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(ii) establish a procedure to identify to 
the Secretary of Agriculture any specific 
farm efficiency measures for which the eli-
gible entity seeks authority to make a loan; 
(iii) prepare an implementation plan 
for use of the loan funds to ensure that a 
loan to a qualified consumer is for energy 
efficiency investments that will achieve sav-
ings sufficient to service the loan during 
the term of the loan; and 
(iv) provide for appropriate measure-
ment and verification as prescribed by the 
Secretary of Agriculture to ensure the ac-
tual use and effectiveness of the energy ef-
ficiency loans made by the eligible entity. 
(B) REVISION OF LIST OF ENERGY EFFI-
CIENCY MEASURES.—An eligible entity may up-
date the list required under subparagraph 
(A)(I) to account for efficiency technologies 
added to the master list published under section 
1(c)(1) pursuant to section 1(c)(2), or farm ef-
ficiency measures approved by the Secretary of 
Agriculture. 
(C) EXISTING ENERGY EFFICIENCY PRO-
GRAMS.—An eligible entity that, on or before 
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the date of the enactment of this Act, has al-
ready established an energy efficiency program 
for qualified consumers may submit an existing 
list of energy efficiency measures or farm effi-
ciency measures, implementation plans, or 
measurement and verification systems to satisfy 
the requirements of subparagraph (A) to the 
Secretary of Agriculture and may use such list 
until and unless such list is inconsistent with 
the measures published pursuant to section 
1(c)(1) and (2). 
(3) LOAN TERMS FOR LOANS TO ELIGIBLE EN-
TITIES.— 
(A) NO INTEREST.—A loan made to an eli-
gible entity under paragraph (1) shall bear no 
interest. 
(B) REPAYMENT.—With respect to a loan 
under paragraph (1)— 
(i) the term shall not exceed 20 years 
from the date the loan is closed; and 
(ii) except as provided in subpara-
graph (D), the repayment of each advance 
shall be amortized for a period not to ex-
ceed 10 years. 
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(C) AMOUNT OF ADVANCES.—Any advance 
of loan funds to an eligible entity in any single 
year shall not exceed 30 percent of the ap-
proved loan amount. 
(D) SPECIAL ADVANCE FOR START-UP AC-
TIVITIES.— 
(i) IN GENERAL.—In order to assist 
an eligible entity in defraying initial start- 
up costs, the Secretary of Agriculture shall 
allow an eligible entity to request a special 
advance. 
(ii) AMOUNT OF SPECIAL ADVANCE.— 
No eligible entity may receive a special ad-
vance under this subparagraph for an 
amount that is greater than 4 percent of 
the loan amount received by the eligible en-
tity under paragraph (1). 
(iii) REPAYMENT.—The repayment of 
the special advance shall be required with-
in 10 years after the special advance is 
made and, at the election of the eligible en-
tity, may be deferred to the end of the 10- 
year period. 
(E) LIMITATION ON ADVANCES.—All ad-
vances shall be made under a loan described in 
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paragraph (1) within the first 10 years of the 
term of the loan. 
(d) LOANS TO QUALIFIED CONSUMERS.— 
(1) TERMS OF LOANS.—Loans made by an eli-
gible entity to qualified consumers using loan funds 
provided by the Secretary of Agriculture under sub-
section (c)— 
(A) may bear interest, not to exceed three 
percent, to be used by the eligible entity for 
purposes such as establishing a loan loss re-
serve and to offset personnel and program costs 
of the eligible entity to provide the loans; 
(B) shall finance only energy efficiency 
measures or farm efficiency measures for the 
purpose of decreasing energy usage or costs of 
a qualified consumer by an amount such that a 
loan term of not more than 10 years will 
achieve a simple payback of the amount in-
vested; 
(C) shall not be used to fund— 
(i) the purchase of a manufactured 
home; or 
(ii) the purchase of any other personal 
property unless the personal property is or 
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becomes attached to real property as a fix-
ture; 
(D) shall not be used to fund modifications 
to personal property unless the personal prop-
erty— 
(i) is or becomes attached to real 
property as a fixture; or 
(ii) is a manufactured home; 
(E) shall be repaid through charges added 
to the electric bill for the property for, or at 
which energy efficiency measures are or will be 
implemented, except that this requirement shall 
not be construed to prohibit— 
(i) the voluntary prepayment of a loan 
by the owner of the property; or 
(ii) the use of any additional repay-
ment mechanisms that are— 
(I) demonstrated to have appro-
priate risk mitigation features, as de-
termined by the eligible entity; or 
(II) required if the qualified con-
sumer is no longer a customer of the 
eligible entity; and 
(F) shall require an energy audit to deter-
mine the impact of proposed energy efficiency 
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measures on the energy costs and consumption 
of the qualified consumer. 
(2) CONTRACTORS.—In addition to any other 
qualified general contractor, eligible entities may 
serve as general contractors. 
(3) USE OF OTHER ENERGY EFFICIENCY IN-
CENTIVES.—Energy efficiency incentives made avail-
able under any other Act, including rebates, grants, 
or any other payments, may be used to reduce the 
amount of a loan made under this subsection to 
qualified consumers in order to meet the require-
ment of paragraph (1)(B). 
(e) MEASUREMENT, VERIFICATION, TRAINING, AND 
TECHNICAL ASSISTANCE.— 
(1) DUTIES
OF
THE
SECRETARY.—The Sec-
retary of Agriculture— 
(A) shall establish an implementation and 
measurement and verification advisory com-
mittee consisting of representatives of eligible 
entities and qualified entities; 
(B) may enter into cooperative agreements 
with qualified entities to provide technical as-
sistance and training to the employees of eligi-
ble entities to carry out this section; and 
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(ii) the use and publication of aggre-
gate data (without identifying individual 
qualified consumers) based on information 
referred to in clause (i) to determine or 
demonstrate the performance of this pro-
gram; or 
(iii) the provision of information re-
ferred to in clause (i) with respect to a 
qualified consumer— 
(I) to the State, eligible con-
sumer, eligible entity, or qualified en-
tity, as necessary to enable carrying 
out this title; or 
(II) for purposes of prosecuting 
fraud and abuse. 
(f) FAST START DEMONSTRATION PROJECTS.—The 
Secretary of Agriculture shall, not later than 90 days after 
the enactment of this section, enter into agreements with 
eligible entities (or groups of eligible entities) that have 
established an energy efficiency program described in sub-
section (c)(2)(C) to establish an energy efficiency loan 
demonstration projects consistent with the purposes of 
this section that— 
(1) implement approaches to energy audits and 
investments in energy efficiency measures or farm 
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efficiency measures that yield measurable and pre-
dictable savings; 
(2) use measurement and verification processes 
to determine the effectiveness of energy efficiency 
loans made by eligible entities; 
(3) include training for employees of eligible en-
tities, including any contractors of such entities, to 
implement or oversee the activities described in 
paragraphs (1) and (2); 
(4) provide for the participation of a majority 
of eligible entities in a State; 
(5) reduce the need for generating capacity; 
(6) provide efficiency loans to— 
(A) not fewer than 20,000 consumers, in 
the case of a single eligible entity; or 
(B) not fewer than 80,000 consumers, in 
the case of a group of eligible entities; and 
(7) serve areas where 15 percent or more of 
consumers reside— 
(A) in manufactured homes; or 
(B) in housing units that are more than 50 
years old. 
(g) ADDITIONAL AUTHORITY.—The authority pro-
vided in this section is in addition to any authority of the 
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Secretary of Agriculture to offer loans under any other 
law. 
(h) EFFECTIVE PERIOD.—Except as otherwise pro-
vided in this section, the loans and other expenditures re-
quired to be made under this section are authorized to 
be made during each of fiscal years 2010 through 2014. 
(i) REGULATIONS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, not later than 180 days 
after the date of enactment of this section, the Sec-
retary of Agriculture shall promulgate such regula-
tions as are necessary to implement this section. 
(2) PROCEDURE.—The promulgation of the reg-
ulations and administration of this section shall be 
made without regard to— 
(A) chapter 35 of title 44, United States 
Code (commonly known as the ‘‘Paperwork Re-
duction Act’’); and 
(B) the Statement of Policy of the Sec-
retary of Agriculture effective July 24, 1971 
(36 Fed. Reg. 13804), relating to notices of 
proposed rulemaking and public participation in 
rulemaking. 
(3) CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING.—In carrying out this section, the Secretary 
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of Agriculture shall use the authority provided under 
section 808 of title 5, United States Code. 
(4) INTERIM
REGULATIONS.—Notwithstanding 
paragraphs (1) and (2), to the extent regulations are 
necessary to carry out any provision of this section, 
the Secretary of Agriculture shall implement such 
regulations through the promulgation of an interim 
rule. 
(j) AUDIT OF PROGRAM.—The Secretary of Agri-
culture shall conduct an audit of the program authorized 
by this section to ensure that the funds provided to eligible 
entities under this section are used in accordance with the 
purpose of this section. 
(k) REPORTING REQUIREMENTS.—The Secretary of 
Agriculture shall report to the Congress on the implemen-
tation of this Act, including the energy savings and costs 
savings estimated to be achieved, not later than 1 year 
after the date of enactment of this Act, and again not later 
than 2 years after the date of enactment of this Act. 
(l) ASSESSMENT BY GOVERNMENT ACCOUNTABILITY 
OFFICE.—The Comptroller General shall, by not later 
than 18 months after the date of enactment of this Act, 
prepare and submit to the Congress an analysis and report 
determining— 
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(1) the actual taxpayer funds made available 
for the program created in this section; 
(2) the actual amounts of such funds made 
available to eligible entities for qualified consumers 
in the program created in this section; 
(3) the extent of measured and verified energy 
savings achieved and expected to be achieved on an 
ongoing basis as a function of the program created 
in this section; 
(4) the extent to which funds made available 
were expended for training, administration, and pro-
gram support by eligible entities and qualified enti-
ties under the program created in this section; and 
(5) the consistency and rigor of the standards 
for energy efficiency and for measurement and 
verification adopted and implemented by program 
created in this section. 
(m) AUTHORIZATION.—There are authorized to be 
appropriated for purposes of this section, provided that 
enactment of this Act would not increase direct spending, 
$150,000,000 for each of fiscal years 2010 through 2014, 
which shall remain available until expended. 
(n) The Secretary of Agriculture shall provide assist-
ance and technical advice to the qualified entities pro-
viding loans under this bill in conducting outreach for the 
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