(d) ADMINISTRATIVE AND TECHNICAL SUPPORT.— 
Subject to section 13 (b) and (c), beginning not later than 
30 days after the date of enactment of this Act, the Sec-
retary shall provide such administrative and technical sup-
port to rebate aggregators and States as is necessary to 
carry out this Act. 
(e) ADMINISTRATION.— 
(1) APPOINTMENT OF PERSONNEL.—Notwith-
standing 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 con-
siders necessary to carry out this Act. 
(2) RATE OF PAY.—The rate of pay for a per-
son appointed under paragraph (1) shall not exceed 
the maximum rate payable for GS–15 of the General 
Schedule under chapter 53 of title 5, United States 
Code. 
(3) 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. 
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(4) CONTRACTING.—In carrying out this Act, 
the Secretary may waive all or part of any provision 
of the Competition in Contracting Act of 1984 (Pub-
lic Law 98–369; 98 Stat. 1175), an amendment 
made by that Act, or the Federal Acquisition Regu-
lation on a determination that circumstances make 
compliance with the provisions contrary to the public 
interest. 
(5) REGULATIONS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 553 of title 5, United States Code, the Sec-
retary may issue regulations that the Secretary, 
in the sole discretion of the Secretary, deter-
mines necessary to— 
(i) establish; 
(ii) achieve full operational status 
within 60 days after the date of enactment 
of this Act for; or 
(iii) carry out, 
the Home Star Retrofit Rebate Program. 
(B) TIMING.—If the Secretary determines 
that regulations described in subparagraph (A) 
are necessary, the regulations shall be issued 
not later than 60 days after such determina-
tion. 
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(6) 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. 
(7) EFFECTIVE PERIOD.—Paragraphs (1), (3), 
(4), (5), and (6) shall be effective only for fiscal 
years 2010 and 2011. 
(f) PROGRAM REVIEW.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
prepare and transmit to Congress a State-by-State anal-
ysis and review the distribution of Home Star retrofit re-
bates under this Act. 
(g) ADJUSTMENT OF REBATE AMOUNTS.—Effective 
beginning on the date that is 180 days after the date of 
enactment of this Act, the Secretary may, after not less 
than 30 days public notice, prospectively adjust the rebate 
amounts provided for under this Act as necessary to opti-
mize the overall energy efficiency resulting from the Silver 
Star Home Energy Retrofit Program and the Gold Star 
Home Energy Retrofit Program. 
(h) INDIAN TRIBE PARTICIPATION.— 
(1) IN GENERAL.—An Indian tribe, within 30 
days after the date of enactment of this Act, may in-
dicate to the Secretary its intention to act in place 
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of a State for purposes of carrying out the respon-
sibilities of the State under this Act with respect to 
its tribal lands. If the Indian tribe so indicates, the 
Secretary shall treat the Indian tribe as the State 
for purposes of carrying out this Act with respect to 
those tribal lands. 
(2) TRANSITION
OF
RESPONSIBILITIES.—The 
Secretary may permit an Indian tribe, after the expi-
ration of 30 days after the date of enactment of this 
Act, to assume the responsibilities of a State under 
this Act with respect to its tribal lands if the Sec-
retary finds that such assumption of responsibilities 
will not disrupt the ongoing administration of the 
program under this Act. 
(3) COOPERATION.—An Indian tribe may co-
operate with a State or the Secretary to ensure that 
all of the requirements of this Act are carried out 
with respect to the tribal lands. 
(i) IMPLEMENTATION BY SECRETARY.— 
(1) IN GENERAL.—If a State has not indicated 
to the Secretary within 30 days after the date of en-
actment of this Act that it is prepared to carry out 
section 7, or if at any later time the Secretary deter-
mines that a State is no longer prepared to carry 
out section 7, to the extent that no Indian tribe as-
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