1.This Act may be cited as the
National Energy Efficiency Development
Act
.
2.Congress finds that—
(1)the welfare and
security of the United States require that adequate provision be made for
activities relating to the development of energy-efficient technologies and
renewable energy technologies; and
(2)those activities
should be the responsibility of, and should be directed by, an independent
establishment exercising control over activities relating to the development
and promotion of energy-efficient technologies and renewable energy
technologies sponsored by the United States.
3.The purpose of this Act is to establish the
National Energy Efficiency Development Administration—
(1)to develop technologies to increase energy
efficiency;
(2)to reduce the demand for energy;
(3)to develop
technologies to produce energy from renewable sources;
(4)to harness and
facilitate the ingenuity of the ongoing research and development of new energy
technology occurring throughout the United States; and
(5)to facilitate the
commercialization of new energy-efficient technologies and renewable energy
technologies.
4.In this Act:
(1)The
term Administration means the National Energy Efficiency
Development Administration established by section 5(a).
(2)The
term Administrator means the head of the Administration appointed
under section 5(c)(1).
(3)The term Advisory Committee means the
Policy Advisory Committee established by section 7(a)(1).
(4)Energy-efficient
technologyThe term energy-efficient technology
means a technology that improves the energy efficiency of any sector of the
economy, including the transportation, building, energy generation, appliance,
power transmission, and industrial sectors.
(5)Renewable
energy technologyThe term renewable energy
technology means a technology (including a technology invented after the
date of enactment of this Act) that produces energy from a sustainable biomass,
wind, hydroelectric, solar, geothermal, fuel cell, or other renewable
source.
5.National Energy
Efficiency Development Administration
(a)There
is established, as an independent agency, the National Energy Efficiency
Development Administration.
(b)The
mission of the Administration shall be—
(1)to increase the
efficiency of the production and use of energy in all sectors of the economy;
and
(2)to reduce United
States imports of oil by—
(A)5 percent by
2010;
(B)20 percent by
2013; and
(C)50 percent by
2020.
(c)Administrator;
deputy Administrator
(1)
(A)
(i)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)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)
(i)Subject to clause (ii), the term of office of an
Administrator shall be 6 years.
(ii)
(I)The President may remove an Administrator from the
Administration based on just cause, as determined by the President.
(II)In removing an Administrator from the Administration,
the President shall communicate to Congress each reason for removal.
(C)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)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 authorityThe Administrator shall not make any
modifications to energy-efficiency standards or related standards in effect on
the date of enactment of this Act that would result in a projected net
reduction of efficiency in the use of oil or other imported energy
sources.
(iii)Organization
of Administration
(I)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)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)
(i)The Administrator shall—
(I)plan, direct, and
conduct energy-efficient technology and renewable energy technology
activities;
(II)provide for the
widest appropriate dissemination of information concerning the activities of
the Administration and the results of those activities;
(III)- (aa)improve existing
energy-efficient technologies and renewable energy technologies; or
- (bb)develop new energy-efficient
technologies and renewable energy technologies;
(IV)identify and
implement mechanisms to introduce energy-efficient technologies and renewable
energy technologies into the marketplace; and
(V)conduct studies
of—
- (aa)the
potential benefits gained, such as environmental protection, increasing energy
independence, and reducing costs to consumers; and
- (bb)the costs of and
barriers to the development and use of energy-efficient technologies.
(ii)The
energy-efficient technology and renewable energy technology activities of the
United States carried out by the Administrator or carried out with financial
assistance from the Administrator shall, as the Administrator determines to be
appropriate, be conducted so as to contribute significantly to 1 or more of the
following objectives:
(I)Expansion of
knowledge about energy-efficient technologies and renewable energy technologies
and the use of those technologies.
(II)Facilitating the
market transformation of energy-efficient technologies and renewable energy
technologies.
(III)The most
effective use of the scientific resources of the United States, with close
cooperation among all interested agencies of the United States so as to avoid
duplication of effort, facilities, and equipment.
(2)
(A)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)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)
(i)Subject to clause (ii), the term of office of a Deputy
Administrator shall be 6 years.
(ii)
(I)The President may remove a Deputy Administrator from
the Administration based on just cause, as determined by the President.
(II)In removing a Deputy Administrator from the
Administration, the President shall communicate to Congress each reason for
removal.
(D)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)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)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)
(1)In this subsection, the term function means
any duty, obligation, power, authority, responsibility, right, privilege,
activity, or program.
(2)
(A)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)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)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)
(A)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)The
President shall submit to Congress a report that describes the nature and
effect of any transfer made under subparagraph (A).
(4)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.
6.The Administrator
shall—
(1)appoint and fix
the compensation of such officers and employees as are necessary to carry out
the functions of the Administration;
(2)make appointments
of scientific, engineering, and professional personnel without regard to the
civil service laws;
(3)fix the
compensation of the personnel described in paragraph (2) at a rate to be
determined by the Administrator;
(4)acquire,
construct, improve, repair, operate, and maintain such laboratories, research
and testing sites and facilities, and such other real and personal property or
interests in real and personal property, as the Administrator determines to be
necessary for the performance of the functions of the Administration;
(5)enter into and
perform such contracts, leases, cooperative agreements, or other transactions
as are necessary in the performance of the duties of the Administrator with
any—
(A)agency or
instrumentality of the United States;
(B)State, Territory,
or possession;
(C)political
subdivision of any State, Territory, or possession; or
(D)person, firm,
association, corporation, or educational institution;
(6)(A)with the consent of
Federal and other agencies, with or without reimbursement, use the services,
equipment, personnel, and facilities of those agencies; and
(B)cooperate with other public and
private agencies and instrumentalities in the use of services, equipment,
personnel, and facilities; and
(7)establish within
the Administration such offices and procedures as the Administrator considers
appropriate to provide for the greatest possible coordination of the activities
of the Administration with related scientific and other activities of other
public and private agencies and organizations.
7.
(a)Policy Advisory
Committee
(1)There
is established in the Administration a Policy Advisory Committee.
(2)
(A)The
Advisory Committee shall be composed of 12 members, of whom—
(i)4
members shall be representatives of nongovernmental energy efficiency,
renewable energy, and environmental protection organizations;
(ii)4
members shall be representatives of—
(I)industries
involved in the generation, transmission, or distribution of energy products,
including manufacturers of equipment to generate efficient or renewable energy;
or
(II)the
transportation industry; and
(iii)4
members shall be representatives of the scientific and university research
community.
(B)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)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)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)The
Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Advisory Committee.
(b)
(1)There
is established in the Administration an Office of Administration.
(2)Assistant
Deputy AdministratorThe 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)There
is established in the Office of Administration an Energy Efficiency Economics
Division.
(B)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)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)
(A)There
is established in the Office of Administration an Education Division.
(B)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)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)There
is established in the Administration an Office of Policy, Research, and
Development.
(2)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 AdministratorThe 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)In
carrying out this subsection, the Office of Policy, Research, and Development
shall consider the potential benefits of—
(A)a flat
organizational structure comprised of project-based teams;
(B)coordination with
the private sector; and
(C)organizational
models used by other Federal agencies conducting advanced research.
(d)Office of
market transformation
(1)There
is established in the Administration an Office of Market Transformation.
(2)Assistant
Deputy AdministratorThe head of the Office of Market
Transformation shall be an Assistant Deputy Administrator for Market
Transformation, to be appointed by the Administrator.
(3)The
Office of Market Transformation shall facilitate the implementation of new
energy-efficient technologies and renewable energy technologies in all sectors
of the economy by—
(A)conducting
research—
(i)to
determine each barrier to market transformation; and
(ii)to
develop the means by which to remove each barrier;
(B)conducting
education and marketing campaigns to encourage commercial and retail purchases
of new energy-efficient technologies and renewable energy technologies;
(C)providing to
States, tribal governments, and units of local government information on codes
and regulations that interfere with or encourage the use of energy-efficient
technologies and renewable energy technologies;
(D)conducting
government buy-down programs for energy-efficient technologies and renewable
energy technologies;
(E)providing grants
to low-income communities and nonprofit institutions to purchase appropriate
energy-efficient technologies and renewable energy technologies;
(F)providing loan
guarantees to qualified companies that are developing energy-efficient
technologies and renewable energy technologies; and
(G)carrying out any
other activity or program that the Administrator determines will promote the
spread of energy-efficient technologies and renewable energy
technologies.
(4)The
Assistant Deputy Administrator for Market Transformation shall ensure, to the
maximum extent practicable, that the activities of the Office of Market
Transformation are coordinated with—
(A)the Federal
Government and State, tribal, and local governments and agencies; and
(B)appropriate
nongovernmental organizations (including organizations dedicated to market
transformation).
8.Initial
technology solicitations
(a)The Administrator (acting through the Office of Market
Transformation and the Office of Policy, Research, and Development) may, based
on the criteria described in subsection (b), initiate the development of
technologies for—
(1)fuel
cells;
(2)fuel-efficient
tires;
(3)construction of a
hydrogen infrastructure;
(4)high-temperature
superconducting cable;
(5)improved
switches, resistors, capacitors, software and smart meters for electrical
transmission systems;
(6)combined heat and
power;
(7)microturbines;
(8)energy-efficient
lighting;
(9)energy efficiency
training for building contractors;
(10)biogas recovery
systems;
(11)integrated
gasification combined cycle coal production;
(12)retrofitting or
rehabilitation of existing structures to incorporate energy-efficient
technologies;
(13)efficient
microchannel heat exchangers; and
(14)any other
appropriate technologies that need to be developed, as determined by the
Administrator.
(b)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)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).
9.
(a)
(1)Activities and
accomplishmentsSemiannually 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)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)In January of each year, the President shall submit to
Congress a report that includes—
(1)a description of
the activities and accomplishments of all agencies of the United States in the
field of energy-efficient technology and renewable energy technology
development during the preceding calendar year;
(2)an evaluation of
the activities and accomplishments of the Administrator in attaining the
objectives of this Act; and
(3)such
recommendations for additional legislation as the Administrator or the
President considers appropriate for the attainment of the objectives described
in this Act.
10.Authorization
of appropriationsThere are
authorized to be appropriated to carry out this Act—
(1)$7,500,000,000
for fiscal year 2010;
(2)$9,000,000,000
for each of fiscal years 2011 and 2012; and
(3)$10,000,000,000
for each of fiscal years 2013 through 2017.