S.Amdt. 4267

1. Adds Sec. 4__. (a) Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- on page 30, between lines 6 and 7

   Adds a sectionPrinted page

   Inserted: Sec. 4__. (a) Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended--

   Inserted: (1) by striking subsection (b) and inserting the following:

   Inserted: "(b) Specific Appropriation or Contribution.--

   Inserted: "(1) In general.--No guarantee shall be made unless--

   Inserted: "(A) an appropriation for the cost of the guarantee has been made;

   Inserted: "(B) the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or

   Inserted: "(C) a combination of appropriations under subparagraph (A) or payments from the borrower under subparagraph (B) has been made that is sufficient to cover the cost of the guarantee.

   Inserted: "(2) Limitation.--The source of payments received from a borrower under subparagraph (B) or (C) of paragraph (1) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government."; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(l) Credit Report.--If, in the opinion of the Secretary, a third-party credit rating of the applicant or project is not relevant to the determination of the credit risk of a project, if the project costs are not projected to exceed $100,000,000, and the applicant agrees to accept the credit rating assigned to the applicant by the Secretary, the Secretary may waive any otherwise applicable requirement (including any requirement described in part 609 of title 10, Code of Federal Regulations) to provide a third-party credit report.

   Inserted: "(m) Direct Hire Authority.--

   Inserted: "(1) In general.--Notwithstanding sections 3304 and sections 3309 through 3318 of title 5, United States Code, the head of the loan guarantee program under this title (referred to in this subsection as the 'Executive Director') may, on a determination that there is a severe shortage of candidates or a severe hiring need for particular positions to carry out the functions of this title, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the programs under this title into the competitive service.

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   Inserted: "(2) Exception.--The authority granted under paragraph (1) shall not apply to positions in the excepted service or the Senior Executive Service.

   Inserted: "(3) Requirements.--In exercising the authority granted under paragraph (1), the Executive Director shall ensure that any action taken by the Executive Director--

   Inserted: "(A) is consistent with the merit principles of section 2301 of title 5, United States Code; and

   Inserted: "(B) complies with the public notice requirements of section 3327 of title 5, United States Code.

   Inserted: "(4) Sunset.--The authority provided under paragraph (1) shall terminate on September 30, 2011.

   Inserted: "(n) Professional Advisors.--The Secretary may--

   Inserted: "(1) retain agents and legal and other professional advisors in connection with guarantees and related activities authorized under this title;

   Inserted: "(2) require applicants for and recipients of loan guarantees to pay all fees and expenses of the agents and advisors; and

   Inserted: "(3) notwithstanding any other provision of law, select such advisors in such manner and using such procedures as the Secretary determines to be appropriate to protect the interests of the United States and achieve the purposes of this title.

   Inserted: "(o) Multiple Sites.--Notwithstanding any contrary requirement (including any provision under part 609.12 of title 10, Code of Federal Regulations) an eligible project may be located on 2 or more non-contiguous sites in the United States.".

   Inserted: (b) Section 1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--

   Inserted: (1) by redesignating subsection (e) as subsection (f); and

   Inserted: (2) by inserting after subsection (d) the following:

   Inserted: "(e) Multiple Applications.--Notwithstanding any contrary requirement (including any provision under part 609.3(a) of title 10, Code of Federal Regulations), a project applicant or sponsor of an eligible project may submit an application for more than 1 eligible project under this section.".

   Inserted: (c) Section 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended by adding at the end the following:

   Inserted: "(4) Energy efficiency projects, including projects to retrofit residential, commercial, and industrial buildings, facilities, and equipment.".

   Inserted: (d) Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--

   Inserted: (1) by striking subsection (f) and inserting the following:

   Inserted: "(f) Fees.--Except as otherwise permitted under subsection (i), administrative costs shall be not more than $100,000 or 10 basis points of the loan.";

   Inserted: (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and

   Inserted: (3) by inserting after subsection (h) the end the following:

   Inserted: "(i) Professional Advisors.--The Secretary may--

   Inserted: "(1) retain agents and legal and other professional advisors in connection with guarantees and related activities authorized under this section;

   Inserted: "(2) require applicants for and recipients of loan guarantees to pay directly, or through the payment of fees to the Secretary, all fees and expenses of the agents and advisors; and

   Inserted: "(3) notwithstanding any other provision of law, select such advisors in such manner and using such procedures as the Secretary determines to be appropriate to protect the interests of the United States and achieve the purposes of this section.".

   Original wording

   On page 30, between lines 6 and 7, insert the following:

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As printed