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[House Report 111-475]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-475

======================================================================

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5019) TO PROVIDE FOR THE 
 ESTABLISHMENT OF THE HOME STAR RETROFIT REBATE PROGRAM, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 May 5, 2010.--Referred to the House Calendar and ordered to be printed

                                _______
                                

               Ms. Matsui, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1329]

    The Committee on Rules, having had under consideration 
House Resolution 1329, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5019, the 
``Home Star Energy Retrofit Act of 2010,'' under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
in the nature of a substitute recommended by the Committee on 
Energy and Commerce shall be considered as an original bill for 
the purpose of amendment and shall be considered as read. The 
resolution waives all points of order against the amendment in 
the nature of a substitute except for clause 10 of rule XXI. 
This waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure).
    The resolution further makes in order only those amendments 
printed in this report. The amendments made in order may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question. All 
points of order against the amendments are waived except those 
arising under clause 9 or 10 of rule XXI. The resolution 
provides one motion to recommit with or without instructions.
    The resolution provides that the Chair may entertain a 
motion that the Committee rise only if offered by the chair of 
the Committee on Energy and Commerce or a designee. Finally, 
the resolution provides that the Chair may not entertain a 
motion to strike out the enacting words of the bill.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill (except those arising under clause 9 
or 10 of rule XXI), the Committee is not aware of any points of 
order. The waiver of all points of order is prophylactic.
    The waiver of all points of order against the committee 
amendment in the nature of a substitute (except those arising 
under clause 10 of rule XXI) includes waivers of: (1) clause 
5(a) of rule XXI (tax provisions not reported by the Committee 
on Ways and Means), and (2) clause 7 of rule XVI (germaneness).

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 411

    Date: May 5, 2010.
    Measure: H.R. 5019.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Barton (TX), #25, which would 
redirect rebates issued by the Department of Energy to 
consumers instead of contractors.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay; 
Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.

Rules Committee record vote No. 412

    Date: May 05, 2010.
    Measure: H.R. 5019.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Reichert (WA) and Rep. Lee 
(NY) and Rep. Davis (KY), #40, which would substitute for the 
text of the bill the text of H.R. 4226, the Expanding Building 
Efficiency Incentives Act.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay; 
Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.

Rules Committee record vote No. 413

    Date: May 5, 2010.
    Measure: H.R. 5019.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bachmann (MN), #32, which 
would prohibit a Federal or State administrator of the Home 
Star program from having any financial interest in any product 
such administrator approves for rebates under the program.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Perlmutter--Nay; Pingree--Nay; 
Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--
Nay.

Rules Committee record vote No. 414

    Date: May 5, 2010.
    Measure: H.R. 5019.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Latta (OH), #23, which would 
suspend the provisions in the bill if the bill adds to the 
deficit.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 415

    Date: May 5, 2010.
    Measure: H.R. 5019.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for the following amendments to be separately debatable 
for 10 minutes each: (1) an amendment by Rep. Herseth Sandlin 
(SD), #42, which would require that alternative accreditation 
standards approved by the Secretary of Energy include online 
and correspondence training; and (2) an amendment by Rep. 
Herseth Sandlin (SD), #43, which would modify the definition of 
``accredited contractor'' to allow qualified contractors who 
have been certified through one of the workforce programs in 
section 2(4) of the bill to be eligible to perform the 
efficiency work under the Gold Star program.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

Rules Committee record vote No. 416

    Date: May 5, 2010.
    Measure: H.R. 5019.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bachmann (MN), #31, which 
would prohibit funds from being available until the Homeland 
Security Secretary certifies to Congress that all members of a 
certified workforce are verified under a basic pilot program in 
section 401 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996. No funds would be available to 
enter into a contract with a person, employer, or other entity 
that does not participate in the program.
    Results: Defeated 3-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Perlmutter--Nay; 
Pingree--Nay; Polis--Nay; Dreier--Yea; Sessions--Yea; Foxx--
Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Waxman (CA): Would clarify that the rebate processing 
system will include information about quality assurance field 
inspections and Home Star loans related to any given home for 
which rebates were sought. Would allow a State to have 
confidential access to information concerning Home Star work 
performed in that State. Would provide for expedited appeals by 
contractors of determinations by quality assurance providers 
and dispute resolution. Would strike contracting and consultant 
hiring provisions in light of current law. Would clarify that 
Secretary is to conduct financial assistance program as well as 
quality assurance program in States where State declines to do 
so. Would allow a homeowner who has undertaken Silver Star 
measures for rebates to upgrade to Gold Star process, but 
solely for incremental improvements and with rebates capped at 
Gold Star maximum amount. Would promote coordination between 
Home Star and existing state energy efficiency programs. Would 
add separate categories and rebate amounts for highest-
efficiency air conditioners and gas furnaces. Would provide a 
one-year deadline for homeowners to bring complaint related to 
completed Home Star project. Would strike Ways and Means 
jurisdictional provisions. Would clarify processes for 
determining and allocating State funds between State 
administrative functions and State financing support. Would 
clarify use of loan funds by striking paragraph on offering 
debt instruments to eligible participants. Would clarify that 
financing funds not loaned by States as of the sunset of 
program must be returned to the U.S. Treasury. Would strike 
unnecessary references to other federal programs in 
manufactured home rebate program. Would encourage States to 
engage community colleges in energy retrofit initiatives by 
incorporating colleges' educational and worker training 
infrastructure into the quality assurance framework. Would 
expand eligibility for a $50 rebate in the bill to cover 
replacement and new storm windows and doors on all homes, 
regardless of their age. Would direct the Administrator of the 
EPA to develop a public education campaign to ensure outreach 
to seniors to describe the benefits of the programs and would 
promote lending to senior citizens living in older homes or 
living on fixed incomes. Would require that rebate aggregators 
and data storage be housed wholly within the United States, to 
the extent consistent with the international obligations of the 
United States. Would allow the Secretary to provide up to 0.2 
percent of Gold Star funding for need-based scholarships to 
individuals to enable them to qualify as accredited 
contractors. Would expand the public information campaign 
established in the bill to require the Administrator of the EPA 
to coordinate with the Secretary of Veterans Affairs on how to 
implement an outreach strategy to veterans and veteran service 
organizations about the retrofit rebate programs in the bill. 
Would require the Secretary to approve or deny alternative 
standards for accreditation not later than 30 days after such 
standards are submitted. Would explicitly state that insulated 
vinyl siding qualifies for the Gold Star Home Energy Retrofit 
Program. Would direct the Secretary to create two separate 
telephone hotline numbers: one for contractors and another one 
for homeowners. The hotlines would be available as a resource 
to ask questions about the Home Star program. Would also direct 
the Secretary to determine the feasibility and efficiency of 
establishing an online chat function for the website 
established for the Home Star program. Would modify the 
definition of ``electric utility'' in the bill to include 
entities engaged in selling electricity at wholesale, instead 
of including in the definition only those engaged in retail 
sales. Would provide for a study by the Secretary of Energy, in 
conjunction with the Secretary of Health and Human Services, to 
examine the effects of energy efficiency measures on noise 
reduction. Would add veteran-owned small businesses to the 
types of businesses that States should recruit when developing 
a quality assurance framework. Would allow owners of pre-1976 
mobile homes to use rebates to purchase new Energy Star modular 
homes, in addition to new energy star manufactured homes. Would 
address windows at altitudes of over 5,000 feet. Would require 
the public information campaign to include information 
regarding financing options available to consumers and 
qualified financing entities under the Home Star Loan Program. 
(20 minutes)
    2. Barton (TX): Would strike the provision that permits 
financing entities to use funds repaid by participants to 
provide assistance to additional participants. (10 minutes)
    3. Nye (VA): Would add Armed Forces exchange services as 
qualified rebate aggregators. (10 minutes)
    4. Burgess (TX): Would strike the public information 
campaign (section 109) from the bill and strike the campaign's 
$12 million authorization. (10 minutes)
    5. Deutch (FL): Would require the Secretary to ensure that 
a home in a disaster area is not denied assistance under the 
Home Star program solely because there is no equipment or 
system to replace due to the disaster. (10 minutes)
    6. Flake, Jeff (AZ): Would prohibit any of the funds 
authorized in the bill from being used for a Congressional 
earmark. (10 minutes)
    7. Garrett (NJ): Would require a GAO study of how much 
money and energy has been saved by American consumers as a 
result of the increased energy efficiency measures undertaken 
in title I of the bill (the Silver Star and Gold Star 
programs), and whether the savings are greater than the cost of 
the implementation of title I of the bill. (10 minutes)
    8. Bachmann (MN): Would require the Department of Energy's 
Inspector General to submit a report to Congress identifying 
incidents of waste, fraud and abuse associated with the 
programs created by the bill. Would require the report to 
include recommendations to prevent additional waste, fraud and 
abuse. (10 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

1. An Amendment To Be Offered by Representative Waxman of California or 
                 His Designee, Debatable for 20 Minutes

  Page 3, lines 12 through 14, strike ``under other standards 
approved by the Secretary, in consultation with the 
Administrator'' and insert ``under other standards that the 
Secretary shall approve or deny not later than 30 days after 
submittal, in consultation with the Administrator''.
  Page 4, lines 21 through 23, strike ``other standards 
approved by the Secretary, in consultation with the Secretary 
of Labor and the Administrator'' and insert ``other standards 
that the Secretary shall approve or deny not later than 30 days 
after submittal, in consultation with the Secretary of Labor 
and the Administrator''.
  Page 5, line 8, insert ``or wholesale'' after ``retail''.
  Page 6, line 6, strike ``111'' and insert ``110''.
  Page 8, lines 11 through 13, strike ``any other entity 
designated for such purpose by the Secretary, in consultation 
with the Administrator'' and insert ``any other entity that is 
accredited under standards that the Secretary shall approve or 
deny not later than 30 days after submittal, in consultation 
with the Administrator''.
  Page 10, lines 5 through 9, amend subparagraph (A) to read as 
follows:
                  (A) establish a Federal Rebate Processing 
                System which shall serve as a database and 
                information technology system to allow--
                          (i) rebate aggregators to submit 
                        claims for reimbursement using standard 
                        data protocols;
                          (ii) quality assurance reports to be 
                        identified with the work for which 
                        rebates are claimed; and
                          (iii) any Home Star loans to be 
                        linked to the work for which they are 
                        made;
  Page 10, line 15, strike ``and''.
  Page 10, line 16, redesignate subparagraph (C) as 
subparagraph (D).
  Page 10, after line 15, insert the following new 
subparagraph:
                  (C) establish a means by which a State may 
                obtain confidential access to records of work 
                performed in that State from the database; and
  Page 11, lines 1 through 3, strike ``executes a Home'' and 
all that follows through ``affirming'' and insert ``affirms, in 
each Home Star rebate application submitted to a rebate 
aggregator,''.
  Page 12, lines 8 and 12, redesignate paragraphs (6) and (7) 
as paragraphs (7) and (8), respectively.
  Page 12, after line 7, insert the following new paragraph:
          (6) agreeing to cooperate with and comply with the 
        requirements of the quality assurance provider assigned 
        to inspect any work done, subject to any appeals or 
        dispute resolution process described in section 
        105(b)(4);
  Page 12, line 16, strike ``112'' and insert ``111''.
  Page 13, strike lines 1 through 3, and insert ``the Secretary 
may appoint and set basic rates of pay for such professional 
and administrative personnel as the Secretary considers 
necessary to carry out this title. Such authority shall not 
apply to positions in the Senior Executive Service. The number 
of personnel appointed under this paragraph shall not exceed 30 
full-time equivalent employees. The terms of appointment of all 
personnel appointed under this paragraph shall expire upon the 
termination of the programs established under this title.''.
  Page 13, lines 4 through 8, amend paragraph (2) to read as 
follows:
          (2) Rate of pay.--The basic rate of pay for a person 
        appointed under paragraph (1) shall not exceed the 
        maximum rate of basic pay payable for GS-15 of the 
        General Schedule under section 5332 of title 5, United 
        States Code.
  Page 13, lines 9 through 21, strike paragraphs (3) and (4) 
(and redesignate the subsequent paragraphs accordingly).
  Page 16, strike lines 8 through 10 and insert the following:
          (5) Effective period.--(A) Paragraph (1) shall be 
        effective only until December 31, 2010, except with 
        respect to personnel appointed to support the quality 
        assurance and enforcement of the programs established 
        under this title, for which appointments may be made 
        under paragraph (1) until the termination of the 
        programs established under this title pursuant to 
        section 111(i).
          (B) Paragraphs (3) and (4) shall be effective only 
        until the date that is 2 years after the date of 
        enactment of this Act, except with respect to 
        regulations and information collection relating to the 
        quality assurance and enforcement of the programs 
        established under this title.
  Page 18, lines 1, 3, 6, and 11, strike ``section 105'' and 
insert ``section 105 or 110''.
  Page 18, line 17, insert ``unless the energy savings measures 
installed pursuant to section 103 are excluded from the 
calculations performed for purposes of section 104 and the 
total amount of rebates paid for the home does not exceed the 
maximum rebate available pursuant to section 104'' after ``the 
same home''.
  Page 19, line 7, strike ``section'' and insert ``title''.
  Page 21, after line 10, insert the following new subsections:
  (o) Information Hotlines.--
          (1) Contractors.--The Secretary shall establish and 
        publicize a telephone hotline for contractors to call 
        to obtain information about the programs under this 
        Act.
          (2) Homeowners.--The Secretary shall establish and 
        publicize a telephone hotline for homeowners to call to 
        obtain information about the programs under this Act.
  (p) Online Chat Function.--The Secretary shall determine the 
feasibility and effectiveness of establishing an online chat 
function through the website established for the Home Star 
Retrofit Rebate Program, and may establish such a function as 
appropriate.
  Page 21, line 20, insert ``, in one or more particular 
States,'' after ``any rebate aggregator''.
  Page 21, line 21, insert ``The Secretary shall consult with 
States operating existing residential energy efficiency and 
retrofit programs on how best to coordinate the Home Star 
Retrofit Rebate Program with such existing programs, including 
the designation of rebate aggregators.'' after ``competent 
manner.''.
  Page 21, line 22, strike ``30 days'' and insert ``60 days''.
  Page 21, strike lines 24 and 25, and insert ``a sufficient 
number of rebate aggregators in each State to ensure that 
rebate applications can be accepted from all qualified 
contractors.''.
  Page 22, line 10, insert ``not later than 10 days after 
receipt of a complete rebate application,'' after ``(3)''.
  Page 22, line 14, strike ``30'' and insert ``10''.
  Page 23, line 22 strike ``and''.
  Page 23, line 25, strike ``would not disrupt'' and insert 
``would facilitate coordination with, and not disrupt,''.
  Page 24, line 3, insert ``and'' after the semicolon.
  Page 24, after line 3, insert the following new clause:
                          (iv) whose operational facilities, 
                        employees, electronic recordkeeping 
                        hardware and facilities, and 
                        conventional records used to carry out 
                        the responsibilities of a rebate 
                        aggregator are located wholly within 
                        the United States, to the extent 
                        consistent with the international 
                        obligations of the United States.
  Page 25, line 18, insert ``and to the availability of funding 
pursuant to section 111'' after ``subsection (d)(4)''.
  Page 26, line 9, strike ``polyurethane'' and insert 
``insulating''.
  Page 26, line 25, insert ``, except that a State, with the 
approval of the Secretary, may designate climate zone 
subregions as a function of varying elevation'' after 
``structural capacity''.
  Page 27, line 6, strike ``seal or replacement'' and insert 
``sealing or replacement and sealing''.
  Page 27, line 10, strike ``, replaces'' and insert ``and 
sealing, replaces and seals''.
  Page 27, line 17, insert ``or adds at least R-10 of 
continuous insulation'' after ``thickness''.
  Page 28, lines 10 through 21 amend paragraph (6) to read as 
follows:
          (6) Window replacement that replaces at least 8 
        exterior windows, or 75 percent of the exterior windows 
        in a home, whichever is less, with windows that--
                  (A) are certified by the National 
                Fenestration Rating Council; and
                  (B) comply with criteria applicable to 
                windows under section 25(c) of the Internal 
                Revenue Code of 1986 or, in areas above 5,000 
                feet elevation, have a U-factor of at least 
                0.35 when replacing windows that are single-
                glazed or double-glazed with an internal air 
                space of \1/4\ inch or less.
  Page 28, lines 22 through 24, amend paragraph (7) to read as 
follows:
          (7) Door or skylight replacement that replaces at 
        least 1 exterior door or skylight with doors or 
        skylights that comply with the 2010 Energy Star 
        specification for doors or skylights.
  Page 29, lines 1 through 3, amend clause (i) to read as 
follows:
                  (i) a natural gas or propane furnace with a 
                furnace that has--
                          (I) an AFUE rating of 92 or greater; 
                        or
                          (II) an AFUE rating of 95 or greater;
  Page 29, line 12, through page 30, line 17, amend clause (v) 
to read as follows:
                          (v) a wood or pellet furnace, boiler, 
                        or stove, if--
                                  (I) the new system--
                                          (aa) meets at least 
                                        75 percent of the 
                                        heating demands of the 
                                        home; and
                                          (bb) in the case of a 
                                        wood stove, but not a 
                                        pellet stove, replaces 
                                        an existing wood stove, 
                                        but not a pellet stove, 
                                        and is certified by the 
                                        Administrator;
                                  (II) the home has a 
                                distribution system (such as 
                                ducts, vents, blowers, or 
                                affixed fans) that allows heat 
                                to reach all or most parts of 
                                the home;
                                  (III) in the case where an 
                                old wood stove is being 
                                replaced, a voucher is provided 
                                by the installer or other 
                                responsible party certifying 
                                that the old wood stove has 
                                been removed and rendered 
                                inoperable or recycled at an 
                                appropriate recycling facility; 
                                and
                                  (IV) an accredited 
                                independent laboratory 
                                recognized by the Administrator 
                                certifies that the new system--
                                          (aa) has thermal 
                                        efficiency (lower 
                                        heating value) of at 
                                        least 75 percent for 
                                        wood and pellet stoves, 
                                        and at least 80 percent 
                                        for furnaces and 
                                        boilers; and
                                          (bb) has particulate 
                                        emissions of less than 
                                        3.0 grams per hour for 
                                        stoves, and less than 
                                        0.32 lbs/mmBTU for 
                                        outdoor furnaces and 
                                        boilers.
  Page 30, line 23, strike ``Air'' and insert ``Air-source 
air''.
  Page 31, lines 4 and 5, amend clause (i) to read as follows:
                          (i) in the case of an air-source air 
                        conditioner--
                                  (I) SEER 16 and EER 13; or
                                  (II) SEER 18 and EER 15; and
  Page 31, line 18, strike ``or a'' and insert ``, or a natural 
gas or propane storage or tankless water heater with''.
  Page 32, lines 9 through 11, amend subparagraph (F) to read 
as follows:
                  (F) an electric tankless water heater with an 
                energy factor or thermal efficiency, as 
                applicable, of .96 or more or a thermal 
                efficiency of 96 percent or more, that operates 
                on not greater than 25 kilowatts;
  Page 32, lines 17 through 21, amend subparagraph (H) to read 
as follows:
                  (H) a water heater installed in conjunction 
                with a qualifying geothermal heat pump 
                described in paragraph (10) that provides 
                domestic water heating through the use of--
                          (i) a desuperheater; or
                          (ii) year-round demand water heating 
                        capability.
  Page 32, line 22, insert ``or doors'' after ``Storm 
windows''.
  Page 32, lines 23 through 25, strike ``single-glazed windows 
that do not have storm windows;'' and insert ``doors or 
existing single-glazed windows; and''.
  Page 33, lines 1 through 3, strike subparagraph (B).
  Page 33, line 4, redesignate subparagraph (C) as subparagraph 
(B).
  Page 33, line 5, insert ``or doors'' after ``storm windows''.
  Page 33, line 10, strike ``less'' and insert ``more''.
  Page 33, line 16, insert ``for installations'' after ``at 
least 1.1''.
  Page 34, line 18, strike ``and''.
  Page 34, line 20, strike the period and insert ``; and''.
  Page 34, after line 20, insert the following new 
subparagraph:
                  (C) an air-source air conditioner described 
                in subsection (b)(9)(B)(i)(II).
  Page 35, line 1, insert ``and per skylight'' after ``per 
door''.
  Page 35, line 2, insert ``and 2 Energy Star skylights'' after 
``Energy Star doors''.
  Page 35, line 4, strike ``$250'' and insert ``$400''.
  Page 35, lines 7 through 15, redesignate subparagraphs (C) 
through (F) as subparagraphs (D) through (G), respectively.
  Page 35, after line 6, insert the following new subparagraph:
                  (C) $750 for a water heater described in 
                subsection (b)(11)(B);
  Page 35, line 9, insert ``or door'' after ``each storm 
window''.
  Page 35, line 11, insert ``or doors'' after ``storm 
windows''.
  Page 35, line 14, strike ``and''.
  Page 35, line 16, strike the period and insert a semicolon.
  Page 35, after line 16, insert the following new 
subparagraphs:
                  (H) $750 for heating system replacement 
                described in subsection (b)(8)(A)(i)(I);
                  (I) $500 for a wood or pellet stove that has 
                a heating capacity of at least 28,000 Btu per 
                hour and meets all of the requirements of 
                subsection (b)(8)(A)(v), except for the 
                requirements of subclause (I)(aa) and subclause 
                (II); and
                  (J) $500 for a for a desuperheater as 
                described in subsection (b)(11)(H)(i).
  Page 38, line 4, strike ``A'' and insert ``Not later than 1 
year after the completion of a project for which rebates are 
sought, a''.
  Page 38, line 7, strike ``quality assurance requirements of 
this title has'' and insert ``required specifications for each 
measure or standards for installation have''.
  Page 39, line 23, insert ``as of the date of enactment of 
this Act'' after ``qualify''.
  Page 39, line 25 through page 40, line 1, strike ``, but 
with'' and all that follows through ``has been made''.
  Page 40, line 4, strike ``polyurethane'' and insert 
``insulating''.
  Page 42, line 5, insert ``and the availability of funds 
pursuant to section 111'' after ``subsection (b)''.
  Page 42, line 19, insert ``energy-efficient wood products, 
insulated vinyl siding,'' after ``temperature controllers,''.
  Page 45, line 2, strike ``metered'' and insert ``verified''.
  Page 46, line 3, strike ``conducted in'' and insert ``and 
energy savings projections conducted with respect to''.
  Page 47, line 12, strike ``A'' and insert ``Not later than 1 
year after completion of a project for which rebates are 
sought, a''.
  Page 48, lines 10 through 19, amend subparagraph (A) to read 
as follows:
                  (A) If a field verification by an independent 
                quality assurance provider finds that 
                corrective work is needed, the accredited 
                contractor will correct the work so the 
                installed measures comply with manufacturer and 
                applicable code standards, and reasonably 
                determined energy savings projections indicate 
                compliance with the specifications and quality 
                standards under this title. Such compliance 
                shall be achieved not later than 14 days after 
                the date of notification of a defect pursuant 
                to a warranty, provided at no additional cost 
                to the homeowner.
  Page 50, after line 3, insert the following new subsection:
  (g) Accreditation Scholarships.--The Secretary may provide up 
to 0.3 percent of the funding available for carrying out this 
section for need-based scholarships to individuals to enable 
them to qualify as accredited contractors. In providing such 
scholarships, the Secretary shall factor in the number of 
accredited contractors in the State and their proportion to the 
State's population.
  Page 52, line 5, strike ``minority and'' and insert 
``minority, veteran, and''.
  Page 53, after line 2, insert the following new subparagraph:
                  (F) to the extent practicable, a plan to 
                incorporate existing clean energy and energy 
                efficiency coursework, worker training 
                programs, and worker certification programs at 
                community colleges;
  Page 53, line 3, strike ``(F)'' and insert ``(G)''.
  Page 53, line 7, strike ``(G)'' and insert ``(H)''.
  Page 53, line 16, strike ``112'' and insert ``111''.
  Page 55, after line 8, insert the following new paragraph:
          (4) Appeals and dispute resolution process.--A 
        quality assurance program established under this 
        subsection shall include an expedited and final appeals 
        and dispute resolution process.
  Page 57, lines 3 through 14, strike section 107 (and 
redesignate the subsequent sections accordingly).
  Page 58, line 7, insert ``(a) In General.--'' before ``Not 
later than''.
  Page 58, line 11, strike ``and''.
  Page 58, line 16, strike the period and insert a semicolon.
  Page 58, after line 16, insert the following:
          (3) the benefits of the programs under this title for 
        senior citizens; and
          (4) financing options as needed to inform consumers 
        and qualified financing entities of the details of the 
        Home Star Energy Efficiency Loan Program under section 
        110.
The public education campaign shall not include any 
distribution of gift or promotional items without direct 
educational value.
  (b) Veterans.--The Administrator shall coordinate with the 
Secretary of Veterans Affairs on how to implement an outreach 
strategy to veterans and veteran service organizations about 
retrofit rebate programs.
  Page 60, line 2, strike ``subsection (e)(1)'' and insert 
``subsection (d)(1)''.
  Page 60, line 8, strike ``and''.
  Page 60, line 14, strike the period and insert ``; and''.
  Page 60, after line 14, insert the following new 
subparagraph:
                  (C) limited to financing the homeowners' 
                portion of a Silver Star or Gold Star project 
                undertaken pursuant to this title.
  Page 60, line 17, insert ``, subject to the availability of 
funding pursuant to section 111,'' after ``the Secretary''.
  Page 61, line 22, strike ``and''.
  Page 62, line 4, strike the period and insert ``; and''.
  Page 62, after line 4, insert the following new paragraph:
          (5) undertake particular efforts to make such loans 
        available to senior citizens living in older homes or 
        living on fixed incomes.
  Page 62, lines 5 through 16, strike subsection (d) (and 
redesignate the subsequent subsections accordingly).
  Page 63, lines 22 and 23, strike ``manner, all information 
regarding'' and insert ``manner--
                  (A) to the rebate aggregator all information 
                regarding each loan made with respect to a 
                project for which the rebate aggregator 
                accepted a rebate application; and
                  (B) information concerning''.
  Page 64, line 4, insert ``solely'' after ``may be used''.
  Page 64, line 6, strike ``to eligible participants, 
including'' and insert ``. The support for qualified loan 
program financing mechanisms may include''.
  Page 64, line 10, insert ``or'' after the semicolon.
  Page 64, line 12, strike ``; or'' and insert a period.
  Page 64, lines 13 through 18, strike paragraph (4).
  Page 64, line 20, strike ``subsection (f)(3)'' and insert 
``subsection (e)(3)''.
  Page 64, line 25, insert ``Any money that is repaid under a 
Gold Star or Silver Star loan into a State a revolving loan 
fund after a date 2 years from the date of enactment of this 
title may be retained by that State and utilized for purposes 
of providing additional loans for home energy retrofit purposes 
or to support a State home energy efficiency retrofit program. 
In the event that the Secretary is carrying out the Home Star 
Energy Efficiency Loan program in lieu of a State program, such 
repayments shall be returned to the Treasury.'' after ``with 
this section.''.
  Page 65, line 19, strike ``Subject to subsection (j), there'' 
and insert ``There''.
  Page 66, line 8 through page 68, line 2, strike paragraphs 
(1) through (3) and insert the following:
          (1) Distribution to states.--
                  (A) In general.--Except as otherwise provided 
                in this subsection, of the amount provided 
                under subsection (a), 3.6 percent is authorized 
                to be appropriated to the Secretary for 
                providing grants to States, to be used for--
                          (i) administrative costs of carrying 
                        out this title;
                          (ii) development and implementation 
                        of quality assurance frameworks;
                          (iii) oversight of quality assurance 
                        programs;
                          (iv) establishment and delivery of 
                        financing mechanisms, in accordance 
                        with paragraph (2); and
                          (v) coordination with existing 
                        residential retrofit programs and 
                        infrastructure development to assist 
                        deployment of the Home Star Retrofit 
                        Rebate Program.
                  (B) Distribution.--
                          (i) Provision of funds.--Not later 
                        than 30 days after the date of 
                        enactment of this Act, the Secretary 
                        shall provide to the State energy 
                        offices, or such other State entities 
                        as are designated by the Governor, of 
                        States that are carrying out 
                        responsibilities under section 105, 25 
                        percent of the funds described in 
                        subparagraph (A).
                          (ii) Allocation.--Funds described in 
                        clause (i) shall be made available in 
                        accordance with the allocation formula 
                        for State energy conservation plans 
                        established under part D of title III 
                        of the Energy Policy and Conservation 
                        Act (42 U.S.C. 6321 et seq.).
                          (iii) Fund allocation process.--The 
                        Secretary shall allocate the remaining 
                        75 percent of the funds described in 
                        clause (i) in a manner that may vary 
                        from the formula described in clause 
                        (ii) as necessary to best support the 
                        objectives of achieving energy 
                        efficiency gains, employment of 
                        underemployed workers, and implementing 
                        quality assurance programs and 
                        frameworks in participating States.
          (2) Financing.--
                  (A) In general.--Except as otherwise provided 
                in this subsection, of the amount provided 
                under subsection (a), 5.4 percent is authorized 
                to be appropriated to the Secretary for 
                carrying out section 110.
                  (B) Distribution.--
                          (i) Provision of funds.--Not later 
                        than 90 days after the date of 
                        enactment of this Act, the Secretary 
                        shall provide to the State energy 
                        offices, or such other State entities 
                        as are designated by the Governor, of 
                        States that are carrying out 
                        responsibilities under section 105, 75 
                        percent of the funds described in 
                        subparagraph (A).
                          (ii) Allocation.--Funds described in 
                        clause (i) shall be made available in 
                        accordance with the allocation formula 
                        for State energy conservation plans 
                        established under part D of title III 
                        of the Energy Policy and Conservation 
                        Act (42 U.S.C. 6321 et seq.).
                          (iii) Fund allocation process.--The 
                        Secretary shall allocate the remaining 
                        25 percent of the funds described in 
                        clause (i) in a manner that may vary 
                        from the formula described in clause 
                        (ii) and reward those States that make 
                        the best progress in providing loans to 
                        low-income areas pursuant to section 
                        110(c)(4).
  Page 68, lines 3 and 9, redesignate paragraphs (4) and (5) as 
paragraphs (3) and (4), respectively.
  Page 68, line 23, insert ``and Rebate Aggregation'' after 
``Quality Assurance''.
  Page 69, line 4, strike ``subsection (b)(3)(B)'' and insert 
``subsection (b)(1)(B)(ii)''.
  Page 69, line 5, insert ``and rebate aggregators'' after 
``assurance providers''.
  Page 71, line 1, strike ``(b), (d)'' and insert ``(b), (c), 
(d)''.
  Page 71, line 13, strike ``(b), (d)'' and insert ``(b), (c), 
(d)''.
  Page 72, after line 6, insert the following new paragraph:
          (3) Home star energy efficiency loan program.--If a 
        State, or the Secretary acting in lieu of a State 
        program, has not disbursed or provided in the form of 
        loans all the funds available for such loans under the 
        Home Star Energy Efficiency Loan Program by the date 
        that is 2 years after the date of enactment of this 
        title, any undisbursed funds shall be returned to the 
        Treasury.
  Page 72, line 8, strike ``107, 110, and 111'' and insert 
``109 and 110''.
  Page 72, after line 13, insert the following new section:

SEC. 113. NOISE ABATEMENT STUDY.

  Not later than 1 year after the date of enactment of this 
Act, the Secretary, in consultation with the Secretary of 
Health and Human Services, shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Energy and Commerce of the House of Representatives a study of 
the effects of the energy savings measures made as a result of 
this Act on noise abatement.
  Page 72, line 15, insert ``AND MODULAR'' after 
``MANUFACTURED''.
  Page 72, line 16, insert ``and modular'' after 
``manufactured''.
  Page 73, after line 3, insert the following new paragraphs:
          (3) Modular home.--The term ``modular home'' means a 
        structure that is--
                  (A) designed and manufactured to comply with 
                applicable national, State, and local building 
                codes and regulations;
                  (B) transportable in one or more sections;
                  (C) not constructed on a permanent chassis; 
                and
                  (D) designed to be used as a dwelling on 
                permanent foundations when connected to 
                required utilities, including the plumbing, 
                heating, air conditioning, and electrical 
                systems contained therein.
          (4) Energy star qualified modular home.--The term 
        ``Energy Star qualified modular home'' means a modular 
        home that has been designed, produced, and installed in 
        accordance with Energy Star's guidelines.
  Page 73, line 8, insert ``or new Energy Star qualified 
modular homes'' after ``manufactured homes''.
  Page 73, line 18, insert ``or new Energy Star qualified 
modular homes'' after ``manufactured homes''.
  Page 74, line 18, insert ``or Energy Star qualified modular 
home'' after ``manufactured home''.
  Page 75, line 13, insert ``or new Energy Star qualified 
modular home'' after ``manufactured home''.
  Page 75, line 18, insert ``or modular home'' after 
``manufactured home''.
  Page 76, lines 3 though 21, amend paragraph (6) to read as 
follows:
          (6) State programs.--A State agency conducting a 
        program that has the purpose of replacing manufactured 
        homes constructed prior to 1976 with Energy Star 
        qualified manufactured homes or Energy Star qualified 
        modular homes may use funds provided under this section 
        to support such a program, provided such funding does 
        not exceed the funding limitation amount under 
        paragraph (4).
                              ----------                              

2. An Amendment To Be Offered by Representative Barton of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 64, lines 19 through 25, strike subsection (g) (and 
redesignate the subsequent subsection accordingly).
                              ----------                              

3. An Amendment To Be Offered by Representative Nye of Virginia or His 
                   Designee, Debatable for 10 Minutes

  Page 23, lines 13 and 16, redesignate subparagraphs (D) and 
(E) as subparagraphs (E) and (F), respectively.
  Page 23, after line 12, insert the following new 
subparagraph:
                  (D) an Armed Forces exchange service in the 
                United States that offers for sale energy 
                savings measures described in section 103;
                              ----------                              

4. An Amendment To Be Offered by Representative Burgess of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 6, line 6, strike ``111'' and insert ``110''.
  Page 12, line 16, strike ``112'' and insert ``111''.
  Page 53, line 16, strike ``112'' and insert ``111''.
  Page 58, lines 6 through 16, strike section 109 (and 
redesignate the subsequent sections accordingly).
  Page 65, line 19, strike ``subsection (j)'' and insert 
``subsection (i)''.
  Page 67, line 3, strike ``111'' and insert ``110''.
  Page 70, lines 17 through 21, strike subsection (e) (and 
redesignate the subsequent subsections accordingly).
  Page 71, line 1, strike ``subsections (b), (d), and (e)'' and 
insert ``subsections (b) and (d)''.
  Page 71, lines 13 and 14, strike ``subsections (b), (d), and 
(e)'' and insert ``subsections (b) and (d)''.
  Page 72, line 8, strike ``, 110, and 111'' and insert ``and 
110''.
                              ----------                              

 5. An Amendment To Be Offered by Representative Deutch of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 21, after line 10, insert the following new subsection:
  (o) Disaster Areas.--The Secretary shall ensure that a home 
in an area declared affected by a major disaster declared by 
the President under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
is not denied assistance under the Home Star Retrofit Rebate 
Program solely because there is no equipment or system to 
replace due to the disaster.
                              ----------                              

6. An Amendment To Be Offered By Representative Flake of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 65, line 19, strike ``subsection (j)'' and insert 
``subsections (i) and (j)''.
  Page 72, after line 13, insert the following new subsection:
  (j) Prohibition on Earmarks.--None of the funds appropriated 
pursuant to this section may be used for a Congressional 
earmark as defined in clause 9(e) of rule XXI of the Rules of 
the House of Representatives.
  Page 78, after line 4, insert the following new paragraph:
          (3) Prohibition on earmarks.--None of the funds 
        appropriated pursuant to this subsection may be used 
        for a Congressional earmark as defined in clause 9(e) 
        of rule XXI of the Rules of the House of 
        Representatives.
                              ----------                              

 7. An Amendment To Be Offered by Representative Garrett of New Jersey 
               or His Designee, Debatable for 10 Minutes

  Page 57, after line 2, insert the following new subsection:
  (d) Comptroller General Study.--Not later than 2 years after 
the date of enactment of this Act, the Comptroller General 
shall submit to Congress a report on the results of a study 
of--
          (1) how much money can reasonably be estimated to be 
        saved by American consumers as a result of the energy 
        efficiency measures undertaken pursuant to this title;
          (2) how much energy can reasonably be estimated to be 
        saved as a result of the energy efficiency measures 
        undertaken pursuant to this title: and
          (3) whether the savings from the energy efficiency 
        measures undertaken pursuant to this title are greater 
        than the cost of the implementation of this title.
                              ----------                              

 8. An Amendment To Be Offered by Representative Bachmann of Minnesota 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

                   TITLE III--WASTE, FRAUD, AND ABUSE

SEC. 301. REPORT.

  The Department of Energy's Inspector General shall submit a 
report to Congress measuring the amount of waste, fraud, and 
abuse occurring in programs created by this Act, which shall 
include recommendations to prevent additional waste, fraud, and 
abuse. This report shall be submitted before July 1, 2012.

                                  
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