[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3274 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3274

To provide assistance to those individuals most affected by high energy 
prices and to promote and accelerate energy conservation investments in 
                           the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2001

 Mr. Sanders introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
 Energy and Commerce, and Education and the Workforce, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide assistance to those individuals most affected by high energy 
prices and to promote and accelerate energy conservation investments in 
                           the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Energy Conservation Act for the 21st Century''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Findings and purposes.
                      TITLE I--ENERGY CONSERVATION

Sec. 101. Increased funding for LIHEAP, weatherization, and State 
                            energy grants.
Sec. 102. Funding for the Energy Star program.
Sec. 103. Increased average fuel economy standards.
Sec. 104. Renewable energy.
Sec. 105. Fuel efficient tire program.
                        TITLE II--TAX PROVISIONS

                          Subtitle A--Credits

Sec. 201. Credit for purchase of Energy Star products.
Sec. 202. Credit for purchasing fuel efficient American-made passenger 
                            vehicles.
                    Subtitle B--Windfall Profits Tax

Sec. 211. Windfall profits tax.
Sec. 212. Windfall profits fund.
Sec. 213. Reasonable profits board.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) high energy costs are causing hardship for families;
            (2) restructured energy markets have increased the need for 
        a higher and more consistent level of funding for low income 
        energy assistance programs;
            (3) conservation programs implemented by the States and the 
        low income weatherization program reduce costs and need for 
        additional energy supplies;
            (4) raising the Corporate Average Fuel Economy (CAFE) 
        standards to 45 miles per gallon for cars, and 34 miles per 
        gallon for light trucks, over the next decade would save 
        consumers $80,000,000,000 a year at the pump, reduce greenhouse 
        gas emissions by more than 1,500,000,000,000 pounds a year, and 
        save 51,000,000,000 barrels of oil over the next 50 years, more 
        than 15 times the likely yield from the Arctic National 
        Wildlife Refuge; and
            (5) upgrading the quality of replacement tires to match 
        that of tires that come as standard equipment on new cars would 
        save 5,400,000,000 barrels of oil over the next 50 years - 70 
        percent more than the total amount of oil that would likely be 
        pumped from the Arctic National Wildlife Refuge over the same 
        time period.
    (b) Purposes.--The purposes of this Act are to provide assistance 
to those individuals most affected by high energy prices, to enhance 
national security, and to promote and accelerate energy conservation 
investments in the United States.

                      TITLE I--ENERGY CONSERVATION

SEC. 101. INCREASED FUNDING FOR LIHEAP, WEATHERIZATION, AND STATE 
              ENERGY GRANTS.

    (a) LIHEAP.--
            (1) Authorization of appropriations.--Section 2602(b) of 
        the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 
        8621(b)) is amended by striking the first sentence and 
        inserting the following: ``There are authorized to be 
        appropriated to carry out the provisions of this title (other 
        than section 2607A), $9,000,000,000 for fiscal year 2002, 
        $12,600,000,000 for fiscal year 2003, and $12,600,000,000 for 
        fiscal year 2004.''.
            (2) State allotments.--Section 2604(a)(2) of the Low-Income 
        Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)(2)) is 
        amended by striking ``, except that States'' and all that 
        follows through ``$2,140,000,000''.
    (b) Weatherization Assistance.--Section 422 of the Energy 
Conservation and Production Act (42 U.S.C. 6872) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$1,000,000,000 for fiscal year 2002 and $2,000,000,000 
for fiscal year 2003''.
    (c) State Energy Conservation Grants.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$75,000,000 for fiscal year 2002 and $100,000,000 for 
fiscal year 2003''.

SEC. 102. FUNDING FOR THE ENERGY STAR PROGRAM.

    For purposes of carrying out the Energy Star program, there are 
authorized to be appropriated--
            (1) to the Administrator of the Environmental Protection 
        Agency $150,000,000 for fiscal year 2002 and $200,000,000 for 
        fiscal year 2003; and
            (2) to the Secretary of Energy $100,000,000 for fiscal year 
        2002 and $150,000,000 for fiscal year 2003.

SEC. 103. INCREASED AVERAGE FUEL ECONOMY STANDARDS.

    (a) Increased Standards.--Section 32902 of title 49, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Non-Passenger Automobiles.--'' 
                and inserting ``Prescription of Standards by 
                Regulation.--''; and
                    (B) by striking ``(except passenger automobiles)'' 
                and inserting ``(except passenger automobiles and light 
                trucks)''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Passenger Automobiles and Light Trucks.--
            ``(1) Passenger automobiles, generally.--(A) Except as 
        provided in subparagraph (B) of this paragraph and in paragraph 
        (2), the average fuel economy standard for passenger 
        automobiles manufactured by a manufacturer in a model year 
        shall be 45.0 miles per gallon.
            ``(B) The average fuel economy standard for passenger 
        automobiles manufactured by a manufacturer in a model year 
        after model year 2004 and before model year 2011 shall be not 
        less than 34.0 miles per gallon.
            ``(2) Light trucks.--(A) Except as provided in subparagraph 
        (B), the average fuel economy standard for light trucks 
        manufactured by a manufacturer in a model year shall be 34.0 
        miles per gallon.
            ``(B) The average fuel economy standard for light trucks 
        manufactured by a manufacturer in a model year after model year 
        2004 and before model year 2011 shall be not less than 27.5 
        miles per gallon.''.
    (b) Definition of Light Truck.--Section 32901(a) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(17) `light truck' has the meaning given that term in 
        regulations prescribed by the Secretary of Transportation in 
        the administration of this chapter.''.
    (c) Conforming Amendments.--Section 32902(c) of title 49, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``the standard'' and 
        inserting ``a standard''; and
            (2) in paragraph (2), by striking ``increases the standard 
        above 27.5 miles per gallon, or decreases the standard below 
        26.0 miles per gallon,'' and inserting ``increases the standard 
        above 34.0 miles per gallon or decreases the standard below 
        32.5 miles per gallon in the case of light trucks, or increases 
        the standard above 45.0 miles per gallon or decreases the 
        standard below 43.5 miles per gallon in the case of passenger 
        automobiles,''.
    (d) Applicability of Existing Standards.--This section does not 
affect the application of section 32902 of title 49, United States 
Code, to passenger automobiles and light trucks manufactured before 
model year 2003.

SEC. 104. RENEWABLE ENERGY.

    (a) Standard.--Title VI of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2621 note) is amended by adding the following 
new section after section 604:

``SEC. 605. FEDERAL RENEWABLE PORTFOLIO STANDARD.

    ``(a) Minimum Renewable Generation Requirement.--(1) For each 
calendar year beginning with calendar year 2002, every retail electric 
supplier shall submit to the Secretary Renewable Energy Credits in an 
amount equal to the required annual percentage, specified in subsection 
(b), of the total electric energy sold by the retail electric supplier 
to electric consumers during the calendar year. The retail electric 
supplier shall make such submission before April 1 of the following 
calendar year.
    ``(2) For purposes of this section a `renewable energy facility' 
means an electric generation facility that generates electric energy 
through the use of solar energy, wind, geothermal, or biomass.
    ``(3) This section does not preclude a State from requiring 
additional renewable energy generation in that State.
    ``(b) Required Annual Percentage.--(1) The Secretary shall 
determine the percentage of the total electric energy sold by retail 
electric suppliers to electric consumers in the United States that is 
renewable energy for the calendar year 2001.
    ``(2) The Secretary shall determine the required annual percentage 
for calendar years 2002 through 2019. This percentage shall be greater 
than the percentage in paragraph (1) and less than the percentage in 
paragraph (3) and shall be selected to promote a smooth transition to 
the percentage in paragraph (3).
    ``(3) For calendar years 2020 and thereafter, the required annual 
percentage is 20 percent.
    ``(c) Submission of Credits.--A retail electric supplier may 
satisfy the requirements of subsection (a) through the submission of--
            ``(1) renewable energy credits issued under subsection (d) 
        for renewable energy generated by the retail electric supplier 
        in the calendar year for which Renewable Energy Credits are 
        being submitted or in any previous calendar year.
            ``(2) renewable energy credits issued under subsection (d) 
        to any entity for renewable energy generated in the calendar 
        year for which renewable energy credits are being submitted or 
        in any previous calendar year and acquired by the retail 
        electric supplier; or
            ``(3) any combination of renewable energy credits under 
        paragraphs (1) and (2).
    ``(d) Issuance of Credits.--(1) The Secretary shall establish, not 
later than one year after the date of enactment of this section, a 
program to issue, monitor the sale or exchange of, and track Renewable 
Energy Credits.
    ``(2) An entity that generates electric energy through the use of a 
renewable energy facility may apply to the Secretary for the issuance 
of Renewable Energy Credits. The application shall indicate--
                    ``(A) the type of renewable energy resource used to 
                produce the electric energy;
                    ``(B) the State in which the electric energy was 
                produced; and
                    ``(C) any other information the Secretary deems 
                appropriate.
            ``(3)(A) Except as provided in paragraph (B), the Secretary 
        shall issue to an entity 1 Renewable Energy Credit for each 
        kilowatt-hour of electric energy the entity generates through 
        the use of a renewable energy facility in any State in 2002 or 
        in any succeeding year.
            ``(B) To be eligible for a Renewable Energy Credit, the 
        unit of electricity generated through the use of a renewable 
        energy facility may be sold or  may be used by the generator. 
If an electric generation facility uses both a renewable energy 
resource and a nonrenewable energy resource to generate electric 
energy, the number of credits issued for a calendar year shall equal 
the percentage of the electric energy generated by the electric 
generation facility during such calendar year that is generated through 
the use of a renewable energy resource, multiplied by the total amount 
of kilowatt-hours of electric energy generated by the electric 
generation facility during such calendar year. The Secretary shall 
identify Renewable Energy Credits by type of renewable energy resource 
used and by the State in which the generating facility is located.
            ``(4) In order to receive a Renewable Energy Credit, the 
        recipient of a Renewable Energy Credit shall pay a fee, 
        calculated by the Secretary, that equals the administrative 
        costs of issuing, recording, monitoring the sale or exchange 
        of, and tracking the Renewable Energy Credit, or that equal 5 
        percent of the dollar value of the Renewable Energy Credit, 
        whichever is less. The Secretary shall retain the fee and use 
        it to pay such administrative costs.
            ``(5) When a generator sells electric energy generated 
        through the use of a renewable energy facility to a retail 
        electric supplier under a contract subject to section 210 of 
        this Act, for the purposes of this section the retail electric 
        supplier shall be treated as the generator of the electric 
        energy for the duration of the contract.
    ``(e) Sale or Exchange.--A Renewable Energy Credit may be sold or 
exchanged by the entity to which issued or by any other entity that 
acquires the Renewable Energy Credit. A Renewable Energy Credit issued 
during any year that is not used to satisfy the minimum renewable 
generation requirement of subsection (a) for that year may be carried 
forward for use in a succeeding year.
    ``(f) Enforcement.--The Secretary may bring an action in the 
appropriate United States district court to improve a civil penalty on 
a retail electric supplier that does not comply with subsection (a). 
Such civil penalty shall equal not more than 3 times the value of the 
Renewable Energy Credits the retail electric supplier has failed to 
submit, as determined by the Secretary.
    ``(g) Information Collection.--The Secretary may collect the 
information necessary to verify and audit--
            ``(1) the annual electric energy generation and renewable 
        energy generation of any entity applying for Renewable Energy 
        Credits under this section;
            ``(2) the validity of Renewable Energy Credits submitted by 
        a retail electric supplier to the Secretary; and
            ``(3) the quantity of electricity sales of all retail 
        electric suppliers.''.
    (b) Definitions.--Section 3 of the Public Utilities Regulatory 
Policies Act of 1978 (16 U.S.C. 2602) is amended by adding at the end 
the following:
            ``(22) The term `retail electric supplier' means a person, 
        State agency, or Federal agency that sells electric energy to 
        an electric consumer.''.
    (b) Table of Contents.--The table of contents for title VI of the 
Public Utility Regulatory Policies Act of 1978 is amended by adding the 
following item after the item relating to section 604:

``Sec. 605. Federal renewable portfolio standard.''.

SEC. 105. FUEL EFFICIENT TIRE PROGRAM.

    Section 30123 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by inserting ``(1)'' before the first sentence; 
                and
                    (B) by adding at the end the following:
    ``(2) The uniform quality system shall include standards for rating 
tires for the following:
            ``(A) Treadwear.
            ``(B) Traction.
            ``(C) Temperature resistance.
            ``(D) Rolling resistance and fuel economy.''; and
            (2) by adding at the end the following:
    ``(d) National Tire Fuel Efficiency Program.--(1) The Secretary 
shall, after consulting with the Administrator of the Environmental 
Protection Agency, industry representatives, and other appropriate 
organizations, develop a national tire fuel efficiency program that 
will develop fuel efficiency ratings and label requirements for tires.
    ``(2) The program shall include--
            ``(A) specifications for testing procedures and labels that 
        will enable tire buyers to make more informed purchasing 
        decisions about the fuel efficiency of tires;
            ``(B) dissemination of information through labels, 
        catalogs, trade publications, or other mechanisms, that will 
        allow tire buyers to assess the energy consumption and 
        potential costs savings of alternative tire products;
            ``(C) by no later than September 30, 2002, development by 
        the Secretary of recommendations for minimum fuel efficiency 
        standards for tires; and
            ``(D) by no later than January 1, 2003, prescription by the 
        Secretary of minimum fuel efficiency standards for tires.
    ``(3) Recommendations and standards under paragraph (2) (C) and 
(D), respectively, shall--
            ``(A) be designed to ensure that the fuel efficiency of 
        replacement tires is equal to or better than the fuel 
        efficiency of tires sold as original equipment on new vehicles;
            ``(B) consider all safety implications; and
            ``(C) ensure the standards do not adversely impact tire 
        safety.''.

                        TITLE II--TAX PROVISIONS

              Subtitle A--Credit for Energy Star Products

SEC. 201. CREDIT FOR PURCHASE OF ENERGY STAR PRODUCTS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by inserting after 
section 30A the following new section:

``SEC. 30B. CREDIT FOR PURCHASE OF ENERGY STAR PRODUCTS.

    ``(a) Allowance of Credit.--In the case of individuals and small 
employers, there shall be allowed as a  credit against the tax imposed 
by this chapter for the taxable year an amount equal to 30 percent of 
the amount paid by the taxpayer for the purchase of any Energy Star 
product during the taxable year.
    ``(b) Energy Star Product.--For purposes of this section, the term 
`Energy Star product' means a product which--
            ``(1) meets the guidelines, specifications, and performance 
        levels of the Energy Star program jointly managed by the 
        Environmental Protection Agency and the Department of Energy, 
        and
            ``(2) displays the Energy Star label.
    ``(c) Small Employer.--For purposes of this section, the term 
`small employer' means, with respect to any calendar year, any employer 
if such employer employed an average of 100 or fewer employees on 
business days during either of the 2 preceding calendar years. For 
purposes of the preceding sentence, a preceding calendar year may be 
taken into account only if the employer was in existence throughout 
such year.
    ``(d) Application with Other Credits.--Except as provided in 
subsection (e), the credit allowable under subsection (a) for any 
taxable year shall not exceed the excess (if any) of--
            ``(1) the regular tax for the taxable year, reduced by the 
        sum of the credits allowable under subpart A and the preceding 
        sections of this subpart, over
            ``(2) the tentative minimum tax for the taxable year.
    ``(e) Refundable Credit for Certain Taxpayers.--In the case of an 
individual, if the adjusted gross income of the taxpayer for the 
taxable year is $75,000 or less ($150,000 or less in the case of a 
joint return), the credit allowable under subsection (a) shall be 
treated as a credit allowed under subpart C.''.
    (b) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 of such Code is amended by 
inserting after the item relating to section 30A the following new 
item:

                              ``Sec. 30B. Credit for purchase of Energy 
                                        Star products.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2001.

SEC. 202. CREDIT FOR PURCHASING FUEL-EFFICIENT AMERICAN-MADE PASSENGER 
              VEHICLES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 25A the 
following new section:

``SEC. 25B. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER 
              VEHICLES.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this chapter for the 
taxable year an amount equal to the cost of any qualified passenger 
vehicle purchased by the taxpayer during the taxable year.
    ``(b) Maximum Credit.--The credit allowed by this section for the 
taxable year shall not exceed--
            ``(1) $3,000 in the case of a qualified passenger vehicle 
        not described in paragraph (2) or (3),
            ``(2) $4,500 in the case of a qualified passenger vehicle 
        the fuel economy of which is--
                    ``(A) in the case of a truck or sport utility 
                vehicle, at least 45 miles per gallon but less than 55 
                miles per gallon, and
                    ``(B) in any other case, at least 55 miles per 
                gallon but less than 65 miles per gallon, and
            ``(3) $6,000 in the case of a qualified passenger vehicle 
        the fuel economy of which is--
                    ``(A) in the case a truck or sport utility vehicle, 
                at least 55 miles per gallon, and
                    ``(B) in any other case, at least 65 miles per 
                gallon.
    ``(c) Qualified Passenger Vehicle.--For purposes of this section--
            ``(1) In general.--The term `qualified automobile' means 
        any automobile (as defined in section 4064(b))--
                    ``(A) which is purchased after the date of the 
                enactment of this section,
                    ``(B) which is assembled in the United States by 
                individuals employed under a collective bargaining 
                agreement,
                    ``(C) the original use of which begins with the 
                taxpayer,
                    ``(D) substantially all of the use of which is for 
                personal, nonbusiness purposes, and
                    ``(E) the fuel economy of such automobile is--
                            ``(i) at least 35 miles per gallon in the 
                        case of a truck or sport utility vehicle, and
                            ``(ii) at least 45 miles per gallon in any 
                        other case.
            ``(2) Fuel economy.--Fuel economy shall be determined in 
        accordance with section 4064.
    ``(d) Special Rules.--
            ``(1) Basis reduction.--The basis of any property for which 
        a credit is allowable under subsection (a) shall be reduced by 
        the amount of such credit.
            ``(2) Property used outside united states not qualified.--
        No credit shall be allowed under subsection (a) with respect to 
        any property referred to in section 50(b).''
    (b) Clerical Amendment.--The table of sections for such subpart A 
is amended by inserting after the item relating to section 25A the 
following new item:

                              ``Sec. 25B. Purchase of fuel-efficient 
                                        American-made passenger 
                                        vehicles.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

                    Subtitle B--Windfall Profits Tax

SEC. 211. WINDFALL PROFITS TAX.

    (a) In General.--Subtitle E of the Internal Revenue Code of 1986 
(relating to alcohol, tobacco, and certain other excise taxes) is 
amended by adding at the end thereof the following new chapter:

 ``CHAPTER 55--WINDFALL PROFIT ON ELECTRICITY, FUEL OIL, NATURAL GAS, 
                       COAL, AND PRODUCTS THEREOF

                              ``Sec. 5886. Imposition of tax.

``SEC. 5886. IMPOSITION OF TAX.

    ``(a) In General.--In addition to any other tax imposed under this 
title, there is hereby imposed an excise tax on the sale in the United 
States of any electricity, fuel oil, natural gas, coal, or other 
taxable product equal to the windfall profit on such sale.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Taxable product.--The term `taxable product' means 
        any fuel which is a product of fuel oil, natural gas, or coal.
            ``(2) Windfall profit.--The term `windfall profit' means, 
        with respect to any sale, so much of the profit on such sale as 
        exceeds a reasonable profit.
            ``(3) Reasonable profit.--The term `reasonable profit' 
        means the amount determined by the Reasonable Profits Board to 
        be a reasonable profit on the sale.
    ``(c) Liability for Payment of Tax.--The taxes imposed by 
subsection (a) shall be paid by the seller.''
    (b) Clerical Amendment.--The table of chapters for subtitle E of 
such Code is amended by adding at the end the following new item:

                              ``Chapter 55. Windfall profit on 
                                        electricity and fuel oil, 
                                        natural gas, coal, and products 
                                        thereof.''
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 212. WINDFALL PROFITS FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to establishment of trust funds) is amended by 
adding at the end the following new section:

``SEC. 9511. WINDFALL PROFITS FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Windfall Profits 
Fund', consisting of such amounts as may be appropriated or credited to 
such fund as provided in this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to 
the Windfall Profits Fund amounts equivalent to the taxes received 
under section 5886 (relating to tax on windfall profits on electricity 
and fuel oil, natural gas, coal, and products thereof).
    ``(c) Expenditures.--Amounts in the Windfall Profits Fund shall be 
available, as provided in appropriation Acts, for purposes of making 
qualified expenditures, to the extent that such amounts exceed the 
aggregate of all Federal administrative costs attributable to the 
implementation of section 5886, subsections (a) and (b) of this 
section, and (with respect to such fund) section 9602.
    ``(d) Qualified Expenditures.--For purposes of subsection (c), the 
term `qualified expenditure' means an expenditure to carry out any 
provision of, or any amendment made by, the Comprehensive Energy 
Conservation Act for the 21st Century.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at the end the following 
new item:

                              ``Sec. 9511. Windfall Profits Fund.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2001.

SEC. 213. REASONABLE PROFITS BOARD.

    (a) Establishment.--There is established an independent board to be 
known as the ``Reasonable Profits Board'' (hereafter in this section 
referred to as the ``Board'').
    (b) Duties.--The Board shall make reasonable profit determinations 
for purposes of applying section 5886 of the Internal Revenue Code of 
1986 (relating to windfall profit on electricity and fuel oil, natural 
gas, coal, and products thereof).
    (c) Advisory Committee.--The Board shall be considered an advisory 
committee within the meaning of the Federal Advisory Committee Act (5 
U.S.C. App.).
    (d) Appointment.--
            (1) Members.--The Board shall be composed of 9 members 
        appointed by the President, as follows:
                    (A) 2 members of the Board shall be from organized 
                labor.
                    (B) 2 members of the Board shall be from consumer 
                groups.
                    (C) 2 members of the Board shall be from the 
                environmental community.
                    (D) 2 members of the Board shall be experts in 
                renewable energy.
                    (E) 1 member of the Board shall be from the small 
                business community.
            (2) Term.--Members of the Board shall be appointed for a 
        term of 3 years.
            (3) Background.--The members shall have no financial 
        interests in any of the businesses for which reasonable profits 
        are determined by the Board.
    (e) Pay and Travel Expenses.--
            (1) Pay.--Notwithstanding section 7 of the Federal Advisory 
        Committee Act (5 U.S.C. App.), members of the Board shall be 
        paid at a rate equal to the daily equivalent of the minimum 
        annual rate of basic pay for level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code, for each day 
        (including travel time) during which the member is engaged in 
        the actual performance of duties vested in the Board.
            (2) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with section 5702 and 5703 of title 5, United States 
        Code.
    (f) Director of Staff.--
            (1) Qualifications.--The Board shall appoint a Director who 
        has no financial interests in any of the businesses for which 
        reasonable profits are determined by the Board.
            (2) Pay.--Notwithstanding section 7 of the Federal Advisory 
        Committee Act (5 U.S.C. App.), the Director shall be paid at 
        the rate of basic pay payable for level IV of the Executive 
        Schedule under section 5315 of title 5, United States Code.
    (g) Staff.--
            (1) Additional personnel.--The Director, with the approval 
        of the Board, may appoint and fix the pay of additional 
        personnel.
            (2) Appointments.--The Director may make such appointments 
        without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service, and 
        any personnel so appointed may be paid without regard to the 
        provisions of chapter 51 and subchapter III of chapter 53 of 
        that title relating to classification and General Schedule pay 
        rates.
            (3) Detailees.--Upon the request of the Director, the head 
        of any Federal department or agency may detail any of the 
        personnel of that department or agency to the Board to assist 
        the Board in accordance with an agreement entered into with the 
        Board.
            (4) Assistance.--The Comptroller General of the United 
        States may provide assistance, including the detailing of 
        employees, to the Board in accordance with an agreement entered 
        into with the Board.
    (h) Other Authority.--
            (1) Experts and consultants.--The Board may procure by 
        contract, to the extent funds are available, the temporary or 
        intermittent services of experts or consultants pursuant to 
        section 3109 of title 5, United States Code.
            (2) Leasing.--The Board may lease space and acquire 
        personal property to the extent that funds are available.
    (i) Funding.--There are authorized to be appropriated such funds as 
are necessary to carry out this section.
                                 <all>