An amendment numbered 17 printed in House Report 110-300 to create a Solar Energy Industries Research and Promotion Board to increase consumer awareness nationwide of solar energy options and appropriate certifications. The solar program would be funded entirely by a small portion of industry revenues and no appropriations are authorized.

1. 1

   Change 1: Adds PART 1--RESEARCH AND ADVANCEMENT before section 4301 of subtitle D of title IV

   Adds a section

   In H.R. 3221 · Introduced in House

   Inserted: PART 1--RESEARCH AND ADVANCEMENT

   SEC. 4301. SHORT TITLE.

   Original wording

   In subtitle D of title IV, before section 4301, insert the following:

2. 2

   Change 2: Replaces “subtitle” at the section 4302 with “part”

   Replaces

   In H.R. 3221 · Introduced in House

   SEC. 4302. DEFINITIONS.

   For purposes of this [struck: subtitle][inserted: part]:

   (1) The term "Department" means the Department of Energy.

   Original wording

   In section 4302, strike “subtitle” and insert “part”.

3. 3

   Change 3: Adds PART 2--DEVELOPMENT AND USE OF SOLAR ENERGY PRODUCTS at the end of subtitle D of title IV

   Adds a section

   In H.R. 3221 · Introduced in House

   (5) $70,000,000 for fiscal year 2012.

   Inserted: PART 2--DEVELOPMENT AND USE OF SOLAR ENERGY PRODUCTS

   Inserted: SEC. 4311. DEFINITIONS.

   Inserted: For purposes of this part:

   Inserted: (1) The term "Board" means the Solar Energy Industries Research and Promotion Board established under section 4312(b)(1).

   Inserted: (2) The term "Committee" means the Solar Energy Research and Promotion Operating Committee established under section 4312(b)(4).

   Inserted: (3) The term "Department" means the Department of Energy.

   Inserted: (4) The term "importer" means any person who imports solar energy products from outside the United States.

   Inserted: (5) The term "order" means a solar energy product research and promotion order issued under section 4312.

   Inserted: (6) The term "promotion" means any action to advance the image and desirability of solar energy products with the express intent of improving the competitive position and stimulating sales of solar energy products in the marketplace.

   Inserted: (7) The term "Secretary" means the Secretary of Energy.

   Inserted: (8) The term "solar energy products" means solar water heating components and systems and photovoltaic components and systems.

   Inserted: SEC. 4312. SOLAR RESEARCH AND INFORMATION PROGRAM.

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   Inserted: (a) Issuance of Orders.--

   Inserted: (1) Proposed order.--Not later than 30 days after receipt of a proposal for a solar energy product research and promotion order, the Secretary shall publish such proposed order and give due notice and opportunity for public comment on such proposed order. Such proposal may be submitted by any organization meeting the requirements for certification under section 4313 or any interested person, including the Secretary.

   Inserted: (2) Final order.--After notice and opportunity for public comment are given, as provided for in paragraph (1), the Secretary shall issue a solar energy product research and promotion order. The order shall become effective not later than 120 days after publication of the proposed order.

   Inserted: (b) Required Terms in Orders.--An order issued under subsection (a) shall contain the following terms and conditions:

   Inserted: (1) The order shall provide for the establishment and selection of a Solar Energy Industries Research and Promotion Board. In addition to nonpermanent members of the Board, there shall be two permanent members of the Board, a representative chosen by the Secretary and a representative chosen by one of the organizations certified under section 4313. Nonpermanent members of the Board shall be solar energy products producers and importers appointed by the Secretary from--

   Inserted: (A) nominations submitted by eligible organizations certified under section 4313; and

   Inserted: (B) nominations submitted by importers under such procedures as the Secretary determines appropriate.

   Inserted: The Secretary shall ensure adequate representation of all geographic regions of the United States on the Board.

   Inserted: (2) The order shall define the powers and duties of the Board, which shall be exercised at an annual meeting, and shall include only the following powers:

   Inserted: (A) To administer the order in accordance with its terms and provisions.

   Inserted: (B) To make rules and regulations to effectuate the terms and provisions of the order.

   Inserted: (C) To elect members of the Board to serve on the Committee.

   Inserted: (D) To approve or disapprove budgets submitted by the Committee.

   Inserted: (E) To receive, investigate, and report to the Secretary complaints of violations of the order.

   Inserted: (F) To recommend to the Secretary amendments to the order. In addition, the order shall determine the circumstances under which special meetings of the Board may be held.

   Inserted: (3) The order shall provide that the term of appointment for nonpermanent members of the Board shall be 3 years with no nonpermanent member serving more than 2 consecutive terms, except that initial appointments shall be proportionately for 1-year, 2-year, and 3-year terms; and that Board members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Board.

   Inserted: (4)(A) The order shall provide that the Board shall elect from its membership 10 members to serve on the Solar Energy Research and Promotion Operating Committee.

   Inserted: (B) The Committee shall develop plans or projects of research, information, and promotion which shall be paid for with assessments collected by the Board. In developing plans or projects, the Committee shall, to the extent practicable, ensure that all segments of the solar industry receive fair treatment under this part based upon contributions made under paragraph (8).

   Inserted: (C) The Committee shall be responsible for developing and submitting to the Board, for its approval, budgets on a fiscal year basis of its anticipated expenses and disbursements, including probable costs of research, promotion, and information projects. The Board shall approve or disapprove such budgets and, if approved, shall submit such budget to the Secretary for the Secretary's approval.

   Inserted: (D) The total costs of collection of assessments and administrative staff incurred by the Board during any fiscal year shall not exceed 5 percent of the projected total assessments to be collected by the Board for such fiscal year. The Board shall use, to the extent possible, the resources, staffs, and facilities of existing organizations.

   Inserted: (5) The order shall provide that terms of appointment to the Committee shall be 1 year, and that no person may serve on the Committee for more than 6 consecutive terms. Committee members shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in performing their duties as members of the Committee. The Committee may utilize the resources, staffs, and facilities of the Board and industry organizations. An employee of an industry organization may not receive compensation for work performed for the Committee, but shall be reimbursed from assessments collected by the Board for reasonable expenses incurred in performing such work.

   Inserted: (6) The order shall provide that, to ensure coordination and efficient use of funds, the Committee shall enter into contracts or agreements for implementing and carrying out the activities authorized by this part with established national nonprofit industry-governed organizations to implement programs of research, promotion, and information. In any fiscal year, the total assessments available for spending for this program (including administrative expenses under paragraph (4)(D)) shall not exceed 50 percent of the projected total assessments for that year. Any such contract or agreement shall provide that--

   Inserted: (A) the person entering the contract or agreement shall develop and submit to the Committee a plan or project together with a budget or budgets that shows estimated costs to be incurred for the plan or project;

   Inserted: (B) the plan or project shall become effective on the approval of the Secretary; and

   Inserted: (C) the person entering the contract or agreement shall keep accurate records of all of its transactions, account for funds received and expended, and make periodic reports to the Committee of activities conducted, and such other reports as the Secretary, the Board, or the Committee may require.

   Inserted: (7) The order shall require the Board and the Committee to--

   Inserted: (A) maintain such books and records, which shall be available to the Secretary for inspection and audit, as the Secretary may prescribe;

   Inserted: (B) prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and

   Inserted: (C) account for the receipt and disbursement of all funds entrusted to them.

   Inserted: (8)(A) The order shall provide that each manufacturer of a solar energy product shall collect an assessment and pay the assessment to the Board.

   Inserted: (B) The order also shall provide that each importer of solar energy products shall pay an assessment, in the manner prescribed by the order, to the Board.

   Inserted: (C) The assessments shall be used for payment of the costs of plans and projects, as provided for in paragraph (4), and expenses in administering the order, including more administrative costs incurred by the Secretary after the order has been promulgated under this part, and to establish a reasonable reserve. The rate of assessment prescribed by the order shall be determined by the Secretary in consultation with the Solar Energy Industry Association.

   Inserted: (9) The order shall provide that the Board, with the approval of the Secretary, may invest, pending disbursement, funds collected through assessments only in obligations of the United States or any agency thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.

   Inserted: (10) The order shall prohibit any funds collected by the Board under the order from being used in any manner for the purpose of influencing governmental action or policy, with the exception of recommending amendments to the order.

   Inserted: (11)(A) The order shall require that each manufacturer or importer making payment to the Board maintain and make available for inspection such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order. Such information shall be made available to the Secretary as is appropriate to the administration or enforcement of this part. All information so obtained shall be kept confidential by all officers and employees of the Department, and only such information so obtained as the Secretary deems relevant may be disclosed by them and then only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving the order. Nothing in this paragraph may be deemed to prohibit--

   Inserted: (i) the issuance of general statements, based on the reports, of the number of entities subject to the order or statistical data collected therefrom, which statements do not identify the information furnished by an person; or

   Inserted: (ii) the publication, by direction of the Secretary, of the name of any person violating the order, together with a statement of the particular provisions of the order violated by the person.

   Inserted: (B) No information obtained under the authority of this part may be made available to any agency or officer of the United States for any purpose other than the implementation of this part and any investigatory or enforcement act necessary for the implementation of this part. Any person violating the provisions of this paragraph shall be subject to a fine of not more than $1,000, or to imprisonment for not more than one year, or both, and if an officer or employee of the Board or the Department, shall be removed from office.

   Inserted: (12) The order shall contain terms and conditions, not inconsistent with the provisions of this part, as necessary to effectuate the provisions of the order.

   Inserted: SEC. 4313. CERTIFICATION OF ORGANIZATIONS TO NOMINATE.

   Inserted: (a) Eligibility.--The eligibility of any national, regional, or State organization to represent manufacturers and to participate in the making of nominations under section 4312(b) shall be certified by the Secretary. The Secretary shall certify any organization that the Secretary determines meets the eligibility criteria established under subsection (b), and such determination as to eligibility shall be final.

   Inserted: (b) Criteria.--An organization may be certified as described in subsection (a) if such organization meets all of the following eligibility criteria:

   Inserted: (1) The organization represents a majority of manufacturers of solar energy products in the Nation.

   Inserted: (2) The organization has a history of stability and permanency.

   Inserted: (3) A primary purpose of the organization is to promote the economic welfare of the solar energy products industry.

   Inserted: (c) Basis for Certification.--Certification of an organization shall be based upon a factual report submitted by the organization.

   Inserted: SEC. 4314. REFERENDUM.

   Inserted: (a) Initial Referendum.--For the purpose of determining whether the initial order shall be continued, not later than 48 months after the issuance of the order (or any earlier date recommended by the Board), the Secretary shall conduct a referendum among persons who have been manufacturers or importers of solar energy products during a representative period, as determined by the Secretary. The order shall be continued only if the Secretary determines that it has been approved by not less than a majority of the manufacturers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the manufacturing of solar energy products. If continuation of the order is not approved by a majority voting in the referendum, the Secretary shall terminate the collection of assessments under the order within 6 months after the Secretary determines that continuation of the order is not favored by a majority voting in the referendum, and shall terminate the order in an orderly manner as soon as practicable after such determination.

   Inserted: (b) Subsequent Referenda.--After the initial referendum, the Secretary may conduct a referendum on the request of a representative group comprising 25 percent or more of the number of manufacturers of solar energy products to determine whether manufacturers favor the termination or suspension of the order. The Secretary shall suspend or terminate collection of assessments under the order within 6 months after the Secretary determines that suspension or termination of the order is favored by a majority of the manufacturers voting in the referendum who, during a representative period as determined by the Secretary, have been engaged in the manufacture of solar energy products, and shall terminate or suspend the order in an orderly manner as soon as practicable after such determination.

   Inserted: (c) Procedures.--The Department shall be reimbursed from assessments collected by the Board for any expenses incurred by the Department in connection with conducting any referendum under this section, except for the salaries of Government employees. Any referendum conducted under this section shall be conducted on a date established by the Secretary, whereby manufacturers shall certify that they were engaged in the production of solar energy products during the representative period and, on the same day, shall be provided an opportunity to vote in the referendum.

   Inserted: SEC. 4315. REFUNDS.

   Inserted: (a) In General.--During the period prior to the approval of the continuation of an order pursuant to the referendum required under section 4314(a), subject to subsection (f) of this section, the Board shall--

   Inserted: (1) establish an escrow account to be used for assessment refunds;

   Inserted: (2) place funds in such account in accordance with subsection (b); and

   Inserted: (3) refund assessments to persons in accordance with this section.

   Inserted: (b) Amounts Placed in Account.--Subject to subsection (f), the Board shall place in such account, from assessments collected under section 4312 during the period referred to in subsection (a), an amount equal to the product obtained by multiplying the total amount of assessments collected under section 4312 during such period by 15 percent.

   Inserted: (c) Full Refund Election.--Subject to subsections (d), (e), and (f) and notwithstanding any other provision of this part, any manufacturer or importer shall have the right to demand and receive from the Board a one-time refund of all assessments collected under section 4312 from such manufacturer or importer during the period referred to in subsection (a) if such manufacturer or importer--

   Inserted: (1) is responsible for paying such assessment; and

   Inserted: (2) does not support the program established under this part.

   Inserted: (d) Procedure.--Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board.

   Inserted: (e) Proof.--Such refund shall be made on submission of proof satisfactory to the Board that the manufacturer or importer--

   Inserted: (1) paid the assessment for which refund is sought; and

   Inserted: (2) did not collect such assessment from another manufacturer or importer.

   Inserted: (f) Distribution.--If the amount in the escrow account required to be established by subsection (a) is not sufficient to refund the total amount of assessments demanded by all eligible persons under this section, and the continuation of an order is approved pursuant to the referendum required under section 4314(b), the Board shall--

   Inserted: (1) continue to place in such account, from assessments collected under section 4312, the amount required under subsection (b), until such time as the Board is able to comply with paragraph (2); and

   Inserted: (2) provide to all eligible persons the total amount of assessments demanded by all eligible persons under this section.

   Inserted: If the continuation of an order is not approved pursuant to the referendum required under section 4314(b), the Board shall prorate the amount of such refunds among all eligible persons who demand such refund.

   Inserted: SEC. 4316. ENFORCEMENT.

   Inserted: (a) In General.--If the Secretary believes that the administration and enforcement of this part or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may--

   Inserted: (1) issue an order to restrain or prevent a person from violating an order; and

   Inserted: (2) assess a civil penalty of not more than $25,000 for violation of such order.

   Inserted: (b) Jurisdiction.--The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this part.

   Inserted: (c) Attorney General.--A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.

   Inserted: SEC. 4317. INVESTIGATIONS.

   Inserted: The Secretary may make such investigations as the Secretary deems necessary for the effective administration of this part or to determine whether any person subject to this part has engaged or is about to engage in any act that constitutes or will constitute a violation of this part, the order, or any rule or regulation issued under this part.

   Inserted: SEC. 4318. ADMINISTRATIVE PROVISION.

   Inserted: The provisions of this part applicable to the order shall be applicable to amendments to the order.

   Inserted: Amend the table of contents accordingly.

   Original wording

   At the end of subtitle D of title IV, add the following new part:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed