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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3177 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3177

    To provide for the establishment of a Home Star Retrofit Rebate 
                    Program, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2010

 Mr. Bingaman (for himself, Mr. Warner, and Mr. Graham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
    To provide for the establishment of a Home Star Retrofit Rebate 
                    Program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Star Energy Retrofit Act of 
2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accredited contractor.--The term ``accredited 
        contractor'' means a residential energy efficiency contractor 
        that meets the minimum applicable requirements established 
        under section 4.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) BPI.--The term ``BPI'' means the Building Performance 
        Institute.
            (4) Certified workforce.--The term ``certified workforce'' 
        means a residential energy efficiency construction workforce 
        that is entirely certified in the appropriate job skills for 
        all employees performing installation work under--
                    (A) an applicable third party skills standard 
                established by--
                            (i) the BPI;
                            (ii) the North American Technician 
                        Excellence; or
                            (iii) the Laborers' International Union of 
                        North America; or
                    (B) other standards approved by the Secretary, in 
                consultation with the Secretary of Labor and the 
                Administrator.
            (5) Conditioned space.--The term ``conditioned space'' 
        means the area of a home that is--
                    (A) intended for habitation; and
                    (B) intentionally heated or cooled.
            (6) DOE.--The term ``DOE'' means the Department of Energy.
            (7) Electric utility.--The term ``electric utility'' means 
        any person or State agency that delivers or sells electric 
        energy at retail, including nonregulated utilities and 
        utilities that are subject to State regulation and Federal 
        power marketing administrations.
            (8) EPA.--The term ``EPA'' means the Environmental 
        Protection Agency.
            (9) Federal rebate processing system.--The term ``Federal 
        Rebate Processing System'' means the Federal Rebate Processing 
        System established under section 3(b).
            (10) Gold star home energy retrofit program.--The term 
        ``Gold Star Home Energy Retrofit Program'' means the Gold Star 
        Home Energy Retrofit Program established under section 8.
            (11) Home.--The term ``home'' means a principal residential 
        dwelling unit in a building with no more than 4 dwelling units 
        that--
                    (A) is located in the United States; and
                    (B) was constructed before the date of enactment of 
                this Act.
            (12) Home star loan program.--The term ``Home Star loan 
        program'' means the Home Star energy efficiency loan program 
        established under section 15(a).
            (13) Home star retrofit rebate program.--The term ``Home 
        Star Retrofit Rebate Program'' means the Home Star Retrofit 
        Rebate Program established under section 3(a).
            (14) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (15) National home performance council.--The term 
        ``National Home Performance Council'' means the National Home 
        Performance Council, Inc.
            (16) Natural gas utility.--The term ``natural gas utility'' 
        means any person or State agency that transports, distributes, 
        or sells natural gas at retail, including nonregulated 
        utilities and utilities that are subject to State regulation.
            (17) Qualified contractor.--The term ``qualified 
        contractor'' means a residential energy efficiency contractor 
        that meets minimum applicable requirements established under 
        section 4.
            (18) Quality assurance program.--
                    (A) In general.--The term ``quality assurance 
                program'' means a program established under this Act or 
                recognized by the Secretary under this Act, to oversee 
                the delivery of home efficiency retrofit programs to 
                ensure that work is performed in accordance with 
                standards and criteria established under this Act.
                    (B) Inclusions.--For purposes of subparagraph (A), 
                delivery of retrofit programs includes delivery of 
                quality assurance reviews of rebate applications and 
                field inspections for a portion of customers receiving 
                rebates and conducted by a quality assurance provider, 
                with the consent of participating consumers and without 
                delaying rebate payments to participating contractors.
            (19) Quality assurance provider.--The term ``quality 
        assurance provider'' means any entity that meets the minimum 
        applicable requirements established under section 6.
            (20) Rebate aggregator.--The term ``rebate aggregator'' 
        means an entity that meets the requirements of section 5.
            (21) RESNET.--The term ``RESNET'' means the Residential 
        Energy Services Network, which is a nonprofit certification and 
        standard setting organization for home energy raters that 
        evaluate the energy performance of a home.
            (22) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (23) Silver star home energy retrofit program.--The term 
        ``Silver Star Home Energy Retrofit Program'' means the Silver 
        Star Home Energy Retrofit Program established under section 7.
            (24) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the United States Virgin Islands; and
                    (H) any other territory or possession of the United 
                States.

SEC. 3. HOME STAR RETROFIT REBATE PROGRAM.

    (a) In General.--The Secretary shall establish the Home Star 
Retrofit Rebate Program.
    (b) Federal Rebate Processing System.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of the Treasury and the Administrator, shall--
                    (A) establish a Federal Rebate Processing System 
                which shall serve as a database and information 
                technology system that will allow rebate aggregators to 
                submit claims for reimbursement using standard data 
                protocols;
                    (B) establish a national retrofit website that 
                provides information on the Home Star Retrofit Rebate 
                Program, including--
                            (i) how to determine whether particular 
                        efficiency measures are eligible for rebates; 
                        and
                            (ii) how to participate in the program; and
                    (C) make available, on a designated website, model 
                forms for compliance with all applicable requirements 
                of this Act, to be submitted by--
                            (i) each qualified contractor on completion 
                        of an eligible home energy retrofit; and
                            (ii) each quality assurance provider on 
                        completion of field verification.
            (2) Model forms.--In carrying out this section, the 
        Secretary shall consider the model forms developed by the 
        National Home Performance Council.
    (c) Public Information Campaign.--Not later than 60 days after the 
date of enactment of this Act, the Administrator shall develop and 
implement a public education campaign that describes, at a minimum--
            (1) the benefits of home energy retrofits;
            (2) the availability of rebates for--
                    (A) the installation of qualifying efficiency 
                measures; and
                    (B) whole home efficiency improvements; and
            (3) the requirements for qualified contractors and 
        accredited contractors.

SEC. 4. CONTRACTORS.

    (a) Contractor Qualifications for Silver Star Home Energy Retrofit 
Program.--A contractor may perform retrofit work under the Silver Star 
Home Energy Retrofit Program in a State for which rebates are provided 
under this Act only if the contractor meets or provides--
            (1) all applicable contractor licensing requirements 
        established by the State or, if none exist at the State level, 
        the Secretary;
            (2) insurance coverage of at least $1,000,000 for general 
        liability, and for such other purposes and in such other 
        amounts as required by the State;
            (3) warranties to homeowners that completed work will--
                    (A) be free of significant defects;
                    (B) be installed in accordance with the 
                specifications of the manufacturer; and
                    (C) perform properly for a period of at least 1 
                year after the date of completion of the work;
            (4) an agreement to provide the owner of a home, through a 
        discount, the full economic value of all rebates received under 
        this Act with respect to the home; and
            (5) an agreement to provide the homeowner, before a 
        contract is executed between the contractor and a homeowner 
        covering the eligible work, a notice of--
                    (A) the rebate amount the contractor intends to 
                apply for with respect to eligible work under this Act; 
                and
                    (B) the means by which the rebate will be passed 
                through as a discount to the homeowner.
    (b) Contractor Qualifications for Gold Star Home Energy Retrofit 
Program.--A contractor may perform retrofit work under the Gold Star 
Home Energy Retrofit Program in a State for which rebates are provided 
under this Act only if the contractor--
            (1) meets the requirements for qualified contractors under 
        subsection (a); and
            (2) is accredited--
                    (A) by the BPI; or
                    (B) under other standards approved by the 
                Secretary, in consultation with the Administrator.

SEC. 5. REBATE AGGREGATORS.

    (a) In General.--The Secretary shall develop a network of rebate 
aggregators that can facilitate the delivery of rebates to 
participating contractors by--
            (1) reviewing the proposed rebate application for 
        completeness and accuracy;
            (2) reviewing measures for eligibility in accordance with 
        this Act;
            (3) providing data to the Federal Data Processing Center 
        consistent with data protocols established by the Secretary; 
        and
            (4) as soon as practicable but not later than 30 days after 
        the date of receipt, distributing funds received from DOE to 
        contractors, vendors, or other persons who have been approved 
        for rebates by a quality assurance provider, if funding to 
        contractors, vendors, or other persons is required by the 
        Secretary.
    (b) Eligibility.--To be eligible to apply to the Secretary for 
approval as a rebate aggregator, an entity shall be--
            (1) a Home Performance with Energy Star partner;
            (2) an entity administering a residential energy efficiency 
        retrofit program established or approved by a State;
            (3) a Federal Power Marketing Administration, an electric 
        utility, or a natural gas utility that has--
                    (A) an approved residential energy efficiency 
                retrofit program; and
                    (B) an established quality assurance provider 
                network; or
            (4) an entity that demonstrates to the Secretary that the 
        entity can perform the functions of an rebate aggregator, 
        without disrupting existing residential retrofits in the States 
        that are incorporating the Home Star Program, including 
        demonstration of--
                    (A) corporate status or status as a State or local 
                government;
                    (B) the capability to provide electronic data to 
                the Federal Rebate Processing System;
                    (C) a financial system that is capable of tracking 
                the distribution of rebates to participating 
                contractors; and
                    (D) coordination and cooperation by the entity with 
                the appropriate State energy office regarding 
                participation in the existing energy efficiency 
                programs that will be delivering the Home Star Program.
    (c) Public Utility Commission Efficiency Targets.--The Secretary 
shall--
            (1) develop guidelines for States to use to allow utilities 
        participating as rebate aggregators to count the energy savings 
        from the participation of the utilities toward State-level 
        energy savings targets; and
            (2) work with States to assist in the adoption of the 
        guidelines for the purposes and duration of the Home Star 
        Retrofit Rebate Program.

SEC. 6. QUALITY ASSURANCE PROVIDERS.

    (a) In General.--An entity shall be considered a quality assurance 
provider under this Act if the entity--
            (1) is independent of the contractor;
            (2) confirms the qualifications of contractors or 
        installers of home energy efficiency retrofits;
            (3) confirms compliance with the requirements of a 
        ``certified workforce''; and
            (4) performs field inspections and other measures required 
        to confirm the compliance of the retrofit work under the Silver 
        Star program, and the retrofit work and the simulated energy 
        savings under the Gold Star program, based on the requirements 
        of this Act.
    (b) Inclusions.--An entity shall be considered a quality assurance 
provider under this Act if the entity is qualified through--
            (1) the International Code Council;
            (2) the BPI;
            (3) the RESNET;
            (4) a State;
            (5) a State-approved residential energy efficiency retrofit 
        program; or
            (6) any other entity designated by the Secretary, in 
        consultation with the Administrator.

SEC. 7. SILVER STAR HOME ENERGY RETROFIT PROGRAM.

    (a) In General.--If the energy efficiency retrofit of a home is 
carried out after the date of enactment of this Act in accordance with 
this section, a rebate shall be awarded for the energy retrofit of a 
home for the installation of energy savings measures--
            (1) selected from the list of energy savings measures 
        described in subsection (b);
            (2) installed in the home by a qualified contractor not 
        later than 1 year after the date of enactment of this Act;
            (3) carried out in compliance with this section; and
            (4) subject to the maximum amount limitations established 
        under subsection (d)(4).
    (b) Energy Savings Measures.--Subject to subsection (c), a rebate 
shall be awarded under this section for the installation of the 
following energy savings measures for a home energy retrofit that meet 
technical standards established under this section:
            (1) Whole house air-sealing measures, in accordance with 
        BPI standards or other procedures approved by the Secretary.
            (2) Attic insulation measures that--
                    (A) include sealing of air leakage between the 
                attic and the conditioned space, in accordance with BPI 
                standards or the attic portions of the DOE or EPA 
                thermal bypass checklist or other procedures approved 
                by the Secretary;
                    (B) add at least R-19 insulation to existing 
                insulation;
                    (C) result in at least R-38 insulation in DOE 
                climate zones 1 through 4 and at least R-49 insulation 
                in DOE climate zones 5 through 8, including existing 
                insulation, within the limits of structural capacity; 
                and
                    (D) cover at least--
                            (i) 100 percent of an accessible attic; or
                            (ii) 75 percent of a total conditioned 
                        space floor area.
            (3) Duct seal or replacement that--
                    (A) is installed in accordance with BPI standards 
                or other procedures approved by the Secretary; and
                    (B) in the case of duct replacement, replaces at 
                least 50 percent of a distribution system of the home.
            (4) Wall insulation that--
                    (A) is installed in accordance with BPI standards 
                or other procedures approved by the Secretary;
                    (B) is to full-stud thickness; and
                    (C) covers at least 75 percent of the total 
                external wall area of the home.
            (5) Crawl space insulation or basement wall and rim joist 
        insulation that is installed in accordance with BPI standards 
        or other procedures approved by the Secretary--
                    (A) covers at least 500 square feet of crawl space 
                or basement wall and adds at least--
                            (i) R-19 of cavity insulation or R-15 of 
                        continuous insulation to existing crawl space 
                        insulation; or
                            (ii) R-13 of cavity insulation or R-10 of 
                        continuous insulation to basement walls; and
                    (B) fully covers the rim joist with at least R-10 
                of new continuous or R-13 of cavity insulation.
            (6) Window replacement that replaces at least 8 exterior 
        windows or skylights, or 75 percent of the exterior windows and 
        skylights in a home, whichever is less, with windows or 
        skylights that--
                    (A) are certified by the National Fenestration 
                Rating Council; and
                    (B) comply with criteria applicable to windows and 
                skylights under section 25(c) of the Internal Revenue 
                Code of 1986.
            (7) Door replacement that replaces at least 1 exterior door 
        with doors that comply with criteria applicable to doors under 
        section 25(c) of the Internal Revenue Code of 1986.
            (8)(A) Heating system replacement with--
                    (i) a natural gas or propane furnace with an AFUE 
                rating of 92 or greater;
                    (ii) a natural gas or propane boiler with an AFUE 
                rating of 90 or greater;
                    (iii) an oil furnace with an AFUE rating of 86 or 
                greater and that uses an electrically commutated blower 
                motor;
                    (iv) an oil boiler with an AFUE rating of 86 or 
                greater and that has temperature reset or thermal purge 
                controls; or
                    (v) a wood or wood pellet furnace, boiler, or 
                stove, if--
                            (I) the new system--
                                    (aa) meets at least 75 percent of 
                                the heating demands of the home;
                                    (bb) has a distribution system 
                                (such as ducts or vents) that allows 
                                heat to reach all or most parts of the 
                                home; and
                                    (cc) in the case of a wood stove, 
                                replaces an existing wood stove; and
                            (II) an independent test laboratory 
                        approved by the Secretary certifies that the 
                        new system--
                                    (aa) has thermal efficiency (with a 
                                lower heating value) of at least 75 
                                percent for stoves and 80 percent for 
                                furnaces and boilers; and
                                    (bb) has particulate emissions of 
                                less than 4.5 grams per hour for 
                                stoves.
            (B) A rebate may be provided under this section for the 
        replacement of a furnace or boiler described in clauses (i) 
        through (iv) of subparagraph (A) only if the new furnace or 
        boiler is installed in accordance with ANSI/ACCA Standard 5 QI-
        2007.
            (9) Air-conditioner or heat-pump replacement with a new 
        unit that--
                    (A) is installed in accordance with ANSI/ACCA 
                Standard 5 QI-2007; and
                    (B) meets or exceeds--
                            (i) in the case of an air-source 
                        conditioner, SEER 16 and EER 13;
                            (ii) in the case of an air-source heat 
                        pump, SEER 15, EER 12.5, and HSPF 8.5; and
                            (iii) in the case of a geothermal heat 
                        pump, Energy Star tier 2 efficiency 
                        requirements.
            (10) Replacement of or with--
                    (A) a natural gas or propane water heater with a 
                condensing storage water heater with an energy factor 
                of 0.80 or more or a thermal efficiency of 90 percent 
                or more;
                    (B) a tankless natural gas or propane water heater 
                with an energy factor of at least .82;
                    (C) a natural gas or propane storage water heater 
                with an energy factor of at least .67;
                    (D) an indirect water heater with an insulated 
                storage tank that--
                            (i) has a storage capacity of at least 30 
                        gallons and is insulated to at least R-16; and
                            (ii) is installed in conjunction with a 
                        qualifying boiler described in paragraph (7);
                    (E) an electric water heater with an energy factor 
                of 2.0 or more;
                    (F) a water heater with a solar hot water system 
                that--
                            (i) is certified by the Solar Rating and 
                        Certification Corporation; or
                            (ii) meets technical standards established 
                        by the State of Hawaii; or
                    (G) a water heater installed in conjunction with a 
                qualifying geothermal heat pump described in paragraph 
                (9) that provides domestic water heating through the 
                use of--
                            (i) year-round demand water heating 
                        capability; or
                            (ii) a desuperheater.
            (11) Storm windows that--
                    (A) are installed on a least 5 single-glazed 
                windows that do not have storm windows;
                    (B) are installed in a home listed on or eligible 
                for listing in the National Register of Historic 
                Places; and
                    (C) comply with any procedures that the Secretary 
                may establish for storm windows (including 
                installation).
    (c) Installation Costs.--Measures described in paragraphs (1) 
through (11) of subsection (b) shall include expenditures for labor and 
other installation-related costs (including venting system modification 
and condensate disposal) properly allocable to the onsite preparation, 
assembly, or original installation of the component.
    (d) Amount of Rebate.--
            (1) In general.--Except as provided in paragraphs (2) 
        through (4), the amount of a rebate provided under this section 
        shall be $1,000 per measure for the installation of energy 
        savings measures described in subsection (b).
            (2) Higher rebate amount.--Except as provided in paragraph 
        (4), the amount of a rebate provided to the owner of a home or 
        designee under this section shall be $1,500 per measure for--
                    (A) attic insulation and air sealing described in 
                subsection (b)(2);
                    (B) wall insulation described in subsection (b)(4);
                    (C) windows or skylights described in subsection 
                (b)(6);
                    (D) a heating system described in subsection 
                (b)(8); and
                    (E) an air-conditioner or heat-pump replacement 
                described in subsection (b)(9).
            (3) Lower rebate amount.--Except as provided in paragraph 
        (4), the amount of a rebate provided under this section shall 
        be--
                    (A) $125 per door for the installation of up to a 
                maximum of 2 Energy Star doors described in subsection 
                (b)(7) for each home;
                    (B) $250 for a maximum of 1 natural gas or propane 
                storage water heater described in subsection (b)(10)(C) 
                for each home;
                    (C) $250 for rim joist insulation described in 
                subsection (b)(5)(B);
                    (D) $50 for each storm window described in 
                subsection (b)(11); and
                    (E) $500 for a desuperheater described in 
                subsection (b)(10)(G)(ii).
            (4) Maximum amount.--The total amount of a rebate provided 
        to the owner of a home or designee under this section shall not 
        exceed the lower of--
                    (A) $3,000;
                    (B) the sum of the amounts per measure specified in 
                paragraphs (1) through (3);
                    (C) 50 percent of the total cost of the installed 
                measures; or
                    (D) the reduction in the price paid by the owner of 
                the home, relative to the price of the installed 
                measures in the absence of the Silver Star Home Energy 
                Retrofit Program.
    (e) Insulation Products Purchased Without Installation Services.--A 
rebate shall be awarded under this section for attic, wall, or crawl 
space insulation or air sealing product if--
            (1) the product--
                    (A) qualifies for a credit under section 25C of the 
                Internal Revenue Code of 1986 but is not the subject of 
                a claim for the credit;
                    (B) is purchased by a homeowner for installation by 
                the homeowner in a home identified by the address of 
                the homeowner;
                    (C) is identified and attributed to a specific home 
                in a submission by the vendor to a rebate aggregator; 
                and
                    (D) is not part of--
                            (i) an energy savings measure described in 
                        paragraphs (1) through (5) of subsection (b); 
                        and
                            (ii) a retrofit for which a rebate is 
                        provided under the Gold Star Home Energy 
                        Retrofit Program; or
            (2) educational material on proper installation of the 
        product is provided to the homeowner, including material on air 
        sealing while insulating.
    (f) Qualification for Rebate Under Silver Star Home Energy Retrofit 
Program.--On submission of a claim by a rebate aggregator to the system 
established under section 5, the Secretary shall provide reimbursement 
to the rebate aggregator for reduced-cost energy-efficiency measures 
installed in a home, if--
            (1) the measures undertaken for the retrofit are--
                    (A) eligible measures described on the list 
                established under subsection (b);
                    (B) installed properly in accordance with 
                applicable technical specifications; and
                    (C) installed by a qualified contractor;
            (2) the amount of the rebate does not exceed the maximum 
        amount described in subsection (d)(4);
            (3) not less than--
                    (A) 20 percent of the retrofits performed by each 
                qualified contractor under this section are randomly 
                subject to a third-party field verification of all work 
                associated with the retrofit by a quality assurance 
                provider; or
                    (B) in the case of qualified contractor that uses a 
                certified workforce, 10 percent of the retrofits 
                performed under this section are randomly subject to a 
                third-party field verification of all work associated 
                with the retrofit by a quality assurance provider; and
            (4)(A) the installed measures will be brought into 
        compliance with the specifications and quality standards for 
        the Home Star Retrofit Rebate Program, by the installing 
        qualified contractor, at no additional cost to the homeowner, 
        not later than 14 days after the date of notification of a 
        defect, if a field verification by a quality assurance provider 
        finds that corrective work is needed;
            (B) a subsequent quality assurance visit is conducted to 
        evaluate the remedy not later than 7 days after notification by 
        the contractor that the defect has been corrected; and
            (C) notification of disposition of the visit occurs not 
        later than 7 days after the date of that visit.
    (g) Homeowner Complaints.--
            (1) In general.--During the 1-year warranty period, a 
        homeowner may make a complaint under the quality assurance 
        program that compliance with the quality assurance requirements 
        of this section has not been achieved.
            (2) Verification.--
                    (A) In general.--The quality assurance program 
                shall provide that, on receiving a complaint under 
                paragraph (1), an independent quality assurance 
                provider shall conduct field verification on the 
                retrofit work performed by the contractor.
                    (B) Administration.--A verification under this 
                paragraph shall be--
                            (i) in addition to verifications conducted 
                        under subsection (f)(3); and
                            (ii) corrected in accordance with 
                        subsection (f)(4).
    (h) Audits.--
            (1) In general.--On making payment for a submission under 
        this section, the Secretary shall review rebate requests to 
        determine whether program requirements were met in all 
        respects.
            (2) Incorrect payment.--On a determination of the Secretary 
        under paragraph (1) that a payment was made incorrectly to a 
        party, the Secretary may--
                    (A) recoup the amount of the incorrect payment; or
                    (B) withhold the amount of the incorrect payment 
                from the next payment made to the party pursuant to a 
                subsequent request.

SEC. 8. GOLD STAR HOME ENERGY RETROFIT PROGRAM.

    (a) In General.--If the energy efficiency retrofit of a home is 
carried out after the date of enactment of this Act by an accredited 
contractor in accordance with this section, a rebate shall be awarded 
for retrofits that achieve whole home energy savings.
    (b) Amount of Grant.--Subject to subsection (e), the amount of a 
rebate provided to the owner of a home or a designee of the owner under 
this section shall be--
            (1) $3,000 for a 20-percent reduction in whole home energy 
        consumption; and
            (2) an additional $1,000 for each additional 5-percent 
        reduction up to the lower of--
                    (A) $8,000; or
                    (B) 50 percent of the total retrofit cost 
                (including the cost of audit and diagnostic 
                procedures).
    (c) Energy Savings.--
            (1) In general.--Reductions in whole home energy 
        consumption under this section shall be determined by a 
        comparison of the simulated energy consumption of the home 
        before and after the retrofit of the home.
            (2) Documentation.--The percent improvement in energy 
        consumption under this section shall be documented through--
                    (A)(i) the use of a whole home simulation software 
                program that has been approved as a commercial 
                alternative under the Weatherization Assistance Program 
                for Low-Income Persons established under part A of 
                title IV of the Energy Conservation and Production Act 
                (42 U.S.C. 6861 et seq.); or
                    (ii) a equivalent performance test established by 
                the Secretary, in consultation with the Administrator; 
                or
                    (B)(i) the use of a whole home simulation software 
                program that has been approved under RESNET Publication 
                No. 06-001 (or a successor publication approved by the 
                Secretary);
                    (ii) an equivalent performance test established by 
                the Secretary; or
                    (iii) a State-certified equivalent rating network, 
                as specified by IRS Notice 2008-35; or
                    (iv) a HERS rating system required by State law.
            (3) Monitoring.--The Secretary--
                    (A) shall continuously monitor the software 
                packages used for determining rebates under this 
                section; and
                    (B) may disallow the use of software programs that 
                improperly assess energy savings.
            (4) Assumptions and testing.--The Secretary may--
                    (A) establish simulation tool assumptions for the 
                establishment of the pre-retrofit energy use;
                    (B) require compliance with software performance 
                tests covering--
                            (i) mechanical system performance;
                            (ii) duct distribution system efficiency;
                            (iii) hot water performance; or
                            (iv) other measures; and
                    (C) require the simulation of pre-retrofit energy 
                usage to be bounded by metered pre-retrofit energy 
                usage.
            (5) Recommended measures.--The simulation tool shall have 
        the ability at a minimum to assess the savings associated with 
        all the measures for which incentives are specifically provided 
        under the Silver Star Home Energy Retrofit Program.
    (d) Qualification for Rebate Under Gold Star Home Energy Retrofit 
Program.--On submission of a claim by a rebate aggregator to the system 
established under section 5, the Secretary shall provide reimbursement 
to the rebate aggregator for reduced-cost whole-home retrofits, if--
            (1) the retrofit is performed by an accredited contractor;
            (2) the amount of the reimbursement is not more than the 
        amount described in subsection (b);
            (3) documentation described in subsection (c) is 
        transmitted with the claim;
            (4) a home receiving a whole-home retrofit is subject to 
        random third-party field verification by a quality assurance 
        provider in accordance with subsection (e); and
            (5)(A) the installed measures will be brought into 
        compliance with the specifications and quality standards for 
        the Home Star Retrofit Rebate Program, by the installing 
        qualified contractor, at no additional cost to the homeowner, 
        not later than 14 days after the date of notification of a 
        defect if a field verification by a quality assurance provider 
        finds that corrective work is needed;
            (B) a subsequent quality assurance visit is conducted to 
        evaluate the remedy not later than 7 days after notification by 
        the contractor that the defect has been corrected; and
            (C) notification of disposition of the visit occurs not 
        later than 7 days after the date of that visit.
    (e) Verification.--
            (1) In general.--Subject to subparagraph (2), all work 
        installed in a home receiving a whole-home retrofit by an 
        accredited contractor under this section shall be subject to 
        random third-party field verification by a quality assurance 
        provider at a rate of--
                    (A) 15 percent; or
                    (B) in the case of work performed by an accredited 
                contractor using a certified workforce, 10 percent.
            (2) Verification not required.--A home shall not be subject 
        to random third-party field verification under this section 
        if--
                    (A) a post-retrofit home energy rating is conducted 
                by an eligible certifier in accordance with--
                            (i) RESNET Publication No. 06-001 (or a 
                        successor publication approved by the 
                        Secretary);
                            (ii) a State-certified equivalent rating 
                        network, as specified in IRS Notice 2008-35; or
                            (iii) a HERS rating system required by 
                        State law;
                    (B) the eligible certifier is independent of the 
                qualified contractor or accredited contractor in 
                accordance with RESNET Publication No. 06-001 (or a 
                successor publication approved by the Secretary); and
                    (C) the rating includes field verification of 
                measures.
    (f) Homeowner Complaints.--
            (1) In general.--A homeowner may make a complaint under the 
        quality assurance program during the 1-year warranty period 
        that compliance with the quality assurance requirements of this 
        section has not been achieved.
            (2) Verification.--
                    (A) In general.--The quality assurance program 
                shall provide that, on receiving a complaint under 
                paragraph (1), an independent quality assurance 
                provider shall conduct field verification on the 
                retrofit work performed by the contractor.
                    (B) Administration.--A verification under this 
                paragraph shall be--
                            (i) in addition to verifications conducted 
                        under subsection (e)(1); and
                            (ii) corrected in accordance with 
                        subsection (e).
    (g) Audits.--
            (1) In general.--On making payment for a submission under 
        this section, the Secretary shall review rebate requests to 
        determine whether program requirements were met in all 
        respects.
            (2) Incorrect payment.--On a determination of the Secretary 
        under paragraph (1) that a payment was made incorrectly to a 
        party, the Secretary may--
                    (A) recoup the amount of the incorrect payment; or
                    (B) withhold the amount of the incorrect payment 
                from the next payment made to the party pursuant to a 
                subsequent request.

SEC. 9. GRANTS TO STATES AND INDIAN TRIBES.

    (a) In General.--A State or Indian tribe that receives a grant 
under subsection (d) shall use the grant for--
            (1) administrative costs;
            (2) oversight of quality assurance plans;
            (3) development of ongoing quality assurance framework;
            (4) establishment and delivery of financing pilots in 
        accordance with this Act;
            (5) coordination with existing residential retrofit 
        programs and infrastructure development to assist deployment of 
        the Home Star program; and
            (6) the costs of carrying out the responsibilities of the 
        State or Indian tribe under the Silver Star Home Energy 
        Retrofit Program and the Gold Star Home Energy Retrofit 
        Program.
    (b) Initial Grants.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall make the initial grants 
available under this section.
    (c) Indian Tribes.--The Secretary shall reserve an appropriate 
amount of funding to be made available to carry out this section for 
each fiscal year to make grants available to Indian tribes under this 
section.
    (d) State Allotments.--From the amounts made available to carry out 
this section for each fiscal year remaining after the reservation 
required under subsection (c), the Secretary shall make grants 
available to States in accordance with section 16.
    (e) Quality Assurance Programs.--
            (1) In general.--A State or Indian tribe may use a grant 
        made under this section to carry out a quality assurance 
        program that is--
                    (A) operated as part of a State energy conservation 
                plan established under part D of title III of the 
                Energy Policy and Conservation Act (42 U.S.C. 6321 et 
                seq.);
                    (B) managed by the office or the designee of the 
                office that is--
                            (i) responsible for the development of the 
                        plan under section 362 of that Act (42 U.S.C. 
                        6322); and
                            (ii) to the maximum extent practicable, 
                        conducting an existing energy efficiency 
                        program; and
                    (C) in the case of a grant made to an Indian tribe, 
                managed by an entity designated by the Indian tribe to 
                carry out a quality assurance program or a national 
                quality assurance program manager.
            (2) Noncompliance.--If the Secretary determines that a 
        State or Indian tribe has not provided or cannot provide 
        adequate oversight over a quality assurance program to ensure 
        compliance with this Act, the Secretary may--
                    (A) withhold further quality assurance funds from 
                the State or Indian tribe; and
                    (B) require that quality assurance providers 
                operating in the State or by the Indian tribe be 
                overseen by a national quality assurance program 
                manager selected by the Secretary.
    (f) Implementation.--A State or Indian tribe that receives a grant 
under this section may implement a quality assurance program through 
the State, the Indian tribe, or a third party designated by the State 
or Indian tribe, including--
            (1) an energy service company;
            (2) an electric utility;
            (3) a natural gas utility;
            (4) a third-party administrator designated by the State or 
        Indian tribe; or
            (5) a unit of local government.
    (g) Public-Private Partnerships.--A State or Indian tribe that 
receives a grant under this section are encouraged to form partnerships 
with utilities, energy service companies, and other entities--
            (1) to assist in marketing a program;
            (2) to facilitate consumer financing;
            (3) to assist in implementation of the Silver Star Home 
        Energy Retrofit Program and the Gold Star Home Energy Retrofit 
        Program, including installation of qualified energy retrofit 
        measures; and
            (4) to assist in implementing quality assurance programs.
    (h) Coordination of Rebate and Existing State-Sponsored Programs.--
            (1) In general.--A State or Indian tribe shall, to the 
        maximum extent practicable, prevent duplication through 
        coordination of a program authorized under this Act with--
                    (A) the Energy Star appliance rebates program 
                authorized under the American Recovery and Reinvestment 
                Act of 2009 (Public Law 111-5; 123 Stat. 115); and
                    (B) comparable programs planned or operated by 
                States, political subdivisions, electric and natural 
                gas utilities, Federal power marketing administrations, 
                and Indian tribes.
            (2) Existing programs.--In carrying out this subsection, a 
        State or Indian tribe shall--
                    (A) give priority to--
                            (i) comprehensive retrofit programs in 
                        existence on the date of enactment of this Act, 
                        including programs under the supervision of 
                        State utility regulators; and
                            (ii) using Home Star funds made available 
                        under this Act to enhance and extend existing 
                        programs; and
                    (B) seek to enhance and extend existing programs by 
                coordinating with administrators of the programs.

SEC. 10. QUALITY ASSURANCE FRAMEWORK.

    (a) In General.--Not later than 180 days after the date that the 
Secretary initially provides funds to a State under this Act, the State 
shall submit to the Secretary a plan to implement a quality assurance 
program that covers all federally assisted residential efficiency 
retrofit work administered, supervised, or sponsored by the State.
    (b) Implementation.--The State shall--
            (1) develop a quality assurance framework in consultation 
        with industry stakeholders, including representatives of 
        efficiency program managers, contractors, and environmental, 
        energy efficiency, and labor organizations; and
            (2) implement the quality assurance framework not later 
        than 1 year after the date of enactment of this Act.
    (c) Components.--The quality assurance framework established under 
this section shall include--
            (1) a requirement that contractors be prequalified in order 
        to be authorized to perform federally assisted residential 
        retrofit work;
            (2) maintenance of a list of prequalified contractors 
        authorized to perform federally assisted residential retrofit 
        work; and
            (3) minimum standards for prequalified contractors that 
        include--
                    (A) accreditation;
                    (B) legal compliance procedures;
                    (C) proper classification of employees;
                    (D) use of a certified workforce; and
                    (E) maintenance of records needed to verify 
                compliance;
            (4) targets and realistic plans for--
                    (A) the recruitment of small minority or women-
                owned business enterprises; and
                    (B) the employment of graduates of training 
                programs that primarily serve low-income populations 
                with a median income that is below 200 percent of the 
                poverty line (as defined in section 673(2) of the 
                Community Services Block Grant Act (42 U.S.C. 9902(2), 
                including any revision required by that section)) by 
                participating contractors; and
            (5) a plan to link workforce training for energy efficiency 
        retrofits with training for the broader range of skills and 
        occupations in construction or emerging clean energy 
        industries.
    (d) Noncompliance.--If the Secretary determines that a State has 
not taken the steps required under this section, the Secretary shall 
provide to the State a period of at least 90 days to comply before 
suspending the participation of the State in the program.

SEC. 11. REPORT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary 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 report on the use of funds 
under this Act.
    (b) Contents.--The report shall include a description of--
            (1) the energy savings produced as a result of this Act;
            (2) the direct and indirect employment created as a result 
        of the programs supported by the funds provided under this Act;
            (3) the specific entities implementing the energy 
        efficiency programs;
            (4) the beneficiaries who received the efficiency 
        improvements;
            (5) the manner in which funds provided under this Act were 
        used;
            (6) the sources (such as mortgage lenders, utility 
        companies, and local governments) and types of financing used 
        by the beneficiaries to finance the retrofit expenses that were 
        not covered by grants provided under this Act;
            (7) the results of verification requirements; and
            (8) any other information the Secretary considers 
        appropriate.
    (c) Noncompliance.--If the Secretary determines that a rebate 
aggregator, State, or Indian tribe has not provided the information 
required under this section, the Secretary shall provide to the rebate 
aggregator, State, or Indian tribe a period of at least 90 days to 
provide any necessary information, subject to penalties imposed by the 
Secretary for entities other than States and Indian tribes, which may 
include withholding of funds or reduction of future grant amounts.

SEC. 12. ADMINISTRATION.

    (a) In General.--Subject to section 16(b), not later than 30 days 
after the date of enactment of this Act, the Secretary shall provide 
such administrative and technical support to rebate aggregators, 
States, and Indian tribes as is necessary to carry out the functions 
designated to States under this Act.
    (b) Appointment of Personnel.--Notwithstanding the provisions of 
title 5, United States Code, governing appointments in the competitive 
service and General Schedule classifications and pay rates, the 
Secretary may appoint such professional and administrative personnel as 
the Secretary considers necessary to carry out this Act.
    (c) Rate of Pay.--The rate of pay for a person appointed under 
subsection (a) shall not exceed the maximum rate payable for GS-15 of 
the General Schedule under chapter 53 of title 5, United States Code.
    (d) Consultants.--Notwithstanding section 303 of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253), the 
Secretary may retain such consultants on a noncompetitive basis as the 
Secretary considers necessary to carry out this Act.
    (e) Contracting.--In carrying out this Act, the Secretary may waive 
all or part of any provision of the Competition in Contracting Act of 
1984 (Public Law 98-369; 98 Stat. 1175), an amendment made by that Act, 
or the Federal Acquisition Regulation on a determination that 
circumstances make compliance with the provisions contrary to the 
public interest.
    (f) Regulations.--
            (1) In general.--Notwithstanding section 553 of title 5, 
        United States Code, the Secretary may issue regulations that 
        the Secretary, in the sole discretion of the Secretary, 
        determines necessary to carry out the Home Star Retrofit Rebate 
        Program.
            (2) Deadline.--If the Secretary determines that regulations 
        described in paragraph (1) are necessary, the regulations shall 
        be issued not later than 60 days after the date of the 
        enactment of this Act.
    (g) Information Collection.--Chapter 35 of title 44, United States 
Code, shall not apply to any information collection requirement 
necessary for the implementation of the Home Star Retrofit Rebate 
Program.
    (h) Adjustment of Rebate Amounts.--Effective beginning on the date 
that is 180 days after the date of enactment of this Act, the Secretary 
may adjust the rebate amounts provided in this section based on--
            (1) the use of the Silver Star Home Energy Retrofit Program 
        and the Gold Star Home Energy Retrofit Program; and
            (2) other program data.

SEC. 13. TREATMENT OF REBATES.

    (a) In General.--For purposes of the Internal Revenue Code of 1986, 
rebates received for eligible measures under this Act--
            (1) shall not be considered taxable income to a homeowner;
            (2) shall prohibit the consumer from applying for a tax 
        credit allowed under section 25C or 25D of that Code for the 
        same eligible measures performed in the home of the homeowner; 
        and
            (3) shall be considered a credit allowed under section 25C 
        or 25D of that Code for purposes of any limitation on the 
        amount of the credit under that section.
    (b) Notice.--
            (1) In general.--A participating contractor shall provide 
        notice to a homeowner of the provisions of subsection (a) 
        before eligible work is performed in the home of the homeowner.
            (2) Notice in rebate form.--A homeowner shall be notified 
        of the provisions of subsection (a) in the appropriate rebate 
        form developed by the Secretary, in consultation with the 
        Secretary of the Treasury.
            (3) Availability of rebate form.--A participating 
        contractor shall obtain the rebate form on a designated website 
        in accordance with section 3(b)(1)(C).

SEC. 14. PENALTIES.

    (a) In General.--It shall be unlawful for any person to violate 
this title (including any regulation issued under this Act), other than 
a violation as the result of a clerical error.
    (b) Civil Penalty.--Any person who commits a violation of this Act 
shall be liable to the United States for a civil penalty in an amount 
that is not more than the higher of--
            (1) $15,000 for each violation; or
            (2) 3 times the value of any associated rebate under this 
        Act.
    (c) Administration.--The Secretary may--
            (1) assess and compromise a penalty imposed under 
        subsection (b); and
            (2) require from any entity the records and inspections 
        necessary to enforce this Act.
    (d) Fraud.--In addition to any civil penalty, any person who 
commits a fraudulent violation of this Act shall be subject to criminal 
prosecution.

SEC. 15. HOME STAR ENERGY EFFICIENCY LOAN PROGRAM.

    (a) Definitions.--In this section:
            (1) Eligible participant.--The term ``eligible 
        participant'' means a homeowner who receives financial 
        assistance from a qualified financing entity to carry out 
        energy efficiency or renewable energy improvements to an 
        existing home or other residential building of the homeowner in 
        accordance with the Gold Star Home Energy Retrofit Program or 
        the Silver Star Home Energy Retrofit Program.
            (2) Program.--The term ``program'' means the Home Star 
        Energy Efficiency Loan Program established under subsection 
        (b).
            (3) Qualified financing entity.--The term ``qualified 
        financing entity'' means a State, political subdivision of a 
        State, tribal government, electric utility, natural gas 
        utility, nonprofit or community-based organization, energy 
        service company, retailer, or any other qualified entity that--
                    (A) meets the eligibility requirements of this 
                section; and
                    (B) is designated by the Governor of a State in 
                accordance with subsection (e).
            (4) Qualified loan program mechanism.--The term ``qualified 
        loan program mechanism'' means a loan program that is--
                    (A) administered by a qualified financing entity; 
                and
                    (B) principally funded--
                            (i) by funds provided by or overseen by a 
                        State; or
                            (ii) through the energy loan program of the 
                        Federal National Mortgage Association.
    (b) Establishment.--The Secretary shall establish a Home Star 
Energy Efficiency Loan Program under which the Secretary shall make 
funds available to States to support financial assistance provided by 
qualified financing entities for making, to existing homes, energy 
efficiency improvements that qualify under the Gold Star Home Energy 
Retrofit Program or the Silver Star Home Energy Retrofit Program.
    (c) Eligibility of Qualified Financing Entities.--To be eligible to 
participate in the program, a qualified financing entity shall--
            (1) offer a financing product under which eligible 
        participants may pay over time for the cost to the eligible 
        participant (after all applicable Federal, State, local, and 
        other rebates or incentives are applied) of making improvements 
        described in subsection (b);
            (2) require all financed improvements to be performed by 
        contractors in a manner that meets minimum standards that are 
        at least as stringent as the standards provided under sections 
        7 and 8; and
            (3) establish standard underwriting criteria to determine 
        the eligibility of program applicants, which criteria shall be 
        consistent with--
                    (A) with respect to unsecured consumer loan 
                programs, standard underwriting criteria used under the 
                energy loan program of the Federal National Mortgage 
                Association; or
                    (B) with respect to secured loans or other forms of 
                financial assistance, commercially recognized best 
                practices applicable to the form of financial 
                assistance being provided (as determined by the 
                designated entity administering the program in the 
                State).
    (d) Allocation.--In making funds available to States for each 
fiscal year under this section, the Secretary shall use the formula 
used to allocate funds to States to carry out 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.).
    (e) Qualified Financing Entities.--Before making funds available to 
a State under this section, the Secretary shall require the Governor of 
the State to provide to the Secretary a letter of assurance that the 
State--
            (1) has 1 or more qualified financing entities that meet 
        the requirements of this section;
            (2) has established a qualified loan program mechanism 
        that--
                    (A) includes a methodology to ensure credible 
                energy savings or renewable energy generation;
                    (B) incorporates an effective repayment mechanism, 
                which may include--
                            (i) on-utility-bill repayment;
                            (ii) tax assessment or other form of 
                        property assessment financing;
                            (iii) municipal service charges;
                            (iv) energy or energy efficiency services 
                        contracts;
                            (v) energy efficiency power purchase 
                        agreements;
                            (vi) unsecured loans applying the 
                        underwriting requirements of the energy loan 
                        program of the Federal National Mortgage 
                        Association; or
                            (vii) alternative contractual repayment 
                        mechanisms that have been demonstrated to have 
                        appropriate risk mitigation features; and
                    (C) will provide, in a timely manner, all 
                information regarding the administration of the program 
                as the Secretary may require to permit the Secretary to 
                meet the reporting requirements of subsection (h).
    (f) Use of Funds.--Funds made available to States under the program 
may be used to support financing products offered by qualified 
financing entities to eligible participants for eligible energy 
efficiency work, by providing--
            (1) interest rate reductions;
            (2) loan loss reserves or other forms of credit 
        enhancement;
            (3) revolving loan funds from which qualified financing 
        entities may offer direct loans; or
            (4) other debt instruments or financial products 
        necessary--
                    (A) to maximize leverage provided through available 
                funds; and
                    (B) to support widespread deployment of energy 
                efficiency finance programs.
    (g) Use of Repayment Funds.--In the case of a revolving loan fund 
established by a State described in subsection (f)(3), a qualified 
financing entity may use funds repaid by eligible participants under 
the program to provide financial assistance for additional eligible 
participants to make improvements described in subsection (b) in a 
manner that is consistent with this section or other such criteria as 
are prescribed by the State.
    (h) Program Evaluation.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to Congress a program 
evaluation that describes--
            (1) how many eligible participants have participated in the 
        program;
            (2) how many jobs have been created through the program, 
        directly and indirectly;
            (3) what steps could be taken to promote further deployment 
        of energy efficiency and renewable energy retrofits;
            (4) the quantity of verifiable energy savings, homeowner 
        energy bill savings, and other benefits of the program; and
            (5) the performance of the programs carried out by 
        qualified financing entities under this section, including 
        information on the rate of default and repayment.
    (i) Credit Support.--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:
            ``(4) Energy efficiency projects, including projects to 
        retrofit residential, commercial, and industrial buildings, 
        facilities, and equipment.''.

SEC. 16. FUNDING.

    (a) Authorization of Appropriations.--
            (1) In general.--Subject to subsection (j), there is 
        authorized to be appropriated to carry out this title 
        $6,000,000,000 for the period of each of fiscal years 2010 
        through 2012 to remain available until expended.
            (2) Maintenance of funding.--Funds provided under this 
        section shall supplement and not supplant any Federal and State 
        funding provided to carry out energy efficiency programs in 
        existence on the date of enactment of this Act.
    (b) Grants to States.--
            (1) In general.--Of the amount provided under subsection 
        (a), $380,000,000 or not more than 6 percent, whichever is 
        less, shall be used to carry out section 9.
            (2) Distribution to state energy offices.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Secretary shall--
                            (i) provide to State energy offices 25 
                        percent of the funds described in paragraph 
                        (1); and
                            (ii) determine a formula to provide the 
                        balance of funds to State energy offices 
                        through a performance-based system.
                    (B) Allocation.--
                            (i) Allocation formula.--Funds described in 
                        subparagraph (A)(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.).
                            (ii) Performance-based system.--The balance 
                        of the funds described in subparagraph (A)(ii) 
                        shall be made available in accordance with the 
                        performance-based system described in 
                        subparagraph (A)(ii).
    (c) Quality Assurance Costs.--
            (1) In general.--Of the amount provided under subsection 
        (a), not more than 5 percent shall be used to carry out the 
        quality assurance provisions of this Act.
            (2) Management.--Funds provided under this subsection shall 
        be overseen by--
                    (A) State energy offices described in subsection 
                (b)(2); or
                    (B) other entities determined by the Secretary to 
                be eligible to carry out quality assurance functions 
                under this Act.
            (3) Distribution to quality assurance providers or rebate 
        aggregators.--The Secretary shall use funds provided under this 
        subsection to compensate quality assurance providers, or rebate 
        aggregators, for services under the Silver Star Home Energy 
        Retrofit Program or the Gold Star Home Energy Retrofit Program 
        through the Federal Rebate Processing Center based on the 
        services provided to contractors under a quality assurance 
        program and rebate aggregation.
            (4) Incentives.--The amount of incentives provided to 
        quality assurance providers or rebate aggregators shall be--
                    (A)(i) in the case of the Silver Star Home Energy 
                Retrofit Program--
                            (I) $25 per rebate review and submission 
                        provided under the program; and
                            (II) $150 for each field inspection 
                        conducted under the program; and
                    (ii) in the case of the Gold Star Home Energy 
                Retrofit Program--
                            (I) $35 for each rebate review and 
                        submission provided under the program; and
                            (II) $300 for each field inspection 
                        conducted under the program; or
                    (B) such other amounts as the Secretary considers 
                necessary to carry out the quality assurance provisions 
                of this Act.
    (d) Tracking of Rebates and Expenditures.--Of the amount provided 
under subsection (a), not more than $150,000,000 shall be used for 
costs associated with database systems to track rebates and 
expenditures under this Act and related administrative costs incurred 
by the Secretary.
    (e) Public Education and Coordination.--Of the amount provided 
under subsection (a), not more than $10,000,000 shall be used for costs 
associated with public education and coordination with the Federal 
Energy Star program incurred by the Administrator.
    (f) Indian Tribes.--Of the amount provided under subsection (a), 
the Secretary shall reserve not more than 3 percent to make grants 
available to Indian tribes under this section.
    (g) Silver Star Home Energy Retrofit Program.--In the case of the 
Silver Star Home Energy Retrofit Program, of the amount provided under 
subsection (a) after funds are provided in accordance with subsections 
(b) through (e), $3,417,000,000 for the 1-year period beginning on the 
date of enactment of this Act (less any amounts required under 
subsection (f)) shall be used by the Secretary to provide rebates and 
incentives authorized under the Silver Star Home Energy Retrofit 
Program.
    (h) Gold Star Home Energy Retrofit Program.--In the case of the 
Gold Star Home Energy Retrofit Program, of the amount provided under 
subsection (a) after funds are provided in accordance with subsections 
(b) through (e), $1,683,000 for the 2-year period beginning on the date 
of enactment of this Act (less any amounts required under subsection 
(f)) shall be used by the Secretary to provide rebates and incentives 
authorized under the Gold Star Home Energy Retrofit Program.
    (i) Program Review and Backstop Funding.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall perform a State-by-
        State analysis and review the distribution of Home Star 
        retrofit rebates under this Act.
            (2) Adjustment.--The Secretary may allocate technical 
        assistance funding to assist States that have not sufficiently 
        benefitted from the Home Star Retrofit Rebate Program.
    (j) Return of Undisbursed Funds.--
            (1) Silver star home energy retrofit program.--If the 
        Secretary has not disbursed all the funds available for rebates 
        under the Silver Star Home Energy Retrofit Program by the date 
        that is 1 year after the date of enactment of this Act, any 
        undisbursed funds shall be made available to the Gold Star Home 
        Energy Retrofit Program.
            (2) Gold star home energy retrofit program.--If the 
        Secretary has not disbursed all the funds available for rebates 
        under the Gold Star Home Energy Retrofit Program by the date 
        that is 2 years after the date of enactment of this Act, any 
        undisbursed funds shall be returned to the Treasury.
    (k) Financing.--Of the amounts allocated to the States under 
subsection (b), not less than $200,000,000 shall be used to carry out 
the financing provisions of this Act in accordance with section 15.
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