[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4106 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4106

   To provide for research into the development of energy-efficient 
    technologies and to foster the introduction of energy-efficient 
  technologies into the marketplace, with the goal of reducing United 
                          States oil imports.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

  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 to foster the introduction of energy-efficient 
  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 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 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; and
            (4) to harness and facilitate the ingenuity of the ongoing 
        research and development of new energy technology occurring 
        throughout the United States.

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 activity.--
                    (A) In general.--The term ``energy-efficient 
                technology activity'' means an activity that improves 
                the energy efficiency of any sector of the economy, 
                including the transportation, building design, 
                electrical generation, appliance, and power 
                transmission sectors.
                    (B) Inclusion.--The term ``energy-efficient 
                technology activity'' includes an activity that 
                produces energy from a sustainable biomass, wind, 
                small-scale hydroelectric, solar, geothermal, 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 to reduce 
United States imports of oil by--
            (1) 5 percent by 2008;
            (2) 20 percent by 2011; and
            (3) 50 percent by 2015.
    (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 energy efficiency.
                            (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 activities;
                                    (II) provide for the widest 
                                appropriate dissemination of 
                                information concerning the activities 
                                of the Administration and the results 
                                of those activities;
                                    (III) improve existing energy-
                                efficient technologies or develop new 
                                energy-efficient technologies;
                                    (IV) identify mechanisms to 
                                introduce energy-efficient 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 activities of the United States 
                        carried out from the Administrator or carried 
                        out with financial assistance by the 
                        Administrator shall be conducted so as to 
                        contribute significantly to 1 or both of the 
                        following objectives:
                                    (I) Expansion of knowledge about 
                                energy-efficient technologies and the 
                                use of those technologies.
                                    (II) 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) establish the entrance grade for scientific personnel 
        without previous service in the Federal Government at a level 
        up to 2 grades higher than the grade provided for such 
        personnel in the General Schedule (within the meaning of 
        section 5104 of title 5, United States Code) and fix the 
        compensation of the personnel accordingly, as the Administrator 
        considers necessary to recruit specially qualified scientific, 
        environmental, and industry-related expertise;
            (3) 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;
            (4) 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;
            (5)(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
            (6) 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 
                        the energy efficiency and environmental 
                        protection community;
                            (ii) 4 members shall be representatives 
                        of--
                                    (I) industries involved in the 
                                generation, transmission, or 
                                distribution of energy products; 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 Venture Capital.--
            (1) Establishment.--There is established in the 
        Administration an Office of Venture Capital.
            (2) Assistant deputy administrator.--The head of the Office 
        of Venture Capital shall be an Assistant Deputy Administrator 
        for Venture Capital, to be appointed by the Administrator.
            (3) Duties.--The Office of Venture Capital shall--
                    (A) accept applications from public and private 
                entities requesting financial assistance for energy-
                efficient technology proposals;
                    (B) accept recommendations and input from the 
                Deputy Administrator and the Policy Advisory Committee 
                on applications submitted under subparagraph (A); and
                    (C) from among the applications submitted under 
                subparagraph (A) and taking into account the objectives 
                described in section 5(f)(2), award financial 
                assistance to applicants to carry out the proposals 
                that are most likely to improve energy efficiency.
    (e) Coordination.--The Administrator--
            (1) shall ensure that the activities of the Administration 
        are coordinated with the activities of other relevant research 
        agencies; and
            (2) may carry out projects jointly with other agencies.

SEC. 8. INITIAL TECHNOLOGY SOLICITATIONS.

    (a) In General.--The Administrator (acting through the Office of 
Venture Capital 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) micro turbines;
            (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; and
            (13) efficient micro-channel heat exchangers.
    (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 
        efficiency 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 each of fiscal years 2007 and 2008;
            (2) $9,000,000,000 for each of fiscal years 2009 and 2010; 
        and
            (3) $10,000,000,000 for each of fiscal years 2011 through 
        2015.
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