[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.
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