S.Amdt. 809

SA 809. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 37, between the matter following line 12 and 13, insert the following:

SEC. 109. MANHATTAN PROJECT FOR ENERGY INDEPENDENCE.

(a) Findings.--Congress finds that--

(1) the welfare and security of the United States require that adequate provision be made for activities relating to the development of energy-efficient technologies; and

(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.

(b) Purpose.--The purpose of this section is to establish the Energy Efficiency Development Administration to develop technologies to increase energy efficiency and to reduce the demand for energy.

(c) Definitions.--In this section:

(1) Administration.--The term “Administration” means the Energy Efficiency Development Administration established by subsection (d)(1).

(2) Administrator.--The term “Administrator” means the head of the Administration appointed under subsection (d)(3)(A).

(3) Advisory committee.--The term “Advisory Committee” means the Policy Advisory Committee established by subsection (f)(1)(A).

(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.

(d) Energy Efficiency Development Administration.--

(1) Establishment.--There is established as an independent establishment in the executive branch the Energy Efficiency Development Administration.

(2) Mission.--The mission of the Administration shall be to reduce United States imports of oil by--

(A) 5 percent by 2008;

(B) 20 percent by 2011; and

(C) 50 percent by 2015.

(3) Administrator; deputy administrator.--

(A) Administrator.--

(i) Appointment.--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) Pay.--Section 5313 of title 5, United States Code, is amended by adding at the end the following:

“Administrator, Energy Efficiency Development Administration.”.

(iii) Duties.--The Administrator shall--

(I) exercise all powers and perform all duties of the Administration; and

(II) have authority over all personnel and activities of the Administration.

(iv) Limitation on rulemaking authority.--The Administrator shall not modify any energy-efficiency standards or related standards in effect on the date of enactment of this Act that would result in the reduction of energy efficiency in any product.

(B) Deputy administrator.--

(i) 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.

(ii) Pay.--Section 5314 of title 5, United States Code, is amended by adding at the end the following:

“Deputy Administrator, Energy Efficiency Development Administration.”.

(iii) 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.

(4) Transfer of functions.--

(A) Definition of function.--In this paragraph, the term “function” means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.

(B) Transfer of functions.--

(i) In general.--There are transferred to the Administrator--

(I) all functions previously exercised by the Assistant Secretary of Energy for Efficiency and Renewable Energy; and

(II) any authority to promulgate regulations relating to fuel efficiency previously exercised by the Secretary of Transportation.

(ii) Inclusions.--Functions transferred under clause (i) include all real and personal property, personnel funds, and records of the Office of Energy Efficiency and Renewable Energy of the Department of Energy.

(iii) Determination of functions.--The Director of the Office of Management and Budget shall determine the functions that are transferred under clause (i).

(C) Presidential transfers.--

(i) In general.--The President, until the date that is 4 years after the date of enactment of this Act, 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 section; and

(II) any records, property, personnel, and funds that are necessary to carry out that function.

(ii) Reports.--The President shall submit to Congress a report that describes the nature and effect of any transfer made under clause (i).

(D) Abolishment of office.--The Office of Energy Efficiency and Renewable Energy of the Department of Energy is abolished.

(5) Duties.--

(A) In general.--The Administrator shall--

(i) plan, direct, and conduct energy-efficient technology activities; and

(ii) provide for the widest appropriate dissemination of information concerning the activities of the Administration and the results of those activities.

(B) 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 more of the following objectives:

(i) Expansion of knowledge about energy-efficient technologies and the use of those technologies.

(ii) Improvement of existing energy-efficient technologies or development of new energy-efficient technologies.

(iii) Identification of mechanisms to introduce energy-efficient technologies into the marketplace.

(iv) Conduct of studies of--

(I) the potential benefits gained, such as environmental protection, increasing energy independence, and reducing costs to consumers; and

(II) the problems involved in the development and use of energy-efficient technologies.

(v) 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.

(e) Powers.--The Administrator shall--

(1) not later than 180 days after the date of enactment of this Act, submit to Congress a personnel plan for the Administration that--

(A) specifies the initial number and qualifications of employees needed for the Administration;

(B) describes the functions and General Service classification and pay rates of the initial employees; and

(C) specifies how the Administrator will adhere to or deviate from the civil service system;

(2) appoint and fix the compensation of such officers and employees as are necessary to carry out the functions of the Administration;

(3) 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;

(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.

(f) Organizational Structure.--

(1) Policy advisory committee.--

(A) Establishment.--There is established in the Administration a Policy Advisory Committee.

(B) Membership.--

(i) 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--

(aa) industries involved in the generation, transmission, or distribution of energy products; or

(bb) the transportation industry; and

(III) 4 members shall be representatives of the scientific and university research community.

(ii) Appointment.--The Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate shall each appoint 1 member described in subclauses (I), (II), and (III) of clause (i).

(C) Duties.--The Advisory Committee shall--

(i) act as a steering committee for the Administration; and

(ii) formulate a long-term strategy for--

(I) achieving the mission of the Administration under subsection (d)(2); and

(II) identifying energy-efficient technologies and initiatives that--

(aa) have the potential to increase energy efficiency over the long term; and

(bb) should be further explored by the Administration.

(D) Staff.--The Advisory Committee may appoint not more than 24 employees to assist in carrying out the duties of the Advisory Committee, of whom--

(i) 8 shall report to the members appointed under subparagraph (B)(i)(I);

(ii) 8 shall report to the members appointed under subparagraph (B)(i)(II); and

(iii) 8 shall report to the members appointed under subparagraph (B)(i)(III).

(E) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory Committee.

(2) Office of administration.--

(A) Establishment.--There is established in the Administration an Office of Administration.

(B) Assistant deputy administrator.--The head of the Office of Administration shall be an Assistant Deputy Administrator for Administration, to be appointed by the Administrator.

(C) Public information division.--

(i) Establishment.--There is established in the Office of Administration a Public Information Division.

(ii) Duties.--The Public Information Division shall serve as a liaison between the Administration, the public, and other entities.

(D) Energy efficiency economics division.--

(i) Establishment.--There is established in the Office of Administration an Energy Efficiency Economics Division.

(ii) 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

(iii) Duties.--The Energy Efficiency Economics Division shall 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.

(E) Incentives division.--

(i) Establishment.--There is established in the Office of Administration an Incentives Division.

(ii) Duties.--The Incentives Division shall--

(I) conduct a study of economic incentives that would assist the Administration in--

(aa) developing energy-efficient technologies; and

(bb) introducing those technologies into the marketplace; and

(II) submit to Congress a report on the results of the study conducted under subclause (I).

(F) Education division.--

(i) Establishment.--There is established in the Office of Administration an Education Division.

(ii) Duties.--The Education Division shall provide--

(I) to the public, information concerning--

(aa) how to conserve energy, including--

(AA) what type of products are energy-efficient; and

(BB) where such products may be purchased; and

(bb) the importance of conserving energy; and

(II) provide to building owners, engineers, contractors, and other businesspersons training in energy-efficient technologies.

(G) Legislative counsel division.--There is established in the Office of Administration a Legislative Counsel Division to provide legal assistance to the Administrator.

(3) Office of policy, research, and development.--

(A) Establishment.--There is established in the Administration an Office of Policy, Research, and Development to establish the organizational structure of the Administration relating to the project development and engineering activities of the Administration.

(B) 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.

(C) Powers.--In establishing the organizational structure under subparagraph (A), the Office of Policy, Research, and Development may--

(i) incorporate a flat organizational structure comprised of project-based teams;

(ii) focus on accelerating the development of energy-efficient technologies during the period from fundamental research to implementation;

(iii) coordinate with the private sector; and

(iv) adopt organizational models used by other Federal agencies conducting advanced research.

(4) Office of venture capital.--

(A) Establishment.--There is established in the Administration an Office of Venture Capital.

(B) 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.

(C) Duties.--The Office of Venture Capital shall--

(i) accept applications from companies requesting financial assistance for energy-efficient technology proposals;

(ii) accept recommendations and input from the Deputy Administrator and the Policy Advisory Committee on applications submitted under clause (i); and

(iii) from among the applications submitted under clause (i), award financial assistance to applicants to carry out the proposals that are most likely to improve energy efficiency.

(g) Initial Technology Solicitations.--

(1) In general.--The Administrator may, based on the criteria described in paragraph (2), initiate the development of technologies for--

(A) fuel-efficient tires;

(B) construction of a hydrogen infrastructure;

(C) high-temperature superconducting cable;

(D) improved switches, resistors, capacitors, software and smart meters for electrical transmission systems;

(E) combined heat and power;

(F) micro turbines;

(G) fuel cells;

(H) energy-efficient lighting;

(I) energy efficiency training for building contractors;

(J) retrofitting or rehabilitation of existing structures to incorporate energy-efficient technologies; and

(K) efficient micro-channel heat exchangers.

(2) Criteria.--In determining which technologies to develop under paragraph (1), the Administrator shall consider--

(A) the current status of development of the technology;

(B) the potential for widespread use of the technology in commercial markets;

(C) the time and costs of efforts needed to bring the technology to full implementation; and

(D) the potential of the technology to contribute to the goals of the Administration.

(3) 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--

(A) assesses the potential for the technologies described in paragraph (1) to contribute to the goals of the Administration; and

(B) describes the plans of the Administration to develop the technologies under paragraph (1).

(h) Reports.--

(1) By the administrator.--Semiannually and at such other times as the Administrator considers appropriate, the Administrator shall submit to the President a report that describes the activities and accomplishments of the Administration.

(2) By the president.--In January of each year, the President shall submit to Congress a report that includes--

(A) 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;

(B) an evaluation of the activities and accomplishments of the Administrator in attaining the objectives of this section; and

(C) such recommendations for additional legislation as the Administrator or the President considers appropriate for the attainment of the objectives described in this section.

(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section--

(1) $5,000,000,000 for fiscal year 2006;

(2) $6,000,000,000 for fiscal year 2007;

(3) $7,500,000,000 for each of fiscal years 2008 and 2009;

(4) $9,000,000,000 for each of fiscal years 2010 and 2010; and

(5) $10,000,000,000 for each of fiscal years 2011 through 2016.