Sec. 103. Clean Energy Deployment Administration
1,780 words·~8 min read·
/bill/116/hr/7516/ih/section-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established in the Department of Energy an administration, to be known as the Clean Energy Deployment Administration. There shall be at the head of the Administration an Administrator and a Board of Directors, who shall be appointed by the President with the advice and consent of the Senate. The Administration (including officers, employees, and agents of the Administration) shall not be responsible to, or subject to the authority, direction, or control of, any other officer, employee, or agent of the Department of Energy other than the Secretary, acting through the Administrator.
The Administration shall be exempt from the reorganization authority provided under section 643 of the Department of Energy Organization Act ( 42 U.S.C. 7253 ). Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— in paragraph (1), by inserting the Administrator of the Clean Energy Deployment Administration; after Export-Import Bank; ; and in paragraph (2), by inserting the Clean Energy Deployment Administration, after Export-Import Bank, . The Administration shall— maintain the principal office of the Administration in the District of Columbia; and for purposes of venue in civil actions, be considered to be a resident of the District of Columbia.
The Administration may establish other offices in such other places as the Administration considers necessary or appropriate for the conduct of the business of the Administration. The Administrator shall be— appointed by the President, with the advice and consent of the Senate, for a 5-year term; and compensated at the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5313 of title 5, United States Code. The Administrator shall— serve as— the Chief Executive Officer of the Administration; and the Chairman of the Board of Directors; consult with the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the heads of other agencies as appropriate, in carrying out the duties described in this paragraph; ensure that— the Administration operates in a safe and sound manner, including maintenance of adequate capital and internal controls (consistent with section 404 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7262 )); the operations and activities of the Administration foster liquid, efficient, competitive, and resilient energy and energy efficiency finance markets; the Administration carries out this subtitle only through activities that are authorized under and consistent with this subtitle; and the activities of the Administration and the manner in which the Administration is operated are consistent with the public interest; develop policies and procedures for the Administration that will— promote a self-sustaining portfolio of investments that will maximize the value of investments to effectively promote clean energy technologies; promote transparency and openness in Administration operations; afford the Administration with sufficient flexibility to carry out this subtitle; provide for the efficient processing of applications; promote the participation of private financial institutions and other sources of private capital in investments, on commercially reasonable terms, if and to the extent the capital is available; and promote the availability of financial products to small business by working with entities that have appropriate expertise in extending credit or other relevant financial services to small businesses that are developing clean energy technologies; ensure, to the maximum extent practicable and to the extent of available resources, that on the request of any energy transition community or Indian Tribe, such energy transition community or Indian Tribe shall have available scientific and technical information and expertise for use in the regulation, development, and management of clean energy technologies, either— directly, acting through Federal officials within the Administration; or indirectly, by providing financial assistance to an energy transition community or an Indian Tribe to secure independent assistance in the regulation, development, and management of clean energy technologies; and with the concurrence of the Board of Directors, establish expected loss reserves for the support provided by the Administration consistent with section 104(a).
The Board of Directors of the Administration shall consist of— the Secretary or the designee of the Secretary, who shall serve as an ex-officio voting member of the Board of Directors; the Administrator, who shall serve as the Chairman of the Board of Directors; and 7 additional members who shall— be appointed by the President, with the advice and consent of the Senate, for staggered 5-year terms; and have experience in banking or financial services relevant to the operations of the Administration, including individuals with substantial experience in the development of energy projects, the electricity generation sector, the transportation sector, the manufacturing sector, and the energy efficiency sector.
The Board of Directors shall— oversee the operations of the Administration and ensure industry best practices are followed in all financial transactions involving the Administration; consult with the Administrator on the general policies and procedures of the Administration to ensure that the interests of the taxpayers are protected; ensure that the portfolio of investments of the Administration are consistent with this subtitle and with the long-term financial stability of the Administration; ensure that the operations and activities of the Administration are consistent with the development of a robust private sector that can provide commercial loans or financing products for clean energy technologies; and not serve on a full-time basis, except that the Board of Directors shall meet at least quarterly to review, as appropriate, applications for credit support and set policies and procedures as necessary.
An appointed member of the Board of Directors may be removed from office by the President for good cause. An appointed seat on the Board of Directors that becomes vacant shall be filled by appointment by the President, but only for the unexpired portion of the term of the vacating member. An appointed member of the Board of Directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board of Directors.
The Administration shall have an Energy Technology Advisory Council consisting of— 6 members selected by the Secretary; and 3 members selected by the Board of Directors of the Administration. The members of the Advisory Council shall— have relevant scientific expertise; and in the case of the members selected by the Secretary under paragraph (1)(A), include representatives of— the academic community; the private research community; National Laboratories; the technology or project development community; the commercial energy financing and operations sector; and the electric generation sector, including at least one person who is knowledgeable of the electric cooperative sector.
The Advisory Council shall provide advice to the Administration regarding the technological approaches that should be supported by the Administration to meet the goals developed by the Secretary under section 102. The Advisory Council shall develop and publish for comment in the Federal Register a methodology for the assessment of clean energy technologies. Such methodology shall— allow the Administration to evaluate projects based on the progress likely to be achieved per-dollar invested in clean energy technology; and take into account the extent to which support for a clean energy technology is likely to accrue benefits that are attributable to commercial-scale deployment taking place earlier than that which otherwise would have occurred without the support.
Members of the Advisory Council shall have 5-year staggered terms, as determined by the Secretary and the Administrator. A member of the Advisory Council may be reappointed. A member of the Advisory Council, who is not otherwise compensated as a Federal employee, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Council.
The Administrator, in consultation with the Board of Directors, may— appoint and terminate such officers, attorneys, employees, and agents as are necessary to carry out this subtitle; and vest those personnel with such powers and duties as the Administrator determines to be necessary. Notwithstanding section 3304 and sections 3309 through 3318 of title 5, United States Code, the Administrator may, on a determination that there is a severe shortage of candidates or a critical hiring need for particular positions, recruit and directly appoint highly qualified critical personnel with specialized knowledge important to the function of the Administration into the competitive service.
The authority granted under subparagraph
(A)shall not apply to positions in the excepted service or the Senior Executive Service. In exercising the authority granted under subparagraph (A), the Administrator shall ensure that any action taken by the Administrator— is consistent with the merit principles of section 2301 of title 5, United States Code; and complies with the public notice requirements of section 3327 of title 5, United States Code. The authority provided by this paragraph terminates effective on the date that is 3 years after the date of enactment of this Act. Notwithstanding section 5377 of title 5, United States Code, and without regard to the provisions of that title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 of that title (relating to classification and pay rates), the Administrator may establish, fix the compensation of, and appoint individuals to critical positions needed to carry out the functions of the Administration, if the Administrator certifies that— the positions require expertise of an extremely high level in a financial, technical, or scientific field; the Administration would not successfully accomplish an important mission without such an individual; and exercise of the authority is necessary to recruit an individual who is exceptionally well qualified for the position. The authority granted under subparagraph
(A)shall be subject to the following conditions: The number of critical positions authorized by subparagraph
(A)may not exceed 20 at any given time in the Administration. The term of an appointment under subparagraph
(A)may not exceed 4 years. An individual appointed under subparagraph
(A)may not have been an Administration employee at any time during the 2-year period preceding the date of appointment. Total annual compensation for any individual appointed under subparagraph
(A)may not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code. An individual appointed under subparagraph
(A)may not be considered to be an employee for purposes of subchapter II of chapter 75 of title 5, United States Code. Each year, the Administrator shall submit to Congress a notification that lists each individual appointed under this paragraph.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources