of
energy in all sectors of the economy; and
(2) to reduce United States imports of oil by--
(A) 5 percent by 2010;
(B) 20 percent by 2013; and
(C) 50 percent by 2020.
(c) Administrator; Deputy Administrator.--
(1) Administrator.--
(A) Appointment.--
(i) In general.--The Administration shall
be headed by an Administrator, who shall be
appointed by the President, by and with the
advice and consent of the Senate.
(ii) Basis of appointment.--In appointing
an individual to serve as Administrator, the
President--
(I) shall consider--
(aa) the professional
qualifications of the
individual;
(bb) the scientific or
professional background of the
individual; and
(cc) the length of
experience of the individual in
positions of management or
energy research and
development; and
(II) shall not consider the
political affiliation of the
individual.
(B) Term of office.--
(i) In general.--Subject to clause (ii),
the term of office of an Administrator shall be
6 years.
(ii) Removal.--
(I) Removal by president.--The
President may remove an Administrator
from the Administration based on just
cause, as determined by the President.
(II) Communication of cause.--In
removing an Administrator from the
Administration, the President shall
communicate to Congress each reason for
removal.
(C) Pay.--Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator, National Energy Efficiency Development
Administration.''.
(D) Authority of administrator.--
(i) In general.--The Administrator shall be
the final authority for carrying out all
functions, powers, and duties of the
Administration relating to--
(I) the appointment and employment
of all officers and employees of the
Administration (other than Presidential
and political appointees);
(II) the acquisition and
maintenance of property, services, and
equipment of the Administration;
(III) the activities of the
Administration;
(IV) the promulgation of
regulations to carry out the functions
of the Administration; and
(V) the publishing of regulations,
rules, orders, circulars, bulletins,
and other official publications of the
Administration.
(ii) Limitation on rulemaking authority.--
The Administrator shall not make any
modifications to energy-efficiency standards or
related standards in effect on the date of
enactment of this Act that would result in a
projected net reduction of efficiency in the
use of oil or other imported energy sources.
(iii) Organization of administration.--
(I) In general.--Subject to
subclause (II), the Administrator may
establish, alter, consolidate, or
discontinue organizational units or
components within the Administration as
the Administrator determines to be
necessary.
(II) Limitation of authority.--The
Administrator shall not--
(aa) abolish any
organizational unit or
component established by this
Act; or
(bb) transfer any function
vested by this Act in any
organizational unit or
component.
(E) Duties of administrator.--
(i) In general.--The Administrator shall--
(I) plan, direct, and conduct
energy-efficient technology and
renewable energy technology activities;
(II) provide for the widest
appropriate dissemination of
information concerning the activities
of the Administration and the results
of those activities;
(III)(aa) improve existing energy-
efficient technologies and renewable
energy technologies; or
(bb) develop new energy-efficient
technologies and renewable energy
technologies;
(IV) identify and implement
mechanisms to introduce energy-
efficient technologies and renewable
energy technologies into the
marketplace; and
(V) conduct studies of--
(aa) the potential benefits
gained, such as environmental
protection, increasing energy
independence, and reducing
costs to consumers; and
(bb) the costs of and
barriers to the development and
use of energy-efficient
technologies.
(ii) Objectives.--The energy-efficient
technology and renewable energy technology
activities of the United States carried out by
the Administrator or carried out with financial
assistance from the Administrator shall, as the
Administrator determines to be appropriate, be
conducted so as to contribute significantly to
1 or more of the following objectives:
(I) Expansion of knowledge about
energy-efficient technologies and
renewable energy technologies and the
use of those technologies.
(II) Facilitating the market
transformation of energy-efficient
technologies and renewable energy
technologies.
(III) The most effective use of the
scientific resources of the United
States, with close cooperation among
all interested agencies of the United
States so as to avoid duplication of
effort, facilities, and equipment.
(2) Deputy administrator.--
(A) Appointment.--There shall be in the
Administration a Deputy Administrator, who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(B) Basis of appointment.--In appointing a Deputy
Administrator, the President--
(i) shall consider--
(I) the professional qualifications
of the individual;
(II) the scientific or professional
background of the individual; and
(III) the length of experience of
the individual in positions of
management or research and development;
and
(ii) shall not consider the political
affiliation of the individual.
(C) Term of office.--
(i) In general.--Subject to clause (ii),
the term of office of a Deputy Administrator
shall be 6 years.
(ii) Removal.--
(I) Removal by president.--The
President may remove a Deputy
Administrator from the Administration
based on just cause, as determined by
the President.
(II) Communication of cause.--In
removing a Deputy Administrator from
the Administration, the President shall
communicate to Congress each reason for
removal.
(D) Pay.--Section 5314 of title 5, United States
Code, is amended by adding at the end the following:
``Deputy Administrator, National Energy Efficiency Development
Administration.''.
(E) Duties.--The Deputy Administrator shall--
(i) supervise the project development and
engineering activities of the Administration;
(ii) exercise such other powers and perform
such duties as the Administrator may prescribe;
and
(iii) act for, and exercise the powers of,
the Administrator during the absence or
disability of the Administrator.
(d) Personnel Plan.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to Congress a
personnel plan for the Administration that--
(1) specifies the initial number and qualifications of
employees needed for the Administration;
(2) describes the functions and General Service
classification and pay rates of the initial employees; and
(3) specifies how the Administrator will adhere to or
deviate from the civil service system.
(e) Transfer of Functions.--
(1) Definition of function.--In this subsection, the term
``function'' means any duty, obligation, power, authority,
responsibility, right, privilege, activity, or program.
(2) Transfer of functions.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, there shall be
transferred to the Administrator--
(i) all functions exercised by the
Assistant Secretary for Efficiency and
Renewable Energy as of the date of enactment of
this Act; and
(ii) any authority to promulgate
regulations relating to fuel efficiency
exercised by the Secretary of Transportation as
of the date of enactment of this Act.
(B) Inclusions.--Functions transferred under
subparagraph (A) include all real and personal
property, personnel funds, and records of the Office of
Energy Efficiency and Renewable Energy of the
Department of Energy.
(C) Transition plan.--Not later than 180 days after
the date of enactment of this Act, the President shall
submit to Congress a transition plan to transfer
functions of the Office of Energy Efficiency and
Renewable Energy of the Department of Energy in
accordance with this Act.
(3) Presidential transfers.--
(A) In general.--Not later than 4 years after the
date of enactment of this Act, the President (in
consultation with Congress and the Administrator) may
transfer to the Administrator--
(i) any function of any other department or
agency of the United States, or of any officer
or organizational entity of any department or
agency, that relates primarily to the duties of
the Administrator under this Act; and
(ii) any records, property, personnel, and
funds that are necessary to carry out that
function.
(B) Reports.--The President shall submit to
Congress a report that describes the nature and effect
of any transfer made under subparagraph (A).
(4) Abolishment of office.--On completion of the transfer
of the functions described in paragraph (2), the Office of
Energy Efficiency and Renewable Energy of the Department of
Energy is abolished.
SEC. 6. ADMINISTRATIVE POWERS.
The Administrator shall--
(1) appoint and fix the compensation of such officers and
employees as are necessary to carry out the functions of the
Administration;
(2) make appointments of scientific, engineering, and
professional personnel without regard to the civil service
laws;
(3) fix the compensation of the personnel described in
paragraph (2) at a rate to be determined by the Administrator;
(4) acquire, construct, improve, repair, operate, and
maintain such laboratories, research and testing sites and
facilities, and such other real and personal property or
interests in real and personal property, as the Administrator
determines to be necessary for the performance of the functions
of the Administration;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are necessary
in the performance of the duties of the Administrator with
any--
(A) agency or instrumentality of the United States;
(B) State, Territory, or possession;
(C) political subdivision of any State, Territory,
or possession; or
(D) person, firm, association, corporation, or
educational institution;
(6)(A) with the consent of Federal and other agencies, with
or without reimbursement, use the services, equipment,
personnel, and facilities of those agencies; and
(B) cooperate with other public and private agencies and
instrumentalities in the use of services, equipment, personnel,
and facilities; and
(7) establish within the Administration such offices and
procedures as the Administrator considers appropriate to
provide for the greatest possible coordination of the
activities of the Administration with related scientific and
other activities of other public and private agencies and
organizations.
SEC. 7. ORGANIZATIONAL STRUCTURE.
(a) Policy Advisory Committee.--
(1) Establishment.--There is established in the
Administration a Policy Advisory Committee.
(2) Membership.--
(A) Composition.--The Advisory Committee shall be
composed of 12 members, of whom--
(i) 4 members shall be representatives of
nongovernmental energy efficiency, renewable
energy, and environmental protection
organizations;
(ii) 4 members shall be representatives
of--
(I) industries involved in the
generation, transmission, or
distribution of energy products,
including manufacturers of equipment to
generate efficient or renewable energy;
or
(II) the transportation industry;
and
(iii) 4 members shall be representatives of
the scientific and university research
community.
(B) Appointment.--The Speaker of the House of
Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and
the minority leader of the Senate shall each appoint 1
member described in clauses (i), (ii), and (iii) of
subparagraph (A).
(3) Duties.--The Advisory Committee shall--
(A) act as a steering committee for the
Administration;
(B) advise the Administrator on the formulation of
a long-term strategy for achieving the mission of the
Administration under section 5(b); and
(C) assist the Administrator in identifying energy-
efficient technologies and initiatives that--
(i) have the potential to increase energy
efficiency over the long term; and
(ii) should be further explored by the
Administration.
(4) Staff.--The Advisory Committee may appoint not more
than 24 employees to assist in carrying out the duties of the
Advisory Committee, of whom--
(A) 8 shall report to the members appointed under
paragraph (2)(A)(i);
(B) 8 shall report to the members appointed under
paragraph (2)(A)(ii); and
(C) 8 shall report to the members appointed under
paragraph (2)(A)(iii).
(5) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Advisory Committee.
(b) Office of Administration.--
(1) Establishment.--There is established in the
Administration an Office of Administration.
(2) Assistant deputy administrator.--The head of the Office
of Administration shall be an Assistant Deputy Administrator
for Administration, to be appointed by the Administrator.
(3) Energy efficiency economics division.--
(A) Establishment.--There is established in the
Office of Administration an Energy Efficiency Economics
Division.
(B) Staff.--The Energy Efficiency Economics
Division shall be composed of economists and
individuals with expertise in energy markets, consumer
behavior, and the economic impacts of energy policy.
(C) Duties.--The Energy Efficiency Economics
Division shall--
(i) study the effects of existing and
proposed energy-efficient technologies on the
economy of the United States, with an emphasis
on assessing--
(I) the impacts of those
technologies on consumers; and
(II) the contributions of those
technologies on the economic
development of the United States;
(ii) conduct a study of economic incentives
that would assist the Administration in--
(I) developing energy-efficient
technologies; and
(II) introducing those technologies
into the marketplace; and
(iii) submit to Congress a report on the
results of the study conducted under clause
(ii).
(4) Education division.--
(A) Establishment.--There is established in the
Office of Administration an Education Division.
(B) Duties.--The Education Division shall--
(i) provide to the public, information
concerning--
(I) how to conserve energy; and
(II) the importance of conserving
energy; and
(ii) provide to building owners, engineers,
contractors, and other businesspeople training
in energy-efficient technologies.
(5) General counsel.--There is established in the Office of
Administration the position of General Counsel, to be appointed
by the Administrator, to serve as the chief legal officer of
the Administration.
(c) Office of Policy, Research, and Development.--
(1) Establishment.--There is established in the
Administration an Office of Policy, Research, and Development.
(2) Duties.--The Office of Policy, Research, and
Development shall--
(A) sponsor, manage, and direct basic and applied
research projects, including projects to accelerate the
development of energy-efficient technologies from
fundamental research to implementation; and
(B) provide technical guidance to the
Administrator.
(3) Assistant deputy administrator.--The head of the Office
of Policy, Research, and Development shall be an Assistant
Deputy Administrator for Policy, Research, and Development, to
be appointed by the Administrator.
(4) Administration.--In carrying out this subsection, the
Office of Policy, Research, and Development shall consider the
potential benefits of--
(A) a flat organizational structure comprised of
project-based teams;
(B) coordination with the private sector; and
(C) organizational models used by other Federal
agencies conducting advanced research.
(d) Office of Market Transformation.--
(1) Establishment.--There is established in the
Administration an Office of Market Transformation.
(2) Assistant deputy administrator.--The head of the Office
of Market Transformation shall be an Assistant Deputy
Administrator for Market Transformation, to be appointed by the
Administrator.
(3) Duties.--The Office of Market Transformation shall
facilitate the implementation of new energy-efficient
technologies and renewable energy technologies in all sectors
of the economy by--
(A) conducting research--
(i) to determine each barrier to market
transformation; and
(ii) to develop the means by which to
remove each barrier;
(B) conducting education and marketing campaigns to
encourage commercial and retail purchases of new
energy-efficient technologies and renewable energy
technologies;
(C) providing to States, tribal governments, and
units of local government information on codes and
regulations that interfere with or encourage the use of
energy-efficient technologies and renewable energy
technologies;
(D) conducting government buy-down programs for
energy-efficient technologies and renewable energy
technologies;
(E) providing grants to low-income communities and
nonprofit institutions to purchase appropriate energy-
efficient technologies and renewable energy
technologies;
(F) providing loan guarantees to qualified
companies that are developing energy-efficient
technologies and renewable energy technologies; and
(G) carrying out any other activity or program that
the Administrator determines will promote the spread of
energy-efficient technologies and renewable energy
technologies.
(4) Coordination.--The Assistant Deputy Administrator for
Market Transformation shall ensure, to the maximum extent
practicable, that the activities of the Office of Market
Transformation are coordinated with--
(A) the Federal Government and State, tribal, and
local governments and agencies; and
(B) appropriate nongovernmental organizations
(including organizations dedicated to market
transformation).
SEC. 8. INITIAL TECHNOLOGY SOLICITATIONS.
(a) In General.--The Administrator (acting through the Office of
Market Transformation and the Office of Policy, Research, and
Development) may, based on the criteria described in subsection (b),
initiate the development of technologies for--
(1) fuel cells;
(2) fuel-efficient tires;
(3) construction of a hydrogen infrastructure;
(4) high-temperature superconducting cable;
(5) improved switches, resistors, capacitors, software and
smart meters for electrical transmission systems;
(6) combined heat and power;
(7) microturbines;
(8) energy-efficient lighting;
(9) energy efficiency training for building contractors;
(10) biogas recovery systems;
(11) integrated gasification combined cycle coal
production;
(12) retrofitting or rehabilitation of existing structures
to incorporate energy-efficient technologies;
(13) efficient microchannel heat exchangers; and
(14) any other appropriate technologies that need to be
developed, as determined by the Administrator.
(b) Criteria.--In determining which technologies to develop under
subsection (a), the Administrator shall consider--
(1) the current status of development of the technology;
(2) the potential for widespread use of the technology in
commercial markets;
(3) the time and costs of efforts needed to bring the
technology to full implementation; and
(4) the potential of the technology to contribute to the
goals of the Administration.
(c) Report.--As soon as practicable after the date of enactment of
this Act, but not later than 1 year after the date of enactment of this
Act, the Administrator shall submit to Congress a report that--
(1) assesses the potential for the technologies described
in subsection (a) to contribute to the goals of the
Administration; and
(2) describes the plans of the Administration to develop
the technologies under subsection (a).
SEC. 9. REPORTS.
(a) Reports by Administrator.--
(1) Activities and accomplishments.--Semiannually and at
such other times as the Administrator considers to be
appropriate, the Administrator shall submit to the President a
report that describes the activities and accomplishments of the
Administration.
(2) Report to congress.--At the time at which the
Administrator submits to the President or the Director of the
Office of Management and Budget any report relating to any
budget information, legislative recommendation, comment on
legislation about amounts made available under this Act, or
prepared testimony for a congressional hearing, the
Administrator shall submit a copy of the information,
recommendation, comment, or testimony to each appropriate
committee of Congress.
(b) Reports by President.--In January of each year, the President
shall submit to Congress a report that includes--
(1) a description of the activities and accomplishments of
all agencies of the United States in the field of energy-
efficient technology and renewable energy technology
development during the preceding calendar year;
(2) an evaluation of the activities and accomplishments of
the Administrator in attaining the objectives of this Act; and
(3) such recommendations for additional legislation as the
Administrator or the President considers appropriate for the
attainment of the objectives described in this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $7,500,000,000 for fiscal year 2010;
(2) $9,000,000,000 for each of fiscal years 2011 and 2012;
and
(3) $10,000,000,000 for each of fiscal years 2013 through
2017.
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